Terms of Service
Ball Caddie
Effective Date and Last Updated: April 14, 2026
1. Acceptance of Terms
By accessing or using Ball Caddie, including the web-based software-as-a-service platform and mobile applications (collectively, the "Service"), you agree to be legally bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
Age and Eligibility
You must be at least 18 years old and of legal age in your jurisdiction to use the Service. If you are under 18, you may use the Service only with the involvement and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
Authority to Agree
If you are registering an account or using the Service on behalf of an organization, business, or entity, you represent and warrant that you have the authority to bind that organization to these Terms. You are responsible for all activity on any account registered in your name.
2. Description of Service
Service Overview
Ball Caddie is a software-as-a-service platform and mobile application designed to help golfers track and improve their game through shot tracking, statistical analysis, course information, and performance metrics. The Service is made available to you through a web browser at https://ballcaddie.com/ and through native mobile applications available on the iOS App Store and Google Play Store.
Service Availability and Modifications
Ball Caddie is provided "as available." We make no guarantee that the Service will be available at any particular time or without interruption. We may modify, discontinue, suspend, or restrict access to the Service, in whole or in part, at any time and for any reason without notice or liability, except as expressly prohibited by law. Such modifications may include changes to:
- Features, functionality, or user interface
- Service availability windows
- Performance characteristics or data storage limits
- Third-party integrations or data sources
We will use commercially reasonable efforts to notify users of material changes that negatively impact your ability to use the Service.
Technical Requirements
Your use of the Service requires an internet connection and a compatible device. We do not provide hardware. You are responsible for maintaining the equipment and internet service necessary to access the Service. Compatibility with specific devices or operating systems may change over time.
3. User Accounts
Account Registration and Credentials
To use most features of the Service, you must create an account and provide accurate, complete, and current information as requested by the registration form. You must select a password and username. You agree to keep your username and password confidential and not share them with any third party.
Account Security and Responsibilities
You are entirely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
- Notify us immediately of any unauthorized use of your account or any other breach of security
- Monitor your account for suspicious activity
- Exit your account at the end of each session, particularly on shared computers
- Use a strong, unique password and change it periodically
You are liable for all activities conducted through your account, including any unauthorized use resulting from your failure to keep your credentials secure. We are not responsible for any loss or damage arising from your failure to protect your account information.
Account Suspension and Termination
You may initiate deletion of your account at any time by any of the following methods: (i) directly from within the Service by navigating to your account settings and selecting the account deletion option; (ii) by visiting our web-based account deletion page at https://ballcaddie.com/delete-account; or (iii) by contacting support@ballcaddie.com. Upon deletion, your account and associated personal data will be permanently removed within 30 days, except for data that we are required to retain for legal, accounting, tax, fraud-prevention, or regulatory compliance purposes (such as transaction records and records required by applicable consumer-protection laws), which will be retained only for as long as legally necessary. Deleting your account in the Service does not automatically cancel a subscription purchased through the Apple App Store or Google Play Store — you must cancel those subscriptions through the respective platform.
We may suspend or terminate your account and access to the Service immediately, without notice and without liability, if:
- We believe you have violated these Terms
- We determine that you have engaged in fraudulent, illegal, or harmful activity
- Your payment method becomes invalid and remains unpaid
- We discontinue the Service or a particular feature
- As required by law
Upon termination of your account, your right to use the Service immediately ceases. Certain provisions of these Terms will survive termination, as set forth in Section 13.
4. Intellectual Property
Platform Ownership
The Service, including all content, features, functionality, designs, interfaces, code, graphics, photographs, video, text, and other materials (collectively, "Platform Content"), is owned by Software Secrets LLC or its licensors. All Platform Content is protected by copyright, trademark, trade secret, patent, and other intellectual property laws.
Limited License to Use
Subject to your full compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use only. This license is personal to you and may not be assigned, sublicensed, sold, or transferred to any third party.
Restrictions on Use
Except as expressly permitted by these Terms or as required by applicable law, you may not:
- Reproduce, distribute, publicly display, or publicly perform any portion of the Service
- Modify, adapt, translate, or create derivative works based on the Service
- Remove, alter, or obscure any copyright, trademark, patent, or proprietary notices
- Use the Service to create a competitive product or service
- Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying algorithms of the Service
- Rent, lease, lend, or loan the Service to any third party
Trademarks
The names "Ball Caddie" and related logos, marks, and slogans are trademarks of Software Secrets LLC. You may not use these marks without our prior written consent. All other trademarks, product names, and company names used on the Service are the property of their respective owners.
User Feedback
Any feedback, suggestions, comments, ideas, or other input you provide to us regarding the Service ("Feedback") may be used by us for any purpose, including improving the Service, without obligation or compensation to you. You grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and incorporate any Feedback without restriction.
5. Payment Terms
Subscription Plans and Pricing
The Service is offered on a subscription basis. Current subscription plans and pricing are available on our website. Subscription plans may vary by region and device. Prices are in U.S. dollars unless otherwise specified.
Billing and Auto-Renewal
When you purchase a subscription, you authorize us to charge the payment method you provide on a recurring basis according to your selected subscription cycle (monthly, annual, or as otherwise offered). Your subscription will renew automatically at the end of each billing period unless you cancel before the renewal date.
You understand that by agreeing to auto-renewal terms, you are authorizing recurring charges and that no additional notice or affirmative consent will be required prior to each renewal charge.
Payment Processing
All payments are processed through third-party payment processors. We do not directly collect or store your full payment card information. Payment processing is subject to the terms and conditions of the payment processor. If payment fails, we may retry the charge using the payment method on file. Repeated payment failures may result in account suspension or termination.
Taxes
You are responsible for determining and paying any sales tax, VAT, GST, or other taxes that may apply to your use of the Service. If applicable law requires us to collect and remit taxes, those taxes will be added to your subscription fee.
Price Changes
We may change subscription prices at any time. If you have an active subscription, we will provide at least 30 days' written notice before any price increase takes effect. Your continued use of the Service after a price increase constitutes acceptance of the new price. If you do not accept a price increase, you may cancel your subscription during the notice period without penalty.
Cancellation
You may cancel your subscription at any time by logging into your account and selecting the cancellation option, or by contacting support@ballcaddie.com. Cancellation takes effect at the end of your current billing period, and you will retain access to the Service through the end of that period. No refunds or credits are issued for partially used subscription periods unless required by the refund policy below or applicable law.
Refund Policy
If you cancel your subscription within 30 days of purchase, you may request a full refund of the subscription fee paid, provided that you have not made substantial use of the Service. "Substantial use" is defined as generating and saving more than three (3) rounds of shot data or course information. Refund requests must be submitted to support@ballcaddie.com within 30 days of the original purchase date.
All refund requests are evaluated on a case-by-case basis. Once a refund is issued, your account access will be immediately terminated. Refunds are issued in the original payment method within 5-10 business days of approval.
No refunds are available for subscriptions purchased through the iOS App Store or Google Play Store; instead, in-app refunds are governed by Apple's and Google's respective refund policies, which you can review in the App Store and Google Play Store. To request a refund for an in-app subscription, follow Apple's or Google's refund request process within their respective platforms.
Subscription Modifications
Upgrades, downgrades, or plan changes take effect immediately. If you upgrade during a billing period, you will be charged a prorated amount for the remainder of that period. If you downgrade, the change takes effect at the start of your next billing period.
6. Apple App Store — Auto-Renewable Subscription Terms (iOS)
The following terms apply to auto-renewable subscriptions purchased through the iOS App Store and supplement the general Payment Terms above. In the event of a conflict between these terms and the general Payment Terms, these terms control for iOS App Store purchases.
Subscription Details
Ball Caddie offers auto-renewable subscriptions on iOS. The subscription name, length of each subscription period, price per period, and the features and content you will receive per period are displayed on the in-app subscription purchase screen before you confirm your purchase. Current subscription offerings may include monthly and annual plans; exact titles, durations, and prices are shown at the point of sale and may vary by region.
Payment and Renewal
Payment will be charged to your Apple ID account at confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period at the renewal cost disclosed at the time of your original purchase (or the then-current price, if the price has changed and you have been notified as required by Apple).
Managing and Cancelling Your Subscription
You can manage your subscription and turn off auto-renewal at any time by going to your Apple ID Account Settings after purchase (Settings > [your name] > Subscriptions on iOS). Cancellation of the current active subscription period is not allowed; however, turning off auto-renewal will prevent future charges.
Free Trials
If you are offered a free trial, any unused portion of the free trial period will be forfeited when you purchase a subscription to that publication, where applicable.
Exclusive Use of Apple In-App Purchase
All digital content, features, and subscriptions offered through the iOS version of the Service must be purchased exclusively through Apple's In-App Purchase system. Refunds for iOS subscriptions are handled exclusively by Apple pursuant to Apple's published policies; to request a refund, please use Apple's refund request process at https://reportaproblem.apple.com.
Privacy Policy
Our Privacy Policy describes how we collect, use, and share information in connection with the Service, including iOS subscriptions.
7. Google Play Store — Auto-Renewable Subscription Terms (Android)
The following terms apply to auto-renewable subscriptions purchased through the Google Play Store and supplement the general Payment Terms above. In the event of a conflict between these terms and the general Payment Terms, these terms control for Google Play Store purchases.
Subscription Details
The subscription name, length of each subscription period, price per period, and the features and content you will receive per period are displayed on the in-app subscription purchase screen before you confirm your purchase. Subscription offerings may include monthly and annual plans; exact titles, durations, and prices are shown at the point of sale and may vary by region.
Payment and Renewal
Payment will be charged to the payment method associated with your Google Play account at confirmation of purchase. Your subscription automatically renews at the end of each billing period at the then-current price disclosed to you, unless you turn off auto-renewal at least 24 hours before the end of the current period. Renewal charges may appear on your payment method statement as "Google" or "Google Play."
Managing and Cancelling Your Subscription
You can manage your subscription and turn off auto-renewal at any time through your Google Play account. On your Android device, open the Google Play Store app, tap your profile icon, then tap Payments & subscriptions > Subscriptions, select the Ball Caddie subscription, and tap Cancel subscription. Cancellation takes effect at the end of the current billing period, and you will retain access to the subscription features through the end of that period.
Exclusive Use of Google Play Billing
All digital content, features, and subscriptions offered through the Android version of the Service are purchased exclusively through Google Play's billing system. Refunds for Google Play purchases are governed by Google Play's refund policy, which generally allows users to request a refund within 48 hours of purchase through their Google Play account; subscription refunds are handled in accordance with Google Play's then-current policies. To request a refund, please follow Google's process at https://support.google.com/googleplay/answer/2479637. We do not directly process refunds for Google Play purchases.
Privacy Policy
Our Privacy Policy describes how we collect, use, and share information in connection with the Service, including Android subscriptions, and is consistent with the Data safety disclosures we provide on the Google Play Store listing.
Compliance with Google Play Policies
Your use of the Ball Caddie Android application is also subject to the Google Play Developer Program Policies and the Google Play Terms of Service. Ball Caddie will not collect, use, or share your personal data in a manner that is inconsistent with our Privacy Policy or with the Data safety disclosures on our Google Play Store listing.
8. Prohibited Activities
You agree not to use the Service in any manner that:
- Is illegal, fraudulent, or violates any law, regulation, or governmental order
- Harasses, defames, threatens, or intimidates any person or entity
- Infringes upon any copyright, trademark, patent, trade secret, or other intellectual property right
- Constitutes spam, including unsolicited bulk email or messages
- Contains malware, viruses, worms, or other harmful code
- Attempts to gain unauthorized access to the Service or any user account or network
- Impersonates any person or entity or misrepresents your affiliation
- Scrapes, crawls, or automatically collects data from the Service without authorization
- Circumvents or disables security measures or access controls
- Uses the Service to develop a competing product or service
- Resells, rents, leases, or lends access to the Service
- Transmits adult, obscene, sexually explicit, or graphic violent content
- Disrupts the normal operation of the Service or interferes with other users' access
Ball Caddie reserves the right to investigate and take appropriate legal action against anyone who violates these Terms, including removing content, suspending or terminating accounts, and pursuing civil or criminal remedies.
9. Limitation of Liability
Cap on Damages
Except as required by applicable law and except for breaches of confidentiality or intellectual property infringement, in no event shall Ball Caddie, its officers, directors, employees, or agents be liable to you for:
- Indirect, incidental, special, consequential, punitive, or exemplary damages
- Lost profits, lost revenue, lost business opportunity, or loss of data
- Damages arising from your inability to use the Service or for any disruption of the Service
The total aggregate liability of Ball Caddie to you under these Terms shall not exceed the total amount of fees you actually paid to Ball Caddie in the 12 months preceding the claim. If you have not paid any fees (e.g., you used only free features), the cap on liability is $100.
Essential Purpose
These limitations reflect the allocation of risk between the parties and shall apply regardless of the form of action (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.
No Warranties
The Service is provided on an "as is" and "as available" basis without any warranties of any kind, express or implied. To the fullest extent permitted by law, Ball Caddie disclaims all warranties, including:
- Warranties of merchantability, fitness for a particular purpose, or non-infringement
- Warranties that the Service will be uninterrupted, error-free, secure, or meet your expectations
- Warranties regarding the accuracy, completeness, timeliness, or reliability of Service content or third-party data
- Warranties that the Service will be free from viruses or other harmful components
Your use of the Service is at your sole risk.
10. Indemnification
You agree to indemnify, defend, and hold harmless Ball Caddie, Software Secrets LLC, and their respective officers, directors, employees, agents, successors, and assignees from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your violation of these Terms
- Your use of the Service in violation of applicable law
- Your breach of any representation or warranty you make in these Terms
- Your infringement of any third-party intellectual property, privacy, or other rights
- Any User-Generated Content you provide or any information you submit
- Your violation of any third-party terms of service
This indemnification obligation does not apply to claims arising solely from Ball Caddie's gross negligence, willful misconduct, or violation of law.
11. Termination
Termination by You
You may terminate your account at any time, without cause, by contacting support@ballcaddie.com or using the account deletion feature within the Service.
Termination by Ball Caddie
Ball Caddie may suspend or terminate your account and access to the Service immediately, without notice, if:
- You violate any material provision of these Terms and fail to cure such violation within 10 days of written notice
- You engage in illegal, fraudulent, or harmful activity
- You repeatedly violate the prohibited activities section
- Payment for your account fails and remains unpaid after 30 days of notice
- We are required to do so by law
- We discontinue the Service
Effect of Termination
Upon termination:
- Your right to use the Service immediately ceases
- You will lose access to your account and all associated data
- Any data in your account may be deleted within 30 days, at our sole discretion
- You remain liable for all fees and charges incurred through the termination date
- Certain provisions shall survive as set forth below
Survival
The following provisions survive termination or expiration of these Terms: Intellectual Property (Section 4), Limitation of Liability (Section 9), Indemnification (Section 10), Dispute Resolution (Section 12), Governing Law (Section 13), Apple-Required Terms (Section 16), and any other provisions that by their nature are intended to survive.
12. Dispute Resolution
Informal Resolution
Before pursuing any formal dispute resolution, you and Ball Caddie agree to attempt to resolve any dispute by informal means. You must first send a written notice to support@ballcaddie.com describing the nature of the dispute, the harm you have suffered, and the relief you seek. Ball Caddie will respond within 30 days. Both parties will negotiate in good faith for 30 days to attempt to resolve the matter.
Mediation
If informal resolution fails, either party may initiate mediation by sending a written request to the other party. The dispute will be submitted to mediation administered by the American Arbitration Association (AAA) in accordance with the AAA Mediation Rules & Procedures. The mediation shall take place in Salt Lake City, Utah. Each party shall bear its own costs, and the parties shall split AAA's mediation fees equally.
Binding Arbitration
If mediation does not resolve the dispute within 60 days, either party may initiate binding arbitration. You and Ball Caddie agree that any dispute arising from or relating to these Terms, the Service, or your use of the Service shall be resolved by final and binding arbitration rather than in court, except as provided in the exceptions below.
The arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules & Procedures. The arbitration shall be conducted before a single neutral arbitrator. The arbitration will take place in Salt Lake City, Utah. Each party shall bear its own attorney's fees and costs. The arbitrator shall award reasonable attorney's fees and costs to the prevailing party, if awarded by the arbitrator.
Small Claims Exception
Notwithstanding the arbitration clause, either party may pursue a claim in small claims court if the claim is within the jurisdiction of the court and meets all requirements for small claims court proceedings.
Class Action and Jury Trial Waiver
You and Ball Caddie agree that:
- Any arbitration or court proceeding shall be conducted on an individual basis only, not as a class action, collective action, or representative action
- You waive your right to participate in any class action lawsuit
- You waive your right to a jury trial
- The arbitrator may not consolidate the claims of multiple parties or engage in any class or representative proceeding
30-Day Opt-Out Right
Notwithstanding the arbitration clause, you have the right to opt out of this arbitration agreement. To opt out, you must send a written notice to support@ballcaddie.com within 30 days of first accepting these Terms. The notice must state that you opt out of the arbitration agreement and must include your name, address, email address, and the date of your acceptance of these Terms. If you opt out, all other terms of these Terms of Service will continue to apply, but neither you nor Ball Caddie will be required to arbitrate disputes.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles. Any dispute not resolved through mediation or arbitration shall be brought exclusively in the state or federal courts located in Salt Lake City, Utah, and you irrevocably consent to the jurisdiction and venue of such courts.
14. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law. If a provision is severable, it shall be modified to the minimum extent necessary to make it enforceable while preserving the original intent.
15. Changes to Terms
Ball Caddie may update these Terms at any time. We will post changes on this page and update the "Last Updated" date at the top. For material changes that negatively impact your rights or increase your obligations, we will use commercially reasonable efforts to provide at least 30 days' written notice by email or by posting a prominent notice on the website.
Your continued use of the Service after changes become effective constitutes your acceptance of the updated Terms. If you do not agree to the changes, you may cancel your subscription before the changes take effect.
16. Apple-Required Terms (iOS App Store)
The following additional terms apply if you obtained the Ball Caddie application from the Apple App Store and are required by Apple Inc. ("Apple"). These terms supplement, and do not replace, the other provisions of these Terms.
Acknowledgment
You acknowledge and agree that these Terms are concluded solely between you and Software Secrets LLC (operating as Ball Caddie), and not with Apple. Apple is not responsible for the Ball Caddie application or its content. Software Secrets LLC, and not Apple, is solely responsible for the application and the content thereof.
Scope of License
The license granted to you for the Ball Caddie application is a non-transferable license to use the application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
Maintenance and Support
Software Secrets LLC is solely responsible for providing any maintenance and support services with respect to the application, as specified in these Terms, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application.
Warranty
Software Secrets LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Software Secrets LLC.
Product Claims
You and Software Secrets LLC acknowledge that Software Secrets LLC, and not Apple, is responsible for addressing any claims by you or any third party relating to the application or your possession and/or use of the application, including but not limited to: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the application's use of the HealthKit and HomeKit frameworks, if applicable.
Intellectual Property Rights
You and Software Secrets LLC acknowledge that, in the event of any third-party claim that the application or your possession and use of that application infringes that third party's intellectual property rights, Software Secrets LLC, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third-Party Beneficiary
You and Software Secrets LLC acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Third-Party Terms
You must comply with applicable third-party terms of agreement when using the Ball Caddie application.
17. Contact Information
If you have questions about these Terms of Service, the Service, or your account, please contact us at:
Ball Caddie Support
Email: support@ballcaddie.com
Website: https://ballcaddie.com/
End of Terms of Service