Purest Terms of Use

1. What Purest is

Purest is an iPhone and iPad app for recording golf swing videos and performing golf shot tracing and related video analysis. Depending on the features enabled, the Service may also include optional cloud-backed features such as anonymous authentication, diagnostics, notifications, support chat, and optional sharing of videos and related data for product improvement.

2. Eligibility and acceptable use

You may use the Service only if you can form a binding contract with us and your use complies with applicable law.

Purest is a general-audience product and is not directed to children under 13.

You may not:

• use the Service in violation of law or another person's rights;
• copy, distribute, sell, lease, sublicense, or commercially exploit the Service except as permitted by applicable law;
• reverse engineer, decompile, disassemble, or attempt to extract source code, models, or underlying components of the Service, except where applicable law clearly allows it despite this restriction;
• interfere with or disrupt the Service, its infrastructure, or related systems;
• bypass security features, authentication, rate limits, or technical restrictions;
• upload, transmit, or share content that is unlawful, infringing, abusive, deceptive, harmful, or malicious; or
• use the Service in a way that could create safety risks to yourself or others.

You are responsible for your conduct and for the content you record, import, store, upload, or share through the Service.

3. License to use the Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Service on Apple-branded devices that you own or control, solely for your personal, non-commercial or internal lawful use and in accordance with these Terms and the Apple Media Services Terms and Conditions and App Store rules that apply to you.

This license does not transfer any ownership rights in the Service. We and our licensors retain all rights, title, and interest in and to the Service, including all software, models, designs, trademarks, branding, content, and other intellectual property.

4. Permissions and device features

The Service may request access to device features such as the camera, microphone, photo library add/write access, notifications, and optional location access.

Some features will not function unless you grant the relevant permissions. You can manage permissions in your device settings at any time.

You are responsible for reviewing any media, metadata, or information you choose to record, save, upload, or share.

5. Anonymous backend services and optional cloud features

Some features of the Service rely on internet connectivity and third-party or cloud-backed services. The app currently uses anonymous backend authentication and related infrastructure for certain backend-enabled features. You do not currently create or manage a named end-user account, but backend systems may associate certain app activity and settings with an anonymous account or app-generated identifier.

Cloud-backed or third-party-supported features may change, be limited, be unavailable in some circumstances, or be discontinued at any time.

6. Optional sharing for product improvement and model training

Purest may offer an optional setting such as "Share videos to improve tracking". Unless the app clearly states otherwise, that setting is optional and is not required to use the core shot-tracing features of the Service.

If you enable that setting, you authorize us and our service providers to:

• receive and store videos, session logs, technical metadata, and related files that you choose to share through that feature;
• extract still frames or images from shared videos;
• create annotations, labels, quality-control records, and other derived data from shared videos or extracted frames; and
• use the shared and derived data to host, process, debug, evaluate, test, validate, support, develop, and improve Purest and related golf shot-tracing, golf ball detection, and video-analysis features, models, and systems.

This permission includes the right to use uploaded and derived materials for internal research, quality review, model development, and product improvement related to the Service.

If you turn the setting off, we will stop future sharing through that feature. Turning the setting off does not necessarily require deletion of data already incorporated into completed datasets, quality-review records, model evaluation records, or trained model weights. Account deletion may delete certain stored uploads and account-linked records as described in our Privacy Policy, but it may not be technically possible to remove information already incorporated into aggregated or completed model-development artifacts.

7. Your content

As between you and us, you retain ownership of content you create, record, import, or store through the Service, subject to the rights you grant in these Terms.

You represent and warrant that you have all rights, permissions, and consents needed for any content you submit, upload, share, or otherwise make available through the Service, including any rights needed for any people, voices, locations, property, or third-party materials that appear in that content.

You are solely responsible for your content and for the consequences of recording, uploading, sharing, exporting, or relying on it.

8. Feedback

If you provide suggestions, ideas, comments, bug reports, or other feedback about the Service, you grant us a non-exclusive, worldwide, perpetual, irrevocable, sublicensable, transferable, royalty-free license to use, copy, modify, create derivative works from, and otherwise exploit that feedback for any purpose without compensation or obligation to you.

9. No professional, safety-critical, or guaranteed-use service

Purest is provided for general consumer golf video analysis and related functionality. It is not intended for emergency, safety-critical, medical, legal, regulatory, or other high-risk uses.

Do not use the Service in situations where distraction or reliance on the Service could result in injury, property damage, or other harm. You are responsible for using the Service safely and appropriately.

We do not guarantee that the Service, any tracing output, any model result, or any derived data will be accurate, complete, available, or fit for your intended purpose.

10. Third-party services and platforms

The Service may rely on third-party providers and platform services, including for backend infrastructure, anonymous authentication, diagnostics, messaging, notifications, support chat, storage, and related functions. We are not responsible for third-party services or for outages, failures, or decisions made by those providers.

The app may be distributed through Apple's App Store. Apple is not a party to these Terms and is not responsible for the Service or its content, maintenance, support, or warranty claims, except as required by applicable law. To the extent permitted by law, Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you.

11. Updates, changes, and availability

We may update, modify, suspend, limit, or discontinue any part of the Service at any time, with or without notice. This includes adding, removing, or changing features, backend functionality, limits, dependencies, and supported devices or operating-system versions.

We are not liable for losses resulting from feature changes, delays, interruptions, or discontinuation of the Service.

12. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND AVAILABILITY.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, OR FREE OF LOSS, DELAY, CORRUPTION, OR HARMFUL COMPONENTS.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• WE WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, DEVICE FUNCTIONALITY, OR SERVICE AVAILABILITY; AND
• OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $50 USD OR (B) THE AMOUNT YOU PAID US, IF ANY, FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply regardless of the legal theory, even if a remedy fails of its essential purpose and even if we were advised of the possibility of the damages.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

14. Indemnity

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless William Murmann and his affiliates, contractors, service providers, and representatives from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

• your use or misuse of the Service;
• your content;
• your violation of these Terms;
• your violation of applicable law; or
• your violation of another person's rights.

15. Suspension, termination, and deletion

We may suspend, limit, or terminate your access to all or part of the Service if we reasonably believe you violated these Terms, created risk or potential legal exposure for us or others, or used the Service in a harmful, abusive, or unlawful way.

You may stop using the Service at any time.

Uninstalling the app stops your local use of the Service on that device, but does not by itself necessarily delete backend records associated with anonymous backend features.

The app provides an in-app account deletion feature, and you may use that feature to request deletion of the anonymous backend account and associated account-linked records, subject to our Privacy Policy and any legal, security, fraud-prevention, backup, or technical limitations described there.

Sections that by their nature should survive suspension or termination will survive, including Sections 3, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17.

16. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules, except where applicable law requires otherwise.

To the extent permitted by law, any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in California, and you and we consent to personal jurisdiction and venue there.

Nothing in these Terms limits any consumer protection rights you may have under mandatory applicable law.

17. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we may update the effective date above and provide additional notice where appropriate.

By continuing to use the Service after updated Terms take effect, you agree to the revised Terms.

18. Contact

William Murmann
support@purest.golf
privacy@purest.golf
https://purest.golf