Terms of Use
Last Updated: August 13, 2025
Plain English Summary
Welcome to The Stack System. Here’s what these Terms mean in simple language:
• By using our website, iOS app, and connected devices (the “Services”), you agree to these Terms.
• You must be at least 13 years old. If under 18, you need parental consent.
• You’re responsible for your account and for keeping your login details safe.
• Don’t misuse the Services (e.g., by hacking, scraping, or harassing others).
• Training data you upload (like swing data or videos) stays yours, but you give us permission to use it to provide the Services and to improve our products.
• Subscriptions renew automatically unless canceled. Fees are non-refundable except where required by law.
• Hardware comes with a one-year warranty, but misuse voids coverage.
• We limit our liability, and disputes are generally resolved by arbitration in Arizona.
This summary is for convenience only. Please read the full Terms below for details.
Full Terms of Use
1. Agreement to Terms
These Terms of Use constitute a legally binding agreement between you and The Stack System, LP and The Stack System GP, Inc. (collectively, “Company,” “we,” “us,” or “our”), governing your access to and use of the www.thestacksystem.com website, TheStack iOS mobile application, connected devices, cloud services, and any other media or platform controlled by us (collectively, the “Services”).
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must stop using the Services immediately.
We may update these Terms at any time. Material changes will be communicated via updated “Last Updated” date, email, or in-app notice. Continued use constitutes acceptance.
2. Eligibility and User Responsibilities
The Services are not intended for users under 13 years of age. If you are under 18, you must have parental consent and supervision.
By using the Services, you represent and warrant that:
• Registration information you submit is accurate and current.
• You have the legal capacity to agree to these Terms.
• You are physically able to participate in training programs and have consulted a medical professional if necessary.
• You will not use the Services for unlawful purposes.
3. Intellectual Property Rights
Unless otherwise indicated, the Services and all source code, databases, software, designs, audio, video, text, photographs, graphics, trademarks, and service marks (collectively, “Content” and “Marks”) are owned or licensed by us and protected under intellectual property laws. This includes all hardware designs, firmware, and documentation related to our products.
Except as expressly permitted, you may not copy, reproduce, sell, license, or exploit the Content or Marks for commercial purposes without prior written consent.
4. User Accounts
You may be required to register to access certain Services. You are responsible for maintaining the confidentiality of your login credentials and all activity under your account.
We may suspend or terminate accounts if inaccurate information is provided or if these Terms are violated.
5. Prohibited Activities
You may not use the Services for purposes other than those we make available. Prohibited activities include, but are not limited to:
• Unauthorized scraping, extraction, or automated data collection.
• Impersonation or misrepresentation.
• Circumventing or interfering with security features.
• Uploading malware, viruses, or harmful code.
• Harassment, abuse, or threats.
• Reverse engineering, disassembly, or modification of hardware or software components.
• Commercial use not expressly authorized by us.
6. User Contributions
We may allow you to submit or upload content, such as swing videos, training data, or performance metrics (“Contributions”).
You retain ownership of your Contributions but grant us a worldwide, non-exclusive, royalty-free license to host, display, analyze, and use them to provide the Services.
We may also use anonymized, aggregated Contributions for research, product improvement, and AI model training.
7. Subscription Terms
• Automatic Renewal – Paid subscriptions renew automatically unless canceled before the renewal date.
• Billing – You authorize us to charge your payment method until canceled.
• Cancellation – Cancel via respective website or App Store; effective at the end of the billing cycle.
• Refunds – Except where required by law, all fees are non-refundable.
8. Hardware Terms
• Warranty – One-year warranty against defects in materials and workmanship.
• Exclusions – Misuse, unauthorized modifications, or failure to follow instructions voids warranty.
• Returns – Governed by our posted Return Policy.
• Safety Disclaimer – Use of hardware and training programs is at your own risk. Consult a physician before participating in physical training.
9. Privacy Policy
Your use of the Services is subject to our Privacy Policy, which complies with applicable privacy laws including CCPA, CPRA, and GDPR (where applicable).
Users have rights to access, correct, delete, and opt out of certain uses of personal data.
10. Third-Party Content
The Services may contain links to third-party websites and content. We do not control, endorse, or assume responsibility for third-party content or transactions.
Use of third-party services is at your own risk.
11. Site Management
We reserve the right to monitor the Services for violations, remove content, suspend accounts, and take legal action to protect our rights and ensure proper operation of the Services.
12. Governing Law and International Users
These Terms are governed by the laws of the State of Arizona, USA.
International users may have additional rights under local laws, but by using the Services, you agree to the exclusive jurisdiction of Arizona courts except where arbitration applies.
13. Dispute Resolution
Most disputes can be resolved informally. You agree to first attempt to resolve any dispute by contacting us directly.
If unresolved, disputes will be submitted to binding arbitration under the rules of the American Arbitration Association (AAA) in Arizona.
You waive any right to a jury trial or class action.
Certain disputes (e.g., intellectual property, privacy violations, or unauthorized use) may be brought directly to court.
14. Disclaimers
The Services are provided on an “as-is” and “as-available” basis. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
We make no guarantees about accuracy, availability, or uninterrupted use of the Services.
15. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages, including lost profits or data.
Our total liability to you for any claim shall not exceed the amount you paid to us in the 12 months preceding the claim.
16. Indemnification
You agree to defend, indemnify, and hold us harmless from any claims, damages, or expenses arising from your use of the Services, your violation of these Terms, or your infringement of any third-party rights.
17. Electronic Communications and Signatures
By using the Services, you consent to receive electronic communications from us.
You agree that agreements, notices, and records provided electronically satisfy any legal requirement for written communication.
You consent to electronic signatures and records for transactions conducted through the Services.
18. Miscellaneous
These Terms constitute the entire agreement between you and us regarding the Services.
If any provision is found unenforceable, the remaining provisions will remain in effect.
We may assign our rights and obligations under these Terms.
Failure to enforce any right shall not be deemed a waiver.
19. Contact Us
The Stack System, LP
The Stack System GP, Inc.
Phoenix, AZ 85050