Terms of Sale and Subscription

GolfSpec is a SaaS application for golf-fitting shops and professionals. It allows them, in particular, to manage fitting sessions, recommendations and quotes, the customer portal, the workshop and after-sales service, messaging, online booking, artificial-intelligence assistance features and an iOS application (the "Service"). The Service is not a cash-register system: it neither records nor collects any payment from the Shop's customers (Article 11).

The Service is reserved for professionals acting in the course of their business. It is not offered to consumers; the right of withdrawal provided for by the French Consumer Code therefore does not apply [TO CONFIRM: exclusion of the B2B right of withdrawal]. Any order implies unreserved acceptance of the Terms, evidenced by the box ticked at sign-up; the version accepted and its date are recorded.

• "Customer" or "Shop": the professional holding the account who subscribes to the Service.
• "User": any natural person (administrator, manager, fitter) authorised by the Customer to access the Service.
• "End Customer": the golfer, a customer of the Shop, whose data is processed in the Service.
• "Service": the GolfSpec platform, its applications and their successive versions.
• "Plan": the subscription offer taken out (Basic, Pro or Full) and its billing period (monthly or yearly).
• "Site": a point of sale of the Customer managed in the Service.
• "Read-only": an access mode in which the Customer's data is retained and remains viewable and exportable, but creating and editing data is blocked; automatic messages and online booking may be suspended. Subscribing to a Plan or settling the sums due restores full access.

Every sign-up opens a 14-day free trial, with no payment card required, giving access to all features of the Full Plan (up to 3 Sites, unlimited fittings). The sign-up email address must be confirmed within 72 hours; otherwise the account switches to Read-only until it is confirmed. No charge is made without an express subscription to a Plan.

At the end of the trial, if no Plan has been subscribed, the account switches to Read-only until a subscription is taken out; data is retained under the conditions of Article 9.

Prices are stated in euros. As GolfSpec is covered by the French VAT franchise scheme (franchise en base de TVA), no VAT is charged (VAT not applicable, article 293 B of the French General Tax Code): the prices shown are the prices paid. The yearly subscription is billed ten months for twelve months of service.

• Basic "Workshop & Shop": €49 per month or €490 per year. 3 Users, 30 fittings per month.
• Pro "Fitting": €149 per month or €1,490 per year. Unlimited Users, 100 fittings per month.
• Full "Network": €199 per month or €1,990 per year. Unlimited Users, unlimited fittings.

The fitting quota is counted per calendar month (UTC) and reset on the 1st of each month. Once the quota is reached, the creation of new fittings is blocked until the following month; no usage-based billing is applied. Existing fittings remain accessible.

Each Plan includes one Site. Multi-site is reserved for the Full Plan: each additional Site is charged €49 per month or €490 per year, according to the billing period of the Plan, pro rata for the current period. Creating additional Sites requires a valid subscription.

Plan contents:

• Basic "Workshop & Shop": customer records, fittings and recommendations, PDF quotes and, at the Customer's request, invoices and credit notes (Article 11), product catalogue, workshop, after-sales service, messaging, customer portal, calendar, demo days and online booking, iPhone and iPad application, data export.
• Pro "Fitting": everything in the Basic Plan, plus shot data from any launch monitor (entry, CSV import, before/after comparison, gapping) and guided sessions; the artificial-intelligence fitting features (structured analysis, recommendations drawn from the catalogue that can be turned into quotes, in-session assistant, customer summary); the sales dashboard (declared sales revenue), goals, ROI report and sales export; portal customisation (logo, colour).
• Full "Network": everything in the Pro Plan, plus multi-site, automatic customer reminders (regripping, satisfaction) and order alerts, and AI-assisted reply drafts in messaging.

Subscription takes place online from the Billing area, through the Stripe payment platform (payment card or Link). Any promotional codes are entered when ordering. As GolfSpec is covered by the French VAT franchise scheme, no VAT is charged and invoices bear the statement "TVA non applicable, art. 293 B du CGI" (VAT not applicable, article 293 B of the French General Tax Code). [TO CONFIRM: VAT treatment and invoice statements for Customers established outside France, in particular reverse charge by a Customer established in another Member State of the European Union.]

The monthly Plan is billed in advance each month, the yearly Plan in advance each year. Invoices are issued by Stripe and available from the billing portal. Payment is due on receipt. GolfSpec does not store any payment-card data.

The Customer may change Plan or billing period at any time from the Billing area. The change takes effect immediately; the price difference is calculated pro rata for the remaining period and invoiced (or credited) immediately on the existing subscription. Switching to a Plan without multi-site is refused as long as the Customer has more than one Site; the Customer must first reassign or delete the excess Sites.

The monthly subscription has no minimum commitment and renews automatically each month. The yearly subscription is paid in advance for twelve months and renews automatically at each anniversary [TO CONFIRM: annual commitment and refund in the event of early termination — no refund is provided for to date].

The Customer may terminate at any time from the Stripe billing portal accessible in their account. Termination takes effect at the end of the current, already paid, period; full access to the Service is maintained until that date. The account then switches to Read-only; data is retained under the conditions of Article 9 and subscribing to a new Plan restores full access.

If a payment fails, Stripe retries the payment and sends reminders to the Customer. During a grace period of 7 days from the first failure, full access to the Service is maintained, except for the creation of new Sites, which is blocked. At the end of that period, or as soon as the subscription is closed for non-payment, the account switches to Read-only until the situation is regularised; payment of the sums due restores full access. Any sum unpaid on its due date gives rise to the late-payment penalties and the fixed recovery indemnity provided for by the French Commercial Code [TO CONFIRM: penalty rate].

The Customer may, at any time, including when its account is Read-only, export all of its data as a compressed JSON archive from the settings (administrator, at most two exports per hour; photos and attachments are referenced by their address) and, with the Pro and Full Plans, export its sales in CSV format.

The account administrator may request deletion of the account by confirming their password. The request cancels the subscription at the end of the current period; access to the Service is maintained for 30 days and the request may be cancelled during that period. After 30 days, all account data (including fittings, End Customers, quotes, invoices and credit notes issued in the Service) is permanently deleted. Encrypted backup copies may persist for up to 30 additional days (90 days for the monthly backup) before being overwritten.

It is the Customer's responsibility to export, before the purge, the documents it is required to keep under its accounting and tax obligations (in particular the invoices and credit notes issued from the Service, kept for ten years): data export, sales export and PDFs of invoices and credit notes. The Service reminds it of this when deletion is requested.

The Customer undertakes to:

• provide accurate identification and billing information and keep it up to date;
• keep its Users' credentials confidential and be answerable for their use of the Service;
• comply with the Terms of Use and the regulations applicable to its business;
• ensure the lawfulness of the End Customer data it records in the Service, inform End Customers of the processing of their data and of the use of GolfSpec as a processor, and respond to their requests to exercise their rights;
• where it chooses to record, in the fitting interview, information relating to an End Customer's health or physical constraints, obtain that person's explicit consent, which the Service records and timestamps through a checkbox in the interview before any entry, and limit the entry to what is strictly necessary [TO CONFIRM by counsel: wording of the consent, Article 9 GDPR];
• not use the Service for unlawful purposes, nor attempt to compromise its security or to access other Customers' data.

The Service is not cash-register software or a cash-register system within the meaning of Article 286, I, 3° bis of the French General Tax Code and is not certified as such. It does not record, collect or hold any payment from End Customers: it has no feature for collecting payments, recording payments, deposits or card pre-authorisations, and no payment account of the Shop is connected to it. The Shop collects payments from its End Customers with its own cash-register system, which must comply with the regulations and for which it is solely responsible. [TO CONFIRM by the accountant and counsel: qualification under Article 286 of the French General Tax Code.]

The Service allows the Shop to draw up quotes (itemised products and services, total excluding VAT, VAT, total including VAT) and to indicate that a sale has been concluded ("Sold" status). This status, declared by the Shop, and the dashboards derived from it (sales revenue) are management information: they are neither a record of payment nor an accounting document.

Where its cash-register system does not produce the invoice, the Shop may issue an invoice from the Service, only at its request: no invoice is ever issued automatically. An issued invoice is frozen: its content can no longer be modified or deleted, and any correction goes through a credit note followed, where applicable, by a new invoice.

Quotes, invoices and credit notes are the Shop's documents, drawn up under its sole responsibility: the Shop is answerable for the details it enters (identity, SIRET, VAT regime), for the accuracy of its documents, for their consistency with the payments recorded in its cash-register system and for keeping them.

Certain features of the Service (structured fitting analysis, session summaries and reports, fitter assistant, reply drafts in messaging), available according to the subscribed Plan (Article 4), rely on a language model provided by Google (Gemini). The data sent to the model is described in the Data Processing Agreement; for fitting analyses it does not include the End Customer's identity (name, email, phone), but may include it in messaging drafts.

Generated content consists of suggestions intended to assist the professional. It may be incomplete or inaccurate and constitutes neither guaranteed technical advice nor a medical recommendation. The Customer undertakes to have it validated by a professional before any use and remains solely responsible for the recommendations and quotes provided to its End Customers. Use of the AI features is capped (200 analyses per day and per account, per-minute limits); GolfSpec may suspend or modify these features if the provider is unavailable.

GolfSpec uses reasonable means to keep the Service accessible 24 hours a day, 7 days a week, without any quantified service-level guarantee [TO CONFIRM: possible SLA once the infrastructure has been migrated to paid plans]. Maintenance operations may cause interruptions, whose duration GolfSpec endeavours to limit and of which it endeavours to inform the Customer.

GolfSpec may evolve the Service without substantially degrading the essential features of the subscribed Plan. Support is provided by email at esteban@golfspecpro.app, on business days and hours [TO CONFIRM: hours and response time].

The Service, its code, its knowledge base, its reference catalogue, its trademarks and its documentation remain the exclusive property of GolfSpec or its licensors. For the term of the subscription, the Customer is granted a non-exclusive, non-transferable right to access and use the Service, limited to its internal needs and to the number of Sites subscribed. Any reproduction, decompilation, resale or provision to third parties is prohibited.

Data entered or imported by the Customer (End Customer data, fittings, documents, photos, settings) remains its property. GolfSpec uses it only to provide the Service and, where applicable, in an aggregated and anonymised form that does not allow the Customer or its End Customers to be re-identified, to improve the Service and produce statistics [TO CONFIRM: use of aggregated and anonymised data].

For the account data of the Customer and its Users (identity, billing, security logs), GolfSpec acts as a data controller, under the conditions of the Privacy Policy.

For End Customer data recorded by the Shop in the Service, the Shop is the data controller and GolfSpec acts as a processor within the meaning of Article 28 GDPR. The Data Processing Agreement specifies the nature of the processing, the sub-processors, the hosting locations, the security measures and the assistance provided to the Shop; it forms an integral part of the Terms.

Each party undertakes to keep confidential the non-public information of the other party of which it becomes aware in the course of the contract, for its duration and for [TO CONFIRM: post-contractual period] after its end, and to use it only for its performance. This obligation does not apply to information that has entered the public domain, that was already lawfully known to the recipient, or whose disclosure is required by law or by an authority.

GolfSpec is bound by an obligation of means. It shall not be liable for indirect damage (loss of turnover, customers or non-exported data, damage to reputation), damage resulting from non-compliant use of the Service, the Customer's content and decisions, recommendations provided to End Customers, third-party services (Stripe, CRM, AI provider and third-party sources for importing launch-monitor data, including TrackMan if the Customer enables that import) or interruptions of the Internet network.

In any event, GolfSpec's total liability, on any grounds whatsoever, is capped at the amount of the sums actually paid by the Customer for the [TO CONFIRM: 12 months of fees] preceding the event giving rise to liability. GolfSpec declares that it holds professional liability insurance [TO CONFIRM: insurer, policy number, amounts covered].

Neither party may be held liable for a breach caused by an event of force majeure within the meaning of Article 1218 of the French Civil Code, including the prolonged unavailability of a host or an essential infrastructure provider. If the event persists for more than [TO CONFIRM: 30 days], either party may terminate the contract without compensation.

GolfSpec may amend the Terms. Any substantial amendment is notified to the Customer by email or within the Service with [TO CONFIRM: 30 days] notice before it takes effect; price changes apply from the billing period following the end of the notice period. Continued use of the Service after that date, or acceptance of the new version at login, constitutes acceptance [TO CONFIRM: re-acceptance at login is not implemented to date]. A Customer who refuses the new Terms may terminate before they take effect.

The Terms are governed by French law. The parties shall endeavour to settle any dispute amicably. Failing agreement within [TO CONFIRM: 30 days], the dispute shall be brought before the competent courts of Toulouse [TO CONFIRM: competent court according to the registered office], notwithstanding multiple defendants or third-party proceedings.