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, payments collected through Stripe Connect, artificial-intelligence assistance features and an iOS application (the "Service").

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.

Every sign-up opens a 14-day free trial, with no payment card required, giving access to all features (up to 3 Sites, unlimited fittings). At the end of the trial, access to the Service is suspended until a Plan is subscribed; data is retained under the conditions of Article 9. No charge is made without an express subscription.

Prices are stated in euros, exclusive of VAT. A first-year rate applies during the first 12 months of the subscription; the standard rate applies thereafter [TO CONFIRM: mechanism for switching to the standard rate — no automatic switch is implemented to date].

• Basic: €49 excl. VAT/month for the first year, then €69 excl. VAT/month; or €490 excl. VAT/year for the first year, then €828 excl. VAT/year. 30 fittings per month.
• Pro: €149 excl. VAT/month for the first year, then €179 excl. VAT/month; or €1,490 excl. VAT/year for the first year, then €2,148 excl. VAT/year. 100 fittings per month.
• Full: €199 excl. VAT/month for the first year, then €249 excl. VAT/month; or €1,990 excl. VAT/year for the first year, then €2,988 excl. VAT/year. 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. Each additional Site is charged €49 excl. VAT per month or €490 excl. VAT per year, according to the billing period of the Plan, pro rata for the current period. Creating additional Sites requires a valid subscription and a Plan that includes multi-site.

Plan contents:

• All Plans: creation of fittings and recommendations, PDF reports, customer portal.
• Pro and Full: calendar, monthly goals, financial dashboard and accounting export, multiple users, portal customisation (logo, colour), performance data (launch monitor, A/B comparison, CSV import, gapping).
• Full only: automatic reminders (regripping, satisfaction), multi-site, AI-assisted reply drafts in messaging.
• The other modules (workshop, after-sales service, messaging, online booking, Stripe Connect payments, AI fitting analysis, iOS application, data export) are accessible whatever the Plan [TO CONFIRM: functional scope per Plan].

[TO CONFIRM] The "Customer campaigns" feature is currently displayed as included in the Full Plan although it is not available. It is not part of the contractual offer until it is released; the display must be corrected before publication.

Subscription takes place online from the Billing area, through the Stripe payment platform (payment card or Link). Any promotional codes are entered when ordering. Applicable VAT is calculated and added at the time of payment [TO CONFIRM: VAT, OSS scheme and reverse charge for Customers established outside France].

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 [TO CONFIRM in the Stripe portal configuration: end of period or immediate effect]. On expiry, access to the Service is suspended; data is retained under the conditions of Article 9.

If a payment fails, Stripe retries the payment and sends reminders to the Customer. During the period of non-payment, the creation of new Sites is blocked; access to the rest of the Service is maintained [TO CONFIRM: period before full suspension of the Service in the event of persistent non-payment]. When the subscription is closed for non-payment, access is suspended until the situation is regularised. 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, export all of its data in JSON format from the settings (administrator, at most two exports per hour) and export its accounting entries 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, invoices and payments recorded 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 [TO CONFIRM: reconciliation between accounting retention and the purge at D+30].

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 and limit the entry to what is strictly necessary [TO CONFIRM: processing of health data, Article 9 GDPR];
• not use the Service for unlawful purposes, nor attempt to compromise its security or to access other Customers' data.

The Service allows the Shop to connect its own Stripe account (Stripe Connect) in order to collect payments from its End Customers: payment for services, deposits and bank pre-authorisations (card holds) linked to bookings. These sums are collected directly by the Shop on its Stripe account, under the terms agreed between the Shop and Stripe.

GolfSpec is neither a payment institution nor a payment intermediary, does not take part in the financial flows between the Shop and its End Customers and does not receive any commission on these payments [TO CONFIRM]. The Shop is solely responsible for its deposit, pre-authorisation and cancellation policy, for informing its End Customers, for the related disputes and refunds and for complying with its obligations towards Stripe. GolfSpec only retains the identifier of the connected Stripe account.

Certain features of the Service (structured fitting analysis, session summaries and reports, fitter assistant, reply drafts in messaging) 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 [TO CONFIRM: support@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, TrackMan, CRM, AI provider) 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 exclusive of VAT 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.