Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) govern your use of the MotionEdge application for iPhone, iPad, Apple Watch, and Mac (the “App”), related online services used by the App (including AI coaching relay services), and the motionedge.ai website (the “Site”), provided by D K Land and Cattle, L.C., a Utah limited liability company, doing business as MotionEdge(“MotionEdge,” “we,” “us,” or “our”).

By downloading, accessing, or using MotionEdge, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App or Site.

Nothing in these Terms limits non-waivable consumer rights under the laws of your place of residence. If a provision is not enforceable in your jurisdiction, the remainder of these Terms still applies.

2. Eligibility

You must be at least 13 years old to use MotionEdge. If you are under the age of majority where you live, you may use MotionEdge only with the involvement of a parent or guardian who agrees to these Terms on your behalf.

3. License

MotionEdge grants you a personal, limited, non-exclusive, non-transferable, revocable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, including use by other accounts associated with the purchaser via Family Sharing or volume purchasing where Apple enables it.

You may use MotionEdge for personal practice and for professional golf instruction (for example, a teaching pro reviewing a student swing with the student). You may not resell, sublicense, rent, white-label, or otherwise commercially redistribute the App, our models, or bulk automated access to our services. Teaching with the App in a lesson is allowed; selling the App or its AI service as your own product is not.

Your use of the App is also governed by Apple's Licensed Application End User License Agreement (the “Apple Standard EULA”). Where these Terms and the Apple Standard EULA conflict on a pure licensing matter for the App binary, the Apple Standard EULA controls. For services we provide (AI Coach, subscriptions, Site content, acceptable use, disputes with us), these Terms control to the extent permitted by law.

4. Relationship with Apple

The following acknowledgements apply because MotionEdge is distributed through the Apple App Store and Mac App Store. In this section, “you” is the end user and “we” are the Application Provider (D K Land and Cattle, L.C. d/b/a MotionEdge).

• Parties.These Terms are between you and us only, not with Apple Inc. or its subsidiaries (“Apple”). We, not Apple, are solely responsible for the App and its content. These Terms do not conflict with the Apple Media Services Terms and Conditions as of the date you accept them.
• Maintenance and support. We are solely responsible for providing any maintenance and support for the App. Apple has no obligation whatsoever to furnish maintenance or support services with respect to the App.
• Warranty and refunds via Apple. We are 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 App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if any was charged for the App itself) to the extent required by Apple's policies. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are our sole responsibility.
• Product claims.You and we acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (i) product liability claims; (ii) any claim that the App 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 App's use of HealthKit (and any other Apple frameworks we integrate).
• Intellectual property claims. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that 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 terms.You must comply with applicable third-party terms of agreement when using the App (for example, your wireless data agreement, Apple's terms, and the terms of any third-party service you connect, such as TrackMan or an AI provider).
• Third-party beneficiary. You and we acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as they relate to your license to the App, and that upon your acceptance 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.

5. Not Medical or Professional Advice; Health Data

MotionEdge is a training and analysis tool. It is not a medical device and is not a substitute for professional medical advice, diagnosis, physical therapy, or certified instruction. Swing analysis and coaching feedback are for educational and training purposes only. Golf and athletic training involve physical exertion and a risk of injury — consult a qualified professional before making changes to your training, and stop if you experience pain.

If you choose to connect Apple Health / HealthKit, workout and related metrics shown in MotionEdge are informational only. They are not medical diagnosis, treatment, or clinical monitoring, and we do not warrant their accuracy or fitness for any health purpose.

6. AI Coaching Disclaimer

AI Coach features generate analysis and suggestions from your swing data using third-party AI models routed through MotionEdge's services. AI output can be incomplete, inconsistent, hallucinated, or wrong. It is a tool for learning, not a definitive biomechanical or medical assessment, and should be weighed alongside guidance from qualified instructors. No coach–client professional relationship is created between you and MotionEdge. We do not guarantee improved scores, handicap, or performance. You are responsible for how you act on AI-generated feedback.

7. Subscriptions, Free Trial, and Purchases

MotionEdge Pro. Some features — including the AI Coach, TrackMan integration, Remote Camera, iCloud sync, and an unlimited swing library — require a MotionEdge Pro subscription. Subscriptions are offered as auto-renewing monthly (one-month) and annual (one-year) plans. Prices are displayed in the App at the time of purchase and are set by Apple for your region and currency. For illustration only, U.S. list prices at the time of this update are $9.99 per month and $79.99 per year; those figures may change and are not a guarantee of future pricing.

Free trial. New subscribers may be offered a 7-day free trial, limited to one per Apple ID. If you do not cancel at least 24 hours before the trial ends, it automatically converts to a paid subscription at the price shown at purchase. Any unused portion of a free trial is forfeited when you purchase a subscription to the same service, to the extent that occurs in your purchase flow.

Auto-renewal (please read). Your subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Your Apple ID is charged for renewal within 24 hours before the end of the current period, at the then-current price. Payment is charged to your Apple ID at confirmation of purchase. These Terms and our Privacy Policy apply to subscription use.

Managing and cancelling. You manage and cancel your subscription through your Apple account — in the App via Settings → MotionEdge Pro → Manage Subscription, or via Settings → [your name] → Subscriptions on your device. Cancelling stops future renewals; you keep Pro until the end of the period you have already paid for. Deleting the App does not cancel a subscription.

AI Coach Refill. The AI Coach Refill is a one-time, consumable in-app purchase (not a subscription) that adds AI Coach usage to your account and is valid for one year from purchase. Consumables are non-refundable except as required by law. Apple does not redistribute consumable purchases through Family Sharing; see Family Sharing below for how MotionEdge pools AI Coach usage on a shared subscription.

Family Sharing. Where we enable it in App Store Connect, a MotionEdge Pro subscription may be shared through Apple Family Sharing under Apple's rules. While Apple's Family Sharing does not share consumable purchases, MotionEdge separately pools AI Coach usage (including Refills) across members of a shared subscription as a service feature. Everyone who uses a shared subscription remains bound by these Terms.

Billing and refunds. All purchases are processed by Apple, not by MotionEdge. We do not receive or store your payment details. Refunds are handled by Apple under the App Store refund terms and at Apple's discretion; we generally cannot issue refunds directly.

Price changes. We may change subscription prices. Changes apply to future billing periods and, where required, take effect only after notice and your consent in accordance with Apple's rules.

8. Your Content and Data

You retain ownership of all content you create with MotionEdge — swing videos, analysis, comments, session data, and similar materials (“Your Content”). Your Content is stored on your device and, if you enable iCloud sync, in your own private iCloud; see our Privacy Policy.

You grant MotionEdge a limited, worldwide, royalty-free, non-exclusive license to host, process, transmit, display, and create derivative works from Your Content solely as needed to operate the features you use. That includes, for example: transmitting swing frames, pose data, and chat messages through our relay to third-party AI providers when you use AI Coach; generating analysis overlays and coaching responses; and enabling iCloud or session sharing so that people you invite can view content you choose to share. We do not claim ownership of Your Content, and we do not use Your Content to train third-party foundation models (see the Privacy Policy for current provider practices).

You are responsible for Your Content and for having all rights needed for any video you record or import, including permission from anyone who appears in it. If you share a session or content with others (coach, student, family, or friend), you are responsible for that sharing decision.

If you send us feedback, ideas, or suggestions about MotionEdge, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation to you.

9. Acceptable Use

You agree not to:

• reverse engineer, decompile, or attempt to extract the source code or models of the App except where permitted by law;
• resell, sublicense, rent, white-label, or commercially redistribute the App or bulk access to its services (teaching with the App in a lesson is allowed as described in Section 3);
• use the App to infringe others' rights or upload content you do not have the rights to;
• interfere with, overload, scrape, or attempt to gain unauthorized access to our services, the AI service, subscription or quota limits, or other users' data;
• harass, abuse, or share unlawful content via comments, shared sessions, or other multi-user features;
• use Remote Camera or any recording feature to capture other people without any consent required by applicable law; or
• export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which you obtained it.

10. Intellectual Property

The App, the Site, the MotionEdge name and logo, and all related software, models, and design are owned by D K Land and Cattle, L.C. (or its licensors) and protected by intellectual-property laws. These Terms grant you no rights in our trademarks or branding. TrackMan and other third-party names are trademarks of their respective owners and are used only to identify interoperability.

11. Third-Party Services

MotionEdge relies on third-party services including Apple (App Store, iCloud, HealthKit, and related frameworks), analytics providers, optional integrations such as TrackMan (subject to TrackMan's availability and terms), and third-party AI providers that process swing data for AI coaching. We may change AI providers over time. Your use of those services is subject to their terms. We are not responsible for third-party services, their availability, or their content.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP AND SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. We do not warrant that analysis or AI feedback will be accurate, that the App will be uninterrupted or error-free, or that it will improve your performance. Some jurisdictions do not allow the exclusion of certain warranties; in those places, the exclusions apply only to the extent permitted.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOTIONEDGE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM YOUR USE OF THE APP OR SITE — INCLUDING RELIANCE ON ANALYSIS OR AI FEEDBACK, OR INJURY DURING TRAINING TO THE EXTENT SUCH LIMITATION IS ALLOWED. Our total liability for any claim will not exceed the greater of the amount you paid us (through Apple) for MotionEdge in the 12 months before the claim or USD $50.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence where such exclusion is not permitted, for fraud or fraudulent misrepresentation, for gross negligence or willful misconduct, or for any other liability that cannot be limited under applicable law. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

14. Indemnification

To the maximum extent permitted by law, you will defend and indemnify MotionEdge and its officers, directors, employees, and agents against claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) Your Content; (b) your misuse of the App or Site; (c) your violation of these Terms or applicable law; or (d) your infringement of another person's rights.

15. Termination

You may stop using MotionEdge at any time. Stopping use or deleting the App does not cancel an active Apple subscription — cancel through your Apple ID settings. We may suspend or terminate access to features we control (including AI Coach and related services) if you violate these Terms, abuse the service, or create legal or security risk.

On termination, your license ends. Your local and iCloud data remain under your control as described in the Privacy Policy. Sections that by their nature should survive — including ownership, licenses you granted to us for feedback, disclaimers, limitation of liability, indemnification, dispute resolution, and general terms — survive.

16. Changes to These Terms

We may update these Terms as the product evolves. We will update the “Last updated” date. For material changes, we will provide reasonable notice (for example, via the Site, in-app notice, or App Store release notes). Continued use after changes take effect constitutes acceptance. If you do not agree, stop using the App and cancel any subscription through Apple.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-law rules, except that mandatory consumer protection laws of your place of residence continue to apply where they cannot be waived.

Informal resolution. Before filing a claim, you agree to try to resolve the dispute informally by emailing support@motionedge.ai with a brief description of the issue. If we cannot resolve it within 30 days, either party may proceed as below.

Arbitration. Except as stated below, any dispute arising out of or relating to these Terms or your use of MotionEdge will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or Commercial Rules if Consumer Rules do not apply), seated in Salt Lake County, Utah. Judgment on the award may be entered in any court of competent jurisdiction. Either party may seek injunctive or other equitable relief in court to protect intellectual property rights without first arbitrating. Nothing here prevents either party from bringing a qualifying claim in small-claims court.

Class action waiver. You and MotionEdge waive the right to a jury trial and the right to participate in a class, collective, or representative action — disputes must be brought on an individual basis, to the maximum extent permitted by law.

Opt-out. You may opt out of arbitration by emailing support@motionedge.ai within 30 days of first accepting these Terms, with your name and a clear statement that you opt out of arbitration. If you opt out, or if arbitration is found unenforceable as to you, disputes will be resolved in the state or federal courts located in Salt Lake County, Utah, and you consent to that venue, subject to mandatory consumer venue rights elsewhere.

18. General

These Terms, together with the Privacy Policy and (as applicable) the Apple Standard EULA, are the entire agreement between you and us regarding MotionEdge and supersede prior agreements on that subject. If there is a conflict among them: the Apple Standard EULA controls pure App-binary licensing conflicts; the Privacy Policy controls personal-data practices; these Terms control everything else to the extent permitted by law.

If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or successor in connection with a merger, acquisition, or sale of assets. Notices may be provided electronically (email, in-app, or Site posting). Section headings are for convenience only.

19. Contact

Questions, complaints, or claims about the App or these Terms should be directed to:

D K Land and Cattle, L.C. d/b/a MotionEdge
10918 N 5250 W
Highland, UT 84003
United States
Email: support@motionedge.ai