Terms of service

1. Acceptance of Terms

These Terms of Service ("Terms") are an agreement between you and Occam Golf Inc., a company incorporated in British Columbia, Canada ("Occam Golf," "we," "us," or "our").

By creating an account as a Golf Professional, Academy, or Facility (collectively, "Tenants") or by using the platform as a Golfer ("End User"), you agree to be bound by these Terms. If you do not agree, you may not use the Occam Golf platform.

Occam Golf reserves the right to update these Terms at any time. We will notify Tenants of material changes via email or an in-platform notice at least thirty (30) days before the changes take effect. Continued use of the platform after the effective date constitutes acceptance of the updated Terms.

2. Description of Service

Occam Golf provides a multi-tenant software-as-a-service (SaaS) platform designed to facilitate:

• Lesson, range session, class, clinic, and facility booking and scheduling.
• One-time and recurring transaction processing.
• Membership and subscription management with automated billing.
• Package management and allotment tracking.
• Client management, progress tracking, and coaching tools.
• Email marketing and campaign management.
• Analytics, reporting, and utilization dashboards.
• AI-powered assistive features ("Caddie" for End Users and "Marshal" for Tenants), as described in Section 11.

3. Account Registration

Eligibility: You must be at least 18 years of age to create a Tenant account. End Users under 18 may use the platform with the consent of a parent or legal guardian.

Account Security: You are responsible for maintaining the confidentiality of your account credentials. You agree to notify Occam Golf immediately of any unauthorized use of your account. Occam Golf is not liable for losses arising from unauthorized access to your account where you have failed to safeguard your credentials.

Accuracy: You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

4. Tenant Accounts & Stripe Integration

Stripe Connected Account: Occam Golf uses Stripe to process payments. To receive payouts, Tenants must create and maintain a Stripe Connected Account. You agree to provide accurate identity and banking information directly to Stripe. All payment card data is handled directly by Stripe, which is PCI DSS compliant. Occam Golf does not store, process, or transmit full payment card information.

Relationship: Payouts are governed by the Stripe Connected Account Agreement. Occam Golf is not responsible for payout delays caused by Stripe's verification processes or account holds.

5. Fees and Payment Terms

By using the platform, Tenants agree to the following fee structure:

Platform Subscription: A monthly fee for access to the Occam Golf software, billed to the Tenant's payment method on file. Current pricing is available at occam.golf/pricing.

Platform Service Fee: A platform service fee is applied to all financial transactions processed through the platform. This fee is charged to the End User at checkout and does not reduce the Tenant's payout. Transactions subject to this fee include, but are not limited to:

• Individual lesson and session bookings.
• One-time clinic, class, or event registrations.
• Package purchases.
• Initial and all subsequent recurring membership and subscription dues.

Payment Processing: Tenants receive 100% of their listed service price. Standard payment processing fees charged by Stripe are separate from the Occam Golf platform service fee and are governed by your Stripe Connected Account Agreement.

Fee Changes: Occam Golf reserves the right to modify its fee structure at any time. We will make reasonable efforts to notify Tenants of changes in advance. Continued use of the platform after a fee change takes effect constitutes acceptance of the new fees.

6. Membership & Subscription Management

Recurring Billing: Tenants are responsible for setting the terms of their own memberships. Occam Golf facilitates the automated billing of these memberships via Stripe.

Cancellations: Tenants are responsible for managing member cancellations and ensuring that End Users are not billed after a membership has been validly terminated.

7. Acceptable Use

You agree not to use the Occam Golf platform to:

• Violate any applicable law or regulation.
• Infringe on the intellectual property rights of others.
• Transmit malware, viruses, or other harmful code.
• Attempt to gain unauthorized access to other Tenant accounts, data, or the platform infrastructure.
• Use the platform for fraudulent transactions or money laundering.
• Circumvent or interfere with security features of the platform.
• Send unsolicited commercial communications (spam) through the platform's email marketing tools.
• Misrepresent your identity or affiliation with any person or entity.

Occam Golf reserves the right to suspend or terminate accounts that violate these usage policies without prior notice.

8. Data Isolation and Privacy

Multi-Tenancy: Occam Golf employs logical data isolation. While multiple Tenants use the same infrastructure, your business data and your End Users' data are isolated from other Tenants.

Usage of Data: Occam Golf does not sell your data. We use data solely to provide the service, facilitate transactions, and improve platform functionality. For full details, please refer to our Privacy Policy.

Data Security: We implement industry-standard encryption and security measures to protect your data. While no system can guarantee absolute security, we are committed to safeguarding your information.

9. Cancellations and Refunds

Booking Disputes: Disputes regarding bookings, lesson quality, or weather-related cancellations are strictly between the Tenant and the End User. Occam Golf is not a party to any transaction between Tenants and End Users.

Platform Fees: Monthly platform subscriptions and platform service fees paid to Occam Golf are non-refundable. If you cancel your subscription, access will continue until the end of the current billing period.

10. Intellectual Property

Occam Golf Property: The Occam Golf platform, including its software, design, logos, trademarks, and documentation, is the property of Occam Golf and is protected by intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any portion of the platform.

Tenant Content: Tenants retain ownership of all content they upload to or create within the platform, including business information, coaching materials, and client records. By uploading content, you grant Occam Golf a limited, non-exclusive license to store, display, and transmit that content solely for the purpose of providing the service.

Feedback: This provision concerns the platform itself, not your business. Any suggestions, ideas, or feedback you voluntarily provide about the Occam Golf platform, whether its features, design, or operation, may be used by Occam Golf without obligation or compensation to you. This does not affect your ownership of your own business data, content, processes, or client relationships, which remain yours as described above.

11. AI-Powered Features

Occam Golf offers AI-powered assistive features integrated into the platform:

Caddie (End User Assistant): An AI-powered assistant that helps End Users discover availability, book sessions, browse memberships, and manage their schedules. Caddie provides informational and transactional assistance based on the Tenant's configured offerings.

Marshal (Tenant Assistant): An AI-powered assistant that helps Tenants with operational insights, scheduling optimization, and administrative tasks. Marshal analyzes demand signals and provides actionable recommendations.

Human Oversight: Marshal requires explicit human approval before executing any changes to schedules, pricing, or account settings. AI-powered features are assistive in nature and do not replace human decision-making.

Limitations: AI-generated responses and recommendations are provided on an "as-is" basis. While we strive for accuracy, Occam Golf does not guarantee that AI outputs will be error-free or suitable for any particular purpose. Tenants remain responsible for reviewing and approving any actions suggested by AI features.

Data Usage: AI features process Tenant and End User data solely within the context of the respective Tenant's account. Data from one Tenant is never shared with or used to provide insights to another Tenant within the Occam Golf platform. AI features are powered by Google Cloud's Vertex AI (Gemini) large language models. Data transmitted to this provider is subject to its terms of service and data handling policies, under which prompt and response data is not used to train Google's foundation models. Occam Golf does not control how this provider processes, stores, or uses data once transmitted.

12. Service Availability

Occam Golf strives to maintain high availability of the platform but does not guarantee uninterrupted access. The platform may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to notify Tenants of planned maintenance in advance.

13. Indemnification

You agree to indemnify, defend, and hold harmless Occam Golf and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the platform; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of a third party; or (d) any content you upload to or transmit through the platform.

14. Limitation of Liability

To the maximum extent permitted by law, Occam Golf shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of data, or business interruption. Our total aggregate liability for any claim arising out of or relating to these Terms or the platform shall not exceed the total amount of fees paid by the Tenant to Occam Golf during the twelve (12) months immediately preceding the event giving rise to the claim.

15. Disclaimer of Warranties

The Occam Golf platform is provided on an "as-is" and "as-available" basis. To the maximum extent permitted by law, Occam Golf disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Occam Golf does not warrant that the platform will be uninterrupted, error-free, or free of harmful components.

16. Termination

By Tenant: You may cancel your subscription at any time. Upon cancellation, your access will remain active until the end of the current billing cycle. Your data will be retained for thirty (30) days following the end of your billing cycle, after which it will be permanently deleted.

Data Export: During your active subscription and throughout the thirty (30) day retention window following cancellation, you may request an export of your business data, including client records, booking history, and membership records, in a common machine-readable format. Contact [email protected] to request an export before your data is permanently deleted.

By Occam Golf: We reserve the right to suspend or terminate accounts for non-payment, violation of these Terms, fraudulent activity, or any action that threatens the security or integrity of the multi-tenant environment. In cases of immediate security threats, suspension may occur without prior notice.

Effect of Termination: Upon termination, your right to access the platform ceases. Sections 10 (Intellectual Property), 13 (Indemnification), 14 (Limitation of Liability), 15 (Disclaimer of Warranties), and 18 (Governing Law) shall survive termination.

17. Dispute Resolution

Informal Resolution: Before filing any formal proceeding, you agree to attempt to resolve any dispute informally by contacting [email protected]. We will attempt to resolve the dispute within thirty (30) days.

Arbitration: If a dispute cannot be resolved informally, you agree that any claim or controversy arising out of or relating to these Terms shall be resolved by binding arbitration, rather than in court, except that either party may seek injunctive relief in court for intellectual property disputes. Arbitration shall be conducted on an individual basis; class actions and class arbitrations are not permitted.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. The courts of British Columbia shall have jurisdiction over any dispute not subject to arbitration under Section 17.

19. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Occam Golf regarding the use of the platform.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Assignment: You may not assign or transfer your rights under these Terms without the prior written consent of Occam Golf. Occam Golf may assign its rights and obligations without restriction.

20. Contact Information

These Terms are entered into with Occam Golf Inc., British Columbia, Canada. For questions regarding these Terms, please contact [email protected].