Terms of Service

1. The Service

Montelly is a video coaching platform that connects golf players with independent coaches for personalized swing analysis. The Service lets you choose a coach, pay the displayed price, submit a video of your swing, and receive a recorded analysis from the coach you selected.

We provide the platform, the payment processing and the file delivery. The coaching itself — the analysis, the notes and the drills — is provided by the coach and reflects that coach's professional opinion. Coaches are independent professionals and are not employees of Montelly.

2. Eligibility

You must be at least 16 years old to use the Service. If you are under 18, you confirm that your parent or legal guardian has read and accepted these Terms on your behalf and consents to your use of the Service. You agree to provide accurate, current account information and to keep it up to date.

3. Your account

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly of any unauthorized use. You may not share your account credentials or transfer your account to another person. We may suspend or terminate an account that we believe violates these Terms or applicable law.

4. Orders, payment and delivery

Each analysis is sold as a single purchase. The price displayed on the coach's profile at the time of checkout is the total amount payable in the currency shown. Payment is processed securely by our payment provider, Stripe. Applicable taxes, if any, are added or included as required by law.

After payment is confirmed, you will be invited to upload your swing video. The delivery time for your analysis is indicated on the coach's profile and starts once your video has been submitted. The analysis remains available in your account for as long as your account is active and the Service is offered.

5. Your content

You retain ownership of the videos you submit. By uploading a video, you grant Montelly Golf and the selected coach a limited license to view, analyze and record a voice-over on it, solely for the purpose of delivering your analysis. You confirm that you own the video or have the right to share it, and that it does not infringe anyone else's rights.

We do not use your swing videos to train automated models, and we do not share them with third parties except as described in our Privacy Policy.

6. Acceptable use

You agree not to misuse the Service. In particular, you will not:

• Submit content that is unlawful, harmful, threatening, defamatory, invasive of privacy, or that you do not have the right to share;
• Attempt to access another user's data, videos or analyses;
• Interfere with the security or operation of the platform, or attempt to reverse-engineer, decompile or disassemble it;
• Use any automated means (bots, scrapers) to access or collect data from the Service;
• Reproduce or redistribute a coach's analysis outside your own personal use;
• Use the Service in any manner that could damage, disable, or impair the Service.

7. Intellectual property

The Service — its name, logo, design, text and software — is owned by Montelly Golf and protected by U.S. and international intellectual property laws. The analysis videos and written notes delivered to you are provided for your personal use; you may not resell, redistribute or publicly broadcast them.

8. Copyright — DMCA notices

We respect the intellectual property rights of others and expect users to do the same. If you believe that content on the Service infringes a copyright that you own or control, you may submit a takedown notice under the Digital Millennium Copyright Act (DMCA) through the Contact page. A notice must include your contact information, identification of the copyrighted work claimed to be infringed, identification of the allegedly infringing material, a statement that you have a good-faith belief that the use is not authorized, and a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on the owner's behalf. We will respond to valid notices in accordance with applicable law.

9. Third-party services

The Service uses third-party services such as payment processing (Stripe) and video hosting. We are not responsible for the practices of these third parties, and their terms and privacy policies apply to your use of their services.

10. Disclaimer of warranties

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, Montelly disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Coaching advice is professional opinion, not a guarantee of result, and improvements to your game depend on many factors outside the scope of a single analysis. We do not warrant that the Service will be uninterrupted, error-free or secure.

11. Limitation of liability

To the maximum extent permitted by law, Montelly Golf's total liability for any claim arising from or relating to the Service is limited to the amount you paid to Montelly for the analysis that gave rise to the claim. In no event will Montelly be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits or data, whether based on warranty, contract, tort (including negligence) or any other legal theory.

12. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Montelly Golf and its affiliates, officers, employees and coaches from any claims, damages, losses and expenses (including reasonable attorneys' fees) arising out of your content, your use of the Service, or your violation of these Terms or any law.

13. Binding arbitration and class action waiver

Except for disputes that may be resolved in small-claims court, any dispute or claim arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered in accordance with the rules of the American Arbitration Association, rather than in court. The arbitration will be held in the State of Delaware. Judgment on the arbitration award may be entered in any court having jurisdiction.

You and Montelly agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any representative or class proceeding.

You may opt out of this arbitration agreement by sending a written notice to us through the Contact page within 30 days of first accepting these Terms.

14. Governing law and venue

These Terms and any dispute between you and Montelly are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The federal and state courts located in Delaware will be the exclusive venue for any matter not subject to arbitration under Section 13.

15. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date at the top reflects the most recent revision. If we make material changes, we will provide notice where appropriate. Your continued use of the Service after a change means you accept the updated Terms.

16. Contact

If you have any questions about these Terms, you can reach us through the Contact page of the Service.