PLEASE READ THESE TERMS CAREFULLY. BY USING THE SWING PULSE APP, YOU AGREE TO THESE TERMS IN THEIR ENTIRETY.
1. Acceptance and Scope
These Terms of Service ("Terms") govern your use of the Swing Pulse App ("App") operated by Par Breaker, LLC ("Par Breaker"). The App is the companion application for the Par Breaker Swing Pulse X10 launch monitor and provides shot data capture, swing video recording, performance analysis, club distance profiling, and simulator integration.
These Terms apply to all users of the App. By using the App, you represent that you are at least 13 years of age and agree to be bound by these Terms and our Privacy Policy.
2. Device Requirements and Compatibility
The Swing Pulse App is designed to work with the Par Breaker Swing Pulse X10 launch monitor device. Certain features require:
- A compatible iOS or Android device with Bluetooth capability
- An active internet connection for data sync, video upload, and cloud storage features
- Sufficient device storage for video capture and local session caching
- Camera permissions for swing video features
Par Breaker reserves the right to modify device and operating system compatibility requirements over time through App updates.
3. Account and Device Registration
You must create an account and register your Swing Pulse X10 device to access the App's full functionality. You agree to:
- Provide accurate registration information including device serial number
- Use your account solely for your own personal use
- Keep your credentials secure and confidential
- Notify Par Breaker promptly of any unauthorized account access
4. License Grant
Par Breaker grants you a limited, non-exclusive, non-transferable, revocable license to use the App on your personal mobile device solely for use with your registered Swing Pulse X10 device and for your personal, non-commercial golf improvement purposes. This license does not permit commercial use, redistribution, or use with third-party launch monitors.
5. Shot Data, Swing Video, and User Content
5.1 Ownership of Your Data
You retain ownership of your personal golf performance data, shot metrics, and swing videos captured through the App. Par Breaker does not claim ownership of your individual session data.
5.2 License to Your Data
By using the App, you grant Par Breaker a worldwide, royalty-free, perpetual license to use your data in aggregated, de-identified form for research, product development, algorithm improvement, and quality assurance. This license survives account termination. Par Breaker will not identify you personally in connection with this use.
5.3 Data Responsibility
You are responsible for ensuring that any video or data you capture does not violate applicable laws, including privacy laws regarding the recording of individuals. Par Breaker is not responsible for the legality of content you capture using the App.
6. Third-Party Simulator Integration
The App supports integration with third-party simulator software. When you use third-party simulator integrations:
- Your use is subject to the third party's terms of service and privacy policy
- Par Breaker is not responsible for third-party simulator performance, accuracy, or availability
- Par Breaker does not guarantee compatibility with all versions of third-party simulator software
- Fees charged by third-party simulators are your responsibility
7. Cloud Storage and Data Retention
The App includes cloud storage for session data and swing videos. Storage limits may apply based on account tier. Par Breaker reserves the right to modify storage limits with reasonable notice.
IMPORTANT: Upon account termination, Par Breaker has no obligation to store or make available your session data or swing videos. You should export or download any data you wish to retain before terminating your account. Data associated with terminated accounts will be deleted within 30 days of termination, except as required by law.
8. Prohibited Uses
You agree not to:
- Use the App with unauthorized or counterfeit Par Breaker devices
- Attempt to manipulate or falsify shot data or performance metrics
- Use the App in competitive or tournament settings where such use is prohibited by governing bodies
- Reverse engineer, decompile, or attempt to extract the source code of the App
- Resell, sublicense, or provide App access to third parties for commercial purposes
- Interfere with the App's connection to Par Breaker's servers or third-party integrations
9. Accuracy Disclaimer
Shot data, metrics, and measurements provided by the Swing Pulse App are generated by the Swing Pulse X10 device and are subject to device placement, environmental conditions, ball type, and calibration. Par Breaker makes no guarantee of absolute accuracy and recommends proper setup and calibration as described in the device documentation.
CLUB DISTANCE RECOMMENDATIONS AND MY BAG PROFILES ARE BASED ON MEASURED DATA AND ARE PROVIDED FOR INFORMATIONAL AND IMPROVEMENT PURPOSES ONLY. PAR BREAKER IS NOT RESPONSIBLE FOR CLUB SELECTION DECISIONS MADE BASED ON APP DATA.
10. Disclaimer of Warranties
THE APP AND ALL RELATED SERVICES ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. PAR BREAKER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PAR BREAKER DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DATA WILL BE RETAINED INDEFINITELY.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAR BREAKER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE APP OR LOSS OF DATA. PAR BREAKER'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO PAR BREAKER IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
12. Indemnification
You agree to indemnify and hold harmless Par Breaker from any claims, losses, or expenses arising from your use of the App, violation of these Terms, or infringement of any third-party rights.
13. Termination
Par Breaker may terminate your account and App access for violation of these Terms. You may terminate at any time by contacting support@parbreaker.com. Following termination, Par Breaker has no obligation to retain your data as described in Section 7.
14. Governing Law
These Terms are governed by the laws of the State of Kansas, United States. Disputes shall be resolved in the courts of Johnson County, Kansas. CLASS ACTION WAIVER: You agree that all disputes will be resolved on an individual basis only.
15. Contact
Par Breaker, LLC
10817 Renner Blvd, Lenexa, KS 66219, USA
Email: legal@parbreaker.com
Support: support@parbreaker.com
Website: parbreaker.com