Terms of Service

1. Acceptance of Terms

By accessing and using the FairwayFirst service (the "Service"), you accept and agree to be bound by the terms and conditions outlined in this Terms of Service agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service are entered into between you ("User," "you," or "your") and FairwayFirst ("we," "us," "our," or "Company"). Any reference to "Site" shall include our website at fairwayfirst.netlify.app and all associated applications and services.

2. Description of Service

FairwayFirst is an AI-powered automated golf tee-time booking service. We provide:

• Managed Service: Our automation agents search for and book premium tee times on your behalf across ForeUp, Chronogolf, Jonas, ClubEssential, Lightspeed Golf, and other major golf course booking platforms
• Bounty Program: A pay-per-success model where we earn a $5 commission only when we secure a tee time on your behalf
• Course Database: Access to 400+ verified golf courses across the United States
• Automation Logs: Email confirmations and tracking of all booking activity

The Service is provided on an "as-is" basis. We cannot guarantee availability of specific tee times, as availability depends on factors outside our control, including course inventory, platform downtime, and booking platform restrictions.

3. Account Creation & Credentials

3.1 Account Eligibility

• You must be 18 years of age or older to use FairwayFirst
• You are responsible for providing accurate account information
• You agree not to use the Service for unlawful purposes

3.2 Golf Club Credentials

You are solely responsible for the accuracy and security of your golf club credentials. By providing usernames and passwords to FairwayFirst, you acknowledge that:

• These credentials are legitimate and owned by you
• You have authority to use these credentials for automated booking
• You authorize FairwayFirst agents to use these credentials only for searching and booking tee times on your behalf
• You will maintain the confidentiality of your credentials and notify us immediately if you believe they have been compromised

3.3 Account Termination by User

You may terminate your account at any time by contacting charstractrading@gmail.com. Upon termination, all your encrypted credentials will be permanently deleted from our systems within 30 days.

4. Payment Terms

4.1 Managed Service ($15/Month)

• Price: $15 USD per month
• Billing Cycle: Monthly, charged on the same date each month
• Auto-Renewal: Your subscription auto-renews each month unless canceled
• Payment Method: Charged via Stripe to the payment method you provide at signup
• Scope: Unlimited tee-time searches and bookings during your subscription period

4.2 Bounty Program ($5 per Successful Booking)

• Price: $5 USD per confirmed tee time booking
• Billing: You are charged only when we successfully book a tee time on your behalf
• Payment Method: Charged via Stripe, itemized in your monthly invoice
• No Guarantee: We do not guarantee success or frequency of bookings. If no tee times are secured in a given month, you are not charged.

4.3 Stripe Payment Processing

• All payments are processed through Stripe, a PCI-DSS Level 1 certified payment processor
• FairwayFirst does not store your full payment card details; Stripe handles all payment security
• Your payment information is subject to Stripe's Terms of Service and Privacy Policy
• Billing statements will appear on your credit card as "FairwayFirst" or similar merchant descriptor

4.4 Failed Payments

If a monthly subscription payment fails due to insufficient funds or invalid payment method, we will attempt to retry the charge within 3 business days. If the retry fails, your account will be suspended until payment is received. No bookings will be made while your account is suspended.

4.5 Billing Disputes

If you dispute a charge, contact Stripe support directly at stripe.com/contact. Do not stop payment without contacting us first, as this may result in service suspension.

5. Cancellation & Refund Policy

5.1 Managed Service Cancellation

You may cancel your $15/month Managed Service subscription at any time with no penalty. To cancel, email charstractrading@gmail.com with the subject "Cancel Subscription." Your cancellation is effective at the end of your current billing cycle, and no further charges will be incurred.

5.2 Refund Policy

• Monthly Subscriptions: No refunds are issued for completed subscription periods. Cancellations take effect at the end of your current billing cycle.
• Bounty Payments: No refunds are issued for completed bookings ($5 per booking). Once a tee time is confirmed, payment is final.
• Exceptions: We may issue refunds or credits in cases of:
  • Billing errors (double charges, incorrect amounts)
  • Failed bookings due to system errors (not user error or course unavailability)
  • Service outages exceeding 48 hours

5.3 Bounty Program Cancellation

The Bounty Program has no minimum commitment. You pay only for successful bookings. If you wish to discontinue, simply don't use our service; no cancellation is required.

6. Acceptable Use Policy

You agree NOT to use FairwayFirst for:

• Unauthorized access to golf course booking systems or other platforms
• Fraud, misrepresentation, or deception
• Violating any golf course's terms of service or booking rules
• Booking tee times you do not intend to play
• Excessive or abusive use that disrupts the service for other users
• Reselling or transferring booked tee times for profit
• Attempting to reverse-engineer or hack our automation agents
• Using credentials belonging to other people without their permission
• Any illegal activity or violation of local, state, or federal laws

Violation of this policy will result in immediate account suspension and possible legal action.

7. User Responsibilities

• You are responsible for maintaining the accuracy of your account information
• You must notify us immediately if you believe your credentials have been compromised
• You agree that you will not hold FairwayFirst liable for tee times you book but cannot keep
• You are responsible for canceling tee times directly with the golf course if you cannot attend
• You acknowledge that booking through FairwayFirst does not guarantee course membership or special privileges
• You agree to comply with all golf course rules, dress codes, and policies

8. Disclaimer of Warranties

8.1 "As-Is" Service

FairwayFirst is provided "as-is" and "as-available" without any warranties, express or implied. We make no guarantees regarding:

• Availability: We cannot guarantee tee-time availability, as this depends on course inventory and booking platform data
• Success Rate: We do not guarantee our agents will book tee times in any specific timeframe
• Platform Compliance: Golf course platforms may change their policies or block automated booking requests; we are not liable for such restrictions
• Uptime: While we strive for 99% uptime, we cannot guarantee the Service will never be unavailable
• Data Loss: Although we use secure encryption, we cannot guarantee zero data loss in all scenarios

8.2 Third-Party Platforms

FairwayFirst is not affiliated with ForeUp, Chronogolf, Jonas, ClubEssential, Lightspeed Golf, Stripe, or any golf course. We are not responsible for their policies, availability, or actions. Any disputes with these platforms must be resolved directly with them.

9. Limitation of Liability

9.1 Cap on Damages

To the fullest extent permitted by law, FairwayFirst's total liability to you shall not exceed the amount you have paid us in the 12 months preceding the claim.

9.2 Excluded Damages

In no event shall FairwayFirst be liable for:

• Indirect, incidental, or consequential damages
• Lost profits, revenue, or business opportunities
• Loss of use, data, or enjoyment
• Damages arising from inability to play a booked tee time (weather, illness, work conflicts, etc.)
• Any damages arising from third-party platforms (golf courses, payment processors)

9.3 Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of God, government actions, or platform unavailability.

10. Indemnification

You agree to indemnify, defend, and hold harmless FairwayFirst from any claims, damages, losses, liabilities, or expenses (including attorney fees) arising from:

• Your violation of these Terms of Service
• Your use of the Service in violation of any law or third-party right
• Your breach of golf course policies or booking platform terms
• Your misuse of credentials or account information

11. Governing Law & Jurisdiction

These Terms of Service are governed by the laws of the State of Florida, United States, without regard to its conflict of law principles. Any legal action or proceeding relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Florida. You agree to submit to the personal jurisdiction of such courts and consent to service of process in accordance with Florida law.

12. Changes to These Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to the Site. Your continued use of FairwayFirst after changes constitutes acceptance of the modified terms. We will notify you of material changes by email or prominent notice on our website at least 30 days before the change becomes effective.

13. Severability

If any portion of these Terms of Service is found to be unenforceable by a court of competent jurisdiction, the unenforceable portion shall be severed, and the remaining portions shall continue in full force and effect.

14. Entire Agreement

These Terms of Service, along with our Privacy Policy and any other terms we post on the Site, constitute the entire agreement between you and FairwayFirst regarding the Service and supersede all prior agreements, understandings, and communications.

15. Contact Information

These Terms of Service are effective as of April 23, 2026. By using FairwayFirst, you acknowledge that you have read, understood, and agree to be bound by all terms herein.