Terms of Service

The agreement between you and TheLAB.

Effective: April 29, 2026 · Last updated: October 22, 2026

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Plain-English summary. By using TheLAB you agree to these Terms. You must be at least 16. We provide a golf-coaching app. You're responsible for your account and for the accuracy of what you tell us. We make no medical claims. You can try TheLAB as a guest without an account; with an account, the first 7 days are free (welcome week), with no subscription and nothing that renews. Pro is a subscription sold through the App Store or Google Play that renews automatically until you cancel it in your store account. The mandatory consumer rights of the country where you live always apply. If you live in the United States, most disputes go to individual arbitration; this does not apply if you live anywhere else. We can update these Terms — material changes get notice.

1. Acceptance of Terms

These Terms of Service ("Terms") form a binding agreement between you ("User", "you") and Sebastian Burges, Custom Golf Lab, Wettmarser Weg 14, 59846 Sundern, Germany ("Custom Golf Lab", "we", "us", "our") regarding your use of TheLAB application, website, and related services (collectively, the "Service").

By creating an account, downloading the app, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility

2.1 Age verification in certain U.S. states

Some U.S. states, currently Texas, Utah and Louisiana, require app stores and apps to verify a user's age. If you live in one of these states, the App Store or Google Play may ask you to confirm your age or age range, and if you are a minor under the law of your state (in Texas: under 18), a parent or guardian may have to approve the download or purchase through the store. The store then gives us an age range and, where applicable, the status of that parental approval through its age interfaces (on iOS the Declared Age Range interface, on Android Play Age Signals). We do not receive your date of birth from the store. We use this information only to comply with these laws and to apply the age limits in this section.

3. Account & security

4. Acceptable use

You may not, and will not allow others to:

5. Your content

"User Content" means anything you upload — including swing videos, photos, scores, notes, and feedback.

5.1 Ownership

You retain all rights to your User Content. We do not claim ownership.

5.2 License you grant us

To operate the Service for you, you grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display your User Content. This license ends when you delete the content or your account, except where retention is legally required.

5.3 AI training (opt-in only)

If, and only if, you grant explicit consent in the app settings, we may use anonymized swing data to train and improve our AI models. You can withdraw consent anytime. Withdrawing stops new training but does not retroactively remove your contributions from already-trained models.

5.4 Feedback

If you send us suggestions, ideas, or feature requests, we may use them without obligation or compensation to you.

5.5 Uploaded content and handling of illegal content

(1) Videos and other content you upload are not published, not listed and not shown to other users. They are stored with our hosting provider under a non-public address that contains a random account identifier; we are moving this storage to access-controlled, time-limited links. The owner of Custom Golf Lab may view individual items for troubleshooting and quality assurance. How we process swing videos, including the body points derived from them, is described in our Privacy Policy and our Biometric Data Policy.

(2) You must not upload content that violates applicable law or the rights of others, in particular copyright, personality and privacy rights. Only film other people with their consent.

(3) We do not generally monitor content and do not use automated moderation. Anyone can report illegal content using our reporting form. We review reports promptly, carefully and objectively, and a person makes every decision.

(4) If content is illegal or violates these Terms, we may remove it or disable access to it. In case of repeated or serious violations, we may suspend or terminate your account.

(5) We will notify you of any such action by email with a statement of reasons. It will state the action taken, the facts relied on, the legal ground or the provision of these Terms violated, and your right to seek judicial redress. You may also contact us at any time at info@customgolflab.de to ask us to review the decision.

5.6 Copyright complaints (DMCA)

We respond to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512). To submit a notice, use our reporting form (choose "Copyright infringement") or send it to our designated agent:

Sebastian Burges, Designated Copyright Agent
Wettmarser Weg 14, 59846 Sundern, Germany
Phone: +49 15569286056
Email: info@customgolflab.de

A notice must include: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the material you claim is infringing and information sufficient for us to locate it; (d) your address, phone number and email address; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on its behalf.

Counter-notice. If your content was removed and you believe this was a mistake or misidentification, you may send a counter-notice to the agent above containing your signature, identification of the removed material and where it appeared, a statement under penalty of perjury that you have a good-faith belief it was removed by mistake or misidentification, your name, address and phone number, and your consent to the jurisdiction of the U.S. federal district court for your address (or, if you are outside the United States, any judicial district in which we may be found) and to accept service from the person who sent the original notice. We will restore the material 10 to 14 business days after receiving a valid counter-notice unless the complainant tells us it has filed a court action.

Repeat infringers. We terminate, in appropriate circumstances, the accounts of users who repeatedly infringe copyrights. Knowingly false notices or counter-notices may make you liable for damages (17 U.S.C. § 512(f)).

6. Subscriptions & payments

Without an account (guest): You can try the Service without an account. You enter a first name and accept these Terms. As a guest, one round, 5 quick analyses, 2 detailed analyses and 5 questions to Hosel are free. You can only subscribe with an account. If you create an account, your data is kept.

Welcome week: From your first sign-in with an account, you can use all features free of charge for 7 days, including up to 5 detailed analyses and 10 questions to Hosel. The welcome week is available once per account. It is not a subscription trial: it ends on its own, costs nothing and nothing renews.

Free scope afterwards: After the welcome week, 3 rounds are free without a subscription (map, distances to the green, shots, scorecard and the watch); a round counts once a hole has been entered. Hosel answers 10 more questions without a subscription. All other features and further rounds require a Pro subscription. Your data is kept and stays visible. Custom Golf Lab reserves the right to change the scope and conditions of the free offering in the future; anything already used is unaffected.

Pro subscription: Pro is available as a monthly or an annual subscription. The price in your local currency, including any applicable taxes, the billing period and the store's billing and refund terms are shown in the App Store or Google Play before you pay anything. In the United States, Pro costs USD 8.99 per month or USD 69.99 per year, plus any sales tax the store charges.

6.1 Where you subscribe

Pro is sold exclusively through the Apple App Store (iOS) and Google Play (Android). The respective store is the seller of record: it processes payment, billing, and refunds under its own terms, which apply in addition to ours. We do not currently offer purchases outside these stores — there is no web checkout on customgolflab.de.

6.2 Free trials offered by the stores

If a store offers a free trial when you subscribe, it shows you the length of the trial and the price and billing period of the subscription in its purchase dialog before the trial starts. The trial is free if you cancel at least 24 hours before it ends. Unless cancelled, it converts automatically into the paid subscription you selected, and the first payment is charged at the end of the trial. A free trial is available once per store account; because the monthly and annual subscriptions belong to the same subscription group, you can use a trial only once, not once per subscription.

6.3 Automatic renewal

Monthly and annual subscriptions renew automatically for the same period at the then-current price unless cancelled at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period. If the price changes, the store informs you in advance and, where its rules or the law require it, asks for your consent before charging the new price.

6.4 How to cancel

You can cancel at any time in the subscription settings of your store account. Cancelling takes only a few taps and costs nothing:

Cancellation takes effect at the end of the current billing period (or trial); you keep Pro access until then. Depending on the store's rules, cancelling during a free trial may end trial access right away; you are not charged in that case. Deleting the app or your account does not cancel a store subscription.

6.5 Refunds

Refunds are processed by the store under its policies (Apple: reportaproblem.apple.com; Google Play: Order history). This does not limit any right to a refund, repair, cancellation or compensation that you have under the consumer law of the country where you live, including statutory withdrawal rights and the consumer guarantees described in section 11. You can always contact us directly at info@customgolflab.de if the Service does not work as promised.

6.6 Right of withdrawal (consumers in the European Union, the EEA and the UK)

Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.

Where to send your withdrawal depends on where you subscribed:

To meet the withdrawal deadline, it is sufficient to send your notice before the withdrawal period expires.

Effects of withdrawal: If you withdraw from this contract, all payments received from you will be reimbursed without undue delay and no later than fourteen days from the day on which the notice of your withdrawal is received. The reimbursement is made using the same means of payment you used for the original transaction, at no cost to you. For subscriptions bought through the App Store or Google Play, the store makes the reimbursement.

Model withdrawal form (complete and return this form only if you wish to withdraw; using it is not required):
To Apple Distribution International Ltd., Apple Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, rightofwithdrawal@apple.com – or, for purchases on Android, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*): TheLAB Pro subscription · Ordered on (*) · Name of consumer(s) · Address of consumer(s) · Signature of consumer(s) (only if this form is notified on paper) · Date
(*) Delete as appropriate.

7. Disclaimers

No medical or fitness advice. TheLAB provides golf-related insights. We are not medical professionals. Golf involves physical activity that carries injury risk. Consult a doctor before starting or changing any exercise routine. Drills and recommendations are general guidance, not personalized medical or physical-therapy advice.
AI features. Swing analysis, coaching and the coach "Hosel" are powered by artificial intelligence. Hosel is an AI, not a person. Hosel is a golf coach: it talks about your game, training, the mental side of golf and golf in general — not about personal matters unrelated to golf. Results and answers may contain mistakes and do not replace a golf professional or medical, physical-therapy or mental-health advice. If you are in crisis, call or text 988 (Suicide and Crisis Lifeline) in the United States, or your local emergency number.

7.1 How Hosel responds to signs of crisis

If a message suggests thoughts of suicide or self-harm, Hosel stops coaching, responds with care, and points to immediate help: the 988 Suicide and Crisis Lifeline (call or text 988) in the United States, 911 in an emergency, and local services elsewhere (in Germany the Telefonseelsorge, 0800 111 0 111). Our server adds this referral even if the AI model leaves it out. Hosel never claims to be a human, never gives medical or therapeutic advice, and never encourages self-harm.

Safety on the course. Watch for other players, balls in flight, carts and traffic, and leave the course when there is lightning. Do not look at your phone or watch while others are swinging nearby. Distances, wind and course data are aids, not guarantees.

Course geometry data (provided by third parties) may contain errors. GPS distances are approximate. Weather data is estimated. AI results may contain mistakes. We do not promise that your scores will improve.

If you live in the United States: to the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, non-infringement, or uninterrupted availability.

If you live anywhere else: the statutory warranty and conformity rights, and the consumer guarantees, of the country where you live apply in full. Nothing in this section excludes or limits them (see sections 8 and 11).

8. Limitation of liability

8.1 If you live in the United States

To the maximum extent permitted by law:

Some states do not allow exclusions of certain warranties or limitations of liability. In those cases, the above applies only to the extent permitted.

8.2 If you live in the European Union, the EEA or the UK

We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under product liability law. For slight negligence we are liable only if we breach an obligation that is essential to the contract (an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely), and then only for the damage that is typical for the contract and foreseeable. Your statutory rights in case of defects are not affected.

8.3 If you live in Canada, Australia, New Zealand or another country

The limitations in section 8.1 apply to you only to the extent the law of the place where you live permits them. They do not exclude, restrict or modify any right or remedy you have under consumer protection law that cannot be excluded, including the rights described in sections 11.3 to 11.6, and they do not limit our liability for our own intentional or grossly negligent acts, or for death or personal injury caused by our negligence.

9. Indemnification

If you live in the United States: you agree to defend, indemnify and hold harmless Custom Golf Lab, its founders, and affiliates from claims, damages, and expenses (including reasonable legal fees) arising from your User Content, your violation of these Terms, or your violation of applicable law. We may, at your expense, assume the exclusive defense and control of any matter for which you must indemnify us; you agree to cooperate with our defense.

If you live anywhere else: you are responsible for loss caused to us or to third parties by content you upload or by your breach of these Terms or of the law only where you are at fault, and only to the extent the law of the country where you live allows. You are not required to take over our defense.

10. Termination

11. Governing law & dispute resolution

Which rules apply depends on where you live. Whatever law these Terms choose, it never deprives you of the protection of the mandatory consumer-protection law of the country (or state, province or territory) where you have your habitual residence. The arbitration agreement and the class-action waiver in section 11.2 apply only if you live in the United States. They do not apply if you live in the European Union, the EEA, the UK, Canada (including Québec), Australia, New Zealand or any other country.

11.1 If you reside in the European Union, EEA, or UK

These Terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law applies only insofar as it does not deprive you of the protection granted by the mandatory provisions of the law of the country in which you have your habitual residence; those provisions remain unaffected. As a consumer, you may bring proceedings against us before the courts of your country of residence or before the courts of Sundern, Germany; we may bring proceedings against you only before the courts of your country of residence. We are neither obligated nor willing to participate in dispute-resolution proceedings before a consumer arbitration board.

11.2 If you reside in the United States

These Terms are governed by the laws of the State of Delaware (excluding conflict-of-laws rules), without prejudice to the consumer-protection laws of your state of residence that cannot be waived. Most disputes will be resolved by binding individual arbitration, not in court, and you and we each waive the right to a jury trial.

11.3 If you reside in Canada

These Terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods, without prejudice to the consumer-protection laws of your province or territory of residence that cannot be waived; those laws apply in full. There is no arbitration agreement and no class-action waiver for you: you may bring any claim before the courts of your province or territory of residence, individually or as part of a class action, and nothing in these Terms requires you to use arbitration.

11.4 If you reside in Québec

In addition to section 11.3:

11.5 If you reside in Australia

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. If a failure does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time; if this is not done, you are entitled to cancel the contract and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the service.

These guarantees apply even though these Terms choose German law. Nothing in these Terms — including sections 6.5, 7, 8 and 9 — excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified. You may bring proceedings before the courts and tribunals of your state or territory of residence. There is no arbitration agreement and no class-action waiver for you.

11.6 If you reside in New Zealand

If you use the Service as a consumer, nothing in these Terms limits or excludes your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, and we do not contract out of either Act. These rights apply even though these Terms choose German law. You may bring a claim before the courts of New Zealand or the Disputes Tribunal. There is no arbitration agreement and no class-action waiver for you.

11.7 Other regions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The mandatory consumer-protection law of the country where you live remains unaffected, and you may bring proceedings before the courts of your country of residence where that law allows it. There is no arbitration agreement and no class-action waiver for you.

12. Changes to these Terms

We may update these Terms. Material changes will be communicated by email or in-app notice at least 14 days before they take effect, and the app asks you to accept them. Continued use after the effective date means you accept the new Terms. If you don't accept, stop using the Service and delete your account. Changes to the dispute-resolution section follow the rule in section 11.2. If you live in Québec, section 12.1 applies instead of this paragraph.

12.1 If you reside in Québec

We may change only the following elements of these Terms unilaterally:

At least 30 days before a change takes effect, we send you a written notice by email, drawn up clearly and legibly, that sets out the new clause only, or the amended clause together with the clause as it read before, the date the change takes effect, and your rights described below. If the change increases your obligations or reduces ours, you may refuse it and cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the change takes effect, for example by email to info@customgolflab.de, and by cancelling your subscription in your store account.

13. Miscellaneous

14. Apple App Store terms (iOS)

If you obtained the app from the Apple App Store, the following terms also apply. In case of conflict with the rest of these Terms, this section prevails for your use on iOS.

14.1 Scope of license

You receive a limited, non-exclusive, non-transferable, non-sublicensable license to use the app on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The license does not allow use over a network that makes the app available to multiple devices at the same time.

14.2 Maintenance and support

Custom Golf Lab, not Apple, is solely responsible for providing maintenance and support for the app. Apple has no obligation whatsoever to furnish any maintenance or support services for the app.

14.3 Warranty

Custom Golf Lab, not Apple, is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.

14.4 Product claims

Custom Golf Lab, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and/or use of it, including: (a) product liability claims; (b) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

14.5 Intellectual property

In the event of any third-party claim that the app or your possession and use of it infringes that third party's intellectual property rights, Custom Golf Lab, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim.

14.6 Legal compliance

You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

14.7 Developer contact

Questions, complaints, or claims regarding the app: Sebastian Burges, Custom Golf Lab, Wettmarser Weg 14, 59846 Sundern, Germany · info@customgolflab.de

14.8 Third-party terms

When using the app, you must comply with applicable third-party terms of agreement (for example, your wireless data service agreement).

14.9 Third-party beneficiary

You and Custom Golf Lab acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, 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.

15. Contact

Questions about these Terms:

Sebastian Burges, Custom Golf Lab
Wettmarser Weg 14
59846 Sundern, Germany
Email: info@customgolflab.de