Terms of Service

The agreement between you and TheLAB.

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

Plain-English summary. By using TheLAB you agree to these Terms. We provide a golf-coaching app. You're responsible for your account. We make no medical claims. If you're in the US, disputes go to arbitration. Under-18s need a parent's permission. 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 LAB-B (Sebastian Burges), Wettmarser Weg 14, 59846 Sundern, Germany ("LAB-B", "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

You must be at least 13 years old (USA) or 16 years old (EU/EEA) to use the Service.
If you are between 13/16 and 18, you must have parental or legal guardian consent.
You may not use the Service if you are barred from doing so under applicable law (e.g., sanctioned individuals, regions under embargo).
One account per person. No automated, bulk, or shared accounts.

3. Account & security

You are responsible for keeping your login credentials confidential.
You are responsible for all activity under your account.
Notify us immediately at info@customgolflab.de if you suspect unauthorized access.
We may suspend or terminate accounts that violate these Terms.

4. Acceptable use

You may not, and will not allow others to:

Reverse engineer, decompile, or attempt to extract source code of the Service
Scrape, harvest, or mass-collect data from the Service
Use the Service to harass, defame, or violate the rights of others
Upload content that is unlawful, infringing, or harmful (e.g., malware, fraudulent data)
Bypass rate limits, security measures, or access controls
Resell, sublicense, or commercially exploit the Service without our prior written consent
Use the Service to build a competing product

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.

6. Subscriptions & payments

During the Beta phase, the Service is free. After launch (currently planned July 2026), some features may require a paid subscription. Pricing, billing terms, and refund policies will be presented before any charge. Founding-member pricing locks in for users who joined during Beta, as offered.

Payments are processed by Apple App Store, Google Play, or Stripe (planned). Their payment terms apply in addition to ours.

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.

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including (to the maximum extent permitted by law) merchantability, fitness for a particular purpose, accuracy, non-infringement, or uninterrupted availability.

Course geometry data (provided by third parties) may contain errors. GPS distances are approximate. Weather data is estimated. Use at your own discretion — we do not guarantee score improvements or accuracy on the course.

8. Limitation of liability

To the maximum extent permitted by law:

Our total liability arising from your use of the Service is limited to the amount you paid us in the 12 months preceding the event giving rise to liability, or USD 100, whichever is greater.
We are not liable for indirect, incidental, special, consequential, or punitive damages — including lost profits, lost data, or business interruption — even if advised of the possibility.
This limitation does not apply where prohibited (e.g., gross negligence, willful misconduct, statutory consumer protections that cannot be waived).

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

9. Indemnification

You agree to indemnify and hold harmless LAB-B, its founders, and affiliates from claims, damages, and expenses arising from your User Content, your violation of these Terms, or your violation of applicable law.

10. Termination

You can terminate your account anytime via the app or by emailing info@customgolflab.de.
We may terminate or suspend access immediately for material violations.
On termination: your access ends, paid subscriptions are pro-rata refunded if applicable, your data is deleted per the Privacy Policy.

11. Governing law & dispute resolution

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

These Terms are governed by German law (excluding conflict-of-laws rules). The UN Convention on Contracts for the International Sale of Goods does not apply. Disputes may be brought before the courts of Sundern, Germany, except where mandatory consumer-protection law of your country of residence provides otherwise. EU consumers may also use the EU Online Dispute Resolution platform: ec.europa.eu/consumers/odr

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). Most disputes will be resolved by binding arbitration, not in court.

Informal resolution first: before filing arbitration, contact info@customgolflab.de. We will try to resolve in good faith within 60 days.
Arbitration: if not resolved, disputes will be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration takes place in Delaware (or virtually, by mutual agreement). The arbitrator's decision is final.
Class-action waiver: you and LAB-B agree to bring claims only in your individual capacity. No class actions, no class arbitrations, no consolidated proceedings.
Small-claims exception: either party may bring claims in small-claims court if eligible.
30-day opt-out: you may opt out of this arbitration agreement by emailing us within 30 days of first accepting these Terms with subject "Arbitration Opt-Out".
Carve-outs: intellectual-property disputes and injunctive relief may be brought in court.

11.3 Other regions

Unless mandatory local law requires otherwise, German law and the venue of Sundern apply.

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. 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.

13. Miscellaneous

Entire agreement: these Terms (with the Privacy Policy) form the complete agreement between you and LAB-B regarding the Service.
Severability: if any provision is unenforceable, the rest stays in effect.
No waiver: our failure to enforce a right doesn't waive it.
Assignment: you may not assign these Terms without our consent. We may assign as part of a merger, acquisition, or sale of assets.
Force majeure: neither party is liable for delays caused by events beyond reasonable control.
Headings: for convenience only, not legally operative.

14. Contact

Questions about these Terms:

LAB-B (Sebastian Burges)
Wettmarser Weg 14
59846 Sundern, Germany
Email: info@customgolflab.de