Coach by ATX

Legal

Terms of Service

Last updated: January 15, 2026

These Terms of Service ("Terms") are a binding agreement between you and ATX Golf Performance ("Company," "we," "us," or "our") and govern your access to and use of the Coach by ATX iPhone application, the coachbyatx.com website, and any related services (collectively, the "Service"). By downloading, installing, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Section 13 contains a binding arbitration agreement and class action waiver that affect your legal rights. Please read it carefully.

1. Eligibility

You must be at least 13 years old to use the Service. If you are under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. The Service is not directed to children under 13.

2. Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information and to promptly update it as needed. We may suspend or terminate accounts that we reasonably believe are inaccurate, fraudulent, or in violation of these Terms.

3. License to the Service

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Service on Apple-branded devices you own or control, solely for your personal, non-commercial use.

4. Subscriptions and Apple In-App Purchases

Paid features of the Service are offered through Apple's In-App Purchase system. When you purchase a subscription:

  • Payment will be charged to your Apple ID account at confirmation of purchase.
  • Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period.
  • Your account will be charged for renewal within 24 hours prior to the end of the current period at the then- current subscription price.
  • You can manage and cancel your subscription by going to your Apple ID account settings on your device after purchase.
  • Any unused portion of a free trial period will be forfeited when you purchase a subscription.
  • Refunds, when applicable, are handled by Apple in accordance with Apple's policies. We do not process refunds for purchases made through the App Store.
  • We may change subscription prices from time to time. Price changes will take effect at the start of the next subscription period following the date of the price change and, where required by law, you will be notified in advance.

5. Acceptable Use

You agree not to, and not to attempt to:

  • Reverse engineer, decompile, or disassemble the Service.
  • Scrape, harvest, or extract data from the Service by automated means.
  • Resell, sublicense, rent, or otherwise commercially exploit the Service.
  • Upload or transmit any content that is unlawful, harassing, defamatory, infringing, or otherwise objectionable.
  • Interfere with, disrupt, or attempt to gain unauthorized access to the Service or related systems.
  • Use the Service to violate any applicable law or regulation.

6. User Content

You retain ownership of the round data, notes, and other content you submit to the Service ("User Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, create derivative works of, and display your User Content solely to operate, improve, and provide the Service to you. You represent that you have all rights necessary to grant this license.

7. Third-Party Services

The Service integrates with third-party services, including Apple (for account, in-app purchases, and push notifications) and analytics and crash-reporting providers. Your use of those services is governed by their own terms and privacy policies. We are not responsible for the content, policies, or practices of any third-party service.

8. Coaching and Informational Content

The Service provides statistics, benchmarks, and coaching suggestions for informational and entertainment purposes only. It is not a substitute for professional instruction, medical, fitness, or other professional advice. You are solely responsible for your decisions about your performance, practice, and physical activity.

9. Intellectual Property

The Service, including all software, content, trademarks, logos, and design elements (other than User Content), is owned by ATX Golf Performance or its licensors and is protected by intellectual property laws. Except for the limited license granted above, we reserve all rights.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT STATISTICS, BENCHMARKS, OR RECOMMENDATIONS WILL BE ACCURATE OR RELIABLE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATX GOLF PERFORMANCE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US THROUGH APPLE FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

12. Indemnification

You agree to defend, indemnify, and hold harmless ATX Golf Performance and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with (a) your access to or use of the Service, (b) your User Content, or (c) your violation of these Terms or applicable law.

13. Governing Law, Arbitration, and Class Action Waiver

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will take place in Travis County, Texas, or, at your election, by telephone or video conference. Judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

30-Day Opt-Out. You may opt out of this arbitration agreement by sending written notice to info@atxgolfperformance.com within 30 days of first accepting these Terms, stating your name, the email associated with your account, and your intent to opt out. If you opt out, disputes will be resolved in the state or federal courts located in Travis County, Texas, and each party consents to personal jurisdiction and venue there.

Notwithstanding the foregoing, either party may bring an individual action in small-claims court, and either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights.

14. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms. You may stop using the Service at any time. Sections 6, 9, 10, 11, 12, 13, and 16 survive termination.

15. Apple-Specific Terms

You acknowledge and agree that these Terms are between you and ATX Golf Performance only, and not with Apple Inc. ("Apple"). Apple is not responsible for the Service or its content. To the extent these Terms provide for usage rules for the Service that are less restrictive than the Apple Media Services Terms and Conditions, the more restrictive Apple terms will apply.

Apple has no obligation to furnish any maintenance or support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the Service to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

We, not Apple, are responsible for addressing any claims relating to the Service, including product liability claims, claims that the Service fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Service or your possession and use of the Service infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim to the extent required by these Terms.

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

You 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.

16. Miscellaneous

These Terms constitute the entire agreement between you and us regarding the Service. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right. You may not assign these Terms without our prior written consent; we may assign them freely.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the Service or by other reasonable means. Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the changes.

18. Contact

Questions about these Terms? Email us at info@atxgolfperformance.com. See also our Privacy Policy.