Effective Date: December 7, 2025

USER AGREEMENT FOR OPENCOURSE INC.

1. Introduction

Welcome to OpenCourse (the "App"). This User Agreement ("Agreement") governs your access to and use of the App, including any content, functionality, and services offered on or through the App. By accessing or using the App, you agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you must not access or use the App.

2. Acceptance of Terms

By using the App, you confirm that you are at least 13 years of age. If you are under 18 years of age (or the legal age of majority in your jurisdiction), you confirm that you are using the App with the permission and consent of a parent or legal guardian who agrees to this Agreement on your behalf. If you are under 13, you may not use the App, as we do not collect data from children under 13 in compliance with the Children's Online Privacy Protection Act (COPPA).

3. Account Registration and Responsibilities

To access certain features of the App, such as booking tee times or tracking golf stats, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as needed. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. If you suspect unauthorized use, notify us immediately at golf@opencourse.com.

4. License Grant

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the App for your personal, non-commercial purposes. This license does not permit you to modify, distribute, or create derivative works from the App.

5. Use of the App

You agree to use the App only for lawful purposes, in compliance with all applicable laws, and in accordance with this Agreement. You shall not:

• Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use;
• Use any robot, spider, or other automatic device to access the App for any unauthorized purpose, including monitoring or copying material;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious material; or
• Attempt to interfere with the App's functionality or security.

We reserve the right to monitor usage and take action against violations.

6. Fees and Payments

Certain features, such as booking tee times, may require payment of fees. All fees are displayed in the App and are estimates only; actual prices for tee times are set by the golf courses and are subject to change without notice. We are not responsible for any price changes or discrepancies between estimated and final charges. Fees paid through the App are processed by third-party payment providers and are non-refundable except as required by law or as specified in our Refund Policy below. You agree to pay all applicable fees, taxes, and charges.

Refund Policy: Refunds for tee time bookings are subject to the policies of the respective golf course. If a booking is canceled in accordance with the course's rules, we will process any eligible refund within 10 business days. For App-related fees (e.g., premium features), refunds may be issued at our discretion for technical issues; contact golf@opencourse.com for requests.

7. User Content

If you submit content to the App (e.g., reviews, golf stats, or photos), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, display, and distribute such content for App operations and improvements. You represent that you own or have rights to your content and that it does not violate third-party rights.

8. Intellectual Property

The App and its contents, features, and functionality (including text, graphics, logos, and software) are owned by OpenCourse Inc., its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not use any such material without our prior written consent.

9. Termination

We may terminate or suspend your account and access to the App at our discretion, with or without notice, for reasons including breach of this Agreement. You may terminate your account at any time through the App settings. Upon termination, your right to use the App ceases, but sections such as Indemnification, Limitation on Liability, and Governing Law will survive.

If your account is terminated for cause (e.g., violations), no refunds will be issued. You may appeal terminations by contacting us at golf@opencourse.com within 30 days.

10. Disclaimer of Warranties

The App is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the App's accuracy, availability, or uninterrupted operation.

11. Limitation on Liability

To the fullest extent permitted by law, OpenCourse Inc., its affiliates, licensors, providers, employees, agents, officers, and directors will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the App, even if advised of the possibility of such damages. Our total liability shall not exceed the fees you paid us in the 12 months preceding the claim. This limitation does not apply to liability for gross negligence or willful misconduct.

12. Indemnification

You agree to indemnify and hold harmless OpenCourse Inc., its affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, the "Indemnified Parties") from any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your violation of this Agreement;
• Your use of the App;
• Your violation of any third-party rights; or
• Your breach of any representations or warranties.

We reserve the right, at your expense, to assume defense of any such claim. You agree to cooperate with our defense. This indemnification survives termination of this Agreement.

13. Data Collection and Privacy

For a detailed explanation of our data practices, please review our separate Privacy Policy, available at /privacy-policy, which is incorporated into this Agreement. Below is a summary:

13.1 Data We Collect

• Personal Information: Name, age, gender, email address, phone number, golf handicap, and payment details (processed securely by third parties).
• Usage Data: Game statistics, course preferences, tee time bookings, and interactions with App features.
• Location Data: With your explicit consent (via device prompts), precise location for services like nearby course recommendations.
• Device Data: IP address, device type, and browser information for analytics.

We may also collect anonymized data for aggregate insights.

13.2 Use of Collected Data

We use your data to:

• Provide and personalize App services (e.g., tee time suggestions based on preferences);
• Improve functionality and analyze usage patterns;
• Communicate with you (e.g., booking confirmations);
• Conduct marketing (with opt-in consent where required); and
• Comply with legal obligations.

13.3 Data Sharing and Disclosure

We share data only as necessary:

• With third-party service providers (e.g., payment processors, analytics tools) under strict confidentiality.
• With partnered golf courses (e.g., name and email for booking confirmations; anonymized stats for trends), with your consent.
• For advertising (e.g., targeted golf offers), but you can opt out.
• As required by law, to protect rights, or in business transfers.

We do not sell your personal data. For users in California (under CCPA/CPRA) or other regulated states, we do not "sell" or "share" data for cross-context behavioral advertising without opt-in. International transfers (if any) comply with applicable laws (e.g., GDPR standard clauses).

13.4 Data Security

We implement industry-standard measures (e.g., encryption, access controls) to protect your data. However, no system is 100% secure, and we cannot guarantee absolute security.

13.5 Data Retention

We retain personal data for as long as needed for the purposes described (e.g., active accounts indefinitely; deleted data up to 90 days for backups), or as required by law.

13.6 User Rights and Choices

• Access, correct, or delete your data via account settings or by emailing golf@opencourse.com (we respond within 45 days).
• Opt out of marketing, location tracking, or data sharing through settings.
• For CCPA users: Request data portability or "Do Not Sell/Share My Info" at the above email.
• Withdraw consent anytime, but this may limit features (e.g., no personalized recommendations without data).

If under 13, we do not knowingly collect data; contact us for deletion if applicable. For verifiable parental consent under COPPA (for 13-18 with guardian), we may require additional verification.

13.7 Consent

By using the App, you consent to our data practices. For sensitive data (e.g., location), we obtain separate opt-in consent via prompts.

14. Governing Law

This Agreement is governed by the laws of the State of Utah, without regard to conflict of laws principles.

15. Dispute Resolution

Any disputes arising from this Agreement or the App shall be resolved through binding arbitration under the American Arbitration Association (AAA) rules, in Weber County, Utah. You waive the right to class actions. If arbitration is unenforceable, disputes will be resolved in Utah state or federal courts.

16. Amendments to the Agreement

We may update this Agreement at our discretion. Changes are effective upon posting, with material changes notified via email (if provided) or in-app alerts at least 30 days in advance where required by law (e.g., CCPA). Continued use constitutes acceptance.

17. Accessibility

We strive to make the App accessible in accordance with WCAG 2.1 guidelines. If you encounter issues, contact golf@opencourse.com.

18. Force Majeure

We are not liable for delays or failures due to events beyond our control (e.g., natural disasters, pandemics, or cyber-attacks).

19. Severability and Waiver

If any provision is invalid, the remainder remains in effect. Our failure to enforce any right does not waive it.

20. Contact Information

For questions, contact us at:

OpenCourse Inc.
4152 South Crimson Fields Dr.
Washington, Utah 84780
Email: golf@opencourse.com

By clicking "I Agree" or using the App, you acknowledge that you have read, understood, and agree to this Agreement.

OpenCourse Team