Terms of Service for PinHi

Last updated: May 21, 2026 Effective date: May 21, 2026

These Terms of Service ("Terms") are a binding agreement between you and Niftly LLC, an Oklahoma limited liability company ("Niftly," "we," "us," or "our"), governing your use of the PinHi mobile application and any related services (collectively, the "App").

By creating an account, installing PinHi, or otherwise using PinHi, you agree to these Terms. If you do not agree, do not use PinHi.

These Terms include an arbitration agreement and class action waiver in Section 18 that affect your legal rights. Please read them carefully.

1. Beta Software

PinHi is currently distributed as a closed beta through Apple TestFlight. You acknowledge and agree that:

PinHi is pre-release software and may contain bugs, errors, incomplete features, and unstable behavior.
Features may be added, modified, or removed at any time without notice.
Data you create in PinHi (including rounds, scores, social connections, and media) may be deleted, reset, or migrated during the beta period, and we do not guarantee data persistence or backward compatibility.
We may collect additional diagnostic information to identify and fix issues, as described in our Privacy Policy.
PinHi may be temporarily or permanently unavailable at any time.
If you have signed a separate Non-Disclosure Agreement (NDA) with us as a beta tester, that NDA remains in effect and applies alongside these Terms. In the event of a conflict between these Terms and your NDA on matters of confidentiality, the NDA controls.

PinHi is provided to beta testers for testing and evaluation purposes only. You may not rely on PinHi for any critical purpose.

2. Eligibility

To use PinHi, you must be at least 13 years old (or the minimum age required in your country to consent to the processing of your personal data). If you are under 18, you must have permission from a parent or legal guardian to use PinHi and to agree to these Terms.

You may not use PinHi if you are barred from doing so under applicable law or if your account has previously been terminated by us.

3. Accounts

To use most features of PinHi, you must create an account. You agree to:

Provide accurate, current, and complete information when you register.
Keep your account credentials confidential and not share them with anyone.
Notify us promptly of any unauthorized use of your account or any other suspected security breach.
Take responsibility for all activity that occurs under your account.

We may suspend or terminate your account if we believe you have violated these Terms or pose a risk to us, other users, or third parties.

4. License to Use PinHi

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

You may not:

Copy, modify, distribute, sell, lease, or sublicense any part of PinHi.
Reverse engineer, decompile, or disassemble PinHi, except to the extent applicable law expressly permits.
Remove or alter any proprietary notices in PinHi.
Use PinHi to build a competing product or service.
Use any automated means (bots, scrapers, etc.) to access PinHi or extract data from it.
Circumvent any security or access controls in PinHi.

All rights not expressly granted to you are reserved by Niftly LLC and its licensors.

5. Acceptable Use

You agree not to use PinHi to:

Violate any law, regulation, or third-party right.
Post or share content that is unlawful, harassing, abusive, defamatory, obscene, fraudulent, or that infringes intellectual property or privacy rights.
Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
Interfere with or disrupt PinHi, our servers, or networks connected to PinHi.
Attempt to gain unauthorized access to any part of PinHi, other user accounts, or our systems.
Upload viruses, malware, or other malicious code.
Use PinHi in a way that could damage, disable, overburden, or impair our infrastructure.
Use PinHi to harass, threaten, or harm other users.

We may remove content or restrict accounts that violate this section, at our discretion.

6. User Content

PinHi allows you to submit content, including scores, round data, photos, profile information, comments, and other materials ("User Content").

6.1 Your Ownership

You retain ownership of your User Content. You are responsible for your User Content and the consequences of submitting it.

6.2 License to Us

By submitting User Content, you grant Niftly LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, create derivative works of, display, perform, and distribute your User Content solely for the purpose of operating, providing, and improving PinHi. This license ends when you delete your User Content or your account, except (a) to the extent your User Content has been shared with other users who have not deleted it, and (b) for a reasonable period needed to remove it from backups.

6.3 Representations

You represent and warrant that:

You own or have all necessary rights to your User Content.
Your User Content does not violate any law or third-party right.
Your User Content does not contain confidential information of any third party.

6.4 No Obligation to Monitor

We have no obligation to monitor User Content but may remove or restrict access to any User Content at our discretion, including content we believe violates these Terms.

7. AI-Generated Content

PinHi includes an AI-powered commentator feature that generates narrative content about your rounds using a third-party language model (currently Anthropic's Claude). You acknowledge that:

AI-generated content is produced automatically based on your round data and may contain inaccuracies, unexpected output, or content you find unsatisfactory.
AI-generated content is not professional golf coaching, instruction, or advice, even when framed as such.
You should not rely on AI-generated content for any purpose where errors could cause harm.
We do not guarantee any particular result or output quality from the AI commentary feature.

You may opt out of AI commentary in your App settings.

8. Third-Party Services and Integrations

PinHi integrates with third-party services, including the GHIN handicap system operated by the USGA, Supabase, Anthropic, Apple, Expo/EAS, and Dynatrace.

Your use of those services is governed by their own terms and privacy policies. You are responsible for reviewing and complying with them.
We are not responsible for the availability, accuracy, or behavior of third-party services.
If a third-party service becomes unavailable or changes its terms, features that depend on it may be limited or discontinued.

GHIN data: Your use of GHIN handicap data is subject to the USGA's and GHIN's terms. You represent that you are authorized to access any GHIN number you link to your account.

9. Subscriptions and Payments

PinHi does not currently charge users. If we introduce paid features, subscriptions, or in-app purchases in the future:

Payment terms will be presented before you make any purchase.
Purchases will be processed through Apple's App Store and subject to Apple's terms.
Subscriptions will renew automatically unless cancelled at least 24 hours before the end of the current period, in accordance with Apple's policies.
Refunds are handled by Apple under its standard refund policies. We do not directly process refunds for App Store purchases.

We will update these Terms before any payment processing begins.

10. Intellectual Property

PinHi, including its software, design, text, graphics, logos, and the "GolfApp" and "Niftly" names and marks, is owned by Niftly LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except for the limited license in Section 4, nothing in these Terms grants you any right or license to our intellectual property.

11. Feedback

If you provide us with suggestions, ideas, bug reports, or other feedback about PinHi ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use the Feedback for any purpose without any obligation to you. You waive any rights you may have in the Feedback under applicable law.

12. Termination

12.1 By You

You may stop using PinHi at any time and delete your account by contacting us at the email in Section 19 or through the in-App account deletion option (when available).

12.2 By Us

We may suspend or terminate your access to PinHi at any time, with or without notice, for any reason, including if we believe you have violated these Terms, your use poses a risk to us or others, or we decide to discontinue PinHi or any feature.

12.3 Effect of Termination

Upon termination, your right to use PinHi ends immediately. Sections that by their nature should survive termination will survive, including Sections 6.2 (license to User Content), 10 (Intellectual Property), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 18 (Disputes), and 19 (General).

13. Disclaimers

PinHi IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, NIFTLY LLC DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WARRANTIES THAT PinHi WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS.
WARRANTIES ABOUT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT IN PinHi, INCLUDING GPS DISTANCES, HANDICAP CALCULATIONS, COURSE DATA, SCORING, AND AI-GENERATED CONTENT.

You acknowledge that GPS, distance measurements, and course data may be inaccurate, and you should not rely on them for any purpose where errors could cause injury or harm. You play golf and use PinHi at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

IN NO EVENT WILL NIFTLY LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF PinHi, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF PinHi WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

These limitations apply regardless of the legal theory (contract, tort, statute, or otherwise) and even if a remedy fails of its essential purpose.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless Niftly LLC and its members, managers, officers, employees, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your use or misuse of PinHi.
Your User Content.
Your violation of these Terms.
Your violation of any law or third-party right.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through PinHi, by email, or by other reasonable means. The "Last updated" date at the top of these Terms indicates when they were last revised. Your continued use of PinHi after the effective date of the updated Terms constitutes acceptance of the changes. If you do not agree to the updated Terms, you must stop using PinHi.

17. Apple App Store Terms

If you obtained PinHi through Apple's App Store (including TestFlight), the following additional terms apply:

These Terms are between you and Niftly LLC, not Apple. Apple is not responsible for PinHi or its contents.
Apple has no obligation to provide maintenance or support for PinHi.
In the event of any failure of PinHi to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to PinHi.
Apple is not responsible for addressing any claims by you or any third party relating to PinHi, including product liability claims, claims that PinHi fails to conform to legal requirements, or claims under consumer protection or similar laws.
In the event of any third-party claim that PinHi or your use of it infringes that third party's intellectual property rights, Niftly LLC, not Apple, is responsible for the investigation, defense, settlement, and discharge of the claim.
You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

18. Disputes; Arbitration; Class Action Waiver

Please read this section carefully. It affects your legal rights.

18.1 Informal Resolution

Before filing any formal claim, you agree to first contact us at the email in Section 19 and attempt in good faith to resolve the dispute informally for at least 60 days.

18.2 Binding Arbitration

If we cannot resolve the dispute informally, you and Niftly LLC agree to resolve any dispute arising out of or relating to these Terms or PinHi through binding individual arbitration, rather than in court, except as provided below. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in Oklahoma County, Oklahoma, or by video/telephone if you prefer. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

18.3 Exceptions

Either party may bring an individual action in small claims court instead of arbitration. Either party may also seek injunctive or equitable relief in court to protect intellectual property rights.

18.4 Class Action Waiver

YOU AND NIFTLY LLC 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. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

18.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to the email in Section 19 within 30 days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration.

18.6 Governing Law

These Terms are governed by the laws of the State of Oklahoma, without regard to its conflict-of-laws principles. For any matter not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Oklahoma County, Oklahoma.

19. General

Entire Agreement. These Terms, together with our Privacy Policy and any other policies referenced in PinHi, constitute the entire agreement between you and Niftly LLC regarding PinHi and supersede any prior agreements on the same subject. If you have a separate NDA with us as a beta tester, that NDA remains in effect as to its subject matter.

Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms without restriction.

Force Majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or telecommunications failures, or governmental action.

No Agency. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Niftly LLC.

Notices. We may send notices to you through PinHi or to the email address associated with your account. You must send notices to us at the email below.

Contact:

Niftly LLC info@niftly.io