Terms of Use

SkyTrak the leader in consumer launch monitor sales logo

The following Terms of Use (“Terms” or “Agreement”) govern your access to and use of SKYTRAK products, software, websites, mobile applications, subscriptions, and all other services we provide (collectively, the “Services”). Please read these Terms carefully. Your use of the Services constitutes your agreement to be bound by all Terms. If you disagree with one or more of these Terms or find them unacceptable in any way, please do not use the Services.

Contents

  • Waiver & Release of Liability

  • Account Registration & Product Activation

  • Subscription Plans & Renewals

  • Product Compatibility & System Requirements

  • Pricing & Promotions

  • Sales & Use Tax Policy

  • Refunds

  • Cancellations

  • Release

  • Notice

Waiver and Release of Liability

Last Updated: August 15, 2025

This Waiver and Release of Liability (the “Waiver”), the SKYTRAK Terms of Use, the SKYTRAK Privacy Policy, all applicable Privacy Addendums, and all additional agreements and policies that may apply to specific Goods and Services (collectively, the “Terms”), govern your access to and use of SKYTRAK Goods and Services.

This Waiver is executed by the undersigned adult participant, their guests, or the parent/legal guardian of a participating minor (collectively, “Participant”), in favor of GOLFTEC ST LLC d/b/a SKYTRAK, its subsidiaries, affiliates, distributors, resellers, partners, and their respective directors, officers, employees, agents, and representatives (“SKYTRAK”).

In consideration for being allowed to access and use SKYTRAK’s products, software, applications, subscriptions, services, and related programs (“Services”), I agree as follows:

Assumption of Risk

I acknowledge that participation in golf practice, golf simulation, golf instruction, physical activity, and use of SKYTRAK Services involves known and unknown risks, including but not limited to:

  • Slips, trips, falls, equipment malfunctions, collisions, or other accidents;

  • Injury or property damage caused by swinging a golf club or striking a golf ball;

  • Damage caused by improper setup, unsafe use, or failure to use proper hitting nets, mats, enclosures, or protective equipment;

  • Exposure to illness, pandemics, or unforeseeable environmental conditions;

  • Property damage, identity theft, or data breaches.

I understand that these risks may result in physical injury, mental distress, emotional suffering, death, or financial loss, and may be caused in whole or in part by SKYTRAK, other participants, or external events.

I voluntarily accept and assume all risks, whether known or unknown, associated with participation in the Services.

Waiver and Release of Liability

ON BEHALF OF PARTICIPANT, I hereby:

  • Waive and release any and all claims against SKYTRAK, including claims arising from negligence, use or misuse of the Services, failure to warn, equipment failure, or other acts or omissions;

  • Covenant not to sue SKYTRAK for any injuries, damages, or losses suffered in connection with the Services;

  • Expressly waive all rights under Section 1542 of the California Civil Code and any similar state laws, which state: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist…”

Grant of Rights and License

On behalf of Participant, I irrevocably grant SKYTRAK, its affiliates, successors, assigns, and their respective licensees, agencies (including advertising, promotional, and fulfillment) and all associated employees, officers, directors, and agents the unrestricted, perpetual, worldwide right to use my (and my child’s) name, image, likeness, appearance, voice, and any materials created by or on behalf of SKYTRAK incorporating any of the foregoing (“Materials”) in any media or format now known or later developed.

This includes, without limitation, the rights to display, perform, exhibit, transmit, reproduce, distribute, broadcast, modify, adapt, create derivative works of, and otherwise exploit the Materials for any lawful purpose, including but not limited to advertising, marketing, publicity, promotion, packaging, and public relations for SKYTRAK and its affiliates, without additional consent or compensation.

Indemnification

I agree to defend, indemnify, and hold harmless SKYTRAK from and against any claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising out of or related to:

  • Participant’s participation in the Services;

  • Participant’s breach of any Terms or representations;

  • Use or misuse of any SKYTRAK products, software, platforms, or services;

  • Third-party claims caused by Participant’s conduct.

Representations

  • Participant is physically fit and capable of safely participating in the Services.

  • Participant understands SKYTRAK does not provide medical advice or supervision.

  • Participant agrees to stop use of the Services if hazardous conditions arise.

  • Participant agrees to use SKYTRAK products only in a safe environment with appropriate protective equipment, including a golf hitting mat and a golf safety net or enclosure appropriate for indoor golf use.

Disclaimer of Warranties

PARTICIPANT IS ACCESSING AND USING THE SERVICES ON AN “AS IS, WHERE IS, AND AS AVAILABLE” BASIS. NO SKYTRAK PARTY IS RESPONSIBLE FOR PROBLEMS ARISING FROM, OR INADEQUACIES IN, THE CONTENT OF THE SERVICES OR ANY PARTICULAR FEATURES OR SERVICES OFFERED. NO SKYTRAK PARTY REPRESENTS OR WARRANTS THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION, MATERIALS, CONTENT, AND SERVICES. SKYTRAK PROVIDES THE SERVICES WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING, AND FREEDOM FROM COMPUTER VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO PARTICIPANT, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND PARTICIPANT MAY HAVE ADDITIONAL RIGHTS.

Limitation of Liability

IN NO EVENT WILL ANY SKYTRAK PARTY BE LIABLE TO PARTICIPANT OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF DATA, DIMINUTION IN VALUE OF ASSETS, SECURITIES OR BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RESULTING FROM OR IN ANY WAY RELATED TO PARTICIPANT’S ACCESS TO OR USE OF THE SERVICES, PARTICIPANT’S INABILITY TO USE THE SERVICES, OR MALFUNCTIONS OF THE SERVICES. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE SKYTRAK PARTIES (TAKEN TOGETHER) TO PARTICIPANT FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE ORDER, RECEIPT, PROVISION, OR USE OF THE SERVICES EXCEED THE GREATER OF: (I) THE AMOUNT PARTICIPANT PAID TO SKYTRAK FOR THE APPLICABLE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (II) $200. THE LIMITATIONS, EXCLUSIONS, INDEMNIFICATIONS, AND DISCLAIMERS IN THESE TERMS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Consent for Minor Participants (if applicable)

If signing on behalf of a minor child, I certify that I am the legal parent or guardian, and I grant permission for the minor to participate. I agree to the Terms above on the child’s behalf, including the assumption of risk and release of liability.

Governing Law

This Waiver is governed by the laws of the State of Colorado. Any disputes shall be resolved in the courts located in Arapahoe County, Colorado.

Acknowledgment

I HAVE READ AND FULLY UNDERSTAND THIS WAIVER AND RELEASE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

Account Registration & Product Activation

Certain SKYTRAK products and features require account creation, product registration, and activation. You agree to provide accurate, current, and complete information when creating an account, registering a product, or subscribing to any Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

SKYTRAK reserves the right to suspend or terminate accounts containing inaccurate, misleading, or incomplete information, or accounts used in violation of these Terms.

Subscription Plans & Renewals


When hitting golf balls indoors, including in garages or enclosed spaces, always use a golf safety net or enclosure specifically designed for golf balls.

Failure to follow these precautions can lead to serious injury, death, or damage to property.

When setting up your SKYTRAK system for use, the SKYTRAK device, smartphone, tablet, computer, or display device should be placed safely outside the hitting area and preferably to the side and behind the golf ball to prevent damage caused by errant golf balls or club swings.

SKYTRAK assumes no liability or responsibility for failure to follow these precautions.

Hardware Warranty

Subject to the exclusions, limitations, and conditions stated below, SKYTRAK warrants that this SKYTRAK product will be free from defects in workmanship and materials under normal consumer (non-commercial) use for the lesser of:

  1. Six (6) months from the original purchase date, or

  2. A total of 50,000 shots taken on the SKYTRAK product

Limitations and Exclusions

This warranty excludes:

  1. Cosmetic damage including scratches, dents, or cracks

  2. Normal wear and tear

  3. Damage caused by misuse, neglect, improper installation, or unauthorized modification

  4. Damage caused by accidents, fire, water, power fluctuations, environmental conditions, or acts of God

  5. Use of the product with non-SKYTRAK components including chargers or connection cables

  6. Use of the product for commercial, rental, or non-consumer purposes

  7. Damage caused by golf balls or golf clubs, including failure to use proper safety nets, mats, or protective cases

  8. Software installed on or used with the SKYTRAK product or other devices such as smartphones, tablets, or computers

Any third-party products or software, even if used with the SKYTRAK product, are not covered under this warranty.

Any warranty for third-party products is provided solely by the supplier or licensor of that product.

Important Service Notice

Do not open the SKYTRAK device case.

Opening the SKYTRAK case may cause damage not covered by this warranty. Only SKYTRAK or an authorized SKYTRAK service center should perform service on the product.

Opening the case voids this warranty.

Exclusive Remedies and Warranty Service Procedure

SKYTRAK’s total obligation under this warranty shall be, at SKYTRAK’s sole discretion:

  • repair the product,

  • replace the product or defective part with a comparable product, or

  • refund the purchase price.

Replacement products or parts may be new or refurbished.

All replaced parts become the property of SKYTRAK.

To obtain warranty service:

  1. Contact SKYTRAK Customer Support to obtain a Return Authorization (RA) Code.

  2. Ship the product prepaid with proof of purchase and the RA code clearly marked on the shipping label.

Shipments without a valid RA code will be refused and returned to the sender at the sender’s expense.

Customers are responsible for insuring products during shipping. SKYTRAK is not responsible for loss or damage during transit.

Customer Service Contact

Email: support@skytrakgolf.com

Phone: 1-833-SKYTRAK (1-833-759-8725)

Warranty Limitation

THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, OR NONINFRINGEMENT.

Commercial Use

THIS SKYTRAK PRODUCT IS NOT WARRANTED FOR COMMERCIAL USE.

For commercial or simulator business use, SKYTRAK makes no warranties, express or implied.

Limitation of Liability

IN NO EVENT SHALL SKYTRAK BE LIABLE FOR DAMAGES EXCEEDING THE PURCHASE PRICE OF THE PRODUCT.

SKYTRAK SHALL NOT BE LIABLE FOR:

  • indirect damages

  • incidental damages

  • consequential damages

  • loss of revenue

  • loss of profits

  • loss of business

  • loss of data

  • loss of software or applications

  • or other financial losses

This applies whether claims arise from contract, negligence, or other legal theory.

Mobile Compatibility

System requirements listed on SKYTRAK packaging or documentation represent minimum requirements only.

Compatibility with specific devices may vary depending on operating system updates, device manufacturer changes, or third-party software compatibility.

SKYTRAK does not guarantee full compatibility with all devices.

Android Device Notice

Performance of Android devices varies widely between manufacturers and models.

SKYTRAK does not guarantee full functionality or performance on all Android devices.

For an updated list of supported devices, please visit:

www.skytrakgolf.com

Governing Law

This Limited Warranty shall be governed by the laws of the State of Colorado, excluding its conflict-of-laws provisions.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

PRODUCT USE AND SOFTWARE LICENSE AGREEMENT

Authorized U.S. and Canada Sales Only

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING YOUR SKYTRAK PRODUCT.

Proceeding with use of the SKYTRAK product or installing SKYTRAK software indicates your acceptance of these licensing terms.

If you do not agree with these terms, do not use the product and return it within thirty (30) days of purchase for a refund.

If you purchased directly from SKYTRAK, contact:

support@skytrakgolf.com

IMPORTANT

The license granted under this Agreement applies only if:

  • the SKYTRAK Product was purchased through an authorized sales channel

  • you registered the product using valid account information

  • the product is used in accordance with these Terms.

If the SKYTRAK Product was not purchased through an authorized sales channel, the license for the SKYTRAK software may be invalid.

In such cases, contact support@skytrakgolf.com for assistance.

1. Grant of License

SKYTRAK grants you a non-transferable, non-exclusive license to use the SKYTRAK software solely for personal, non-commercial use with the registered SKYTRAK device.

The SKYTRAK software is licensed, not sold.

All rights not expressly granted remain the property of SKYTRAK.

Software Restrictions

Except where permitted by law, you may not:

  • copy the software

  • reverse engineer the software

  • decompile the software

  • distribute the software

  • sublicense the software

  • use the software with unauthorized devices

  • transmit the software to third parties

Violation of these restrictions may result in termination of the license.

Software Communications

You agree that SKYTRAK may send communications related to:

  • your SKYTRAK product

  • software updates

  • service notifications

  • product promotions

  • membership benefits

License Termination

This license remains active until:

  • the subscription expires,

  • the license is terminated due to breach of this agreement, or

  • the software is uninstalled and all copies destroyed.

Limitation of Software Liability

The SKYTRAK software is provided “AS IS.”

SKYTRAK makes no warranty regarding the performance, reliability, or uninterrupted operation of the software.

In no event shall SKYTRAK be liable for damages exceeding the amount paid for the software.

Export Control

You may not export or re-export the software in violation of U.S. export laws.

You represent that you are not located in any restricted or embargoed country.

Complete Agreement

This License Agreement constitutes the entire agreement between the parties regarding the use of SKYTRAK software and supersedes all prior agreements.

If any provision is found unenforceable, the remaining provisions remain in full force.