These terms are an agreement between you and Within Par LLC ("Within Par," "we," "us"). By downloading, installing or using the Within Par app, you agree to them. If you do not agree, please do not use the app.
Within Par is a mental-performance app for golfers. It provides guided audio sessions and a private journal. It is a wellness and performance product. It is not a medical device, not therapy, not medical or psychological treatment, and not a substitute for professional care. Please read our Health Disclaimer, which forms part of these terms.
We grant you a personal, revocable, non-exclusive, non-transferable license to use the app on Apple-branded devices you own or control, for your own non-commercial use, in accordance with Apple's App Store Terms of Service. You may not copy, modify, reverse engineer, decompile, rent, lease, sell, sublicense or redistribute the app or its content, except to the extent that restriction is prohibited by applicable law.
All audio sessions, scripts, artwork, photography, the Within Par name and logo, and the design of the app and this site are owned by Within Par or licensed to us, and are protected by copyright, trademark and other laws. Narrator voices are licensed for use inside the app only. Nothing in these terms transfers any of those rights to you. You may not extract, redistribute, re-record, publicly perform, or use our audio or written content outside the app.
Your journal entries and everything else you write in the app are yours. They are stored on your device, not on our servers. We do not receive them, cannot read them, and claim no rights in them whatsoever. Because they live only on your device, keeping them safe is up to you: deleting the app, resetting or losing the device, or restoring it without a backup will erase them. We cannot recover them for you.
Use the app lawfully. Do not use it in any way that interferes with its operation or another person's use of it, attempt to gain unauthorized access to any system connected to it, or use it while doing anything that requires your full attention. See section 6.
Some sessions are designed to be listened to while walking a golf course, and some invite you to close your eyes. Do not listen while driving, operating machinery, or in any situation where reduced awareness could put you or anyone else at risk. Stay aware of your surroundings, of other players, of maintenance vehicles, of moving golf balls, and of weather. Follow the rules and instructions of any facility you are on. You are responsible for your own safety and for the safety of the people around you.
We may add, change, suspend or remove features, content or sessions at any time, and may stop offering the app altogether. Sessions and written content are added and revised over time and may change without notice. The app is provided on the terms set out in sections 9 and 10 below.
Within Par offers a free session and may offer automatically renewing monthly and annual memberships. The App Store purchase screen shows the applicable price, currency, billing period and any trial or promotional terms before you confirm. Prices can vary by storefront and may change for future purchase periods as permitted by Apple and applicable law.
Payment is charged to your Apple Account when you confirm the purchase. A subscription renews automatically for the same period unless you cancel at least 24 hours before the end of the current period. Apple charges renewal within 24 hours before the current period ends. You can manage or cancel in your Apple Account subscription settings. Deleting the app does not cancel a subscription.
Purchases and refunds are administered by Apple under the App Store terms and applicable law. Within Par does not receive your full payment-card information and cannot issue an App Store refund directly. If membership access is missing after a reinstall or device change, use Restore Purchases in the app. Paid access depends on an active App Store entitlement; cancellation stops future renewal but ordinarily leaves access active through the paid period.
To the fullest extent permitted by law, the app and all content in it are provided "as is" and "as available," without warranty of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the app will be uninterrupted, error-free, secure, or that it will produce any particular result, improvement in performance, or change in how you feel.
To the fullest extent permitted by law, Within Par and its officers, employees and contractors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits, goodwill or opportunity, arising out of or relating to your use of the app, including loss of journal entries stored on your device. Our total aggregate liability arising out of or relating to the app will not exceed the greater of the amount you paid us for it in the twelve months before the claim, or twenty-five US dollars.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so parts of sections 9 and 10 may not apply to you. Nothing in these terms limits liability that cannot lawfully be limited.
These terms are between you and Within Par, not with Apple, and Apple is not responsible for the app or its content. Apple has no obligation to provide any maintenance or support for the app. If the app fails 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 the app. Apple is not responsible for addressing any claim by you or a third party relating to the app, including product liability, any failure to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
You may stop using the app at any time by deleting it. We may suspend or terminate your license if you breach these terms. Sections 3, 4, 9, 10, 11 and 13 survive termination.
These terms are governed by the laws of the State of Michigan, United States, without regard to its conflict-of-laws rules. Subject to any rights you have under mandatory local law, you and we consent to the jurisdiction of the state and federal courts located in Michigan. Nothing in these terms limits a consumer right or remedy that applicable law does not allow us to limit.
We may update these terms. When we do, we will change the date at the top of this page, and material changes will be noted in the app's release notes. Continuing to use the app after a change means you accept the updated terms.
Questions about these terms: hello@withinpar.com.