Terms of Use — archived

Welcome to Drop The Hands. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”), including, without limitation, any request to receive information about, or to purchase any of the products made available through our website(s) (each, a “Product”). Your purchase of any Products will also be governed by any other terms made available by us to you during the sales process. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at: Email: support@dropthehands.ai Address: E.B. Mitchell Golf Inc., 401 N. Mills Avenue, Ste B PMB 1116, Orlando, Florida 32803 These Terms of Use (the “Terms”) are a binding contract between you and E.B. MITCHELL GOLF INC. (“Drop The Hands,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy (dropthehands.ai/privacy), Copyright Dispute Policy in the “Copyright and DMCA” section of these Terms and any other accompanying terms and conditions of sale entered into between you and us for the sale of any Products. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

P L E A S E R E A D C A R E F U L LY

These Terms cover important information about Services provided to you and any charges, taxes, and fees we bill you. They include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will these Terms ever change?

We are constantly trying to improve our Products and Services, so these Terms may need to change along with our Products and Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at dropthehands.ai, send you an email, and/or notify you by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

Drop The Hands takes the privacy of its users very seriously. For the current Drop The Hands Privacy Policy, please see our Privacy Policy (dropthehands.ai/privacy).

Minimum age requirement

The Services are not intended for use by individuals under the age of eighteen (18). By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years of age. If you are under eighteen (18) years of age, you are not permitted to access or use the Services. If we learn that we have collected personal information from an individual under the age of eighteen (18), we will take steps to delete such information as promptly as possible. If you believe that an individual under the age of eighteen (18) may have provided us with personal information, please contact us at support@dropthehands.ai.

The basics of using Drop The Hands

You may be required to sign up for an account, select a password and user name (“Drop The Hands User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Drop The Hands User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Apple. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account. You represent and warrant that you are an individual of legal age to form a binding contract. You will only use the Services and Products you obtain for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services or Products in a way that breaks the law. You will not share your Drop The Hands User ID, account or password with anyone, and you must protect the security of your Drop The Hands User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Drop The Hands User ID and account.

What about messaging?

As part of the Services, you may receive communications through the Services, including messages that Drop The Hands sends you (for example, via email). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages.

Restrictions on use

You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that: (a) infringes or violates the intellectual property rights or any other rights of anyone else (including Drop The Hands); (b) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Drop The Hands;

(c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (d) jeopardizes the security of your Drop The Hands User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you); (e) attempts, in any manner, to obtain the password, account, or other security information from any other user; (f) violates the security of any computer network, or cracks any passwords or security encryption codes; (g) runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (h) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); (i) copies or stores any significant portion of the Content; or (j) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Products or Services. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Drop The Hands’) rights. Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Drop The Hands owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

User submissions and licenses

User submissions

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. Without limiting the foregoing, if any User Submission contains a video, image, audio recording, or other depiction of any individual other than yourself (including any golf swing, coaching session, or other footage of a third party), you represent and warrant that you have obtained all rights, licenses, consents, releases, and permissions from each such individual (and, where applicable, from any venue, facility, or rights-holder appearing in the depiction) that are necessary for you to submit that User Submission and for Drop The Hands to use, host, store, reproduce, modify, display, perform, and distribute it in accordance with these Terms, including all rights of publicity, likeness, privacy, and personal data. You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) contain any video, image, audio recording, or other depiction of any individual under the age of eighteen (18), unless you are the parent or legal guardian of that individual (or have obtained verifiable consent from such a parent or legal guardian) and the depiction is not otherwise prohibited by these Terms; (vi) depict unlawful acts or extreme violence; (vii) depict animal cruelty or extreme violence towards animals; (viii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (ix) that violate any law.

Licenses

In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy (dropthehands.ai/privacy) to the extent they relate to User Submissions that are also your personally-identifiable information. For all User Submissions, you hereby grant Drop The Hands a license to use and modify (for technical purposes, for example, making sure your content is viewable on a mobile device as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected. If you store a User Submission in your own personal Drop The Hands account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Drop The Hands the license above, as

well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so. If you share a User Submission in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant Drop The Hands the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. Certain features of the Services may allow you to share information with others, including through your social networks or other Third Party Accounts. When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize Drop The Hands to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request. Finally, you understand and agree that Drop The Hands, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Copyright and DMCA

In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

(1) Procedure for reporting copyright infringements

If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Drop The Hands’ Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below): (a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; (b) Identification of works or materials being infringed;

(c) Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence; (d) Contact information about the notifier including address, telephone number and, if available, email address; (e) A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and (f) A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

(2) Once proper bona fide infringement notification is received by the Designated Agent Upon receipt of a proper notice of copyright infringement, we reserve the right to: (a) remove or disable access to the infringing material; (b) notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and (c) terminate such content provider’s access to the Services if he or she is a repeat offender.

(3) Procedure to supply a counter-notice to the Designated Agent

If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent: (a) A physical or electronic signature of the content provider; (b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (c) A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and (d) Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced

or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.

D E S I G N AT E D A G E N T

E.B. Mitchell Golf Inc. Attn: DMCA Designated Agent 401 N. Mills Avenue, Ste B PMB 1116 Orlando, FL 32803

Who is responsible for what I see and do on the Services?

Any information or Content posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. The Services may contain links or connections to third-party websites or services that are not owned or controlled by Drop The Hands. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Drop The Hands is not responsible for such risks. Drop The Hands has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Drop The Hands will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Drop The Hands shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Drop The Hands is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release the Drop The Hands Parties (as defined below), including any directors, officers, employees, agents, and successors of Drop The Hands from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Physical activity disclaimer and assumption of risk

The Services may provide information, instructions, recommendations, drills, or feedback related to golf swings, physical movements, exercises, or other physical activities (collectively, “Physical Activity Content”). You acknowledge and agree that participating in any physical activity, including golf and any exercises or drills suggested by or through the Services, involves inherent risks of physical injury, illness, or death. These risks may include, but are not limited to, muscle strains, joint injuries, sprains, fractures, overexertion, repetitive stress injuries, and other bodily harm. BY USING THE SERVICES AND ANY PHYSICAL ACTIVITY CONTENT, YOU EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH ANY PHYSICAL ACTIVITIES YOU UNDERTAKE IN CONNECTION WITH THE SERVICES, WHETHER OR NOT SUCH ACTIVITIES ARE DESCRIBED IN OR SUGGESTED BY THE SERVICES. You acknowledge that Drop The Hands is not a medical provider, licensed physical therapist, certified personal trainer, or healthcare professional, and that the Physical Activity Content is provided for informational and entertainment purposes only and does not constitute medical advice, diagnosis, or treatment. You represent and warrant that you are physically able to participate in the physical activities contemplated by the Services and that you have no medical condition that would prevent or limit your safe participation. You agree to consult with a qualified physician or healthcare provider before beginning any exercise program or physical activity regimen, including any activities suggested by the Services. If you experience any pain, discomfort, dizziness, or other symptoms during any physical activity undertaken in connection with the Services, you agree to immediately stop and seek medical attention. To the fullest extent permitted by applicable law, you hereby release, waive, and discharge the Drop The Hands Parties (as defined below) from any and all claims, demands, damages, losses, liabilities, costs, or expenses (including attorneys’ fees) arising out of or in any way related to any physical injury, illness, death, or property damage sustained by you in connection with your use of the Services or any Physical Activity Content, whether caused by the negligence of the Drop The Hands Parties or otherwise. This release and waiver applies regardless of whether such injury, illness, death, or damage is foreseeable.

Will Drop The Hands ever change the Services?

We’re always trying to improve our Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Do the Services cost anything?

The Services, as well as Products, are offered for a fee. Prices for Products and fee-based Services are set forth on our Paid Products and Services page (dropthehands.ai/pricing), and you may choose to purchase Products or subscribe to fee-based Services through the dropthehands.ai website. Drop The Hands may limit or cancel quantities of Products purchased, and it reserves the right to refuse any order. In the event Drop The Hands needs to make a change to an order, it will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. The prices displayed are quoted in U.S. currency and are valid only in the United States. Prices are subject to change at any time, except as expressly otherwise provided by us in writing. Sales tax will be determined by the billing address associated with your Payment Method and will automatically be added to the order where required. Drop The Hands is required by law to apply sales tax to orders in certain states. Any payment terms presented to you in the process of purchasing Products or subscribing to fee-based Services are deemed part of these Terms.

a. Billing

We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at stripe.com/us/checkout/legal (https://stripe.com/us/checkout/legal) and their Privacy Policy at stripe.com/us/privacy (https://stripe.com/us/privacy). We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to purchase Products, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any such Products in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

b. Payment method

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

c. Recurring billing

Some of the Products may be sold as a subscription, consisting of an initial period for which there is a one-time charge, followed by recurring period charges for additional Products as agreed to by you (“Paid Subscription”). By choosing a Paid Subscription, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., ANNUALLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS (dropthehands.ai/account).

d. Current information required

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS (dropthehands.ai/account). IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SUBSCRIPTIONS UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SUBSCRIPTIONS AS SET FORTH ABOVE.

e. Change in amount authorized

If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges, including during or at the end of each billing cycle.

f. Auto-renewal for paid subscriptions

Unless you opt out of auto-renewal, which can be done through your account settings (dropthehands.ai/account), any Paid Subscription(s) you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate unless otherwise expressly provided by us in writing. To change or resign your Paid Subscription(s) at any time, go to account settings (dropthehands.ai/account). If you terminate a Paid Subscription, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A

RECURRING BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR ACCOUNT SETTINGS (dropthehands.ai/account) OR TERMINATE YOUR DROP THE HANDS ACCOUNT BEFORE THE END OF THE RECURRING TERM. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, DROP THE HANDS WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.

g. Reaffirmation of authorization

Your non-termination or continued use of a Paid Subscription reaffirms that we are authorized to charge your Payment Method for that Paid Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Subscription.

h. Free trials and other promotions

Any free trial or other promotion that provides access to free Products or free Paid Subscriptions must be used within the specified time limits of the trial. You must cancel and stop using a Paid Subscription before the end of the trial period in order to avoid being charged for that Paid Subscription. We will notify you before the charge. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Subscription, please contact us at support@dropthehands.ai.

What if I want to stop using the Services?

You’re free to do that at any time by contacting us at support@dropthehands.ai; please refer to our Privacy Policy (dropthehands.ai/privacy), as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. Drop The Hands is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Drop The Hands has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. If you have deleted your account by mistake, contact us immediately at support@dropthehands.ai – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

What about mobile applications?

You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.

I use the Drop The Hands App available via the Apple App Store – should I know anything about that?

These Terms apply to your use of all the Services, including our iOS applications (the “Application”) available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Application: (a) Both you and Drop The Hands acknowledge that the Terms are concluded between you and Drop The Hands only, and not with Apple, and that Apple is not responsible for the Application or the Content; (b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services; (c) You will only use the Application in connection with an Apple device that you own or control; (d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; (e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; (f) You acknowledge and agree that Drop The Hands, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application; (g) You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Drop The Hands, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; (h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; (i) Both you and Drop The Hands acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and (j) Both you and Drop The Hands 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 the third-party beneficiary hereof.

What else do I need to know?

Artificial intelligence

Certain features of the Services incorporate or are powered by artificial intelligence technologies (the “AI Features”). For purposes of these Terms, “Inputs” means the inputs you provide to be processed by the Services, and “Outputs” means the outputs generated and returned by the Services based on the Inputs. The AI Features are provided on an “AS-IS” and “AS AVAILABLE” basis without warranties of any kind, and Drop The Hands makes no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of any Outputs. You acknowledge that artificial intelligence and machine learning are rapidly evolving fields of study and, given the probabilistic nature of machine learning, use of the AI Features may in some situations result in inaccurate, incomplete, inappropriate, unexpected, incorrect, or harmful Outputs. You agree to independently verify and evaluate all Outputs before relying on them, and you agree not to rely on the AI Features as the sole basis for any decision without independent human review and verification. You agree that Drop The Hands will not be liable for any loss or damages arising from or related to the AI Features or Outputs. You hereby release Drop The Hands from all liability for your having acquired or not acquired Output through the AI Features. Neither Drop The Hands nor any third-party AI systems provider will be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, directly in connection with the use of the Inputs or the Outputs. Your use of the Outputs will be at your sole responsibility.

Third-party AI and training data

The AI Features may incorporate third-party artificial intelligence systems (“Third-Party AI Systems”). Third-Party AI Systems are trained by a third party (and not by Drop The Hands) on data from various sources (“Training Data”) and may produce similar responses to similar prompts or queries. Drop The Hands makes no representations or warranties regarding outputs based on Training Data, including any ownership thereof. Drop The Hands shall not, and shall not permit any Third-Party AI System to, use any user data (including any User Submissions) processed under these Terms to train machine learning models or for any purpose other than as necessary to provide the Services. Drop The Hands does not guarantee that the Services will incorporate, or continue to incorporate, any particular Third-Party AI Systems, and makes no representations or warranties with respect to Third-Party AI Systems or any third-party providers.

Prohibited uses of AI features

For purposes of this subsection, “AI Systems” means the models or systems underlying AI Features. You agree not to: (i) use any AI Systems or Outputs to develop, train, or improve any artificial intelligence, large language models, or machine learning models; (ii) represent any Output as being approved or vetted by Drop The Hands or any third party provider; (iii) represent any Output as an original work or a wholly human-generated work; (iv) use any automated or programmatic method to extract data or Outputs or to circumvent any limits on Outputs, including scraping, web harvesting, or web data extraction; (v) use the AI Features for any unlawful purpose or

in violation of applicable law; or (vi) include any unnecessary, inaccurate, or deceptive inputs in an attempt to steer the AI Features to generate inaccurate or deceptive Outputs.

Warranty disclaimer

Drop The Hands and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Drop The Hands and all such parties together, the “Drop The Hands Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services or any Products, and the Drop The Hands Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Drop The Hands Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services including, without limitation, any Products. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS-IS” and without any warranty of any kind from the Drop The Hands Parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY DROP THE HANDS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE DROP THE HANDS PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO DROP THE HANDS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold the Drop The Hands Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account) and any Products, and (b) your violation of these Terms.

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Drop The Hands’ prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of law

These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to the conflicts of laws provisions thereof.

Arbitration agreement

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Drop The Hands and limits the manner in which you can seek relief from Drop The Hands. Both you and Drop The Hands acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Drop The Hands’ officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof. (a) Arbitration rules; applicability of arbitration agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Orange County, Florida. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. (b) Costs of arbitration. The Rules will govern payment of all arbitration fees. Drop The Hands will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Drop The Hands will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. (c) Small claims court; infringement. Either you or Drop The Hands may assert claims, if they qualify, in small claims court in Orange County, Florida or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue

injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. (d) Waiver of jury trial. YOU AND DROP THE HANDS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Drop The Hands are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Drop The Hands over whether to vacate or enforce an arbitration award, YOU AND DROP THE HANDS WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge. (e) Waiver of class or consolidated actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Drop The Hands is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below. (f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: E.B. Mitchell Golf Inc., 401 N. Mills Avenue, Ste B PMB 1116, Orlando, Florida 32803 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement. (g) Exclusive venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Drop The Hands to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Drop The Hands agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Orange County, Florida, or the federal district in which that county falls. (h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Drop The Hands.

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Drop The Hands may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Drop The Hands agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Drop The Hands, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter

of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Drop The Hands, and you do not have any authority of any kind to bind Drop The Hands in any respect whatsoever. Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and Drop The Hands agree there are no third-party beneficiaries intended under these Terms. © 2026 E.B. Mitchell Golf Inc.