General Terms and Conditions of Sale (“GTC”) and General Terms and Conditions of Use (“GTCU”)

These General Terms and Conditions of Sale (hereinafter “GTC”) and General Terms and Conditions of Use (“GTCU”) are established in accordance with Article L.441-1 of the French Commercial Code and apply by right to all contracts concluded between:

• ESWING PRO, a simplified joint-stock company with a capital of €15,000, registered with the Annecy Trade and Companies Register under number 979 298 866, having its registered office at 475 RTE DES VERNES, 74370 PRINGY (hereinafter referred to as the “Company”);

• Golf instructors, listed and identified on the EYE SWING Application, who market and provide golf lessons to users, also referred to hereinafter as “Coaches”;

AND

• Users of the Application: clients wishing to book and purchase golf lessons via the Application (hereinafter the “User”).

The Company, the golf instructors or Coaches, and the Users are collectively referred to as the “Parties” and individually as a “Party.”

1) Preamble

The Company has designed, developed, and operates the mobile application EYE SWING, dedicated to connecting golf professionals with individuals (hereinafter the “Application”).

Through this Application, the Company offers golf lessons on behalf of the Coaches, in accordance with the following General Terms and Conditions of Sale and Use.

General Terms and Conditions of Sale

The purpose of these GTC is to govern the terms and conditions of sale of the services offered via the Application to end clients who are connected with golf professionals for the purchase of golf services via the Application.

Users acknowledge that they have carefully read and accepted these GTC before accessing and using the Application to enroll in lessons. These GTC apply to any User regardless of their place of residence, headquarters, or establishment.

These GTC apply to Users primarily acting as individuals or non-professionals, as well as professional Users. However, for professionals, all provisions of the GTC related to consumer rights, particularly regarding withdrawal rights, do not apply as long as they are considered professionals under the law.

By placing an order, the User adheres to these GTC and confirms having read and understood them prior to the order, as well as having full legal capacity to commit under these conditions. The User also acknowledges having read the General Terms and Conditions of Use of the Site and the Application, which are incorporated into the GTC and also have contractual value.

2) Definitions

• Application: Refers to the mobile application EYE SWING, designed and developed by ESWING PRO, which holds all intellectual property rights attached to it, dedicated to connecting golf professionals with clients.

• Client: Any individual or legal entity, primarily individuals, with a personal account on the Application and interested in the golf lessons offered through the Application.

• Coach: Any individual or legal entity engaged in golf instruction, listed on the Application and holding a Personal Account to offer and sell Services to Clients.

• Personal Account: The account created by each User on the Application to access and use the Services.

• Personal Data: Any information allowing direct or indirect identification of an individual (e.g., name, email address, etc.).

• User: Any person using the Application, either as a visitor or as a Client to access the Services, with a Personal Account.

• Services: Golf-related services available on the Application, provided by Coaches.

• Lesson Pack: A package of lessons valid for twelve (12) months from the date of purchase, represented by credits on the Client’s Personal Account.

• Promotional Code: A code granting discounts or benefits on services offered via the Application.

3) Legal Capacity

Accepting these GTC assumes that Users have the necessary legal capacity, or, if applicable, that they have authorization from a guardian, curator, or legal representative if they are minors.

4) Description of Services

The Company operates an Application that facilitates the connection between Clients and Coaches. The Company acts solely as an intermediary in this process.

The Application, with its various options and features, is made available to Clients to access Services provided by Coaches. The terms of access and booking are defined as follows:

• When a Client wishes to book a Service with a Coach, they must first review the conditions and details of the Service provided by the Coach on their profile page before purchasing (e.g., geographical coverage of the Coach).

• The Client must acknowledge these GTC, which are communicated via the Application and must be accepted before any order is validated.

• An agreement between the Client and the Coach is formed only when the Client has accepted the GTC, confirmed the order, and paid for the selected Service via the Application.

• The Client acknowledges that payment does not constitute acceptance of a firm offer and that the completion of the Service depends on the Coach’s confirmation, particularly regarding availability. Coaches are obligated to accept bookings except in cases of Force Majeure (including weather conditions) or if the Coach perceives a security risk.

5) Client Offers and Payment Terms

i. Individual Lessons

• Clients can purchase individual lessons via the Application after creating a Personal Account.

• The Client selects a Coach and a time slot, then completes the payment via credit card on the Application.

• A confirmation email is sent to the Client’s email address upon purchase.

• The lesson is strictly personal and entails an automatic reservation of the selected time slot.

• The Client must arrive at least 15 minutes before the lesson. After this time, the reservation is not guaranteed.

• If a lesson is missed or not canceled under these GTC, no refund or credit will be issued, except in cases of force majeure.

ii. Video Analysis

• The Client can purchase a video analysis service after creating a Personal Account.

• To access the service, the Client must:

  • Log into their Personal Account.

  • Select a Coach offering the video analysis service.

  • Record a video via the Application or upload a video from their gallery.

  • Pay via credit card directly on the Application.

6) Rescheduling and Cancellations

• Individual lessons can be rescheduled or canceled by the Client no later than 48 hours before the scheduled lesson.

• A confirmation email will be sent following any cancellation or rescheduling.

• If canceled within the specified period, the Client will receive a refund credited to their account.

• Missed or unreported lessons will not be refunded unless in cases of force majeure.

• Cancellations or rescheduling requests will not be processed via phone or email, except in cases of force majeure.

7) Refunds

• Individual lesson refunds are granted within 14 days, provided the lesson was not attended.

• Lesson Packs can only be refunded in cases of permanent incapacity (e.g., serious injury) or if withdrawn within 14 days, provided the Pack has not been used.