These Terms are a contract between you and Quantum Surprise, Unipessoal Lda, NIPC 518 139 247, registered at Caminho dos Picoitos 798x, Santo Estêvão, Tavira, 8800-506, Portugal.
By creating an account, purchasing a membership or using FoCoCo, you agree to these Terms. Please also read the Privacy Policy, Cookie Policy, AI & Coaching Disclosure and Non-Medical Disclaimer.
1. Eligibility
You must be at least 16 years old to create or use a FoCoCo account. By registering, you confirm that you meet this requirement and that the information you provide is accurate. FoCoCo is not offered to children under 16.
2. The FoCoCo service
FoCoCo is an AI-powered Golf Mind Coach delivered through mobile apps and a WebApp. Mobile features are designed to capture relevant moments during and around golf. The WebApp supports review, reflection, insight and continued development. Features may include CoachTalk, GameTrust, voice input, round capture, performance tracking, personalized insights, guided sessions and related tools.
FoCoCo is not a live human professional, medical service or emergency service. We do not guarantee lower scores, improved performance or any particular outcome.
3. Your account
- Keep login details secure and do not share an account.
- Tell us promptly about suspected unauthorized access.
- You are responsible for activity under your account unless caused by our failure to protect the service.
- Do not provide another person’s private information without permission.
4. Memberships, billing and renewal
FoCoCo may offer free access, trials, promotional access and paid memberships. The price, currency, billing period, included features, taxes and renewal terms are displayed before purchase.
- Paid memberships renew automatically for the stated billing period until cancelled.
- Purchases made through Apple are billed and managed by Apple under the applicable App Store terms.
- Purchases made through Google Play are billed and managed by Google under the applicable Google Play terms.
- Web purchases are processed through Stripe on behalf of FoCoCo. FoCoCo remains responsible for the membership supplied through the web purchase.
- A valid membership may provide access to FoCoCo across supported mobile apps and the WebApp when signed in with the same account, subject to platform verification and feature availability.
- Taxes may be included in or added to the displayed price according to your location and the applicable platform.
5. Trials and promotional pricing
Any trial length and conversion date will be shown before you start the trial. Unless cancelled before the trial ends, the membership may convert to the paid plan shown at signup.
Founding Friend or other promotional pricing is personal and non-transferable. Where an offer promises continued promotional pricing, it remains available only while the same eligible membership remains continuously active and in good standing. It may be lost after cancellation or an unresolved payment failure. Taxes, platform fees or legally required price components may change. Promotional pricing does not guarantee that every future FoCoCo product or separately sold service will be included.
6. Cancellation
- Apple purchases must be cancelled in your Apple subscription settings.
- Google Play purchases must be cancelled in your Google Play subscription settings.
- Web purchases may be cancelled through the FoCoCo account or the Stripe customer portal.
- Cancellation stops future renewal. Access normally continues until the end of the paid billing period unless law or the purchase platform provides otherwise.
- Deleting your FoCoCo account does not automatically cancel a subscription managed by Apple or Google. Cancel that subscription separately before deleting the account.
7. Refunds and consumer rights
Refund requests for Apple or Google Play purchases are handled through the relevant platform, without limiting rights that cannot legally be excluded. Refund requests for web purchases should be sent to support@fococo.ai.
Consumers may have mandatory cancellation, conformity, refund or withdrawal rights under the law of their country. Nothing in these Terms limits those rights. Where EU or EEA law gives a 14-day withdrawal right, FoCoCo will provide the legally required information at checkout. If you expressly request immediate performance during that period, the legal consequence will be explained before purchase and any required acknowledgement will be collected separately.
8. Your content and licence
You retain ownership of the rounds, notes, recordings, messages and other content you provide. You grant FoCoCo a limited, worldwide, non-exclusive licence to host, process, reproduce and transform that content only as needed to provide, personalize, secure and support the service and as otherwise described in the Privacy Policy. This licence ends when the content is deleted, except for lawful retention and information already irreversibly anonymized.
9. Acceptable use
You must not:
- Use FoCoCo unlawfully, fraudulently or to harm another person.
- Upload malicious code, infringe rights or attempt unauthorized access.
- Scrape, automate access, bypass limits, reverse engineer or interfere with security, except where mandatory law permits.
- Share, resell or transfer your account or promotional membership.
- Misrepresent AI output as professional medical, psychological or emergency advice.
- Use another person’s data, voice, location or golf information without appropriate permission.
- Attempt to extract confidential system prompts, security controls or proprietary models.
10. AI-generated coaching
FoCoCo uses AI to generate coaching responses, summaries and insights. AI can make mistakes, omit context or produce an unsuitable suggestion. You remain responsible for decisions you make. FoCoCo is not a replacement for a PGA professional, sports psychologist, healthcare professional or emergency service.
11. Third-party services and integrations
FoCoCo relies on services supplied by Apple, Google, Stripe, cloud, AI, voice, email, analytics and other providers. Their independent services may be subject to their own terms and may occasionally be unavailable. External data may be incomplete or inaccurate.
12. Intellectual property
FoCoCo, its software, design, brand, MindGame System, GameTrust, CoachTalk, content and related intellectual property belong to FoCoCo or its licensors. These Terms give you a personal, limited, revocable, non-transferable right to use the service for its intended purpose. No ownership is transferred to you.
13. Service changes and availability
We may improve, update, replace or discontinue features. We will not intentionally remove the core functionality of an active paid plan without reasonable notice, except where urgent action is required for security, legal or technical reasons. We do not promise uninterrupted or error-free operation.
14. Suspension and termination
We may restrict or suspend an account where reasonably necessary to protect users, investigate misuse, comply with law, address non-payment or enforce these Terms. Where appropriate, we will explain the issue and provide a reasonable opportunity to correct it. Serious abuse, fraud, security threats or unlawful conduct may result in immediate action.
You may stop using FoCoCo at any time and may request account deletion. Subscription cancellation and account deletion are separate actions as explained above.
15. Disclaimers and liability
FoCoCo is provided with reasonable care and skill, but insights depend on the quality and completeness of information provided. To the maximum extent permitted by law, FoCoCo is not liable for indirect or consequential loss, lost opportunity, lost data not caused by our breach, or sporting performance outcomes. Nothing excludes liability that cannot legally be excluded, including liability for fraud, wilful misconduct, death or personal injury caused by negligence, or mandatory consumer rights.
16. Indemnity for business misuse
If you use FoCoCo on behalf of a business or professional organization, you agree to indemnify FoCoCo against third-party claims caused by your unlawful misuse or violation of another person’s rights. This section does not apply to consumers acting solely for personal purposes.
17. Governing law and disputes
These Terms are governed by Portuguese law, without depriving consumers of mandatory protections available in their country of residence. Portuguese courts have jurisdiction, subject to mandatory consumer jurisdiction rules.
Please contact support@fococo.ai first so we can try to resolve a concern. Consumers may also use the Portuguese Electronic Complaints Book and applicable consumer alternative-dispute-resolution bodies listed on the Company & Legal Information page. Use of those mechanisms does not remove the right to go to court.
18. Changes to these Terms
We may update these Terms for legal, security, product or operational reasons. We will notify users of material changes before they take effect where reasonably possible. If a change materially disadvantages an active paid consumer, applicable law and any cancellation rights will be respected.
19. Contact
Quantum Surprise, Unipessoal Lda
NIPC 518 139 247
Caminho dos Picoitos 798x, Santo Estêvão, Tavira, 8800-506, Portugal
support@fococo.ai