TERMS & CONDITIONS

Effective Date: 11/09/2025

Last Updated: 11/11/2025

These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between Zyphr Golf ("Company," "we," "us," or "our") and you ("Customer," "Purchaser," "you," or "your") governing your purchase and use of products sold through zyphrgolf.com ("Website") and related channels.

BY COMPLETING A PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY.

1. RETURNS

1.1 Return Eligibility Period

The Company accepts returns within fifteen (15) calendar days from the date of delivery ("Return Period"), subject to the conditions set forth herein.

1.2 Conditions for Return Eligibility

Products shall be eligible for return only if all of the following conditions are satisfied:

(a) The product remains unused and in its original condition;

(b) All original packaging, components, accessories, and documentation are included;

(d) The product has been properly stored and maintained in accordance with care instructions;

(e) Any defect or nonconformity is attributable to manufacturing error rather than customer misuse, neglect, or environmental exposure; and

(f) The return request is initiated within the Return Period.

1.3 Non-Returnable Products

The following products are expressly excluded from return eligibility:

(a) Products damaged by heat, sunlight, moisture, or improper storage conditions;

(b) Products exhibiting signs of use, wear, modification, or alteration;

(d) Custom, personalized, or made-to-order items;

(e) Products designated as clearance, final sale, or otherwise marked as non-returnable;

(f) Products damaged due to misuse, abuse, neglect, or failure to follow care instructions; and

(g) Products that have been disassembled or modified by any party other than the Company.

1.4 Return Procedure

To initiate a return, Customer must:

(a) Contact support@zyphrgolf.com within the Return Period;

(b) Provide the order number, photographic evidence of the product's condition, and detailed reason for return;

(d) Return the product in its original packaging with all components to the address specified by the Company; and

(e) Bear all costs of return shipping unless the product is determined by the Company to be defective upon receipt.

1.5 Refund Processing

Upon receipt and inspection of returned products:

(a) Refunds shall be processed within five to seven (5-7) business days to the original payment method;

(b) Original shipping charges are non-refundable except in cases of defective products;

(d) Products must be received in resalable condition to qualify for refund. The Company reserves the right to deny refunds for products returned in unsatisfactory condition.

2. LIMITED WARRANTY

2.1 Warranty Coverage

The Company warrants that products sold shall be free from defects in materials and workmanship for a period of fifteen (15) calendar days from the date of delivery ("Warranty Period"). This warranty extends solely to the original purchaser and is non-transferable.

2.2 Covered Defects

The warranty covers only the following:

(a) Material defects including cracks, breaks, or structural failures not resulting from customer action or inaction;

(b) Manufacturing errors that materially affect product functionality;

(d) Parts that fail under normal, intended use within the Warranty Period.

2.3 Warranty Exclusions

The warranty expressly does NOT cover:

(a) Damage resulting from heat exposure, improper storage, or adverse environmental conditions;

(b) Normal wear and tear from use;

(c) Cosmetic variations inherent to additive manufacturing processes, including but not limited to layer lines, texture variations, and minor color variance;

(d) Damage from drops, impacts, collisions, or other physical trauma;

(e) Products that have been modified, altered, disassembled (except for routine maintenance), or repaired by anyone other than the Company;

(f) Damage resulting from use of harsh chemicals, solvents, or improper cleaning methods;

(g) Loss, theft, or disappearance of products; and

(h) Damage resulting from failure to follow care and storage instructions.

2.4 Warranty Claim Procedure

To file a warranty claim, Customer must:

(a) Contact support@zyphrgolf.com within the Warranty Period;

(b) Provide the order number, photographic or video evidence of the alleged defect, and detailed description of the issue;

(d) If approved, cooperate in the return of the defective product using a prepaid shipping label provided by the Company; and

(e) Accept the Company's remedy, which may include replacement parts or product at the Company's sole discretion.

2.5 Company Determination

The Company reserves the sole and exclusive right to determine whether any damage, defect, or nonconformity is attributable to manufacturing defect or to customer misuse, environmental factors, or other excluded causes. The Company's determination shall be final and binding. Claims determined to result from improper care, storage, use, or other excluded causes shall be denied.

3. DISCLAIMER OF WARRANTIES

3.1 Exclusive Warranty

THE LIMITED WARRANTY SET FORTH IN SECTION 2 CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY THE COMPANY. THE COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

(a) IMPLIED WARRANTIES OF MERCHANTABILITY;

(b) IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE;

(d) ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

3.2 No Extended Coverage

Except as may be explicitly stated in writing for specific promotional products, the Company does not offer, and Customer shall not be entitled to, lifetime warranties, extended warranty coverage, or any warranty protection beyond the fifteen (15) day Warranty Period.

3.3 "As-Is" Sale of Cosmetic Characteristics

Products are sold "AS-IS" with respect to cosmetic characteristics inherent to additive manufacturing technology. Minor layer lines, texture variations, surface imperfections, and slight color differences are normal, expected, and expressly excluded from warranty coverage.

4. LIMITATION OF LIABILITY

4.1 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO PRODUCTS PURCHASED SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM.

4.2 Exclusion of Consequential Damages

THE COMPANY SHALL NOT BE LIABLE FOR:

(a) Consequential, incidental, indirect, special, punitive, or exemplary damages;

(b) Loss of use, revenue, profits, or business opportunities;

(d) Personal injury or wrongful death (except to the extent prohibited by applicable law);

(e) Costs of procurement of substitute goods or services;

(f) Loss of data or information; or

(g) Any damages arising from improper use, storage, care, or maintenance of products.

4.3 Applicability

The limitations set forth in this Section 4 shall apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and shall survive failure of the essential purpose of any limited remedy.

5. SPECIAL CIRCUMSTANCES AND DISCRETIONARY EXCEPTIONS

5.1 Case-by-Case Consideration

While the Company's standard return and warranty period is fifteen (15) days, the Company may, in its sole and absolute discretion, consider exceptions on a case-by-case basis for extraordinary circumstances, including but not limited to:

(a) Circumstances beyond Customer's reasonable control;

(b) Shipping delays that materially prevented timely inspection of products; or

(c) Products that develop defects shortly after expiration of the fifteen (15) day period due to latent manufacturing issues.

5.2 Exception Request Procedure

To request an exception, Customer must contact support@zyphrgolf.com and provide:

(a) Order number and date of purchase;

(b) Detailed explanation of circumstances warranting exception;

(d) Explanation of the reason for delayed claim submission.

5.3 No Obligation or Precedent

Exceptions are granted solely at the Company's discretion and are not guaranteed. The Company has no obligation to grant exceptions, and approval of any exception shall not create precedent, expectation, or obligation for future claims. Each request shall be evaluated independently based on its unique facts and circumstances.

6. SHIPPING AND DELIVERY

6.1 Transfer of Risk

Risk of loss and title to products shall pass to Customer upon delivery to the shipping carrier. The Company shall not be responsible for:

(a) Shipping carrier delays, errors, or failures;

(b) Lost, stolen, or damaged packages following carrier delivery confirmation;

(d) Packages left unattended in accordance with carrier delivery protocols; or

(e) Any acts or omissions of third-party carriers.

6.2 Shipping Damage

If products arrive with visible shipping damage, Customer must:

(a) Refuse delivery or note damage on the delivery receipt;

(b) Photograph damaged packaging and products;

(d) Cooperate with the Company's efforts to file a carrier claim and arrange replacement.

Claims for shipping damage must be submitted within forty-eight (48) hours of delivery. The Company reserves the right to deny claims submitted after this period.

7. MODIFICATIONS AND ALTERATIONS

7.1 Voiding of Warranty

Any modification, alteration, disassembly (except for routine maintenance as specified by the Company), or repair of products by any party other than the Company shall immediately and automatically void all warranties, return eligibility, and any other remedies provided under these Terms.

7.2 Authorized Replacement Parts

Use of official Zyphr Golf replacement parts purchased through Zyphr Arsenal for routine maintenance in accordance with Company instructions shall not void warranty coverage on unaffected components, provided such use does not contribute to the defect or damage at issue.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Proprietary Rights

All product designs, configurations, names, logos, trade dress, and associated intellectual property are the exclusive property of the Company and are protected by patent, trademark, copyright, and trade secret laws. The ZMag design and mechanism are patent pending.

8.2 Prohibition on Reproduction

Customer shall not reproduce, copy, manufacture, reverse engineer, or create derivative works based on Company products, designs, or intellectual property. Unauthorized commercial copying, manufacture, or distribution shall subject the offending party to legal action and liability for damages, injunctive relief, and attorneys' fees.

9. PRIVACY POLICY

9.1 Our Commitment to Privacy

The Company respects Customer's privacy and is committed to protecting personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard information when Customer visits the Website or makes a purchase.

9.2 Information We Collect

Information You Provide to Us:

The Company collects information that Customer voluntarily provides when making a purchase or contacting us, including:

(a) Personal identifiers: name, email address, shipping address, billing address, and phone number;

(b) Payment information: credit card details, billing information (processed securely through third-party payment processors);

(d) Communications: correspondence with customer support, inquiries, feedback, and reviews; and

(e) Account information: if Customer creates an account, login credentials and account preferences.

Information Collected Automatically:

When Customer visits the Website, certain information is automatically collected, including:

(a) Device and browser information: IP address, browser type and version, operating system, device identifiers;

(b) Usage data: pages visited, time spent on pages, links clicked, referring URLs, search queries;

(d) Cookies and tracking technologies: data collected through cookies, web beacons, and similar technologies as described in Section 9.8.

9.3 How We Use Your Information

The Company uses collected information for the following purposes:

(a) Order Processing and Fulfillment: to process transactions, fulfill orders, arrange shipping, and provide order confirmations and updates;

(b) Customer Service: to respond to inquiries, provide customer support, handle returns and warranty claims, and communicate about products and services;

(c) Marketing Communications: to send promotional emails, newsletters, product announcements, and special offers (Customer may opt out at any time);

(d) Website Improvement: to analyze website usage, improve user experience, develop new features, and enhance product offerings;

(e) Fraud Prevention and Security: to detect and prevent fraudulent transactions, protect against unauthorized access, and ensure website security;

(f) Legal Compliance: to comply with applicable laws, regulations, legal processes, and governmental requests;

(g) Business Operations: to maintain records, conduct internal research and analytics, and perform accounting and administrative functions; and

(h) Personalization: to customize content, recommendations, and advertising based on preferences and browsing history.

9.4 Information Sharing and Disclosure

The Company does not sell, rent, or trade Customer personal information to third parties for their marketing purposes. We may share information in the following circumstances:

Service Providers:

We share information with third-party service providers who perform services on our behalf, including:

(a) Payment processors: to securely process credit card transactions and handle billing;

(b) Shipping carriers: to fulfill and deliver orders;

(d) Website hosting and maintenance providers: to operate and maintain the Website;

(e) Analytics providers: to analyze website traffic and user behavior; and

(f) Customer service platforms: to manage support inquiries and communications.

These service providers are contractually obligated to use information only for the purposes of providing services to us and are required to maintain confidentiality.

Legal Requirements:

We may disclose information when required by law or in response to:

(a) Valid legal processes such as subpoenas, court orders, or search warrants;

(b) Requests from law enforcement or government agencies;

(d) Protection of the Company's rights, property, or safety, or that of our customers or the public; or

(e) Enforcement of our legal rights or defense of legal claims.

Business Transfers:

In the event of a merger, acquisition, reorganization, bankruptcy, or sale of assets, Customer information may be transferred to the acquiring or successor entity. Customer will be notified via email or prominent notice on the Website of any such change in ownership or control.

With Consent:

We may share information with third parties when Customer has provided explicit consent for such disclosure.

9.5 Data Security

The Company implements commercially reasonable technical, administrative, and physical security measures designed to protect Customer information from unauthorized access, disclosure, alteration, and destruction. These measures include:

(a) Encryption of sensitive data during transmission using Secure Socket Layer (SSL) technology;

(b) Secure storage of information on protected servers with restricted access;

(d) Employee training on data protection and confidentiality obligations; and

(e) Use of PCI-compliant payment processors for handling credit card information.

However, no method of transmission over the Internet or electronic storage is completely secure. While we strive to protect Customer information, we cannot guarantee absolute security. Customer acknowledges and accepts the inherent risks of providing information online.

9.6 Data Retention

The Company retains Customer information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. Retention periods vary depending on the type of information and purpose:

(a) Transaction data: retained for accounting, tax, and legal compliance purposes, typically for seven (7) years or as required by applicable law;

(b) Marketing communications: retained until Customer opts out or requests deletion;

(d) Website analytics: aggregated and anonymized data may be retained indefinitely for business analysis; and

(e) Account information: retained until Customer requests account closure or deletion.

Upon expiration of the retention period, information will be deleted, anonymized, or aggregated in a manner that prevents identification.

9.7 Your Privacy Rights

Access and Correction:

Customer has the right to access personal information we hold and request correction of inaccurate or incomplete information. To exercise this right, contact us at support@zyphrgolf.com.

Deletion:

Customer may request deletion of personal information, subject to certain exceptions where we are required or permitted by law to retain information (such as transaction records for tax purposes or to resolve disputes).

Opt-Out of Marketing:

Customer may opt out of receiving promotional emails by:

(a) Clicking the "unsubscribe" link included in marketing emails; or

(b) Contacting us at support@zyphrgolf.com with the request to be removed from marketing lists.

Please note that opting out of marketing communications does not affect transactional emails related to orders, shipping, returns, or account activity.

Do Not Track:

Some browsers include "Do Not Track" signals. The Website does not currently respond to Do Not Track signals, as there is no industry-wide standard for implementation.

California Privacy Rights:

California residents have additional rights under the California Consumer Privacy Act (CCPA), including:

(a) Right to know what personal information is collected, used, shared, or sold;

(b) Right to request deletion of personal information;

(d) Right to non-discrimination for exercising privacy rights; and

(e) Right to designate an authorized agent to make requests on their behalf.

To exercise these rights, California residents may contact us at support@zyphrgolf.com with "CCPA Request" in the subject line.

Other Jurisdictions:

Residents of other jurisdictions may have additional privacy rights under applicable laws. Contact us to inquire about rights specific to your location.

9.8 Cookies and Tracking Technologies

What Are Cookies:

Cookies are small text files placed on Customer's device by websites visited. They are widely used to make websites function efficiently and provide information to website owners.

Types of Cookies We Use:

(a) Essential Cookies: necessary for the Website to function properly, including cookies that enable shopping cart functionality and secure checkout;

(b) Performance Cookies: collect information about how visitors use the Website, such as pages visited and error messages, to help us improve Website performance;

(c) Functionality Cookies: remember Customer preferences and choices (such as language or region) to provide enhanced, personalized features; and

(d) Targeting/Advertising Cookies: used to deliver relevant advertisements and track advertising campaign effectiveness. These may be set by third-party advertising networks.

Managing Cookies:

Customer can control and manage cookies through browser settings. Most browsers allow you to:

(a) View and delete cookies;

(b) Block third-party cookies;

(d) Block all cookies; or

(e) Delete all cookies when closing the browser.

Please note that disabling cookies may affect Website functionality and Customer's ability to use certain features, including making purchases.

Third-Party Analytics:

We may use third-party analytics services (such as Google Analytics) to analyze Website traffic and user behavior. These services use cookies and similar technologies to collect and analyze information. Analytics providers may share aggregated information with other services or use it for their own purposes in accordance with their privacy policies.

9.9 Third-Party Links

The Website may contain links to third-party websites, services, or resources not operated by the Company. We are not responsible for the privacy practices, content, or terms of use of third-party sites. This Privacy Policy does not apply to third-party websites. We encourage Customer to review the privacy policies of any third-party sites before providing personal information.

9.10 Children's Privacy

The Website is not intended for use by individuals under the age of thirteen (13). The Company does not knowingly collect personal information from children under 13. If we become aware that we have inadvertently collected information from a child under 13, we will take prompt steps to delete such information. If you believe we have collected information from a child under 13, please contact us immediately at support@zyphrgolf.com.

9.11 Email Communications

Transactional Emails:

When Customer makes a purchase, they will receive transactional emails necessary to complete and manage the order, including:

(a) Order confirmations;

(b) Shipping notifications and tracking information;

(d) Return and refund status updates; and

(e) Customer service responses.

Customer cannot opt out of transactional emails, as they are necessary to provide purchased services.

Marketing Emails:

Customer may receive promotional emails, newsletters, and announcements about products, special offers, and Company news. These communications are optional, and Customer may unsubscribe at any time by clicking the "unsubscribe" link in any marketing email or contacting us at support@zyphrgolf.com.

9.12 International Data Transfers

The Company is based in the United States, and information collected through the Website is stored and processed in the United States. If Customer is located outside the United States, please be aware that information provided will be transferred to, stored, and processed in the United States, where data protection laws may differ from those in Customer's country of residence. By using the Website and providing information, Customer consents to such transfer and processing.

9.13 Changes to Privacy Policy

The Company reserves the right to modify, amend, or update this Privacy Policy at any time to reflect changes in our practices, technology, legal requirements, or other factors. Changes will be effective immediately upon posting on the Website with an updated "Last Updated" date at the top of this section.

We encourage Customer to review this Privacy Policy periodically. Continued use of the Website following the posting of changes constitutes acceptance of the revised Privacy Policy. For material changes that significantly affect Customer's rights, we may provide additional notice through email or prominent Website notification.

9.14 Contact Us Regarding Privacy

Questions, concerns, or requests regarding this Privacy Policy or our data practices may be directed to:

Email: support@zyphrgolf.com

Subject Line: Privacy Inquiry

Please include "Privacy Request" or "CCPA Request" (for California residents) in the subject line to ensure prompt handling of your inquiry.

We will respond to privacy-related inquiries within a reasonable timeframe, typically within thirty (30) days of receipt.

10. ASSUMPTION OF RISK

By purchasing and using Company products, Customer acknowledges, understands, and voluntarily assumes all risks associated with:

(a) Use of products manufactured through additive manufacturing processes in various environmental conditions;

(b) Storage and transportation of products;

(d) Potential for material degradation over time due to environmental exposure; and

(e) Any other risks inherent in the purchase and use of Company products.

11. INDEMNIFICATION

Customer agrees to indemnify, defend, and hold harmless the Company, its owners, officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees and costs) arising from or related to:

(a) Customer's misuse, abuse, or negligent use of products;

(b) Customer's failure to follow care, storage, or usage instructions;

(d) Use of products beyond their intended purpose or in violation of these Terms;

(e) Claims by third parties related to Customer's use, possession, or disposition of products; or

(f) Customer's breach of these Terms.

12. DISPUTE RESOLUTION

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law principles.

12.2 Jurisdiction and Venue

Any legal action or proceeding arising from or related to these Terms or products purchased shall be brought exclusively in the state or federal courts located in Oakland County, Michigan. Customer hereby consents to the personal jurisdiction of such courts and waives any objection to venue.

12.3 Binding Arbitration

Except for actions seeking injunctive relief or matters within the jurisdiction of small claims court, Customer agrees that any dispute, claim, or controversy arising from or relating to these Terms, the purchase of products, or the use of products shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Oakland County, Michigan. Judgment on the arbitration award may be entered in any court having jurisdiction. This arbitration provision shall survive termination of these Terms.

12.4 Waiver of Class Actions

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER AGREES THAT ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. CUSTOMER WAIVES THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING.

13. GENERAL PROVISIONS

13.1 Modifications to Terms

The Company reserves the right to modify, amend, or update these Terms at any time without prior notice. Changes shall be effective immediately upon posting on the Website. Customer's continued purchase or use of products following any modification constitutes acceptance of the modified Terms. Customer is responsible for reviewing these Terms periodically.

13.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

13.3 Waiver

No waiver of any provision of these Terms shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. The Company's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.4 Entire Agreement

These Terms constitute the entire agreement between the Company and Customer regarding the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral. No oral or written statements, representations, or agreements outside these Terms shall create additional obligations or warranties.

13.5 Assignment

Customer may not assign, transfer, or delegate these Terms or any rights or obligations hereunder without the Company's prior written consent. The Company may assign these Terms without restriction. Any attempted assignment in violation of this provision shall be void.

13.6 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

14. CONTACT INFORMATION

For returns, warranty claims, inquiries, or requests:

Email: support@zyphrgolf.com

Response Time: The Company aims to respond within 24-48 business hours during normal business operations.

Required Information for Claims:

Order number and proof of purchase
Photographic or video evidence (for defect or damage claims)
Detailed description of issue or inquiry

15. ACKNOWLEDGMENT AND ACCEPTANCE

BY COMPLETING A PURCHASE ON ZYPHRGOLF.COM OR THROUGH ANY COMPANY SALES CHANNEL, CUSTOMER ACKNOWLEDGES AND CONFIRMS THAT CUSTOMER HAS:

✓ Read and understood these Terms in their entirety;

✓ Understood that products are manufactured using additive manufacturing technology and may exhibit minor cosmetic variance;

✓ Accepted responsibility for proper storage, care, and maintenance of products;

✓ Acknowledged the fifteen (15) day return and warranty period;

✓ Agreed not to store products in hot vehicles, direct sunlight, or extreme environmental conditions;

✓ Understood that environmental damage, misuse, and improper storage are not covered under warranty;

✓ Accepted the limitation of liability and disclaimer of warranties set forth herein;

✓ Read and understood the Privacy Policy and consented to the collection, use, and disclosure of information as described; and

✓ Agreed to be bound by all terms and conditions contained in this Agreement.