End-User License Agreement
Table of Contents
Introduction and Acceptance
- This End User License Agreement ("EULA") is a legal agreement between you (the "User") and GolfGuiders, Inc. ("GolfGuiders," "we," "us," or "our"). By downloading, installing, or using the GolfGuiders mobile application (the "App"), you acknowledge that you have read and understood this EULA and agree to be bound by its terms. If you do not agree with these terms, do not download, install, or use the App.
- Contracting Parties: This EULA is concluded between you and GolfGuiders, Inc. only, not with Apple Inc. or Google LLC. GolfGuiders, Inc. is solely responsible for the App and its content. Apple, Google, and any other app store or platform provider (each an "App Store Provider") are not parties to this EULA.
- App Store Terms: Your use of the App is also subject to the terms and conditions of the App Store Provider from which you downloaded the App (e.g., the Apple App Store or Google Play Store). You must comply with those third-party terms of service, which are incorporated by reference. In case of any conflict, the terms of this EULA will apply between you and GolfGuiders.
- Acceptance: By using the App, you represent that you are legally competent to enter into this Agreement. If you are using the App on behalf of an organization, you represent that you have the authority to bind that organization to this EULA.
License Grant and Scope
- GolfGuiders grants you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use, strictly in accordance with this EULA. This license allows you to install and use the App on mobile devices that you own or control. For iOS users, this license is further limited to use on any Apple-branded products that you own or control and as permitted by Apple's App Store Usage Rules; for Android users, your use must comply with the Google Play Store rules and policies.
- No Ownership Transfer: This App is licensed, not sold, to you. GolfGuiders retains all rights, title, and interest in and to the App (and all content, features, and data within the App), including any updates or enhancements provided to you. You are granted no rights in or to the App other than the limited license above.
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License Restrictions: You agree that you will not, nor permit anyone else to:
- Copy, modify, adapt, translate, or create derivative works of the App, except as expressly allowed by this EULA or applicable law.
- Reverse engineer, decompile, decrypt, or disassemble the App or otherwise attempt to extract the source code, except to the extent that this restriction is expressly prohibited by law.
- Rent, lease, lend, sell, redistribute, or sublicense the App, or make the App available over a network where it could be used by multiple devices at the same time, without our prior written permission.
- Use the App in any manner that could damage, disable, overburden, or impair our services, or interfere with any other party's use and enjoyment of the App.
- Circumvent or attempt to circumvent any technological measures or security features of the App or any content contained or accessed through the App.
Accounts and Eligibility
- User Account: To access certain features of the App, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and all activities that occur under your account.
- Age Requirement: You must be at least 13 years old (or the minimum legal age in your jurisdiction) to use the App. If you are between 13 and 18 (or the age of majority in your jurisdiction), you may only use the App under the supervision of a parent or legal guardian who agrees to be bound by this EULA. By creating an account or using the App, you represent that you meet the applicable age requirement.
- Account Security: You are responsible for all usage of the App through your account. Keep your login credentials secure and notify us immediately at support@golfguiders.com if you suspect any unauthorized use of your account. GolfGuiders is not liable for any loss or damage arising from your failure to safeguard your account.
- Accuracy of Information: You agree that all information you provide to GolfGuiders (including during registration and in connection with any purchases) will be truthful and accurate. Misrepresentation of your identity or impersonation of any person is strictly prohibited.
- Legal Compliance: By using the App, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree to comply with all applicable laws and regulations in your use of the App.
Subscriptions and In-App Purchases
- GolfGuiders may offer content, services, or features for purchase through the App, including one-time in-app purchases and recurring subscription services (collectively, "Paid Services"). Additional terms and conditions may apply to these Paid Services, which are incorporated into this EULA by reference. By making a purchase, you agree to the following:
- Payment and Billing: All payments for Paid Services will be processed through the App Store Provider (e.g., Apple or Google) from which you downloaded the App. You must have a valid account with the App Store Provider and comply with its payment terms and conditions. GolfGuiders does not collect or store your financial information (such as credit card numbers); all billing information is handled by the App Store Provider.
- Subscriptions: If you purchase a subscription, it will automatically renew at the end of each subscription period (e.g., monthly or annually) unless you cancel the subscription at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the rate of the selected plan. You can manage or cancel subscriptions at any time through your device's account settings in the Apple App Store or Google Play Store.
- Free Trials and Promotions: GolfGuiders may offer free trials or promotional subscriptions for a limited period. If you do not cancel a subscription within the trial period, you will be automatically charged the applicable subscription fee at the end of the trial. Promotional offers may be subject to additional terms, and eligibility is determined by GolfGuiders at its sole discretion.
- In-App Purchases: In-app purchases (such as digital goods, content packs, or feature unlocks) are consumable or non-consumable digital content made available for use within the App. All in-app purchases are final and non-refundable, except where expressly required by applicable law or by the App Store Provider's refund policy. Non-consumable purchases (e.g., a one-time unlock) can generally be restored on a new device using the same App Store account. Consumable purchases (e.g., virtual items that are depleted with use) cannot be restored once used.
- Pricing and Changes: Prices for Paid Services are displayed within the App and are subject to change. GolfGuiders may modify the pricing for subscriptions or in-app purchases at any time. For subscription price changes, we will provide you with advance notice via the App or your account email. Price changes will take effect at the start of the next subscription period following the notice. If you do not agree to a price change, you must cancel your subscription before the next renewal to avoid being charged the new rate.
- Taxes: Purchases may include sales tax, VAT, or other government charges, depending on your billing address. Any such taxes will be collected by the App Store Provider in accordance with applicable law.
- No Refunds: Except as required by law or the App Store Provider's policies, all charges and fees are non-refundable. This includes the unused portion of a subscription if your access is terminated by you or by us. If you believe you are entitled to a refund (for example, if you were charged in error), you must contact the App Store Provider (Apple or Google) for assistance, as refunds for purchases are handled by them under their terms.
Acceptable Use and Community Guidelines
- We are committed to maintaining a friendly, safe, and respectful community of users. GolfGuiders has no tolerance for objectionable content or abusive behavior. By using the App, you agree to interact with others respectfully and adhere to the following community guidelines and rules of conduct:
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Prohibited Content: You will not post, share, or transmit any content that:
- Is illegal, fraudulent, or encourages illegal activity (including any content that promotes harm to self or others, violence, or the use of illegal substances).
- Is hateful, harassing, threatening, or advocates violence or hatred against others; this includes content that is derogatory or discriminatory towards any individual or group.
- Is obscene, pornographic, or sexually explicit; or is otherwise offensive or in poor taste, as determined by GolfGuiders.
- Is defamatory, libelous, or unlawfully invasive of another's privacy or publicity rights.
- Infringes or violates the intellectual property rights or any other rights of any third party (e.g., do not post content you do not have the right to share).
- Contains spam, advertising, solicitations, or promotional materials not related to the intended use of the App (no unsolicited or commercial messages).
- Contains viruses, malware, or any other harmful code that could damage or interfere with the App or the devices of other users.
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Prohibited Conduct: In your use of the App and interactions with others, you agree that you will not:
- Harass, bully, stalk, intimidate, or engage in any form of abusive behavior toward any other user or GolfGuiders personnel.
- Impersonate any person or entity, or falsely state or misrepresent yourself (for example, do not pretend to be another user, a celebrity, a GolfGuiders employee, or anyone else you are not).
- Attempt to gain unauthorized access to the App, other users' accounts, or any computer systems or networks connected to the App (no hacking, password mining, or any other illegitimate means).
- Exploit, distribute, or publicly inform other users of any App error, bug, or vulnerability that provides an unintended advantage or violates the letter or spirit of this EULA.
- Use the App for any commercial purpose or for the benefit of any third party, except as expressly permitted by GolfGuiders. The App is for personal use only; you may not use it to advertise or sell products or services to others.
- Collect or harvest any information about other users through the App (such as personal data or information about gameplay or usage) without their consent and without complying with applicable data protection laws.
- Abuse OTP verification systems by generating repeated, automated, or fraudulent OTP requests, including through use of fake, disposable, or unauthorized phone numbers.
- Moderation and Enforcement: GolfGuiders reserves the right (but has no obligation) to monitor user behavior and content within the App to ensure compliance with these guidelines. We may remove or disable any content that violates this EULA or our policies, and we may suspend or terminate your account for any conduct that we deem offensive, illegal, or in violation of these terms (see Termination below). Our decision on these matters is final.
- Reporting: If you encounter content or behavior that violates these Community Guidelines, you can report it to us through the App or via email at support@golfguiders.com. We will review reports and take action at our discretion. We encourage users to maintain a supportive community by reporting misconduct respectfully and truthfully.
- No Tolerance: There is zero tolerance for objectionable content or abusive users on GolfGuiders. Users who engage in prohibited behavior or contribute prohibited content may be subject to immediate removal of content, account suspension, or permanent ban from the App without prior notice.
- By adhering to these guidelines, you help keep GolfGuiders a welcoming and enjoyable community for all users who love golf. Thank you for your cooperation and good sportsmanship.
User-Generated Content
- The App may allow you and other users to create, submit, upload, post, or share content such as text, images, videos, profiles, comments, and other materials ("User Content"). You retain any intellectual property rights you already hold under law in the User Content you provide, subject to the rights, licenses, and permissions in this EULA:
- License to GolfGuiders: By submitting or posting User Content on or through the App, you grant GolfGuiders a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify (for technical purposes, e.g., making sure content fits on our platform), adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in connection with operating the App and providing our services. This license is solely for the purpose of displaying and distributing your content on the App (and related platforms, such as official social media accounts for promotional purposes, if applicable) and to fulfill any purpose that you specifically authorize.
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Your Responsibilities: You are solely responsible for the User Content you create, post, or share. You represent and warrant that you own or have obtained all necessary rights, licenses, consents, and permissions to post the content and to grant GolfGuiders the rights granted in this EULA. This means:
- Your User Content should not include any material that you do not have permission to use (for example, music, videos, photos or text that are owned by someone else and used without their permission).
- If your content depicts any person other than yourself, you have obtained that person's consent to include them and to allow GolfGuiders to use the content as permitted by this EULA.
- Your User Content does not violate any laws or rights of any person or entity (including privacy rights, publicity rights, and intellectual property rights as mentioned above).
- No Endorsement: GolfGuiders does not endorse any User Content or any opinion, recommendation, or advice expressed therein. We are not responsible for monitoring or filtering User Content. However, we reserve the right to remove, screen, or edit any User Content at any time and for any reason without notice. We also do not guarantee the accuracy, integrity, or quality of any content posted by users. By using the App, you understand that you may encounter content that you consider objectionable or inappropriate, and you use the App at your own risk.
- Content Removal: GolfGuiders may remove or disable your User Content if we determine, in our sole discretion, that it violates this EULA or any applicable policy, or for any other reason. We are not responsible for any failure or delay in removing such content. If your content is removed and you believe this was in error, you may contact us to request a review, but we are not obligated to restore content that violates our terms.
- User Feedback: If you provide GolfGuiders with any ideas, suggestions, or feedback about the App or our services ("Feedback"), you acknowledge that such Feedback is given voluntarily. You agree that GolfGuiders may use, disclose, reproduce, modify, license, distribute, and exploit the Feedback freely, without any obligation to you (financial or otherwise), and you waive any claim of ownership or compensation in relation to our use of any Feedback.
Ownership and Intellectual Property
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GolfGuiders' Intellectual Property: All rights, title, and interest in and to the App, including but not limited to software code, graphics, user interface design, compilation of user data, and any content provided by GolfGuiders (such as text, images, video, tutorials, or other materials created by or for GolfGuiders), are the exclusive property of GolfGuiders, Inc. or its licensors.
The GolfGuiders name, logo, and all related product and service names are our trademarks (whether registered or unregistered). This EULA and your use of the App do not grant you any ownership of or rights to any aspect of the App or our trademarks, except the limited usage rights granted above. - Intellectual Property of Others: GolfGuiders respects intellectual property rights. If you believe the App or any content within it infringes your copyright or other intellectual property rights, please contact us at the address provided under Contact Information with details of the alleged infringement. We reserve the right to remove content that we suspect infringes someone's intellectual property in accordance with applicable laws (such as the Digital Millennium Copyright Act "DMCA" in the United States).
- Restrictions: Nothing in this EULA permits you to use GolfGuiders' trademarks, logos, or other proprietary graphics or scripts without our prior written permission. You may not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices on any portion of the App or content.
- Third-Party Content: The App may display or make available content that is owned by third parties (for example, a golfing article, a third-party video, or a course map data). Such content is the property of its respective owners and may be protected by intellectual property laws. Your use of third-party content may be subject to the terms of the third party that provides it (see Third-Party Services below). You have no right to use any third-party content outside of the App without permission from the owner.
- Third-Party Claims: In the event a third party claims that the App, or your possession and use of the App, infringes that third party’s intellectual property rights, GolfGuiders (and not Apple or Google) will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You agree to notify us promptly of any such claim.
Third-Party Services and Terms
- Integration with Third-Party Services: The App may integrate with or provide links to third-party services, websites, or content that are not owned or controlled by GolfGuiders (for example, a link to a golf merchandise store, integration with a social network to share your progress, or use of a mapping service to show golf course locations). Use of any third-party services or content is subject to those third parties' terms and privacy policies, not this EULA.
- No Endorsement or Control: GolfGuiders does not endorse or assume any responsibility for any such third-party services or content. If you access a third-party website or service from the App, you do so at your own risk, and you understand that this EULA and GolfGuiders' Privacy Policy do not apply to your use of those external sites or services.
- Third-Party Terms of Use: You agree to comply with all applicable third-party terms of agreement when using the App. This includes, for example, any terms of your wireless data service plan when using the App (you are solely responsible for any fees charged by your carrier for data use), and any terms and conditions of any platform (such as Facebook, Twitter, or other social media) that you connect to through the App.
- App Store Provider Terms: As noted, your use of the App must also comply with the terms of the App Store Provider (e.g., Apple Media Services Terms and Conditions for iOS users, or Google Play Terms of Service for Android users). If using an iOS device, your use of the App must be as permitted by Apple's Usage Rules set forth in the App Store Terms; if using Android, your use must comply with Google Play's terms and policies.
- Third-Party Software: The App may include or incorporate certain open-source or third-party software components that are governed by separate license terms. In such cases, those license terms will govern your use of the respective components, and such licenses are incorporated by reference herein. We will provide attributions or links to these third-party licenses within the App or on our website as required by the respective licenses.
- No Liability for Third Parties: GolfGuiders is not responsible for the content, accuracy, or opinions expressed in third-party services or content that are linked or integrated with our App. Your interactions with third-party providers are solely between you and the third party. GolfGuiders will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party resources on the App.
Privacy and Data
- Your privacy is important to us. Our practices concerning the collection, use, and disclosure of user data (including personal information) are described in our Privacy Policy, which is available on our website and may be updated from time to time. By using the App, you acknowledge that you have read our Privacy Policy and understand how we collect and use your information. Some key points include:
- Data Collection: GolfGuiders may collect certain information from you and your device in order to provide the App's services (for example, account information you provide, usage data, location data for course mapping features, etc.). We use this data in accordance with our Privacy Policy to operate, maintain, and improve the App and to personalize your experience. We may also use fallback location data derived from your phone network (when GPS is off) to provide localized experiences, such as suggesting nearby golfers, relevant tournaments, and feed content based on approximate coordinates. You acknowledge and agree that this fallback method is used solely to maintain basic service functionality when GPS is disabled, and the precision of such data may be limited.
- User Data Rights: Depending on your jurisdiction, you may have legal rights with respect to your personal data, such as the right to access, correct, or delete information we have about you, or to object to certain processing. We will honor these rights as described in our Privacy Policy and under applicable law. For example, if you are located in the European Economic Area or California, you have specific rights under GDPR or CCPA, respectively; please refer to the Privacy Policy for details and contact us if you wish to exercise any data rights.
- Consent: By using the App, you consent to the collection and use of information about you as outlined in the Privacy Policy. If we need to use your information for any purpose not described in the Privacy Policy, we will seek your consent as required by law.
- Data Security: GolfGuiders takes reasonable measures to protect your personal data from unauthorized access, loss, misuse, or alteration. However, no method of transmission over the Internet or electronic storage is completely secure. Therefore, we cannot guarantee absolute security. You are responsible for maintaining the security of your device and any sensitive data stored on it.
- Third-Party Analytics and Advertising: The App may use third-party analytics tools (e.g., Google Analytics for Firebase) or advertising networks which may collect data about how you use the App and provide tailored ads. These third parties operate under their own privacy policies. See our Privacy Policy for information on how to opt-out of certain data collection or targeted advertising, if applicable.
- Children's Privacy: We do not knowingly collect personal information from children under 13 (or the applicable age in your jurisdiction) without parental consent. If you are aware of a user under the required age using the App, please contact us so we can take appropriate action (such as blocking or deleting the account and any related information).
Maintenance and Support
- Developer Responsibility: GolfGuiders, Inc. is solely responsible for providing any maintenance and support services for this App. We may, from time to time, release updates, patches, or new versions of the App and will, at our discretion, provide support to address issues or improve the user experience.
- No App Store Obligation: You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance or support services for the App. Any support inquiries or issues should be directed to GolfGuiders, not the App Store Provider. You can reach us using the contact information provided below if you need help or have questions about the App.
- Service Availability: We strive to keep the App up and running smoothly at all times, but we do not guarantee uninterrupted availability. From time to time, the App may be unavailable due to scheduled maintenance, updates, or unforeseen outages. GolfGuiders is not liable for any downtime or loss of access to the App, but we will make reasonable efforts to inform you of significant outages or maintenance periods.
- User Responsibility: You are responsible for having compatible hardware and software (including a supported mobile device and internet access) to use the App and for any fees or charges incurred by your internet or mobile service providers in connection with your use of the App.
Software Updates
- As mentioned, we may provide updates to the App to introduce new features or fix bugs and improve performance. All updates, upgrades, and new versions of the App are subject to this EULA, unless they come with a separate EULA. GolfGuiders reserves the right to require you to install the latest version of the App to continue accessing certain features or the App itself.
- Automatic Updates: By installing the App, you agree that the App may automatically download and install updates from time to time from GolfGuiders or the App Store Provider. These updates are designed to improve, enhance, and further develop the App and may take the form of bug fixes, enhanced functions, new software modules, or entirely new versions.
- Consent to Updates: You consent to receive such updates (and permit GolfGuiders or the App Store Provider to deliver these to you) as part of your use of the App. If your device settings allow, updates may happen automatically. If you prefer to manually install updates, you can adjust your device settings accordingly, but it will be your responsibility to download any updates promptly. Failure to install updates may result in certain features or the entire App becoming inaccessible or not functioning properly.
- Changes to App: We reserve the right to modify or discontinue, temporarily or permanently, the App or any features or portions thereof without prior notice. You agree that GolfGuiders shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App or any part of it. We will not be obligated to provide any refunds for Paid Services due to modifications or discontinuation, except at our discretion or as required by law.
Warranty Disclaimer
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The App is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by applicable law, GolfGuiders disclaims all warranties, whether express, implied, or statutory, regarding the App and any services or content provided through the App. This includes, but is not limited to, any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, or non-infringement. We do not guarantee that:
- The App will meet your requirements or expectations,
- The App will be uninterrupted, timely, secure, or error-free,
- Any information or results obtained through the App will be accurate or reliable, or
- Any defects or errors in the App will be corrected.
- No Warranty by App Store Providers: You acknowledge that Apple and Google (and any other App Store Provider) have no responsibility for any warranties, whether express or implied by law, on the App. In the event of any failure of the App to conform to any applicable warranty that is not effectively disclaimed, you may notify the App Store Provider (e.g., Apple or Google, as appropriate), and the App Store Provider may refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, the App Store Provider will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty will be the sole responsibility of GolfGuiders.
- Not Professional Advice: Any information or guidance provided through the App (such as golfing tips, training advice, scores, or community discussions) is for informational and recreational purposes only. GolfGuiders is not responsible for how you interpret or use this information. We do not warrant the accuracy or applicability of any advice or information provided in the App to your specific situation. Always use common sense and, if appropriate, seek professional advice (for example, from a coach or medical professional) before relying on information from the App. You assume all risk for actions taken based on information provided through the App.
- Your Responsibilities: It is your responsibility to use the App in a safe and prudent manner. If the App includes augmented reality features, GPS mapping, or other interactive elements, be aware of your surroundings and do not rely solely on the App for safety or emergency needs. GolfGuiders makes no warranty that the App is appropriate or available for use in any particular location. Those who access or use the App do so at their own volition and are responsible for compliance with local law.
- Some jurisdictions do not allow the exclusion of certain warranties or limitations on applicable statutory rights of a consumer, so some of the above exclusions and limitations may not apply to you. In such cases, any warranties that cannot be disclaimed are limited in duration to ninety (90) days or the minimum period allowed by law.
Limitation of Liability
- To the maximum extent permitted by law, in no event shall GolfGuiders, Inc., its directors, officers, employees, agents, partners, or licensors, be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, or use, or cost of procurement of substitute goods or services, arising out of or related to your access to or use of (or inability to use) the App, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if GolfGuiders has been advised of the possibility of such damages.
- In no case shall GolfGuiders' total liability to you for all claims arising out of or relating to this EULA or your use of the App exceed the amount of fees you paid to us (if any) for use of the App in the 12 months prior to the claim (or USD $50, if no such fees were paid). This means that if you have not paid anything to GolfGuiders for the use of the App, we have no liability to you for any damages, except as required by law.
- Nothing in this EULA is intended to exclude or limit liability that cannot be excluded under law. Because some jurisdictions do not allow the exclusion or limitation of liability for certain damages, the above limitation may not apply to you. In those jurisdictions, GolfGuiders' liability will be limited to the fullest extent permitted by applicable law.
- Product Claims: You acknowledge that GolfGuiders, not Apple or Google, is responsible for addressing any claims by you or a third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, data protection, privacy, or similar legislation. Nothing in this EULA shall be deemed an admission that you have any such claims; however, to the extent you do, you agree that the claim will be addressed by GolfGuiders subject to the limitations and disclaimers of this EULA, and not by any App Store Provider.
- Release: You agree not to hold GolfGuiders or its affiliated parties responsible for other users' actions or inactions, including content they post or things they do. As a condition of access to the App, you release GolfGuiders (and Apple and Google) from any and all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with any disputes involving you and any other users or third parties.
- Additional Rights: You understand and agree that we have set our prices and entered into this EULA with you in reliance on the disclaimers of warranty and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between us, and form an essential basis of the bargain between us. You agree that these limitations shall apply even if any limited remedy fails of its essential purpose.
Indemnification
You agree to indemnify, defend, and hold harmless GolfGuiders, Inc. and its parent, affiliates, officers, directors, employees, agents, partners, and licensors (collectively, the “GolfGuiders Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with:
- your access to or use of the App, including any User Content you submit, post, transmit, or make available through the App;
- your violation of any provision of this EULA or of any law or regulation;
- your violation of any rights of any third party (such as intellectual property, privacy, publicity or other proprietary or personal rights); or
- any misrepresentation made by you.
Termination
This EULA is effective until terminated by either you or GolfGuiders. You may terminate this EULA at any time by permanently deleting the App from your device (or in the case of a subscription, by canceling your subscription and then deleting the App) and ceasing all use of the App. If you delete the App but continue to maintain an account or subscription without using it, certain terms of this EULA may still apply until you cancel the subscription and/or request deletion of your account.
GolfGuiders may, at its sole discretion, suspend or terminate your account or your access to the App at any time, with or without notice, if:
- You violate any provision of this EULA or any other policy or guidelines that GolfGuiders has established;
- We believe that your actions may cause legal liability for us, our users, or our partners;
- We determine that you have engaged in fraudulent or illegal activities, or misuse of the App;
- We are required to do so by law enforcement or other government authorities; or
If your account or this EULA is terminated for any reason:
- Your rights to use the App will immediately cease, and the license granted to you under this EULA will end.
- You must stop using the App and delete all copies of the App from your devices.
- Any pending obligations you have to pay fees (if any) remain and are not canceled by termination.
- We may delete or disable access to your User Content, or we may choose to retain it for a period of time (for example, to support other users who may have interacted with your content). See our Privacy Policy for details on account deletion and data handling.
- Sections of this EULA which by their nature should survive termination (such as Ownership, Disclaimers, Limitation of Liability, Indemnification, Governing Law, etc.) will survive.
Changes to this Agreement
GolfGuiders may revise or update this EULA from time to time. If we make material changes, we will notify you by posting the updated EULA on our website or through the App, or by other appropriate means. We may also update the “last updated” date at the top of the EULA when we post changes. It is your responsibility to review this EULA periodically.
- If you continue to use the App after the effective date of any revised EULA, you will be considered to have accepted the changes.
- If you do not agree to the updated terms, you must stop using the App and may uninstall it. In case of a subscription, you may also cancel your subscription if the new terms are unacceptable to you (though we hope you will reach out with your concerns so we can address them).
- No amendment to this EULA will apply to any dispute that we had actual notice of before the effective date of the amendment.
Governing Law and Dispute Resolution
- Governing Law: This EULA and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of the State of Washington, USA, and the federal laws of the United States applicable therein, without regard to its conflict of law principles.
- If you access or use the App outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Notwithstanding the above, you may have certain consumer rights under the laws of your own jurisdiction which this EULA cannot override. In such cases, your mandatory local consumer protection laws may apply to the extent applicable.
- Jurisdiction: You agree that any legal suit, action, or proceeding arising out of or related to this EULA or your use of the App must be brought exclusively in the appropriate federal or state courts located in the State of Washington. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
- Dispute Resolution: Before filing any claim against GolfGuiders, you agree to try to resolve the dispute informally by contacting us at legal@golfguiders.com. We will attempt to resolve the dispute informally (for example, by email or phone) but if we are unable to reach a resolution within 30 days of your report, either party may then proceed to formal legal action.
- Injunctive Relief: Notwithstanding the above, if your breach of this EULA is likely to cause irreparable harm to GolfGuiders, we are entitled to seek injunctive or other equitable relief in any court of competent jurisdiction immediately (meaning we can ask a court to order you to stop doing something without waiting for a full trial), in addition to any other remedies we may have.
Third-Party Beneficiaries
You acknowledge and agree that Apple, and Apple’s subsidiaries, and Google (for the Android version of the App) are third-party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple and Google shall have the right (and will be deemed to have accepted the right) to enforce this EULA against you as third-party beneficiaries to the extent permitted by applicable law. Except as set forth in this section, this EULA is not intended to grant rights to anyone except you and GolfGuiders, and in no event shall this EULA create any third-party beneficiary rights for any other person or entity.
For clarity, the foregoing means:- If you downloaded the App from the Apple App Store, Apple has the right to enforce the terms of this EULA against you.
- If you downloaded the App from Google Play Store, Google has the right (though not the obligation) to enforce the terms of this EULA against you.
- The parties (GolfGuiders and you) acknowledge that the App Store Providers are not responsible for any support, warranty, or claims related to the App as stated throughout this EULA.
Miscellaneous
- Severability: If any provision of this EULA is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect. The invalid or unenforceable part will be deemed modified to the least degree necessary to remedy the invalidity or unenforceability, while preserving the original intent of the parties as much as possible.
- No Waiver: Our failure to enforce any right or provision of this EULA will not constitute a waiver of future enforcement of that right or provision. Any waiver of any provision of this EULA will be effective only if in writing and signed by an authorized representative of GolfGuiders.
- Assignment: You may not assign or transfer this EULA (or any of your rights or obligations under it) without our prior written consent. Any attempted assignment by you without consent is void. GolfGuiders may assign, transfer, or delegate any of its rights and obligations hereunder, in whole or in part, at any time without notice or consent (for example, if GolfGuiders is acquired, merged, or sells assets to another entity).
- Entire Agreement: This EULA, together with any additional policies or terms referenced and incorporated in it (such as the Privacy Policy and any additional in-app terms for certain features), constitutes the entire agreement between you and GolfGuiders regarding the App and supersedes any prior or contemporaneous understandings, communications, or agreements, whether written or oral, relating to its subject matter. For clarity, this EULA does not supersede any separate agreements you may have with GolfGuiders for other services or products (for example, if you are also a business partner or content provider under a separate contract).
- Headings: The section titles in this EULA are for convenience only and have no legal or contractual effect. However, we have included them to make this agreement easier to read.
- Language: This EULA is written in English. If we provide a translation in another language, it is for your convenience only. In the event of any conflict between the English version and a translated version, the English version will control.
- Export Compliance: The App and related technology may be subject to export laws and regulations. You agree to comply with all domestic and international export laws and regulations that apply to the App, including restrictions on destinations, end users, and end use. By using the App, you represent that you are not prohibited by law from using the App under U.S. export laws (see the "Legal Compliance" clause above in Section 3).
- Force Majeure: GolfGuiders will not be liable for any delay or failure to perform its obligations resulting from causes outside its reasonable control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, network infrastructure failures, or shortages of transportation, facilities, fuel, energy, labor, or materials.
Contact Information
If you have any questions, complaints, or claims regarding the App or this EULA, or if you need to contact GolfGuiders for any other reason, please reach out to us:
GolfGuiders, Inc.
Attn: Legal Department / Support Team
1801 130th Ave NE, Suite 100
Bellevue, WA 98005, USA
Email: privacy@golfguiders.com (for privacy-specific inquiries, rights requests, or data complaints)
Email: legal@golfguiders.com (for legal inquiries or DMCA requests)
We value our users and welcome feedback. Please do not hesitate to contact us if you have any questions or need any assistance.
Last Updated: April 26, 2025
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