Divot Terms of Use

Effective date: [DATE] · Last updated: [DATE]

1. Agreement

These Terms of Use ("Terms") form a binding agreement between you and [LEGAL ENTITY NAME, e.g. Divot Golf LLC] ("we", "us", "our"). By downloading, installing, or using the Divot mobile application (the "App") or visiting divot-golf.app (the "Website"; together with the App, the "Service"), you agree to these Terms. If you do not agree, do not use the Service.

2. Eligibility

The Service is intended for users 13 years of age or older. By using it you represent that you meet this age requirement and have the legal capacity to enter into these Terms. If you are between 13 and the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

3. License

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the App on Apple devices that you own or control, solely for your personal, non-commercial use. All rights not expressly granted are reserved.

4. Your content

The App lets you create drills, routines, programs, session logs, and notes ("Your Content"). You retain ownership of Your Content. Because the App stores data locally on your device by default, Your Content is not transmitted to us. If and when the App introduces cloud sync, import/export, or sharing features, separate terms and notices will apply to any transmitted content, and this section will be updated.

5. In-App Purchases

Some features of the App may be offered through in-app purchases ("IAP"), including one-time purchases and/or auto-renewing subscriptions.

• Billing. All IAP are processed by Apple through your Apple ID. We do not handle your payment information.
• Prices and availability are subject to change and may vary by region, currency, and promotion. Applicable taxes may be added by Apple.
• Subscriptions (if offered) automatically renew at the end of each billing period at the then-current price, unless canceled at least 24 hours before the end of the current period. You can manage or cancel auto-renewal in your iOS Settings → Apple ID → Subscriptions. Canceling takes effect at the end of the current billing period; partial refunds for the remaining period are not provided.
• Free trials (if offered) convert to paid subscriptions at the end of the trial unless canceled at least 24 hours before the trial ends.
• Refunds. Refunds are handled by Apple under Apple's policies. We cannot issue direct refunds for App Store purchases. To request a refund, use Apple's Report a Problem flow at reportaproblem.apple.com.
• Receipt validation. We may validate purchase receipts with Apple to verify entitlement and prevent fraud.
• Changes to IAP. We may add, modify, or remove IAP, features, or tiers at any time. Active subscriptions will continue at the price and feature set you purchased through the end of the paid period.

6. Acceptable use

You agree not to:

• Reverse-engineer, decompile, or attempt to extract the source code of the App, except to the extent that applicable law expressly permits;
• Circumvent, disable, or tamper with any security or access-control features, including receipt-validation and IAP mechanisms;
• Use the Service to transmit malware, harass others, or violate any law;
• Resell, rent, sublicense, or redistribute the App or any part of the Service;
• Use any automated system (bots, scrapers) to access the Website in a way that interferes with normal operation.

7. Intellectual property

The Service, including the Divot name, logo, app icon, website design, preloaded drills, routines, and programs, and all associated code and content ("Our Content"), is owned by us or our licensors and is protected by copyright, trademark, and other laws. Except for the license granted in Section 3, you receive no rights in Our Content. You may not remove or alter any proprietary notices.

8. Third-party services

The Service may interoperate with third-party services (for example: Apple's operating system, Apple's in-app purchase system, and in the future, third-party golf data providers). Your use of those services is governed by their terms. We are not responsible for third-party services.

9. Privacy

Our handling of data is described in our Privacy Policy. By using the Service, you acknowledge the practices described there.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Divot is a practice-tracking tool, not a coaching, medical, or athletic-training service. Any results achieved are your own.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID US (OR APPLE ON OUR BEHALF) FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) USD $100.

Some jurisdictions do not allow exclusion or limitation of certain damages; in those jurisdictions the above limitations apply to the fullest extent permitted.

12. Indemnification

You agree to indemnify and hold us harmless from and against any claims, damages, losses, and costs (including reasonable attorneys' fees) arising out of (a) your use of the Service, (b) your violation of these Terms, or (c) your infringement of any third-party right.

13. Termination

You may stop using the Service and uninstall the App at any time. We may suspend or terminate your access to the Service, including any IAP entitlements, if you materially violate these Terms. Sections 7, 10, 11, 12, 14, and 15 survive termination.

14. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will update the Effective date above and, where practical, notify you in the App or on the Website. Your continued use of the Service after the changes take effect constitutes acceptance.

15. Governing law and disputes

These Terms are governed by the laws of [US STATE, e.g. Florida], without regard to conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in [COUNTY, STATE] for any disputes not subject to arbitration.

An optional arbitration clause should be drafted by counsel for your jurisdiction and FAA compliance. If omitted, disputes go through the courts identified above.

16. Apple-specific terms

You and we acknowledge that these Terms are between you and us only, and not with Apple Inc. Apple is not responsible for the App or its contents. In the event of any conflict between these Terms and Apple's standard end-user license agreement for Licensed Applications, Apple's terms will govern solely to the extent of the conflict. Apple is a third-party beneficiary of these Terms and, upon your acceptance, has the right to enforce them against you.

17. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service.
• Severability. If any provision is held unenforceable, the remaining provisions will remain in effect.
• Assignment. You may not assign these Terms. We may assign them as part of a merger, acquisition, or sale of assets.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.

18. Contact

Questions about these Terms: chris@divot-golf.app