Divot Golf Terms of Service

1. Eligibility

You must be at least 13 years old to use the Service. The Service is not directed to children under 13, and children under 13 are not permitted to create an account or use the Service. We ask for your date of birth when you create an account.

If you are under the age of legal majority where you live (18 in most U.S. states), you may use the Service only with the permission of a parent or legal guardian. By using the Service, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. Your parent or legal guardian is responsible for your use of the Service.

A note for parents and guardians.Divot's community features are available to every user who meets the minimum age, and they start with the same default settings for everyone. These features include a profile that other signed-in users can see and search for, follows, posts, comments, activity sharing with friends, and course leaderboards. Section 8A describes them. Please go through the privacy and activity settings described in Section 8A with your teen.

By using the Service, you represent that:

• you meet these eligibility requirements;
• the date of birth you give us is accurate;
• you have the legal capacity to agree to these Terms, or your parent or legal guardian has agreed on your behalf;
• you are not prohibited from using the Service under applicable law; and
• you are located in the United States, where the Service is initially offered.

If we learn that a child under 13 has created an account or provided personal information to us, we will delete that account and information promptly, except for information the law requires us to keep. If you believe a child under 13 has given us information, contact support@divotgolfusa.com.

2. What Divot Golf Provides

Divot Golf is a recreational golf companion. Depending on the current version of the Service, available features may include:

• searching for and viewing golf courses, course details and photos, weather, and course statistics;
• previewing holes and related course information;
• GPS-based distance and rangefinder features, including a view of your current round on the iPhone Lock Screen and in the Dynamic Island;
• recording scores, shots, penalties, and other round information;
• capturing photos and videos during a round and sharing them with the other players in that round;
• viewing scorecards, statistics, summaries, and post-round insights;
• creating a profile with your name, a username, and a profile picture; finding other golfers; and following them (golfers who follow each other are "friends");
• writing posts with text, photos, links, and rounds; commenting on, voting on, and saving posts; and mentioning golfers, courses, and course collections;
• seeing your friends' recent rounds and which friends are playing now, and receiving in-app notifications;
• rating courses, viewing course leaderboards, and keeping track of your golf bag and lists of courses; and
• sharing your profile, posts, and rounds by link, and saving or sharing round photos, videos, and scorecard images outside Divot.

Features may vary by course, location, device, operating system, connectivity, and app version. A course or feature appearing in the Service does not guarantee that all information for that course or feature is complete, current, or available.

Divot is not a golf course operator, professional caddie, golf instructor, tournament official, weather service, emergency service, navigation service, or official handicap authority. Unless we expressly state otherwise, scores, statistics, rankings, and insights generated through the Service are recreational and informational only. They are not an official handicap index, tournament ruling, certification, or guarantee of performance.

3. Guest Use and Accounts

Without an account, you can browse a selection of featured courses. You need an account to play a round, keep scores, or use the community features.

You can create an account in the app or on our website. When creating or using an account, you agree to:

• provide accurate and current information;
• keep your device and account access secure;
• promptly notify us of suspected unauthorized access; and
• accept responsibility for activity conducted through your account, except to the extent caused by our breach of these Terms or applicable law.

You register and sign in with a one-time passcode sent by text message (SMS) to the phone number you provide. You can also add an email address to your account in Edit Profile. We verify it with a code sent to that address, but signing in currently requires your phone number. You agree to provide a phone number you are authorized to use. Message and data rates may apply to verification texts under your carrier’s plan; Divot does not charge for them. Signing in depends on access to your phone number, and you cannot change it in the app. If you are giving up or changing your phone number, contact us at support@divotgolfusa.com first so that you do not lose access to your account.

We may contact you by text message or email, using the phone number or email address on your account, about your account, its security, and the Service. For example, we may send your sign-in codes, tell you about changes to these Terms, or ask for your feedback. We do not send you marketing messages without your consent. You can ask us to stop non-essential messages at any time by contacting us at support@divotgolfusa.com.

If we offer sign-in through a third-party service, such as Sign in with Apple, your use of that service will also be subject to the provider's terms and privacy practices.

4. Location, GPS, Course Data, and Insights

Some features use your device's location. Examples include distances during a round, courses and posts near you, and the weather on your Home screen. Divot asks for permission before using your device's location, and you can change that permission at any time in your device or browser settings. GPS-dependent features may not work without it. Other features, such as searching for or browsing a course, may still be available.

Location information can also reach Divot through things you choose to do or share, not only through the location permission. For example:

• the courses you play show where you were; and
• while a round is in progress, your friends can see which course you are on, unless you turn off activity sharing (Settings → Activity; see Section 8A).

Our Privacy Policy explains how we handle location information.

While a round is in progress on a supported iPhone, Divot shows a Live Activity on your Lock Screen and in the Dynamic Island. It includes the course name, your current hole, and distance information. Anyone who can see your device can see it. You can turn off Live Activities for Divot in your iPhone's Settings. To keep it current, Divot continues to use your location while the app is in the background during a round.

GPS signals, device sensors, internet connectivity, third-party data, satellite imagery, maps, weather information, and user-entered information can be delayed, unavailable, incomplete, or inaccurate. Distances and locations displayed by Divot are estimates. Actual distances, boundaries, hazards, course conditions, pin locations, closures, weather, and local rules may differ.

You are responsible for independently checking:

• physical course markers, signage, boundaries, and hazards;
• weather and playing conditions;
• golf course, cart, and safety rules;
• the Rules of Golf and any applicable local or tournament rules; and
• the accuracy of scores and other information you enter.

The availability of a feature does not mean it is permitted during a particular competition. Features involving distance, wind, targeting, or other playing information may be restricted by tournament or local rules. Divot does not guarantee that use of the Service is legal or permitted in any competition.

Statistics, insights, course scores, and leaderboards may be based on information entered by you and by other golfers, on third-party data, and on estimates. For example, the course scores and review counts shown in the Service are based on ratings from Google. Golfers enter their own scores, and Divot does not verify them. This information is for recreation and general information only. It may contain errors, and it does not guarantee improved performance or any particular result.

Leaderboards, rankings, and milestones. Course leaderboards, rankings, and milestones are for fun. They are based on self-reported scores. They are not official competitions, tournaments, or handicap records. There are no prizes unless we publish separate official rules for a specific contest, and Apple is not a sponsor of, or otherwise involved in, any contest. We may remove or exclude scores or results that appear inaccurate or fraudulent, or that violate these Terms.

5. Safe and Responsible Use

Golf and related activities involve inherent risks, including changing weather, uneven terrain, water, trees, wildlife, moving golf balls, clubs, carts, vehicles, and other people. You are responsible for assessing conditions and using reasonable care.

Do not view, enter information into, or otherwise use the Service while driving or operating a golf cart, vehicle, or equipment, or whenever device use could distract you or create a risk of injury or property damage. Stop in a safe location before using the Service.

The Service is not designed for emergency use. Do not rely on it to contact emergency services, identify a safe route, warn you of dangerous conditions, or replace instructions from golf course personnel, emergency responders, or public authorities.

To the maximum extent permitted by law, you assume the risks arising from your participation in golf and your real-world decisions while using information provided through the Service.

6. Acceptable Use

You may use the Service only for lawful, personal, and non-commercial purposes. You may not:

• violate any law, regulation, court order, course rule, or third-party right;
• use the Service in a fraudulent, deceptive, abusive, harassing, or unsafe manner;
• impersonate another person or misrepresent your identity or affiliation;
• access or use another person's account without authorization;
• create accounts by automated means or under false pretenses, or create or use an account to get around a suspension, a removal of your content or account, or another user's block;
• buy, sell, or transfer an account or username;
• post, upload, or send spam, including repetitive, unsolicited, or commercial content, or advertise through the Service without our written permission;
• make knowingly false or bad-faith reports, or otherwise misuse reporting, blocking, voting, or rating features;
• enter scores, ratings, or other information you know to be false in order to affect leaderboards, rankings, course scores, or other users;
• use search, profiles, share links, invitations, mentions, or other features to collect information about other users or to contact people who do not want to be contacted;
• use the Service to groom, exploit, or endanger minors, or to seek personal information from a minor;
• copy, scrape, harvest, sell, license, or commercially exploit the Service or its data except with our written permission;
• use bots, crawlers, automated tools, or excessive requests to access or burden the Service;
• interfere with the security, integrity, operation, or performance of the Service;
• bypass access controls, usage limits, audience settings, or security measures;
• reverse engineer, decompile, disassemble, or attempt to derive source code, except to the limited extent such a restriction is prohibited by law;
• introduce malware, harmful code, or unauthorized content; or
• use the Service or its data to build or improve a competing product or dataset without our written permission.

7. Ownership and Limited Permission to Use the Service

Divot and its licensors own the Service, including its software, designs, text, graphics, branding, databases, selection and arrangement of information, and other content, except for content owned by users or other third parties. These materials are protected by intellectual-property and other laws.

Subject to these Terms, Divot gives you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Service for its intended recreational purposes.

Apps made available through the Apple App Store are licensed, not sold. The license to the iOS application is governed by Apple's Licensed Application End User License Agreement unless Divot provides a separate custom license agreement through Apple. These Terms govern Divot's Service and do not replace Apple's applicable license terms. Section 19 contains additional terms for the iOS application.

If you voluntarily provide ideas, suggestions, or feedback, you grant Divot a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that feedback without restriction or compensation. This does not grant us ownership of your personal information.

8. Your Content

The Service lets you submit content ("Your Content"), such as:

• your profile details, username, and profile picture;
• posts, including titles, text, photos, links, and attached rounds;
• comments and votes;
• course ratings;
• your golf bag and the names of collections;
• scores and other round information;
• photos and videos captured during rounds; and
• reports.

You own Your Content. These Terms do not transfer ownership of Your Content to Divot.

So that we can operate the Service, you grant Divot a worldwide, non-exclusive, royalty-free license to host, store, reproduce, adapt, translate, process, display, distribute, and transmit Your Content, directly or through service providers acting for us. The license covers what is needed to provide, maintain, secure, moderate, and improve the Service, and the uses described in our Privacy Policy. We do not sell Your Content.

• "Adapt" includes resizing, cropping, and re-encoding photos and videos, creating cover images from a post's title or photos, and creating link previews.
• The license includes showing Your Content to the people your choices and settings allow. That can be in the Divot app, on our website, and on share pages and link previews that you or other participants create (see Section 8B).
• It also includes storing your round photos and videos, and optimized copies and previews of them, on Divot’s servers.
• For content that exists only on your device, the license applies only to the extent the Service processes it on your device or stores related records.

Other users may view and interact with Your Content as the features of the Service allow, for example by commenting on or voting on your posts. Section 8B describes the additional permission you give other participants in your rounds.

Rounds are shared spaces.

• A host can add you to a round they create without asking you first.
• Everyone in a round, including a host who adds you, can see the other players' names, profile pictures, phone numbers, dates of birth, gender, home city, and typical score, as well as the round's scores, photos, and videos. They keep this access after the round ends, and after either of you blocks the other, for as long as you are both in the round. You can leave a round you did not host (see Section 8C).
• Participants may tag players in round photos and videos, remove media from the round, and save and share round content outside Divot as described in Section 8B.
• A round's host may delete the round, which deletes its scores, photos, and videos for every participant.

Do not capture or upload media in a round if you are not comfortable with the other participants seeing, managing, saving, and sharing it.

Information about other people. Some features let you enter or share information about other people. For example, you can add a golfer to a round by name and phone number, invite them by text message, tag them in a photo, mention them in a post, or share a scorecard that shows their name and score. Use these features only for people who know you are doing so and would expect it, and only when you have any permission you need. Invitations are sent from your own device and phone number. Send them only to people who would welcome them. You are responsible for the invitations and other messages you send.

You are solely responsible for Your Content. You represent that you have the rights necessary to submit it and that it does not violate applicable law or these Terms. You may not post, upload, or send content, or choose a username, name, or profile picture, that:

• is unlawful, defamatory, or fraudulent;
• harasses, bullies, threatens, or intimidates anyone, or promotes violence;
• attacks or demeans people based on race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, age, disability, serious illness, or another protected characteristic;
• is sexually explicit or contains nudity;
• sexualizes, exploits, or endangers minors;
• is graphically violent or gory, or promotes self-harm, suicide, eating disorders, dangerous acts, or illegal activity;
• is spam, a scam, or misleading, including fake engagement;
• impersonates a person, business, or organization, including Divot, or suggests an affiliation or endorsement that does not exist;
• shares another person's private information, such as a phone number, home address, or financial information, unless this is needed to use a feature as intended (for example, adding a guest to a round) and you have that person's permission;
• infringes any intellectual-property, privacy, publicity, or other right of any person; or
• contains malware or other harmful code.

If your photos or videos include other people, you are responsible for obtaining any permission needed to capture and share their image. Take particular care with images of minors.

Ratings and posts about courses. Course ratings and posts about courses must reflect your own genuine experience. Do not offer, request, or accept money, discounts, free play, or anything else of value in exchange for a rating or post. Do not rate a course you own, manage, or work for, or one that competes with it. We may remove ratings and posts that break these rules.

Deleting Your Content. You can delete posts and comments you have made, and round photos and videos you captured. When you delete a post or comment, it is removed from the Service right away, and the photos in a deleted post are deleted from our storage automatically. We currently keep the content of deleted posts and comments (their titles, text, links, and attached round details), hidden from other users, until your account is deleted. Posts and comments we remove for violating these Terms are also kept, including their photos, hidden from other users.

The license you grant in this Section ends when Your Content is deleted from the Service, except for:

• (a) copies in backups that expire in the normal backup cycle;
• (b) records we keep to meet legal obligations or to resolve an open report or dispute;
• (c) the content of deleted posts and comments, as described above; and
• (d) copies that other users saved or shared outside the Service, which we cannot recall (see Section 8B).

8A. Community Features and Who Can See What

This Section describes who can see what in Divot's community features and the controls you have. Our Privacy Policy has more detail. In this Section, "signed-in users" means people who are signed in to a Divot account in the app or on our website.

Your profile and username. Every account has a username (an @handle). We assign one when you sign up, and you can change it in Edit Profile. Every signed-in user who has not blocked you, and whom you have not blocked, can:

• see your name, username, and profile picture;
• see the date you joined Divot and how many friends and followers you have; and
• find you in search by your name or username. Search also shows how many friends you have in common. When adding players to a round, anyone who knows your phone number can also find you by it, and the add-players search shows the last four digits of your phone number next to your name.

There is currently no setting that hides these details from other signed-in users. People who are not signed in cannot see your profile. However, links to your profile include your username, and your profile picture is stored at a web address that anyone who has the address can open.

Username rules. Your username must follow the rules in Section 8. It must not:

• impersonate anyone or mislead people about who you are;
• infringe someone else's rights; or
• be offensive.

Usernames cannot be sold or transferred, and we do not guarantee any particular username. We may change, remove, or reclaim a username, and we may reset a name or profile picture. For example, we may do this if it breaks these rules, if it infringes someone's rights, or if it could cause confusion (such as a name that suggests an official Divot account).

Following and friends.Any signed-in user can follow you without asking, and you get an in-app notification when they do. Golfers who follow each other are "friends." You can remove a follower at any time. Blocking someone (Section 8C) removes follows in both directions.

Profile privacy settings. In Edit Profile → Profile privacy, you choose who can see parts of your profile:

• Round history, stats, and leaderboards also depend on your activity sharing setting (below).
• Friends see you on course leaderboards only if you also share your round history with friends.
• These settings do not limit what the other players in your rounds can see. Anyone who is or was in a round with you, including a host who added you, can see that round's scorecard and your results from it (including on course leaderboards) and the details on your account described in Section 8, whatever your settings.
• If you play in a round with someone who shares their round history, people who can see their history can see that you were in that round (your name and profile picture, but not your score).
• If you attach a round to a post, everyone who can see the post sees a summary of that round (course, date, holes played, and total strokes), whatever your round-history setting.

Activity sharing. Activity sharing is on by default. While it is on, your friends can see your recent rounds and scores in their feed. While you are playing, they can also see which course you are on and when you started. You can turn it off in Settings → Activity. When it is off:

• your rounds and live presence stop appearing in your friends' feeds (a feed a friend has already loaded may still show them until it refreshes); and
• your round history, stats, and leaderboard results are hidden from people who did not play with you.

Course statistics.Course pages show statistics built from all golfers' rounds at that course, such as how many rounds were played there, how many golfers are playing now, and the pace of play. These statistics do not name anyone unless that golfer's settings allow it. Some are shown only when enough golfers are included.

Posts, comments, and votes.

• Posts you create in the app or on our website are shared with your friends.
• Posts from Divot's official account, and the comments on them, are visible to every signed-in user.
• A comment is visible to everyone who can see the post it is on, including people who are not your friends.
• When you upvote a post or comment, its author is notified with your name. Downvotes are not shown to the author with your name.
• We may show how many people saved or viewed a post, but not who.
• Your collections of saved posts are private to you.
• Other users can mention you in their posts. You are not notified when this happens. If a mention is unwelcome, you can report the post or block its author.
• What you see on Home and Explore may be personalized based on your friends, your rounds, your location, and what you have already seen in the app.

Notifications and messaging. Divot sends in-app notifications, in the Inbox, about follows and new friends, comments, votes, rounds, moderation decisions about your posts, and announcements from Divot. Divot does not offer private messaging between users.

On the web. Posts, comments, and profiles are not visible to people who are not signed in. The exception is round share links (Section 8B).

8B. Sharing Outside Divot

Round share links.After a round is finished, any participant can create a link to a web page that shows the round's scorecard. The other players in the round are not asked or notified.

Anyone who has the link can open the page without a Divot account. The page shows the course, the date, the tee the sharer played, and every player's hole-by-hole scores and totals. What else it shows depends on who is looking:

• People who are not signed in, and messaging apps that create link previews, see the first name of the person who shared the link. The other players appear as "Player 2," "Player 3," and so on.
• Signed-in Divot users see each player's first name and profile picture. Guests appear as "Guest."
• Link previews (the image and title that messaging apps show) include the course and date and, for up to three players, their total scores. The sharer is named by first name and the others appear as "Player 2," "Player 3," and so on. For a round played alone, the preview shows the sharer's first name, score, and course.

Links do not expire. Your privacy settings and blocks do not change what a share link shows. You can leave a round you did not host, which removes you and your scores from it and from its share page. The person who shared a link cannot currently turn it off in the app. To ask us to turn off a link, use "Report this page" on the page or email support@divotgolfusa.com. A link also stops working if the round's host deletes the round, or if the person who shared the link deletes their account. Turning off a link does not remove previews or copies that others have already made.

Profile and post links. You can also share links to your profile and to posts. A post link shows the post only to signed-in users who are allowed to see it. A profile link shows your name and username only to signed-in users, but the link itself includes your username.

Saving and sharing round photos, videos, and scorecards. Any participant in a round can:

• save that round's photos and videos to their device, including photos and videos captured by other players;
• combine them into a photo collage or slideshow with a Divot watermark;
• share them with other apps and services; and
• share a scorecard image that may show other players' first names (or, for a guest, the name the host entered), profile pictures, and scores.

For rounds with other players, the person sharing chooses whether to include the scorecard and which players appear on it.

By capturing or uploading photos or videos in a round, you give each participant in that round a non-exclusive, royalty-free, worldwide permission to view, save, and share that content for personal, non-commercial purposes using the Service's features, including by posting it to other apps and services under their terms. Once the content is deleted from the Service or removed after a report, participants can no longer save or share it through the Service, but the permission continues for copies they saved or shared before then. When you share other people's photos, videos, names, or scores, do so only with their permission and in line with Section 8.

Copies outside Divot. People who can see your content in Divot may take screenshots or save copies. For example, friends who can see your stats can share an image of them that shows your name. Once content leaves Divot, we cannot control, recall, or delete those copies. This applies even if the original is later deleted or removed after a report, or its owner deletes their account.

8C. Community Standards: No Tolerance for Objectionable Content or Abusive Users

There is no tolerance for objectionable content or abusive users on Divot. Divot's community features are for golfers to share their game with each other. Everyone must follow the content rules in Section 8 and the conduct rules in Section 6.

Other users' content.Content posted by other users belongs to them and does not reflect Divot's views. We do not pre-screen all content before it is posted, and we do not verify or endorse content posted by other users. We automatically refuse to save a post, comment, username, name, or golf bag entry that contains certain objectionable words or phrases.

Reporting. You can report:

• a post, comment, profile, or round photo or video, from its menu in the app (for example, "Report this post," "Report comment," "Report profile," or "Report" on a round photo or video). Posts, comments, and profiles can also be reported on our website;
• a round share page, with "Report this page"; or
• anything else, by emailing support@divotgolfusa.com.

A reported post or comment is hidden from everyone except its author, and a reported round photo or video is hidden from the other players in the round, while we review the report. Reports made in the app or on our website alert our team. We review reports promptly, generally within 24 hours. After review, we remove reported content or restore it, and we may take action against the account responsible. We do not tell the person you reported who reported them.

Blocking. You can block another user:

• from their profile;
• from your following or followers list, or from people search results;
• from a post or comment they wrote;
• when you report one of their round photos or videos; or
• when you leave a round they host.

When you block someone:

• neither of you can see the other's profile, posts, or comments, or find the other in search;
• you stop following each other;
• notifications between you stop; and
• their photos and videos in rounds you share are hidden from you.

Blocking does not remove either of you from rounds you already share or change scores already recorded. In those rounds you can still see each other's names and scores, and the details described in Section 8 ("Rounds are shared spaces"). Your photos and videos in rounds you share stay visible to the person you blocked. Blocking does not change round share links: someone you blocked who has a link to a round you played in can still see your first name, profile picture, and scores on that page. Someone you blocked cannot add you to a new round. The other user is not notified. You can unblock anyone in Settings → Blocked Users.

Enforcement. We may remove, hide, or restrict any content, username, name, or profile picture that we believe violates these Terms or is otherwise objectionable. We may also suspend or permanently terminate the account responsible, including after a single violation and without prior notice. Where appropriate, we will tell you what we removed and why.

Preservation and legal reporting.We may preserve content and account information, and share it with law enforcement or the National Center for Missing & Exploited Children, where the law requires it or where we believe in good faith that doing so is needed to protect someone's safety, to respond to legal process, or to enforce these Terms.

8D. Copyright and Trademark Complaints

We respect intellectual-property rights and expect our users to do the same.

Copyright notices. If you believe content on the Service infringes your copyright, send a written notice to our designated copyright agent:

Copyright Agent
Knowhere Technologies, Inc.
312 W 43rd Street, Unit 15G
New York, NY 10036
United States
Email: support@divotgolfusa.com

Your notice must include:

1. your physical or electronic signature;
2. identification of the copyrighted work you believe has been infringed;
3. identification of the material you believe is infringing, with information reasonably sufficient for us to locate it (such as a link or a screenshot showing where it appears);
4. your name, address, telephone number, and email address;
5. a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the owner's behalf.

If we remove or disable access to your content because of a copyright notice, we will take reasonable steps to notify you promptly and tell you how to send a counter-notice.

Counter-notices. If your content was removed because of a copyright notice and you believe it was removed by mistake or misidentification, you may send a counter-notice to our copyright agent. It must include:

1. your physical or electronic signature;
2. identification of the material that was removed and where it appeared before it was removed;
3. a statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; and
4. your name, address, and telephone number, and a statement that:
   • you consent to the jurisdiction of the federal district court for the judicial district where your address is located (or, if your address is outside the United States, any judicial district in which Divot may be found); and
   • you will accept service of process from the person who sent the original notice, or that person's agent.

If we receive a valid counter-notice, we will send a copy to the person who sent the original notice. We may restore the material 10 to 14 business days after we receive the counter-notice, unless that person tells us they have filed a court action seeking to restrain the alleged infringement.

Repeat infringers.In appropriate circumstances, we terminate the accounts of users who repeatedly infringe others' copyrights.

Trademark and other complaints. To report trademark infringement or other misuse of your content, email support@divotgolfusa.com with enough detail for us to find it. This includes photos or other material shown in the Service that came from a third party (see Section 9). You can also report a post or profile in the app using the reason "Copyright or trademark violation."

Sending a notice or counter-notice that you know is false may make you liable for damages.

9. Third-Party Services and Content

The Service may use or display services, data, content, links, maps, imagery, or software supplied by third parties. Third-party services may be subject to separate terms, licenses, attribution requirements, and privacy practices.

Course information and imagery. Course details, photos, ratings, review counts, hours, and descriptions in the Service come from several sources: our own research, public sources, automated tools (including AI-assisted research and writing), and third parties such as Google. Course scores and review counts are based on ratings from Google. Most course photos in the Service were taken by members of the public and published on Google Maps.

Community posts from other platforms.A course's Community tab shows public posts from YouTube, TikTok, and Reddit that we select. They belong to their creators and are subject to those platforms' terms. Tapping one opens the original post in the platform's app or in a browser.

Maps and weather. Maps and place search in the Divot app are provided by Apple. Directions open in Apple Maps or Google Maps, whichever you choose. Weather information is provided by Apple Weather.

Brands. Product names, logos, and images of golf equipment and other brands shown in the Service belong to their owners. Showing them does not mean their owners endorse Divot.

Links and link previews.When you add a link to a post, Divot's servers visit the linked page to create a preview (a title, a description, and an image), and people who see your post load the preview image directly from the linked site. You are responsible for the links you post. Links you open may load in a browser inside the Divot app. Linked sites are not controlled by Divot and have their own terms and privacy practices. They can see information such as your IP address when you visit them or load their images.

Translation. Divot does not currently translate posts or comments. If we add translation, Divot may send the text of posts and comments to a machine-translation provider, and translations will be automatic and may be inaccurate. We will update our Privacy Policy before we do.

If you own content shown in the Service and want it credited or removed, contact support@divotgolfusa.com. For copyright complaints, see Section 8D.

We do not control third-party services and do not guarantee their accuracy, availability, security, or continued operation. Your dealings with third parties are between you and the applicable third party. Nothing in the Service implies that a golf course, governing body, Apple, Google, a content platform, a map provider, an equipment brand, or any other third party sponsors or endorses Divot, unless we expressly say so.

You must comply with applicable third-party terms when using the Service.

10. Availability, Updates, and Changes

We may maintain, update, modify, suspend, restrict, or discontinue all or part of the Service. We do not guarantee that:

• the Service will always be available, uninterrupted, secure, or error-free;
• every feature will work on every device or operating-system version;
• every course or data point will remain available;
• defects will be corrected immediately; or
• stored information will never be lost.

You are responsible for maintaining a compatible device, internet or cellular access, and any charges imposed by your providers. We may require you to install updates to continue using the Service.

11. Account Suspension, Termination, and Deletion

You may stop using the Service at any time. If you have an account, you can delete it in the app (Settings → Delete Account) or by emailing support@divotgolfusa.com.

Account deletion is intended to delete your Divot account and associated personal information that we are not legally required or permitted to retain. Deleting a Divot account does not delete your Apple Account or any other third-party account. Our Privacy Policy explains what we delete and what we retain.

What deletion does to shared and community content. Deleting your account deletes:

• your profile, username, posts, comments, votes, saved collections, course ratings, golf bag, follows, and blocks;
• the rounds you host, including the other players' scores, photos, and videos in those rounds;
• your scores, photos, and videos in rounds that other people host; and
• comments other people left on your posts, and replies under your comments.

Some information remains after deletion:

• copies other people saved or shared outside Divot;
• share links that other players created for rounds you played in (without your scores);
• your former username, where it was mentioned in other people's posts;
• some reports you filed, without your name attached;
• limited records we keep for security, legal, or operational reasons, such as change logs for posts and the message our team received when you signed up, which includes your name and phone number;
• backups, until they expire; and
• information stored on your own device, such as drafts and recent searches, until you delete the app.

We may suspend, restrict, or terminate access if we reasonably believe that:

• you violated these Terms or applicable law, including by posting objectionable content or behaving abusively toward other users (Section 8C);
• you created or used an account to get around a suspension, a removal, or another user's block;
• your use creates security, legal, or operational risk;
• your account is being used fraudulently or without authorization;
• suspension is necessary to protect Divot, users, or third parties; or
• we are required to act by law, a court, or a government authority.

Where appropriate, we may provide notice and an opportunity to contact us. Sections that by their nature should survive termination will survive. These include ownership, the licenses you granted for content that has already been shared, disclaimers, limitations of liability, indemnification, and dispute provisions.

12. Future Paid Features and Subscriptions

As of the Last Updated date, the Service is free. Divot does not offer any paid features or subscriptions, and these Terms do not create any obligation to purchase anything.

Divot may offer paid features or subscriptions in the future. Before charging you, we will disclose the applicable price, billing period, included benefits, renewal terms, and cancellation method, and we may present additional or updated terms for your acceptance. Purchases made through an app marketplace will also be governed by that marketplace's payment, cancellation, and refund rules.

13. Privacy

Our collection and use of personal information is governed by our Privacy Policy. The Privacy Policy describes, among other things, the categories of information collected, the purposes for collection and use, third-party disclosures, retention practices, security measures, and how to request access to or deletion of information.

The Service may ask for permission to use your device's location, camera, microphone (to record sound with videos), and photo library (to save photos and videos). Photos and videos you take with Divot's camera may also be saved to your photo library. When you add photos from your library to a round or a post, you choose them with your device's photo picker, which shares only the items you choose. Device permissions are controlled through your device or browser settings. Withdrawing a permission may limit features that depend on it.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

DIVOT DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

DIVOT DOES NOT WARRANT THAT THE SERVICE OR ANY GPS DISTANCE, LOCATION, MAP, COURSE INFORMATION, WEATHER INFORMATION, SCORE, STATISTIC, RANKING, INSIGHT, OR CONTENT PROVIDED BY OTHER USERS OR THIRD PARTIES WILL BE ACCURATE, COMPLETE, CURRENT, AVAILABLE, SECURE, OR SUITABLE FOR YOUR PURPOSES. NO ORAL OR WRITTEN INFORMATION FROM DIVOT CREATES A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THOSE JURISDICTIONS, THESE DISCLAIMERS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIVOT AND ITS PARENT COMPANIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, OPPORTUNITY, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF DIVOT AND THE PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

1. $100; or
2. the amount you paid directly to Divot for the Service during the 12 months before the event giving rise to the claim.

These limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose. They do not apply to liability that cannot be limited or excluded under applicable law.

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, the limitations apply only to the extent permitted by law.

16. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Divot and its affiliates, directors, officers, employees, agents, and contractors from third-party claims, liabilities, damages, judgments, losses, and reasonable costs and attorneys' fees arising from:

• your unlawful or unauthorized use of the Service;
• your material violation of these Terms;
• your violation of another person's rights;
• information or material you submit to the Service that infringes or harms a third party; or
• content or information about other people that you share, or invitations you send, through the Service's features.

This section does not require you to indemnify a party for that party's own fraud, willful misconduct, or other conduct for which indemnification cannot legally be required.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles, except to the extent federal law applies.

Before filing a formal claim, you and Divot agree to make a good-faith attempt to resolve the dispute informally. Send a written description of the dispute and the resolution you are asking for to support@divotgolfusa.com. Either party may proceed after 30 days if the dispute has not been resolved.

Any dispute not resolved informally will be brought exclusively in the state or federal courts located in New York County, New York, and you and Divot consent to personal jurisdiction and venue in those courts. This provision does not prevent either party from seeking relief in an appropriate small-claims court or seeking urgent injunctive relief to protect intellectual-property or security interests.

These Terms do not contain a mandatory arbitration agreement or class-action waiver. Nothing in these Terms limits any non-waivable consumer right available under applicable law.

18. Changes to These Terms

We may update these Terms as the Service evolves or as legal requirements change. We will update the "Last Updated" date and make the revised Terms available through the Service and on our website.

If a change is material, we will give you reasonable notice through the Service (for example, an in-app notice), by text message or email, or by another appropriate method. We will ask you to accept the revised Terms again when the law requires it or when we decide it is appropriate. Changes apply going forward from their effective date.

If you do not agree to revised Terms, you must stop using the Service and may delete your account.

19. Apple and Other Platform Terms

These Terms are between you and Divot, not Apple. Divot, not Apple, is responsible for operating and supporting the Divot Service, subject to applicable third-party platform terms.

Your download and use of the iOS application are also subject to Apple's applicable App Store and standard license terms. You must comply with your wireless-data agreement and other applicable third-party agreements when using the Service.

Nothing in the Service implies that Apple, Google, a golf governing organization, or a golf course endorses Divot.

Additional terms for the iOS application. If you downloaded the Divot app from the Apple App Store, the following terms also apply. If they conflict with other parts of these Terms as they relate to the iOS application, they control.

1. Acknowledgement. These Terms are between you and Divot only, not Apple. Divot, not Apple, is solely responsible for the iOS application and its content. These Terms do not provide usage rules for the iOS application that conflict with the Apple Media Services Terms and Conditions.
2. Scope of license. Your license to use the iOS application is limited to a non-transferable license to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. Other accounts associated with you through Family Sharing or volume purchasing may also access it.
3. Maintenance and support. Divot is solely responsible for providing any maintenance and support services for the iOS application, as described in these Terms or as required by applicable law. Apple has no obligation to provide any maintenance or support services for the iOS application.
4. Warranty.To the extent any warranty applies to the iOS application despite Section 14, Divot, not Apple, is responsible for it. If the iOS application fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application, if any. (The application is currently free.) To the maximum extent permitted by law, Apple has no other warranty obligation for the iOS application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Divot's responsibility, to the extent these Terms and applicable law make them so.
5. Product claims.Divot, not Apple, is responsible for addressing any claims by you or a third party relating to the iOS application or your possession and use of it. These include (a) product liability claims; (b) claims that the iOS application fails to conform to an applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar laws. These Terms do not limit Divot's liability to you beyond what applicable law permits.
6. Intellectual-property claims.If a third party claims that the iOS application, or your possession and use of it, infringes that third party's intellectual-property rights, Divot, not Apple, is solely responsible for investigating, defending, settling, and discharging that claim.
7. Legal compliance.You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that the U.S. Government has designated as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer contact. Send questions, complaints, or claims about the iOS application to Divot using the contact information in Section 21.
9. Third-party terms. You must comply with applicable third-party terms of agreement when using the iOS application, such as your wireless data service agreement.
10. Third-party beneficiary.Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the iOS application. When you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

20. General Terms

These Terms, together with any additional terms expressly presented for a feature or purchase, form the agreement between you and Divot concerning the Service. The Privacy Policy describes our information practices but does not reduce any rights you have under applicable privacy law.

If a provision is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, financing, reorganization, sale of assets, or similar transaction.

Divot is not responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, severe weather, internet or telecommunications failures, labor disputes, government actions, third-party service failures, or security incidents not caused by Divot's failure to use legally required care.

Headings are for convenience only. The words "including" and "include" mean "including without limitation."

21. Contact Us

Questions, complaints, and legal notices concerning the Service or these Terms may be sent to:

Knowhere Technologies, Inc. d/b/a Divot Golf
312 W 43rd Street, Unit 15G
New York, NY 10036
United States
Email: support@divotgolfusa.com

Copyright notices and counter-notices: send them to our designated copyright agent (Copyright Agent, Knowhere Technologies, Inc., at the address above, or support@divotgolfusa.com), as described in Section 8D.