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 may not create an account or use the Service.

If you are under the age of legal majority where you live, you may use the Service only with the permission and supervision of a parent or legal guardian. Your parent or legal guardian must review and agree to these Terms on your behalf and is responsible for your use of the Service.

By using the Service, you represent that:

• you meet these eligibility requirements;
• 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, we may close the account and delete the information as required by law.

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 and course details;
• previewing holes and related course information;
• GPS-based distance and rangefinder features;
• recording scores, shots, penalties, and other round information;
• capturing photos and videos of your holes during a round and adding a profile picture; and
• viewing scorecards, statistics, summaries, and post-round insights.

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, 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

Divot may allow limited use without an account, such as browsing courses or using certain basic features. Guest data may be stored only on your device and may be lost if you delete the app, reset or replace the device, clear app data, or experience a technical failure. We do not guarantee that guest data can be recovered or transferred.

An account may be required to save, sync, retain, or access round history and personalized insights across sessions or devices. 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 may be able to register or sign in using third-party authentication services, including Sign in with Apple and Sign in with Google. Your use of those services is also subject to the applicable provider's terms and privacy practices. Apple and Google do not sponsor, control, or operate Divot, and we are not responsible for the availability or operation of their authentication services. If you revoke access through a provider or lose access to the connected third-party account, your ability to access your Divot account may be affected.

4. Location, GPS, Course Data, and Insights

Some features require access to your device's location. Divot will request permission before accessing location information through your device. You can control location access through your device settings, but GPS-dependent features may not function without it. Other features, such as manually searching for or browsing a course, may remain available.

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 and post-round insights depend on the completeness and accuracy of available data and information entered by you. They are estimates for informational purposes, may contain errors, and do not guarantee improved performance or any particular result.

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;
• 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, 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 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.

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 such as a profile picture, photos and videos captured during your rounds, scores, and other information ("Your Content"). 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, process, display, and transmit Your Content as needed to provide, maintain, secure, and improve the Service, and as described in our Privacy Policy. For photos and videos stored only on your device, this license applies only to the extent the Service processes them on your device or stores related records. The license ends when Your Content is deleted from the Service, except for limited copies in backups that expire in the normal backup cycle or records we must retain to comply with law.

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 submit content that:

• is unlawful, defamatory, harassing, threatening, or invasive of another person's privacy;
• is sexually explicit or exploits or harms minors;
• infringes any intellectual-property, publicity, or other right of any person;
• contains another person's personal information without that person's permission; 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.

We may remove or disable access to any of Your Content that we reasonably believe violates these Terms or applicable law, and we may suspend or terminate the accounts of repeat violators. Where appropriate, we will notify you. To report content that you believe violates these Terms, contact support@divotgolfusa.com.

9. Third-Party Services and Content

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

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, map provider, or other third party sponsors or endorses Divot unless expressly stated.

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 may initiate deletion through the account settings in the app.

Account deletion is intended to delete the 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, Google Account, or other third-party account. More information about deletion and retention will be provided in our Privacy Policy.

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

• you violated these Terms or applicable law;
• 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—including ownership, disclaimers, limitations of liability, indemnification, and dispute provisions—will survive.

12. Future Paid Features and Subscriptions

As of the Last Updated date, these Terms do not create any obligation to purchase a subscription or paid feature.

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.

Device permissions, including location permission, are controlled through your device. Withdrawing a permission may limit features that depend on that permission.

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, OR INSIGHT 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; or
• information or material you submit to the Service that infringes or harms a third party.

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 requested resolution 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 or our website.

If a change is material, we will provide reasonable notice through the Service, by email, or by another appropriate method and will request renewed acceptance when required by law or when we determine it is appropriate. Changes will apply prospectively 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 or Google. Divot, not Apple or Google, 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.

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