Terms of Service
Version 1.8 · Last updated: August 19, 2026
1. Introduction and Acceptance
Round Update ("Round Update," "we," "us," or "our") provides a web-based application for tracking and sharing live golf scores among a group of players (the "Service"), available at app.roundupdate.com and related domains. These Terms of Service (the "Terms") form a legally binding agreement between you and Round Update LLC, a California limited liability company with a mailing address at 2108 N Street, Suite N, Sacramento, CA 95816, the operator of Round Update.
By accessing or using the Service — including by starting a round, following a round through a shared link, joining a round as a player, or creating an account — you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.
PLEASE READ SECTION 20 CAREFULLY. IT CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS-ACTION WAIVER THAT AFFECT HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED, AND INCLUDES AN OPT-OUT RIGHT.
If you are entering into these Terms on behalf of a company, club, or other organization, you represent that you have authority to bind that entity, and "you" refers to that entity.
Note on acceptance records: When you start a round, request a sign-in code, or join a round, we record your acceptance of these Terms and our Privacy Policy, including the date and time, the version accepted, and limited technical information. See the Privacy Policy for details.
2. Eligibility, Age, and Parental Consent
Minimum age. You must be at least 13 years old to create an account, create a round, enter scores, or post content on the Service. The Service is not directed to children under 13, and we do not permit children under 13 to use it.
Age verification. We ask for your date of birth when you create an account, and we ask for it on your device the first time you create a round or post content without an account. You agree to answer accurately. Misrepresenting your age is a violation of these Terms, and we may suspend or terminate any account, or block any device, we reasonably believe was used in violation of the age requirements in this Section.
Creating rounds without an account. You must be at least 18 to create a round without an account. If you are under 18, you can still take part in a round someone else set up, and you can create your own rounds by creating an account, which lets us seek a parent or guardian's consent as described below.
Users aged 13 to 17. If you are under 18, a parent or legal guardian must review and accept these Terms and our Privacy Policy before you can create rounds or post content. When you create an account we ask you for a parent or guardian's email address and contact them directly. Until we receive their acceptance, your account will remain limited: you can sign in, take part in a round someone else set up, and keep score in it, but you cannot create rounds of your own or post content, comments, or photos.
Parents and guardians. A parent or guardian who accepts these Terms in connection with a minor's account accepts them in their own right as well as on the minor's behalf. That parent or guardian agrees to supervise the minor's use of the Service — including the content the minor posts and the people the minor interacts with — is responsible for the minor's compliance with these Terms, and is subject to the obligations in Section 18 (Indemnification) with respect to the minor's use. A parent or guardian may withdraw consent at any time by contacting us at info@roundupdate.com, which will close the account, and may exercise the rights described in the Children's and Teens' Privacy section of our Privacy Policy.
Children under 13. We do not knowingly collect personal information from children under 13. If we learn that an account belongs to a child under 13, we will close it and delete the associated personal information. If you believe a child under 13 has provided us personal information, contact us at info@roundupdate.com.
People named in a round by someone else. Because one person often sets up a round for a group, a person may appear in a round as a named player without having an account and without agreeing to these Terms. A person named in a round by someone else is not a party to these Terms and is not subject to the age requirements in this Section. The person who created the round is responsible for the information they enter about others, as described in Section 6.
Viewing a shared round. Viewing a round through a share link does not require an account and does not require you to verify your age. We do not knowingly permit anyone under 13 to submit content, comments, or contact information through a shared round.
Other eligibility. You also represent that you are not barred from using the Service under the laws of your jurisdiction, and that you are not located in, under the control of, or a national or resident of any country subject to comprehensive U.S. sanctions, and are not listed on any U.S. government list of prohibited or restricted parties.
3. Description of the Service
Round Update lets a person set up a golf round, enter scores hole-by-hole for one or more players, and share a live view of that round with others through a link. Depending on how a round is set up, the Service may also support net and gross scoring using self-reported handicaps, match-play and skins formats, hole-by-hole text updates and photos, with no wager amounts recorded or displayed, a comment feed for followers, optional email sign-in to save your rounds, optional avatars and display names, and optional SMS notifications for people who choose to follow a round.
The Service is provided for casual, recreational scorekeeping and social sharing. We may add, change, suspend, or remove features at any time. We will use reasonable efforts to provide notice of changes that materially and adversely affect core functionality, but the core Service is provided free of charge — with an optional paid subscription described in Section 24 — and we do not commit to any particular feature set, uptime, or level of support.
Assumption of risk; we do not control play
Golf involves inherent risks, including being struck by golf balls or clubs, falls, collisions, golf cart accidents, exposure to heat, cold, lightning, and sun, and injuries arising from physical exertion.
Round Update does not organize, host, supervise, staff, sponsor, or control any round, practice session, tournament, course, facility, or event. We provide software for recording and sharing what happens during a round. We have no presence at, and no control over, the places where you play or the people you play with.
You voluntarily assume all risks associated with playing golf, traveling to and from courses, and participating in any round you coordinate or record through the Service. You are solely responsible for determining whether you are fit to play and for following the rules, policies, and safety instructions of any course or facility. Nothing in the Service is medical, health, fitness, or safety advice.
4. Accounts and Sign-In
You can use much of the Service without an account. If you choose to sign in, we use passwordless email authentication: you enter your email address and we send a one-time code. You agree to provide accurate information, to use an email address you control, and not to create an account on behalf of anyone else without authorization.
You are responsible for keeping access to your email account secure and for all activity that occurs under your account. Notify us promptly at info@roundupdate.com if you believe your account has been accessed without your authorization. We are not liable for losses arising from unauthorized use of your account that results from your failure to safeguard your email access.
5. Anonymous Use, Device Identity, and Shared Links
Because the Service is designed to work without an account, identity within a round is often established on a per-device basis rather than through a login. When you identify yourself as a player, that choice is remembered on your device and recorded so that other participants are less likely to select the same name.
Shared links make round content visible to others. Anyone who has a round's share link can view that round's scores, updates, comments, and photos without signing in. Share links are unlisted but not secret — anyone who obtains a link, including by forwarding, can view the round. A round's editor link (optionally protected by a PIN) allows entering and changing scores. You are solely responsible for deciding with whom you share these links and PINs. Do not share a link with anyone you do not intend to give access.
Because identity is device-based and links are shareable, we cannot verify that a given participant is who they claim to be. You should not rely on the Service to establish anyone's identity.
6. User Content and License
"User Content" means anything you submit through the Service, including player names, scores, handicaps, hole updates, comments, photos, avatars, and display names.
Your ownership. As between you and Round Update, you retain whatever rights you have in your User Content. We claim no ownership of it.
License to us. You grant us a worldwide, non-exclusive, royalty-free, sublicensable (solely to our service providers for the purpose of operating the Service) license to host, store, cache, reproduce, adapt (for example, resizing and re-encoding images), and display your User Content for the purpose of operating, providing, securing, and improving the Service — including displaying it to the people you share a round with and generating shareable round summaries. This license ends when you delete the User Content, except that (a) it survives to the extent the content has been shared with others who have not deleted it, and (b) residual copies may persist in backups for the period described in the Privacy Policy.
No AI training. We do not use your User Content to train, fine-tune, or improve generative artificial-intelligence or machine-learning models, and the license above does not permit that use.
Feedback. If you send us suggestions or feedback about the Service, you grant us an unrestricted, perpetual, royalty-free right to use it without obligation or compensation to you.
Your responsibilities and representations. You represent and warrant that:
- you have the right to submit the User Content and to grant the license above;
- if your User Content includes other people's names, likenesses, photographs, or other personal information (for example, entering the names of your playing partners or posting a group photo), you have the necessary rights or permission to do so, you have provided any notices required by applicable privacy law, and you will honor any request from those individuals to remove it;
- your User Content does not violate these Terms, any applicable law, or any third party's intellectual-property, privacy, or publicity rights; and
- your User Content does not contain sensitive personal information, health information, government identifiers, or payment-card data.
You are solely responsible for your User Content and the consequences of submitting it. We have no obligation to store, preserve, or provide you with copies of your User Content, and you should keep your own records of anything you want to retain.
Recording and the consent of others
Where the Service allows you to capture or upload video or audio, you are solely responsible for obtaining any consent required to record, photograph, or share other people, and for complying with all applicable recording, wiretapping, and privacy laws. California and several other states require the consent of all parties to record a confidential communication, and penalties can be significant. You are also responsible for complying with the recording and photography policies of any course or facility.
Take particular care with content depicting minors. If you post a photo, video, or recording that includes someone under 18 who is not your own child, you are responsible for having that child's parent or guardian's permission.
You agree not to record or share content depicting any person who has asked not to be recorded, and to remove such content promptly on request. Section 18 (Indemnification) applies in full to claims arising from your recordings.
7. Acceptable Use
You agree not to use the Service to:
- post or transmit content that is unlawful, harassing, abusive, threatening, defamatory, obscene, hateful, sexually explicit, or that promotes violence or self-harm, or that infringes anyone's intellectual property, privacy, or publicity rights;
- post photographs, video, audio, or music that you did not create and do not have permission to use, including recorded music playing in the background of a video you upload;
- impersonate any person or misrepresent your affiliation with any person or entity, including by entering a real person's name as a player in a round they are not taking part in, or by using someone else's name, likeness, or photograph as your display name, avatar, or discussion name — whether that person is someone you know or a public figure;
- upload other people's personal information without a lawful basis or their permission;
- attempt to gain unauthorized access to any round, account, system, or data, including bypassing PINs, rate limits, or bot-protection measures, or guessing or enumerating share links;
- interfere with or disrupt the integrity or performance of the Service, or probe, scan, crawl, or scrape it in an automated way except as expressly permitted;
- use the Service to send spam or unsolicited messages, or to collect others' contact information for such purposes;
- use the Service, or any content obtained from it, to develop, train, or evaluate any machine-learning or artificial-intelligence model;
- resell, rent, or commercially exploit the Service or its content without our written permission; or
- use the Service in any way that violates any applicable law, regulation, or sanctions or export-control restriction.
We may remove content or suspend or terminate access that we reasonably believe violates these Terms. Images uploaded to the Service are automatically screened against known child-sexual-abuse-material hash lists, as described in the Privacy Policy; apart from that automated screening and any content reported to us, we have no obligation to monitor content, do not guarantee that we will, and are not responsible for User Content posted by others. Any reliance you place on User Content is at your own risk. Our decision to remove or not remove any content is not an endorsement of it, and our exercise of editorial discretion does not make us the publisher or speaker of any User Content.
Reporting
To report content or conduct that violates these Terms, contact info@roundupdate.com with the round link and a description of the issue. We will review reports and respond as we consider appropriate.
Interactions between users
You are solely responsible for your interactions with other users, whether within the Service or in person. We do not screen, verify, background check, or vouch for any user, and identity within a round is device-based and unverified as described in Section 5. We are not responsible for the conduct of any user.
To the fullest extent permitted by law, you release Round Update LLC and its owners, officers, employees, agents, and suppliers from any and all claims, demands, damages, and liabilities of every kind, known and unknown, arising out of or in any way connected with any dispute or interaction between you and any other user or third party, including disputes over scores, wagers, conduct during a round, or content posted about you.
If you are a California resident, you expressly waive California Civil Code § 1542, which reads: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any comparable provision of the law of any other jurisdiction.
8. Scores, Handicaps, and Friendly Wagers
Not an official handicapping service. Round Update is not affiliated with, endorsed by, sponsored by, or connected to the United States Golf Association (USGA), The R&A, the World Handicap System, the GHIN service, the PGA, or any golf association, tour, or governing body. Any handicaps used in the Service are entered by users, are not official handicap indexes, and are used only for casual net-scoring within the app. Scores, calculations, and results are provided for entertainment and convenience, may contain errors, and are not an official record. Course and hole data is supplied by third parties and may be inaccurate or out of date.
Friendly wagers and "skins". The Service includes optional formats — such as skins and match play — that record which player won each hole or skin, purely as a scorekeeping convenience. The Service does not record, display, or calculate any wager amount, stake, or payout. Round Update does not collect, hold, transfer, escrow, or pay out any money, does not take any fee, rake, commission, or stake, does not offer any prize, and is not a party to any wager. Any wager is solely between the players and is settled entirely outside the Service.
You are solely responsible for ensuring that any wagering associated with a round you record using the Service is lawful in your jurisdiction and among the people involved. The Service is not a gambling, gaming, betting, or money-transmission service, and nothing in it should be construed as an offer to facilitate any of those activities. We may remove or disable skins, match play, or any similar format at any time, including in jurisdictions where we determine they may be problematic.
9. SMS / Text Message Notifications
A person following a round may choose to receive text-message notifications about that round. This section applies if you opt in.
- Consent. By providing your mobile number and opting in, you consent to receive automated informational text messages about the round(s) you chose to follow, sent using an automatic telephone dialing system or similar technology. Consent is not a condition of purchase or of using the Service.
- Program description. Program name: Round Update score notifications. Messages contain score updates and round activity for rounds you follow.
- Frequency and cost. Message frequency varies with round activity. Message and data rates may apply according to your mobile plan and carrier.
- Opting out. You can stop messages at any time by replying STOP, and get help by replying HELP, or by contacting us at info@roundupdate.com. Carriers are not liable for delayed or undelivered messages.
- Your number. You represent that the mobile number you provide is yours, that you are authorized to receive messages at it, and that you will notify us if it is reassigned or you no longer wish to receive messages.
- Age. You must be at least 18 to provide a mobile number and opt in to text notifications, unless you have an account and a parent or guardian has consented to your use of the Service as described in Section 2. We do not knowingly send notifications to anyone under 13. Because following a round does not require an account, we may not know the age of a person who opts in, and we rely on this requirement being observed.
10. Electronic Communications and Consent to Electronic Records
By using the Service you consent to receive communications from us electronically — including these Terms, the Privacy Policy, notices of changes, transactional emails such as sign-in codes, occasional product update and announcement emails about the Service, and any legally required disclosures — by email, by SMS where you have opted in, or by posting within the Service. You agree that electronic communications satisfy any legal requirement that a communication be in writing, and that electronic signatures, acceptances, and records satisfy any requirement of a signature or original record.
You can opt out of product update and announcement emails specifically at any time using the unsubscribe link included in each one, without affecting the transactional emails needed to operate your account.
To withdraw consent to electronic communications, contact info@roundupdate.com; withdrawing consent means we may be unable to continue providing the Service to you. You are responsible for keeping your email address current.
11. Third-Party Services and Content
The Service relies on third-party providers (for example, for hosting, database and storage, email and SMS delivery, bot protection, and golf-course and weather information) and may display course data, weather, or sponsor content supplied by third parties. We do not control and are not responsible for third-party services or content, and their availability, accuracy, or continued operation is not guaranteed. Your use of third-party services may be subject to their own terms and privacy policies, and we encourage you to review them.
Sponsor or promotional content displayed in the Service is not an endorsement, and any dealings you have with a sponsor are solely between you and that sponsor.
12. Intellectual Property
The Service itself — including its software, design, text, graphics, layouts, logos, and the "Round Update" name and branding — is owned by Round Update LLC or its licensors and is protected by copyright, trademark, and other intellectual-property laws. Except for the limited, revocable, non-exclusive, non-transferable right to access and use the Service in accordance with these Terms, we reserve all rights. You may not copy, modify, distribute, sell, lease, reverse engineer, decompile, or create derivative works from the Service, or remove any proprietary notices, except to the extent that restriction is prohibited by applicable law.
13. Copyright Complaints (DMCA)
We respect intellectual-property rights. If you believe content on the Service infringes your copyright, send a notice to our designated agent containing: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to locate it (such as the round link); (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act on the owner's behalf.
Designated DMCA Agent: Matthew Morgan · Round Update LLC, 2108 N Street, Suite N, Sacramento, CA 95816 · info@roundupdate.com
We will respond to valid notices as required by the Digital Millennium Copyright Act, including by removing or disabling access to the material, notifying the person who posted it, and processing counter-notices. We may terminate the access of users who are repeat infringers.
14. Privacy
Our collection and use of personal information is described in the Round Update Privacy Policy, which is incorporated into these Terms by reference. Please review it to understand our practices. In the event of a conflict between these Terms and the Privacy Policy regarding personal information, the Privacy Policy controls.
15. Accessibility
We aim to make the Service usable by as many people as possible and are working toward conformance with WCAG 2.2 Level AA. If you encounter an accessibility barrier, please contact us at info@roundupdate.com and we will make reasonable efforts to address it and to provide the information or functionality through an alternative means.
16. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT DATA (INCLUDING SCORES) WILL BE ACCURATE, OR THAT ANY CONTENT OR DATA WILL BE PRESERVED OR AVAILABLE. YOU USE THE SERVICE AT YOUR OWN RISK.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Round Update LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REVENUE, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US TO USE THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (WHICH, FOR A FREE SERVICE, MAY BE $0) OR (B) USD $100.
Subject to the exceptions stated in Section 16, these limitations apply to all claims of every kind, including claims relating to personal injury, property damage, emotional distress, financial loss, loss or corruption of data, unauthorized access to your account or information, the accuracy of scores or results, the conduct or content of other users, and interruptions or discontinuation of the Service. You acknowledge that the Service is provided free of charge, or for a modest subscription fee if you choose Premium, that this allocation of risk reflects that fact, and that these limitations are an essential basis of the agreement between us.
These limitations apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.
18. Indemnification
You agree to defend, indemnify, and hold harmless Round Update LLC and its owners, officers, employees, agents, and suppliers from any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to your User Content, your use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party (including the rights of people whose information you submit, and any claim arising from any wager or side game among players in a round you record using the Service). We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense. You may not settle any matter in a way that imposes obligations on us without our prior written consent.
If you are a parent or guardian who accepted these Terms in connection with a minor's account as described in Section 2, this Section applies to you directly with respect to that minor's use of the Service, User Content, and interactions with other users.
19. Suspension and Termination
You may stop using the Service at any time, and if you have an account you may delete it from your account settings or request deletion as described in the Privacy Policy. We may suspend or terminate your access to the Service at any time, with or without notice, if you violate these Terms, if we reasonably believe suspension is necessary to protect the Service or its users, or if we discontinue the Service.
On termination, your right to use the Service ends immediately. Sections that by their nature should survive termination — including User Content licenses already exercised or shared, the assumption-of-risk provisions in Section 3, the release in Section 7, and Sections 6, 8, 12, 13, 16, 17, 18, 19, 20, 22, 23, and 24 — will survive.
20. Dispute Resolution, Arbitration Agreement, and Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
20.1 Informal resolution first
Before starting an arbitration or other proceeding, you and we agree to try to resolve the dispute informally. Send a written notice of dispute to info@roundupdate.com (or, for us to you, to your email on file) describing the dispute and the relief sought. If the dispute is not resolved within 60 days, either party may proceed. This informal process is a condition precedent to arbitration, and any applicable limitations period is tolled while it is pending.
20.2 Binding arbitration
Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures and its Consumer Minimum Standards of Procedural Fairness and, where applicable, its Mass Arbitration Procedures and Guidelines, each as in effect when the arbitration is commenced and as modified by these Terms. The JAMS rules are available at jamsadr.com or by calling 1-800-352-5267. If JAMS is unavailable or declines to administer the arbitration, the parties will agree on a substitute administrator, and if they cannot agree, a court of competent jurisdiction will appoint one. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitrator has exclusive authority to resolve any dispute about the scope, enforceability, or formation of this arbitration agreement, except that a court decides whether the class-action waiver in Section 20.4 is enforceable.
Arbitration will take place in Sacramento County, California or, at your election, remotely or in the county where you live. For claims under $10,000, the arbitration may be conducted on documents only unless the arbitrator determines a hearing is necessary. We will pay arbitration filing and administrative fees to the extent required by the administrator's consumer rules. The arbitrator may award any relief available in court on an individual basis, and judgment on the award may be entered in any court of competent jurisdiction.
20.3 Exceptions
Either party may (a) bring an individual action in small-claims court, and (b) seek injunctive or other equitable relief in court to prevent actual or threatened infringement or misappropriation of intellectual property or unauthorized access to the Service. Nothing in this section prevents you from reporting concerns to a government agency.
20.4 Class-action and jury-trial waiver
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.
If this waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and the remaining claims will proceed in arbitration.
20.5 Your right to opt out
You may opt out of this arbitration agreement and class-action waiver by sending written notice to info@roundupdate.com with the subject line "Arbitration Opt-Out," including your name and the email address or device associated with your use, within 30 days of first accepting these Terms. Opting out will not affect any other part of these Terms and will not affect your use of the Service.
20.6 Multiple similar claims
If 25 or more demands for arbitration raising substantially similar claims are filed against us by or with the assistance of the same law firm or coordinated group of firms, those demands will be administered under the JAMS Mass Arbitration Procedures and Guidelines and the associated fee schedule then in effect, including the appointment of a procedural arbitrator to resolve administrative and threshold questions. Nothing in this section limits any individual claimant's right to an individual determination of the merits of their claim by an arbitrator, alters the fee allocation described in Section 20.2, or extends any limitations period beyond what applicable law permits. Any applicable limitations period is tolled for each claimant from the date their demand is filed until their claim is resolved or withdrawn.
20.7 Governing law and forum
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act as to Section 20. For any dispute not subject to arbitration, you and we consent to exclusive jurisdiction and venue in the state and federal courts located in Sacramento County, California, and waive any objection to that venue. If you are a consumer resident in the EEA or UK, nothing in this section deprives you of the protection of mandatory consumer-protection provisions of the law of your country of residence, or of the right to bring proceedings there.
20.8 Time limit
To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be filed within one year after the claim arose, or it is permanently barred. This limitation applies equally to you and to us. It does not apply to any claim for which applicable law prohibits a shortened limitations period, requires a longer period, or where the claim is brought under a statute that specifies its own limitations period — in each of those cases, the period provided by law applies. If you are a resident of a state that does not permit contractual shortening of limitations periods, this Section 20.8 does not apply to you.
21. Force Majeure
We are not liable for any failure or delay in performing our obligations where that failure or delay results from causes beyond our reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, governmental action, power or internet failures, telecommunications outages, cyberattacks, or the failure or unavailability of third-party service providers.
22. Changes to the Service and These Terms
We may modify these Terms from time to time. When we do, we will update the version number and "last updated" date at the top. For material changes — including changes to Section 20 (arbitration), Section 17 (limitation of liability), or the scope of the license in Section 6 — we will provide at least 30 days' advance notice through the Service or by email where we have your address, and where appropriate present the updated Terms for acceptance. Changes are effective on the stated effective date. Your continued use of the Service after changes take effect means you accept the updated Terms; if you do not agree, you must stop using the Service. Changes to Section 20 will not apply retroactively to disputes of which we had actual notice before the change.
23. Miscellaneous
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede any prior agreements or understandings on the subject.
- Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions remain in full effect.
- No waiver. Our failure to enforce a provision is not a waiver of it or of any other provision.
- Assignment. You may not assign or transfer these Terms without our prior written consent; any attempted assignment is void. We may assign them, in whole or in part, in connection with a merger, acquisition, financing, or sale of assets.
- No agency. Nothing in these Terms creates any partnership, joint venture, employment, franchise, or agency relationship.
- No third-party beneficiaries. Except as expressly stated (for example, the indemnified parties in Section 18), these Terms do not confer rights on any third party.
- Export and sanctions compliance. You agree to comply with all applicable export-control and economic-sanctions laws in your use of the Service.
- U.S. Government users. The Service is "commercial computer software" and is provided with only those rights granted to all other users under these Terms.
- Interpretation. Headings are for convenience only. "Including" means "including without limitation." These Terms will not be construed against the drafter.
- Language. These Terms are drafted in English. Any translation is provided for convenience, and the English version controls in the event of a conflict.
- Notices. Notices to you may be sent to your email on file or posted within the Service. Notices to us must be sent to info@roundupdate.com and 2108 N Street, Suite N, Sacramento, CA 95816.
24. Subscriptions, Billing, and Cancellation
Round Update Premium. Round Update is free to use. We also offer an optional paid subscription, "Round Update Premium," which removes in-app advertising and lets you create an unlimited number of rounds. Everything needed to keep score, follow a round, and take part as a player remains free for you and the people you play with, whether or not anyone subscribes.
Pricing and billing. Premium is offered on a monthly or annual basis at the prices shown in the app at the time you subscribe (currently $5 per month or $50 per year). Prices are in U.S. dollars and do not include any taxes, which may be added where applicable. We may offer different or promotional pricing from time to time.
Payments and Stripe. Payments are processed by Stripe, Inc. You provide your payment-card details directly to Stripe through its secure checkout; Round Update does not receive or store your full card number. Your payment is also subject to Stripe's own terms and privacy policy. Our Privacy Policy describes the limited billing information we receive from Stripe.
Automatic renewal. Your subscription renews automatically at the end of each billing period — each month for a monthly plan, or each year for an annual plan — and your payment method is charged the then-current price for that plan, unless you cancel before the renewal date. By subscribing, you authorize these recurring charges until you cancel.
Cancellation. You can cancel at any time from your account, through the billing portal we provide (operated by Stripe). When you cancel, your subscription stays active through the end of the period you have already paid for and does not renew after that; your account then returns to the free tier.
Refunds. Except where required by law, payments are non-refundable and we do not provide refunds or credits for partial billing periods. Cancelling stops future charges but does not refund the period already paid for.
Price changes. We may change subscription prices. If we do, we will give you advance notice, and the new price will apply to your next billing period after the notice takes effect. If you do not agree to a price change, you may cancel before it applies.
Failed payments and downgrades. If a renewal payment fails or a subscription lapses, we may suspend Premium benefits and return your account to the free tier, including its limit on the number of rounds you can create. Rounds you already created are not deleted, but you may not be able to create new ones beyond the free limit until you resubscribe. We may add, change, or remove what Premium includes; if we materially reduce the core benefits of a paid plan, we will provide notice and, where required by law, offer you the ability to cancel or a pro-rated refund.
25. Contact
Questions about these Terms can be sent to:
Round Update LLC · info@roundupdate.com · 2108 N Street, Suite N, Sacramento, CA 95816