Terms of Service

Last updated: [date — draft]

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 [LEGAL ENTITY NAME], a [STATE] [ENTITY TYPE] with its principal place of business at [ADDRESS], 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 and Age Requirements

The Service is intended for a general audience of golfers and is not directed to children. You must be at least [13 / 16 / 18 — CONFIRM WITH COUNSEL] years old to use the Service. If you are under the age of majority in your jurisdiction, you may use the Service only with the involvement and consent of a parent or legal guardian who agrees to these Terms on your behalf and accepts responsibility for your use.

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.

We do not knowingly collect personal information from children under 13. If you believe a child under 13 has provided us personal information, please contact us at [CONTACT EMAIL] and we will take appropriate steps to delete it. See the Children's and Teens' Privacy section of our Privacy Policy.

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, 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 Service is provided free of charge and we do not commit to any particular feature set, uptime, or level of support.

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 [CONTACT EMAIL] 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.

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;
• impersonate any person or misrepresent your affiliation with any person or entity;
• 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. 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.

Reporting

To report content or conduct that violates these Terms, contact [CONTACT EMAIL] with the round link and a description of the issue. We will review reports and respond as we consider appropriate. [IF YOU HAVE EU USERS, CONFIRM WITH COUNSEL WHETHER THE EU DIGITAL SERVICES ACT IMPOSES NOTICE-AND-ACTION, STATEMENT-OF-REASONS, OR POINT-OF-CONTACT OBLIGATIONS ON THE SERVICE.]

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 let a group track a friendly wager, including an optional dollar value per hole, purely as a scorekeeping convenience. 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 you track 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 wager-tracking features at any time, including in jurisdictions where we determine they may be problematic. [CONFIRM THIS ANALYSIS WITH COUNSEL — SOCIAL-WAGER TRACKING FEATURES CAN IMPLICATE STATE GAMBLING AND APP-STORE RULES EVEN WHERE NO MONEY MOVES THROUGH THE PLATFORM.]

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 [CONTACT EMAIL]. 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.

[CONFIRM SMS PROGRAM DETAILS, CARRIER-REQUIRED DISCLOSURES, A2P 10DLC REGISTRATION, AND TCPA CONSENT-CAPTURE RECORDS WITH COUNSEL AND YOUR MESSAGING PROVIDER. TCPA CLASS-ACTION EXPOSURE IS THE SINGLE LARGEST LEGAL RISK IN THIS DOCUMENT — THE OPT-IN FLOW, DISCLOSURE TEXT, AND CONSENT LOGS SHOULD BE REVIEWED BEFORE LAUNCH.]

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, 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.

To withdraw consent to electronic communications, contact [CONTACT EMAIL]; 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 [LEGAL ENTITY NAME] 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: [NAME] · [ADDRESS] · [EMAIL] · [PHONE]

[REGISTER THE DESIGNATED AGENT WITH THE U.S. COPYRIGHT OFFICE AT dmca.copyright.gov — SAFE-HARBOR PROTECTION IS NOT AVAILABLE WITHOUT REGISTRATION, AND REGISTRATION MUST BE RENEWED EVERY THREE YEARS.]

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 — CONFIRM TARGET]. If you encounter an accessibility barrier, please contact us at [CONTACT EMAIL] 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. [CONFIRM SCOPE WITH COUNSEL.]

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, [LEGAL ENTITY NAME] 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].

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. [CONFIRM CAP AND ANY CARVE-OUTS — FOR EXAMPLE, FOR INDEMNIFICATION OBLIGATIONS OR WILLFUL MISCONDUCT — WITH COUNSEL.]

18. Indemnification

You agree to defend, indemnify, and hold harmless [LEGAL ENTITY NAME] 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 a wager you track 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.

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, Sections 6, 8, 12, 13, 16, 17, 18, 19, 20, and 22 — 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 [CONTACT EMAIL] (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 / the American Arbitration Association — SELECT ONE] under its [applicable consumer arbitration rules], as modified by these Terms. 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 [COUNTY, STATE] 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 [CONTACT EMAIL] 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 Mass-arbitration protocol

[CONSIDER ADDING A BATCHING OR MASS-ARBITRATION PROTOCOL. COURTS HAVE INVALIDATED ARBITRATION CLAUSES WITH AGGRESSIVE OR ONE-SIDED BATCHING TERMS — THIS SHOULD BE DRAFTED BY COUNSEL, NOT COPIED FROM ANOTHER COMPANY'S TERMS.]

20.7 Governing law and forum

These Terms are governed by the laws of the State of [STATE — e.g., 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 [COUNTY, STATE], 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

Any claim arising out of or relating to these Terms or the Service must be filed within one year after it arose, or it is permanently barred, except where a longer period is required by applicable law. [SOME STATES DO NOT PERMIT SHORTENED LIMITATIONS PERIODS — CONFIRM WITH COUNSEL.]

[THE ENTIRE OF SECTION 20 IS THE HIGHEST-RISK DRAFTING IN THIS DOCUMENT. AN ARBITRATION CLAUSE THAT IS PRESENTED WITHOUT ADEQUATE NOTICE, OR THAT IS ONE-SIDED, MAY BE HELD UNENFORCEABLE IN ITS ENTIRETY. ENSURE THE ACCEPTANCE FLOW GIVES CONSPICUOUS NOTICE AND AN AFFIRMATIVE CLICK, AND KEEP THE ACCEPTANCE RECORDS DESCRIBED IN SECTION 1.]

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 [CONTACT EMAIL] and [MAILING ADDRESS].

24. Contact

Questions about these Terms can be sent to:

[LEGAL ENTITY NAME] · [CONTACT EMAIL] · [MAILING ADDRESS]