The Terms of Service define the legally binding contract between NaviCaddie and its users. Drawing upon industry precedents set by established golf applications, this agreement establishes clear boundaries regarding user behavior, intellectual property rights, automated billing procedures, and limits of liability regarding GPS accuracy.
1. Acceptance of the Agreement and Eligibility
Welcome to NaviCaddie. This Terms of Service agreement (the "Agreement" or "Terms") governs the relationship between you (the "User") and NaviCaddie regarding your use of our mobile application, website, and related golf GPS and performance tracking services (collectively, the "Service"). By downloading, registering for an account, or otherwise accessing the Service, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you are strictly prohibited from utilizing the Service.
The Service is intended solely for individuals who are at least eighteen (18) years of age or the age of legal majority in their respective jurisdiction. By utilizing the Service, you represent and warrant that you meet this age requirement and possess the legal capacity to enter into a binding contract. If you are accessing the Service on behalf of a corporate entity or organization, you further represent that you have the authority to bind that entity to this Agreement.
2. Account Registration and Security Obligations
To fully access the interactive and personalized features of the Service, you are required to create a user account. During the registration process, you must provide accurate, current, and complete information, including a valid email address and secure password. You are entirely responsible for maintaining the strict confidentiality of your login credentials and for all activities that occur under your account.
You agree to notify NaviCaddie immediately of any unauthorized use or suspected breach of security pertaining to your account. NaviCaddie cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations. We reserve the right to suspend, disable, or terminate any account if we reasonably suspect that the information provided is false, misleading, or if the account is being used in a manner that violates these Terms or applicable laws.
3. Limited License and Restrictions on Use
Subject to your continuous compliance with these Terms, NaviCaddie grants you a personal, limited, non-exclusive, non-transferable, and revocable license to access and use the Service solely for your personal, non-commercial purposes. This license permits you to utilize the application's GPS mapping, score tracking, and social features strictly as intended by the software's architecture.
This license is subject to stringent restrictions. You explicitly agree that you shall not, nor shall you authorize any third party to: reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works based upon the Service; rent, lease, sell, redistribute, or sublicense the application; use any robot, spider, web scraper, or other automated means to access, monitor, or copy any content or data from the Service; bypass or circumvent any security protocols or access control mechanisms implemented by NaviCaddie; or use the Service in any manner that could disable, overburden, or impair the proper functioning of our servers or networks.
4. Subscriptions, Auto-Renewal, and Payment Terms
NaviCaddie offers both a free basic version and premium, subscription-based access to advanced features, such as enhanced AI club recommendations, detailed statistical analytics, and comprehensive course mapping. By selecting a premium subscription plan, you agree to the following financial terms:
| Subscription Parameter |
Description and Legal Conditions |
| Billing and Auto-Renewal |
Subscriptions are billed on a recurring basis (monthly or annually) depending on the selected plan. Your subscription will automatically renew at the end of each billing cycle unless you affirmatively cancel it at least 24 hours prior to the renewal date. By subscribing, you expressly authorize recurring charges without requiring additional consent. |
| Payment Processing |
All financial transactions are securely processed through third-party platforms, specifically the Apple App Store or Google Play Store. NaviCaddie does not directly collect, process, or store your credit card information. |
| Cancellations |
You may cancel your subscription at any time by managing your account settings within the respective app store. Cancellation will take effect at the end of the current paid billing period, and you will retain access to premium features until that date. |
| Refunds and Statutory Rights |
Except as required by applicable law, all subscription fees are strictly non-refundable. However, if you are a consumer residing in the European Union or European Economic Area, you possess a statutory right to withdraw from your purchase within 14 days of the transaction date. Please note that by immediately accessing the digital content, you may waive this right of withdrawal under applicable distance selling regulations. |
5. User-Generated Content and Conduct
The Service may feature community boards, review sections, and score-sharing functionalities that allow you to post, upload, or transmit content ("User Content"). You retain all ownership rights to your User Content. However, by submitting User Content to the Service, you grant NaviCaddie a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and publicly display such content in any media format in connection with operating, promoting, and improving the Service.
You are solely responsible for your conduct and the content you submit. You agree not to post any material that is defamatory, obscene, abusive, invasive of privacy, infringing on intellectual property rights, or otherwise unlawful. NaviCaddie assumes no obligation to monitor User Content but reserves the right, in its sole discretion, to screen, edit, or remove any content that violates this Agreement or is deemed objectionable.
6. Disclaimers of Warranty and GPS Accuracy Limitations
The Service is provided strictly on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, NaviCaddie disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
NaviCaddie utilizes GPS technology and third-party mapping data to calculate distances to the pin, hazards, and specific course coordinates. You acknowledge and agree that GPS measurements are inherently approximate and subject to inaccuracies caused by environmental factors, atmospheric conditions, mobile network limitations, and device hardware constraints. NaviCaddie does not warrant the accuracy, reliability, completeness, or timeliness of any distance measurements, course layouts, or club recommendations. The Service should be used exclusively as an informational guide, and you must exercise independent judgment and situational awareness while traversing the golf course.
7. Limitation of Liability and Indemnification
To the maximum extent permitted by applicable law, under no circumstances shall NaviCaddie, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages. This includes, but is not limited to, damages for loss of profits, revenue, goodwill, use, data, or other intangible losses arising out of or in connection with your access to, use of, or inability to use the Service. In no event shall NaviCaddie's total cumulative liability to you for all claims exceed the greater of one hundred U.S. dollars ($100.00) or the total amount paid by you to NaviCaddie in the twelve (12) months immediately preceding the claim.
You agree to indemnify, defend, and hold harmless NaviCaddie and its affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your breach of these Terms, your violation of any applicable law or the rights of a third party, or your submission of unlawful User Content.
8. Dispute Resolution, Arbitration, and Class Action Waiver
Please read this section carefully as it significantly affects your legal rights. You and NaviCaddie agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved exclusively through final and binding arbitration, rather than in a court of law. The arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Mediation Procedures.
Class Action Waiver: You and NaviCaddie agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, representative, or consolidated proceeding.
The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.