Condor Golf Terms and Conditions

1. Agreement and Accounts

Acceptance: By accessing, using, or signing up for the Services, you indicate your acceptance of these Terms.

Age Limit: The Services are intended only for persons who are at least 13 years old. If you are under the legal age to form a legally binding contract in your jurisdiction, you may use the Services only with the permission of your parent or legal guardian.

If you are a parent or legal guardian of a Condor Golf user under the legal age to form a binding contract in your jurisdiction, you agree to be fully responsible for the acts or omissions of such user, including any breach of these Terms. Condor Golf always reserves the right to refuse access to the Services by users under the legal age, in our sole discretion.

Account Creation: To use the Services, you must sign up and create an account. By creating an account, you agree:

• To provide accurate, current and complete information about yourself (“User Data”);
• To keep User Data up to date, and make any changes as soon as possible;
• That Condor Golf may use your User Data to provide Services that you access or use and as set out in these Terms and our Privacy Policy;
• To create only one account for your personal use and not to share your account or Condor Golf subscription with others;
• That all activities associated with your account on the Services reflect authentic activities done by you; and
• That Condor Golf has the right to suspend or terminate your account and refuse current or future use of the Services if you violate these Terms, or as otherwise determined within Condor Golf’s discretion.

Third Party Integration: You may sign up or log in using third-party networks, such as Google, Apple, or Facebook. By accessing the application through these Third-Party Accounts, the authentication is delegated to them, and you authorize us to use those credentials based on their privacy policies.

Security: You are fully responsible for maintaining the confidentiality of your account password and for preventing unauthorized access to your account.

You accept full responsibility for all activities that occur under your account or from your devices.

You agree to notify Condor Golf immediately of any unauthorized access or use of your account or password, or any other breach of security. Unauthorized access to your account could expose your User Data and any other information or content you provide to Condor Golf to unwanted or unintended third parties.

2. Subscriptions, Payments, and Referral System

Fees: The app is free to be used with basic functionalities. While some features of the Services are free, advanced functionalities may require a paid subscription. Subscription fees are paid on a periodic billing cycle based on the plan you choose.

Payment Processing: Payment is usually performed through Stripe with no collection of your banking information; once you get to the Stripe page, their privacy policies apply.

Auto-Renewal: Your subscription will renew automatically at the start of every billing period and will continue until your subscription is canceled. Your subscription will auto-renew unless canceled at least 24 hours before the end of the current period.

Cooling Off: If you reside outside the United States, you may be entitled under local law to change your mind and receive a full refund within 14 days of subscribing.

Free Trials: We have the right to offer free trials whenever we want and however we choose. Unless otherwise stated, free trials cannot be combined with other offers and will last for the duration stated in the free trial offer. If you begin your subscription with a free trial, you will be billed for your subscription fee at the end of the free trial, unless you cancel your subscription at least 24 hours before the free trial ends.

Beta Features: Condor Golf may make certain features available to you as part of a beta release, early access program, or similar opportunity to test or use the features (“Beta Features”). Beta Features may not be supported and may require you to update your version of the Services. Use of Beta Features is at your own risk and you understand that they may contain errors, design flaws or other problems. The “Your Feedback” section of these Terms applies to any feedback you provide related to Beta Features. We may change or remove access to Beta Features at any time.

Referral System: Condor Golf offers a referral program designed to benefit specific eligible categories of users (such as verified coaches, golf courses, and select partners). This referral system is exclusive to these groups and is not available for all standard users to act as referrers.

In order for a user to successfully benefit from this referral system, the following three (3) strict conditions must be met:

• One-Time Use: Only one (1) referral is possible per individual user.
• Timeframe Requirements: The referral code or link must be applied either exactly at the time of account creation or within a maximum of three (3) days following the creation of the account.
• Active Subscription Status: The referral and any related benefits will remain valid solely for the duration that the associated subscription is active. If the subscription lapses or is canceled, the referral benefits will immediately terminate.

3. Content Ownership and Conduct

In these Terms, “Content” means any content created, shared, posted, or made available in connection with the Services, such as text, images, videos or other data, whether posted or shared publicly, privately, or via a third-party API.

You agree and confirm that:

• You remain the owner of the intellectual property rights in your Content, including the scores and game data you input into your scorecard.
• You own all Content shared, posted or made available by you in connection with the Services, or that you have the legal right to use such Content.
• Your sharing, posting, or use of Content does not violate, misappropriate, or infringe on any rights of a third party, including (without limitation) privacy rights, publicity rights, copyrights, or other intellectual property rights; and you will be fully responsible for all royalties, fees, and any other obligations in connection with any Content you share, post, or use in connection with the Services.

License to Condor Golf: To provide the Services, we need permission to use your Content. This permission is called a license.

To provide our services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, and adapt your Content without compensation to you.

Content Moderation and Picture Uploads: We aim to protect users, enforce our Terms, and promote safety. Because our application allows you to upload pictures and videos, we utilize an automated detection system to scan images and ensure that strictly golf-related pictures are uploaded to the platform. We reserve the right to review accounts and user actions to ensure compliance with our Terms, and we can suspend or terminate accounts as a result.

You are fully responsible for Content which you post, upload, share, transmit or make available via the Services, including any illegal Content. Condor Golf is not responsible for, and does not endorse or support, any Content. We do not guarantee any aspect of any Content, including its accuracy, completeness, usefulness, or quality. You accept all risks relating to use of the Services, including risks arising from reliance on the accuracy, completeness, usefulness, or quality of any Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, objectionable, or illegal.

Condor Golf may—consistent with relevant laws—screen, monitor, hide, restrict, refuse or remove any Content that we find violates these Terms or is objectionable based on our policies or standards.

4. Course GPS and Geolocation Features

Condor Golf utilizes your device’s geolocation to enable the course GPS through Google Maps, compute distances between you and a golf course, and detect that you are near a golf course.

Assumption of Risk: You accept all safety, security, and other risks associated with the use of these map- and location-based features.

Responsibility: You agree to use these features safely and responsibly, in accordance with your circumstances and applicable laws, paying full attention to your physical surroundings on the course.

5. Artificial Intelligence and Game Analysis

Condor Golf processes your inputted game data to provide detailed reports on your strengths and weaknesses to help you identify areas for improvement.

AI Integrations: As part of providing the Services, we may use artificial intelligence (such as Google Gemini) and machine learning to provide these features.

Limitations: AI technologies have known and unknown risks and limitations and may make mistakes; you understand and agree that you use AI features at your own risk.

6. Disclaimers of Warranties

The Services and any Content are provided to you “as is” and “as available” and without warranty of any kind. Condor Golf disclaims all warranties, including that the Services will be uninterrupted, secure, or error-free.

Any information, performance metrics, or game analyses shared via the Services are designed for educational and entertainment purposes only and should not be construed as medical or professional advice.

7. Limitation of Liability and Indemnity

To the maximum extent permitted by applicable law, you expressly agree to release Condor Golf from any and all liability in connection with your athletic activities and/or use of the Services.

Condor Golf shall not be liable for any direct, indirect, punitive, incidental, or consequential damages arising out of your use or misuse of the Services. You agree to indemnify and hold Condor Golf harmless from any claim or demand arising out of Content you submit, your use of the Services, or your violation of these Terms.

8. Governing Law and Dispute Resolution

Our data processing practices and your relationship with Condor Golf are governed by Canadian law. Before any party may begin a lawsuit or arbitration, the parties will use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations.

9. Modification of Terms

Condor Golf reserves the right to update the Terms at any time and for any reason in its sole discretion. We will notify you in advance of any material changes to the Terms. By continuing to access or use the Services after we have provided you with notice of a modification, you agree to be bound by the modified Terms.