This End User License Agreement (this "Agreement") is a legally binding agreement between you ("User" or "you") and Divot ("Divot," "we," "us," or "our") governing your access to and use of the Divot mobile application and all related services (collectively, the "App"). Divot is a golf ranking and community platform available on iOS and other supported platforms.
Eligibility.
You must be at least 13 years of age to use the App. Users between the ages of 13 and 17 must have obtained the consent of a parent or legal guardian prior to creating an account or using the App.
As part of the account registration process, you will be required to affirmatively confirm your eligibility by checking a mandatory acknowledgment box stating that you are 13 years of age or older. You may optionally provide your date of birth during registration; however, regardless of whether you elect to do so, your checked confirmation constitutes a binding representation that you satisfy the minimum age requirement set forth in this Section. You agree not to misrepresent your age at the time of registration or at any time thereafter.
If we determine that an account is held by a user who is under the age of 13, we will terminate that account and delete any associated personal data without prior notice and without liability. By accessing or using the App, you represent and warrant that you meet all eligibility requirements set forth in this Agreement.
Account Registration & responsibility.
You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access to or use of your account by contacting us at admin@thedivotapp.com. We are not liable for any loss or damage arising from your failure to safeguard your account information.
In connection with your account, you further agree that you will not:
- Transfer, sell, or assign your account or any rights thereunder to any third party
- Create or operate multiple accounts for the purpose of circumventing a suspension, ban, or other enforcement action imposed by Divot
- Impersonate any person, entity, or brand, or use a username that is misleading, offensive, or that infringes upon the rights of any third party
Acceptable use.
You agree to use the App only for lawful purposes and in a manner consistent with this Agreement and all applicable laws and regulations. The following conduct is strictly prohibited:
3.1 — Harassment and Harmful Conduct
You may not harass, bully, threaten, stalk, or intimidate any other user. This prohibition includes conduct designed to demean, humiliate, or cause emotional harm to any individual, whether through direct messages, public posts, or any other feature of the App.
3.2 — Hate Speech and Discrimination
You may not post, share, or transmit content that promotes hatred, discrimination, or violence against individuals or groups on the basis of race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic. This includes the use of slurs, dehumanizing language, or content that calls for discriminatory treatment of any person or group.
3.3 — Explicit and Inappropriate Content
You may not upload or share sexually explicit material, graphic violence, or content that is otherwise patently offensive or inappropriate for a general audience. Given that the App is accessible to users as young as 13 years of age, all content must be suitable for that audience.
3.4 — Spam, Fraud, and Misrepresentation
You may not distribute unsolicited commercial content, engage in coordinated inauthentic behavior, manipulate scores or rankings, create fraudulent accounts, or post content that you know to be false or materially misleading.
3.5 — Illegal Activity
You may not use the App in connection with any activity that violates applicable local, state, national, or international law. This includes, without limitation: infringement of any third party's intellectual property rights; unauthorized collection or harvesting of other users' personal information; unauthorized access to or interference with the App or its underlying systems; and any other conduct that is unlawful or that facilitates unlawful activity.
User-Generated content.
The App enables users to submit, post, and share content, including but not limited to profile information, photographs, usernames, round scores, comments, and other community-facing material (collectively, "User Content"). You acknowledge and agree to the following with respect to your User Content:
- You are solely responsible for all User Content you submit, post, or otherwise make available through the App
- Your User Content must comply with this Agreement and all applicable laws and regulations
- You represent and warrant that you have all rights necessary to submit your User Content and that doing so does not violate the rights of any third party
- By submitting User Content, you grant Divot a non-exclusive, royalty-free, worldwide, sublicensable license to use, reproduce, display, and distribute your User Content
- Divot does not pre-screen User Content and does not endorse or guarantee the accuracy, completeness, or quality of any content posted by users
- Divot reserves the right, but assumes no obligation, to remove or restrict access to any User Content that we determine, in our sole discretion, violates this Agreement or is otherwise objectionable, with or without notice
Content Moderation & enforcement.
5.1 — Review and Action
Divot maintains an active moderation program to promote a safe and respectful community environment. Upon receiving a valid report of violating content, we will review the reported material and aim to take appropriate action within 24 hours. Depending on the nature and severity of the violation, enforcement action may include removal of the content, issuance of a warning, temporary suspension of the account, or permanent termination.
5.2 — Reserved Rights
We reserve the right, in our sole discretion and without prior notice or liability, to remove any content, restrict access to any feature, suspend any account, or permanently ban any user who we determine has violated this Agreement or whose conduct we determine to be harmful to other users, third parties, or the integrity of the platform. Our enforcement decisions are final, subject to any appeal process we may make available at our discretion.
5.3 — No Guarantee of Action
Notwithstanding the foregoing, Divot does not guarantee that all violating content will be identified and removed, or that enforcement action will be taken within any particular timeframe in all cases. Our failure to act with respect to a specific violation shall not constitute a waiver of our right to act with respect to that or any subsequent violation, nor shall it be construed as an endorsement of the content in question.
Reporting & blocking.
Divot provides in-app tools that allow users to report content or accounts they believe violate this Agreement and to block other users from interacting with them. Users may report profiles, posts, scores, comments, and other content using the reporting functionality available throughout the App. All reports are submitted to our moderation team for review in accordance with Section 5.
Users may block other users at any time. Blocking a user will prevent that user from viewing your profile, interacting with your content, or contacting you through the App's messaging or social features. We encourage users to utilize these tools to protect their experience on the platform.
For concerns that cannot be adequately addressed through in-app reporting, or for urgent matters, contact us directly at admin@thedivotapp.com.
Privacy.
Your use of the App is subject to Divot's Privacy Policy, which is incorporated into this Agreement by reference. The Privacy Policy describes how we collect, use, store, and disclose personal information in connection with the App. By using the App, you acknowledge that you have had the opportunity to review the Privacy Policy and consent to the practices described therein.
We process personal data in accordance with applicable privacy laws, including the Children's Online Privacy Protection Act (COPPA), the California Consumer Privacy Act (CCPA), and, to the extent applicable, the General Data Protection Regulation (GDPR). For questions or requests related to your personal data, please contact us at admin@thedivotapp.com.
Intellectual property.
The App, including all software, design elements, features, functionality, and content created or provided by Divot (excluding User Content), is owned by Divot and its licensors and is protected by applicable copyright, trademark, patent, and other intellectual property laws. Nothing in this Agreement grants you any right, title, or interest in or to the App or any Divot intellectual property, except for the limited license expressly set forth herein.
Subject to your compliance with this Agreement, Divot grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App for personal, non-commercial purposes. You may not copy, modify, distribute, sell, license, reverse engineer, decompile, or otherwise exploit any portion of the App without our express prior written consent.
Termination.
Either party may terminate this Agreement at any time. You may terminate your account by using the account deletion feature within the App or by submitting a request to admin@thedivotapp.com. We may suspend or permanently terminate your access to the App, with or without notice, if we determine that you have violated this Agreement, that your continued use poses a risk to other users or the platform, or as required by applicable law or a governmental authority.
Upon termination of this Agreement for any reason, your license to use the App will immediately cease. All provisions of this Agreement that by their nature should survive termination shall remain in full force and effect, including without limitation the sections addressing intellectual property, disclaimers of warranty, limitation of liability, and governing law.
Disclaimers of warranty.
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIVOT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DIVOT DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIVOT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP, INCLUDING ANY DAMAGES RESULTING FROM CONTENT POSTED BY OTHER USERS, EVEN IF DIVOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Modifications to this agreement.
Divot reserves the right to modify this Agreement at any time. When we make material changes, we will provide notice through the App or via email to the address associated with your account, and we will update the "Last Updated" date at the top of this Agreement.
Your continued use of the App following the posting of any modifications constitutes your acceptance of the revised Agreement. If you do not agree to the modified terms, you must discontinue your use of the App and delete your account.
Governing Law & disputes.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the App shall be subject to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware, and you hereby irrevocably consent to personal jurisdiction and venue in such courts.
General provisions.
This Agreement, together with the Privacy Policy and any other policies incorporated herein by reference, constitutes the entire agreement between you and Divot with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, or understandings. If any provision of this Agreement is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Contact us.
If you have questions regarding this Agreement, wish to report a violation not addressable through in-app tools, or need to contact us for any other reason, please reach us at:
Websitethedivotapp.com
By creating an account or using the Divot App, you confirm that you have read, understood, and agreed to this End User License Agreement.