Terms and Conditions of Use

1. Subject matter, Provider and contractual documents

1.1. These Terms and Conditions of Use (the "Terms") govern access to and use of Golf Stats App (the "Service"), an application for recording golf rounds and analysing their statistics, available through the website golfstatsapp.com and the iPhone app.

1.2. The Service is provided by Alessandro Frappa, an individual, Italian tax code FRPLSN03H09L483Q, based in Codroipo (UD), Italy, email address info@golfstatsapp.com (the "Provider").

1.3. The Terms of Sale ("Legal notice" page), which govern purchases and, with regard to purchases only, prevail over these Terms, and the Withdrawal and Refund Policy form an integral part of the contract. The processing of personal data is described in the Privacy Policy and in the Cookie Policy.

1.4. No provision of these Terms may be construed as limiting or excluding the rights granted to consumers by the mandatory provisions of the Italian Consumer Code (Legislative Decree No. 206 of 6 September 2005, the "Consumer Code") and by any other applicable law.

2. Definitions

For the purposes of these Terms and of the other contractual documents:

• "User": the person who creates an account and uses the Service;
• "Consumer": a User who is a natural person acting for purposes outside any trade, business, craft or profession they may carry on;
• "Account": the User's personal profile, protected by credentials;
• "User Content": data and content entered by the User, such as rounds, shots, notes, group names, proposals for courses and corrections, and reports;
• "Premium": the paid subscription plan described in the Terms of Sale;
• "History Unlock": the one-time purchase described in the Terms of Sale.

3. Conclusion of the contract and Account

3.1. The contract of use is concluded when the Account is created and these Terms are accepted, or when an updated version of them is accepted. The contract is concluded in Italian; these Terms are also available in English and German.

3.2. An Account is created with an email address and password or through the Apple or Google sign-in services. Users must be at least 14 years old to register (Article 8 of Regulation (EU) 2016/679 and Article 2-quinquies of Italian Legislative Decree 196/2003). Purchases by minors under 18 require the consent of the holder of parental responsibility.

3.3. The User undertakes to provide truthful data, to keep their credentials safe and to notify the Provider without delay of any unauthorised use of the Account. The User is responsible for activities carried out through their Account, unless they prove that they could not have prevented them.

4. Description of the Service

4.1. The Base plan is free and allows the User to record rounds and view basic statistics. The paid Premium plan adds Strokes Gained analysis and advanced statistics. Features for coaches are free. The features of each plan are described in the app and in the Terms of Sale.

4.2. Statistics, including Strokes Gained, are estimates calculated from the data entered by the User and from statistical reference values; they are provided for information and training purposes, do not constitute professional advice, and their accuracy depends on the completeness and correctness of the data entered. The Service is not affiliated with or endorsed by any professional tour.

4.3. Golf course data (holes, par, distances) comes from public sources and from User proposals, and may contain inaccuracies or be out of date.

4.4. In competitions played under the Rules of Golf, compliance with Rule 4.3 and with the terms of the competition on the use of devices during the round is the sole responsibility of the User; the Service is designed to record shots and analyse them after the round. The User must not use the Service where distraction could be dangerous, for example while driving a golf cart.

4.5. The Provider undertakes to keep the Service efficient and available; however, interruptions may occur for maintenance, updates or causes not attributable to the Provider. The Internet connection required for most features is the User's responsibility.

5. Changes to the Service

5.1. The Provider may change the Service for valid reasons, such as technical developments, security, compliance with legal requirements or improvement of features, at no additional cost to the User.

5.2. If a change negatively affects, to more than a minor extent, access to or use of Premium or a History Unlock already purchased, the Provider will notify it by email reasonably in advance. In that case the Consumer may terminate the contract free of charge within 30 days of the notice or, if later, of the change, and obtain a refund of the part of the price relating to the unused period, as provided by the Consumer Code for digital content and services.

6. Coaches, students, groups and friends

6.1. A coach can connect with a student only if the student accepts the request. From then on the coach can view the student's rounds and statistics; either of them can end the connection at any time.

6.2. In groups and between friends, some data, such as the name and summary results in leaderboards, is visible to the other participants, as indicated in the app and in the Privacy Policy.

6.3. The User may freely use the analyses provided by the Service to improve their game and, if they are a coach, to follow their students, including in the course of their professional teaching activity.

7. User Content

7.1. User Content remains the property of the User. The User grants the Provider a free, non-exclusive licence to store, process and display it to the extent necessary to provide the Service. Once approved, course proposals and corrections become part of the course database available to all Users and remain there after the Account is closed.

7.2. It is forbidden to enter content that is unlawful, offensive, defamatory or obscene, content that infringes the rights of third parties, and personal data of other people without their consent. The User is responsible for the content they enter.

7.3. If the User sends the Provider suggestions or ideas, the Provider may use them freely to improve the Service, without any obligation towards the User.

8. Notices, moderation and point of contact (Regulation (EU) 2022/2065)

8.1. The single point of contact for authorities and for Users, pursuant to Articles 11 and 12 of Regulation (EU) 2022/2065 on digital services, is info@golfstatsapp.com; communications may be sent in Italian, English or German.

8.2. Anyone can report content they consider illegal or contrary to these Terms from Settings → "Report a problem or idea" or by email, stating the reasons for the report, where the content is located (for example the name of the course or group), their name and email address, and a statement that the report is made in good faith and is accurate and complete.

8.3. Course proposals and corrections are published only after review by an administrator. Reports are reviewed by a person, without automated decision-making, in a timely, diligent and objective manner.

8.4. When the Provider removes content or restricts an Account, it informs the User concerned of the decision and of the reasons for it (Article 17 of Regulation (EU) 2022/2065). The User may challenge it by writing to info@golfstatsapp.com; recourse to the courts remains available.

9. Permitted use and suspension

9.1. The Service may only be used for the purposes set out in these Terms. In particular, it is forbidden to:

• use bots, scripts, crawlers or other automated tools to extract or bulk-copy data from the Service, including the golf course database;
• circumvent security measures or usage limits, or interfere with the operation of the Service;
• decompile the software or attempt to derive its source code, except where permitted by law;
• create fake or multiple Accounts to obtain the free trial or the referral programme's Premium days more than once;
• use the Service for unlawful purposes or to send unsolicited communications.

9.2. In the event of a breach, the Provider may take measures proportionate to its seriousness: remove content, restrict individual features, suspend the Account and, in serious or repeated cases, close it. Except in urgent cases or where the law requires otherwise, the Provider will warn the User in advance and allow them to state their case. The right to compensation for damages under the law is not affected.

10. Intellectual property

10.1. The software, the Golf Stats App name and logo, the graphics, the texts, the organisation of the course database and the calculation methods belong to the Provider or are used under licence, and are protected by law. The Provider grants the User a personal, non-exclusive, non-transferable licence to use the Service in accordance with these Terms.

10.2. For the app downloaded from the App Store, the licence to use the application is also governed by Apple's standard Licensed Application End User License Agreement.

11. Personal data

11.1. The Provider processes Users' personal data as data controller, as described in the Privacy Policy.

11.2. The Provider may process game data in anonymous and aggregated form, meaning in a way that does not allow any person to be identified, solely to improve the reference values and features of the Service. The Provider does not sell Users' data.

12. Liability

12.1. The Provider is liable for damage resulting from wilful misconduct or gross negligence (Article 1229 of the Italian Civil Code) and, towards Consumers, in all cases provided for by the Consumer Code, including the legal guarantee of conformity of digital content and services (Articles 135-octies et seq.).

12.2. Outside those cases and to the extent permitted by law, the Provider is not liable for sporting results or decisions taken on the basis of the statistics, for inaccuracies in data entered by Users or coming from public sources, or for interruptions due to causes not attributable to it, including third-party services such as the App Store, hosting providers and telecommunication networks.

12.3. The Provider is not liable for failure to perform caused by events beyond its reasonable control, such as network failures, interruptions of third-party services, orders of public authorities or natural disasters, for as long as such events last.

12.4. No limitation applies to personal injury or where the law does not allow liability to be limited.

13. Duration, withdrawal and termination

13.1. The contract of use is of indefinite duration. The User may terminate it at any time by deleting the Account from Settings → Delete Account: the Account is deactivated immediately and permanently deleted, together with the related data, after 4 days, as set out in the Privacy Policy.

13.2. Deleting the Account cancels a subscription purchased on the website. A subscription purchased on the App Store is managed by Apple and must be cancelled in the Apple ID settings; otherwise it continues to renew.

13.3. The Provider may discontinue the Service with at least 30 days' notice given by email. In that case it refunds the unused part of the price of subscriptions purchased on the website and tells the User how to request a refund from Apple for those purchased on the App Store.

14. iPhone app and App Store

14.1. The iPhone app is distributed through the App Store. Apple is not a party to these Terms and is not responsible for the Service, its maintenance, support or any claims relating to it; for all of these the sole point of reference is the Provider, at info@golfstatsapp.com.

14.2. Purchases made in the app are handled by Apple under its own terms, including with regard to payment, renewal, cancellation and refunds, as specified in the Terms of Sale and in the Withdrawal and Refund Policy.

15. Communications

Communications from the Provider to the User are sent to the email address associated with the Account or shown in the app. Communications from the User to the Provider, including notices of withdrawal and complaints, must be sent to info@golfstatsapp.com.

16. Changes to these Terms and assignment of the contract

16.1. The Provider may amend these Terms for valid reasons, such as changes to the Service, new legal requirements or security needs. Material changes are presented in the app with a request to accept them; changes required by law or solely favourable to the User apply from publication. A User who does not accept the changes may terminate the contract at any time under section 13 and, if they hold a subscription purchased on the website, obtain a refund of the unused part of the price.

16.2. The Provider may assign the contract to a company set up by the Provider, giving the User at least 30 days' notice. The contract continues on the same terms and without any reduction of the User's protections, and the User may in any case terminate it.

17. Governing law, jurisdiction and dispute resolution

17.1. These Terms are governed by Italian law. A Consumer whose habitual residence is in another Member State of the European Union keeps the protection afforded by the mandatory provisions of that State (Article 6 of Regulation (EC) No 593/2008).

17.2. Disputes with a Consumer resident in Italy fall under the jurisdiction of the court of the Consumer's place of residence or domicile (Article 66-bis of the Consumer Code); for a Consumer resident in another Member State, Article 18 of Regulation (EU) No 1215/2012 applies. In all other cases the court of Udine has jurisdiction.

17.3. The User may submit a complaint to info@golfstatsapp.com; the Provider replies within 14 days and always seeks an amicable solution. Consumers may also turn to the alternative dispute resolution (ADR) bodies provided for by Articles 141 et seq. of the Consumer Code; if a complaint is not resolved, the Provider will indicate the competent body and whether it intends to use it (Article 141-sexies).

17.4. The invalidity of any clause does not affect the validity of the others. In the event of discrepancies between language versions, the Italian version prevails; in case of doubt, clauses are interpreted in the way most favourable to the Consumer (Article 35 of the Consumer Code).