Terms of Service

1. Agreement and Acceptance

These Terms of Service and End User License Agreement (“Terms”) are a binding agreement between you and Cardine LLC, a Minnesota limited liability company (“Cardine,” “Gaggle Golf,” “we,” “us,” or “our”). They govern your access to and use of the Gaggle Golf mobile application, watch application, websites, public viewer pages, connected-device features, subscriptions, content, software, and related products and services (collectively, the “Services”).

By downloading, installing, creating an account, purchasing a subscription, clicking to accept, or using the Services, you agree to these Terms and the Gaggle Golf Privacy Policy. If you do not agree, do not use the Services. If you use the Services for an organization, you represent that you have authority to bind it, and “you” includes that organization.

2. Eligibility and Minor Users

You must be at least 13 years old to use the Services. If you are under the age of legal majority where you live, you may use the Services only with the permission and supervision of a parent or legal guardian who has reviewed and agrees to these Terms on your behalf. A parent or guardian is responsible for the minor’s use and account. Cardine may require age confirmation and may restrict public sharing, advertising, commercial-data uses, connected-device features, or other functionality based on age, location, platform requirements, or law.

The Services are not directed to children under 13. You may not use the Services if law prohibits you from receiving them, if you are subject to applicable trade sanctions, or if Cardine has previously suspended you for serious or repeated violations.

3. Accounts and Security

You must provide accurate, current information and keep it updated. You are responsible for activity under your account and for protecting credentials, devices, share links, and other access methods. Notify support@gagglegolf.com promptly if you suspect unauthorized access. You may not sell, transfer, or share an account except through a feature Cardine expressly provides.

4. The Services

Gaggle Golf provides golf-related location, scoring, sensor, fitness, social, media, public-viewing, analytics, recommendation, and connected-device features. Features may differ by device, region, course, subscription, permissions, hardware, connectivity, and release stage. Some features are beta, experimental, or generated using algorithms or AI and may change or be discontinued.

Cardine may add, remove, limit, or modify features; impose reasonable usage or storage limits; and release updates. We will provide notice when required by law or when a change materially affects a paid subscription. You may need current software, compatible devices, permissions, an internet connection, and third-party accounts to use some features.

5. License to the Services

Subject to these Terms, Cardine grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the applicable software on devices you own or control for lawful, personal use and as permitted by applicable app-store usage rules. Family Sharing and volume-purchase access are permitted where Apple allows them. Cardine and its licensors retain all rights not expressly granted.

6. Subscriptions, Purchases, Trials, and Billing

Auto-Renewal

Paid features may be offered through auto-renewing subscriptions. Before purchase, the applicable screen will identify the subscription, price, billing period, trial or promotional terms, and material features. Unless you cancel before renewal, your subscription automatically renews for the period shown and the billing platform charges the then-applicable price and taxes.

Apple Purchases

For a subscription purchased through Apple, Apple processes payment and controls billing, renewal, cancellation, refunds, and payment-method issues under Apple’s terms. Manage or cancel the subscription through your Apple account settings. Deleting the app or your Gaggle Golf account does not automatically cancel an Apple subscription.

Direct and Other Purchases

For a purchase made directly from Cardine or another authorized platform, the purchase screen and provider terms govern payment, renewal, cancellation, and refunds. You authorize the applicable provider to charge the payment method on file. Cardine may change prices for future periods with notice required by law and platform rules.

Trials and Promotions

A trial converts to a paid subscription at the disclosed price unless canceled before the trial ends. Eligibility may be limited, and one trial may be allowed per person, account, household, payment method, or subscription group. Cardine may modify or end a promotion prospectively.

Cancellation and Refunds

Cancellation normally takes effect at the end of the current paid period, and access continues until then. Except where required by law or the billing platform’s rules, charges are non-refundable and Cardine does not provide prorated refunds or credits. If Cardine terminates a paid Service for convenience before the end of a prepaid period, Cardine will provide any refund required by law or the applicable platform.

7. User Content and Data License

“User Content” means any scores, game data, round events, notes, messages, profile information, photos, videos, audio, transcripts, stories, reactions, club or bag data, feedback, session events, GPS or location tracks, health and fitness telemetry, motion and sensor streams, recordings, labels, ground-truth annotations, public-share material, and other content or information you submit, create, record, upload, transmit, or make available through the Services. You retain any ownership rights you have in User Content.

You grant Cardine and its affiliates, successors, service providers, licensees, and commercial partners a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, store, reproduce, modify, adapt, translate, analyze, create derivative works from, distribute, transmit, display, perform, publish, commercialize, and otherwise use User Content as reasonably necessary to provide, secure, operate, support, promote, research, develop, and improve the Services and Cardine’s business, including to develop, train, test, evaluate, and improve algorithms and models; create datasets, statistics, benchmarks, and insights; enable public sharing; and support OEM, research, and commercial programs.

For User Content you choose to make public, the license is also perpetual and irrevocable to the extent permitted by law because others may rely on, copy, share, or incorporate public content. For non-public User Content, the license continues while needed for the Services and survives account deletion for information lawfully retained in co-player or multiplayer records; raw or derived recordings; location, health and fitness, motion, sensor, and session telemetry; labeled or ground-truth data; ghost-grouped longitudinal records; backups; security or legal records; de-identified or aggregated datasets; derived insights; and models or outputs, as further described in the Privacy Policy. Removing your account identifiers does not necessarily destroy the underlying corpus or unlink every retained record from every other retained record.

The license is subject to the Privacy Policy, applicable consent and opt-out rights, and platform restrictions. It does not authorize Cardine to use HealthKit, Motion & Fitness, precise location, private recordings, or known-minor data for advertising, marketing, data-broker sale, or unrelated model training in violation of law or Apple rules.

You represent that you own or have all rights, permissions, and consents needed for your User Content and Cardine’s permitted use, including for identifiable people, locations, voices, images, course materials, and third-party content. Do not submit confidential information or content you are not authorized to share.

8. Public Sharing and Social Features

Public stories, profiles, games, live-view pages, messages, leaderboards, reactions, and capability links may reveal information to other users or the public. Anyone with a share link may be able to access the linked content. Other people may copy, screenshot, index, save, or reshare public content outside Cardine’s control.

You are responsible for choosing an appropriate audience and for respecting the privacy and safety of other players and bystanders. Do not use public sharing to track, harass, threaten, expose, or endanger another person. Cardine may remove content, restrict sharing, revoke links, or suspend accounts to protect users or enforce these Terms.

9. Community Standards and Moderation

You may not submit or use the Services for content or conduct that is unlawful; infringing; fraudulent; deceptive; defamatory; threatening; harassing; hateful; sexually exploitative; violent; invasive of privacy; dangerous; abusive; spam; malware; unauthorized advertising; or otherwise harmful or objectionable.

Cardine may use automated tools and human review to detect, filter, investigate, restrict, or remove content and accounts. Cardine does not undertake to monitor all content and is not responsible for User Content posted by others. Report objectionable content or conduct through available in-product controls or support@gagglegolf.com. Use available blocking controls for abusive users. Cardine may preserve and disclose evidence when reasonably necessary for safety, enforcement, or legal compliance.

10. Recording, Location, Health, and Connected Devices

The Services may access camera, microphone, photos, speech recognition, precise location, background location, HealthKit, Motion & Fitness, Bluetooth, nearby interaction, connected glasses, Apple Watch, AirPods, weather, and other device capabilities only with applicable permissions. When Gaggle Golf records or logs user activity, you must follow visible and audible indicators and obtain any consent required from other people.

You may use recording and sharing features only where lawful and safe. You are responsible for notifying and obtaining permission from people who may be recorded, photographed, tracked, or included in submitted content. Do not use Gaggle Golf for covert surveillance or to monitor someone without authorization.

11. AI and Algorithmic Features

The Services may use machine learning, AI, computer vision, speech recognition, and other automated methods. Outputs are estimates, may be incomplete or wrong, and are not statements of fact or professional advice. Review outputs before relying on them.

Cardine’s use of information for model development is governed by Section 7 and the Privacy Policy. Cardine may use round data, sensor streams, recordings, labels, ground-truth annotations, and derived features for internal shot-detection and other core Gaggle Golf models, subject to the sensitive-data limits in the Privacy Policy. Features may use third-party AI and text-recognition providers to extract information from scorecard photos and speech-recognition providers to process voice input, including off-device processing. Cardine will provide a clear disclosure and obtain explicit permission before sending personal data to a third-party AI provider when required by Apple or applicable law. Third-party providers may have separate terms for data Cardine is permitted to send.

12. Golf, GPS, Fitness, Weather, and Safety Disclaimer

Gaggle Golf is a recreational golf product. Distances, maps, course data, weather, scores, shot detection, club suggestions, sensor analysis, health and fitness information, and AI outputs are estimates. They can be delayed, unavailable, incomplete, or inaccurate because of device placement, GPS or sensor error, weather, terrain, obstructions, course-data quality, connectivity, battery state, user input, third-party systems, or other conditions.

The Services are not medical devices, medical advice, emergency services, lightning detection, navigation for protecting life or property, or a substitute for official warnings, course rules, professional advice, or your judgment. Stop using a device when necessary to play safely. Monitor official weather and emergency sources, seek shelter when appropriate, and follow course and local-authority instructions. Do not rely on Gaggle Golf to diagnose, treat, prevent, or monitor a health condition.

13. Advertising, OEM Programs, and Third-Party Services

The Services may include sponsored content, contextual or targeted advertising, OEM programs, offers, links, integrations, hardware, maps, weather, identity, payment, analytics, diagnostic, AI, or other third-party services. Cardine may receive compensation from commercial partners. Sponsored or advertising content does not constitute an endorsement or warranty.

Third-party services are governed by their own terms and may change or become unavailable. Cardine is not responsible for third-party products, content, security, privacy practices, availability, or transactions, except as required by law. You must comply with applicable third-party terms.

14. Acceptable Use and Restrictions

Except where law expressly permits, you may not, and may not help another person to:

• copy, modify, translate, distribute, sell, sublicense, lease, or create derivative works from the Services or Cardine content;
• reverse engineer, decompile, disassemble, discover source code, or bypass technical protections;
• scrape, crawl, harvest, index, or use automated means to access the Services except through an authorized interface;
• use the Services or data to build, train, benchmark, or operate a competing product, dataset, or model;
• access another person’s account, interfere with the Services, probe security, introduce malware, or evade limits;
• use the Services for illegal gambling, cheating, unlawful surveillance, export violations, or infringement;
• misrepresent identity or affiliation, manipulate scores or analytics, or submit false or misleading information; or
• remove proprietary notices or use Cardine names, marks, or content without permission.

15. Cardine Intellectual Property and Feedback

The Services, software, designs, brands, models, datasets, documentation, and Cardine-provided content are owned by Cardine or its licensors and protected by law. “Gaggle Golf,” related marks, and the Services’ look and feel may not be used without permission.

If you provide ideas, suggestions, or feedback, you grant Cardine a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free right to use and commercialize it without restriction or compensation. Do not provide feedback you consider confidential.

16. Suspension, Termination, and Account Deletion

You may stop using the Services at any time and may request account deletion through available controls. Account deletion and subscription cancellation are separate. Account deletion may delete or queue deletion of identity-bearing records while preserving and reassigning certain round, game, location, health and fitness, motion, sensor, recording, telemetry, labeling, and derived records to a non-user grouping rather than erasing the underlying corpus. Some co-player content, provider copies, and backups may also remain. The Privacy Policy explains these practices, applicable rights, and provider limitations.

Cardine may suspend, restrict, or terminate access immediately for suspected fraud, security risk, illegal conduct, abuse, nonpayment, or material or repeated violation of these Terms; when required by law or a platform; or to protect Cardine, users, or others. Cardine may terminate a Service for convenience with reasonable notice where practical. Sections that by their nature should survive will survive, including content licenses, payment obligations, intellectual property, disclaimers, liability limits, indemnity, dispute terms, and general provisions.

17. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. CARDINE AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND PARTNERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

CARDINE DOES NOT WARRANT THAT THE SERVICES, DATA, CONTENT, MODELS, DEVICES, OR OUTPUTS WILL BE ACCURATE, COMPLETE, SAFE, AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THESE TERMS MAY NOT APPLY TO YOU.

18. Limitation of Liability and Indemnity

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARDINE AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS; PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR FAILURE TO USE REASONABLE CARE; OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEIR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS OR THE AMOUNT YOU PAID CARDINE FOR THE SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS APPLY TO ALL THEORIES OF LIABILITY AND DO NOT LIMIT LIABILITY THAT LAW DOES NOT ALLOW CARDINE TO LIMIT.

Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless Cardine and the parties listed above from claims, losses, liabilities, damages, judgments, fines, penalties, costs, and reasonable attorneys’ fees arising from your User Content, unlawful or unsafe conduct, misuse of the Services, violation of these Terms, or violation of another person’s rights. Cardine may control the defense, and you will cooperate. This obligation does not apply to the extent a claim results from Cardine’s own unlawful conduct.

19. Dispute Resolution; Individual Arbitration; Class and Jury Waivers

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

A. Informal Resolution First

Before filing a claim, the claimant must send an individualized written Notice of Dispute describing the facts, legal basis, requested relief, and account email. Send notices to support@gagglegolf.com and 6417 Penn Ave S - Ste 7 -1123, Minneapolis, MN 55423-1196. The parties will attempt in good faith to resolve the dispute for 60 days. A limitations period is tolled during this process. Either party may request an individualized telephone or video settlement conference.

B. Binding Individual Arbitration

Except for the exceptions below and unless you timely opt out, any dispute, claim, or controversy arising out of or relating to the Services, these Terms, the Privacy Policy, purchases, communications, data practices, or the parties’ relationship will be resolved by binding individual arbitration under the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association under its applicable Consumer Arbitration Rules, as modified by these Terms. The arbitrator may award the same individual relief a court could award and will issue a reasoned decision.

The arbitration may occur by documents, telephone, video, or in person in the county where you live or another mutually agreed location. Cardine will pay fees it must pay under applicable consumer-arbitration rules. The arbitrator will decide disputes about the scope or enforceability of this arbitration agreement, except a court will decide disputes about the class-action waiver, mass-filing procedure, or public-injunctive-relief limitations.

C. Exceptions

Either party may bring an eligible individual claim in small-claims court. Either party may seek temporary or injunctive relief in court to prevent actual or threatened infringement, misappropriation, unauthorized access, or security abuse. Nothing prevents reporting to or participating in a government agency proceeding. Claims that applicable law does not permit to be arbitrated may proceed in court.

D. No Class or Representative Proceedings

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND CARDINE AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT COMBINE CLAIMS OR AWARD RELIEF FOR ANYONE OTHER THAN THE INDIVIDUAL CLAIMANT.

E. Coordinated or Mass Filings

If 25 or more substantially similar arbitration demands are submitted against Cardine by or with the assistance of the same or coordinated counsel or organizations, they will be administered in batches of up to 25 demands. One batch will proceed at a time unless the parties or administrator agree otherwise. Each batch will be treated as one coordinated administrative unit for fee scheduling and case-management purposes, while each claimant retains an individual arbitration. Statutes of limitation are tolled for demands waiting their turn. If this batching procedure is unenforceable, a court may enforce the class waiver to the maximum extent permitted.

F. Jury-Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND CARDINE WAIVE ANY RIGHT TO A JURY TRIAL FOR A DISPUTE COVERED BY THESE TERMS.

G. Thirty-Day Arbitration Opt-Out

You may opt out of Sections 19.B through 19.E by emailing support@gagglegolf.com within 30 days after first accepting these Terms. Use the subject “Arbitration Opt-Out” and include your full name, account email, and an unequivocal statement that you opt out. Opting out does not affect the remaining Terms and will not result in retaliation.

H. Severability

If a portion of this Section is unenforceable, it will be severed or limited to the minimum extent necessary, and the rest remains effective. If the class-action waiver is unenforceable for a particular claim, that claim must proceed in court, not class arbitration.

20. Governing Law, Venue, and Claim Period

The Federal Arbitration Act governs Section 19. Except where applicable law requires otherwise, Minnesota law governs these Terms without regard to conflict-of-law rules. Any dispute permitted to proceed in court must be brought exclusively in the state or federal courts serving Hennepin County, Minnesota, and the parties consent to jurisdiction and venue there.

To the maximum extent permitted by law, a claim must be filed within one year after it accrues or it is permanently barred. This period does not shorten a limitation period that law does not permit the parties to shorten.

21. Apple App Store Additional Terms

If you obtained the Gaggle Golf app through Apple’s App Store, the following terms apply:

• These Terms are between you and Cardine, not Apple. Cardine, not Apple, is responsible for the app and its content.
• The license is limited to use on Apple-branded products you own or control as permitted by Apple’s usage rules, including permitted Family Sharing or volume purchasing.
• Cardine is solely responsible for maintenance and support. Apple has no obligation to provide maintenance or support.
• To the extent any warranty cannot be disclaimed and the app fails to conform, you may notify Apple, and Apple may refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation.
• Cardine, not Apple, is responsible for product-liability, regulatory, consumer-protection, privacy, and other claims relating to the app, including claims involving HealthKit.
• Cardine, not Apple, is responsible for investigating, defending, settling, and discharging intellectual-property claims relating to the app.
• You represent that you are not in a U.S.-embargoed or terrorist-supporting country and are not on a U.S. prohibited or restricted party list.
• You must comply with applicable third-party agreements when using the app.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you upon acceptance.
• Questions, complaints, and claims must be directed to Cardine using the contact information in Section 24.

22. Changes to These Terms

Cardine may update these Terms. We will post the updated version and change the “Last Updated” date. We will provide notice and obtain renewed acceptance when required by law or when a change materially affects existing rights. Changes apply prospectively unless law permits otherwise. Continued use after the effective date of an update constitutes acceptance where permitted.

23. General Terms

These Terms and incorporated policies are the entire agreement about the Services and supersede prior agreements on that subject. If a provision is unenforceable, it will be limited or severed and the remainder will continue. Cardine’s failure to enforce a provision is not a waiver. You may not assign these Terms without Cardine’s consent; Cardine may assign them in connection with an affiliate, financing, merger, acquisition, reorganization, or asset transfer. Cardine is not liable for delay or failure caused by events beyond reasonable control. Headings are for convenience only.

24. Contact Information