These Terms of Service ("Terms") are a binding agreement between you and StickScout LLC ("StickScout LLC," "we," "us," or "our") governing your use of the StickScout web app, iOS app, and Android app, and any related services (together, the "App").
Operator: StickScout LLC — [mailing address TBD on LLC formation]
Contact: support@stickscout.com
PLEASE READ SECTIONS 8 (NO WARRANTY), 9 (COURSE-STATUS ESTIMATES), AND 10 (LIMITATION OF LIABILITY) CAREFULLY. THEY LIMIT OUR LIABILITY AND EXPLAIN THAT COURSE-CONDITION INFORMATION IS AN UNVERIFIED ESTIMATE.
By downloading, accessing, or using the App, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the App. If you use the App on behalf of an organization, you represent that you are authorized to bind that organization.
You must be at least 13 years old (or 16 where a higher age applies under local law) to use the App. The App is intended for a general golfing audience and is not directed to children (see the Privacy Policy).
Subject to these Terms, StickScout LLC grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App for your own personal, non-commercial golf planning. All rights not expressly granted are reserved.
You agree not to:
The App lets you submit condition reports about golf courses — for example a status such as "aerating," "recovering," "overseeding," "closed," or "normal," together with an optional free-text note ("User Content").
You retain any rights you have in your User Content. By submitting User Content, you grant StickScout LLC a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, and transferable license to use, host, store, reproduce, modify (for formatting), publish, and display that User Content in connection with operating, improving, and promoting the App, including displaying it to other users. This license survives even if you stop using the App, to the extent needed to operate and maintain the historical dataset; you may still request deletion of your reports as described in the Privacy Policy.
You represent and warrant that your User Content:
You must not submit content that is defamatory, harassing, discriminatory, obscene, deceptive, or that knowingly misstates a course's condition. Do not submit content designed to harm a course's reputation or business.
We do not pre-screen User Content and are not obligated to monitor it. However, we reserve the right, but not the obligation, to review, moderate, edit, refuse, remove, or disable any User Content at any time, for any reason or no reason, without notice. Removing or declining content does not make us responsible for content we do not remove. User Content reflects the views of the user who submitted it, not StickScout LLC.
If you believe User Content is unlawful, infringing, or violates these Terms, contact support@stickscout.com with a description of the content and where it appears. For copyright complaints, include: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location in the App; (c) your contact information; (d) a statement that you have a good-faith belief the use is not authorized; (e) a statement, under penalty of perjury, that your notice is accurate and you are authorized to act; and (f) your physical or electronic signature. We will respond to properly submitted notices as required by applicable law and may remove the material.
If you operate, manage, or represent a golf course listed in the App and believe a displayed status or report about your course is inaccurate, contact us at support@stickscout.com and we will review and, where appropriate, promptly correct or remove it. See Section 9.
The App integrates data and services from third parties, and their availability and accuracy are outside our control:
Your use of any third-party service through the App may be subject to that third party's terms. We are not responsible for third-party services, their data, their availability, or their acts or omissions.
Golf course names, club names, and related marks are the property of their respective owners and are used in the App solely to identify and locate courses for your convenience (nominative fair use). StickScout and StickScout LLC are not affiliated with, endorsed by, sponsored by, or otherwise connected to any golf course, club, resort, brand, or other business listed or referenced in the App. No listing implies any relationship, endorsement, or approval.
THE APP AND ALL CONTENT, CALCULATIONS, ESTIMATES, WEATHER DATA, COURSE DATA, AND CROWD REPORTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
We specifically disclaim the implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement.
The App is a planning and informational aid only. Daylight, twilight, pacing, frost, morning-condition, "plays-like," and course-status outputs are estimates and predictions based on models and third-party data. They can be wrong, out of date, or unavailable. Do not rely on the App for safety-critical decisions. Always use your own judgment about weather, daylight, course conditions, and your ability to complete a round safely, and follow the instructions of course staff and local authorities.
Course-maintenance statuses shown in the App — such as "aerating," "recovering," "overseeding," "closed," "normal," aeration-likelihood outlooks, and "upcoming maintenance" notes — are unverified estimates and predictions, not confirmed facts. They are generated from statistical/seasonal models, publicly available information, and crowd reports, and are labeled in the App with a source and a recency/confidence indication.
These statuses are opinions and predictions derived from models and public and user-submitted data. They are NOT statements of fact about any course's actual operations, maintenance schedule, business practices, or the current playability of any course. They may be inaccurate, incomplete, mistimed, or applied to the wrong course.
Always confirm directly with the course (for example, by calling the pro shop) before making plans, traveling, or booking a tee time. StickScout LLC makes no representation that any status reflects a course's actual condition at any given time, and disclaims all liability arising from reliance on these statuses to the maximum extent permitted by law.
If you operate a listed course and believe a status is inaccurate, contact support@stickscout.com and we will review and, where appropriate, correct or remove it (Section 5.6).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
Savings clause. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities (including for gross negligence, willful misconduct, death or personal injury caused by negligence, or fraud). In those jurisdictions, our liability is limited to the maximum extent permitted by law, and some of the above exclusions or limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.
To the extent permitted by law, you agree to indemnify and hold harmless StickScout LLC and its founder, affiliates, and suppliers from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your User Content, your use of the App, or your violation of these Terms or of any law or third-party right.
The App itself — its software, design, text, graphics, and original content — is owned by StickScout LLC and protected by intellectual property laws. Except for the limited license in Section 3, these Terms do not grant you any rights in the App or our trademarks. Course data remains © OpenStreetMap contributors under the ODbL, and third-party content remains the property of its respective owners.
The core App may be offered for free. If we offer paid features or subscriptions:
You may stop using the App at any time. We may suspend or terminate your access to the App (or any feature, including report submission) at any time, with or without notice, if you violate these Terms, misuse the service, or where we reasonably believe it is necessary to protect the App, other users, third parties, or StickScout LLC. Sections that by their nature should survive termination — including Sections 5.1, 8, 9, 10, 11, 12, 15, and 16 — survive.
These Terms are governed by the laws of State of California, USA, without regard to its conflict-of-laws rules, except where mandatory local consumer-protection law provides otherwise.
(If you intend to require arbitration and/or a class-action waiver, have counsel add a jurisdiction-appropriate arbitration clause here before launch.)
Questions about these Terms: support@stickscout.com
Operator: StickScout LLC — [mailing address TBD on LLC formation] (StickScout LLC)