Terms of Service

The following Terms of Service (the “Terms”) govern access to and use of the Golf Crow mobile application and website (the “Service”) operated by FabForeDev Inc (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance and compliance with these Terms. The Terms apply to all users, visitors, and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms do not access or use the Service.

Terms Highlights

– Your privacy is super important to us and we value it highly. How we collect and use information is described in our Privacy Policy

– You can cancel your subscription at any time via the App Store or Google Play. Beyond the free trial period we do not offer refunds

– Your saved matches are part of the permanent record and cannot be deleted

– We are not liable for your activities and no warranties are made by FabForeDev Inc

– We can cancel or suspend your account if you act inappropriately

– We want your feedback and you allow us to use it

– You agree to arbitrate if there is a dispute between us

– There are easy ways to reach us if you have questions or need help

Jurisdiction

These Terms shall be governed and construed in accordance with the laws of New York State, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the Terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

The Terms constitute the entire agreement between you and FabForeDev Inc with respect to your use of the Service and you agree that no joint venture, partnership, joint controllership, employment or agency relationship exists as a result of the Terms or your use of the Service.

Modifications / Privacy

We reserve the right to modify or amend the Terms from time to time without notice. Your continued use of our Service following the posting of changes to these Terms signifies your acceptance of those changes. By using the Service, you also agree to our Privacy Policy.

Disclaimer and Limitation of Liability

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, data accuracy or course of performance.

FabForeDev Inc, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any time or particular location; b) any errors or defects will be corrected; c) the Service is free of harmful components; or d) the results of using the Service will meet your requirements.

To the maximum extent permitted by law, we will not be liable for any damages of any kind arising from the use of the Service.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of FabForeDev Inc and its licensors. The Service is protected by copyright, trademark and patents and other laws of both the United States and foreign countries. Our trademarks, copyrighted materials, patents, and trade dress may not be used in connection with any product or service without the prior written consent of FabForeDev Inc.

Conduct

We want the Service to be safe, secure and in accordance with the law. The Service is for your personal and noncommercial use. You may not copy, create derivative works from, display, distribute, license, modify, publish, sell or transfer for any commercial purpose any portion of the Service, use of the Service, or access to its content. You may not use the service or assist or encourage any other party to engage in any of the following prohibited activities:

a) Copy or mirror any part of the Service;

b) Access the Service to monitor its availability, performance or functionality;

c) Permit any third party to access the Service;

d) Copy, create a derivative work, decompile, modify, reverse engineer or otherwise attempt to extract the source code of the software underlying the Service or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to FabForeDev Inc;

e) Enter content, material, information or data that is harmful or interferes with the Service or any third party networks, equipment, applications, services, or websites;

f) Attempt to degrade, disrupt, impair or violate the integrity or security of the Service or associated accounts, computers or networks including any activity that typically precedes attempts to breach security

g) Use an automated system or take any action that interferes with our infrastructure;

h) Bypass measures we may use to prevent or restrict access to the Service.

Termination

You agree that FabForeDev Inc may under certain circumstances and without prior notice, immediately suspend or terminate your account and/or access to the Service. Cause for such suspension or termination shall include but not be limited to breaches or violations of the Terms.

Indemnification

You agree to defend, indemnify and hold harmless FabForeDev Inc and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Arbitration

Any controversy or claims arising out of or relating to the Terms of Service or use of the Golf Crow mobile application, including any claim that the Terms of Service or any part thereof is invalid, illegal or otherwise voidable or void, shall be submitted to final and binding arbitration before, and in accordance with, the Commercial Rules of the American Arbitration Association before (1) arbitrator, and judgment upon the award may be entered in any court having jurisdiction thereof. Such arbitration is to take place in New York City, NY, unless both parties agree to another location.

Apple

This section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Golf Crow only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third-party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third-party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

In-App Purchase. Certain enhanced features of the Service are available for your purchase through Apple App Store. The purchase(s) is/are referred to collectively as the “In-App Purchase(s)” and are subject to the following terms:

(a) When you make an In-App Purchase, payment will be charged to your iTunes account at confirmation of the purchase.

(b) In-App Purchase may take the form of an auto-renewable subscription. These subscriptions automatically renew unless auto-renew is turned off at least 24-hours before the end of the current subscription period. Your iTunes account will be charged for renewal within 24-hours prior to the end of the current subscription period. You may manage the subscriptions and turn off auto-renewal by going to your iTunes account settings after purchase.

For any inquiries relating to In-App Purchase, please contact golfcrow@fabforedev.com.

Contact Info

Questions or comments about these Terms may be submitted by email to golfcrow@fabforedev.com or via https://golfcrow.com/contact