1. Introduction

Welcome to Up & Down: Golf Bets (“Up & Down” or the “App”). These Terms of Service (“Terms”) govern your access to and use of the App and related services operated by Hadyn Renfort (“we,” “our,” or “us”).

By creating an account, downloading the App, or otherwise accessing or using Up & Down, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the App.

2. Description of Service

Up & Down is a mobile application designed to help groups of golfers track scores, manage gameplay, and record per-hole game outcomes during private golf rounds. The App provides:

• Tools for tracking scores during golf rounds, tournaments, and multi-day trips
• A randomization engine that assigns games and team configurations on a per-hole basis
• Score and outcome tracking for various golf-betting-style games
• Multi-player support, including read-only viewer access via share codes
• Settlement summaries that calculate net unit balances among players
• Historical records of past rounds, tournaments, and trips

3. The Nature of “Units”

You and the other players in your group may, entirely outside the App and at your own discretion, choose to attribute a real-world value to units (for example, agreeing that one unit equals one dollar, one beer, or any other arrangement). Any such arrangement is a private agreement between you and the other players and has no connection to the App or its operators.

We do not facilitate, encourage, sanction, or have any knowledge of any monetary or value-based arrangements you may make outside the App. We expressly disclaim any liability arising from such arrangements.

You are solely responsible for ensuring that any private arrangements among players comply with the laws of your jurisdiction. We make no representation that private wagering among friends is legal in any particular jurisdiction.

4. Eligibility

To use Up & Down, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the App under applicable laws
• Reside in a jurisdiction where use of the App is legal

By using the App, you represent and warrant that you meet all of the above eligibility requirements. We reserve the right to terminate accounts that we reasonably believe do not meet these requirements.

5. Your Account

5.1 Account Creation

To use most features of Up & Down, you must create an account using Sign in with Apple. You agree to provide accurate and complete information during account creation and to keep your account information current.

5.2 Account Security

You are responsible for maintaining the security of your Apple Account credentials 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.

5.3 One Account Per Person

You may not create or maintain more than one account, and you may not allow others to use your account or use another person’s account without permission.

5.4 Account Termination

You may delete your account at any time through the App’s settings or by contacting us at hadyn.upanddown@gmail.com. We may suspend or terminate your account if we reasonably believe you have violated these Terms, engaged in fraudulent or illegal activity, or for any other reason at our discretion. Upon termination, your right to use the App ceases immediately.

6. Acceptable Use

You agree not to:

• Use the App for any illegal purpose or in violation of any local, state, national, or international law
• Use the App to facilitate gambling activities that are illegal in your jurisdiction
• Attempt to gain unauthorized access to the App, other users’ accounts, or our systems
• Reverse engineer, decompile, or disassemble the App
• Use automated scripts, bots, or other tools to access or interact with the App
• Interfere with the proper functioning of the App or its services
• Submit false, misleading, defamatory, harassing, or threatening content
• Use the App to harass, abuse, or harm other users
• Impersonate any person or entity, or misrepresent your identity
• Collect or scrape information about other users without their consent
• Submit content that infringes on the intellectual property rights of others

7. User Content

7.1 Content You Provide

You may provide various types of content through the App, including player names, course information, round details, side bet descriptions, and other text content (“User Content”). You retain ownership of your User Content.

7.2 License Grant

By submitting User Content to the App, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, display, and distribute your User Content solely for the purposes of operating, providing, and improving the App.

7.3 Responsibility for User Content

You are solely responsible for your User Content. You represent and warrant that:

• You have all necessary rights to submit the User Content
• Your User Content does not violate the intellectual property rights, privacy rights, or other rights of any third party
• Your User Content does not contain unlawful, defamatory, obscene, or harmful material

7.4 Content in Shared Rounds

When you participate in a multi-player round, tournament, or trip, your User Content (such as your display name and gameplay choices) may be visible to other participants. You acknowledge that you have no expectation of privacy with respect to information you choose to share in this manner.

8. Intellectual Property

8.1 Our Intellectual Property

The App, including its design, features, code, content, trademarks, logos, and underlying technology, is owned by Hadyn Renfort and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the App solely for your personal, non-commercial use, subject to these Terms.

8.2 Restrictions

You may not:

• Copy, modify, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Remove or alter any copyright, trademark, or other proprietary notices
• Use the App’s name, logos, or trademarks without our prior written permission
• Sell, sublicense, rent, lease, or otherwise transfer your access to the App

8.3 Feedback

If you provide us with feedback, suggestions, or ideas about the App (“Feedback”), you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use such Feedback for any purpose without compensation to you.

9. Third-Party Services

The App integrates with or links to third-party services, including Apple (for Sign in with Apple, App Store, and push notifications), Supabase (for backend infrastructure), and Google (for course search via Google Places API). Your use of these third-party services is governed by their respective terms and privacy policies. We are not responsible for the practices, content, or services of these third parties.

10. App Store Terms

You acknowledge that these Terms are concluded between you and Hadyn Renfort, and not with Apple, Inc. Apple is not responsible for the App or its content. The following provisions apply to your use of the App on Apple devices:

10.1 Scope of License

Apple grants you a limited, non-transferable license to use the App on Apple-branded products that you own or control, in accordance with the Usage Rules set forth in the App Store Terms of Service.

10.2 Maintenance and Support

We are solely responsible for providing any maintenance and support services for the App. Apple has no obligation to furnish maintenance or support services in connection with the App.

10.3 Warranty

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.

10.4 Product Claims

We, not Apple, are responsible for addressing any claims you or any third party have relating to the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

10.5 Intellectual Property Rights

You and we acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we (and not Apple) will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

10.6 Legal Compliance

You 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.

10.7 Third-Party Beneficiary

You acknowledge that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and Apple has the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

11. Disclaimers

Without limiting the foregoing, we do not warrant that:

• The App will meet your requirements or expectations
• The App will be uninterrupted, timely, secure, or error-free
• The information provided through the App will be accurate or reliable
• Any errors or defects will be corrected
• The App will be available in your jurisdiction

You use the App at your own risk. You are solely responsible for any decisions made or actions taken based on information from the App, including but not limited to any private wagering arrangements among players.

12. Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

You expressly acknowledge that we are not responsible for, and disclaim all liability with respect to, any private wagering or settlement arrangements among players. The App is a tracking tool only.

13. Indemnification

You agree to indemnify, defend, and hold harmless Hadyn Renfort, our affiliates, and our service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your use of the App
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content
• Any private wagering or settlement arrangements among players

14. Governing Law

These Terms and any disputes arising from or relating to these Terms or the App will be governed by the laws of the State of California, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15. Dispute Resolution and Binding Arbitration

15.1 Informal Resolution

Before filing a claim, you agree to first contact us at hadyn.upanddown@gmail.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you within 60 days. If we cannot resolve the dispute informally within 60 days, you or we may pursue formal arbitration as set forth below.

15.2 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the App that cannot be resolved informally will be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be conducted in English and will take place in California, or at another location agreed upon by the parties, or by telephone or video conference where permitted.

The arbitrator’s decision will be final and binding. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

15.3 Class Action Waiver

15.4 Exceptions

This Section 15 does not require arbitration of the following types of claims:

• Claims for injunctive or equitable relief regarding intellectual property rights
• Small claims court actions, provided the action remains in small claims court and is not removed or appealed

15.5 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to us at hadyn.upanddown@gmail.com within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, you will not be bound by Section 15, but you will still be bound by all other provisions of these Terms.

15.6 Survival

This arbitration provision survives the termination of these Terms or your account.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you through the App or by email at least 30 days before the changes take effect. The “Last updated” date at the top of these Terms reflects the most recent version.

Your continued use of the App after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the App and may delete your account.

17. Termination

We may terminate or suspend your access to the App at any time, with or without cause and with or without notice. You may terminate your account at any time by deleting it through the App’s settings or by contacting us.

Upon termination, all rights granted to you under these Terms will cease, and you must stop using the App. The following sections will survive termination: Sections 3 (Nature of “Units”), 8 (Intellectual Property), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 14 (Governing Law), 15 (Dispute Resolution), and 18 (General Provisions).

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

18.5 Force Majeure

We will not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including acts of God, war, terrorism, pandemics, government action, internet outages, or third-party service failures.

18.6 Notices

We may provide notices to you through the App, by email, or through other reasonable means. You agree to provide notices to us at hadyn.upanddown@gmail.com or by mail at the address listed in Section 19.

18.7 Relationship of the Parties

These Terms do not create any partnership, joint venture, employment, or agency relationship between you and us. You may not represent yourself as our agent, partner, or employee.

18.8 Headings

Section headings in these Terms are for convenience only and do not affect the interpretation of any provision.

19. Contact Information

If you have any questions about these Terms, please contact us:

End of Terms of Service