Terms of Service
These Terms of Service govern your use of NewGolf, our website located at https://newgolfonline.com, and any related services provided by NewGolf Apps SL.
When you create a NewGolf account or use NewGolf, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by NewGolf Apps SL.
If you access or download NewGolf from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
We, NewGolf Apps SL, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on May 19, 2024.
Intellectual Property
The intellectual property in the software, materials, and content provided in the NewGolf mobile application and on our website is owned by or licensed to NewGolf Apps SL. This includes, but is not limited to, the design, layout, look, appearance, graphics, and documentation. Users are granted a limited license to download the NewGolf application to view, use, and display the application on their mobile devices strictly for their personal, non-commercial use only. This grant of a license is not a transfer of title. Under this license, you may not:
- Modify or copy the materials;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained in the NewGolf application;
- Remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or “mirror” the materials on any other server.
The App and its original content, features, and functionality are protected by international copyright and trademark laws. NewGolf Apps SL retains all rights to the App’s interface, proprietary algorithms, and underlying technologies.
Our App provides the functionality to record, save, and share your golf swing videos and associated data. You retain ownership rights to any content you create, submit, post, or display on or through the App. However, by uploading or sharing your content, you grant NewGolf a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user-generated content in any existing or future media. This also includes sharing it within the App as permitted through its functionality and under these Terms. You grant other users of the App the right to access, display, and interact with your content according to the settings you choose within the App’s sharing functions.
The license granted to you for NewGolf is subject to these Terms and may be terminated by NewGolf Apps SL at any time if you fail to comply with any provision of these Terms. Upon termination of the license, you must immediately destroy any downloaded materials in your possession, whether in electronic or printed format.
Account Management
When you create an account with NewGolf, you must provide accurate and complete information as prompted by the registration form. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device. You agree to accept responsibility for all activities that occur under your account or password. NewGolf stores and processes personal data that you have provided to us, including but not limited to your name, email, golf-related performance data, and videos of your golf swings, to provide a personalized experience. The storage and use of your personal information are governed by our Privacy Policy.
Automatic Updates
You give us permission to download and install updates to NewGolf on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting NewGolf from your device.
Liability
NewGolf and all materials in NewGolf and on our website are provided on an ‘as is’ and ‘as available’ basis. NewGolf Apps SL disclaims all warranties, express or implied, to the extent permitted by law. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property or other violation of rights. NewGolf Apps SL does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that our app or server that makes it available are free of viruses or other harmful components.
In no event shall NewGolf Apps SL, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the NewGolf app; (ii) any conduct or content of any third party on the NewGolf app; (iii) any content obtained from the NewGolf app; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
Given the nature of the application, which includes the provision of golf swing analysis and performance data, users are advised to use the information provided by the NewGolf app carefully and responsibly. NewGolf Apps SL is not liable for any actions taken based on the information provided through our app, nor for any incorrect data or analysis derived from user input or technical errors. Users should verify all information and data provided by the app before making any decisions based on such data.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, the above limitations may not apply to you. If you are dissatisfied with any portion of the NewGolf app or with any of these terms, your sole and exclusive remedy is to discontinue using the app.
Accuracy of Materials
The information and materials provided in the NewGolf application and on our website are intended for general informational purposes only and are not exhaustive. NewGolf Apps SL makes every effort to ensure the accuracy and reliability of the data, particularly the golf-related metrics and performance data generated by the application, such as swing speed, ball speed, launch angle, attack angle, spin rate, and other golf performance indicators. However, we do not guarantee the completeness, accuracy, or reliability of this information and the results that may be obtained from the use of our app. These materials should not be the sole basis for making significant decisions, including those related to golf training or gameplay enhancements.
We recommend consulting more comprehensive or specialized sources when seeking information critical to your decisions. The responsibility for ensuring the appropriateness and consequences of decisions based on information found in our application rests solely with you, the user. NewGolf reserves the right to make changes to the content within our app and on our website at any time without prior notice. It is your responsibility to monitor these changes to stay informed.
Additional Tools
Our website and mobile application integrate with a variety of third-party tools and services essential for enhancing functionality and improving user experience. These services include Google Analytics, Facebook Meta Pixel, TikTok Pixel, the Meta Conversion API, Google Tag Manager for detailed analytics, as well as Mailgun and Mailchimp for targeted communication and marketing efforts. Access to these tools is provided on an ‘as is’ and ‘as available’ basis, without any warranties, express or implied, and NewGolf Apps SL does not endorse or assume liability for the functionality, content, or availability of these services.
By using our website and app, you acknowledge that these third-party services may access, handle, and store your data as necessary for the provision of their services in line with their own privacy policies and terms. We encourage you to review the terms and privacy policies of these third-party providers before engaging with our site and app. NewGolf reserves the right to introduce new third-party tools in the future to enhance service functionality further. NewGolf is not responsible for any potential damage or loss resulting from your use of these integrated tools.
Links
NewGolf Apps SL has not reviewed all of the sites linked to NewGolf or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by NewGolf Apps SL of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Inaccuracies and Mistakes
Please note that any content available on our app may contain typographical errors, inaccuracies, or mistakes related to the service’s description and availability. We have the right to cancel or update any existing services should any information provided by us be proven inaccurate. Said information can be amended at any time without prior notice. Please note that we are not obligated to clarify any of the information related to our service.
Service Availability
Please be aware that NewGolf, while generally accessible, may have periods of unavailability. We reserve the right to disable the service from time to time to perform necessary tasks such as scheduled backups, maintenance, or system upgrades, aimed at enhancing your user experience and ensuring the optimal performance of the app.
Although we strive to notify our users in advance of any substantial downtime, please understand that some situations may necessitate urgent maintenance. In such extreme cases, we may need to disable the service immediately and without prior notice. We appreciate your understanding and patience during these periods, as we work diligently to ensure the consistent quality and reliability of NewGolf.
Notice regarding Apple
To the extent that you are using or accessing NewGolf on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and NewGolf Apps SL only, not with Apple Inc. (Apple), and Apple is not responsible for NewGolf and any materials available in NewGolf.
Apple has no obligation to furnish you with any maintenance and support services with respect to NewGolf.
If NewGolf fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to NewGolf and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to NewGolf or your use of NewGolf, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) 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 our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using NewGolf, including any Usage Rules set forth in the Apple App Store Agreement of Service.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service and, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.
You hereby represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Right to Terminate
We may suspend or terminate your NewGolf account and right to use NewGolf and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Spain. You irrevocably submit to the exclusive jurisdiction of the courts in that location.
