GolfCounter Terms of Service
Article 1 (Application)
These Terms set out the conditions for using the mobile application "GolfCounter" (the "App"), the website "golf-counter.com" (the "Site"), and the services incidental to them (collectively, the "Service"), all provided by the operator of GolfCounter (the "Operator").
By using the Service, users of the Service ("Users") are deemed to have agreed to all provisions of these Terms. If you do not agree, you may not use the Service.
Article 2 (Registration)
- Some features of the Service require account registration by the method prescribed by the Operator.
- Users shall provide true and accurate information when registering.
- The Operator may decline to approve the registration of an applicant who falls under any of the following:
- The applicant has provided false information
- The applicant has previously been subject to suspension of use or a similar measure for violating these Terms
- The Operator otherwise determines that the registration is inappropriate
Article 3 (Account Management)
- Users shall manage their registration information and authentication credentials at their own responsibility.
- Users shall not allow any third party to use their registration information, nor lend, transfer, sell, or otherwise deal in it.
- Users bear responsibility for any damage arising from inadequate management of registration information, use by a third party, or the like, and the Operator assumes no responsibility whatsoever.
Article 4 (Paid Plans and Subscriptions)
- Some features of the Service are provided under a paid subscription contract (a "Paid Plan").
- The types and prices of Paid Plans are as displayed in the App and on the App Store / Google Play. Prices may change without notice.
- Payment for Paid Plans is processed through the App Store provided by Apple Inc. or Google Play provided by Google LLC (each, a "Store"). Payment terms, billing timing, receipts, and similar matters are governed by the terms of the relevant Store.
- Paid Plans renew automatically. Unless automatic renewal is turned off in the Store settings at least 24 hours before the end of the current period, the Paid Plan will automatically renew for the same period at the same price.
- Users may turn off automatic renewal at any time from their Store account settings. The Operator cannot cancel subscriptions on behalf of Users.
- A Paid Plan is the provision of services for the period during which it is available, and the Operator will not issue any refund for any reason whatsoever (including pro-rata refunds, refunds for unused periods, and full refunds). However, this does not prevent Apple Inc. or Google LLC from issuing a refund at its own discretion under the refund policy of its Store. Any such refund is made at the discretion of the Store operator and not at the Operator's expense, and the Operator assumes no additional obligation to compensate by reason of such refund.
Article 5 (Data Posted by Users)
- Copyright and other intellectual property rights in scores, round information, comments, images, and other data that Users record or post on the Service ("User Data") belong to the User or to the legitimate holder of such rights.
- Users grant the Operator and third parties designated by the Operator a free, worldwide, perpetual, non-exclusive, sublicensable, irrevocable license, including the rights to modify, reproduce, translate, and adapt, to use User Data for the following purposes:
- Providing, operating, maintaining, protecting, and improving the Service
- Aggregating and compiling statistics in a form that does not identify individuals, and publishing, selling, or providing such statistical data to third parties
- Advertising, sales promotion, and marketing of the Service and related services (including publication on the Site, social media, press releases, and advertising media)
- Use in machine learning and AI training datasets, and use of the results of such training
- Development of new services, surveys, and research
- Provision to a successor of the Operator's business, a transferee of the business, or a capital alliance partner
- Users shall not exercise moral rights of authors in User Data against the Operator or third parties designated by the Operator.
- The Operator may publish User Data on the Site or elsewhere after processing it so that individuals cannot be identified. Notwithstanding paragraph 1 of this Article, such anonymized or statistical information belongs to the Operator, and Users may not request its deletion or the cessation of its use.
- Users represent and warrant that User Data does not infringe any copyright, trademark right, right of publicity, right of privacy, or any other right of any third party, and does not violate these Terms. If a dispute arises with a third party, the User shall resolve the dispute at the User's own expense and responsibility and shall hold the Operator wholly harmless.
Article 5-2 (Rights Belonging to the Operator)
- All intellectual property rights relating to the Service, the App, the Site, and their incidental source code, designs, logos, trademarks, service names, images, text, databases, algorithms, features, UI/UX, documentation, and the like belong to the Operator or to the persons who license them to the Operator.
- All rights in derived data, statistical information, rankings, analysis reports, graphs, and visualizations created by the Operator by aggregating, processing, or compiling statistics from User Data ("Derived Content") belong to the Operator.
- With respect to feedback, suggestions for improvement, requests, ideas, bug reports, and the like that Users provide to the Operator ("Feedback"), all rights contained in such Feedback (including copyright, the right to obtain a patent, and other intellectual property rights) are deemed to be assigned to the Operator free of charge at the time of provision. Users shall not exercise moral rights of authors in Feedback against the Operator or third parties designated by the Operator.
- Users shall not reproduce, republish, publicly transmit, modify, distribute, or commercially use any information, data, or Derived Content obtained through the Service without the Operator's prior written consent.
Article 6 (Prohibited Conduct)
In using the Service, Users shall not engage in any of the following conduct:
- Conduct that violates laws and regulations or public order and morals
- Conduct related to criminal acts
- Conduct that infringes the intellectual property rights, privacy, reputation, or the like of the Operator, other Users, or third parties
- Conduct that destroys or interferes with the servers or network functions of the Service
- Conduct that may interfere with the operation of the Service
- Use of the Service for an improper purpose
- Commercial use of information obtained through the Service
- Holding multiple accounts by the same User (except where approved by the Operator)
- Publicity, advertising, solicitation, or sales activities on the Service not permitted by the Operator
- Decompiling, reverse engineering, or otherwise analyzing the source code of the App
- Any other conduct the Operator deems inappropriate
Article 7 (Changes to, Suspension of, and Termination of the Service)
- The Operator may change, add to, or remove the content of the Service without prior notice to Users.
- The Operator may suspend or stop providing all or part of the Service without prior notice to Users in any of the following cases:
- When performing maintenance, inspection, or updates of the systems for the Service
- When providing the Service becomes difficult due to force majeure, such as an earthquake, lightning, fire, power outage, natural disaster, or infectious disease
- When computers, communication lines, or the like stop due to an accident
- When the Operator otherwise determines that providing the Service is difficult
- The Operator may, at its discretion, terminate the provision of all or part of the Service by notifying Users at least 30 days in advance by any method, such as an in-app notice, email, or a posting on the Site. After the termination takes effect, the Operator may stop providing the Service, and Users will no longer be able to use the Service.
- When the Service is terminated under the preceding paragraph, the Operator will, upon request from a User who has an unexpired period remaining on a Paid Plan, refund the fee corresponding to that unexpired period. Refunds will be made through the Store's mechanisms or by a method designated by the Operator, and the Operator will not accept refund requests by any other method.
- The request under the preceding paragraph must be made through the contact point listed on the Site within 60 days from the date on which the termination of the Service takes effect. The Operator has no obligation to refund for requests made after that period.
- Beyond the refund under paragraph 4, the Operator assumes no responsibility whatsoever for any damage (including lost profits, loss of data, lost opportunities, indirect damages, and special damages) incurred by Users or third parties as a result of changes to, suspension of, or termination of the Service.
- With respect to a temporary suspension or stoppage under paragraph 2 of this Article, the Operator has no obligation to extend the contract period, and will not provide refunds, fee reductions, compensation for damages, or the like corresponding to such suspension or stoppage.
Article 8 (Restriction of Use and Deletion of Registration)
- The Operator may, without prior notice, delete User Data, restrict use of the Service, delete the account, or take other measures if a User falls under any of the following:
- The User has violated any provision of these Terms
- Any registered information is found to be false
- The User has defaulted on an obligation to pay fees or the like
- The User has not used the Service for a long period
- The Operator otherwise determines that continued use of the Service is inappropriate
- The Operator assumes no responsibility whatsoever for any damage incurred by Users as a result of actions taken under this Article.
Article 9 (Withdrawal)
Users may withdraw from the Service at any time by the procedure prescribed by the Operator. Even after withdrawal, a separate cancellation procedure in the Store is required to stop automatic renewal of a Paid Plan.
Article 10 (Disclaimer of Warranties and Limitation of Liability)
- The Operator makes no warranty of any kind, whether express or implied, regarding the Service, including fitness for a particular purpose, merchantability, accuracy, completeness, usefulness, or non-infringement of third-party rights.
- Information provided through the Service, such as score statistics, improvement guides, diagnostic results, and cost simulations, is general reference information based on data posted by Users and is not advice, a guarantee, or a recommendation to any particular User. The Operator assumes no responsibility whatsoever for the results of using such information.
- The Operator does not warrant that the Service is free from defects in fact or in law.
- The Operator assumes no responsibility whatsoever for any damage incurred by Users arising from the Service. However, if the contract between the Operator and a User regarding the Service constitutes a consumer contract as defined in the Consumer Contract Act (Japan), this disclaimer does not apply.
- Even in the case set out in the proviso of the preceding paragraph, the Operator assumes no responsibility whatsoever for damages arising from special circumstances (including where the Operator or the User foresaw or could have foreseen the occurrence of the damage) among damages incurred by Users due to the Operator's default or tort caused by the Operator's negligence (excluding gross negligence). In addition, compensation for damages incurred by Users due to the Operator's default or tort caused by the Operator's negligence (excluding gross negligence) shall be limited to the amount of fees received from the User in the month in which the damage occurred.
Article 11 (Advertising and Third-Party Services)
- The Service may contain links to, and advertisements for, services operated by third parties (including Rakuten Affiliate, Rakuten GORA, and the like).
- The provider of each third-party service is responsible for that service's terms of use, content, products, service quality, and the like, and the Operator assumes no responsibility whatsoever.
Article 12 (Intellectual Property Rights)
- Copyright, trademark rights, and all other intellectual property rights relating to the Service, the App, and the Site belong to the Operator or to the persons who license them to the Operator.
- Users shall not reproduce, republish, publicly transmit, modify, or otherwise use content provided through the Service beyond the scope of private use.
Article 13 (Changes to These Terms)
- The Operator may change these Terms without individual notice to Users when it deems necessary.
- The revised Terms take effect when posted on the Site. If a User continues to use the Service after a change, the User is deemed to have agreed to the revised Terms.
Article 14 (Handling of Personal Information)
The handling of personal information in the Service is governed by the separately established Privacy Policy.
Article 15 (Notices and Communications)
Notices and communications between Users and the Operator shall be made by the method prescribed by the Operator. Unless a User submits a notice of change in accordance with the format separately prescribed by the Operator, the Operator will send notices and communications on the assumption that the currently registered contact information is valid, and such notices and communications are deemed to have reached the User at the time they are sent.
Article 16 (Prohibition on Assignment of Rights and Obligations)
Users may not assign, transfer, pledge as security, or otherwise dispose of their position under these Terms or their rights and obligations under these Terms to any third party without the Operator's prior written consent.
Article 17 (Business Transfer)
If the Operator transfers the business relating to the Service to a third party, the Operator may, in connection with such transfer, transfer its position under these Terms, its rights and obligations under these Terms, and Users' registration information and other User Data to the transferee of the business, and Users hereby consent in advance to such transfer under this Article.
Article 18 (Severability)
Even if any provision of these Terms, or any part thereof, is held invalid or unenforceable under the Consumer Contract Act (Japan) or other laws and regulations, the remaining provisions of these Terms and the remaining parts thereof shall continue in full validity and enforceability.
Article 19 (Governing Law and Jurisdiction)
- These Terms shall be construed and applied in accordance with the laws of Japan.
- The Tokyo District Court shall have exclusive agreed jurisdiction as the court of first instance over any dispute arising between the Operator and Users in connection with the Service.