Terms of Service

1. Acceptance of Terms

By accessing or using the Services, including creating an account, joining our waitlist, or using any Givo features, you agree to be bound by these Terms and our Privacy Policy.

If you are using the Services on behalf of another person or organization, you represent that you have authority to accept these Terms on their behalf.

2. Eligibility

You must be at least 13 years old to use the Services.

If you are under 18, you may use the Services only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the Services to the extent permitted by applicable law.

You may not use the Services if you are prohibited from doing so under applicable law.

3. Description of the Services; Early Access

Givo is an AI-powered golf application that may provide features including GPS-based yardages, course information, club suggestions, AI-generated golf insights, practice recommendations, statistics, shot tracking, scoring, social features, and other golf-related tools.

The Services may currently be provided through early access, beta, testing, or pre-release programs. Features described on our website, in marketing materials, or within the Services may be under development and may change, be delayed, or never be released.

Early access and beta features may contain bugs, errors, inaccuracies, or other defects. We may modify, suspend, or discontinue any feature or portion of the Services at any time.

4. Waitlist and Communications

When joining a Givo waitlist, you agree to provide accurate information, including a valid email address.

We may send you emails necessary to provide the Services or communicate with you about your waitlist status, early access, account, security, product changes, or other service-related matters.

Where required by applicable law, promotional or marketing communications will be provided only where you have provided the appropriate consent. You may unsubscribe from promotional emails using the unsubscribe mechanism provided in those communications.

Promotional offers, including launch discounts or referral offers, may be subject to additional terms provided with the applicable offer. Unless otherwise stated, promotional offers have no cash value and may be modified or discontinued subject to applicable law and the terms of the specific offer.

5. Accounts

Certain features may require you to create an account.

You agree to provide accurate and current information and to keep your account information reasonably up to date.

You are responsible for maintaining the security of your login credentials and for activity occurring under your account. You should notify us promptly if you believe your account has been accessed without authorization.

You may not create an account using false information, another person's identity, or information that you do not have permission to use.

6. Subscriptions, Trials, and Payments

Certain Givo features may be offered through paid subscriptions, free trials, promotional periods, or other paid offerings.

Before purchasing a subscription or beginning a trial, we will provide the applicable subscription price, billing period, trial period (if any), and other material terms through the Services or applicable purchase interface.

Unless otherwise stated at the time of purchase, subscriptions may automatically renew at the end of each billing period until cancelled.

If you begin a free trial or promotional period that converts to a paid subscription, the applicable purchase screen will disclose the price and billing terms that apply after the trial or promotional period.

Subscriptions purchased through Apple's App Store are billed and managed through Apple and are subject to Apple's applicable terms and policies. You may manage or cancel such subscriptions through your Apple account's subscription settings.

Deleting your Givo account does not necessarily cancel an active App Store subscription. You must separately cancel the applicable subscription through the platform through which you purchased it.

Refunds for purchases made through an app store may be subject to that store's refund policies and procedures.

We may change subscription prices or offerings in accordance with applicable law and applicable platform requirements. Where required, we will provide appropriate notice of material changes.

7. Acceptable Use

You agree not to:

• attempt to gain unauthorized access to the Services, accounts, systems, or networks;
• submit false, misleading, or unauthorized information;
• impersonate another person or entity;
• interfere with or disrupt the operation of the Services;
• use bots, scrapers, crawlers, or other automated means to access the Services or submit signups without our written permission;
• reverse engineer, decompile, disassemble, or attempt to derive source code from the Services except to the extent expressly permitted by applicable law;
• copy, reproduce, modify, distribute, sell, sublicense, lease, or resell the Services or any substantial portion of them;
• use the Services to develop or operate a competing product using Givo's proprietary materials or data;
• circumvent security features, usage limits, or access controls;
• upload malicious code, viruses, or other harmful material; or
• use the Services in violation of applicable law or the rules of a golf course, club, tournament, or other facility.

8. User Content

Certain features of the Services may allow you to submit, upload, post, store, or share content, including scores, statistics, photos, videos, comments, profile information, or other materials (“User Content”).

You retain ownership of User Content that you own.

By submitting User Content through the Services, you grant Givo a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, display, transmit, modify as technically necessary, and otherwise use that User Content as reasonably necessary to operate, provide, maintain, improve, and promote the Services, subject to our Privacy Policy.

You represent that you have the rights necessary to submit the User Content and grant the license described above.

You are responsible for your User Content. You may not submit content that is unlawful, fraudulent, abusive, harassing, threatening, defamatory, invasive of another person's privacy, or infringing of another person's intellectual property or other rights.

We may remove or restrict access to User Content that we believe violates these Terms, applicable law, or the safety or integrity of the Services.

9. Location Data, GPS, AI, and Accuracy

The Services may rely on GPS, device sensors, satellite or mapping data, third-party course data, user-provided information, artificial intelligence models, and other technologies.

GPS locations, yardages, course information, pin locations, club recommendations, shot-tracking results, statistics, AI-generated recommendations, practice recommendations, and other outputs may be inaccurate, incomplete, delayed, unavailable, or incorrect.

Information provided by Givo is intended as an estimate and informational aid only. You remain responsible for independently evaluating conditions and making your own decisions while playing golf.

Givo does not guarantee that any yardage, course information, recommendation, statistic, AI response, or other output is accurate, complete, current, or appropriate for a particular shot or situation.

You should not rely solely on Givo when making decisions involving safety, course restrictions, tournament rules, or other circumstances where inaccurate information could result in injury, property damage, penalty, or other harm.

10. Safety and Rules of Golf

You are responsible for maintaining awareness of your surroundings while using the Services.

Do not interact with the Services in a manner that distracts you while driving a golf cart, operating a vehicle, walking in an unsafe area, or otherwise participating in activities where distraction could create a risk of injury or property damage.

You are responsible for following applicable golf course rules, club policies, tournament policies, and the applicable Rules of Golf.

Certain Givo features, including AI-generated club or strategy recommendations, may not be permitted during particular competitive rounds or other rounds subject to specific rules. You are responsible for determining whether use of a particular feature is permitted.

11. Intellectual Property and License

The Services, including the Givo name, logos, branding, software, design, interfaces, proprietary technology, AI systems, original content, and other materials provided by Givo are owned by Givo or its licensors and are protected by applicable intellectual property laws.

Subject to your compliance with these Terms, Givo grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for their intended purposes.

You may not copy, reproduce, modify, distribute, publicly display, sell, sublicense, or create derivative works from Givo's proprietary materials except as expressly permitted by these Terms or applicable law.

If you provide feedback, suggestions, ideas, or recommendations regarding the Services, you grant Givo the right to use and incorporate that feedback without restriction or compensation to you.

12. Third-Party Services and Data

The Services may rely on or integrate with third-party services, including app stores, mapping providers, GPS or location services, course-data providers, payment processors, analytics providers, authentication services, and other technology providers.

Third-party services may have their own terms, privacy policies, limitations, and availability requirements.

Givo does not control and is not responsible for the availability, accuracy, security, or performance of third-party services or data.

Course information and other third-party data may change without notice. Givo does not guarantee that such information reflects current course conditions, construction, temporary hazards, pin positions, tee locations, closures, or other changes.

13. Account Deletion and Termination

You may request deletion of your Givo account through the account-management functionality provided within the Services.

When your account is deleted, we will delete or de-identify information associated with your account as described in our Privacy Policy, except where we are legally permitted or required to retain certain information.

Deleting your Givo account does not automatically cancel subscriptions purchased through third-party platforms such as Apple's App Store.

We may suspend or terminate your access to the Services if you violate these Terms, misuse the Services, create security or legal risks, or if we discontinue the Services.

We may also suspend or terminate accounts when reasonably necessary to protect Givo, our users, third parties, or the integrity of the Services.

14. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, GIVO DISCLAIMS WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, RELIABILITY, AND NON-INFRINGEMENT.

GOLF-RELATED INFORMATION, AI OUTPUTS, YARDAGES, RECOMMENDATIONS, STATISTICS, PRACTICE PLANS, AND OTHER INFORMATION PROVIDED THROUGH THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT GUARANTEED TO BE ACCURATE OR SUITABLE FOR ANY PARTICULAR PLAYER OR SITUATION.

GIVO DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ALL TIMES.

NOTHING IN THESE TERMS DISCLAIMS A WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE DISCLAIMED OR LIMITED UNDER APPLICABLE LAW.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, GIVO AND ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, GIVO WILL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, OR DAMAGE RESULTING FROM RELIANCE ON GPS DATA, COURSE DATA, AI OUTPUTS, RECOMMENDATIONS, OR OTHER INFORMATION PROVIDED THROUGH THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, GIVO'S TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF:

1. THE AMOUNT YOU PAID TO GIVO FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
2. $50.

Nothing in these Terms limits liability that cannot legally be limited or excluded under applicable law.

16. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless Givo, its owners, members, officers, employees, contractors, affiliates, licensors, and service providers from claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• your violation of these Terms;
• your misuse of the Services;
• your User Content;
• your violation of another person's rights; or
• your violation of applicable law.

17. Apple's Role

If you access the Services through Apple's App Store, you acknowledge that these Terms are between you and Givo and not Apple.

Apple is not responsible for the Services or their content, maintenance, support, or warranties, except as otherwise required by applicable law.

Apple is not responsible for addressing claims relating to the Services, including claims that the Services infringe intellectual property rights, except as required under Apple's applicable agreements.

Your use of the Givo application must also comply with applicable Apple terms and policies.

18. Governing Law and Disputes

These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-law rules.

Any dispute arising out of or relating to these Terms or the Services will be resolved in the state or federal courts located in Sullivan County, Tennessee, unless applicable law requires otherwise.

You consent to the jurisdiction and venue of those courts.

Nothing in this section prevents either party from seeking emergency or equitable relief where permitted by law.

19. Changes to These Terms

We may update these Terms from time to time.

If we make material changes, we will provide reasonable notice, such as through the Services or by email where appropriate.

The updated Terms will become effective on the date stated in the updated Terms. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms, to the extent permitted by applicable law.

20. General

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.

These Terms, together with the Privacy Policy and any additional terms specifically applicable to particular features or services, constitute the entire agreement between you and Givo regarding your use of the Services.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Givo may assign these Terms in connection with a merger, acquisition, corporate restructuring, sale of assets, or similar transaction.

21. Contact Us

Questions about these Terms may be directed to:

support@givogolf.com

Givo is operated by HMB Crestmonte Holdings, LLC.