Terms of Use & EULA
Note: this is a template Terms of Use and End User Licence Agreement pending review by qualified Australian legal counsel before publication.
1. Acceptance of terms
These Terms of Use, together with our Privacy Policy (together, the “Terms”), form a binding agreement between you and Vertial Holdings Pty Ltd (“GolfBod”, “we”, “us”) governing your use of the GolfBod mobile application and golfbod.co website (the “Services”). By downloading, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
2. Eligibility
You must be at least 16 years old to use the Services. By using the Services, you represent that you meet this requirement and that you have the legal capacity to enter into these Terms.
3. Licence
Subject to your compliance with these Terms, Vertial Holdings Pty Ltd grants you a personal, non-exclusive, non-transferable, revocable licence to download and use the GolfBod app on devices you own or control, solely for your own personal, non-commercial use. All rights not expressly granted to you are reserved by Vertial Holdings Pty Ltd.
4. Subscriptions & auto-renewal
Certain features of GolfBod may be offered on a subscription basis. Subscriptions are purchased and billed through the Apple App Store or Google Play, depending on your device. Your subscription will automatically renew for the same period unless you cancel it at least 24 hours before the end of the current billing period. You can manage or cancel your subscription at any time in your Apple ID or Google Play account settings. Refunds are handled by Apple or Google in accordance with their respective refund policies — we do not process refunds directly.
5. Acceptable use
You agree not to:
- Use the Services for any unlawful purpose or in violation of these Terms;
- Attempt to reverse-engineer, decompile, or extract the source code of the app, except as permitted by law;
- Interfere with, disrupt, or attempt to gain unauthorised access to the Services or related systems;
- Copy, resell, sublicense, or redistribute the Services without our written consent; or
- Use the Services in a manner that could harm, disable, or impair GolfBod or other users.
6. User content
If the Services allow you to submit notes, logs, or other content, you retain ownership of that content. You grant Vertial Holdings Pty Ltd a worldwide, non-exclusive, royalty-free licence to store, process, and display that content solely for the purpose of operating and improving the Services.
7. Intellectual property
The Services, including all software, text, graphics, logos, and other content (excluding your own user content), are owned by Vertial Holdings Pty Ltd or its licensors and are protected by intellectual property laws. Nothing in these Terms transfers any ownership rights to you.
8. Health & Fitness Disclaimer
GolfBod provides general fitness and training content. It is not medical advice and is not a substitute for professional medical guidance. You should consult a physician or qualified healthcare provider before starting any exercise program, especially if you have any pre-existing medical condition, injury, or concern.
You assume all risk associated with your use of the Services, including any exercise, program, or advice provided. If you feel pain, dizziness, shortness of breath, or any other concerning symptom while training, stop immediately and seek medical attention. Vertial Holdings Pty Ltd disclaims all liability for any injury or health issue arising from your use of the Services.
9. Third-party services
The Services may rely on or link to third-party services, including the Apple App Store, Google Play, RevenueCat, and analytics or hosting providers. We are not responsible for the content, policies, or practices of any third-party service, and your use of those services is governed by their own terms.
10. “As is” disclaimer
The Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by law.
11. Limitation of liability
To the maximum extent permitted by law, Vertial Holdings Pty Ltd will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or related to your use of the Services, even if advised of the possibility of such damages. Nothing in these Terms excludes any consumer guarantee or right that cannot lawfully be excluded under the Australian Consumer Law.
12. Indemnity
You agree to indemnify and hold harmless Vertial Holdings Pty Ltd, its officers, employees, and agents from any claims, losses, liabilities, and expenses (including legal fees) arising out of your use of the Services or breach of these Terms.
13. Termination
We may suspend or terminate your access to the Services at any time, including for breach of these Terms. You may stop using the Services at any time. Provisions of these Terms that by their nature should survive termination will continue to apply.
14. Governing law
These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
15. Apple-specific terms
If you access GolfBod through the Apple App Store, the following additional terms apply and take precedence over any conflicting terms:
- This licence is between you and Vertial Holdings Pty Ltd only, and not with Apple Inc. Apple is not responsible for the Services or their content.
- Apple has no obligation to furnish any maintenance or support services for GolfBod.
- In the event of any failure of GolfBod to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) to you; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to GolfBod.
- Apple is not responsible for addressing any claims by you or any third party relating to GolfBod, including product liability claims, claims that GolfBod fails to conform to legal or regulatory requirements, and claims arising under consumer protection legislation.
- In the event of a third-party claim that GolfBod infringes another party’s intellectual property rights, Vertial Holdings Pty Ltd, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of any such claim.
- Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, 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.
- You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government list of prohibited or restricted parties.
16. Changes
We may update these Terms from time to time. If we make material changes, we’ll notify you through the app or website. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
17. Contact us
Questions about these Terms can be sent to support@golfbod.co.