Terms & Conditions

These Terms & Conditions (“Terms”) govern your download, access to and use of the KaddieIQ BallFIT application (“KaddieIQ BallFIT”, the “App”).

The App is provided by:

KaddieIQ Limited
Company number: 17096125
Registered in England and Wales
Registered office: 167–169 Great Portland Street, 5th Floor, London W1W 5PF, United Kingdom
Email: support@kaddieiq.com
Telephone: 03337724817

In these Terms, “KaddieIQ”, “we”, “us” and “our” mean KaddieIQ Limited.

“You” and “your” mean the person using the App.

These Terms are intended to operate as KaddieIQ's Terms of Use and, if submitted to Apple as such, its custom End-User Licence Agreement (“EULA”) for the App.

Nothing in these Terms limits or excludes any statutory consumer right that cannot lawfully be limited or excluded.

1. UK SERVICE#

These Terms have been prepared for users of KaddieIQ BallFIT in the United Kingdom, meaning England, Wales, Scotland and Northern Ireland.

The App and any paid subscription offered under these Terms are currently intended for UK users.

We may make the App available elsewhere in the future under different or additional terms.

2. AGE REQUIREMENT#

You must be at least 16 years old to use KaddieIQ BallFIT.

If you are aged 16 or 17, you must have the permission of a parent or legal guardian to use the App.

A paid subscription must be purchased by:

• a person aged 18 or over; or
• the parent or legal guardian of a user aged 16 or 17.

If you are 16 or 17, you should ask a parent or guardian to purchase any subscription for you.

We do not knowingly permit anyone under 16 to use KaddieIQ BallFIT.

3. WHAT KADDIEIQ BALLFIT DOES#

KaddieIQ BallFIT is a golf-ball information and recommendation application.

You tell the App about the ball you play now, your course, how far you hit certain clubs and what matters to you. The App compares your answers with information about golf balls and gives you its assessment of how well your ball suits your game and, with BallFIT Premium, a short list of balls with the reasons for each.

Depending on the version of the App and your subscription, features may include:

• a free check of the ball you play;
• a result of “A match”, “Close” or “Not a match”, with reasons;
• a certificate, where your result is “A match”;
• searching for your golf course by name or finding courses near you;
• weather and typical temperatures at your home course;
• with BallFIT Premium: running the check as often as you like, three recommended balls in each of three price ranges, a dashboard that keeps your fits and history, and an explanation of each choice.

The precise functionality included in the free and paid versions of the App will be identified within the App.

KaddieIQ BallFIT is an information and assistance tool. Its results are estimates to help you decide. They are not guarantees that a particular ball will suit you or perform in any particular way, and they do not replace trying a ball, advice from a qualified club fitter or professional, or your own judgement.

4. HOW RESULTS ARE WORKED OUT#

Results are calculated from the answers you give and from information about golf balls.

That information is based on details published by golf-ball manufacturers and on KaddieIQ's own analysis. Manufacturers change their balls and their published details, and real balls vary, so the information may be out of date, incomplete or inaccurate for a particular ball.

Your own results depend on the accuracy of what you tell the App, such as your distances. If you enter inaccurate information, the result will be less reliable.

Prices shown are approximate, may differ between retailers and change over time. They are not offers to sell.

5. INDEPENDENCE AND TRADE MARKS#

KaddieIQ BallFIT is independent. It is not sponsored, endorsed by, or affiliated with any golf-ball manufacturer.

Golf-ball makers' and products' names and marks are used only to identify their products, and remain the property of their owners.

6. RULES OF GOLF AND COMPETITIONS#

KaddieIQ BallFIT does not tell you whether a ball is permitted for use in a particular competition.

The R&A and the USGA publish a list of conforming golf balls, and the Rules of Golf, Local Rules and the Terms of Competition applicable to a round decide what you may use.

You are responsible for checking that any ball you choose is permitted for the rounds in which you intend to use it.

7. WEATHER AND TEMPERATURE INFORMATION#

The App may display third-party weather information relating to the golf course you have selected, and typical temperatures for that course.

Weather forecasts are inherently uncertain and actual conditions may differ materially from information displayed by the App.

KaddieIQ BallFIT is not an emergency-warning, lightning-detection or life-safety service. Do not rely on the App to decide whether it is safe to play golf. Always take account of official weather warnings, course warning systems and the instructions of course staff.

8. ACCOUNTS AND YOUR DEVICE#

You do not need to create an account, and you do not need to give us your name or email address, to use KaddieIQ BallFIT.

The App creates an anonymous player identifier for your device. It is described in the Privacy Statement. It is used to link a subscription you buy to your device so that it can be restored.

The answers you give the App, and your saved results, are stored on your device. If you delete the App or erase its data, you may lose them, and we cannot restore them for you.

You must not:

• attempt to access another person's information;
• circumvent payment or subscription controls;
• interfere with the security or operation of the App; or
• use the App unlawfully.

9. FREE AND PAID FEATURES#

KaddieIQ BallFIT includes both free and paid functionality.

The free check may be limited to one check on each device. BallFIT Premium lets you run the check again and use the other Premium features.

The App will identify the features included in any paid subscription before you purchase it.

We may alter free functionality from time to time.

Where the App describes a feature as “coming”, it is not part of the subscription you are buying today, and we do not promise that it will be provided or when.

We will not intentionally remove material functionality that you have already paid to receive during a current paid subscription period without taking account of your statutory consumer rights.

10. APPLE APP STORE SUBSCRIPTIONS#

Where a subscription is purchased within the iOS App, the purchase is made using Apple In-App Purchase and is processed through the Apple App Store.

Before you subscribe, the App or Apple's purchase interface will display the applicable:

• subscription name;
• features or service provided;
• subscription duration;
• full subscription price;
• renewal price; and
• any applicable introductory or promotional offer.

The price presented by Apple before purchase is the price applicable to that transaction.

Apple processes the payment and applicable billing information.

KaddieIQ does not receive your complete payment-card details from Apple.

We use a subscription-management provider, RevenueCat, to confirm your purchase and restore it. It is described in the Privacy Statement.

11. AUTOMATIC RENEWAL#

An Apple auto-renewable subscription continues and automatically renews unless you cancel it at least 24 hours before the end of the current period.

The applicable billing period will be displayed before purchase.

Your Apple Account is charged for renewal within 24 hours before the end of the current period, at the price then applying.

Apple manages renewal billing.

Where Apple requires notice or consent in relation to a subscription price increase, that process is handled through Apple's subscription system.

12. CANCELLING AN APPLE SUBSCRIPTION#

You may cancel an Apple App Store subscription through your Apple Account.

On an iPhone this can normally be done through:

Settings → your name → Subscriptions → KaddieIQ BallFIT → Cancel Subscription

The App also has a Manage or stop my subscription button that opens Apple's subscriptions page.

Cancellation stops future automatic renewal.

Unless Apple or applicable law provides otherwise, access to paid functionality normally continues until the end of the subscription period already paid for.

Deleting the App does not cancel an Apple subscription.

Erasing your BallFIT data in the App does not cancel an Apple subscription.

13. REFUNDS AND UK CANCELLATION RIGHTS FOR APP STORE PURCHASES#

Apple processes refunds for purchases made through the App Store.

Refund requests for an App Store transaction should therefore normally be made through Apple's refund process.

Apple determines whether a refund for an App Store transaction is approved in accordance with Apple's terms, applicable law and its refund procedures.

Where you have a statutory cancellation or withdrawal right in relation to an App Store transaction, that right may be exercised through Apple's applicable purchase or refund process.

Nothing in these Terms removes any statutory consumer right you may have under UK law.

If there is a technical problem with the KaddieIQ service itself, you may also contact:

support@kaddieiq.com

14. PROMOTIONAL ACCESS#

KaddieIQ may from time to time offer promotional or complimentary access to some or all Premium features.

The terms of any such offer will be stated when it is made.

Unless stated otherwise, promotional access is not transferable, cannot be exchanged for money and does not guarantee any future subscription price.

15. APP AVAILABILITY#

We aim to provide a reliable service but cannot guarantee uninterrupted availability.

Some functions need an internet connection, including course search, nearby courses, weather and confirming or restoring a purchase. The rest of the App is designed to work without a connection.

The App may be affected by:

• maintenance;
• software updates;
• network failure;
• internet connectivity;
• third-party service failure;
• weather-data or course-data failure;
• hosting failure;
• security incidents; and
• circumstances outside our reasonable control.

We will take reasonable steps to restore material functionality where appropriate.

16. COURSE, CLIMATE AND WEATHER DATA#

Golf-course names and locations are supplied by GolfAPI.com under licence.

Weather information is obtained using data from MET Norway, licensed under CC BY 4.0.

Typical course temperatures contain modified Copernicus Climate Change Service information (Copernicus Climate Change Service / ECMWF ERA5-Land). Neither the European Commission nor ECMWF is responsible for any use of this information.

Third-party information may occasionally be inaccurate, delayed, incomplete or unavailable.

Reference to a golf course, service provider or other third party does not mean that it sponsors, endorses or is affiliated with KaddieIQ unless expressly stated.

17. INTELLECTUAL PROPERTY#

The App and its associated:

• software;
• databases and the fitting method;
• designs;
• graphics;
• text;
• logos;
• icons;
• branding; and
• proprietary technology

are owned by or licensed to KaddieIQ Limited.

They are protected by applicable intellectual-property laws.

KaddieIQ®, BallFIT® and other registered KaddieIQ marks remain subject to the ownership and licence arrangements identified in KaddieIQ's Trade Mark Statement.

Third-party names, marks and data remain the property of their respective owners.

18. LICENCE TO USE THE APP#

Subject to these Terms, KaddieIQ grants you a personal, limited, non-exclusive and non-transferable licence to use the App on Apple-branded products that you own or control, as permitted by the applicable Apple Media Services usage rules.

The App may also be accessed or used by other accounts where permitted by Apple's applicable Family Sharing, volume-purchase or other usage rules.

You must not:

• copy or redistribute the App except where permitted by law;
• reverse engineer the App except where applicable law expressly allows it;
• systematically scrape or extract App data, including the ball information and results;
• resell the App;
• circumvent subscription controls;
• interfere with security mechanisms;
• introduce malicious software;
• overload or deliberately disrupt the service; or
• use the App for an unlawful purpose.

We may limit how often a device can use the course-search and weather services, to protect them from abuse.

19. PRIVACY#

Our processing of personal information is explained in the separate KaddieIQ BallFIT Privacy Statement.

The Privacy Statement explains, amongst other things:

• what information we process;
• the anonymous player identifier;
• location information;
• subscription information;
• service providers;
• retention;
• international transfers;
• deleting your information; and
• your UK data-protection rights.

20. DELETING YOUR INFORMATION#

The App provides a facility to erase the information BallFIT keeps on your device.

Erasing that information is separate from cancelling an Apple subscription.

If you have an active Apple auto-renewable subscription, Apple may continue billing until you cancel that subscription through your Apple Account.

Further information about deletion of information is contained in the Privacy Statement.

21. SUSPENSION OR TERMINATION#

We may suspend or terminate access where reasonably necessary because:

• you seriously or repeatedly breach these Terms;
• we reasonably suspect fraud or misuse;
• you attempt to circumvent subscription controls;
• your activity threatens the security of the App;
• we are required to act by law; or
• continued access presents a material technical, legal or security risk.

Where appropriate, we will give you a reasonable opportunity to remedy a breach.

Any suspension or termination remains subject to your statutory rights.

22. ENDING OR CHANGING THE APP#

We may modify the App where reasonably necessary because of:

• product development;
• updates to the ball information;
• technical improvements;
• security;
• legal requirements;
• changes to suppliers; or
• changes to the service.

We may also decide to discontinue the App.

If discontinuation materially affects paid functionality during a period for which you have already paid, your rights and any refund will be dealt with in accordance with applicable UK consumer law and, for App Store purchases, Apple's applicable purchase and refund arrangements.

23. OUR RESPONSIBILITY TO YOU#

We are responsible for losses that are a foreseeable result of our breach of these Terms or our failure to exercise the standard of care required by applicable law.

We are not responsible for losses that were not reasonably foreseeable when the contract was entered into.

The App is supplied for personal recreational golf use.

We are therefore not normally responsible for business losses arising from consumer use of the App, including loss of:

• profit;
• revenue;
• business;
• contracts; or
• commercial opportunity.

Subject always to your statutory rights, KaddieIQ is not responsible for the price you pay for a golf ball, for a ball not performing as you hoped, or for an error caused solely by inaccurate information supplied by you or by an independent third-party source where we could not reasonably have prevented or corrected that error.

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

In particular, nothing excludes or limits liability for:

• death or personal injury caused by negligence where liability cannot lawfully be excluded;
• fraud or fraudulent misrepresentation;
• deliberate wrongdoing where liability cannot lawfully be excluded;
• your statutory consumer rights; or
• any other liability which UK law does not permit us to exclude.

24. UK CONSUMER RIGHTS#

Nothing in these Terms excludes or restricts your rights under UK consumer law.

Depending on the circumstances, relevant rights may arise under legislation including the:

• Consumer Rights Act 2015; and
• Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Digital content and digital services supplied to consumers are subject to statutory requirements.

Where the App does not comply with an applicable statutory requirement, you may be entitled to an appropriate remedy.

25. COMPLAINTS AND SUPPORT#

Questions, support requests or complaints relating to the App should be sent to:

KaddieIQ Limited
167–169 Great Portland Street
5th Floor
London
W1W 5PF
United Kingdom

Email: support@kaddieiq.com
Telephone: 03337724817

We will aim to consider complaints fairly and within a reasonable period.

Nothing prevents you from exercising any court, regulatory or consumer right available to you.

26. GOVERNING LAW#

These Terms are governed by the laws of England and Wales.

If you live in Scotland or Northern Ireland, you retain any mandatory consumer protections that apply to you where you live.

If you live in England or Wales, proceedings may be brought in the courts of England and Wales.

If you live in Scotland, you may bring proceedings in the Scottish courts.

If you live in Northern Ireland, you may bring proceedings in the courts of Northern Ireland.

27. APPLE — ACKNOWLEDGEMENT#

You acknowledge that these Terms are between you and KaddieIQ Limited, and not between you and Apple.

KaddieIQ, not Apple, is responsible for the App and its content.

Nothing in these Terms is intended to conflict with the Apple Media Services Terms and Conditions or other applicable Apple usage rules.

28. APPLE — MAINTENANCE AND SUPPORT#

KaddieIQ is responsible for providing maintenance and support for the App to the extent required under these Terms or applicable law.

Apple has no obligation to provide maintenance or support services for the App.

29. APPLE — WARRANTIES#

KaddieIQ is responsible for warranties relating to the App to the extent those warranties arise under these Terms or applicable law.

If the App fails to conform to an applicable warranty, you may notify Apple in accordance with Apple's applicable procedures.

Where required under Apple's terms, Apple may refund the purchase price for the App.

To the maximum extent permitted by law, Apple has no other warranty obligation in relation to the App.

KaddieIQ remains responsible for other claims, losses, liabilities, damages, costs or expenses attributable to a failure of the App to conform to an applicable warranty, subject to these Terms and applicable law.

Nothing in this section limits your UK statutory rights.

30. APPLE — PRODUCT CLAIMS#

KaddieIQ, not Apple, is responsible for addressing claims relating to the App or your possession or use of the App, including:

• product-liability claims;
• claims that the App fails to comply with an applicable legal or regulatory requirement; and
• claims arising under consumer-protection, privacy or similar legislation.

31. APPLE — INTELLECTUAL-PROPERTY CLAIMS#

If a third party claims that the App, or your possession or use of the App, infringes that third party's intellectual-property rights, KaddieIQ, not Apple, is responsible for the investigation, defence, settlement and discharge of that claim.

32. APPLE — LEGAL COMPLIANCE#

By using the App, you represent that:

• you are not located in a country or region subject to a United States Government embargo or designated by the United States Government as a terrorist-supporting country or region; and
• you are not listed on a United States Government list of prohibited or restricted parties.

33. THIRD-PARTY TERMS#

When using the App, you must comply with applicable third-party terms, including relevant Apple Media Services terms and any terms applicable to your mobile, internet or data service.

34. APPLE AS THIRD-PARTY BENEFICIARY#

You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of the Apple-specific provisions of these Terms.

Upon your acceptance of these Terms, Apple will have the right to enforce those provisions against you as a third-party beneficiary.

35. SEVERABILITY#

If a court or competent authority decides that any part of these Terms is invalid, unlawful or unenforceable, the remaining provisions will continue to apply.

36. NO WAIVER#

If we delay or fail to enforce a provision of these Terms, that does not mean that we have permanently waived our right to enforce it.

37. CONTACT#

For questions concerning KaddieIQ BallFIT or these Terms, contact:

KaddieIQ Limited
Company number: 17096125
167–169 Great Portland Street
5th Floor
London
W1W 5PF
United Kingdom

Email: support@kaddieiq.com
Telephone: 03337724817

© KaddieIQ Limited. All rights reserved.