Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Tyler Cutshall ("Scorven", "we", "us", or "our") governing your use of the Scorven mobile app, the website at scorven.com, and related services (together, the "Service"). By creating an account, registering for a tournament, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

Please read these Terms carefully. They include important provisions that limit our liability (Sections 13 and 14) and that govern how disputes are resolved, including an agreement to arbitrate and a waiver of class actions (Section 16).

• You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you may use the Service only with the involvement of a parent or guardian.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
• You agree to provide accurate information and to keep it current, and to notify us promptly of any unauthorized use of your account.
• You may not create an account using someone else's identity or use the Service if we have previously terminated your account.

Scorven is a golf scorecard, statistics, and tournament-management service. It lets you score rounds in a variety of formats, track statistics, record side games, connect with other players, and lets golf clubs run tournaments — including registration, tee sheets, live scoring, flighting, and results.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use (or, for club administrators, to run your club's tournaments). We may change, suspend, or discontinue any part of the Service at any time.

Scorven's wager ledger and side-game features (such as skins, Nassau, presses, greenies, sandies, and Wolf) are a record-keeping convenience. They calculate and display amounts based on the games and stakes that you and the other players choose and agree to among yourselves.

SCORVEN DOES NOT PROCESS, HOLD, ESCROW, TRANSFER, COLLECT, OR GUARANTEE ANY MONEY WAGERED BETWEEN PLAYERS. Any wager or side game is a private arrangement solely between the players involved. Scorven is not a party to it, is not a stakeholder or bookmaker, takes no commission from it, and is not responsible for collecting, paying, or resolving any dispute about it. Amounts shown are calculations for your convenience only.

You are solely responsible for ensuring that any wagering you record through the Service is lawful in your jurisdiction. You may not use the Service for any gambling activity that is illegal where you are located. If wagering is not permitted where you are, do not use these features.

• Payment processing. Tournament entry-fee payments are processed by our third-party payment processor, Stripe, and are subject to Stripe's terms. By paying an entry fee, you authorize the charge and agree to Stripe's terms.
• Fees are paid to the club. Entry fees are collected on behalf of, and paid to, the hosting golf club — not to Scorven. Scorven may charge a service fee for use of the platform, which will be disclosed at the time of payment or charged to the club.
• Prizes are handled by clubs. Prizes, payouts, calcutta pools, and any distribution of winnings are managed and paid by the hosting club. Scorven does not hold, distribute, or guarantee prize money, and the standings, payout, and calcutta figures shown in the Service are informational.
• Refunds. Refunds and cancellations for entry fees are handled by the hosting club under its own policies. Direct entry-fee and refund questions to the club running the event.
• Deposits. Where a club offers a partial deposit at registration, the balance is arranged directly with the club.

If you use the Service to run a club or tournament as an administrator, you additionally agree that:

• You are authorized to act on behalf of the club and to collect and manage entrant information for the event.
• You are responsible for the accuracy of tournament details, for running the event fairly, for handling entry fees, refunds, and prize payouts, and for complying with all laws applicable to your event (including any rules governing entry fees, prizes, and calcutta or wagering pools).
• You will handle entrants' personal information consistent with applicable law and only for operating the event.
• Content you post on the Social Board must accurately describe a real event and must comply with Section 8.

You will indemnify Scorven for claims arising out of your event as described in Section 15.

You retain ownership of the content you submit, post, or display through the Service, such as Social Board posts, tournament fliers and images, and comments ("User Content"). You grant Scorven a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display your User Content solely to operate and provide the Service.

You represent that you own or have the necessary rights to your User Content and that it does not violate the rights of others or these Terms. We are not responsible for User Content and do not endorse it. We may remove User Content that we believe violates these Terms or the law.

You agree not to:

• Post or transmit content that is illegal, infringing, harassing, hateful, threatening, defamatory, obscene, or deceptive, or that you do not have the right to share.
• Falsify scores or results, impersonate another person, or misrepresent your affiliation with any person or club.
• Use the Service for unlawful gambling or any other unlawful purpose.
• Attempt to gain unauthorized access to the Service, other accounts, or our systems; probe, scan, or test the vulnerability of the Service; or interfere with or disrupt the Service.
• Reverse engineer, decompile, or attempt to extract source code, except to the extent permitted by law.
• Scrape, harvest, or collect information about other users, or use the Service to send spam or unsolicited messages.
• Use bots or automated means to access the Service in a way that burdens our infrastructure.

We provide reporting and blocking tools in the app and may remove content and suspend or terminate accounts that violate these rules.

The Service, including its software, design, text, graphics, logos, and the "Scorven" name and marks, is owned by Scorven or its licensors and is protected by intellectual-property laws. Except for the limited license granted in these Terms, we grant you no rights in the Service. You may not use our name or marks without our prior written permission.

If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without obligation to you.

We respect intellectual-property rights and respond to notices of alleged infringement. If you believe content on the Service infringes your copyright, send a notice to [email protected] including: your contact information; a description of the copyrighted work and the allegedly infringing material and its location; a statement that you have a good-faith belief the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and you are authorized to act; and your physical or electronic signature. We may remove infringing content and terminate repeat infringers.

By creating an account, you agree that we may send you transactional messages necessary to operate the Service (such as email verification, password resets, and tournament confirmations). You may enable or disable push notifications in your device settings, and you may opt out of non-essential messages. You consent to receive communications electronically, and you agree that electronic communications satisfy any legal requirement that a communication be in writing.

The Service relies on and links to third-party services, including Stripe (payments), Apple (app distribution and push notifications), and golf course data providers. Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services, and their inclusion does not imply endorsement.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Scores, statistics, handicaps, standings, payout figures, and wager and side-game calculations are for recreational use and may contain errors; do not rely on them where certified accuracy is required. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that data will not be lost. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

TO THE FULLEST EXTENT PERMITTED BY LAW, SCORVEN AND ITS OPERATORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.

WITHOUT LIMITING THE FOREGOING, SCORVEN IS NOT LIABLE FOR: (a) any dispute between players over a wager or side game; (b) any dispute between an entrant and a club over entry fees, refunds, prizes, or the conduct of an event; or (c) the acts or omissions of any golf club, organizer, or other user.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR USD $100. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

You agree to indemnify and hold harmless Scorven and its operators from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: your use of the Service; your User Content; your violation of these Terms or the law; a tournament or event you run; or a wager, side game, or dispute you are involved in.

Please read this section carefully — it affects your legal rights.

Informal resolution first

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at [email protected]. We will try to resolve it with you in good faith. If we cannot resolve it within 30 days, either party may bring a claim as set out below.

Binding arbitration

Except for the exceptions below, you and Scorven agree to resolve any dispute arising out of or relating to these Terms or the Service through final and binding individual arbitration, rather than in court, except that you may assert claims in small-claims court if they qualify. The arbitration will be conducted by an established arbitration provider under its consumer rules, and judgment on the award may be entered in any court with jurisdiction.

Class-action waiver

YOU AND SCORVEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions and opt-out

This section does not require arbitration of a claim that qualifies for small-claims court, or a request for injunctive relief to stop unauthorized use or infringement of intellectual property. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing [email protected] with your account email and a statement that you opt out; opting out will not affect the other provisions of these Terms.

These Terms are governed by the laws of the State of Mississippi, without regard to its conflict-of-laws rules. To the extent a dispute is not subject to arbitration under Section 16, it will be brought exclusively in the state and federal courts located in Tishomingo County, Mississippi, and you consent to the personal jurisdiction of those courts.

You may stop using the Service and delete your account at any time from within the app. We may suspend or terminate your access to the Service at any time, with or without notice, if you violate these Terms, if we are required to by law, or to protect the Service or its users. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.

If you download the app from the Apple App Store, the following additional terms apply. You acknowledge that these Terms are between you and Scorven only, not with Apple, and that Apple is not responsible for the app or its content.

• Apple has no obligation to furnish any maintenance or support for the app.
• In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation for the app.
• Apple is not responsible for addressing any claims by you or a third party relating to the app, including product-liability, legal or regulatory, or consumer-protection claims.
• Apple is not responsible for investigating, defending, settling, or discharging any third-party intellectual-property infringement claim relating to the app.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, notify you in the app or by email. Your continued use of the Service after a change takes effect means you accept the updated Terms.

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Scorven regarding the Service and supersede any prior agreements.
• Severability. If any provision is found unenforceable, the rest of the Terms remain in effect.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Notices. We may provide notices to you in the app or by email; you may send legal notices to the contact below.

Questions about these Terms? Contact us at [email protected]. The operator of the Service is Tyler Cutshall.