Kaddy Terms of Service

1. Acceptance of Terms

Welcome to Kaddy ("Kaddy," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the Kaddy website, mobile applications, and related services (collectively, the "Service").

By creating an account, accessing, browsing, or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference.

If you do not agree to these Terms or the Privacy Policy, you may not access or use the Service.

2. About Kaddy

Kaddy is an online fantasy golf platform that allows users to create, join, manage, and participate in One & Done fantasy golf leagues and related fantasy golf experiences.

Kaddy is provided solely for entertainment and informational purposes.

Kaddy does not operate, administer, facilitate, manage, collect, hold, escrow, distribute, process, or guarantee any money, wagers, entry fees, prize pools, contests, gambling activities, or financial transactions between users.

Any league dues, side bets, prize pools, payouts, contests, or financial arrangements are created, managed, and conducted entirely outside of Kaddy by league participants.

Kaddy is not responsible for disputes, unpaid winnings, fraudulent conduct, financial losses, or disagreements arising from arrangements made between users.

3. Eligibility

To use the Service, you must:

• Be at least 13 years of age;
• Have the legal capacity to enter into these Terms;
• Comply with all applicable laws and regulations.

If you are under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

We reserve the right to refuse service or terminate accounts that do not meet eligibility requirements.

4. User Accounts

You may be required to create an account to access certain features of the Service.

You agree to:

• Provide accurate and complete information;
• Maintain the security of your account credentials;
• Promptly update account information when necessary;
• Accept responsibility for all activity occurring under your account.

You may not:

• Share account credentials;
• Create accounts using false information;
• Impersonate another individual or organization;
• Circumvent account restrictions or suspensions;
• Create accounts for fraudulent purposes.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

Kaddy reserves the right to suspend, restrict, or terminate accounts that violate these Terms.

Your use of the Service is also governed by Kaddy's Privacy Policy, which describes how we collect, use, store, and protect your information.

5. User-Generated Content, League Content, and Avatars

Users may create, upload, submit, or share content through the Service, including:

• Usernames
• Profile information
• Profile avatars
• Team names
• League names
• Messages
• Comments
• League-related content
• Other content available through the Service

You retain ownership of the content you submit.

By submitting content to Kaddy, you grant Kaddy a worldwide, non-exclusive, royalty-free, transferable license to host, store, reproduce, display, distribute, modify, and otherwise use such content solely for operating, maintaining, improving, securing, and promoting the Service.

You represent and warrant that:

• You own or have the necessary rights to upload the content;
• Your content does not infringe any intellectual property, privacy, publicity, or other rights;
• Your content complies with applicable laws and these Terms.

You may not upload content that:

• Is unlawful;
• Is defamatory, threatening, or harassing;
• Contains hate speech;
• Promotes violence;
• Is sexually explicit;
• Contains malware or malicious code;
• Violates the rights of others.

Kaddy reserves the right, but not the obligation, to review, remove, restrict, disable, or moderate any content, including profile avatars, at its sole discretion.

Users remain solely responsible for content they upload or share.

6. Fantasy League Disclaimer

Kaddy provides tools that allow users to organize and participate in fantasy golf leagues.

Kaddy does not:

• Collect league entry fees;
• Hold money on behalf of users;
• Manage prize pools;
• Process payouts;
• Facilitate gambling or wagering;
• Guarantee payment of prizes;
• Enforce agreements between participants.

Any financial arrangement exists solely between league participants.

Users assume all risks associated with leagues involving money, prizes, entry fees, side bets, or other financial arrangements.

Kaddy disclaims all liability arising from:

• Unpaid winnings;
• Disputed payouts;
• League entry fees;
• Fraudulent conduct by league members;
• Misrepresentation by league organizers;
• Financial losses arising from participation in leagues.

Users should exercise caution before entering into any financial arrangement with other participants.

7. Fantasy Scoring and Sports Data

Kaddy relies on third-party sports data providers and publicly available information.

While we strive for accuracy, Kaddy does not guarantee that:

• Scores are accurate;
• Standings are error-free;
• Player information is complete;
• Tournament schedules are current;
• Sports data will always be available.

Fantasy scoring, standings, rankings, earnings calculations, and league results are provided on an "as-is" basis.

Kaddy reserves the right to correct scoring errors, recalculate results, modify standings, or adjust league outcomes when necessary.

Kaddy shall not be liable for losses, disputes, damages, or consequences resulting from inaccurate, delayed, incomplete, or unavailable sports data.

8. Intellectual Property

The Service, including all software, code, databases, designs, graphics, logos, trademarks, branding, content, functionality, and other materials, is owned by Kaddy or its licensors and is protected by intellectual property laws.

You may not:

• Copy or reproduce the Service;
• Reverse engineer the Service;
• Create derivative works;
• Resell access to the Service;
• Scrape or harvest data without authorization;
• Remove proprietary notices.

No rights are granted except those expressly stated in these Terms.

9. Third-Party Rights and Trademarks

Kaddy is an independent platform.

Kaddy is not affiliated with, endorsed by, sponsored by, or associated with:

• PGA TOUR
• Korn Ferry Tour
• LIV Golf
• Any professional golfer
• Any golf organization
• Any sports data provider

All trademarks, logos, names, and intellectual property belong to their respective owners.

10. Acceptable Use

You agree not to:

• Violate applicable laws;
• Interfere with operation of the Service;
• Attempt unauthorized access;
• Upload malicious software;
• Abuse APIs or automated systems;
• Harass, threaten, or abuse other users;
• Manipulate league results;
• Circumvent security measures;
• Engage in fraudulent activity.

Violations may result in suspension, restriction, or termination of access.

11. Future Paid Features and Subscriptions

Kaddy may offer paid features, subscriptions, premium services, digital goods, or other paid offerings in the future.

If paid features are introduced:

• Pricing will be disclosed before purchase;
• Additional terms may apply;
• Users will have the opportunity to review and accept applicable terms.

Unless otherwise required by law, fees paid for premium services are non-refundable.

12. Mobile Applications

If you access Kaddy through a mobile application:

• Your use may also be subject to Apple App Store and Google Play terms and policies;
• Apple and Google are not responsible for the Service;
• Kaddy is solely responsible for support and maintenance of the Service;
• Mobile applications may collect device identifiers, diagnostic information, push notification preferences, and related information as described in the Privacy Policy.

13. Third-Party Services

Kaddy may utilize third-party providers to operate portions of the Service, including hosting, authentication, analytics, email delivery, sports data providers, cloud infrastructure, and other operational services.

Kaddy is not responsible for outages, interruptions, errors, or actions caused by third-party providers.

Use of certain features may also be subject to third-party terms and policies.

14. Email Communications and Notifications

By using the Service, you agree that Kaddy may send you transactional, account-related, security, support, league activity, pick reminder, and service update communications.

If Kaddy offers optional marketing, promotional, or newsletter emails, you may opt out of those communications as described in the email or through available account settings. You may still receive transactional or service-related communications that are necessary to operate your account or provide the Service.

15. Privacy

Your privacy is important to us.

Our Privacy Policy explains how Kaddy collects, uses, stores, shares, and protects information obtained through our website, mobile applications, and related services.

The Privacy Policy is incorporated into these Terms by reference and forms part of your agreement with Kaddy.

By using the Service, you consent to the collection and use of information as described in the Privacy Policy.

If there is a conflict between these Terms and the Privacy Policy regarding privacy-related matters, the Privacy Policy shall control.

16. Availability and Service Changes

Kaddy may modify, update, suspend, discontinue, or remove any aspect of the Service at any time without notice.

We do not guarantee uninterrupted availability of the Service.

Maintenance, software bugs, outages, security incidents, and third-party failures may impact availability.

17. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KADDY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• NON-INFRINGEMENT;
• ACCURACY;
• RELIABILITY;
• AVAILABILITY.

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KADDY AND ITS OWNERS, AFFILIATES, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR:

• INDIRECT DAMAGES;
• INCIDENTAL DAMAGES;
• SPECIAL DAMAGES;
• CONSEQUENTIAL DAMAGES;
• LOSS OF PROFITS;
• LOSS OF DATA;
• LOSS OF BUSINESS OPPORTUNITY;
• LOSS OF GOODWILL.

IN NO EVENT SHALL KADDY'S TOTAL LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS. IN SUCH CASES, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

19. Indemnification

You agree to defend, indemnify, and hold harmless Kaddy and its owners, affiliates, employees, contractors, licensors, and service providers from any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising from:

• Your use of the Service;
• Your violation of these Terms;
• Your content;
• Your interactions with other users.

20. Termination

You may stop using the Service at any time.

Kaddy may suspend, restrict, or terminate your access to the Service at any time and for any reason, including violations of these Terms.

Upon termination, provisions relating to intellectual property, disclaimers, indemnification, arbitration, and limitation of liability shall survive.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict-of-law principles.

Any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Colorado.

22. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

You and Kaddy agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your relationship with Kaddy shall be resolved through binding arbitration on an individual basis, except as otherwise provided below.

Before initiating arbitration, either party must provide written notice of the dispute and allow thirty (30) days for an attempt at informal resolution.

If the dispute cannot be resolved informally, it shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

The arbitration shall take place in Colorado unless otherwise agreed by the parties.

The arbitrator shall have exclusive authority to resolve disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration provision.

You and Kaddy each waive any right to a jury trial.

You and Kaddy further agree that:

• Claims may only be brought in an individual capacity;
• Neither party may participate in a class action, collective action, or representative proceeding;
• Claims may not be consolidated;
• The arbitrator may not preside over a class or representative action.

Nothing in this section prevents either party from:

• Bringing an individual claim in small claims court;
• Seeking injunctive relief relating to intellectual property rights;
• Seeking relief related to unauthorized access or misuse of the Service.

If any portion of this section is found unenforceable, the remaining portions shall remain enforceable to the fullest extent permitted by law.

23. Changes to These Terms

Kaddy may modify these Terms and the Privacy Policy from time to time.

When material changes are made, we will update the "Last updated" date and may provide notice through the Service, email, or other reasonable means.

Your continued use of the Service after updated Terms or Privacy Policy become effective constitutes acceptance of those changes.

If you do not agree to the revised Terms or Privacy Policy, you must discontinue use of the Service.

24. Contact Us

If you have questions regarding these Terms, please contact us at:

support@kaddygolf.com

or through the support options available within the Service.