Terms of Service

Last updated 3 November 2026

These terms are an agreement between you and CrowdQuell Inc. ("CrowdQuell", "we", "us") for using the Golf Cappie apps for iPhone and Android, the web app at golfcappie.app, and golfcappie.com (together, "Golf Cappie"). By creating an account or using Golf Cappie, you agree to these terms and to our Privacy Policy. If you don't agree, please don't use Golf Cappie.

Please read section 13 carefully. It says disputes are settled by binding individual arbitration, not in court, and that you give up the right to a jury trial and to take part in a class action.

1. Who can use Golf Cappie

2. Your account

3. Using Golf Cappie on the course

4. Memberships and payments

5. What you mustn't do

6. Your content

Your content is what you put into Golf Cappie: your rounds, scores, shots, golf bag, profile and anything else you upload. You keep ownership of it. By uploading content, you give CrowdQuell a perpetual, worldwide, royalty-free, non-exclusive licence, which we can pass on to the companies that help run Golf Cappie, to host, store, copy, process, display and use it to provide, improve and promote Golf Cappie. When you delete content or your account, we delete it as the Privacy Policy describes; this licence then continues only for information that no longer identifies you. Make sure you have the right to upload whatever you upload.

7. Our intellectual property

Golf Cappie, including its software and code, design, features, text, graphics and logos, belongs to CrowdQuell Inc. or its licensors, and CrowdQuell keeps all rights in it. These terms give you a personal, limited, non-exclusive, non-transferable, revocable licence to use Golf Cappie for your own non-commercial use, as these terms allow. "Golf Cappie" and its logo are CrowdQuell's trademarks.

Your suggestions. If you send us ideas, feedback or suggestions, you agree that CrowdQuell owns them and may use them for any purpose, without paying or crediting you.

8. Other companies' services and licences

Golf Cappie includes content and services from other companies, used under licence. Their terms also apply to how you use them through Golf Cappie, and we aren't responsible for them.

9. Changes to Golf Cappie and to these terms

We're always working on Golf Cappie, so features may change, and some may be added to, or removed from, the free version or memberships. We may also change these terms. If a change is significant, we'll tell you in the app or by email before it takes effect. If you keep using Golf Cappie after a change takes effect, you agree to the new terms. If you don't agree, stop using Golf Cappie and delete your account.

10. Disclaimers

GOLF CAPPIE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, CROWDQUELL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. WE DON'T PROMISE THAT GOLF CAPPIE WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT ITS DISTANCES, MAPS, COURSE DATA, WEATHER, ELEVATION OR STATISTICS WILL BE ACCURATE OR COMPLETE.

11. Limit on our liability

TO THE FULLEST EXTENT THE LAW ALLOWS, CROWDQUELL AND ITS OFFICERS, EMPLOYEES AND SUPPLIERS WON'T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO GOLF CAPPIE OR THESE TERMS, EVEN IF WE'VE BEEN TOLD THEY'RE POSSIBLE. CROWDQUELL'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO GOLF CAPPIE OR THESE TERMS IS LIMITED TO US$50.

Some places don't allow some of these disclaimers or limits, so they may not all apply to you. Nothing in these terms limits liability that the law doesn't allow to be limited.

12. Indemnity

If someone makes a claim against CrowdQuell because of your content, your breaking these terms, or your misuse of Golf Cappie, you agree to cover CrowdQuell's resulting losses and reasonable costs, including legal fees, to the extent the law allows.

13. Disputes: binding arbitration, class action and jury trial waivers

Talk to us first. Before starting arbitration, email support@crowdquell.com describing the dispute and what you're asking for, and give us 60 days to try to resolve it with you.

Arbitration. If we can't resolve it, you and CrowdQuell agree that any dispute arising out of or relating to Golf Cappie or these terms will be settled by binding individual arbitration, administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in the county where you live or by video, unless you and we agree otherwise. The Federal Arbitration Act governs this section.

Exceptions. Either of us may take an individual claim to small claims court instead, and either of us may ask a court to stop the infringement or misuse of intellectual property.

Class action waiver. You and CrowdQuell may bring claims against each other only individually, not as a plaintiff or class member in any class, collective or representative action, and an arbitrator may not combine more than one person's claims.

Jury trial waiver. You and CrowdQuell each give up the right to a trial by jury.

Opting out. You can opt out of this section by emailing support@crowdquell.com within 30 days of first agreeing to these terms, with your name, your account email and a statement that you're opting out of arbitration.

If the class action waiver is found unenforceable for a claim, that claim must go to court and not to arbitration.

14. Governing law

These terms are governed by the laws of the State of Texas, United States, without regard to its conflict of law rules. Any dispute that isn't arbitrated will be decided only by the state or federal courts in Texas, and you and CrowdQuell agree to their jurisdiction. If you live outside the United States, you may also have protections under the laws of where you live that these terms can't take away.

15. Apple and Google

If you got Golf Cappie from Apple's App Store or Google Play:

16. General

Contact

CrowdQuell Inc., support@crowdquell.com.