Tetro Systems Inc. (“Tetro”)
Last Updated: January 1, 2022
Tetro Systems Inc. (“Tetro”, “we”, or “us”) operates the Tetro Golf mobile and web applications (the “Site”) and the features and services available from the Site related to the coordination of players for golf rounds (the “Services”). The Site hosts user-generated data and other information in order to provide the Services.
While we offer many of our Services for free, please be aware that, particularly in the case of our mobile offerings, rates and fees charged by your carrier, such as data charges, still apply.
We may modify the Terms, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your access and use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions. If you do not agree with any revision, you must stop using and accessing the Site.
You understand that: (i) aspects of this Site and its related Services may not be available in all jurisdictions; and (ii) you are responsible for ensuring that it is lawful for you to access and use the Site and related Services in your jurisdiction.
This Site is intended only for individuals 13 years of age or older. If you are under 13, you are strictly prohibited from using this Site.
Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this Site, you may not enter into this agreement or use the Site or its Services.
Your Account (as defined below) may be deleted and these Terms may be suspended or terminated without warning, if we believe that you are under age or your use of this Site or the Services is not allowed in your jurisdiction of residence.
2. App Stores
You acknowledge and agree that the availability of any mobile application version of the Site (the “App”) is dependent on the third party from whom you received the license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that these Terms are between you and Tetro, and do not involve the App Store company. Tetro, not the App Store, is solely responsible for the App, including content thereof, maintenance, support services, and warranty therefor and addressing any claims relating thereto (e.g., product liability, legal compliance and intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App. You agree to comply with, and your licenses to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g. the App Store’s terms and policies) when using the App. You acknowledge that the App Store company and its subsidiaries are third-party beneficiaries of the Terms and will have the right to enforce them.
Information Transferred on Internet
You acknowledge and agree that access to and use of the Services is provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.
Disclosure by Law
Right to Conduct Research; Informed Consent
In order to access and use certain Services available on this App (including the purchase of Products), you may need to sign up for, open and maintain an account (“Account“). During the registration process we may collect your name, address, email address, phone number, credit card information, username, and password. Your information may be used by us:
- to verify your eligibility to create and to maintain your Account;
- to provide the Services;
- to enable us to provide certain security and privacy safeguards;
- for billing and payment-related issues;
- to protect ourselves and others from abuse; and
- to comply with laws.
All of the information you provide to us or that we collect from you in connection with your use of the App, the Site or the Services will be governed by these Terms. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and your ability to use the Services.
We hereby disclaim any and all responsibility or liability for any unauthorized use of your Account. You must not choose a username that infringes the rights of any third party, impersonates any Tetro employee, other users, celebrity or anyone with considerable fame, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You cannot transfer your Account to any other person, or permit anyone to use same.
You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
Subject to the terms and conditions of this Agreement, Tetro hereby grants you a non-exclusive, revocable, non-assignable, personal license to use the Services available on the App or the Site.
As between the parties, Tetro shall exclusively own all right, title and interest in and to the App, the Site and the Services and all copies, portions, improvements, and derivative works thereof (by whomever produced) and all copyright rights, patent rights, trademark rights, trade secret rights and all other intellectual property and proprietary rights therein anywhere in the world related thereto.
The provision of the Services relies upon data obtained from third party sources (“Third Party Data“). Without limiting the generality of the disclaimer at Section 16, Tetro makes no representations or warranties that the Third Party Data is accurate, current, complete, or will be updated on a periodic basis. Accordingly, under no circumstances should you rely on the Services in making any commercial, financial or other decisions.
We take intellectual property rights, both our own and others, very seriously. If you are an owner of intellectual property (or the owner’s authorized agent) and believe that any of the contents on the App or the Site infringes your intellectual property, please notify us using the following procedure. Please send a written notice of intellectual property infringement to insert email address here, with the following information (“claimant” refers to you or the person on whose behalf you are sending the notice):
- the claimant’s name, mailing and email address;
- the work or other subject-matter to which the claimed infringement relates;
- the claimant’s interest or right with respect to the copyright in the work or other subject-matter;
- the URL or other electronic location data to which the claimed infringement relates;
- the infringement that is claimed; and
- the date and time of the commission of the claimed infringement.
You shall not: (i) upload to, or transmit from, the App or the Site any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or content; (ii) reverse engineer, decompile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the App, the Site or the Services, or third party use of the App or the Site, or any third party data contained therein; (iii) access the source code of the App or Service or do anything that will reveal or generate same; (iv) access or use the App, the Site or the Services in order to build a competitive product or service or copy any ideas, features, or functions of the App, the Site or the Services; (v) attempt to gain unauthorized access to the App, the Site or its related systems or networks or any third party systems or networks; (vi) create derivatives or modify the App, the Site or the Services; (vii) sublicense, lend or lease the App, the Site or the Services, or otherwise make the App, the Site or the Services available, to any third party; (viii) grant or purport to grant any third party any license or other right, title, security or other interest, lien or option in or to the App, the Site or the Services; (ix) use the App, the Site or the Services for any unlawful or illegal activity; or (x) authorize, permit, or encourage any third party to do any of the foregoing.
7. Code of Conduct
As above, you may not interfere with the security of, or otherwise abuse the App, the Site, the Services or any system resources, services or networks connected to or accessible through the App, the Site or the Services. You may only use the App, the Site and the Services for lawful purposes. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Tetro’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms.
We may, without notice, temporarily suspend your access to the App and/or the Services by deactivating any passwords and/or internet based service access if we reasonably suspect that you or any other party are obtaining unauthorized access to the App, the Services, or any of our other systems, networks, documentation or information, or are using otherwise valid passwords (for the Services) in any other unauthorized manner. These suspensions will be for such periods of time as we, at our sole discretion, may reasonably determine is necessary to permit the thorough investigation of such suspended activity. Notwithstanding any other provision in this Agreement, we may terminate this Agreement, or any portion of the permissions granted herein, immediately, without notice, if it is determined that you have: (i) undertaken any unauthorized activity as described in Section 5 or 6; or (ii) failed to comply with any applicable laws.
While using the App, the Site or the Services you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the App, the Site and the Services.
8. User Safety
Your safety and security are extremely important to us. The Services, through their normal use, may promote the exchange of personal information between users. You must always remain aware that some portions of this information may be viewable by the public, and as such may be indexed by Internet search engines and used for purposes beyond the knowledge and control of Tetro. We advise you to use caution and carefully consider sharing any personally identifiable information with other users.
We cannot and do not assure the safety of contacts made with other users. We do however, encourage you, if you feel at any time that another user’s conduct is inappropriate, to contact Tetro so we can take the appropriate action to block access to the Services for any user violating our Terms. We reserve the right to release information pertaining to any user or incident to law enforcement for their investigative purposes.
Use of Others’ Information
Just as your safety and enjoyment of the Services is critical to us, so is the safety and enjoyment of the other users. By agreeing to these Terms, you agree to use any and all information gained through the App or the Site in a lawful and responsible manner. You further agree not to use any information gained about other users, including from their public user profiles or activity feeds, for any reason without the prior express consent of that user(s).
9. Location Based Services
Tetro may offer features through the App or the Site based on the location of users and/or be equipped to report the current locations of users (“Location Based Services”). Use of such Location Based Services is solely at the individual discretion of the individual user by enabling Location Based Services to be shared by your cell phone or other portable device. Some services or portions of our services may not be available without authorizing Location Based Services to be shared with the App or the Site, and you agree that you have no access to such services without Location Based Services sharing enabled.
By using the Location Based Services and features, you consent to both the collection and transmission of your location information through the App or the Site to other users. Tetro is not liable for any claim of harm or damages resulting from use of the Location Based Services, used alone or in combination with other personal information, gleaned from your User Content or other sources.
You will be exclusively responsible for securing and backing-up the User Content or any other content that you upload onto the App or the Site. You agree that Tetro shall not be responsible or liable for the deletion, loss, or failure to store any such data and other communications maintained or transmitted through use of the Services.
While we endeavour to keep downtime to a minimum, we can’t promise that the App, the Site or the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend the Services, or any part thereof, with or without prior notice for any reason.
12. Access to Internet
You are solely responsible for obtaining and maintaining all Internet, computer hardware and other equipment needed to access and the Services and that you shall be solely responsible for all charges and fees related thereto.
13. Currency of App
You acknowledge and agree that access to the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Tetro shall not, in any event, be responsible to you in any way should you be unable to access the Services at any time or from time to time. For the avoidance of doubt, we reserve the right at any time to change: (i) the terms and conditions of these Terms; (ii) the App, the Site or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through the App, the Site or the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of the App, the Site or the Services; and (iv) the equipment, hardware or software required to use and access the Services.
Any changes we make to these Terms will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the App or the Site. Your continued use of the Services after such notice will be deemed acceptance of such changes. Be sure to return to the App or the Site periodically to ensure you are familiar with the most current version of these Terms.
14. Linked Websites
This App, Site or the Services may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Tetro monitors or endorses these websites. Tetro does not accept any responsibility for such websites. Tetro shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.
While we offer many of our Services for free, others may be offered for a fee. The fees for such Services will be posted on the Site and/or the App Stores. You understand that use of the Services may result in charges to you for the services or goods you receive (“Charges”). Prices will be as quoted on the App and the Site and will have applicable sales taxes and administrative fees. Unless otherwise agreed to in writing, fees are subject to change without notice. The Charges will be applied to the User’s indicated method of payment when the order is confirmed through the App or the Site (the “Confirmation”). Payment for orders will be transacted through our applicable third-party payment processor. You consent to the collection and use of your information (including, if applicable, personal information) by such payment processing service as necessary to process your payments. We reserve the right to change, or to stop accepting, any permitted payment method at any time in our sole discretion. You agree that we may charge your payment card, third-party payment processor account, or any other card or account for any order placed and for any additional amounts (including any taxes and other fees) as may be applicable in connection with your purchase. You are responsible to ensure that all your billing information is current, complete, and accurate.
16. Internet Software or Computer Viruses
Tetro shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the App, the Site or the Services or other content from the App or the Site. Tetro recommends that you install appropriate anti-virus or other protective software.
No Representations, Warranties, or Guarantees by Tetro
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, THE SITE AND THE SERVICES ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT ANY REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY, OR GUARANTEE OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TETRO DOES NOT WARRANT, REPRESENT OR GUARANTEE THAT THE APP OR THE SERVICES WILL: (I) BE UNINTERRUPTED OR ERROR-FREE; (II) MEET YOUR NEEDS; OR (III) FUNCTION WITH, AND NOT DAMAGE, ANY OTHER SOFTWARE OR HARDWARE OR OPERATE WITHOUT INTERRUPTION.
NO INFORMATION PROVIDED BY ANY REPRESENTATIVE OF TETRO SHALL CREATE ANY REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND WHATSOEVER BY TETRO OR OTHERWISE MODIFY THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS AND/OR USE OF THE APP, THE SITE AND THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TETRO WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP, THE SITE OR THE SERVICES.
We use industry-standard technologies and techniques to safeguard your information and ours on the App and the Site. Internet security cannot be assured and we cannot guarantee or warranty that the private information provided to the App or the Site will not become public under any circumstances, though we have safeguards in place to protect against that happening.
Representations, Warranties, and Indemnity by You
You represent, warrant, and covenant not to use the App or the Site to violate any laws, including but not limited to infringing copyright. You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable lawyer’s fees, made by any third party due to or arising out of your use of the App or the Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above. You represent, warrant, and covenant that all User Content uploaded by you to any Tetro service will be accurate to the best of your knowledge.
18. Limitations of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE APP, THE SITE AND THE SERVICES.
IN NO EVENT SHALL TETRO, ITS LICENSORS AND SUPPLIERS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION), OR ANY OTHER PECUNIARY LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE APP, THE SITE, THE SERVICES, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN EVERY EVENT, TETRO’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE APP, THE SITE AND/OR THE SERVICES AND/OR ANY PRODUCTS, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO THE GREATER OF: (I) FIVE ($5.00) DOLLARS; AND (II) THE FEES ACTUALLY PAID BY YOU TO ACCESS AND USE THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO, UPON REQUEST, INDEMNIFY AND HOLD US HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, LOSSES AND EXPENSES, INCLUDING LAWYERS’ FEES, WHICH ARISE DIRECTLY OR INDIRECTLY FROM ANY BREACH OF THESE TERMS FOR WHICH YOU ARE RESPONSIBLE.
20. Term & Termination
This Agreement will become effective on the date you agree to these Terms or otherwise access or use the Services for any purpose, and will remain in force until the Agreement is terminated hereunder.
Tetro may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use the Services and/or terminate these Terms (including any of the licenses granted hereunder). Without limiting the foregoing, these Terms and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms or any provision hereof. Upon termination of these Terms, you shall immediately cease and desist from all use of the Services.
Sections 6, 17 to 19, and 21 to 23 will survive any termination or expiry of these Terms.
Any notices to Tetro under this Agreement shall be sent by email to firstname.lastname@example.org. Tetro may send you notices via the App or to any email address you may have registered with Tetro in connection with the Services. Each notice shall be deemed given and effective one (1) day after it is sent, or earlier if actually received earlier by the recipient, unless the sending party is notified that the email address is invalid or the transmission was not successful.