Terms of Service

Terms of Service

Birdie Academy — a platform operated by Elevate Apps Ltd

Effective date: 06/09/2026

These Terms of Service ("Terms") govern access to and use of the Birdie Academy application, including its iOS and Android apps, associated websites, and related services (together, "the App"), provided by Elevate Apps Ltd, a company registered in Scotland under company number [COMPANY NUMBER], whose registered office is at [1 Tofthill Place] ("the Company", "we", "us", or "our"). By creating an account, joining a club, or otherwise using the App, you ("you" or "the User") agree to be bound by these Terms. If you do not agree to these Terms, you must not use the App.

The App is designed for use by parents and guardians on behalf of junior golfers ("Players") participating in a golf club's junior programme, and by club administrators and platform administrators who manage clubs on the App. Where these Terms refer to "you" in the context of a Player's account or data, this means the parent or guardian who registered and controls that account on the Player's behalf, unless the context makes clear that a provision applies to a club administrator or platform administrator.

1. Eligibility and Accounts

1.1 The App is intended for use by adults (parents, guardians, and club administrators) on behalf of, or in connection with, junior golfers. You must be at least 18 years old to create and hold an account. Accounts and player profiles for a child under 18 must be created and controlled by a parent or legal guardian, or by an authorised club administrator acting within their club's own consent arrangements.

1.2 You must provide accurate, current, and complete information when creating an account, and keep that information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

1.3 Access to a club's area of the App requires a valid join code or invitation issued by that club's administrators. The Company reserves the right to verify, decline, or revoke access where a join code has been shared or used improperly.

1.4 You must notify the Company promptly of any unauthorised use of your account or any other breach of security.

2. The App and How It Works

2.1 The App provides tools for running a junior golf programme, including player profiles and handicaps, league and competition scoring, match play brackets, live scoring, an events calendar, club administration tools, and related features, as they exist from time to time.

2.2 The App is a multi-club platform. Each club's players, results, and administrative data are kept separate from every other club on the platform, and are not made visible to another club except where a governing body affiliation or other arrangement has been deliberately and transparently enabled for that club, with an appropriate legal basis in place for any data shared as a result.

2.3 The Company may add, change, suspend, or remove features of the App at its discretion, including to reflect changes in a club's subscription, and will give reasonable notice of any change that materially reduces the App's functionality for existing users where practicable to do so.

2.4 The App relies on scores, results, and other information submitted by users, including Players and their parents or guardians. The Company does not independently verify the accuracy of user-submitted scores and is not responsible for errors arising from information entered incorrectly, in bad faith, or without authority.

3. Subscriptions and Fees

3.1 Clubs access the App under a subscription plan selected at the time the club is onboarded, as set out on the Company's website or otherwise agreed in writing with the club. Some clubs may be granted access on a billing-exempt or specially agreed basis at the Company's discretion.

3.2 Where a subscription fee applies, it is payable by the club (not by individual parents, guardians, or Players, unless otherwise agreed) in accordance with the billing terms notified to the club at the time of subscribing. The Company may change its subscription plans and pricing from time to time, on reasonable notice to affected clubs.

3.3 If a club's subscription lapses, is not renewed, or is terminated, the Company may restrict or suspend that club's access to paid features of the App, subject to any notice period agreed with the club.

4. Acceptable Use

4.1 You must use the App only for its intended purpose of supporting junior golf development and club administration, and in compliance with all applicable laws.

4.2 You must not: (a) submit false, misleading, or manipulated scores, results, or handicap information; (b) attempt to gain unauthorised access to another user's account, another club's data, or any part of the App or its underlying systems; (c) use the App to harass, bully, or send inappropriate content to any other user, including any Player; (d) upload or share content that is unlawful, offensive, or infringes the rights of any third party; (e) use automated means to scrape, copy, or extract data from the App without the Company's prior written consent; or (f) interfere with or disrupt the operation of the App or the servers or networks used to provide it.

4.3 Club administrators must use their administrative access responsibly, and only to manage their own club's players, competitions, and data, in accordance with their own safeguarding responsibilities as a golf club and any applicable guidance from their national governing body.

4.4 The Company may investigate suspected breaches of this clause and may take any action it considers appropriate, including removing content, restricting functionality, and suspending or terminating accounts under clause 9.

5. User Content

5.1 "User Content" means any information, scores, images, or other material that you or a club submits to the App. You retain ownership of your User Content, but grant the Company a worldwide, royalty-free licence to host, store, reproduce, and display it solely for the purposes of operating and improving the App and providing the service to the relevant club.

5.2 You are responsible for ensuring you have the right to submit any User Content you provide, including any photograph or image of a Player, and for ensuring that submitting it does not breach any other person's rights or your club's own safeguarding policies.

5.3 The Company may remove or disable access to any User Content that it reasonably believes breaches these Terms, applicable law, or the rights of a third party.

6. Intellectual Property

6.1 The App, including its software, design, branding, the Birdie Academy name and wordmark, and all associated intellectual property rights, are owned by the Company (or its licensors) and are protected by copyright, trade mark, and other laws. Nothing in these Terms transfers any such rights to you.

6.2 You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the App for its intended purpose, in accordance with these Terms. You must not copy, modify, reverse engineer, distribute, or create derivative works from the App, except to the extent expressly permitted by law.

6.3 Any club, governing body, or sponsor branding displayed within the App remains the property of the relevant club, governing body, or sponsor, and is displayed under arrangements agreed separately with the Company.

7. Third-Party Platform

7.1 The App is built and hosted using the third-party platform Base44. The App's availability and certain aspects of its performance depend on the continued availability and performance of Base44's own infrastructure and services, which are provided subject to Base44's own terms and policies.

7.2 The Company is not responsible for outages, errors, or data handling by Base44 or any other third-party infrastructure or service provider, save to the extent required by applicable law, but will take reasonable steps to select and manage its infrastructure providers responsibly.

8. Data Protection and Privacy

8.1 The Company processes personal data, including personal data relating to children, in accordance with its Privacy Policy, available within the App and on the Company's website, which forms part of these Terms by reference.

8.2 Role-based access controls are used so that a family can see only their own Player's data, and a club administrator can see only their own club's data, subject to the platform-level oversight needed to operate and support the App described in the Privacy Policy.

8.3 Where the Company shares data with a governing body (such as Scottish Golf) or another third party in connection with a club's affiliation or a specific feature, it will do so only on an appropriate legal basis, as set out in the Privacy Policy, and, where required, only after appropriate consent has been obtained from the relevant parent or guardian.

8.4 If you have any concern about how personal data is handled within the App, you should raise it with your club in the first instance, or contact the Company directly using the details in clause 15.

9. Suspension and Termination

9.1 You may stop using the App, and a parent or guardian may request that a Player's account be closed, at any time by contacting the relevant club administrator or the Company directly.

9.2 The Company may suspend or terminate your access to the App, in whole or in part, with or without notice, if: (a) you breach these Terms; (b) the Company reasonably believes your account poses a risk to the safety, security, or proper operation of the App or to another user, including a Player; (c) required to do so by law or by a competent authority; or (d) the relevant club's subscription ends or is not renewed.

9.3 On termination of your account, the Company will handle any personal data held about you or a Player in accordance with its Privacy Policy and applicable data protection law.

10. Warranties and Disclaimers

10.1 The Company will use reasonable skill and care in providing the App, but the App is provided "as is" and "as available." To the fullest extent permitted by law, the Company excludes all warranties, whether express or implied, as to the App's availability, accuracy, or fitness for any particular purpose.

10.2 The Company does not guarantee that the App will be uninterrupted, error-free, or free from loss of data, and will not be liable for any unavailability arising from maintenance, third-party infrastructure issues (including issues with Base44), or circumstances beyond its reasonable control.

11. Limitation of Liability

11.1 Nothing in these Terms limits or excludes the Company's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.

11.2 Subject to clause 11.1, the Company's total liability to you arising out of or in connection with these Terms or your use of the App, whether in contract, tort (including negligence), or otherwise, shall not exceed the total subscription fees paid by your club in respect of the App in the twelve (12) months preceding the event giving rise to the claim, or [£100], whichever is greater.

11.3 Subject to clause 11.1, the Company shall not be liable for any indirect, consequential, or special loss, or for loss of profits, revenue, or data, arising out of or in connection with these Terms or use of the App.

12. Changes to These Terms

12.1 The Company may update these Terms from time to time, including to reflect changes to the App, legal or regulatory requirements, or the way the service is operated. Where a change is material, the Company will give reasonable notice before it takes effect, such as by notification within the App or by email to the account holder.

12.2 Continued use of the App after updated Terms take effect constitutes acceptance of the updated Terms. If you do not agree to a change, you should stop using the App and may close your account in accordance with clause 9.1.

13. General

13.1 If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.2 The Company may transfer or assign its rights and obligations under these Terms in connection with a sale, merger, reorganisation, or transfer of all or substantially all of its business or assets relating to the App. You may not assign your rights or obligations under these Terms without the Company's prior written consent.

13.3 A failure by the Company to enforce any provision of these Terms is not a waiver of its right to do so later.

13.4 These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company concerning your use of the App, and supersede any prior agreements or understandings on that subject.

14. Governing Law and Jurisdiction

These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of Scotland, and the parties submit to the exclusive jurisdiction of the Scottish courts.

15. Contact Us

If you have any questions about these Terms, please contact the Company at [sales@birdie-academy.com].

Elevate Apps Ltd — Birdie Academy