Terms of Service

1. Eligibility and Accounts

You must be at least 13 years old to use the App. By using the App, you represent that you are 13 or older.

You are responsible for the information you provide and for maintaining the confidentiality of your account. You agree to provide accurate information and to keep it current.

2. License to Use the App

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the App for your own personal, non-commercial use. You may not copy, modify, distribute, sell, lease, reverse-engineer, or attempt to extract the source code of the App, except to the extent this restriction is prohibited by applicable law.

3. What the App Does — and Does Not Do

Fairvue is a self-contained tool that helps junior golfers organize and manage information relevant to the college golf recruiting process — including scores, statistics, academic information, and lists of schools — in order to reduce the manual work involved in recruiting. The App is an organizational and informational tool for your own use.

4. School Categorization and Estimates — No Reliance

The App may categorize schools into tiers — such as "Scholarship," "Target," "Walk On," and "Reach" (as defined within the App) — and may present related estimates or groupings. These categorizations are generated purely algorithmically based on our own methodology and the data available to the App.

These categorizations and estimates are informational only. They are not advice, predictions, or guarantees, and they must not be relied upon as such. Among other things:

• A "Scholarship," "Target," "Walk On," or "Reach" label is not a promise, prediction, or guarantee that you will or will not receive a scholarship, be recruited, be admitted, or be able to play at any school.
• Many factors that materially affect recruiting and admissions cannot be captured by an algorithm — including a coach's or program's specific needs in a given recruiting year, available funding, roster spots, personal relationships, coaching changes, academic requirements, and individual program decisions.
• Outliers and individual circumstances may cause actual outcomes to differ significantly from any categorization or estimate the App provides.

You are solely responsible for your own recruiting decisions, including which schools you choose to pursue or not pursue. We strongly encourage you to make your own independent evaluations and to consult your own coaches, school counselors, families, and other qualified advisors before making decisions. We are not liable for any decision you make, or decline to make, based on any information the App provides.

5. Purchases

The App may offer optional one-time, non-recurring purchases. At launch, the App offers a one-time founding-member purchase priced at $0.99 (USD). We do not currently offer recurring subscriptions. Prices and available purchases may change over time; any change will apply only to purchases made after the change takes effect.

"Lifetime" access

Where a purchase is described as "lifetime," "lifetime" means for the operational lifetime of the App — that is, for as long as we continue to make the App available. It does not mean the lifetime of any person, and it does not obligate us to operate, maintain, or make the App available indefinitely. If the App is permanently discontinued, lifetime access ends. This limitation is a material part of these Terms and is reflected in the price.

Billing, sellers, and refunds

All purchases are processed by Apple through the App Store using your Apple ID. Apple, not Fairvue, is the seller and merchant of record for in-app purchases. We do not receive or store your payment card or financial account information.

Because Apple processes payments, refunds are handled by Apple in accordance with Apple's policies, and we generally cannot issue refunds directly. Refund requests should be directed to Apple. To the maximum extent permitted by law, and except where required otherwise by applicable consumer-protection law, purchases are non-refundable.

6. Acceptable Use

You agree not to: use the App for any unlawful purpose; interfere with or disrupt the App or its servers; attempt to gain unauthorized access to any part of the App or another user's account; upload malicious code; or use the App in any way that could damage, disable, or impair it. We may suspend or terminate access for conduct that violates these Terms.

7. Intellectual Property

The App and all associated content, features, methodology (including our categorization system), design, text, and graphics are owned by Fairvue and are protected by intellectual property laws. These Terms do not grant you any ownership of, or rights in, the App other than the limited license described above. "Fairvue" and associated logos are our marks and may not be used without our permission. Information you enter into the App remains yours; you grant us only the limited rights necessary to operate the App and provide it to you.

Fairvue Data and Categorization Content

The App contains proprietary data, values, differentials, ratings, categorizations, and other content that we have computed, compiled, or created — including the per-school values and the tier categorizations generated by our methodology (collectively, "Fairvue Data"). Fairvue Data is owned by Fairvue and is protected as our intellectual property and confidential business information. This is distinct from the information you enter yourself, which remains yours as described above.

Your license to use the App permits you to view and use Fairvue Data solely for your own personal, non-commercial recruiting purposes within the App. You may not, and may not authorize, permit, or enable any third party to:

• copy, extract, scrape, harvest, aggregate, or store Fairvue Data outside the App, except as the App's normal functionality expressly allows for your own personal use;
• reproduce, republish, distribute, display, sell, license, sublicense, rent, transfer, or otherwise commercialize Fairvue Data, or make it available to any third party;
• use Fairvue Data, in whole or in part, to build, train, or improve any product, service, dataset, model, or database — including anything that competes with the App; or
• use any automated means, including bots, scrapers, or crawlers, to access or collect Fairvue Data.

All rights in Fairvue Data not expressly granted to you are reserved by Fairvue. Nothing in these Terms transfers any ownership of Fairvue Data to you.

8. Disclaimer of Warranties

The App is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, to the maximum extent permitted by law. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the App will be uninterrupted, error-free, secure, or that any information, categorization, or estimate it provides is accurate, complete, or reliable. Your use of the App is at your own risk.

9. Limitation of Liability

To the maximum extent permitted by law, in no event will Fairvue be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, opportunities, data, or goodwill, arising out of or relating to your use of (or inability to use) the App, including any recruiting, admissions, scholarship, or athletic outcome, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the App or these Terms will not exceed the greater of the amount you paid us for the App in the twelve (12) months preceding the claim, or ten U.S. dollars ($10.00).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

10. Indemnification

You agree to indemnify and hold harmless Fairvue from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your use of the App, your violation of these Terms, or your violation of any law or the rights of a third party. If you are a parent or guardian who has permitted a minor to use the App, this obligation applies to you with respect to that minor's use.

11. Termination

You may stop using the App at any time and may delete your account within the App or by contacting us. We may suspend or terminate your access to the App at any time, with or without notice, including for violation of these Terms or if we discontinue the App. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, and indemnification — will survive.

12. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and, where appropriate, provide notice within the App. Your continued use of the App after an update means you accept the revised Terms.

13. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the App will be subject to the exclusive jurisdiction of the state and federal courts located in California, except where prohibited by applicable law.

14. Apple App Store

These Terms are between you and Fairvue only, and not with Apple. Apple is not responsible for the App or its content. To the extent there is any conflict between these Terms and Apple's Licensed Application End User License Agreement (Apple's Standard EULA), Apple's minimum required terms will govern solely with respect to that conflict.

You acknowledge that: Apple has no obligation to provide maintenance or support for the App; in the event the App fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price (and to the maximum extent permitted by law, Apple has no other warranty obligation); Apple is not responsible for addressing any claims relating to the App, including product-liability, legal or regulatory, or consumer-protection claims; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

15. Contact Us

Questions about these Terms can be directed to:

Email: contact@fairvuegolf.app