Terms of Service for Golf Clubs

Golf Active — golfactive.eu

Version

1.0 · Effective from: 4 August 2026

Who this is for

golf clubs, course operators and resorts contracting for the App (B2B)

Use of the App by players is governed by the Terms of Use. These Terms apply exclusively to business relationships.

§ 1. Parties and definitions

1. Provider — SELKANO KANIEWSKI SP.J., ul. Poznańska 11, 78-100 Kołobrzeg, Poland; KRS 0001217985, NIP 6711870431 (EU VAT: PL6711870431), REGON 54376777000000; hello@golfactive.eu.
2. Club — the business operating a golf course or resort that has entered into an Agreement with the Provider.
3. App — Golf Active: a progressive web application for golf course navigation, made available at the address specified in the Agreement.
4. Deployment — one-off work producing a digital representation of the Course and launching the App for the Club.
5. Course Model — vector land-cover geometry, the model of holes, greens, tees, hazards and play axes, together with the associated scorecard.
6. Club Content — course plan, scorecard, photographs, facility descriptions, opening hours, logo and trade marks supplied by the Club.
7. Agreement — the contract between the Provider and the Club, of which these Terms form an integral part.
8. Billing Period — a calendar month unless the Agreement provides otherwise.

§ 2. The service

1. The Provider undertakes to:

• (a) carry out the Deployment for the specified Course,
• (b) make the App available at the Club's address for the term of the Agreement,
• (c) maintain the infrastructure (hosting, certificates, security updates),
• (d) develop the App — the Club receives new standard-version features at no extra charge,
• (e) provide technical support within the scope and timeframes set out in the SLA,
• (f) supply print-ready artwork for QR code signage (tee 1 and clubhouse).

1. The App is free of charge for players. The Club may not charge players for access nor make other services conditional on it.
2. The service is provided on a SaaS basis. The Club does not acquire a copy of the software, the source code or any right to reproduce it.
3. The Provider does not supply tee-time booking, online payments, handicap management or competition administration. The App does not transmit scores to club or federation systems.

§ 3. Deployment

1. Input materials. The Club supplies: the course plan (PDF, image or cartographic material in the best quality available), the scorecard with pars, stroke indexes and lengths from each tee, facility photographs, descriptions and opening hours, plus logo and brand colours.
2. Warranty of rights. The Club warrants that it holds rights to the supplied materials sufficient to grant the licence under § 6(2), including rights to the course plan and consents from individuals appearing in photographs, and will indemnify the Provider against third-party claims concerning those materials.
3. Process. Deployment comprises georeferencing the plan, vectorising land cover, building the hole model and verifying consistency with the scorecard. The Provider delivers a quality report stating the root-mean-square fitting error across control points, the number and type of features, and a list of elements flagged as approximate.
4. Field verification. The Club verifies the representation on the Course, in particular elements flagged as approximate, and reports observations within 14 days of the test version being made available. Field verification is the Club's obligation — the Provider performs no surveying measurements.
5. Acceptance. Absence of observations within that period constitutes acceptance. Observations submitted in time are addressed within the Deployment fee, provided they fall within the agreed scope.
6. Timing. The Deployment date is set in the Agreement and runs from delivery of complete materials; late delivery postpones it accordingly.
7. Course changes. Reconstruction, changes to the hole layout or significant reshaping require an update to the Course Model, quoted separately. The Club notifies the Provider in time to allow the update.

§ 4. Club obligations

1. The Club undertakes to:

• (a) supply complete and accurate materials and keep them up to date (opening hours, descriptions, photographs),
• (b) verify the Course representation before making the App available to guests,
• (c) promptly report discrepancies between the App and the terrain,
• (d) inform guests that distances are indicative and do not replace yardage markers,
• (e) not attempt to modify, decompile or reproduce the App or the Course Model,
• (f) use the App solely for the Course covered by the Agreement.

1. The Club is responsible for the content it supplies for publication, including its lawfulness and compliance with third-party rights.
2. The Club nominates a contact person for deployment and content matters and notifies any change.

§ 5. Fees and settlement

1. Subscription: EUR 99 net per month per Course, or PLN 430 net per month per Course for Clubs billed in Polish złoty, unless the Agreement provides otherwise. The billing currency is stated in the Agreement; the two rates stand on their own and are not converted at the exchange rate on the payment date.
2. Deployment is quoted individually once the course plan has been reviewed — the quality and completeness of the source material determine the fee. A quotation becomes binding upon the Club's written (including e-mail) acceptance.
3. Course networks. Tiered pricing applies to several Courses under one operator or a group of clubs, as set out in the Agreement.
4. The subscription is charged in advance for each Billing Period, from the month following acceptance of the Deployment. Payment term: 14 days from delivery of the invoice.
5. VAT:

• (a) Clubs established in Poland — Polish VAT is added at the applicable rate;
• (b) Clubs that are taxable persons in another EU Member State supplying a valid EU VAT number verified in VIES — the reverse charge mechanism applies (Articles 44 and 196 of Directive 2006/112/EC) and the invoice is marked accordingly;
• (c) Clubs established outside the EU — the supply is not subject to Polish VAT; tax settlement in the Club's country is the Club's responsibility;
• (d) absence of a valid EU VAT number results in Polish VAT being charged.

1. Invoices are issued electronically. Invoices for Polish counterparties are issued through the National e-Invoicing System (KSeF) in line with applicable implementation dates; foreign counterparties receive a PDF invoice by e-mail.
2. Late payment. Statutory interest for late payment in commercial transactions applies. Where the delay exceeds 30 days, the Provider may — after a reminder allowing at least 7 days — suspend access to the App, notifying the Club on a durable medium with reasons.
3. Price changes. The Provider may change the subscription fee on 30 days' notice. A Club that does not accept the change may terminate with effect from the day before it takes effect; the previous rate applies until then.

§ 6. Intellectual property

1. App. Economic copyright in the App, its code, interface and the "golfactive.eu" mark belongs to the Provider. The Club receives a non-exclusive, non-transferable, non-sublicensable licence to use the App for the Course covered by the Agreement, for its term, including making the App available to guests and referring to it in the Club's marketing materials.
2. Club Content. The Club grants the Provider a non-exclusive, royalty-free licence to use Club Content as necessary to perform the Deployment and provide the service, including reproduction, adaptation (vectorisation, cropping, format conversion) and communication to the public within the App. The licence includes the right to use the Club's name and logo in the Provider's reference materials; the Club may opt out of this on conclusion of the Agreement.
3. Course Model. Rights in the Course Model — as a derivative work and as a protected database — belong to the Provider. The Club uses it under the licence in paragraph 1.
4. Buy-out of the Course Model. The Club may at any time acquire a non-exclusive, perpetual licence to the Course Model in GeoJSON format together with georeferencing documentation, for the fee stated in the Agreement or otherwise agreed. This does not include the App's source code.
5. OpenStreetMap data. The basemap comes from OpenStreetMap under the ODbL licence. The Club may not remove or obscure the "© OpenStreetMap contributors" attribution.
6. No circumvention. The Club will not commission third parties to produce a course representation on the basis of the Course Model supplied under the Agreement. This does not restrict the Club from commissioning an independent cartographic work produced without using the Course Model.

§ 7. Service levels, support and development

1. Availability, maintenance windows, response times and service credits are set out in the SLA, which forms an integral part of the Agreement.
2. Reports are accepted at hello@golfactive.eu.
3. The Provider may develop and modify the App. Changes that remove or materially restrict a feature within the scope of § 2(1) require 30 days' notice; a Club that does not accept them may terminate with effect from the date the change takes effect.
4. The Provider may suspend the service without notice only where infrastructure or data security is at risk, notifying the Club immediately with reasons and the expected duration.

§ 8. Data protection

1. In the standard configuration the Provider processes no personal data of players on behalf of the Club, because the App transmits no such data to any server. Round data, settings and GPS position remain on the player's device. No processing within the meaning of Article 28 GDPR therefore arises in respect of player data.
2. As regards contact data of the Club's representatives (name, e-mail, telephone, position), the Provider is a separate controller — see the Privacy Policy.
3. The parties conclude a Data Processing Agreement of a conditional nature. It takes effect upon activation of any module listed in its Annex A (operator panel, contact form in the App, server-side statistics, and others). Until then it has no subject matter and is concluded as a safeguard.
4. The Provider will give the Club at least 30 days' notice before activating any module that would begin processing on the Club's behalf; activation requires the Club's confirmation.
5. The Club remains responsible for its own information duties towards its guests in respect of data it processes itself in connection with play on the Course; the App neither discharges nor performs those duties.

§ 9. Liability

1. The Provider is liable for providing the service in accordance with the Agreement, these Terms and the SLA.
2. The Provider is not liable for:

• (a) the accuracy of GPS receivers in players' devices,
• (b) decisions taken by players on the basis of App data, round results or competition outcomes,
• (c) discrepancies between the App and the Course arising from changes the Club did not notify,
• (d) content supplied by the Club and the consequences of its publication,
• (e) unavailability caused by third-party suppliers (hosting, OpenStreetMap tile server, telecommunications operators),
• (f) the Club's loss of profit.

1. Liability cap. The Provider's aggregate liability under the Agreement in any rolling 12-month period is limited to the net fees paid by the Club in the 12 months preceding the event giving rise to the claim.
2. The limitations in paragraphs 2 and 3 do not apply to damage caused intentionally, to personal injury, to breaches of data protection law, or to infringement of intellectual property rights.
3. The Provider will indemnify the Club against third-party claims alleging that the App infringes intellectual property rights, provided the Provider is notified promptly and allowed to conduct the defence. Claims arising from Club Content are excluded.

§ 10. Confidentiality

1. Each party will keep confidential the other's commercial, technical and organisational information, in particular the financial terms of the Agreement, Deployment quality reports and traffic data.
2. This does not cover information that is public, lawfully obtained from third parties without a confidentiality obligation, or whose disclosure is required by law or by an authority — in the latter case the disclosing party notifies the other unless prohibited from doing so.
3. Confidentiality obligations survive for 3 years after the Agreement ends.

§ 11. Term and termination

1. The Agreement is concluded for an indefinite term, with no minimum commitment period.
2. Either party may terminate on one month's notice, effective at the end of a calendar month. Notice may be given in documentary form (e-mail suffices).
3. The Provider may terminate with immediate effect where: payment is more than 60 days overdue despite a reminder; § 4 or § 6 is materially breached; or the App is used unlawfully.
4. The Club may terminate with immediate effect where: the App is unavailable for more than 72 continuous hours outside a maintenance window; there is a material data security breach; or service levels are missed in three consecutive Billing Periods.
5. Exit and data portability. On termination:

• (a) the App at the Club's address ceases to be available at the end of the paid period,
• (b) within 30 days and at no additional charge, the Provider returns Club Content as supplied and editorial content created during the engagement (facility descriptions, opening hours) in commonly used, machine-readable formats (JSON),
• (c) the Course Model is dealt with under § 6(4),
• (d) data stored on players' devices remain there — neither party can access or delete them,
• (e) paragraph 5(b) reflects the switching and data portability principles of Chapter VI of Regulation (EU) 2023/2854 (Data Act).

§ 12. Force majeure

Neither party is liable for failure to perform caused by an external event that could not be foreseen or prevented, in particular natural disasters, acts of war, general strikes, epidemics, energy or telecommunications infrastructure failures of supra-regional scale, and cyberattacks on third-party suppliers' infrastructure. The affected party notifies the other promptly of its onset and cessation.

§ 13. Changes to these Terms

1. The Provider may amend these Terms for valid reasons: changes in law, service scope, infrastructure providers, security requirements or market conditions.
2. Changes are notified on a durable medium (e-mail to the Club's contact address) at least 30 days in advance.
3. A Club that does not accept the changes may terminate with effect from the day before they take effect. Failure to terminate within that period constitutes acceptance.
4. Changes required solely by mandatory law take effect on the date those provisions require.

§ 14. Final provisions

1. The Agreement and these Terms are governed by Polish law, excluding the United Nations Convention on Contracts for the International Sale of Goods.
2. Disputes are subject to the courts having jurisdiction over the Provider's registered office. The parties conclude a jurisdiction agreement to that effect within the meaning of Article 25 of Regulation (EU) No 1215/2012 (Brussels I bis). Before commencing proceedings the parties will attempt an amicable settlement within 30 days of a written demand.
3. These Terms do not apply to consumers. The Club confirms that it enters into the Agreement directly in connection with its business activity and that the Agreement is of a professional character for it.
4. Assignment requires the other party's consent, except by universal succession or transfer of the business, of which the other party is notified.
5. If any provision is invalid, the remainder stays in force and is supplemented by the provision closest to the parties' intent.
6. These Terms are published in Polish and English. In the event of discrepancy the Polish version prevails.
7. The SLA, the Data Processing Agreement and the accepted Deployment quotation form integral parts of the Agreement.

Version history

_SELKANO KANIEWSKI SP.J., Kołobrzeg, 4 August 2026_