Terms of Use — golfactive.eu website and Golf Active app

Version

1.0

Effective from

4 August 2026

Who this is for

anyone using the website or the app (players, club guests, visitors)

The relationship with golf clubs is governed by a separate document — Terms of Service for Golf Clubs.

1. Who provides the service

1. The provider is SELKANO KANIEWSKI SP.J., ul. Poznańska 11, 78-100 Kołobrzeg, Poland, registered in the Polish National Court Register under KRS 0001217985, tax number NIP 6711870431 (EU VAT: PL6711870431), REGON 54376777000000 (the Provider or Golf Active).
2. Contact: hello@golfactive.eu; postal address as above.
3. These Terms are made available free of charge before the contract is concluded, in a form that allows them to be downloaded, reproduced and stored (Article 10 of Directive 2000/31/EC; in the UK, regulation 9 of the Electronic Commerce (EC Directive) Regulations 2002).

2. Scope

1. These Terms govern the use of:

• (a) the informational website golfactive.eu,
• (b) the Golf Active app — a progressive web application for golf course navigation, made available under the address of a particular golf club.

1. The app is free of charge for players. It contains no advertising, no accounts and no purchases. Implementation and running costs are borne by the golf club, not by the player.
2. These Terms do not cover services provided by the golf club (play on the course, tee-time bookings, catering, equipment hire). Those are the club's sole responsibility under its own terms.

3. Definitions

4. Formation and termination of the contract

1. The contract for the electronic service is concluded when you open the website or the App and runs for an indefinite period.
2. It terminates when you close the browser tab or the App — with no formalities, declarations or consequences.
3. You may stop using the service at any time and delete all data stored on your device (section 8.4). No contact with the Provider is needed.
4. Because the service is free and requires no personal data whatsoever, no contract for the supply of digital content or services against payment arises within the meaning of Directive (EU) 2019/770 or national consumer legislation, and the rules on withdrawal from distance contracts do not apply. The right in paragraph 3 is in practice broader: cancellation is instant, requires no reason and is subject to no deadline.

5. Technical requirements

1. To use the App you need:

• a device with a browser supporting WebGL 2 and Service Workers: Chrome 100+, Safari 16+, Firefox 100+, Edge 100+,
• JavaScript enabled,
• an internet connection for the first launch (subsequent launches work offline),
• for navigation features — a GPS receiver and browser permission to access location.

1. Refusing location permission does not disable the App: the course map, scorecard and shot planning by tapping the map remain available. Only distances measured from your current position are lost.
2. Data transmission costs are borne by the User under their operator's tariff. The App is designed for minimal transfer: course geometry is downloaded once and stored on the device.

6. Distance accuracy — please read

This is the most important section of these Terms.

1. Distances shown in the App are indicative and supplementary. They are not a surveying or official measurement and cannot found any claim.
2. Accuracy has two independent components:

• (a) the accuracy of the Course model — geometry is produced by georeferencing the course plan supplied by the Club; on the first deployment the root-mean-square error was 1.2 m across 17 control points, but this value depends on the quality of the source material for each Course and is stated in the App;
• (b) the accuracy of your device's GPS receiver — typically 3–5 m in open terrain, but worse under tree cover, heavy cloud, near buildings or with a weak GPS module. The App displays the current GPS accuracy on screen so you can see how much to trust the reading.

1. The pin position on the green changes daily and is selected by the User (front / middle / back). The App does not know the actual daily flag position unless the Club publishes it separately.
2. Course elements marked in the App as approximate (for example a green reconstructed from the end of a fairway where the course plan was unclear) are marked deliberately and call for particular care.
3. The App does not measure elevation difference between the player and the green, wind speed or direction, or any other atmospheric condition.
4. The decision on how to play a shot is the player's alone. The Provider is not responsible for the outcome of a shot, the result of a round, or lost balls.

7. Rules of Golf and competitions

1. Compliance with the Rules of Golf (R&A / USGA), competition conditions and Local Rules is entirely the User's responsibility.
2. Rule 4.3a(1) permits devices that provide distance information. The App has no function for measuring elevation change or atmospheric conditions, the use of which during a round is not permitted.
3. The App includes an optional club suggestion calculated solely from the User's own measurements. Before a competition, check whether the Committee permits its use and, if in doubt, do not use it.
4. The Provider does not organise competitions, does not maintain handicaps and does not transmit scores to any club or federation system.

8. Safety on the course and rules of use

1. Do not use the App while playing a stroke or while standing in another player's line of play. A phone in your hand narrows your field of vision and your reaction time to a shout of "fore".
2. When driving a golf cart, operate the App only when stationary.
3. In a thunderstorm, stop play immediately and take shelter as instructed by the Club — the App gives no weather warnings and does not replace announcements from course staff.
4. You may delete all App data at any time by clearing site data in your browser settings, or by uninstalling the App if you added it to your home screen. Deletion is immediate and irreversible — the Provider holds no copy and cannot restore it.
5. It is prohibited to:

• (a) supply unlawful content,
• (b) interfere with the operation of the App or its infrastructure (volumetric attacks, attempts to circumvent protections),
• (c) automatically harvest Course data (scraping), reproduce or redistribute Course geometry without the Provider's consent,
• (d) decompile or reverse engineer beyond the limits permitted by mandatory law.

9. Availability and liability

1. The Provider makes reasonable efforts to keep the App continuously available but, as the service is free of charge to the User, gives the User no commitment as to a specific availability level. Service level commitments exist towards the Club under a separate contract.
2. The Provider is not liable for:

• (a) interruptions caused by force majeure, the User's connection, the hosting provider or the OpenStreetMap tile server,
• (b) the operation and accuracy of the GPS receiver in the User's device,
• (c) the condition of the Course, changes to its layout, reconstruction works or temporary restrictions introduced by the Club,
• (d) the consequences of decisions the User takes on the basis of data from the App.

1. Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited or excluded. For consumers, limitations apply only to the extent permitted by law, including — for users in the United Kingdom — the Consumer Rights Act 2015.

10. Intellectual property

1. Rights in the App — its code, interface, the "golfactive.eu" name and logo, and the way the Course is rendered — belong to the Provider.
2. The vector Course geometry (fairways, greens, bunkers, water, paths, play axis) is a derivative work based on the plan supplied by the Club and is additionally protected as a database. Rights in it belong to the Provider; rights in the Course plan itself and in photographs belong to the Club.
3. The basemap comes from OpenStreetMap and is provided under the Open Database License (ODbL) — © OpenStreetMap contributors. The required attribution is displayed in the App and on the website and may not be removed.
4. Use of the App transfers no rights to the User. The User receives a non-exclusive, non-transferable right to use the App for personal purposes for the duration of use.
5. Round data stored on the User's device belong to the User. The Provider claims no rights in them and has no access to them.

11. Complaints

1. Complaints about the website or the App may be sent by e-mail to hello@golfactive.eu or in writing to SELKANO KANIEWSKI SP.J., ul. Poznańska 11, 78-100 Kołobrzeg, Poland.
2. Please include: a description of the problem, the name of the Course, the date and time, your device and browser, and the outcome you are seeking. A screenshot helps considerably.
3. We handle complaints within 14 days of receipt and reply through the same channel.
4. Complaints about the condition of the Course, staff, green fees or club services must be addressed to the Club — the Provider has no influence over these matters and is not a party to the contract between the Club and the player.

12. Out-of-court dispute resolution

1. A User who is a consumer may use out-of-court dispute resolution, in particular an approved ADR body in their country of residence. The European Commission maintains a register of notified ADR bodies.
2. The European ODR platform no longer exists — it ceased operating on 20 July 2025 under Regulation (EU) 2024/3228. References to it, still found in many terms of service, are obsolete.
3. In Poland, consumers may also turn to the Trade Inspection's permanent consumer arbitration courts and to municipal or district consumer ombudsmen.
4. Using out-of-court routes is voluntary and does not affect the right to go to court.

13. Governing law and jurisdiction

1. These Terms are governed by Polish law.
2. The choice of Polish law does not deprive a consumer of the protection afforded by mandatory provisions of the law of their country of habitual residence (Article 6(2) of Regulation (EC) No 593/2008 — Rome I). If the law of your country gives you stronger protection, you keep it regardless of these Terms.
3. A consumer may bring proceedings in the courts of their place of domicile and may be sued only there (Articles 17–19 of Regulation (EU) No 1215/2012 — Brussels I bis). Users in the United Kingdom retain the protections available to them under UK law and may bring proceedings before UK courts.
4. Disputes with Users who are not consumers are subject to the courts having jurisdiction over the Provider's registered office.

14. Changes to these Terms

1. The Provider may amend these Terms for valid reasons: changes in law, in the scope or operation of the service, in security requirements, or in infrastructure providers.
2. Changes are announced in the App and on the website at least 14 days in advance, with the new version and its effective date.
3. Continued use after the effective date constitutes acceptance. A User who does not accept the changes simply stops using the service — which, in the absence of accounts or obligations, requires no action.

15. Final provisions

1. If any provision is or becomes invalid, the remaining provisions stay in force.
2. These Terms are published in Polish and translated into English, German, French, Spanish, Italian, Swedish, Danish and Dutch. In the event of discrepancy — and without prejudice to mandatory consumer protection rules in the User's country of residence — the Polish version prevails.
3. Personal data processing is described in the Privacy Policy; access to device storage in the Cookie and Local Storage Policy.
4. These Terms take effect on 4 August 2026.

Version history

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