Term of Service

These Terms and Conditions (the “Terms of Use”, the “Agreement”) govern the relationship
between you and Exercitor GmbH (hereinafter “GolfWatch”, “us” or “we”) with respect to
your use of GolfWatch and related software applications, including the GolfWatch App
(collectively, the “Service”, the “Service” or the “Service”), accessed through our websites
(the “Website”) and/or our iOS or other type of application licensed by GolfWatch to
facilitate your use of the Service (the “Application”).
Reference herein to the Service or use of the Service means through both the Website and
the Application.
The Service is owned and operated by Exercitor GmbH; a limited liability company based in
The terms “you” and “„your” refer to anyone who accesses, views, browses, visits, or uses
the Service in any way by, through or under you or your account.
Use of the Service is also subject to GolfWatch’s Privacy Policy, the most current version of
which can be found at [htps://www.golfwatch.de/privacy-policy/ – add link to privacy
policy]2 (the “Privacy Policy”), which is incorporated herein by reference.

License and Restrictions.

Grant of License to the Service.

GolfWatch hereby grants you a non-exclusive, non-transferable, revocable, limited license for
the period that your account is active to access and use the Service through the Website
and/or the Application, and to install and run one copy of the Application on a single mobile
device. You are responsible for obtaining all hardware necessary to run the Application and
for any charges, such as internet connection, data, or mobile charges, incurred by you in
accessing the Service. We reserve all rights not expressly granted herein.
Accounts and Access.

To use the Service, you must register for an account (the “Account”). Once your Account is
registered, you are generally referred to as a “User”. Other users are generally referred to as
“other users” and you and other users are sometimes collectively referred to as “Users”. Your
account allows you to access the Service and features, which we establish, maintain, and
change from “me to me in our sole discretion. We may maintain different types of accounts
with different features or functions for different types of Users. If you open an account on
behalf of a company, organisation (e.g., a team) or other entity, then (i) “you” includes you
and that entity, and (ii) you represent and warrant that you are an authorised representative
of the entity with the authority to bind the entity to this Agreement. By connecting to
GolfWatch through a third-party service (such as Google, Facebook or other social media
sites), you give us permission to access and use your information from that service as
permited by that service and to store your login information for that service.
Account Information and Management.
a. Information Provided at Account Setup. You are required to provide and maintain the
following current, complete and accurate personal information, which may include, but is not
limited to: an email address and password (“Login Data”), your name, date of birth and, in
some cases, payment information (together with the Login Data, your “Account Data”). You
may not use a false identity or false information or create an Account in the name of anyone
other than yourself. You may not share your account or login information, allow others to
access your account, or otherwise compromise the security of your account. If you learn of
or suspect a breach of security of your account, including but not limited to loss, theti or
unauthorised disclosure of login information, you must notify us immediately and change
your login information. You are solely responsible for all uses of the Account Information. You
are responsible for any use of your credit card or other payment instrument (e.g. PayPal) by
anyone using your account. You agree that we will not be liable for any loss caused by any
unauthorised use of your account. We reserve the right to remove or reclaim usernames at
any time and for any reason (for example, based on a third party’s claim that a username
infringes the third party’s rights). We cannot guarantee that unauthorised third parties will
not be able to circumvent our security measures or use your personal information for
unauthorised purposes. You acknowledge that you provide your personal information
(including account information) at your own risk
b. Account Information and Privacy. Account information is collected and used in accordance
with our Privacy Policy. By using the Services, you consent to the collection, use and
disclosure of your Account Information and Aggregate Data in accordance with our Privacy
Policy, including your consent to receive notifications and emails from us. To the extent that
you disclose any data collected or stored by the Services to third parties, you represent and
warrant that you have all necessary consents to collect and disclose such data to such third
Licence and Account Restrictions and Prohibitions.
You agree that you will not do any of the following with respect to the Service, the Site or the
a. Use the Service for advertising, solicitation, non-personal or commercial purposes,
including spam, chain leters, junk e-mail, unsolicited e-mail or repetitive messages;
b. Commit any act contrary to the spirit or intent of this Agreement or the Service, including
but not limited to
Service, including but not limited to circumventing or tampering with this Agreement;
c. Use your account or the Service in connection with the support or promotion of any
violations of any law or regulation;
d. Alter or cause to be altered any files or content used on the Service;
e. Remove, circumvent, disable, damage or disable any security-related features of the
website or application,
disable, damage or otherwise interfere with any security-related feature of the Website or
f. Use any computer or server used to provide or support the Service (each, a “Server”); or
(each a “Server”), interfere with, overload, or aid or assist in the interference or overload;
g. Launch, assist or participate in any atack, including but not limited to the
limited to spreading a virus or similar atacks against the Website or the Application;
h. Atempting to gain unauthorised access to the Service, the accounts of others other than
through the Website or the Application.
access to the Service, other users’ accounts, servers or networks connected to the Service
other than through the Website or the Application, including atempting (or assisting in an
atempt) to circumvent or modify any security system, technology, device or sotiware that is
part of the Service;
i. Publish, disseminate or make available any materials or information on the Service which
available through the Service that violates the intellectual property rights, rights of privacy,
rights of publicity or other rights of any person or entity, or that is abusive, threatening,
obscene, harassing, degrading, defamatory, libelous, racially, sexually or religiously offensive,
or that contains nudity, excessive violence or objectionable content;
j. harass, abuse, harm or advocate or incite harassment,
abuse or harm another person or group of persons, including our employees or customer
service representatives;
k. Transmiting materials that promote malware, spyware or downloadable items;
l. Interfering or atempting to interfere with the proper working of the Service; l.
interfere with it;
m. Intercept, examine or observe proprietary communication protocols used by a User, a
Server or the Service, whether with a network analyser, packet sniffer or other device;
n. Circumventing bot exclusion measures (captchas) or other measures we take to restrict
access to the Service, or using sotiware, technology or devices to send content or messages,
scrape or crawl the Service, or collect or manipulate data;
o. Use, facilitate, establish or maintain an unauthorised connection to the Service, including
but not limited to (1) any connection to an unauthorised server that emulates or atempts to
emulate any part of the Service, or (2) any connection using programs, tools or sotiware not
expressly authorised in writing by us;
p. Reproduce, distribute, modify, create derivative works from, reverse engineer, decompile,
disassemble or otherwise atempt to view, publicly display, publicly perform, republish,
download, store or transmit the source code of the Application or any material contained
thereon or on the Site;
q. Solicit or atempt to solicit personal information from other users, or collect or disclose
private information from other users (whether in text, image or video form), identification
documents or financial information;
r. Upload or transmit (or atempt to upload or transmit) any material that acts as a passive or
active data collection or s. transmission mechanism, including but not limited to Clear
Graphics Interchange Formats (“Gifs”), pixels, web bugs, cookies or other similar devices
(sometimes referred to as “spyware”, “passive collection mechanisms” or “PCMs”) without
our express writen permission;
s. Using robots, spiders or other automated devices, processes or means to access the
Website or Application for any purpose, including monitoring or copying material on the
Website or Application;
t. Impersonating anyone else, including us or any employee, commiting fraud or atempting
to conceal your identity;
u. Rent, lease, sell, exchange, give away, bequeath, license, sublicense, distribute, time-share
or otherwise transfer your account, account information or any use of the Application
without our prior writen consent (any atempt to do so is void);
v. Reproduce, distribute or publicly display any Content that you access through the Service
that is not clearly marked as “public” or use any Content other than in accordance with any
applicable restrictions or other instructions;
w. remove, disable or delete any copyright or other proprietary notices on the Site or the
5. suspension and termination of account and service.
a. Non-Compliance. Without limiting our other rights or remedies, we may restrict, suspend,
terminate, modify or delete accounts or access to the Service, or any portion thereof, with or
without notice to you, if you fail to comply with this Agreement or we suspect that you are
actually or allegedly using the Service illegally, immorally or improperly, are at risk of
potential legal liability, or are infringing our intellectual property rights or the rights of
others. In such cases, you may lose your access to the Service, your username, and any
benefits, privileges, earned and purchased items associated with your account or use of the
Service, and we will have no obligation to compensate you for any such losses or
b. Right to Terminate the Service. We reserve the right to discontinue offering and/or
supporting the Service or any portion of the Service at any time, at which time your license
to use the Service or any portion thereof will automatically terminate. In such event, we will
have no obligation to provide refunds, benefits or other compensation to users in connection
with such discontinued Service.
c. Account Termination/Deletion of Account Information. Termination of your account
(whether by you or us) may include suspension of your access to the Service, the Website
and the Application. Upon termination of your account, or upon your writen request if your
account has not yet been terminated, we will delete or destroy your account information in
accordance with our Privacy Policy. We will not be liable to you or anyone else for the
timeliness of such deletion or destruction, provided reasonable efforts are made to complete
the deletion or destruction. To the extent that data or information about you does not
constitute account information, it may not be possible to delete or destroy such data, and in
such cases, such data will be “anonymised” so that the historical information, content, logs
and related information is not personally identifiable. You hereby acknowledge and agree
that once account information has been deleted or destroyed, it cannot be retrieved and
that you will be required to provide the account information again upon re-registration.
Further, you acknowledge and agree that we have no control over account information or
content that you have shared, posted or made available to others and that we are unable to
delete it from the sources in which it was shared.
II. User Data.
The Website and the Application do not currently support the uploading, posting or sharing
of any data or content by the User from their account or through use of the Service. To the
extent such functionality becomes available, this Agreement will be updated and revised,
and you will be asked to agree to it in the revised form at that time. However, the Site and
Application collect certain data and information about you when you use the Service, such as
behavioural or demographic atributes, transactional data, past purchasing behaviour, data
from marketing opt-in lists, consumer surveys or publicly available information, unique
identifiers such as. cookies placed on a computer or device, information derived from
Internet Protocol (“IP”) address and mobile devices, such as GPS and location services, and
information derived from camera phones and video logs, content areas accessed, search
histories and activity logs (collectively, “User Data”). For more information about what User
Data we collect, how we collect such User Data, and how we use User Data, please see the
Privacy Policy . Except as expressly provided herein, you hereby grant us a perpetual,
irrevocable, worldwide, fully paid-up, royalty-free, non-exclusive, sublicensable, assignable,
perpetual license and right to copy, reproduce, repair, adapt, modify, improve, translate,
reformat, create derivative works, manufacture, market, publish, distribute, sell, license,
sublicense, transfer, rent, lease, transmit, publicly display, perform, make available,
broadcast, display, enter into computer memory and use and exploit your User Data and any
modified or derivative works thereof and your name, voice and/or likeness as contained in
your User Data, in any form, media or technology, whether now known or hereatier
developed, but in all respects subject to and in accordance with the Privacy Policy. To the
extent permited by applicable law, you hereby waive any moral rights or rights of publicity
or privacy that you may have with respect to User Data.
Content Review.
a. Consent to Monitoring. We assume no responsibility for monitoring the Service for
inappropriate content or conduct. We do not pre-screen or monitor User Data or User
Content, but we reserve the right to do so at our discretion, including but not limited to
recording your interaction with the Service or your communications. You hereby give your
irrevocable consent to such monitoring and recording. You acknowledge and agree that you
have no expectation of privacy in the transmission of any User Data or Content.
b. Options with respect to User Content. We may refuse to post, refuse to post, remove or
delete any content for any reason. We reserve the right to disclose your identity or other
information about you to third parties who claim that your use of the Service violates their
rights, including their intellectual property or privacy rights. We also reserve the right, in our
sole discretion, to limit your use of the Service based on available or allocated storage
c. Cooperation with Law Enforcement Agencies. We have the right to cooperate fully with
any law enforcement agency, subpoena, administrative proceeding, regulatory agency
request, court order or other legal process (collectively, “Process”) requesting or directing us
to disclose any account information, User Data and the identity or other information of any
person using the Service. We reserve the right to take all appropriate legal action, including
referral to law enforcement authorities, if we believe that any violation of this Agreement or
conduct may be illegal or subject to such proceedings. You acknowledge and agree that we
have these rights, that you have no expectation of privacy with respect to these rights, and
that you waive and release us from any claims against us arising from any action taken by us
in the exercise of these rights.
d. Exposure to Other Users’ Content. You acknowledge and agree that you may be exposed
to User Content that is inaccurate, offensive, inappropriate for children or unsuitable for your
purposes, or that you find offensive or with which you disagree, and you agree that we will
not be liable for any damages you claim to have suffered as a result. You understand that
other users are solely responsible for their data practices and the use or distribution of their
content. All statements and/or opinions, information and content provided by other users
are solely the content of the other users and are not provided by us or our affiliates and are
the sole responsibility of the other users posting such content. We do not endorse or express
any opinion on the content of other users.
GolfWatch Content.
The Service and all materials contained therein or transmited thereby, including but not
limited to the Site, the Application and all of its components, parts, content, features,
functionality, sotiware, images, text, advertisements, techniques, technologies, data,
pictures, graphics, illustrations, logos, patents, trademarks, service marks, copyrights,
photographs, audio, videos and music (collectively, the “GolfWatch Content”), and all related
intellectual property rights are the exclusive property (and constitute intellectual property
rights) of Exercitor GmbH and its licensors (including other users who post User Content to
the Service). Except as expressly provided in this Agreement, nothing in this Agreement shall
be construed to create a license in or under any such intellectual property rights, and you
agree not to claim any interest or right in or sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create
derivative works from any GolfWatch Content. Use of the GolfWatch Content for any purpose
not expressly permited in this Agreement is strictly prohibited. As used in this Agreement,
“Intellectual Property Rights” means all patent rights, copyrights, mask work rights, moral
rights, publicity rights, trademarks, trade dress and service mark rights, goodwill, trade secret
rights and other intellectual property rights as they now exist or may hereatier arise, and all
applications therefor and registrations, renewals and extensions thereof, under the laws of
any state, country, territory or other jurisdiction.
User Interactions.
You are solely responsible for your interactions with other Users. If you have a dispute with
other users, you release us (and our officers, directors, agents, affiliates, joint ventures and
employees) from claims, demands and damages of every kind and nature, known and
unknown, arising out of or in any way connected with such disputes. If you are a California
resident, you waive California Civil Code §1542, which states, “A general release does not
extend to claims which the creditor does not know or suspect to exist in its favor at the time
the release is executed and which, if known to it, would have materially affected its
setlement with the debtor.”
III. charges and conditions of purchase.
Certain aspects of the Service may be provided for a fee. If you choose to use any fee-based
aspects of the Service, such use is subject to this Agreement and the specific terms and
conditions contained in and to which you agree (including by making appropriate payments)
in any Order Form, Statement of Work or similar (if applicable). You agree to pay all fees and
applicable taxes, if any, incurred by you or other users of your account. We reserve the right
to charge fees in the future for portions of the Service that were previously offered without a
fee and to offer premium services that may incur additional fees. We may change the prices
of the goods and services at any time. You acknowledge that we are not obligated to issue a
refund for any reason and that you are not entitled to receive any money or other
compensation for unused products and services if an account is closed, regardless of the
reason for which the account was closed.
IV. Mobile Sotiware/Application.
The Application makes the Service available through a mobile device in addition to the
Website. You must have a compatible mobile device to use the Application. We make no
warranty or representation as to the compatibility of your device. As stated in Section 1 of
this Agreement, we have granted you a non-exclusive, non-transferable, revocable license to
use a compiled code copy of the Application for one account on one mobile device for your
personal use. We retain all title, right, title and interest in and to the Application (and any
copy of the Application), except for the specific licenses granted hereby. We may from timeto-time issue updated versions of the Application and automatically electronically upgrade
the Application on your mobile device. You consent to such automatic upgrades on your
mobile device and agree that the terms of this Agreement apply to all such upgrades. Any
third-party code that may be incorporated into the Application is subject to the applicable
open source or third-party license (EULA) that permits the use of such code (if any).
V. Third Party Advertising.
Third Party Advertising.
You acknowledge that the Service may contain advertisements from us or from third parties.
Our disclosure of information for third party advertising is addressed in and subject to our
Privacy Policy.
Links to Third Party Sites and Transactions with Advertisers.
We may provide links on the Service to third party websites or vendors that may invite you to
participate in a promotional offer in exchange for a benefit. Any costs or obligations you incur
in your dealings with these third parties are your responsibility. We make no representations
or warranties in relation to any content, goods and/or services provided by third parties,
even if linked to our Service, and will not be liable for any claims relating to third party
content, goods and/or services. We do not endorse or accept any responsibility for such
third-party sites, information, materials, products or services. The linked sites are not under
our control and may collect data or solicit personal information from you. We are not
responsible for their content, business practices or privacy policies, or for the collection, use
or disclosure of information that these sites may collect. Without limiting the generality of
the foregoing, we are not responsible for the completeness or accuracy of information
hosted or provided by third party websites or for the deletion of such information. If you
access any third-party website or content through the Service, you do so at your own risk
and you understand that this Agreement and our Privacy Policy do not apply to your use of
such websites or services. You expressly release us from any liability arising from your use of
any third-party website, service or content. You agree that we are not responsible for any
damage, loss or harm of any kind resulting from your dealings with such third parties. Where
we use third party sotiware or strategic arrangements to provide services or content to you
as part of our service, we reserve the right to share certain information about you (including
account information) for certain purposes, in accordance with and as set out in our Privacy
Policy. You also acknowledge that if we delete or destroy your account information, we have
no control over what third parties who have had access to your information do with that

VI. Dealing with Copyright Infringe

ment.Our policy for responding to notices of alleged copyright infringement, comply with the UrhF.
We reserve the right to terminate a user’s access to the Service without notice if we
determine that the user is a repeat infringer of copyright. In addition, we do not interfere
with standard technical measures used by copyright owners to protect their materials.
VII. Updates to the Service and Application.

You understand that the Service is subject to frequent changes. We may require that you
accept updates to the Service or Application in order to continue to use the Service or
Application. The Service may not be fully functional if you are using a version of the
Application other than the most recent version, and you agree to stop using an older version
of the Application upon our request.

VIII. Disclaimer; Limitations; Waiver of Liability; Indemnification.

The Service is provided “as is”. To the extent permited by applicable law, the Service is
provided “as is” and “as available”. Use of the Service is at your own risk and is provided “as
is” without warranties or representations of any kind, express or implied, including, but not
limited to, implied warranties of merchantability, fitness for a particular purpose or noninfringement. No advice or information, whether oral or writen, obtained from us, from
User Content or through the Service shall create any warranty or representation not
expressly stated herein. Without limiting the foregoing, we do not warrant or represent that
the Content will be accurate, reliable or correct, that the Service will meet your
requirements, that the Service will be available at any particular time or location,
uninterrupted, error-free, reliable or secure, that any defects or errors will be corrected, or
that the Service is free of viruses or other harmful components. You download or otherwise
obtain Content through the use of the Service at your own risk, and you are solely
responsible for any damage to your computer system or mobile device or loss of data that
results from such download or your use of the Service. The foregoing is without prejudice to
any warranties that may not be excluded or limited under applicable law.
Limitations; Waiver of Liability.

a. Waiver of Liability for Indirect Damages. You acknowledge and agree that the disclaimers
contained herein apply to the fullest extent permited by law to any damage or injury caused
by or related to the use of or inability to use the Service, regardless of jurisdiction, including,
without limitation, actions for breach of warranty, breach of contract, strict liability or tort
(including negligence). Under no circumstances will we be liable to them for more than the
amount they have paid to us in the one hundred and eighty (180) calendar days immediately
preceding the date on which they first make such a claim or, if they do not, their sole and
exclusive remedy for any dispute with us is to cease using the Service and terminate their
account. To the fullest extent permited by applicable law, neither we nor any of our
affiliates, agents, directors, employees, suppliers or licensors shall be liable for any indirect,
punitive, incidental, special, consequential or exemplary damages, including, without
limitation, damages for loss of profits, goodwill, use, data or other intangible losses.

b. Exclusion of Liability for Third Party Conduct. You further expressly acknowledge that we
are not liable for the conduct of third parties, including other users and operators of external
sites, and that the risk of injury resulting from use of the Service or external sites rests
entirely with them, and that they agree not to hold us liable. Under no circumstances will we
be responsible for any damage, loss or injury resulting from hacking, tampering or other
unauthorized access or use of the Service or their account or the information contained

c. Limitation of Liability. To the fullest extent permited by law, we assume no liability or
responsibility for (i) any errors, mistakes or inaccuracies in the Content; (ii) any personal
injury or property damage of any kind resulting from access to or use of our Service; (iii) any
unauthorized access to or use of our secure servers and/or any personal information stored
therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs,
viruses, Trojan horses or the like transmited to or through our Service by any third party; (vi)
any errors or omissions in any Content or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmited or otherwise made available
through the Service.

d. Jurisdiction Location. The Service is controlled and operated by entities in the Federal
Republic of Germany. We make no representations that the Service is appropriate or
available for use in other locations. Those who access or use the Service from other
jurisdictions do so at their own volition and are fully responsible for compliance with all
applicable German and local laws and regulations, including but not limited to export and
import regulations. You may not use the Service if you are a resident of any country to which
the Federal Republic of Germany has embargoed goods or if you are a foreign person or
entity that is blocked or refused entry by the government of the Federal Republic of
Germany. Unless expressly stated otherwise, all content on the Service is directed exclusively
at individuals, companies or other entities based in the Federal Republic of Germany. The
Application originates in and is subject to the export laws and regulations of the Federal
Republic of Germany and may also be subject to the import and export laws of other
countries. You agree to comply with all German and foreign laws relating to the use of the
Application and the Service.

e. Indemnification. You agree to defend, indemnify, protect and hold us harmless from and
against any and all claims, losses, damages, liabilities, including atorneys’ fees and costs,
arising out of your use or misuse of the Service, any breach of this Agreement, the
representations, warranties and covenants made by you herein, or any applicable laws, rules
or regulations, from your User Data or any User Data submited through your account, or
from any access to and use of the Service with or through your login credentials. We reserve
the right, at your expense, to assume the exclusive defense and control of any mater for
which you are required to indemnify us, and you agree to cooperate with us in the defense of
any such claim. We will use reasonable efforts to notify you of any such claim, action or
proceeding as soon as we become aware of it. You agree that the provisions in this paragraph
shall survive any termination of your account or the Service.

f. Choice of Law. Any dispute arising out of or in any way connected with this Agreement, the
Site, the Application or the Service, whether based in contract, tort, strict liability or
otherwise (a “Dispute”), shall be governed by the laws of the Federal Republic of Germany,
without giving effect to any principles of conflicts of laws that would require or permit the
application of the laws of any state other than the Federal Republic of Germany.
IX. Dispute Resolution.


General. You and we agree that we will resolve all Disputes through arbitration as set forth
below. The arbitrator will have the authority to decide any challenge to its own jurisdiction or
to the validity or enforceability of any part of this arbitration agreement. Before resorting to
these alternatives, we strongly recommend that you first contact us directly for resolution by
contacting Customer Support. We will consider reasonable requests to resolve disputes
through alternative dispute resolution processes, such as mediation or arbitration, as
alternatives to litigation. You and we agree to seek resolution of the dispute only through
arbitration in accordance with the provisions of this Section IX. and not to litigate disputes in
court. If you or we file a claim in a court other than the arbitration court, the party filing such
a claim will cause it to be dismissed immediately. Arbitration means that the dispute will be
decided by a neutral arbitrator and not by a judge in court. You have the right to withdraw
from this arbitration agreement by notifying us in writing of your intention to do so within 60
days of signing the agreement.

Class Action Waiver. The parties agree to arbitrate solely on an individual basis and that this
Agreement does not authorize arbitration on behalf of a class, nor does it authorize suit as a
plaintiff or class member in arbitration on behalf of a class or representative class. The
arbitral tribunal shall not consolidate the claims of more than one person and shall not
otherwise conduct representative or class proceedings.

Initiation of arbitration; selection of arbitrator. The party initiating the arbitration may initiate
it at the European Commission’s Online Dispute Resolution Platiorm
(htps://ec.europa.eu/consumers/odr/). The provisions of this Section IX. shall apply in the
event that they conflict with the rules of the arbitration organization chosen by the parties.
Arbitration. Since the Service concerns interstate commerce, European law governs the
arbitrability of all disputes. However, applicable federal or state law may also apply to the
substance of disputes. The proceedings take place before a sole arbitrator selected by the
parties. However, if the parties cannot agree on an arbitrator, a sole arbitrator shall be
selected by the arbitral organization providing the arbitrator. The arbitrator shall make his
award in writing but need not state the reasons for the award unless a party so requests.
Such award shall be binding and final and may be filed in any court having jurisdiction over
the parties for the purpose of enforcement. All proceedings in the arbitration and all
materials, evidence and other information disclosed or used in the arbitration shall be kept
strictly confidential. The fees of the arbitrator shall be borne equally by the parties. The
arbitrator’s rules of evidence shall govern any issues or questions relating to evidence in the
arbitration. You and we agree to limit discovery in any such arbitration to a level and scope
consistent with the nature of the case and the value of the claims in dispute.

Place of Arbitration. You or we may commence the arbitration either in Berlin, Germany or in
the district in which you reside. If you choose the district of your residence, you agree that
we may move the arbitration to Berlin, Germany, but we will bear any additional fees or costs
directly atributable to such change of venue as determined by the arbitrator.

Waiver of Court Proceedings. You agree that by entering into this Agreement, you and we
each waive the right to proceed in any court.

X. General Provisions.

Updates to this Agreement and Privacy Policy. We reserve the right, in our sole and absolute
discretion, to change, modify, add or remove portions of this Agreement and our Privacy
Policy at any time by posting the modified Agreement or Privacy Policy on the Site and in the
Application. You may also receive additional notice of changes, such as an email message or a
notice within the Service. Unless required by applicable law or regulation, you will be
deemed to have accepted such changes by your continued use of the Service, and any
changed terms will automatically apply when they are first posted. We may also revise other
policies, codes or rules at any time, and the new versions will be available on the Website
and the Application. Any change to this Agreement or the Privacy Policy will not apply to any
dispute of which we had actual knowledge prior to the date of the change. If at any time you
do not agree with any part of the then-current version of this Agreement, the Privacy Policy
or any other of our policies, rules or codes of conduct, we reserve the right to terminate your
license to use the Service. Your continued use of the Service following any such change will
constitute your acceptance of the new Agreement. If you do not agree to this Agreement or
any future agreement, you may not use or access (or continue to access) the Service. To the
extent that this Agreement or the Privacy Policy conflicts with any other of our terms,
policies, rules or codes of conduct, this Agreement and the Privacy Policy will govern.
Severability. You and we agree that if any part of this Agreement or the Privacy Policy is
found to be invalid or unenforceable, in whole or in part, by any court of competent
jurisdiction, such part shall be ineffective with respect to such jurisdiction only to the extent
of such finding of invalidity or unenforceability, without affecting the validity or enforceability
in any other manner or jurisdiction and without affecting the remaining provisions of this
Agreement, which shall continue in full force and effect.

Assignment. We may assign or delegate this Agreement and/or the Privacy Policy, in whole or
in part, to any person or entity at any time without your consent. You may not assign or
delegate any rights or obligations under this Agreement or the Privacy Policy without our
prior writen consent, and any unauthorized assignment or delegation by you will be void.
Supplemental Policies. We may post additional policies with respect to certain services, such
as forums, contests, or loyalty programs. Your right to use such services is subject to those
specific guidelines and this Agreement.

Entire Agreement. This Agreement, the Privacy Policy and any other documents expressly
incorporated herein by reference contain the entire agreement of the parties and supersede
any prior agreements of the parties with respect to the subject mater hereof, whether
electronic, oral or writen, or whether established by custom, practice, policy or previously.
No Waiver of Rights. Our failure to require or enforce strict performance by you of any
provision of this Agreement or the Privacy Policy, or our failure to exercise any right under
such provisions, shall not be construed as a waiver or relinquishment of our right to enforce
or rely on such provision or right in this or any other case. Our express waiver of any term,
condition or requirement of this Agreement or the Privacy Policy shall not constitute a waiver
of any future obligation to comply with such term, condition, or requirement. Except as
expressly and specifically set forth in this Agreement, no representation, statement, consent,
waiver or other act or omission by us will be deemed to modify this Agreement and will not
be legally binding unless documented in writing and hand-signed by you and a duly
appointed representative of ours.

Notices. We may provide notice to you by posting notices on the Site or in the Application
and by email or other means of communication using the contact information you have
provided to us. All notices given by you under and justified by this Agreement or the Privacy
Policy must be in writing and addressed to the address set forth in this Section 10.7.

Exercitor Ltd.
Atention: T&C Administrator
Pariser Platz 6 a
10117 Berlin

We may provide notices to you by email, in writing or in print, or by posting such notices on
the Site and the Application, whether such notices are required by law or are for marketing
or other business-related purposes, as we determine in our sole discretion. We reserve the
right to determine the form and means of providing notifications. We are not responsible for
the automatic filtering that you or your network provider apply to email notifications that we
send to the email address that you provide. If we materially change this Agreement, we will
update the date of the last change at the botom of this page.

Remedial Notice. You acknowledge that the rights granted and obligations undertaken under
this Agreement are unique and irreplaceable in nature, the loss of which would irreparably
harm us and which cannot be replaced by monetary damages alone, so that we are entitled
to injunctive or other equitable relief (without the obligation to post a bond or surety or to
prove damages) in the event of a breach or prospective breach by you. You irrevocably waive
any right, injunction, or other equitable relief to enjoin or restrain the operation or use of the
Service or any advertising, content or other materials displayed or issued through or in
connection with the Service.

Force Majeure. We will not be liable for any delay or failure to perform due to causes beyond
our control, including but not limited to failure to perform due to unforeseen circumstances
or causes beyond our control, such as acts of God, war, terrorism, riots, embargoes, acts of
civil or military authorities, fire, floods, accidents, strikes, shortages of transportation
facilities, fuel, power, labour or materials.

Continuance. Sections VIII., IX. and X. shall survive the termination of this Agreement.

If you have any questions about this Agreement, please contact us at support@golfwatch.de
This Agreement was last amended on 27 March 2023.