Terms of Service

Welcome to The 19th. By accessing or using the The 19th mobile application (the “App”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the App. These Terms constitute a legally binding agreement between you and The 19th.

1. Acceptance of Terms

By creating an account, accessing, or using the App in any manner, you represent and warrant that:

• You are at least 17 years of age. During account creation you will be required to confirm your date of birth, and access will be denied if the date of birth you provide indicates you are under 17. If you are between 17 and the age of majority in your jurisdiction, you further represent that you have the permission of a parent or legal guardian to use the App and to enter into any informal financial arrangements you may make with other users outside the App.
• You will comply with these Terms and all applicable local, state, national, and international laws, regulations, and ordinances.
• If you are using the App on behalf of an organization, you have authority to bind that organization to these Terms, and “you” refers to both you individually and that organization.

If you do not meet these requirements or do not agree to these Terms, you must immediately cease all use of the App. The 19th reserves the right to lock or terminate any account found to belong to a user under 17 years of age.

2. Nature of the Service

2.1 Description of Service

The 19th is a golf social application and informational record-keeping utility. The App provides:

• Digital scorecards and real-time score tracking for traditional golf side-games (such as Skins, Wolf, Greenies, Animals, and Liar's Poker).
• Informational settlement calculations that compute non-binding records of amounts owed between players based on game outcomes.
• Social features including friend connections, session invitations, push notifications, and shared game history.
• A Debt Center that displays historical settlement records across sessions for informational reference purposes.

2.2 What the App Is

The 19th is a digital replacement for the pen, paper, calculator, or spreadsheet that golfers have traditionally used to keep score during golf side-games and to calculate who owes whom after a round. The App is a utility and informational tool — a ledger and store of record for events that occur in the physical world.

2.3 What the App Is Not

The 19th is not a gambling, gaming, or wagering platform. The App does not offer, host, operate, facilitate, or enable any gambling, gaming, betting, wagering, or lottery activity of any kind. Specifically:

• The App does not offer any games that can be played through the App. The golf side-games tracked by the App are physical, in-person activities that take place on a golf course between individuals, entirely independent of the App. These games cannot be played through the App.
• The App does not process, hold, transfer, or facilitate any exchange of money, funds, currency, digital currency, credits, tokens, or anything of monetary value between users.
• The App does not accept, collect, hold in escrow, or disburse any wagers, bets, stakes, buy-ins, or funds of any nature.
• The App does not take any rake, commission, fee, percentage, or financial participation in any activity, wager, settlement, or transaction between users.
• The App does not integrate with any bank, payment processor, digital wallet, money transfer service, or financial institution for the purpose of facilitating transactions between users.
• In-App Purchase subscriptions are used exclusively to access enhanced App features (such as additional tracking capabilities and larger session sizes). In-App Purchases are not used in connection with any gaming, wagering, or betting activity.

All dollar amounts displayed within the App are informational data points entered by users for the purpose of calculating non-binding settlement records. The display of dollar amounts within the App does not constitute an offer to gamble, a wager, a financial transaction, or a promise of payment. Users are solely responsible for any financial arrangements they may make with one another outside of and independent from the App.

3. Account Registration and Security

To use the App, you must create an account and provide accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality and security of your account credentials.
• All activity that occurs under your account, whether or not authorized by you.
• Notifying us immediately of any unauthorized access to or use of your account.
• Ensuring that your account information remains accurate and up to date.

You may maintain only one account per person. We reserve the right to suspend, disable, or terminate accounts that violate these Terms, contain inaccurate information, or are used in a manner that is harmful to other users or the integrity of the Service.

4. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose or in violation of any applicable federal, state, local, or international law or regulation.
• Use the App to facilitate, promote, or engage in illegal gambling or any activity that violates the laws of your jurisdiction.
• Harass, threaten, intimidate, stalk, or abuse other users.
• Impersonate another person, misrepresent your identity, or create an account under false pretenses.
• Manipulate, falsify, or tamper with game data, scores, settlement records, or any other information within the App.
• Attempt to access other users' accounts, private data, or any portion of the App that you are not authorized to access.
• Use the App for any commercial purpose, advertising, or solicitation without our prior written consent.
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the App.
• Introduce viruses, malware, or any other harmful or disruptive technology to the App.
• Circumvent, disable, or interfere with any security features or access controls of the App.

5. Score Tracking, Settlement Calculations, and the Debt Center

5.1 Informational Purpose Only

All score tracking, settlement calculations, and Debt Center entries provided by the App are strictly informational, non-binding records. They are mathematical computations based on data entered by users and do not constitute financial advice, a binding obligation to pay, a financial instrument, a promissory note, or an enforceable agreement between any parties.

5.2 No Financial Transactions

The App does not process, facilitate, intermediate, guarantee, or enforce any financial transaction, payment, settlement, or transfer of funds between users. Any financial arrangements between users occur entirely outside of and independent from the App, at the sole discretion and responsibility of the users involved.

5.3 User Responsibility

Users are solely and exclusively responsible for:

• The accuracy of all data they enter into the App, including but not limited to scores, game outcomes, and dollar amounts.
• Any financial arrangements, settlements, payments, or transactions they may choose to enter into with other users outside the App.
• Determining the legality of their own conduct and activities in their respective jurisdictions.
• Complying with all applicable laws and regulations governing their personal activities, including any informal financial arrangements between individuals.

5.4 No Liability for User Activities

The 19th has no involvement in, knowledge of, control over, and accepts no responsibility or liability for any financial transactions, disputes, agreements, wagers, bets, or arrangements between users, whether or not such activities are tracked, referenced, or recorded in the App. The App is a passive record-keeping tool, and the existence of a settlement record or Debt Center entry in the App does not create, evidence, or imply any legally enforceable obligation between users.

6. Subscriptions and Payments

6.1 Subscription Tiers

The App offers free and paid subscription tiers:

• Free Tier: Provides access to core scoring and tracking features with usage limits, including a limited number of sessions per month, a maximum number of players per session, and access to basic game tracking features.
• Games Tier: Unlocks enhanced tracking features, including unlimited sessions, larger session capacities, concurrent game tracking, extended game history, and additional configuration options.

Subscription features and limits may change over time. Current feature availability is displayed within the App.

6.2 Billing and Payment Processing

Subscriptions purchased through the iOS App are processed exclusively through Apple In-App Purchases, governed by Apple's terms and policies. Subscriptions purchased through the Android app are processed through Google Play, governed by Google's terms and policies. The 19th does not directly process, store, or have access to your payment information. All billing inquiries, disputes, and refund requests must be directed to the applicable app store.

6.3 Cancellation

You may cancel your subscription at any time through your device's subscription management settings (Apple App Store or Google Play Store). Cancellation takes effect at the end of your current billing period, and you will continue to have access to paid features until that period expires. The 19th does not process cancellations directly.

6.4 Modifications

We reserve the right to modify subscription pricing, features, or tiers with reasonable notice. Material changes to pricing will not take effect until your next billing cycle. Continued use of the App after such changes constitutes your acceptance of the updated terms.

7. Intellectual Property

The App, including but not limited to its design, code, graphics, logos, trademarks, user interface, content, and all related intellectual property, is owned by The 19th or its licensors and is protected by applicable intellectual property laws, including copyright, trademark, and trade secret law. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.

You retain ownership of any content you create within the App (such as game data and profile information), but you grant The 19th a non-exclusive, worldwide, royalty-free license to use, store, reproduce, and display that content solely as necessary to operate, maintain, and improve the Service.

You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the App or any part thereof without our prior written consent.

8. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to the collection, use, and sharing of your information as described in the Privacy Policy. Please review the Privacy Policy carefully.

9. Disclaimers and Warranty Exclusions

9.1 “As Is” and “As Available”

The App is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, The 19th expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and any warranties arising from course of dealing or usage of trade.

9.2 No Warranty of Accuracy

We do not warrant or guarantee the accuracy, completeness, reliability, or timeliness of any scores, calculations, settlement records, debt ledger entries, or any other data or information displayed within the App. All calculations are based on user-entered data and are provided for informational purposes only.

9.3 No Warranty of Availability

We do not warrant that the App will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We reserve the right to modify, suspend, or discontinue the App or any feature thereof at any time without notice.

9.4 No Legal, Financial, or Tax Advice

Nothing in the App or provided through the Service constitutes legal, financial, tax, or gambling advice. The App is an informational tool only. You should consult qualified professionals regarding any legal, financial, or tax questions related to your activities.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall The 19th, its affiliates, officers, directors, employees, agents, licensors, or service providers be liable for:

• Any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising from or related to your use of or inability to use the App.
• Any disputes, disagreements, claims, losses, or damages arising from wagers, bets, settlements, financial transactions, or any other arrangements or activities between users, whether or not tracked or recorded in the App.
• Any errors, inaccuracies, or omissions in scores, settlement calculations, debt records, or other data within the App.
• Any unauthorized access to, alteration of, or loss of your data, transmissions, or content.
• Any actions, conduct, or content of any third party or other user of the App.
• Service interruptions, system failures, data loss, or security breaches.

In no event shall our total aggregate liability to you for all claims arising from or related to the App or these Terms exceed the greater of (a) the amounts you have paid to The 19th in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the above limitations and exclusions may not apply to you, and our liability shall be limited to the fullest extent permitted by applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless The 19th, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:

• Your use of or access to the App.
• Your violation of these Terms or any applicable law or regulation.
• Any content or data you submit, post, or transmit through the App.
• Any dispute, financial transaction, wager, bet, settlement, or arrangement between you and any other user or third party, whether or not facilitated by, related to, or recorded in the App.
• Any claim that your use of the App infringes or violates the rights of any third party.

12. Termination

12.1 Termination by Us

We may suspend, restrict, or terminate your account and access to the App at our sole discretion, with or without notice, for any reason, including but not limited to: violation of these Terms, conduct harmful to other users or the Service, suspected fraudulent or illegal activity, or extended periods of inactivity.

12.2 Termination by You

You may delete your account at any time through the App's Settings screen or by contacting us at support@the19th.io.

12.3 Effect of Termination

Upon termination, your right to use the App ceases immediately. We may, but are not obligated to, delete your account data following termination. The following sections of these Terms shall survive termination: Sections 2.3 (What the App Is Not), 5 (Score Tracking, Settlement Calculations, and the Debt Center), 7 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 13 (Dispute Resolution), and 14 (Governing Law).

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at support@the19th.io and attempt to resolve the dispute informally for a period of at least thirty (30) days.

13.2 Binding Arbitration

If the dispute is not resolved informally, you and The 19th agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved exclusively through binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator, in the State of Texas, in the English language, and the arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

13.3 Class Action Waiver

You and The 19th agree that each party may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

13.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

14. Governing Law

These Terms and any dispute arising out of or related to these Terms or the App shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles. To the extent that litigation is permitted under these Terms, you consent to the exclusive jurisdiction of the state and federal courts located in the State of Texas.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and The 19th regarding the App and supersede all prior agreements, representations, and understandings.

15.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

15.3 Waiver

The failure of The 19th to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of The 19th.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. The 19th may assign its rights and obligations without restriction.

15.5 Force Majeure

The 19th shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, or third-party service outages.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by email or through a notification in the App at least fourteen (14) days before the changes take effect. Your continued use of the App after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App and delete your account.

17. Contact Us

If you have questions, concerns, or feedback about these Terms of Service, please contact us at support@the19th.io.