Welcome to SimBrackets. These Terms of Service (the "Terms") govern your access to and use of the SimBrackets service operated by KW Golf LLC ("we," "us," or "our"). By accessing or using SimBrackets, you ("you" or the "User") agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Service Description
SimBrackets is a hosted, multi-tenant tournament management platform integrated with Discord OAuth, providing bracket management, match scheduling, handicap tracking, and notifications for sim golf communities (the "Service").
2. Eligibility
You must be at least 18 years of age and legally able to enter into a binding contract under the laws of your jurisdiction to use the Service. By creating an account, you represent and warrant that you meet these requirements.
The Service is intended for tournament organizers and participants in established sim golf communities. By creating or joining a tournament, you represent that you have the necessary authority to do so on behalf of yourself and any community you represent.
3. Account Registration
To use most features of the Service, you must create an account. SimBrackets uses Discord OAuth for authentication. By signing in through Discord, you authorize us to access certain information from your Discord account as described in our Privacy Policy.
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us promptly of any unauthorized use of your account or any other breach of security
We reserve the right to refuse service, suspend, or terminate accounts at our discretion, including for violation of these Terms.
4. Subscription Plans, Billing, and Refunds
4.1 Plans
We offer subscription plans at the rates published at simbrackets.com/#pricing. Plans may include monthly or annual billing options. Specific features, limits, and pricing for each plan are described on our pricing page and may be updated as described in Section 4.5.
4.2 Setup Fees
Certain plans require a one-time setup fee for account provisioning. The setup fee is non-refundable once your tenant has been provisioned. If you cancel before provisioning is complete, the setup fee will be refunded in full.
4.3 Auto-Renewal
Subscriptions automatically renew at the end of each billing period (monthly or annually, depending on your plan) unless cancelled before the renewal date. By starting a subscription, you authorize us to charge your designated payment method for each renewal until you cancel.
4.4 Cancellation and Refunds
You may cancel your subscription at any time through your account settings or by emailing [email protected]. Cancellation takes effect at the end of your current billing period, and you will retain access to the Service until that time.
We do not offer refunds for partial billing periods. No refunds will be issued for unused time after cancellation. Setup fees are governed by Section 4.2.
4.5 Price Changes
We may change prices at any time. Price changes for existing subscribers will take effect at the start of the next billing period, and we will provide at least thirty (30) days' notice via email. Continued use of the Service after a price change constitutes acceptance of the new pricing.
4.6 Payment Processing
Payments are processed through third-party payment processors. By providing payment information, you authorize us and our payment processors to process payments in accordance with these Terms. We do not store full payment card information; that data is held by our payment processor in compliance with applicable security standards.
4.7 Failed Payments
If a payment fails, we may suspend or terminate access to the Service. We may retry failed payments at our discretion. You are responsible for keeping your payment information current.
5. Acceptable Use Policy
You agree not to use the Service to:
- Violate any applicable law, regulation, or third-party right
- Engage in harassment, hate speech, or threats against other users
- Distribute malware, viruses, or any malicious code
- Attempt to gain unauthorized access to the Service, other users' accounts, or our infrastructure
- Reverse engineer, decompile, or scrape the Service except as expressly permitted
- Use the Service to send unsolicited communications (spam)
- Impersonate any person or entity
- Submit false or misleading information, including falsified tournament results
- Use the Service in a manner that interferes with its operation or other users' enjoyment
- Use the Service to compete with us or develop a competing product
We reserve the right to investigate and take appropriate action, including suspension or termination, against any user who violates this Section.
6. User Content and Tournament Data
6.1 Ownership
You retain ownership of the data you submit to the Service, including tournament rosters, scores, brackets, settings, and other content (collectively, "User Content").
6.2 License to Operate
You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and distribute User Content solely as necessary to operate and provide the Service to you and other authorized users within your tenant.
6.3 Anonymized and Aggregated Data
You grant us the right to use anonymized and aggregated data derived from User Content for purposes of improving the Service, analyzing usage patterns, and marketing, in a manner that does not identify you, your community, or your participants.
6.4 Export
We will provide reasonable means for you to export your User Content during the term of your subscription and for thirty (30) days after termination. After that period, User Content may be deleted from our active systems as described in our Privacy Policy.
6.5 Removal
We reserve the right, but have no obligation, to remove User Content that violates these Terms or that we determine is harmful to other users or our reputation.
7. Intellectual Property
7.1 Our IP
The Service, including all software, designs, logos, graphics, text, and other materials (excluding User Content), is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.
7.2 Feedback
If you provide us with suggestions, feedback, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use Feedback for any purpose, without compensation.
8. Service Availability and Modifications
8.1 Availability
We use commercially reasonable efforts to maintain Service availability of 99.9% on a monthly basis. However, we do not guarantee uninterrupted service, and the Service may be unavailable due to scheduled maintenance, emergency repairs, third-party outages, or other factors beyond our control.
We do not provide service credits for downtime. Your sole remedy for unsatisfactory uptime is termination of your subscription as described in Section 4.4.
8.2 Modifications
We may modify, add, or remove features of the Service at our discretion. For material changes that significantly reduce functionality, we will provide reasonable advance notice. Continued use of the Service after such changes constitutes acceptance.
8.3 Maintenance Windows
We may perform scheduled maintenance from time to time. We will use reasonable efforts to schedule maintenance during off-peak hours and provide advance notice when possible.
9. Termination
9.1 By You
You may terminate your subscription at any time as described in Section 4.4.
9.2 By Us
We may suspend or terminate your access to the Service at any time, with or without notice, for:
- Breach of these Terms
- Failure to pay fees when due
- Conduct that we determine is harmful to the Service, other users, or third parties
- Legal or regulatory reasons
- Discontinuation of the Service
9.3 Effects of Termination
Upon termination:
- Your right to access and use the Service immediately ends
- We may delete your User Content as described in Section 6.4 and our Privacy Policy
- Provisions that by their nature survive termination (including Sections 6, 7, 10, 11, 12, 13, and 14) will survive
10. Disclaimers
The Service is provided "as is" and "as available," without warranties of any kind, express or implied. To the maximum extent permitted by applicable law, we disclaim all warranties, including without limitation:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components
- Warranties regarding the accuracy, reliability, or completeness of any content or information provided through the Service
You use the Service at your own risk.
11. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will we be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, or goodwill, arising out of or relating to your use of or inability to use the Service, regardless of the theory of liability (contract, tort, or otherwise) and even if we have been advised of the possibility of such damages.
Our total cumulative liability for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amounts paid by you to us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred dollars ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages. The above limitations apply only to the extent permitted by applicable law.
12. Indemnification
You agree to defend, indemnify, and hold harmless KW Golf LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your access to or use of the Service
- Your violation of these Terms
- Your violation of any third-party right, including intellectual property or privacy rights
- Any User Content you submit
13. Dispute Resolution and Arbitration
13.1 Informal Resolution
Before initiating any formal dispute, you agree to contact us at [email protected] and attempt in good faith to resolve the dispute informally for at least thirty (30) days.
13.2 Binding Arbitration
If informal resolution is unsuccessful, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration, except as provided in Section 13.4. Arbitration will be conducted by JAMS (or another mutually agreed provider) under its applicable rules. Arbitration will take place in the State of Washington, or virtually if both parties agree.
13.3 Class Action Waiver
You and we agree that disputes will be resolved on an individual basis and not as a class, collective, or representative action. 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 above, either party may:
- Bring a claim in small claims court for disputes within that court's jurisdiction
- Seek injunctive or other equitable relief in a court of competent jurisdiction for actual or threatened infringement of intellectual property rights
13.5 30-Day Opt-Out
You may opt out of the arbitration provisions in Sections 13.2 and 13.3 by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration.
13.6 Severability
If any portion of this Section 13 is found to be unenforceable, that portion will be severed, and the remainder of the Section will continue in effect.
14. Governing Law
These Terms are governed by the laws of the State of Washington, United States, without regard to its conflict of laws principles. Subject to the dispute resolution provisions in Section 13, any judicial action arising from these Terms will be brought exclusively in the state or federal courts located in Clark County, Washington, and you consent to the personal jurisdiction of those courts.
15. Changes to These Terms
We may update these Terms from time to time. We will notify users of material changes by posting the updated Terms on simbrackets.com with a revised "Last Updated" date and, where reasonable, by email. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.
16.2 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
16.3 No Waiver
Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
16.4 Assignment
You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.
16.5 Notices
We may send notices to you via email to the address associated with your account or by posting on simbrackets.com. You may send notices to us at [email protected].
16.6 Force Majeure
We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, government actions, internet or third-party service outages, or labor disputes.
17. Contact
For questions about these Terms or the Service, contact us at:
KW Golf LLC
Vancouver, Washington, USA
Email: [email protected]