Legal Notice & Terms of Service
Terms &
Conditions.
General terms of use, subscription and liability disclaimers for Data2Gain platform and applications.
IMPORTANT NOTICE FOR USERS:
Data2Gain is mathematical, statistical and telemetry software for golf. Use of the platform is voluntary and at your own risk. Data2Gain does NOT guarantee game improvement or handicap reduction, assumes NO liability for shots, tactical decisions, wagers or physical injuries, and limits its maximum liability to the amount actually paid in the last 12 months or €50.00, whichever is lower (or €0 for free or coach plans).
1. Service Operator Identification & Purpose
These Terms and Conditions of Use (the "Terms") govern on a legally binding basis the access, download, installation, browsing, subscription and use of the official website (data2gain.com), web application (app.data2gain.com), native mobile applications for iOS and Android, and any tool, algorithm or service provided under the brand name Data2Gain ("Data2Gain" or the "Provider").
For any notification, legal inquiry or communication concerning these Terms, users may contact: info@data2gain.com.
2. Full and Unconditional Acceptance
Accessing, browsing, creating a user account, submitting scorecards or continuing to use any feature confers User status and implies full, express and unreserved acceptance of all these Terms and the associated Privacy Policy.
If the user does not agree with any provision, they must immediately cease accessing or using the platform, cancel their account and uninstall any linked application.
3. Nature of the Software: Purely Analytical and Educational Tool
Data2Gain is mathematical computing software that processes user-submitted information to generate retrospective analytics, visual shot dispersion telemetry, Strokes Gained models, club carry distance estimates and AI-assisted suggestions.
The service is provided strictly for analytical, recreational and athletic training support purposes. Data2Gain does not provide certified professional coaching, medical or financial advice.
4. Express Disclaimer of Sporting Results and Handicap Guarantees
SPORTING DISCLAIMER: Golf performance depends on multiple physical, technical, weather, psychological, course and random variables. Data2Gain does NOT guarantee, ensure or promise in any case a reduction, improvement or modification of handicap, tournament scoring, specific scorecard numbers or sporting objectives.
No telemetry metric, conceptual simulation, Strokes Gained benchmark or practice drill prescribed by the system or AI agent constitutes a promise or guarantee of sporting success.
5. Disclaimer on On-Course Decisions, Tournament Rules, and Wagers
On-course autonomy: Club selection, shot line, landing target and tactical risk assessment are the free, sovereign and exclusive responsibility of the golfer or coach. Data2Gain disclaims all liability for mis-hits, penalties, lost balls, equipment damage or unsatisfactory rounds.
Rules of Golf (R&A and USGA): It is the user's sole responsibility to verify whether the use of mobile devices, telemetry software or assistance features is permitted during official competitions under R&A and USGA Rules of Golf and local tournament committee rules. Data2Gain assumes no liability for disqualifications, penalty strokes or arbitral sanctions.
Wagers and financial disputes: Using Data2Gain for illegal betting or gambling is strictly prohibited. Data2Gain assumes no responsibility for financial losses, lost private bets, missed prize money or monetary disputes between players.
6. Disclaimer Regarding Physical Health, Fitness, and Injuries
Golf and biomechanical repetition require physical effort. Practice routines, plans or drills suggested by the platform or AI assistant are for informational purposes only.
The user is solely responsible for assessing their physical fitness. Data2Gain is fully exonerated from any liability for muscular discomfort, joint injuries, back pain, accidents with clubs or balls, or any physical injury resulting from playing golf or executing described drills.
7. Input Data Accuracy, Course Mapping, and GPS Telemetry
User-entered data: The accuracy of reports and calculations depends entirely on the precision of data entered by users. Data2Gain neither verifies nor assumes liability for inconsistencies, typing mistakes or misreported distances.
Course mapping and GPS: Satellite imagery, hole layouts and pin distances rely on third-party map providers and the user device GPS hardware. Golf courses may alter tee markers, greens and hazards without notice. Data2Gain does not guarantee millimeter precision or real-time infallibility of displayed coordinates.
8. Use of Artificial Intelligence Agent (Caddie Agent)
The Data2Gain smart agent module analyzes playing patterns using computational language and predictive analytics models. The user accepts that AI models may produce inaccurate interpretations or non-optimal recommendations.
AI suggestions must always be evaluated according to the user's or certified instructor's professional judgment. Data2Gain assumes no responsibility for technical or strategic decisions made based on AI assistant responses.
9. Intellectual Property: Full Protection for Data2Gain
All intellectual and industrial property rights in the platform, source code, mathematical algorithms, Strokes Gained formulas, databases, trademarks ("Data2Gain", "D2G"), designs, logos and graphical interfaces belong exclusively to Data2Gain or its licensors.
Users are granted a personal, non-exclusive, non-transferable, revocable and non-sublicensable license to use the app.
STRICT PROHIBITIONS: It is strictly forbidden to decompile, reverse engineer, disassemble, copy, clone, resell, rent, sublicense, scrape, data-mine, or create derivative works based on Data2Gain software, screens, or algorithms. Violations will trigger appropriate civil and criminal legal actions.
10. Worldwide License on Game Data and Anonymized Telemetry
Users retain ownership of their personal identifying data under applicable data protection laws (GDPR).
However, by registering rounds, shots, distances and telemetry on the platform, the user grants Data2Gain a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, transferable and sublicensable license to collect, anonymize, process, aggregate and statistically exploit such game data to train AI models, calculate aggregate benchmarks, refine algorithms and develop new features.
11. Subscriptions, Billing, and No-Refund Policy
Data2Gain PRO subscription for players: Billed periodically in advance (reference price: €8.95/month, or the price active upon checkout). Renews automatically indefinitely unless cancelled prior to the renewal date via account settings or official app stores (Apple App Store or Google Play Store).
Waiver of withdrawal and no refunds: Because digital service delivery begins immediately upon payment, the user expressly consents to service commencement and acknowledges waiver of withdrawal rights; no refunds, returns or prorated credits apply for elapsed monthly periods or unused fractions, unless required by mandatory law.
Free coach plan: Zero-cost access (€0) for golf instructors and academies is offered on a promotional basis. Data2Gain expressly reserves the right to modify, restrict or discontinue this plan in the future upon at least 30 days' prior notice.
12. Service Availability "As Is" and Maintenance
The platform and applications are provided strictly "AS IS" and "AS AVAILABLE", without warranties of uninterrupted operation, absence of downtime, bugs or device incompatibility.
Data2Gain reserves the power to update, modify, restrict or temporarily suspend access for maintenance or technical security reasons without generating any right to compensation.
13. Maximum Financial Liability Cap for Data2Gain
MAXIMUM LIABILITY CEILING: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DATA2GAIN SHALL NOT BE LIABLE FOR INDIRECT, PUNITIVE, CONSEQUENTIAL, LOSS OF PROFIT, MISSED OPPORTUNITIES, REPUTATIONAL DAMAGE OR LOSS OF DATA.
DATA2GAIN'S TOTAL AGGREGATE LIABILITY TO THE USER FOR ANY CLAIM OR DAMAGE ARISING OUT OF OR RELATING TO THE PLATFORM SHALL BE STRICTLY LIMITED TO THE AMOUNT ACTUALLY PAID BY THE USER TO DATA2GAIN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY EUROS (€50.00), WHICHEVER IS LOWER. FOR FREE USERS AND COACHES WITHOUT SUBSCRIPTION FEES, MAXIMUM LIABILITY IS FIXED AT ZERO EUROS (€0.00).
14. User Indemnification Obligation
The user agrees to indemnify, defend, and hold harmless Data2Gain, its managers, partners and personnel against any claims, sanctions, damages, losses and costs (including reasonable attorney fees and legal costs) arising from misuse of the platform, breach of these Terms, third-party rights violations or non-compliance with sporting or legal regulations.
15. Unilateral Account Suspension and Termination
Data2Gain reserves the right to suspend, block or cancel the account and platform access of any user immediately without prior notice or refund if it detects evidence of fraud, abusive usage, automated scraping, reverse engineering or material breach of these Terms.
16. Terms Modifications and Severability
Data2Gain may modify and update these Terms at any time. Updates will be permanently published at this official URL. Continued use following publication constitutes binding acceptance.
If any provision is declared null, invalid or unenforceable by competent authority, the remaining stipulations shall retain full validity and binding effect.
17. Governing Law and Jurisdiction
These Terms are governed and construed in accordance with the laws of the Kingdom of Spain.
For the resolution of any disputes or claims arising in connection with the platform, the parties expressly submit to the exclusive jurisdiction of the Courts and Tribunals of the city of Madrid, Spain, waiving any other forum, except as provided by mandatory consumer legislation.
18. Legal Contact & Inquiries
For any questions or legal correspondence regarding these Terms, contact: info@data2gain.com.