These terms are the agreement between you and Passadas Aleatórias Unipessoal Lda, Calçada da Tapada 85, Portugal, NIPC 519305515 (“Flagstick”, “we”, “us”), for the use of Flagstick at flagstick.live. Contact: mark@flagstick.live.
By creating a society, accepting an invitation, or entering scores, you agree to these terms. Our Privacy Policy explains how we handle personal data and forms part of this agreement.
1. The service
Flagstick is software for running golf competitions: member lists, rounds and tee times, live hole-by-hole scoring, leaderboards, a form board and an Order of Merit. We may improve, change or retire features over time. If we remove something central to a plan you have paid for, we will tell you in advance and, if you want to leave because of it, refund the unused part of your subscription.
2. Who uses it
- An organiser creates a society and becomes its first admin. If you create a society for a club, association or group, you confirm you have authority to accept these terms on its behalf. “You” then means that organisation as well.
- Members are added by a society’s admins, or accept an invitation. Members use Flagstick under these terms and do not pay. The society pays.
- Guests and people using a group scoring link may enter scores without an account. Those parts of these terms that concern conduct apply to them too.
Keep access to your email account secure: Flagstick signs you in by emailed link, so whoever controls your inbox can sign in as you.
3. Plans, free trial and payment
Society plan. €79 per society per year, VAT included, with unlimited members, unless a different price was shown to you when you subscribed.
Free trial. A new society gets a 30-day free trial. We take a payment card when the trial starts so the society can carry on without interruption. Nothing is charged during the trial. We email you before the trial ends. Unless you cancel before the end of the trial, the first annual payment is taken on the day it ends. One free trial per society.
Renewal. The subscription renews automatically each year at the then-current price, charged to the card on file. We will remind you by email before each renewal.
Cancelling. You can cancel at any time from the Billing page. Cancelling stops the next renewal. The society keeps full access until the end of the period already paid for.
Price changes. We will give at least 30 days’ notice by email of any price change. It applies from your next renewal, and you can cancel before then.
If payment fails or the subscription ends, admin tools become read-only. Your results, standings and member list stay visible to your members. We do not delete a society’s data because a payment stopped. See our Privacy Policy for how long data is kept after a subscription ends.
Club plan and other arrangements. Clubs running competitions are offered a separately agreed plan. Where you have a signed order or written agreement with us, it takes precedence over these terms where the two differ.
Taxes and invoices. Payments are processed by Stripe. Invoices are available from the Billing page. If you need an invoice with your company’s VAT number, ask us.
4. Right of withdrawal and refunds
If you subscribe as a consumer, you have a legal right to withdraw from the contract within 14 days of subscribing, without giving a reason (Decree-Law 24/2014). Because the free trial lasts longer than 14 days and nothing is charged during it, cancelling during the trial already exercises this right at no cost. You can also tell us by email that you withdraw.
Separately, and as a goodwill policy for everyone: if you contact us within 14 days of an annual charge (the first one or a renewal) and say you did not mean to continue, we will refund it in full and close the subscription. Otherwise, fees already paid are not refundable, except where these terms or the law say so.
5. The organiser’s responsibilities
Each society controls the data it puts into Flagstick (see section 12). If you are an organiser or admin, you agree that:
- you have a lawful basis to add each member and guest, and you will tell members that their society uses Flagstick and where to find our Privacy Policy;
- the details you enter are accurate, and you will correct or remove them when asked by the person concerned;
- you are responsible for your society’s rules, handicaps, entries, prizes and results, and for any decision about them;
- you will not add anyone under 13 without the consent of a parent or guardian.
6. Acceptable use
Do not use Flagstick to:
- break the law or infringe anyone’s rights, including by entering someone’s personal data without a lawful basis;
- harass people, or publish offensive content in names or messages;
- access another society’s data, probe or overload the service, get around its limits or security, or reverse-engineer it except where the law allows;
- resell the service or create accounts by automated means;
- enter scores you know are false.
We may suspend access that breaks this section. We will tell you why unless the law or the safety of the service prevents it.
7. Your content
Your society’s data (members, scores, results and messages) stays yours. You give us a licence to host, copy, process and display it, only as needed to run Flagstick for you and as described in our Privacy Policy. We may use aggregated, anonymised statistics that cannot identify any person or society, for example to improve features. You confirm you have the right to give us that licence.
8. Scores, handicaps and results
Flagstick calculates Stableford points, rankings and standings from the information entered. It is not an official handicap system, does not calculate World Handicap System indices, and is not affiliated with the Federação Portuguesa de Golfe or any golf body. Results are only as good as the scores, handicaps and course data entered, and each society is responsible for checking them before declaring winners or awarding prizes.
Flagstick does not handle money between players. If you play side games for stakes, that is a private matter between the players, and it is your responsibility to follow local law.
9. Availability
We work hard to keep Flagstick running, including on the course with patchy signal, where the scorer retries saved scores when the connection returns. But we cannot promise the service will be uninterrupted or error-free, and we provide no service-level guarantee on the Society plan. Planned maintenance will avoid typical competition times where we can.
10. Liability
Nothing in these terms limits liability that cannot be limited by law: for death or personal injury caused by negligence, for fraud, for wilful misconduct or gross negligence (Portuguese Civil Code, art. 809; Decree-Law 446/85, art. 18), or your statutory rights as a consumer, including your rights where digital services do not conform to the contract (Decree-Law 84/2021).
Subject to that:
- we are not liable for indirect or consequential loss, such as loss of profit, prize disputes or reputational harm;
- our total liability in any 12 months is limited to the fees your society paid us in those 12 months, or €100 if that is higher.
11. Ending the agreement
You can stop using Flagstick and cancel your subscription at any time. A member can ask their society to remove them, or ask us. We may end or suspend this agreement if you seriously or repeatedly break it, or with 60 days’ notice if we stop offering the service. If we stop offering it, we will refund any prepaid period that is left and give organisers a way to export their society’s data.
12. Data processing terms
This section is the data processing agreement required by art. 28 GDPR between the society (the controller) and Flagstick (the processor) for the society’s member data.
- Subject and duration: providing Flagstick to the society, for as long as the society uses it and until the data is deleted as described in our Privacy Policy.
- Nature and purpose: storing, displaying and calculating with the data to run the society’s competitions.
- Data and people: names, contact details, country, handicap index, scores and results of the society’s members and guests.
- Instructions: we process the data only on the society’s documented instructions. Using the product’s features, and these terms, are those instructions. We will tell you if we believe an instruction breaks the law.
- Confidentiality and security: anyone at Flagstick with access is bound by confidentiality. We keep appropriate technical and organisational measures in place, including encryption and per-society access controls.
- Sub-processors: you authorise the providers listed in our Privacy Policy. We will give at least 30 days’ notice by email of any new sub-processor. If you object on reasonable data-protection grounds and we cannot accommodate you, you may cancel and receive a refund of the unused period. We remain responsible for our sub-processors.
- Assistance: we will help you answer data-subject requests and meet your security, breach-notification and impact-assessment obligations, as far as is reasonable given what we know.
- Breaches: we will notify you without undue delay after becoming aware of a personal data breach affecting your society.
- Deletion: at the end of the service we will delete your society’s data, or return it on request, unless the law requires us to keep it.
- Audit: we will make available the information needed to show we comply with this section, and respond to reasonable questions.
- Transfers: where data is transferred outside the EU, the safeguards in our Privacy Policy apply.
13. Changes to these terms
We may update these terms. For a significant change, we will email organisers at least 30 days before it takes effect. If you do not agree, you can cancel before then and receive a refund of the unused period. The date at the top shows the current version.
14. Complaints and disputes
Tell us first at mark@flagstick.live. We will try to resolve it quickly.
Consumers in Portugal may also use the electronic complaints book, the Livro de Reclamações, or turn to an alternative dispute resolution body. The national consumer arbitration centre is CNIACC, the Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (www.cniacc.pt). A full list of approved bodies is published at www.consumidor.gov.pt.
15. General
These terms are governed by Portuguese law. Disputes with business customers go to the courts of the district of our registered address. Consumers keep any right to bring proceedings in the courts where they live and the protection of the mandatory laws of their country of residence.
These terms are available in English and Portuguese. Where a consumer in Portugal is concerned and the versions differ, the Portuguese version prevails.
If any part of these terms is found invalid, the rest continues to apply. Not enforcing a right straight away does not waive it. You may not transfer this agreement without our consent. We may transfer it to a successor running Flagstick, who will be bound by it.