These Terms of Service (“Terms”) govern your access to and use of the Dimplez website, mobile applications, and related services (collectively, the “Services”) offered by ELMENTS SA (“we”, “us”, “our”) with its registered address at Seestrasse 93, c/o Megalink GmbH McLaw, CH-6052 Hergiswil, Switzerland.
Where applicable data protection laws refer to a controller of personal data processed in connection with the Services, ELMENTS SA acts as data controller at the address above.
By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
You must be at least 16 years old to use the Services. If you are between 16 and the age of majority where you live, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
You represent that you have the legal capacity to enter into a binding agreement and that all registration and account information you provide is accurate.
You are responsible for safeguarding credentials and for activity under your account. Notify us promptly at contact@dimplez.app if you suspect unauthorized access.
Certain features may require a paid subscription processed through the Apple App Store and/or Google Play (each, a “Store”). When you purchase a subscription through a Store:
Helpful references (subject to change by Apple/Google): Apple billing & subscriptions · Google Play subscriptions
To cancel a subscription purchased through a Store, you must use that Store’s subscription management tools (for example, your Apple ID or Google Play account settings). We do not cancel Store-managed subscriptions on your behalf by email or support ticket.
Cancellation takes effect according to the Store’s rules; you may retain access until the end of the current paid period unless the Store states otherwise.
For purchases made through a Store, refunds are governed solely by the applicable Store’s policies and processes. To request a refund, follow the Store’s refund request flow. We do not override or bypass Store rules for in-app purchases or subscriptions.
If we ever offer payments outside the Stores, any refund terms for those payments will be stated separately at the point of sale.
You agree not to, and not to allow others to:
We may investigate suspected violations and may suspend or terminate access (Section 10) where reasonably necessary to protect users, the Services, or legal compliance.
The Services, including software, branding, text, graphics, and other content we provide, are owned by us or our licensors and are protected by intellectual property laws. Subject to these Terms and any separate license (e.g. open-source components), we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose.
The Services may link to third-party sites or rely on Stores and other providers. We do not control third parties and are not responsible for their content or practices. Your use of third-party services is at your own risk and subject to their terms.
The Services are provided “as is” and “as available”. To the fullest extent permitted by applicable law, we disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Dimplez is a training and information tool. We do not guarantee any particular golf or athletic outcome, improvement in performance, or accuracy of every insight. You are responsible for your own health, safety, and compliance with local rules when practicing or playing golf.
To the fullest extent permitted by applicable law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, goodwill, or business opportunities, arising out of or related to the Services or these Terms, even if we have been advised of the possibility of such damages.
Our aggregate liability for claims arising out of or related to the Services or these Terms is limited to the greater of (a) the amounts you paid to us for the Services in the twelve (12) months before the claim arose (excluding amounts paid to and controlled by a Store), or (b) CHF 100, if no such fees were paid to us in that period.
Nothing in these Terms excludes or limits liability where such exclusion or limitation would be void under applicable law, including for gross negligence, unlawful intent, or injury to life, body, or health to the extent such liability cannot be limited.
You will defend, indemnify, and hold harmless ELMENTS SA and its directors, employees, and affiliates from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Services, your content, or your violation of these Terms or applicable law, except to the extent caused by our gross negligence or unlawful intent.
You may stop using the Services at any time. Store subscriptions must be cancelled through the Store as described in Section 4.
We may suspend or terminate your access to the Services if you materially breach these Terms, if we reasonably believe continued access would create risk or violate law, or if we discontinue the Services (where we will aim to give reasonable notice when practicable).
Provisions that by their nature should survive (including intellectual property, disclaimers, limitation of liability, governing law, and dispute resolution) survive termination.
We may update these Terms from time to time. We will post the updated version on this page and update the “Last updated” date. If changes are material, we will use reasonable efforts to provide additional notice (for example, in-app or by email where we have your address). Your continued use of the Services after the effective date constitutes acceptance of the updated Terms, except where applicable law requires a different process.
These Terms are governed by substantive Swiss law, without regard to conflict-of-law principles that would require application of another jurisdiction’s laws.
Subject to mandatory provisions of law that cannot be contractually waived (including, where applicable, consumer protections), the competent courts of the Canton of Nidwalden, Switzerland shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services.
Entire agreement. These Terms constitute the entire agreement between you and us regarding the Services and supersede prior understandings on the same subject.
Assignment. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in effect.
No waiver. Failure to enforce a provision is not a waiver of our right to enforce it later.
Contact. Questions about these Terms: contact@dimplez.app