Last Updated: February 16, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "your") and Social Dreams Marketing & Co. LLC ("Tempo", "we", "us", or "our") governing your use of the Tempo mobile application (the "App"), the Tempo website (the "Site"), and any related services (collectively, the "Services").
By downloading, installing, accessing, or using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately cease all use of the Services.
These Terms shall remain in full force and effect while you use the Services in any capacity, even if your access is suspended, terminated, or deactivated for any reason.
You must be at least 13 years of age to use the Services. By using the Services, you represent and warrant that you are at least 13 years old, that you have the legal capacity to enter into a binding agreement, and that your use of the Services does not violate any applicable law or regulation. If you provide information that is untrue, inaccurate, or incomplete, we may suspend or terminate your account without notice or liability.
To access certain features, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to promptly update such information to keep it accurate.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you. You agree to notify us immediately of any unauthorized access or use of your account. We shall not be responsible for any loss or damage arising from your failure to comply with this section.
We reserve the right to deny access, suspend, or terminate any account at our sole discretion, with or without notice, for any reason, including suspected fraudulent or unauthorized activity.
Tempo may offer premium features through paid subscriptions. All subscriptions are processed and managed exclusively through Apple's App Store. By purchasing a subscription, you agree to Apple's applicable terms and payment policies.
If we terminate your account due to a violation of these Terms, you shall not be entitled to any refund of subscription fees.
Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a single device that you own or control, solely for your personal, non-commercial purposes. This license does not include any right to modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the App.
We reserve the right to revoke this license at any time, for any reason, without notice or liability to you.
For any App obtained through the Apple App Store, you agree to use the App only on an Apple-branded product running iOS, and as permitted by the App Store Terms of Service.
All right, title, and interest in and to the Services, including but not limited to all software, code, algorithms, designs, text, graphics, logos, icons, images, audio, video, data compilations, user interface designs, and all other content, features, and functionality, are and shall remain the exclusive property of Social Dreams Marketing & Co. LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not copy, reproduce, modify, distribute, sell, license, lease, rent, display, perform, publish, create derivative works from, or otherwise exploit any part of the Services without our express prior written consent. Any unauthorized use of the Services or its content is strictly prohibited and may result in immediate termination of your access and legal action.
You are solely responsible for your conduct in connection with the Services. You represent, warrant, and agree that you shall not:
By submitting any data, content, or information through the Services (including golf scores, shot data, and profile information), you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from such data in any form, medium, or technology now known or later developed, for the purposes of providing, improving, promoting, and developing the Services and our business.
We may use aggregated, anonymized, or de-identified data derived from your use of the Services for any purpose, including analytics, research, product development, and marketing, without restriction or obligation to you.
You represent and warrant that you have all necessary rights to submit any data you provide and that such data does not infringe upon the rights of any third party. Our collection and use of your personal information is further governed by our Privacy Policy.
To the maximum extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis, with all faults and without any representation, warranty, or condition of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, completeness, or arising from course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components, or that any defects will be corrected. You assume the entire risk as to the quality, accuracy, performance, and use of the Services. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
To the fullest extent permitted by applicable law, in no event shall Social Dreams Marketing & Co. LLC, its owners, officers, directors, employees, agents, affiliates, successors, or assigns be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for loss of profits, goodwill, data, use, or other intangible losses, arising out of or in connection with your access to, use of, or inability to use the Services, whether based on warranty, contract, tort (including negligence), strict liability, statute, or any other legal theory, even if we have been advised of the possibility of such damages.
In no event shall our total aggregate liability to you for all claims arising out of or relating to these Terms or the Services exceed the lesser of: (a) the amounts actually paid by you to us (not including amounts paid to Apple) during the three (3) months immediately preceding the event giving rise to the claim; or (b) fifty dollars ($50 USD). The existence of more than one claim shall not enlarge this limit. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Social Dreams Marketing & Co. LLC and its owners, officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law, rule, or regulation; (d) your violation of any rights of any third party; (e) any data or content you submit through the Services; or (f) any activity under your account, whether or not authorized by you. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease, and we may delete your account and all associated data without obligation to retain or provide any of it to you.
You may terminate your account at any time by deleting your account through the App and uninstalling the App. Termination of your account does not entitle you to any refund of subscription fees.
All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, the data license granted in Section 8, indemnification, limitation of liability, and the dispute resolution provisions.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall first be attempted to be resolved through informal negotiation by contacting us at nate@socialdreamsmarketing.com. If the dispute cannot be resolved informally within thirty (30) days, either party may proceed with formal dispute resolution.
You agree that any dispute, claim, or cause of action arising out of or relating to these Terms or the Services shall be resolved exclusively on an individual basis. You waive any right to participate in a class action lawsuit, class-wide arbitration, or any other representative proceeding. You may not bring claims as a plaintiff or class member in any purported class or representative action.
No action arising out of these Terms or your use of the Services, regardless of form, may be brought by you more than one (1) year after the cause of action arose.
The following terms apply to your use of the App obtained through the Apple App Store:
These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions. You irrevocably consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in or serving Randolph County, North Carolina, for any legal action arising out of or relating to these Terms or the Services, and you waive any objection to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise.
We reserve the right to modify these Terms at any time, at our sole discretion, for any reason. We will indicate changes by updating the "Last Updated" date at the top of this page. Your continued use of the Services after any changes to these Terms constitutes your binding acceptance of the revised Terms. It is your sole responsibility to review these Terms periodically. If you do not agree to the modified Terms, your sole remedy is to discontinue your use of the Services.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, together with the Privacy Policy and any Additional Terms, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements, understandings, and communications.
These Terms, and any rights or licenses granted herein, may not be transferred or assigned by you without our prior written consent, but may be assigned or transferred by us without restriction or notice.
If you have any questions about these Terms, please contact us: