Terms of Service

Part A: Business Client Agreement

This section applies to golf facilities, simulator venues, and other businesses that subscribe to the Platform for booking and management services.

A1. Nature of Services and Role of AGS

AGS provides software-as-a-service ("SaaS") tools that enable Business Clients to manage bookings, scheduling, payments, and customer interactions for their facilities. AGS acts solely as a technology facilitator and intermediary. AGS does not operate, manage, or control any golf facility, simulator bay, driving range, or other physical venue.

The Business Client acknowledges and agrees that:

• All bookings facilitated through the Platform create a direct contractual relationship between the Business Client and the End User. AGS is not a party to any such booking agreement.
• AGS's role is limited to providing the technology platform through which bookings, scheduling, and payments are processed.
• AGS does not guarantee, warrant, or assume any responsibility for the Business Client's ability to fulfill bookings, provide services, or satisfy End User expectations.

A2. Business Client Obligations

By using the Platform, the Business Client agrees to:

• Maintain operational readiness of all simulators, bays, equipment, and facilities listed on the Platform, ensuring they are available and functional for the booking times offered to End Users.
• Assume full responsibility for the condition, safety, maintenance, and proper functioning of all equipment, facilities, and premises.
• Honor all bookings made through the Platform and fulfill the services as described in the booking confirmation provided to End Users.
• Maintain adequate staffing and operational capacity to meet the booking schedules published on the Platform.
• Comply with all applicable laws, regulations, ordinances, and industry standards, including but not limited to health and safety codes, accessibility requirements, fire codes, building codes, and local business licensing requirements.
• Maintain adequate insurance coverage, including general liability, property, and professional liability insurance, sufficient to cover all claims arising from the operation of the Business Client's facility and the provision of services to End Users.
• Provide accurate and current information about their facility, services, pricing, availability, and any restrictions or policies that apply to End Users.
• Handle all customer service, disputes, and complaints from End Users related to the Business Client's facility, services, equipment, staff, or policies. AGS is not responsible for resolving disputes between Business Clients and End Users.

A3. Access Control and Physical Security

The Business Client acknowledges and agrees that it bears sole and exclusive responsibility for all aspects of physical access control and security at its facility, including but not limited to:

• Verifying the identity and authorization of individuals entering the facility
• Managing physical locks, key cards, access codes, and entry systems
• Ensuring that only authorized persons access simulator bays, equipment, and restricted areas
• Maintaining surveillance, alarm, and security systems as needed
• Addressing any security incidents, theft, property damage, or unauthorized access at the facility

While the Platform may provide digital tools such as booking codes or check-in features, these tools are provided as convenience features only and do not constitute a security system. The Business Client shall not rely on the Platform as its sole means of access control and assumes all risk associated with access to its facility.

A4. Business Client Indemnification

The Business Client agrees to indemnify, defend, and hold harmless AGS, its members, managers, officers, employees, agents, affiliates, successors, and assigns (collectively, the "AGS Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Facility operations: Any injury, death, property damage, or loss occurring at or in connection with the Business Client's facility, equipment, or premises.
• Service fulfillment: The Business Client's failure to honor bookings, provide the services as described, or meet End User expectations, including but not limited to equipment malfunctions, facility closures, overbooking, understaffing, or any inability to accommodate reserved booking times.
• Access control and security: Any unauthorized access, security breach, theft, property damage, or personal injury related to access control at the Business Client's facility, regardless of whether the Platform's digital tools were used in connection with such access.
• Regulatory compliance: Any violation of applicable laws, regulations, health and safety codes, or industry standards by the Business Client.
• End User disputes: Any dispute, claim, complaint, chargeback, or legal action brought by an End User against AGS that relates to the Business Client's facility, services, staff, policies, or conduct.
• Data and privacy: Any misuse, unauthorized disclosure, or breach of End User personal data by the Business Client or its employees, agents, or contractors.
• Misrepresentation: Any inaccurate, misleading, or false information provided by the Business Client on the Platform regarding its facility, services, pricing, or availability.

This indemnification obligation shall survive the termination or expiration of the Business Client's use of the Platform and shall apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

A5. Platform Availability and Downtime

AGS will use commercially reasonable efforts to maintain Platform availability. However, the Business Client acknowledges and agrees that:

• The Platform is provided "as is" and "as available" without any warranty of uninterrupted or error-free operation.
• AGS shall not be liable for any loss of revenue, bookings, customers, data, or business opportunity resulting from Platform downtime, whether scheduled or unscheduled, including downtime caused by maintenance, updates, server failures, internet outages, cyberattacks, or force majeure events.
• The Business Client is responsible for maintaining its own backup systems and procedures for managing bookings in the event of Platform unavailability.
• AGS is fully indemnified against any claims, losses, or damages arising from or related to Platform downtime, including but not limited to claims by End Users, lost revenue, reputational harm, or breach of contract claims by the Business Client against third parties.

A6. Limitation of Liability to Business Clients

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AGS OR ANY AGS INDEMNIFIED PARTY BE LIABLE TO THE BUSINESS CLIENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF AGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AGS'S TOTAL AGGREGATE LIABILITY TO THE BUSINESS CLIENT FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES PAID BY THE BUSINESS CLIENT TO AGS DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

A7. Payment of Fees

The Business Client agrees to pay all subscription fees, transaction fees, and other charges as set forth in the applicable pricing plan or separate service agreement. Failure to pay fees when due may result in suspension or termination of access to the Platform. All fees are non-refundable except as expressly provided in a separate written agreement.

A8. Domain Hosting and White-Label Services

AGS may offer the Business Client the ability to host the Platform on the Business Client's own custom domain name ("Domain Hosting"). When Domain Hosting is enabled, End Users access the Platform through the Business Client's domain (e.g., bookings.clientname.com), and the Platform is presented under the Business Client's branding. The Business Client acknowledges and agrees that:

• The Platform remains the property of AGS. Domain Hosting does not transfer any ownership, intellectual property rights, or control of the Platform to the Business Client. The Business Client is granted a limited, revocable license to use the Platform under its own domain name, subject to these Terms.
• These Terms of Service and AGS's Privacy Policy remain in full force and apply to all users of the domain-hosted site. The Business Client shall not remove, obscure, or alter links to these Terms or the Privacy Policy on the domain-hosted site. End Users accessing the Platform through the Business Client's domain are bound by these Terms in the same manner as if they accessed the Platform directly through AGS's websites.
• The Business Client is responsible for its domain and DNS configuration. AGS is not responsible for any downtime, security issues, SSL certificate failures, DNS misconfigurations, or domain expiration related to the Business Client's domain name. The Business Client shall maintain valid domain registration and proper DNS records as instructed by AGS.
• The Business Client shall not misrepresent the nature of the Platform. The Business Client may present the Platform under its own branding but shall not represent or imply that it owns, developed, or independently operates the underlying booking software or payment processing systems. Upon request, the Business Client shall disclose that its booking services are powered by AGS.
• AGS may display attribution. AGS reserves the right to include a "Powered by" notice or similar attribution on domain-hosted sites, which the Business Client shall not remove or obscure.
• All indemnification, limitation of liability, and disclaimer provisions in these Terms apply equally to domain-hosted instances of the Platform. The Business Client's indemnification obligations under Section A4 expressly extend to any claims arising from or related to the domain-hosted site, including claims by End Users who access the Platform through the Business Client's domain.
• AGS may suspend or terminate Domain Hosting at any time, with or without cause, including but not limited to cases where the Business Client's domain is used in a manner that violates these Terms, infringes third-party rights, or poses a security risk to the Platform or its users.

For the avoidance of doubt, any End User who accesses the Platform through a Business Client's domain-hosted site is subject to Part B of these Terms. The Business Client is responsible for ensuring that its End Users are made aware of and have access to these Terms and AGS's Privacy Policy.

A9. Confidentiality

The Business Client acknowledges that certain confidential business materials and other non-public information, including financial information, customer lists, business relationships, pricing structures, software architecture, and other trade secrets of AGS ("Confidential Information") may be disclosed during use of the Platform or during the provision of Services. The Business Client will not, at any time, during or after the term of this agreement, directly or indirectly, copy, use, disclose, release, or publish any such Confidential Information, except as expressly required or authorized by AGS. The Business Client will exercise reasonable precautions in maintaining the confidentiality of AGS's Confidential Information, and will not disclose such Confidential Information to third parties without AGS's express written permission. Because the life of Confidential Information may extend indefinitely, this provision shall continue in perpetuity.

A10. Non-Solicitation

The Business Client acknowledges that all business opportunities, End User relationships, and other Business Client relationships generated through the Platform constitute extremely valuable assets of AGS, and that AGS is entitled to protect those assets. As such, the Business Client agrees, during the time when it is registered with AGS and for one (1) year thereafter, not to, in any manner, directly or indirectly, whether as owner, partner, stockholder, contractor, agent, consultant, or otherwise, induce or attempt to induce any End User or Business Client (or any person who had been an End User or Business Client at any time during the Business Client's registration with AGS) to terminate any relationship with AGS or to migrate to a competing platform.

The Business Client further acknowledges that any breach of this section would cause immediate and irreparable harm to AGS, and that AGS shall be entitled to injunctive relief restraining such breach, in which case no bond or other security shall be required in connection therewith. In addition, AGS shall be entitled to recover, as liquidated damages, all fees, compensation, commissions, or other remuneration received by the Business Client in connection with any such breach.

A11. Termination by AGS

AGS may suspend or terminate a Business Client's access to the Platform at any time, with or without cause, upon written notice. Upon termination, the Business Client's right to use the Platform ceases immediately. The Business Client remains responsible for all obligations incurred prior to termination, including outstanding fees, indemnification obligations, confidentiality obligations, and non-solicitation obligations, all of which shall survive termination.

Part B: End User Agreement

This section applies to individuals who use the Platform to make bookings, purchases, or reservations at participating facilities.

B1. Role of AGS as Facilitator

AGS acts solely as a technology facilitator and booking intermediary. When you make a booking or purchase through the Platform, you are entering into a direct agreement with the Business Client (the golf facility, simulator venue, or other business) — not with AGS.

AGS's responsibility is limited to:

• Providing the technology platform through which bookings are made
• Processing your booking request and transmitting it to the applicable Business Client
• Facilitating payment processing on behalf of the Business Client
• Sending booking confirmations and related communications

AGS does not own, operate, manage, or control any golf facility, simulator, equipment, or venue listed on the Platform. AGS is not responsible for and makes no representations or warranties regarding the quality, safety, availability, condition, or suitability of any facility, equipment, or service provided by a Business Client.

B2. Your Agreement is with the Business Client

You acknowledge and agree that:

• Your booking creates a contract between you and the Business Client. AGS is not a party to this contract and bears no liability for the Business Client's performance or failure to perform.
• All matters relating to the quality, safety, timeliness, and fulfillment of your booking are the sole responsibility of the Business Client.
• Any complaints, disputes, refund requests, or claims regarding the facility, equipment, staff, service quality, or experience must be directed to the Business Client. AGS is not responsible for providing customer support for issues that arise at or relate to the Business Client's facility or services.
• AGS's sole obligation to you is to ensure that your booking information is accurately transmitted to the Business Client through the Platform.

B3. User Accounts

B3.1 Account Creation

To use our booking services, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

B3.2 Eligibility

You must be at least 18 years old to create an account and make bookings. By using our services, you represent that you meet this age requirement.

B4. Bookings and Reservations

B4.1 Making Bookings

When you make a booking through the Platform:

• You are entering into an agreement directly with the Business Client
• You agree to arrive on time for your reserved slot
• You acknowledge that bookings are subject to availability
• You agree to comply with the Business Client's rules and regulations
• You understand that late arrivals may result in reduced session time

B4.2 Cancellations and Modifications

Cancellation and modification policies are set by each Business Client and may vary. It is your responsibility to review the applicable cancellation policy before completing a booking. AGS is not responsible for enforcing or modifying any Business Client's cancellation policy.

B4.3 Facility Closures and Booking Failures

In the event that a Business Client is unable to honor your booking due to equipment failure, facility closure, overbooking, or any other reason, your recourse is with the Business Client directly. AGS will use reasonable efforts to communicate any known disruptions but is not liable for a Business Client's inability to fulfill a booking.

B5. Payment Terms

B5.1 Pricing

All prices displayed on the Platform are set by the Business Client and are shown in US Dollars unless otherwise stated. AGS does not control pricing and is not responsible for pricing errors or changes made by Business Clients.

B5.2 Payment Processing

AGS facilitates payment processing on behalf of Business Clients through third-party payment processors. By providing payment information, you:

• Authorize the processing of charges for your booking and any applicable fees
• Represent that you have the legal right to use the payment method provided
• Agree to pay all charges incurred under your account

B5.3 Refunds

Refund eligibility and processing are governed by the applicable Business Client's policies. AGS will process approved refunds as directed by the Business Client, but AGS does not independently determine refund eligibility. Approved refunds will be returned to the original payment method within 5-10 business days.

B5.4 Memberships and Subscriptions

If you purchase a membership or subscription through the Platform:

• The membership or subscription is with the Business Client, not with AGS
• You will be charged on a recurring basis as specified at the time of purchase
• Subscriptions automatically renew unless cancelled
• You may cancel at any time through your account settings or by contacting the Business Client
• Refund policies for partial subscription periods are determined by the Business Client

B5.5 Stored Payment Methods

When you make a booking while logged in, your payment card information may be stored for future transactions. You acknowledge and agree that:

• Card information is stored securely with our third-party payment processors (such as Stripe or Square), not directly with AGS
• AGS does not have access to your full card number; only the last four digits and card brand are visible to us
• You may remove your stored payment method at any time through your account settings
• Removing your payment method may affect your ability to make future bookings or maintain active subscriptions

B6. Unauthorized Activities and User Conduct

You agree that you will not use the Platform or the Services for:

• Any illegal or unauthorized purposes that violate any local, national, or international laws (including import, export, copyright, and trademark laws)
• Contacting any other user of the Platform who has requested not to be contacted
• Stalking or harassing anyone
• Modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any Platform Content, unless otherwise authorized by these Terms or in a separate written agreement with AGS
• Attempting to gain unauthorized access to AGS's computer systems or engaging in any activity that interferes with the performance of, or impairs the functionality of, the Platform
• Data mining, scraping, or using robots, spiders, crawlers, or any other data gathering or extraction tools, except to the extent the Platform is indexed by general purpose consumer accessible search engines
• Promoting any effort to compete with AGS, including using the Platform in a way that causes a reduction or loss of business for AGS
• Any resale or commercial use of the Platform or the Platform Content
• Using the Platform to access or collect any personally identifiable information for any purpose, including any commercial purposes
• Removing, circumventing, disabling, damaging, or otherwise interfering with any security-related features of the Platform aimed at preventing or restricting unauthorized use
• Impersonating another person or entity or falsely stating or otherwise implying an affiliation with a person or entity
• Uploading malicious code, viruses, or harmful materials
• Harassing, abusing, or harming other users or Business Client facility staff
• Making fraudulent bookings or payments

You agree to use the Platform only for the purpose and manner for which it was specifically designed; any other use without prior written permission of AGS is strictly prohibited. You acknowledge and agree that the unauthorized use of the Platform could cause irreparable harm to AGS and that, in the event of such unauthorized use, AGS shall be entitled to injunctive relief in addition to any other remedies available at law or in equity.

B7. User Content

Certain features of the Platform may allow you to contribute comments, feedback, information, content, text, files, graphics, reviews, and other materials ("User Content"). By contributing User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by AGS will not: (a) infringe any intellectual property or privacy rights of any person or entity; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous, threatening, or harassing; (d) be obscene or indecent; (e) constitute misappropriation of any trade secret; or (f) constitute disclosure of any confidential information of a third party.

You retain all right, title, and interest in and to the User Content that you submit and all intellectual property rights embodied therein. Upon your submission of User Content to the Platform, you grant AGS a worldwide, perpetual, irrevocable, transferable license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the User Content, all without any compensation to you whatsoever.

B8. End User Indemnification of AGS

You agree to indemnify, defend, and hold harmless AGS and the AGS Indemnified Parties from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Platform or any services booked through it
• Your violation of these Terms
• Your violation of any rights of another party
• Your conduct at any Business Client's facility
• Any dispute between you and a Business Client
• Any inaccurate or misleading information you provide through the Platform

B9. Disclaimers and Limitation of Liability to End Users

B9.1 No Warranty

THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AGS DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

B9.2 Third-Party Facilities

AGS acts solely as a technology facilitator connecting End Users with independent Business Clients. AGS is not responsible for and expressly disclaims any liability for:

• The quality, safety, legality, or condition of any facility, equipment, or service
• The accuracy of any listing, description, or representation made by a Business Client
• Actions, omissions, or negligence of any Business Client or its employees
• Injuries, death, or property damage occurring at any facility
• Disputes between End Users and Business Clients
• A Business Client's failure to honor or fulfill a booking

B9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR ANTICIPATED SAVINGS, ARISING FROM YOUR USE OF THE PLATFORM.

AGS'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID THROUGH THE PLATFORM IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100.00).

IF YOU ARE DISSATISFIED WITH THE PLATFORM OR WITH ANY OF THESE TERMS, OR FEEL AGS HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

B10. Termination

AGS may suspend or terminate your account and access to the Platform at its sole discretion, without prior notice, for conduct that we believe:

• Violates these Terms
• Is harmful to other users, Business Clients, or AGS
• Exposes AGS to legal liability
• Is fraudulent or involves stolen payment instruments

Upon termination, your right to use the Platform ceases immediately. You may also terminate your account at any time through your account settings.