Player Terms of Use

1About Golf SimPass

Golf SimPass is a player-facing golf identity, engagement, profile, session-connection, rewards, facility-network, and related technology service operated by Soarware Labs Inc.

Golf SimPass may allow eligible players to:

• create and manage a golfer profile;
• connect with participating golf simulator facilities;
• make or access bookings where supported;
• connect bookings and simulator sessions to their profile;
• maintain play history, statistics, milestones, levels, streaks, achievements, and rewards;
• view facility information and participating locations;
• participate in leagues, competitions, events, challenges, or promotions;
• share authorized gameplay information with other users;
• access remote game-screen viewing or session-sharing features;
• receive operational, account, booking, or session communications; and
• access other products and features that Soarware Labs makes available from time to time.

Golf SimPass may evolve. Certain features may not be available at every facility, on every simulator system, in every jurisdiction, or to every account.

2The Parties

In these Terms:

• “Soarware Labs,” “we,” “us,” and “our” mean Soarware Labs Inc.
• “You” and “your” mean the individual creating, accessing, or using a Golf SimPass account.
• “Facility” means an independently owned or operated golf simulator facility, golf business, club, academy, course, or other location participating in Golf SimPass.
• “Golf SimPass Services” means the Golf SimPass website, applications, player profile, booking functionality, session connections, facility network, rewards, viewing features, communications, software, and related services provided by Soarware Labs.
• “Simulator Services” means golf simulator hardware, launch-monitor systems, simulator software, virtual courses, facility equipment, and related third-party technology.

Golf SimPass is a product and service operated by Soarware Labs. Golf SimPass is not a separate legal entity.

3Relationship With Participating Facilities

Golf SimPass and participating Facilities have separate responsibilities. Unless Golf SimPass expressly states otherwise, each Facility remains independently responsible for its:

• physical premises and equipment;
• operating hours and staffing;
• safety procedures and emergency response;
• player and guest waivers;
• bookings and availability;
• memberships and local programs;
• pricing, taxes, charges, and payment processing;
• cancellation, refund, and no-show policies;
• alcohol, food, beverage, and retail services;
• local promotions and marketing;
• customer service;
• leagues and events operated by that Facility;
• accessibility obligations; and
• local customer and transaction records.

A Facility is not authorized to change these Terms or make commitments on behalf of Soarware Labs unless Soarware Labs expressly authorizes it in writing.

Your acceptance of a Facility waiver does not constitute acceptance of these Terms. A Facility may not accept these Terms on your behalf.

Any dispute involving a Facility’s premises, equipment, services, local booking, payment, refund, waiver, staff, membership, or operating policy should ordinarily be addressed directly with that Facility.

4Eligibility and Junior Accounts

You must be legally capable of entering into these Terms. You may create your own Golf SimPass account only if:

• you are at least 18 years old; and
• where you have not reached the age of majority in your province, territory, state, or country, your parent or legal guardian has reviewed and agreed to these Terms and has authorized your use of Golf SimPass.

Children under 18 may not create or independently operate a Golf SimPass account. Where Soarware Labs introduces an approved parent-managed Junior Account feature, a parent or legal guardian may create and control an account for a child in accordance with the applicable Junior Account terms and consent process.

A parent or legal guardian may register a child for a junior league or a booking using the parent’s or guardian’s own account, and is responsible for that registration. See Children’s Privacy.

We may request reasonable age, identity, parental-authority, or consent verification. Parents and guardians are responsible for supervising a minor’s use of Golf SimPass and ensuring that the minor complies with these Terms.

Certain features may be unavailable to minors, including public profiles, public directories, public gameplay sharing, direct messaging, marketing, competitions, and camera or audio sharing.

5Creating Your Account

You agree to provide complete, current, and accurate registration information. You must not:

• create an account using another person’s identity without authorization;
• impersonate another person;
• provide false age or eligibility information;
• create accounts for deceptive, abusive, fraudulent, or unlawful purposes; or
• transfer or sell your account without our written approval.

You are responsible for maintaining the confidentiality of your password, authentication method, and account credentials.

You must promptly notify us at info@golfsimpass.com if you believe that your account has been compromised or accessed without authorization.

You are responsible for activity occurring through your account except to the extent caused by Soarware Labs’s failure to meet its legal obligations.

6Account Creation Through a Facility

A Facility may invite you to create a Golf SimPass account or present a Golf SimPass registration flow through its website, booking system, QR code, kiosk, email, or customer experience.

Creating Golf SimPass must remain a separate and informed player decision. A Facility may not:

• automatically enrol you in Golf SimPass;
• preselect optional Golf SimPass participation;
• accept these Terms for you;
• represent its waiver or booking terms as acceptance of Golf SimPass;
• transfer identified historical information to your Golf SimPass profile without appropriate authority; or
• combine optional marketing consent with required Golf SimPass account acceptance.

When registration is presented through a Facility experience, your Golf SimPass account remains an account with Soarware Labs.

7Connecting a Facility, Booking, or Session

Golf SimPass may allow you to connect your account with a participating Facility, booking, membership, league, event, simulator session, or guest session. Depending on the feature, you may be asked to authorize the exchange of information such as:

• your name, display name, email address, telephone number, or account identifier;
• Facility or membership identifiers;
• booking date, time, location, bay, duration, and status;
• session start and end information;
• course, range, league, event, or game information;
• holes played, shots taken, score, and session statistics;
• launch-monitor or simulator performance information;
• access, check-in, or session-readiness information; and
• other information clearly described when you make the connection.

Where required, we will ask for a separate permission before connecting information that is not necessary to create or operate your account.

You may disconnect a Facility through your account settings or by contacting us. Disconnecting a Facility may prevent future information from being added to your profile but may not automatically delete:

• information already lawfully retained in your Golf SimPass history;
• records independently controlled by the Facility;
• transaction, security, fraud-prevention, or consent records; or
• information we must retain for legal or operational reasons.

8Bookings and Transactions

Golf SimPass may provide booking, payment, membership, reservation, or transaction functionality directly or through a Facility or third-party service. Before completing a transaction, review the displayed:

• Facility;
• service;
• date and time;
• price and applicable taxes;
• cancellation and refund rules;
• membership conditions; and
• any additional Facility terms.

Unless the transaction page expressly identifies Soarware Labs as the seller or merchant, the Facility is the provider of the booked golf service and is responsible for the applicable price, service, cancellation, refund, and customer-support obligations.

Golf SimPass does not guarantee that a Facility, bay, course, simulator system, or service will remain available. Where a Facility cancels, changes, or cannot provide a booking, the Facility’s applicable policy and mandatory consumer rights will govern.

Nothing in these Terms limits a right or remedy that cannot lawfully be excluded under applicable consumer-protection law.

9Player Profile

Your Golf SimPass profile may contain information such as:

• your name, display name, username, photograph, or avatar;
• account preferences;
• home or preferred Facilities;
• memberships and network connections;
• booking and session history;
• hours played;
• holes played;
• shots taken;
• courses and Facilities visited;
• personal bests and performance statistics;
• levels, points, experience, streaks, badges, milestones, and achievements;
• league, event, and competition participation;
• connected player, instructor, or friend relationships; and
• other information you choose to add or authorize.

We may provide controls allowing you to decide whether certain profile information is private, visible to connected Facilities, visible to approved players, visible to league or event participants, or publicly displayed. Your actual available controls may depend on the feature and account type.

You should not include information in your public profile that you do not want others to see.

10Accuracy of Golf and Simulator Information

Golf SimPass information may be received from you, a participating Facility, booking and membership systems, simulator hardware and software, launch monitors, league and event systems, and other approved integrations.

Simulator information may be incomplete, delayed, duplicated, incorrectly attributed, unavailable, or affected by equipment configuration, environmental conditions, calibration, software settings, network availability, player identification, third-party systems, or operator error.

Golf SimPass statistics are provided for personal engagement, information, and entertainment unless expressly stated otherwise. Golf SimPass does not guarantee that simulator statistics are suitable for professional coaching, official handicapping, equipment fitting, competition certification, medical decisions, financial decisions, or any other purpose requiring independently verified accuracy.

11Rewards, Points, Levels, Streaks, and Achievements

Golf SimPass may provide points, experience points, levels, badges, achievements, streaks, milestones, status indicators, challenges, rewards, benefits, promotions, or similar engagement features. Unless we expressly state otherwise:

• these features have no cash value;
• they are not property, currency, deposits, stored value, securities, or transferable assets;
• they cannot be sold, assigned, traded, transferred, or redeemed for cash;
• they may be subject to eligibility requirements, expiry dates, limits, and feature-specific rules;
• they may differ among Facilities, regions, account types, and promotions; and
• they may be corrected where issued because of error, fraud, duplication, manipulation, technical malfunction, or unauthorized activity.

We may modify, suspend, replace, correct, or discontinue a rewards structure on reasonable notice where practicable. Any material change affecting a paid commitment or earned consumer entitlement remains subject to applicable law and the specific terms governing that commitment.

You must not manipulate sessions, bookings, scores, shots, devices, account connections, or technical systems to obtain rewards or status improperly.

12Leagues, Competitions, Challenges, and Promotions

Golf SimPass may support leagues, tournaments, competitions, challenges, draws, contests, or promotional events operated by Soarware Labs, a Facility, or another authorized organizer. Additional rules may apply, and may address:

• eligibility;
• registration;
• scoring;
• handicaps;
• equipment and simulator settings;
• player conduct;
• tie-breaking;
• prizes;
• publicity;
• disqualification; and
• dispute resolution.

The applicable event organizer is responsible for administering the event according to the displayed rules.

Unless expressly stated, Golf SimPass statistics do not constitute an official Golf Canada, USGA, R&A, professional-tour, or other recognized handicap or competition record.

13Gameplay Sharing and Remote Viewing

Golf SimPass may offer optional features that allow a player to share simulator gameplay with selected viewers. These features may include live or delayed viewing of a simulator game screen; virtual course action; scorecards, ball flight, shot results, statistics, and player display names; private session links; league or event viewing; recorded highlights or replays, where separately enabled; and camera or audio features, where separately introduced and authorized.

Player control

Remote viewing is subject to the controls presented for the applicable feature. Where Golf SimPass provides a player-controlled sharing option, gameplay sharing is not enabled merely because you created an account — you must deliberately activate or authorize the applicable sharing feature.

Game-screen viewing

When you activate game-screen viewing, you authorize Golf SimPass to capture, process, transmit, and display the simulator-game information identified in the viewing interface to the audience you select or authorize. You are responsible for reviewing the displayed audience and sharing settings before activating the feature.

Private links

A private viewing link is intended only for the recipients you choose. Private links may still be forwarded, copied, screen-recorded, photographed, or misused by recipients despite technical and contractual restrictions. Do not share gameplay information that you are not comfortable allowing the intended audience to see.

Viewer rules

A viewer must not:

• record, copy, download, rebroadcast, restream, sell, sublicense, or commercially exploit a stream without authorization;
• share a private link outside its intended audience;
• harass, threaten, shame, stalk, or abuse a player or another viewer;
• scrape scores, statistics, identities, or other stream information;
• circumvent access restrictions;
• falsely represent a stream as an official broadcast; or
• use the feature in violation of law, Facility rules, or third-party rights.

Camera and audio features

A live view of the physical bay, player, guest, or surrounding area is different from game-screen viewing. If Golf SimPass introduces camera or audio sharing, it may require a separate opt-in, additional privacy notice, confirmation from the Facility, guest notice or consent, restrictions involving minors, visible in-bay notice, controls for camera and microphone activation, and separate retention and recording settings.

You must not activate a camera or microphone in a way that records or broadcasts another person without required notice, consent, or lawful authority.

No guaranteed availability

Remote viewing may be delayed, interrupted, degraded, unavailable, or disabled because of bandwidth, device limitations, third-party software, Facility rules, privacy, security, licensing, safety, or technical requirements. We may stop or restrict a stream where reasonably necessary to protect players, guests, Facilities, Soarware Labs, third parties, or the integrity of the service.

14Third-Party Simulator and Software Rights

Golf SimPass may interact with third-party products such as launch monitors, simulator software, virtual golf environments, course content, booking platforms, payment providers, membership systems, and communication services. Those third-party products are owned and controlled by their respective providers and may be governed by separate licences and terms.

Your use of Golf SimPass does not give you ownership of or an unrestricted right to:

• copy simulator software;
• reproduce virtual course content;
• publicly broadcast third-party software;
• create commercial recordings;
• remove third-party notices; or
• use another provider’s trademarks, images, data, or intellectual property beyond the permissions granted by that provider.

A Golf SimPass viewing or sharing control does not override a third-party licence restriction.

15Player Content

“Player Content” means text, profile information, photographs, avatars, comments, messages, feedback, scores, uploads, or other content that you submit to Golf SimPass.

You retain ownership of Player Content that you own. You grant Soarware Labs a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, format, adapt, display, transmit, and otherwise use your Player Content only as reasonably necessary to:

• provide Golf SimPass;
• display your content according to your settings;
• support connected Facilities and features authorized by you;
• protect the service and enforce these Terms;
• comply with law; and
• operate features you request.

This licence ends when the applicable Player Content is deleted from active systems, except to the extent continued retention is reasonably required for backups, legal obligations, security, dispute resolution, fraud prevention, or information lawfully shared with others before deletion.

You represent that you have the rights needed to provide Player Content and that your content does not violate law or another person’s rights.

16Feedback

You may provide ideas, suggestions, requests, or feedback about Golf SimPass. You agree that Soarware Labs may use and commercialize feedback without restriction or compensation, provided that we do not publicly identify you as the source or disclose your personal information contrary to the Privacy Policy.

17Acceptable Use

You must use Golf SimPass lawfully, respectfully, and only for its intended purposes. You must not:

• engage in fraud, impersonation, deception, or account manipulation;
• harass, threaten, bully, exploit, or harm another person;
• publish unlawful, hateful, abusive, sexually explicit, defamatory, or privacy-invasive content;
• expose a minor’s personal information without appropriate authority;
• interfere with another person’s account or session;
• disrupt a Facility, booking, league, event, bay, simulator, network, or device;
• introduce malware or malicious code;
• attempt unauthorized access;
• bypass authentication, payment, booking, subscription, Facility, sharing, or privacy controls;
• scrape, harvest, systematically extract, or commercially compile Golf SimPass information;
• reverse engineer, decompile, disassemble, or attempt to discover non-public source code except where applicable law expressly permits that activity and prohibits contractual restriction;
• conduct unauthorized vulnerability testing or security testing;
• use Golf SimPass to develop or train a competing product, service, model, or dataset using protected information;
• misuse a private viewing link;
• falsely represent an affiliation with Soarware Labs or a Facility; or
• encourage another person to engage in prohibited activity.

We may investigate suspected violations and cooperate with Facilities, service providers, regulators, law enforcement, or affected persons where permitted or required by law.

18Safety and Facility Conduct

Golf simulator activity involves physical movement, clubs, balls, equipment, screens, electronics, flooring, furniture, and other people. You must:

• follow Facility safety rules and staff instructions;
• remain within designated hitting areas;
• ensure that others remain clear before swinging;
• use appropriate equipment;
• supervise children under your care;
• stop using damaged or unsafe equipment; and
• promptly report hazards or incidents to the Facility.

Nothing in these Terms replaces a Facility waiver or safety rules.

19Communications

We may send service-related communications necessary to operate your account, including verification messages, password and security notices, booking or session information, account changes, privacy and legal notices, service interruptions, and support communications. These operational messages are not optional where they are reasonably necessary to provide Golf SimPass.

Marketing communications are separate. Where required by law we will obtain appropriate consent before sending commercial electronic messages. Marketing messages will identify the sender and include an unsubscribe mechanism, and unsubscribe requests are implemented within 10 business days.

You may withdraw marketing consent without closing your Golf SimPass account. A Facility’s marketing consent is separate from Golf SimPass marketing consent unless clearly disclosed and lawfully obtained.

Text messages are covered in Text Messages (SMS) and the SMS Terms.

20Text Messages (SMS)

If you give us a mobile number, Golf SimPass can text you about your bookings. The program name is Golf SimPass. Texts are booking confirmations, booking reminders, and alerts from a waitlist you joined. Message frequency varies. Msg & data rates may apply. Reply STOP to stop the texts and HELP for help.

Agreeing to receive texts is not a condition of any purchase. We do not send marketing texts; if we ever do, we will ask for your separate consent first.

The full SMS Terms form part of these Terms.

21Privacy

The Golf SimPass Privacy Policy explains how we collect, use, disclose, retain, and protect personal information. Our signup and feature flows may also provide shorter, contextual privacy notices.

By accepting these Terms, you acknowledge that you have had an opportunity to review the Privacy Policy.

Acceptance of these Terms does not constitute consent to every optional use of personal information. We will seek additional consent where required, including for certain Facility connections, marketing, public profile features, camera or audio sharing, or other uses outside reasonable expectations.

You may contact us regarding privacy at:

Privacy Officer — Craig Weissenfels
Soarware Labs Inc.
Golf SimPass
561 Bayfield Street, Suite 1003
Barrie, Ontario, Canada L4M 4Z9

Email: info@golfsimpass.com · Telephone: 1.647.409.1648

22Security

We use administrative, technical, and organizational safeguards appropriate to the nature of Golf SimPass and the information processed. No online service, network, transmission method, storage system, private link, or security control is completely secure.

You must use reasonable security practices, including:

• using a strong and unique password;
• protecting your devices;
• signing out of shared devices;
• not sharing authentication codes; and
• reporting suspected compromise promptly.

23Account Access, Correction, Export, and Deletion

Subject to legal, technical, identity-verification, and retention requirements, you may request access to personal information under our control; correction of inaccurate information; an available account export; withdrawal of an optional permission; or deletion of your Golf SimPass account.

We may retain limited information where reasonably necessary for legal compliance, transaction and tax records, security and fraud prevention, enforcement of these Terms, dispute resolution, consent records, backups and disaster recovery, and protecting the rights of Soarware Labs, Facilities, players, or third parties.

We may take reasonable steps to verify identity and authority before disclosing, correcting, exporting, or deleting information.

24Availability and Changes

We aim to provide a reliable service but do not promise uninterrupted or error-free availability. Golf SimPass may be affected by internet or telecommunications failures, Facility systems, third-party platforms, simulator hardware and software, maintenance, cybersecurity events, power interruptions, updates, and events outside our reasonable control.

We may update, improve, replace, suspend, or discontinue features. Where a change materially affects a paid subscription or a significant consumer commitment, we will provide notice and any rights required by applicable law.

25Beta, Pilot, and Preview Features

We may identify a feature as beta, pilot, preview, early access, experimental, pre-release, or evaluation. These features may be incomplete, change without notice, contain defects, have limited support, produce inaccurate results, or be withdrawn.

Do not rely on a beta feature for safety-critical, emergency, official competition, financial, legal, medical, or other high-risk purposes.

26Paid Subscriptions

Where Golf SimPass offers a paid subscription, the applicable purchase page or order confirmation will identify the subscription, included features, price and currency, applicable taxes, billing frequency, renewal terms, cancellation method, and any trial or promotional conditions.

You authorize the applicable payment provider to charge the displayed amount according to the purchase terms. We will not rely on these general Terms to override mandatory disclosure, cancellation, refund, renewal, or consumer rights. The specific subscription terms displayed at purchase form part of these Terms.

Venue memberships that renew automatically are covered in Auto-Renewing Memberships.

27Auto-Renewing Memberships

Who sells the membership

Memberships are offered by venues (Facilities). The venue sets the price, how often you are billed (monthly or yearly), what the membership includes, the taxes that apply, and its refund policy. You pay the venue through the venue’s own Stripe or Square account. Golf SimPass provides the sign-up page, keeps your membership record, and gives you the cancel button.

What you see before you subscribe

Before you pay, we show you:

• that the membership renews automatically until you cancel;
• the amount charged each time, in the venue’s currency, and any tax included;
• how often you will be charged (every month or every year), with the first charge taken when you subscribe;
• what the membership includes, such as discounts, free play, limits and the times it can be used; and
• how to cancel.

Memberships do not include free trials or introductory prices. If a venue ever offers one, we will show you before you subscribe how long it lasts and what you will pay afterwards, and, where the law requires, remind you before it ends.

Your agreement

Before you subscribe to a membership that is charged automatically, you must actively agree to the automatic renewal by ticking a box. The box is never ticked in advance, and we record that you agreed.

After you subscribe

We email you a confirmation that sets out the membership, the price, how often you will be charged, that it renews automatically, and how to cancel.

Renewal charges

At the start of each billing period, the venue’s payment provider charges the payment method you subscribed with, at the membership’s price. If a venue changes a membership’s price, the new price applies to people who subscribe after the change; your membership keeps the price you subscribed at. If your price ever has to change, we will email you at least 30 days before the first renewal at the new price, and you can cancel before then.

Cancelling

You can cancel online at any time. You do not need to call or visit anyone.

• Website: My account → Memberships → Cancel subscription.
• App: Account → Memberships → Cancel subscription.

Cancelling stops all future renewals. Your benefits continue until the end of the period you have already paid for, and you will not be charged again. Unless the venue’s refund policy or the law says otherwise, cancelling does not refund the current period.

If cancelling online does not work, use the contact page with Membership or package as the topic, or email info@golfsimpass.com, and we will work with the venue to stop the renewal. We pass your request to the venue within 2 business days and email you when the renewal is stopped. If a renewal is charged after you asked us to cancel, we will ask the venue to refund it.

Reminders

Where state law requires it, we will email you before an annual membership renews, with the renewal date, the amount and how to cancel, and we will remind you of your renewal terms at least once a year.

Your rights

Nothing in this section limits rights you have under the consumer-protection or automatic-renewal laws of the place where you live.

28Suspension and Termination

You may stop using Golf SimPass at any time and may request account closure through the available account controls or by contacting us.

We may restrict, suspend, or terminate an account where we reasonably believe:

• these Terms have been materially violated;
• the account is fraudulent or unauthorized;
• the account creates a security, privacy, legal, or operational risk;
• the user has harassed or harmed another person;
• the account has manipulated rewards, bookings, scores, or systems;
• continued access would violate law or third-party rights;
• a payment remains lawfully due; or
• suspension is reasonably necessary to investigate an incident.

Where appropriate, we may provide notice and an opportunity to correct a violation. Immediate action may be taken where necessary to protect another person, prevent fraud, secure a system, comply with law, or address a serious violation.

Termination of a Facility’s Golf SimPass participation does not automatically terminate your player account. Your lawful Golf SimPass account and history may continue, while the Facility’s access and future network connection may end.

29Intellectual Property

Golf SimPass, including its software, systems, branding, interfaces, databases, data models, workflows, designs, documentation, graphics, features, and technology, is owned by or licensed to Soarware Labs and is protected by intellectual-property laws.

Subject to these Terms, Soarware Labs grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable right to use Golf SimPass for lawful personal purposes. No rights are granted except those expressly stated.

Golf SimPass, Golf Simulator Automation, GSA Guardian, GSA Guardian Assist, GSA Heartbeat, Soarware Labs, and related names, logos, and branding may be trademarks or trade names of Soarware Labs. You must not use them in a manner likely to create confusion, imply endorsement, or suggest ownership without written permission.

30Third-Party Services

Golf SimPass may contain links to or integrations with third-party services. We do not control every third-party service and are not responsible for its independent terms, privacy practices, content, availability, security, or performance.

Your use of a third-party service may be governed by its own agreement. An integration does not necessarily mean that Soarware Labs endorses the third party or guarantees its service.

31Disclaimers

To the maximum extent permitted by applicable law, Golf SimPass is provided on an “as is” and “as available” basis. We do not warrant that:

• Golf SimPass will always be available, uninterrupted, secure, or error-free;
• every Facility, simulator, booking, statistic, score, stream, integration, or reward will be available or accurate;
• Golf SimPass will improve your golf performance;
• a particular Facility will meet your expectations;
• remote viewing will be uninterrupted or private from misuse by an authorized recipient; or
• third-party systems will remain compatible.

Nothing in these Terms excludes a warranty, representation, condition, right, or remedy that cannot lawfully be excluded.

32Limitation of Liability

Nothing in these Terms limits liability that cannot legally be limited, including liability arising from fraud, wilful misconduct, or any other liability that applicable law prohibits us from excluding.

Subject to that limitation, and to the maximum extent permitted by law:

• Soarware Labs is not responsible for indirect, incidental, special, exemplary, punitive, or consequential damages arising from your use of Golf SimPass;
• Soarware Labs is not responsible for Facility premises, equipment, waivers, personnel, local services, cancellations, refunds, safety conditions, or independently controlled records;
• Soarware Labs is not responsible for third-party simulator, booking, payment, internet, telecommunications, or software failures outside our reasonable control; and
• for claims arising from a free Golf SimPass account, Soarware Labs’s aggregate liability will not exceed CAD $100.

For claims arising directly from a paid Golf SimPass subscription, Soarware Labs’s aggregate liability will not exceed the greater of CAD $100 and the amount you paid directly to Soarware Labs for that subscription during the 12 months preceding the event giving rise to the claim.

These limitations apply only to the extent they are fair, reasonable, and enforceable under applicable law.

33Indemnity for Misuse

To the extent permitted by applicable law, you agree to indemnify and hold Soarware Labs harmless from third-party claims, losses, and reasonable costs arising directly from:

• your unlawful use of Golf SimPass;
• your material violation of these Terms;
• Player Content that infringes another person’s rights;
• your unauthorized recording or broadcasting of another person; or
• your fraud, wilful misconduct, or malicious activity.

This obligation does not apply to the extent a claim was caused by Soarware Labs. For minors, this provision applies only to the extent enforceable and, where applicable, to the parent or guardian who accepted these Terms.

34Notices and Electronic Contracting

You agree that these Terms, the Privacy Policy, confirmations, disclosures, and other notices may be provided electronically. We may send notices through your account, the Golf SimPass website or application, the email address associated with your account, or another electronic method you authorize.

You are responsible for maintaining current contact information. You may retain a copy of these Terms electronically or print them.

35Changes to These Terms

We may update these Terms to reflect changes to Golf SimPass, new features, security or operational requirements, legal or regulatory developments, third-party dependencies, or improved clarity.

The updated Terms will display a revised effective date. Where a change is material, we will provide reasonable notice through Golf SimPass, email, or another appropriate method. Where required by law, we will obtain renewed acceptance or consent.

Changes will not retroactively remove a consumer right or materially alter a completed purchase contrary to applicable law.

36Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law principles.

Subject to mandatory consumer rights, the courts located in Ontario will have jurisdiction over disputes arising from these Terms or Golf SimPass. Nothing in this section prevents you from relying on mandatory rights or bringing a claim in another forum where applicable consumer law gives you that right.

37Resolving Concerns

Before commencing formal proceedings, we encourage you to contact us so that we can try to resolve the concern promptly.

Golf SimPass Support
Soarware Labs Inc.
Golf SimPass
561 Bayfield Street, Suite 1003
Barrie, Ontario, Canada L4M 4Z9

Email: info@golfsimpass.com · Telephone: 1.647.409.1648

This section does not delay or limit any legal deadline, regulatory complaint right, consumer remedy, or urgent court relief.

38General Terms

Entire agreement

These Terms, the Privacy Policy, applicable purchase terms, feature-specific rules, and additional documents expressly incorporated into them form the agreement between you and Soarware Labs regarding Golf SimPass. Facility terms separately govern the Facility’s services.

Priority

Where documents conflict: mandatory applicable law controls; specific purchase or feature terms control for their subject matter; these Terms control general Golf SimPass use; and the Privacy Policy controls the description of our personal-information practices, while an express consent controls the specific optional processing to which it applies.

Assignment

You may not transfer your account or these Terms without our written approval. Soarware Labs may assign these Terms in connection with a corporate reorganization, financing, merger, acquisition, sale of business, or transfer of Golf SimPass, provided the assignee assumes the applicable obligations.

Severability, waiver and headings

If a provision is found unenforceable, it will be interpreted or limited to the minimum extent necessary, and the remaining provisions will continue. A failure to enforce a provision is not a waiver of that provision. Headings are for convenience and do not affect interpretation.

Language

The parties have expressly requested that these Terms and related documents be drawn up in English. Les parties ont expressément demandé que les présentes conditions et les documents qui s’y rattachent soient rédigés en anglais. Additional French-language requirements may apply depending on where Golf SimPass is offered.

Survival

Provisions concerning intellectual property, Player Content already shared, payment obligations, liability, indemnity, dispute resolution, privacy, security, and any provision that by its nature should continue will survive termination.

39Contact Information

Soarware Labs Inc.
Golf SimPass
561 Bayfield Street, Suite 1003
Barrie, Ontario, Canada L4M 4Z9

General support, privacy, and legal notices: info@golfsimpass.com

Telephone: 1.647.409.1648 · Website: GolfSimPass.com

You can also reach us through the contact page.