IT Golf LLC Terms of Service and End User License Agreement

These Terms of Service and End User License Agreement (the "Agreement") are a legal contract between you and IT Golf LLC. We refer to ourselves in this Agreement as "Company," "IT Golf," "Infinite Tees," "we," "us," and "our." This Agreement covers the terms and conditions by which we offer you access to use our games, applications, products, software, course creation tools, Unreal Engine plugins, documentation, websites, and other services made available for download or use (the "Services").

By accessing or using our Services, you are entering into a binding agreement with Company that includes: (i) this Agreement; (ii) our Privacy Policy, available at https://itgolf.io/privacy ("Privacy Policy"); and (iii) any other terms, conditions, or policies linked to in this Agreement or our Privacy Policy. Therefore, please carefully review these documents. If you do not agree with the terms of these documents, you are not permitted to access, download, or otherwise use the Services. If there is a conflict between this Agreement and any other terms or conditions covering a specific area of the Services, the latter terms and conditions shall control unless they expressly state otherwise.

Please read this Agreement carefully, and take particular care when reviewing these sections:

• Dispute Resolution. Please read the binding arbitration clause and class action waiver in Section 11. It affects how disputes between you and us are resolved. You have a time-limited right to opt out of the binding individual arbitration requirement, as explained below.
• Course Builder Terms. When you use our course creation tools ("Superintendent"), you are granted collaborator access to certain Infinite Tees assets. These assets are licensed for use exclusively within Infinite Tees course creation and may not be extracted, redistributed, or used in any other projects or tools. See Section 6 for full details.
• Refund Policy. Please review our Refund Policy in Section 4. You may request a refund within seven (7) days of placing your order, subject to a fifteen dollar ($15) processing fee.
• Code of Conduct. We need your help to ensure that our social and online gaming experiences are inclusive and respectful for all players. Please follow the rules in Section 5 which cover the code of conduct we expect all players to follow.

1. Your Use of the Services

1.1 Age Restrictions

If you are under 18 (or under the legal age of adulthood in your state or country), ask your parent or guardian to review and explain this Agreement to you and to agree to this Agreement on your behalf; they should also supervise your use of the Services. If you are the parent or guardian of children under 18 (or under the legal age of adulthood in your state or country), you agree that you will be responsible for all uses of the Services by your child whether or not such uses were authorized by you.

The Services are not directed at children under the age of 13. If you are under 13 years of age, you are not permitted to use the Services. By using the Services, you represent that you are at least 13 years of age.

You are legally and financially responsible for all actions using or accessing the Services, including the transactions or other actions of anyone you allow to access the Services or your account.

1.2 About This Agreement

We reserve the right to modify this Agreement and to modify, suspend, or discontinue the Services, in whole or in part, at any time. By indicating your acceptance of this Agreement you agree to be bound by the terms of this Agreement (including its dispute resolution terms), as well as our Privacy Policy. If we determine we need to amend this Agreement, we will endeavor to provide you advance notice of such changes to the Agreement through the Services or through other measures that we determine are appropriate. If you indicate your acceptance to such changes to the Agreement after being notified of them, you agree to be bound by the revised terms of this Agreement. If you do not accept the changes, you are not permitted to use the Services.

1.3 Your Account

To access the Services, you must register an account on our website at https://itgolf.io. To create an account, you will be required to provide your email address, create a username and password, and authenticate via Discord. You agree to provide only accurate, current, and complete information about yourself. You are entirely responsible for keeping your account username and password secret. You also agree not to sell, transfer, or share your account, username, or password, and you agree to notify us immediately if you suspect any unauthorized use of your account. We have the right to deny the creation of any account, for any reason, and we reserve the right to terminate any account that we determine violates this Agreement.

2. Limited License

2.1 Your Personal Use

Subject to your continued compliance with this Agreement and an active subscription, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal enjoyment on your devices for use by only one person at a time. The Services, including the Content (defined below), are licensed, not sold. This license is personal to you only and does not give you ownership rights in any features or Content in the Services.

2.2 We Reserve All Rights to Our IP

We, and our licensors, own and reserve all rights, title, and interest in and to the Services, including all information, text, data, files, code, scripts, designs, graphics, artwork, illustrations, photographs, sounds, music, titles, themes, objects, characters, names, dialogue, locations, stories, animation, concepts, audio-visual effects, terrain assets, vegetation assets, course templates, Unreal Engine plugins, interactive features, gameplay, methods of operation, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material; trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including ours; and other forms of intellectual property (all of the foregoing, collectively "Content").

The Services may include third-party code, assets, or plugins. Any third-party scripts, code, or assets linked to or referenced from the Services are licensed to you by the third parties that own such materials, not by us.

2.3 Restrictions

The limited license granted in this Agreement does not give you any right to, and you may not: sell, copy, loan, transfer, assign, lease, disassemble, decompile, decrypt, hack, derive source code from, reverse engineer, modify, create derivative works of, or otherwise exploit the Services (including the Content). You may not extract, redistribute, or repurpose any assets, plugins, textures, models, or other materials provided through the Services for use in any other projects, tools, or applications outside of Infinite Tees.

The Services may be suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. If we terminate your account, any license from us to you to use the Services or any Content ends immediately. Your unauthorized use of the Services and/or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

2.4 Legal Effect

This license describes certain legal rights. You may have other rights under the laws of your state or country. This license does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

3. Subscription Plans

3.1 Available Plans

We offer the following subscription plans for access to the Services:

• Monthly Subscription: $19.99 per month
• Yearly Subscription: $199.99 per year
• Lifetime Access: $499.99 one-time payment (available for limited time periods only, as announced by Company)

Pricing is subject to change. We will provide notice of any price changes before they take effect on your next billing cycle.

3.2 Subscription Benefits

All subscription tiers include:

• Access to the Infinite Tees golf simulation software
• Access to Superintendent course creation tools
• Access to community-created courses
• Software updates and new features
• Access to multiplayer features

3.3 Lifetime Access Availability

Lifetime Access subscriptions are offered only during limited promotional periods as announced by Company. Lifetime Access is not guaranteed to be available at all times and may be discontinued at Company's sole discretion.

4. Payment Terms

4.1 Fees and Billing

Some aspects of the Services require you to pay a subscription fee. We may bill you: (i) in advance; (ii) at the time of purchase; (iii) shortly after purchase; or (iv) on a recurring basis for subscription Services. We will notify you in advance of any change in the amount to be charged for recurring subscription Services.

4.2 Payment

By completing a transaction through your account, you agree to pay for all charges to your account made by you or any third party (including unauthorized charges), and agree to provide accurate and complete payment information to our third-party payment processor, Stripe ("Payment Processor"). You further agree that you are the authorized user of the card, PIN, key, account, or other payment method associated with charges to your account.

We may suspend or cancel the Services if we do not receive an on-time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and any Content.

You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on content, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, we may terminate your access to your account and the Services.

4.3 Recurring Payments

When you purchase the Services on a subscription basis (Monthly or Yearly), you agree that you are authorizing recurring payments, and payments will be made to us or our Payment Processor by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by us.

You must cancel your subscription before the next billing date to stop being charged for the applicable Services. You may cancel your subscription at any time through your account settings at https://itgolf.io. By authorizing recurring payments, you are authorizing us or our Payment Processor to store your payment instrument and to process such payments as electronic debits, fund transfers, or charges to your designated account.

Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any transaction is rejected or denied, we or our Payment Processor reserve the right to collect any applicable return item, rejection, or insufficient funds fee.

4.4 Taxes and Other Charges

You are solely responsible for paying any sales taxes or other charges added at the time you complete a transaction. You are responsible for all bank fees related to any transactions or failed transactions initiated by you, including domestic and international transaction fees.

4.5 Refund Policy

If you request a refund within seven (7) days from the date of your purchase, we may decide to refund your completed transaction amount minus a fifteen dollar ($15) processing fee charged by our Payment Processor. To request a refund, please contact us at hello@itgolf.io. Refunds will be issued to the same form of payment used to make the purchase.

Please understand that we cannot issue refunds for any transactions through any third-party marketplace, and you should carefully review their refund policy(ies), if any.

Lifetime Access purchases are subject to the same 7-day refund policy. After the 7-day period, Lifetime Access purchases are non-refundable.

5. Code of Conduct

5.1 User Rules

You agree that you will only use the Services for lawful purposes, in compliance with this Agreement and applicable laws. You further agree that you will NOT:

• Use the Services in connection with any agreement or arrangement with other individuals to wager any money or other thing of value;
• Restrict or inhibit any other user from using or enjoying the Services (for example, by means of harassment, stalking, threatening, hacking, interfering, adversely affecting, or defacement);
• Use the Services to create, upload, or post any material that is knowingly false, defamatory, or inaccurate, or that we reasonably believe to be offensive to players, including language that is abusive, vulgar, obscene, profane, hateful, harassing, sexually explicit, threatening, or otherwise objectionable, or any material that is invasive of one's privacy, in violation of any law, or is inconsistent with community standards;
• Post, upload, share, or create any user-generated content (including golf courses) or other material using the Services that: (a) violates or infringes the rights of others, including trademark, trade secret, copyright, patent, publicity, personal rights, or other rights; or (b) includes any third party's intellectual property (including, without limitation, trademarks, logos, course designs, or other proprietary materials) without the express written authorization of the owner;
• Name any user-created golf course after a real-world golf course, golf club, or use any trademarked names, logos, or branding associated with real-world golf courses or organizations without express written permission from the rights holder;
• Post, upload, or transmit any information or software that modifies or alters the Services in any way or that contains a virus, worm, timebomb, cancelbot, trojan horse, or other harmful, disruptive, damaging, or corrupted component;
• Make available or use any cheats, hacks, scripts, bots, unauthorized mods, or other methods designed to interact with the Services in any way for any purpose, including to collect, mine, or scrape information, exploit any bugs, or intercept, redirect, or otherwise interfere with the operation of the Services;
• Extract, redistribute, sell, or transfer any assets, plugins, textures, models, or other materials provided through the Services for use outside of Infinite Tees;
• Impersonate any other individual or entity or engage in activity that violates the privacy of others in connection with your use of the Services; and
• Help or encourage others in connection with any of the above or to violate this Agreement.

5.2 Consequences

If you do not follow the acceptable use policies (including the above rules) that we may post and update from time to time on our websites and games, we may, in our sole discretion, stop providing the Services to you, close your account, remove your user-generated content, or take appropriate disciplinary measures to enforce this Agreement. We may also notify law enforcement (or another appropriate government agency) if the breach involves a threat to the life or safety of yourself or others, or any other activity that we believe to be unlawful. We are not liable for any violation of this Agreement by you or by any other user.

5.3 Monitoring

We may (but are not obligated to) actively monitor use of the Services for a wide variety of different purposes, including preventing cheating and hacking, reducing toxic player behavior, and improving the Services. We monitor and collect data regarding use of the Services as explained in our Privacy Policy.

6. Course Builder Terms and User Generated Content

6.1 Superintendent Course Creation Tools

The Services include access to our course creation application, "Superintendent," which allows you to create golf courses for use within Infinite Tees. By using Superintendent, you agree to the following additional terms:

Collaborator Access. By using Superintendent, you are granted collaborator access to the Infinite Tees project assets. This means you may access and use certain paid and proprietary assets (including but not limited to terrain textures, vegetation models, object libraries, and Unreal Engine plugins) solely for the purpose of creating golf courses within Infinite Tees.

Asset Restrictions. You agree that all assets provided through Superintendent and the Infinite Tees project are licensed for use exclusively within Infinite Tees course creation. You may NOT:

• Extract any assets from the Infinite Tees project or Superintendent tools
• Redistribute any assets to third parties
• Use any assets in other projects, games, tools, or applications
• Upload or publish any assets to asset marketplaces (including but not limited to Fab, Unreal Marketplace, or similar platforms)
• Share project files containing Infinite Tees assets with anyone who is not an active Infinite Tees subscriber

Your Own Assets. If you import your own assets (such as LiDAR data, satellite imagery, or custom models that you have created or have rights to use), you retain ownership of those assets. However, any course you create using those assets in combination with Infinite Tees tools is subject to the license grant in Section 6.2.

6.2 User Generated Content License

The Services enable you and others to create, upload, store, access, or share content, including golf courses, terrain modifications, and other materials created by you and/or others ("User Generated Content" or "UGC").

Your Ownership. You retain ownership of the original creative elements of the UGC you create.

License Grant to IT Golf. In exchange for your use of the Services, and to the extent that your UGC gives rise to any copyright interest, you hereby grant IT Golf LLC the worldwide, perpetual, royalty-free, irrevocable, sublicensable, non-exclusive right to use, reproduce, modify, create derivative works based upon, distribute, transmit, publicly display, publicly perform, host, and otherwise use and exploit your UGC for any purpose whatsoever in connection with the Services, including making your courses available to other users, without compensation, notice, or credit to you (though we may choose to provide credit at our discretion).

You hereby waive and agree never to assert any moral rights of paternity, publication, reputation, or attribution with respect to use of your UGC as licensed herein under applicable law.

You represent and warrant that you own the sole unencumbered right in your UGC and to grant this license, and that use of your UGC as granted herein will not violate or infringe the rights of any third parties or cause IT Golf LLC to incur any additional fees or liability.

6.3 Monetization of User Generated Content

You may NOT sell, monetize, or commercially distribute any golf courses or other UGC created using the Services without prior written consent from IT Golf LLC. We may, in the future, establish a marketplace or other system for the sale or distribution of user-created courses, at which time separate terms will apply.

6.4 Removal of User Generated Content

We reserve the right, but are not obligated, to suppress, block, hide, remove, or delete any or all UGC at our sole discretion, including but not limited to UGC that:

• Violates this Agreement
• Infringes on the intellectual property rights of any third party
• Is named after or based on real-world golf courses without proper authorization
• Poses any legal risk to IT Golf LLC
• Is reported to us as potentially infringing

We will report any illegal UGC and related user information to the appropriate authorities.

Requests for Removal. If you wish to have your own UGC removed from the Services, you may submit a request to hello@itgolf.io. We will make reasonable efforts to remove your UGC within a reasonable timeframe, though cached or archived versions may persist for a limited period.

Third-Party Removal Requests. If you are a rights holder and believe that UGC on our platform infringes your intellectual property rights, please contact us at hello@itgolf.io with details of the alleged infringement. We will promptly investigate and take appropriate action, which may include removing the allegedly infringing content.

6.5 Real-World Course Recreations

IT Golf LLC provides tools that allow users to create golf courses, including courses that may be inspired by or based on real-world locations. IT Golf LLC does not endorse, approve, or verify the accuracy or legality of user-created courses.

Disclaimer. IT Golf LLC does not have the ability to review or approve all user-created courses prior to publication. Users are solely responsible for ensuring that their courses do not infringe on any third-party intellectual property rights, including but not limited to trademarks, copyrights, trade dress, or other proprietary rights of real-world golf courses, clubs, or organizations.

Takedown Process. If you are the owner or authorized representative of a real-world golf course or related intellectual property and believe that a user-created course infringes your rights, please contact us at hello@itgolf.io. We will promptly investigate your claim and, if we determine in our sole discretion that the course poses a legal risk, we will remove it from the platform.

You agree to hold IT Golf LLC harmless for any loss or damages arising from your UGC or the UGC of other users.

7. Third Party Services and Launch Monitors

7.1 Third Party Services

Our Services may allow you to access, use, or otherwise interact with content, software, features, products, platforms, and services operated or provided by companies or entities other than us ("Third Party Services").

You understand and acknowledge that the Third Party Services are not provided to you by IT Golf LLC. If you choose to access, use, transact with, or otherwise interact with any Third Party Services, you do so at your own risk. You are solely responsible for your dealings with third parties.

When you access, use, or interact with Third Party Services using our Services, the applicable terms and privacy policies associated with the Third Party Services will govern your use of that Third Party Service.

We do not endorse any Third Party Services that are compatible with, or made available or marketed on or through, the Services.

7.2 Launch Monitors

Infinite Tees may be compatible with various golf launch monitor devices and software. IT Golf LLC does not manufacture, support, or maintain any launch monitor hardware or third-party launch monitor software.

Community Discussion. Users are welcome to discuss launch monitors and their compatibility with Infinite Tees in our community forums and Discord server. However, IT Golf LLC does not provide technical support for third-party launch monitor devices or software.

Official Connectors. IT Golf LLC only officially supports launch monitor connectors that have been developed in partnership with or approved by the respective launch monitor manufacturers. Any other connectors or integration methods are used at your own risk and are not supported by IT Golf LLC.

We are not responsible or liable to you or others for any information, content, materials, or services provided by any Third Party Services or launch monitor manufacturers, or for the results obtained from using them.

8. Updates and Features

8.1 Updates

We may provide patches, updates, or upgrades to the Services that may be required to continue using the Services. Such updates will be delivered automatically and may occur in the background without notice to you. Such updates are subject to this Agreement unless other terms are presented with the updates, in which case, those other terms apply.

We are not obligated to make any patches, updates, or upgrades available. It is your responsibility to ensure your equipment and device(s) meet all the necessary technical specifications to enable you to access and use the Services. We do not guarantee that we will support the version of the system or device for which you licensed, obtained, or purchased any part of the Services.

8.2 Always-Online Requirement

The Services require an active internet connection to function. You acknowledge and agree that you will not be able to access or use the Services without an internet connection. We are not liable for any inability to use the Services due to lack of internet connectivity.

8.3 Availability

The Services and Content may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. We are not liable for any disruption or loss you may suffer as a result of any occasional disruptions and outages in availability of the Services.

8.4 System Requirements

The Services have minimum system requirements that may change over time. It is your responsibility to ensure that your computer and devices meet the current system requirements. We reserve the right to discontinue support for older operating systems, hardware configurations, or software versions at any time.

9. Notice of Copyright Infringement

We respond to notices of copyright infringement submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). If you believe that any Content, user-generated courses, or other material appearing in the Services has been used in a way that constitutes copyright infringement, please submit a notice of alleged infringement to our designated agent with the following written information:

• Your name, address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located within the Services;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Our designated agent is:

IT Golf LLC DMCA Agent
Email: hello@itgolf.io

Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.

10. Governing Law and Jurisdiction

This Agreement is entered into in the State of Georgia and shall be governed by, and construed under, the laws of the State of Georgia without regard to conflict of law rules.

Except as otherwise expressly set out in Section 11 "Dispute Resolution," the exclusive jurisdiction for all disputes that you and IT Golf LLC are not required to arbitrate will be the state and federal courts located in Georgia, and you and IT Golf LLC each waive any objection to jurisdiction and venue in such courts.

You and we further acknowledge and agree that the agreement to arbitrate below affects interstate commerce and that the U.S. Federal Arbitration Act and federal arbitration law apply to arbitrations under this Agreement (despite any other choice of law provision).

11. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY – IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

If you have an issue that cannot be resolved quickly and amicably by contacting our customer support at hello@itgolf.io, this Dispute Resolution section explains how you and IT Golf LLC agree to resolve any Dispute (defined below), including (where applicable) by binding, individual arbitration.

11.1 Background on Arbitration

Arbitration is an alternative dispute-resolution process that allows you and us to try to resolve Disputes without the formality or expense of litigating in court. Arbitration is often faster and less expensive than formal litigation. Disputes that are subject to arbitration are submitted to a neutral arbitrator, who has the power to award the same damages and relief that a court can, instead of being presented in court to a judge or jury.

If you wish to opt-out of this binding individual arbitration requirement, you must comply with the opt-out process set forth in the "Opt-Out Right" paragraph below. This binding individual arbitration requirement will not apply to the extent prohibited by the laws of your country of residence.

11.2 Informal Negotiation Process

In an effort to help us get to a resolution faster and reduce the costs for both parties, you and IT Golf LLC agree to first attempt to informally negotiate any Dispute for at least 30 days (except as set out in the "Exclusions from Arbitration" section below). Those informal negotiations will start on the day you or IT Golf LLC receive a written Notice of a Dispute.

If you have a Dispute with us, you will send written notice to:

IT Golf LLC
ATTN: NOTICE OF DISPUTE
Email: hello@itgolf.io

Include your name, account name or registered email address you use to access the Services, your address, how to contact you, what the problem is, and what you want us to do about it. If we have a Dispute with you, we will send our Notice of Dispute to your registered email address.

Instead of informal negotiations, you and IT Golf LLC agree that either party may bring an individual action in small-claims court for claims that meet the requirements of small-claims court. If the Dispute is not resolved through informal negotiation or small-claims court, you or IT Golf LLC may start an arbitration as set forth in this Agreement.

11.3 Disputes We Both Agree to Arbitrate

You and IT Golf LLC agree that any Dispute that cannot be resolved through the informal negotiation procedures set forth above or in small-claims court will be submitted to and resolved through binding arbitration on an individual basis.

"Dispute" means any dispute, claim, or controversy (except those listed in the "Exclusions from Arbitration" paragraph below) between you and IT Golf LLC, under any legal or equitable theory, including any that relates to your use or attempted use of the Services (including any Content, courses, or UGC), any software related to the Services, and IT Golf LLC's products and services generally, all matters under this Agreement, the Privacy Policy, or any other agreement between you and IT Golf LLC, including the validity, enforceability, and scope of this binding individual arbitration requirement.

You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited. You and IT Golf LLC agree that whether a dispute is subject to arbitration under this Agreement will be determined by the arbitrator rather than a court.

11.4 Exclusions from Arbitration

To the fullest extent permitted by applicable law, the informal negotiation and individual binding arbitration requirements shall not apply to:

• Individual actions duly filed in small claims court of competent jurisdiction on an individual basis;
• Claims relating to or arising from enforcement or validity of intellectual property rights, theft, piracy, or unauthorized use, including any circumvention of technological measures or the creation of cheats or other methods that may interfere with the Services;
• Claims arising from the unauthorized extraction, redistribution, or misuse of Infinite Tees assets or Content;
• Pursuit of enforcement actions through a government agency if the law allows;
• A complaint or remedy under the EU General Data Protection Regulation;
• An action to compel or uphold any prior arbitration decision; and
• The enforceability of the "No Class Actions" paragraph below.

Such claims excluded from informal negotiation and arbitration under this section are subject to the "Governing Law and Jurisdiction" section in this Agreement.

11.5 No Class Actions

The arbitration proceedings in this section will be conducted on an individual basis only. Class actions and class arbitrations are not allowed. You may bring a claim only on behalf of yourself and cannot seek relief that would affect other users of our Services.

Unless both you and IT Golf LLC agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. The arbitrator may award any relief permitted by applicable law only with respect to the individual party seeking relief, but to the maximum extent permitted by applicable law, may not award relief against either party respecting any person other than that individual party seeking relief.

11.6 Arbitration Rules

Except as expressly provided herein, all Disputes between us shall be resolved by arbitration conducted by the American Arbitration Association ("AAA"), in accordance with the then-current AAA Consumer Arbitration Rules, before a single retired judge or professional arbitrator with relevant subject-matter experience.

There shall be one (1) arbitrator, who will be agreed to by the parties within thirty (30) days of receipt by respondent of a copy of the demand for arbitration. If no single arbitrator can be agreed upon by the parties, the arbitrator shall be selected in accordance with the rules of AAA.

The arbitration shall allow for the discovery or exchange of non-privileged information relevant to the Dispute. If you are outside of the United States, the arbitration will be conducted by the International Centre for Dispute Resolution ("ICDR") in accordance with its International Expedited Procedures.

If there is a conflict between AAA rules (or, as applicable, the ICDR rules) and the rules set forth in this agreement to arbitrate, the rules set forth in this agreement to arbitrate will govern. You and IT Golf LLC both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by this Agreement.

11.7 Arbitration Procedures

The party starting an arbitration must take the following steps:

• Write a Demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.adr.org.
• Send one copy of the Demand for Arbitration, one copy of this Agreement, plus the appropriate filing fee to: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043.
• Send one copy of the Demand for Arbitration to the other party. You send us a copy to hello@itgolf.io. We will send our copy to your registered email address.

11.8 Notice and Filing

If a Dispute must be arbitrated, you or IT Golf LLC must start arbitration of the Dispute within two (2) years of the events giving rise to the Dispute. If applicable law requires you to bring a claim for a Dispute sooner than two years after the Dispute first arose, you must start arbitration in that earlier time period. We encourage you to tell us about a Dispute as soon as possible so we can work to resolve it. Failure to provide timely notice will permanently bar all claims.

11.9 Arbitration Fees

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, IT Golf LLC will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you.

If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse IT Golf LLC for all fees associated with the arbitration that IT Golf LLC paid on your behalf, which you otherwise would be obligated to pay under the AAA's rules.

11.10 Decision of the Arbitrator

The arbitrator (not a judge or jury) will resolve the Dispute. Any decision or award by the arbitrator shall be final and binding on the parties. Unless otherwise agreed, any arbitral award shall consist of a written statement stating the disposition of each claim or Dispute and provide a concise written statement of the essential findings and conclusions on which the award is based.

The arbitrator shall be permitted to award only those remedies in law or equity which are requested by the parties and which the arbitrator determines are supported by credible relevant evidence. Unless otherwise expressly consented by IT Golf LLC, the arbitrator may not award relief against IT Golf LLC respecting any person other than you.

Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement.

11.11 Location of Arbitration

The arbitration shall be conducted at a mutually agreed upon location that is reasonably convenient to both parties. If we are unable to agree upon a mutually convenient location within thirty (30) days of receipt by respondent of a copy of the demand for arbitration, the determination shall be made by AAA. Notwithstanding anything to the contrary, you or we may participate in the arbitration by videoconference, phone, and/or document submission to the fullest extent allowable by the arbitrator.

11.12 Confidentiality

Except as may be required by law, the parties shall preserve the confidentiality of all aspects of the arbitration, and shall not disclose to a third party any information made known and documents produced in the arbitration not otherwise in the public domain, all evidence and materials created for the purpose of the arbitration, and all awards arising from the arbitration, except to the extent that disclosure is required by law or regulation, is required to protect or pursue a legal right, or is required to enforce or challenge an award in legal proceedings before a court or other competent judicial authority.

11.13 Jury Trial Waiver

You and we expressly waive the right to a trial by judge or jury. YOU AND WE AGREE AND UNDERSTAND THAT, BY USING ARBITRATION TO RESOLVE DISPUTES, YOU AND WE ARE GIVING UP ANY RIGHT THAT YOU OR WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT TO ARBITRATE.

YOU AND WE FURTHER AGREE THAT ANY CLAIM HEARD IN A COURT OF COMPETENT JURISDICTION WILL BE HEARD BY A JUDGE INSTEAD OF A JURY, EXCEPT WHERE A JURY TRIAL WAIVER IS NOT PERMISSIBLE UNDER APPLICABLE LAW.

11.14 Continuation

This Dispute Resolution section survives any termination of this Agreement or the provision of the Services to you by IT Golf LLC.

11.15 Future Changes

Although IT Golf LLC may revise this Agreement, the Privacy Policy, or other agreements or policies at its discretion, IT Golf LLC does not have the right to alter this agreement to arbitrate or the rules specified herein with respect to any Dispute once that Dispute has accrued.

11.16 Opt-Out Right

You have the right to opt out of this binding individual arbitration requirement and class action waiver. If you do not wish to be bound by the binding individual arbitration and class action waiver in this Agreement, you must notify us in writing of your decision to opt-out within 30 days of the date that you first accept this Agreement or, if we make any changes to this agreement to arbitrate which alter your rights, within thirty (30) days after the effective date of such revision to this agreement to arbitrate, unless a longer period is required by applicable law.

Your written notification must be sent to hello@itgolf.io with the subject line "ARBITRATION OPT-OUT." Your notice must include: (1) your full name; (2) your mailing address; (3) your user account name, if you have one; and (4) a clear statement that you do not wish to resolve disputes with IT Golf LLC through arbitration.

Any opt-out notification received after the applicable deadline or lacking any of the required information will be ineffective and this agreement to arbitrate will remain in full force and effect. If you opt-out of this Agreement to Arbitrate, we also will not be bound by the terms of this Agreement to Arbitrate.

11.17 Severability

If any clause within this Dispute Resolution section is found to be invalid, unenforceable, or illegal, that clause will be severed and the remainder of this Dispute Resolution section will be given full force and effect.

The only exception to this is the "No Class Actions" paragraph. If the "No Class Actions" paragraph is found to be invalid, illegal, or unenforceable in its entirety, this entire Dispute Resolution section will be void and unenforceable, and the Dispute will proceed in court.

Under no circumstances shall arbitration be conducted on a class basis without IT Golf LLC's express consent. If, for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Georgia. Suits brought in state court may be removed to federal court by either party if permissible by law.

12. Warranty Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." NEITHER IT GOLF LLC NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, OR LICENSORS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES, PROMISES, OR GUARANTEES OF ANY KIND WHATSOEVER AS TO THE SOFTWARE, CONTENT, THIRD PARTY SERVICES, OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.

THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICES OR THIRD PARTY SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR FREE OF VIRUSES.

TO THE FULLEST EXTENT PERMITTED BY YOUR LOCAL LAW, THE COMPANY PARTIES DISCLAIM ANY IMPLIED WARRANTIES INCLUDING FOR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY.

13. Limitations of Our Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS, OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

IN THE EVENT YOU HAVE ANY BASIS FOR RECOVERING DAMAGES ARISING FROM THE SERVICES OR A BREACH OF THIS AGREEMENT, YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER FROM THE COMPANY PARTIES DIRECT DAMAGES AND THE MAXIMUM LIABILITY IS LIMITED UP TO AN AMOUNT EQUAL TO THE GREATER OF: (A) FIVE HUNDRED DOLLARS ($500); OR (B) THE TOTAL FEES YOU HAVE PAID TO IT GOLF LLC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with:

• Your breach or alleged breach of this Agreement;
• Any information, content, or golf courses provided by you;
• Your acts or omissions;
• Your violation of any third-party intellectual property rights, including but not limited to creating courses based on real-world golf courses without authorization; and
• Any unauthorized extraction, redistribution, or misuse of Infinite Tees assets or Content.

The Company Parties reserve the right to assume, at their own expense, the exclusive defense and control of any matter subject to indemnification by you, and in such case you agree to cooperate with our defense of any claim.

You are solely responsible for any third-party costs you incur to use the Services, and you bear all risk of loss for accessing or using the Services.

15. Termination

15.1 Termination by You

You may stop using the Services at any time by canceling your subscription through your account settings at https://itgolf.io. You may also terminate this Agreement by destroying and/or deleting all copies of any materials or software in your possession.

15.2 Termination by Us

We may modify, suspend, discontinue, substitute, remove, replace, or limit your access to any aspect of the Services or Content at any time to the fullest extent under applicable law. We may suspend or terminate this Agreement and/or your access to any aspects of the Services or Content immediately if we, in our sole discretion, determine you violate this Agreement.

You understand, acknowledge, and agree that our decision to suspend or terminate this Agreement and/or your access to any part of the Services or Content, in our sole and absolute discretion, shall be final, binding, and conclusive upon you, and that we shall have no responsibility or liability to you whatsoever at any time in connection therewith.

15.3 Effects of Termination

If your use of the Services is terminated, whether by you or us:

• The rights granted to you under this Agreement will stop immediately;
• You must stop using the Services and Content;
• Your account information will be deleted or otherwise disassociated from you (unless otherwise required by law);
• Any golf courses or UGC you have created will be removed from our servers;
• You will not be able to access any game history, courses, Content, or other information stored on the Services.

We are not required to store, return, or transfer any of your data, courses, or UGC after termination.

15.4 Refunds Upon Termination

If you terminate your subscription before the end of any subscription period, you will not be entitled to a refund of your prepaid fees.

If we terminate your account or this Agreement before the end of any subscription period for any reason other than your breach of this Agreement and you are thereafter unable to access the Services, we will refund you any fees you have prepaid for the remaining subscription period on a pro rata basis.

16. Photosensitive Seizure Warning

WARNING: PHOTOSENSITIVITY/EPILEPSY SEIZURES. A very small percentage of people may experience a seizure when exposed to certain visual images, including flashing lights or patterns that may appear in video games. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these "photosensitive epileptic seizures" while playing video games.

17. Miscellaneous

17.1 General

This Agreement is the entire agreement between you and us for your use of the Services. It supersedes any prior agreements between you and us regarding your use of the Services. We may assign this Agreement, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under this Agreement or transfer any rights to use the Services.

All parts of this Agreement apply to the fullest extent permitted by applicable law. Section 11 prevails over this section in the event of any inconsistency with it. All Sections that by their nature apply after this Agreement ends will survive any termination or cancellation of this Agreement.

We reserve the right to investigate and prosecute any suspected breaches of this Agreement or use of the Services. We may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.

17.2 Severability

If any clause within this Agreement is found to be invalid, unenforceable, or illegal, that clause will be limited or eliminated to the minimum extent necessary and the remainder of this Agreement will be given full force and effect.

17.3 Remedies

In the event that you breach this Agreement, you hereby agree that we would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to obtain equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

17.4 Contact Us

If you have any questions or concerns about the Services or this Agreement, please contact us at hello@itgolf.io.

17.5 Export Laws

You acknowledge and understand that the Services may be subject to U.S. and other export control and sanctions laws and regulations. You represent that you are not a Sanctioned Person and agree not to take any action that will cause anyone, including IT Golf LLC, to be in violation of any applicable export controls and sanctions laws.