Terms and Conditions

Updated version dated 2025-03-24.

PLEASE READ THESE LICENSE TERMS CAREFULLY.

This licence agreement (Licence) is a legal agreement between you (Licensee, you or your) and Great Detail Limited, a company incorporated in England and Wales under registered company number 11523667 whose registered office is at 71-75 Shelton Street, Covent Garden, London, England WC2H 9JQ  (Licensor, us, we or our).

We license use of the Product to you on the basis of this Licence. We do not sell the Product to you. We remain the owners of the Product at all times. This Licence is between you and us and no other party.

IF YOU ARE A CONSUMER, YOU CAN ONLY ENTER INTO THESE LICENCE TERMS IF YOU ARE AT LEAST 18 YEARS OF AGE.  THE PRODUCT MADE AVAILABLE TO YOU UNDER THIS LICENCE WILL ONLY WORK WITH CERTAIN LAUNCH MONITORS AND DEVICES.  THESE LAUNCH MONITORS AND DEVICES MUST BE SEPARATELY PURCHASED BY YOU AND YOU MUST ENSURE THAT THEY ARE COMPATIBLE WITH THE PRODUCT.  FOR MORE INFORMATION, PLEASE REVIEW THE STORE PRODUCT DESCRIPTION AND VISIT AWESOME-GOLF.COM\FAQ BEFORE PURCHASING.

AGREED TERMS

1. Definitions

• AI Support Feature: Any artificial intelligence-powered tool or functionality integrated into the Product, including but not limited to automated recommendations, insights, and chat-based support.
• AI-Generated Content: Any content, data, or suggestions produced by AI within the Product.
• Awesome Golf Software App: The relevant app we have made available to you for installation via the Store, including (but not limited to): Awesome Golf Community app, Awesome Golf Range app, Awesome Golf Indoor Facility app and Awesome Golf Simulator app.
• Billing Grace Period: The period of 7 days during which we or our appointed third party agree to continue to permit your access to the Product for free while you correct a billing error.
• Content: The data (including internet links, text, graphics, videos, or other digital material) that you have posted (or permitted to be posted) into your Product.
• Corporate: Any sole trader, company, corporation or other body corporate (in each case, wherever and however incorporated or established) which has entered into this Licence for a commercial purpose.
• Device: The hardware (for example, PC, laptop, tablet and/or smart phone) and necessary software owned or controlled by you, on which the Product is installed and which is compatible with the Product, as defined in the Product Store and at awesome-golf.com\faq.
• Intellectual Property Rights: All patent rights, copyrights, trademark rights, rights in trade secrets, database rights, moral rights, and any other intellectual property rights (registered or unregistered) throughout the world.
• Launch Monitor: Your external monitor (defined by manufacturer, model name and model number) to which your Product connects to on its first installation and which is owned or controlled by you.  Such monitor must be compatible with the Product, as further defined in the Product Store and at awesome-golf.com\faq.
• Payment Processor: The entity (authorized by the Licensor or the Store Provider) to provide payment services to enable you to purchase a licence for the Product from the Store and deal with all related financial transactions.
• Product Account: The account settings and details provided by you to us as part of the Product installation process.
• Product: A single copy of the relevant Awesome Golf Software App (compiled version only), including all subsequent updates and releases, and all associated documentation provided by us or the Store Provider, as such Product is further defined in the Product Store and at awesome-golf.com\faq.  The Product is only currently available in an English language version.
• Store Product Description: The Store’s metadata, review notes and other information which describe the Product (including pricing, subscription details, product description and contact details for the Support Desk) in the Store, as updated by us from time to time.
• Store Provider: The entity (including all entities within its group of companies) that provides you access to the Store.
• Store: The electronic store, accessed via the internet, from which you may or have purchased the Product.
• Support Desk: The first-line team (including the systems and supporting technology) provided by the Licensor (or our appointed third party) to assist you with technical issues and support in accordance with this Licence.  Contact details for the Support Desk are provided in the Store Product Description.
• Term: The period you have paid for to use the Product under this Licence which will be: (a) for a trial period not exceeding 14 days;  (b) for a lifetime (i.e. in perpetuity); or (c) on a monthly subscription basis. Following your payment, the Term will be updated by us from a trial period to a lifetime or monthly subscription.

2. Grant and Scope of License, and Product updates

2.1. In consideration of you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you, during the Term, a non-exclusive, non-transferable, world-wide (subject to condition 12.8) licence to use the Product on your Device with your Launch Monitor.  You are not permitted to sub-licence the Product under this condition 2.1 unless you are a Corporate and have been appointed as our reseller under a separate agreement or you are a customer of such reseller and have (in each case) purchased the Product from the Store.

2.2. You:

1. must, as part of the Product installation process, provide the information requested  in the Product Account (please see condition 10 to see how we use your information) and you confirm that you will accurately complete this information;
2. are responsible for maintaining the confidentiality of your Product Account and associated identity and password. You agree to accept responsibility for all activities or actions that occur under your Product Account and agree to notify the Support Desk promptly upon becoming aware of any breach of security or unauthorized use of your Product Account;
3. must install and use the Product:
   • (i) on a Device owned or controlled by you; and
   • (ii) for use with just one Launch Monitor owned or controlled by you which will be the first Launch Monitor that the Product connects to as part of the first install process;
4. must comply with all third-party terms of agreement when using the Product, relating to the Launch Monitor, the Device and the Store;
5. may download and use the Product on more than one Device, each such Device must be owned or controlled by you, provided that only one installation of the Product is used at any one time with the Launch Monitor; and
6. will download, install and use any later updates to the Product incorporating error corrections and functional enhancements made available to you in the Store  from time to time.

2.3. To ensure compatibility, the Product may be upgraded  by us from time to time to reflect functional enhancements and third-party changes to your Device and Launch Monitor.  You acknowledge, at all times, that it is your responsibility to check that the Product is compatibility with your Device and Launch Monitor, as such information is made available to you by the Support Desk, in the Store Product Description and at awesome-golf.com\faq.

2.4. We may update or require you to update to a later version of the Product from time to time, provided that such Product shall always match the then Store Description and there will be no material loss of functionality when compared to your previous version of the Product.

2.5. If you replace your original Launch Monitor with a later Launch Monitor (which you must ensure is compatible with the Product) we will assist you to change the Product so that it works with such later Launch Monitor and not the original Launch Monitor.  Please contact the Support Desk.

3. Restrictions

Except as expressly set out in this Licence or as permitted by applicable law, you undertake:

1. not to copy the Product, except where such copying is incidental to normal use of the Product or where it is necessary for the purpose of backing up your Device;
2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Product nor permit the Product or any part of it to be combined with, or become incorporated in, any other software or system;
3. not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Product nor attempt to do any such things, except to the extent that it is expressly permitted by applicable law; and
4. not to provide, or otherwise make available, the Product in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any other person without our prior written consent.

4. License Fees

4.1. For the use of the Product in accordance with this Licence, you agree to pay us (or the Store Provider) the licence fee stated in the Store Product Description (plus any sales, use, goods and services, value added, telecommunications or other similar tax or levy under applicable law).

4.2. You may purchase a licence on either a lifetime basis or on a monthly subscription basis (where such monthly subscription is made available to you in the Store for the country where you are located).  A licence purchased by you on a monthly subscription basis has an initial term of 1 calendar month and will then automatically renew for each subsequent calendar month following each further monthly payment.  You may cancel your monthly subscription at any time following the first calendar month  by terminating this Licence within your Product Account settings.

4.3. From time to time we may change the monthly subscription licence fees.  In such case, we will first provide you with at least 60 days written notice of our intention.  During this period, you will have an opportunity to terminate your monthly subscription by terminating within your Product Account settings or providing the Support Desk with a written notice but, in each case, such termination must be completed before the increase becomes effective.  Your continued use of the Product following the end of such 60 day period constitutes your acceptance of the modified monthly subscription licence fees.

4.4. We or the Store Provider may appoint a Payment Processor.

5. Intellectual Property Rights

5.1. You acknowledge that all Intellectual Property Rights in the Product throughout the world belong to us, that rights in the Product are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Product other than the right to use the Product in accordance with the terms of this Licence.

5.2. You acknowledge that you have no right to have access to the Product in source code.

5.3. You and the Licensor acknowledge that, in the event of any third-party claim that the Product or your possession and use of that Product infringes that third party’s intellectual property rights, the Licensor, not the Store Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

5.4. You may not use our trademarks or logos without our prior written approval.

6. Our Warranties to You

6.1. We warrant that: (a) the Product, when used properly in accordance with these Licence terms, will perform substantially in accordance with the functions described in the Store Product Description and its documentation; and (b) we will provide the Product and our related services using reasonable skill and care.  These warranties are subject to conditions 6.2 and 6.6. 

6.2. Taking into account the interconnected nature of software and the internet, we do not warrant that your use of the Product will be fault free or uninterrupted.  The Product may contain links we have included to third party web sites or apps and we are not responsible for and, to the maximum extent permitted by applicable law, have no warranty obligations or liability in respect of such third-party websites or apps.

6.3. If you are unable to install the Product correctly or you have reasonable grounds to believe it is malfunctioning, the Support Desk will provide you, on a reasonable endeavours basis, with remote telephone support to resolve the issues.  To provide this support, you must provide the Support Desk with details of your Product (including proof of purchase), Device, Launch Monitor, interne access service and a reasonable description of the issues encountered.  You may also need to provide the Support Desk with additional information and work with it to resolve the issues you have identified.  You acknowledge that the maintenance and support services for the Product are only provided by the Support Desk and that no other third party is responsible for the provision of maintenance and support services.

6.4. If you are not satisfied with your Product, you may request a full no-fault refund of the licence fee you have paid up to that point, provided that you give us reasonable proof of purchase and that such request is received by the Support Desk within 14 days (Apple / iOS) or 30 days (Android or Paddle) from you first entering into this Licence. The App Store (Apple), Google Play Store (Android) or Paddle (PC) will process your request and make the refund within a further 30 days.

6.5. If the Product fails to conform to any warranty provided under condition 6.1 or under applicable law, you must promptly notify us, and we (or the Store Provider) will refund you the full purchase price of the Product and that, to the maximum extent permitted by applicable law, we (and the Store Provider) will have no other warranty obligation to you with respect to the Product.

6.6. We shall not be responsible for any fault or failure in the Product and the warranty provided in condition 6.1 shall not apply:

1. if you attempt to use the Product with a non-compatible device or launch monitor;
2. if such fault or failure in the Product has been caused by a fault or failure in your internet connection, your Device or Launch Monitor;
3. if such fault or failure in the Product results from you (or your appointed third party) having altered or modified the Product in a manner that we have not approved or set out in the Product’s documentation; or
4. if such fault or failure in the Product results from you having used the Product in breach of these Licence terms.

6.7. The warranties provided under these Licence terms are in addition to your legal rights in law. If you are a consumer, advice about your legal rights are available from your local consumer organization under applicable law.

7. Our Responsibility for Loss or Damage Suffered by You

7.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Licence or our failing to use reasonable care and skill , but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Licence was made, both we and you knew it might happen.

7.2. Throughout this Licence we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

7.3. When we are liable for damage to your property. If the defective digital content that we have supplied damages the Device or Launch Monitor belonging to you, we will either repair the damage or pay you reasonable compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have conformed with the terms of this Licence.

7.4. If you are a Corporate, we will not be liable for certain types of losses under this condition 7.4. Under or in connection with this Licence, we shall not in any circumstances be liable, whether in contract, tort (including negligence) or otherwise for: loss of profits; or loss of business; or depletion of goodwill; or loss of anticipated savings; or loss of customers; or loss of use; or loss or corruption of data or information; or any indirect or consequential loss.

7.5. If you are a Corporate, we have imposed a liability cap under this condition 7.5. Our total aggregate liability in contract, tort (including negligence) or otherwise, arising under or in connection with this Licence shall in all circumstances be limited to the sum of the licence fees paid by you.

7.6. Responsibility for claims: The Licensor, not the Store Provider, is responsible for addressing any claims from you or any third party relating to the Product or your  possession and/or use of that Product, including, but not limited to: (a) product liability claims; (b) any claim that the Product fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

7.7. Meeting requirements: You acknowledge that the Product has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Product meet your requirements, as described in the in the Store Product Description and at awesome-golf.com\faq.

8. Termination

8.1. We may terminate this Licence immediately:

1. without written notice where you have entered into a Licence and you have failed to make a due payment by the end of the Billing Grace Period;
2. following payment to you of a licence fee refund in accordance with conditions 6.4 and 6.5; and
3. by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.

8.2. Upon termination for any reason:

1. all rights granted to you under this Licence shall immediately cease;
2. you must  immediately cease all activities authorized by this Licence;
3. we may disable settings in your Product Account which will prevent you from using the Product with the Device and/or the Launch Monitor; and 
4. you must immediately delete or remove the Product from all Devices in your possession or control.

9. Communications Between us

9.1. If you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by email to the address in the Store Product Description or by pre-paid post to our address at the top of this Licence.

9.2. If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide or confirm to us.

9.3. Unless otherwise stated in the Store Product Description, all emails and documents (including support issues, complaints, disputes and claims) need to be communicated and delivered to us in English.

10. AI Support and Usage

10.1. The Product may include AI-driven assistance features designed to enhance user experience. These features may provide automated responses, insights, or recommendations.

10.2. AI-generated content is for informational purposes only and should not be relied upon as a substitute for professional judgment or expertise.

10.3. AI-generated content may not always be accurate, complete, or up to date. Users should verify AI-generated information before making decisions.

10.4. The Licensor is not responsible for any errors, omissions, or consequences resulting from reliance on AI-generated content.

10.5. Users must not use the AI support feature for illegal, unethical, or abusive purposes.

10.6. Users do not acquire ownership of AI-generated content and may not use it for commercial purposes without explicit permission.

10.7. Users shall not attempt to reverse-engineer or manipulate AI algorithms embedded in the Product

11. Our Use of Your Personal Information

11.1. Under data protection legislation, we are required to provide you with certain information about who we are, how we process your (or your data subject’s) personal data and for what purposes and your (or your data subject’s) rights in relation to your personal data and how to exercise them. This information is provided in Privacy Policy – Awesome Golf  and it is important that you read that information.

11.2. AI features may process user input to improve responses but will not store personal data beyond session-based processing.

11.3. We comply with all applicable data protection laws regarding AI functionalities.

12. Your Content

12.1. You are responsible for the Content that you post on or through the Product, including its compliance with applicable law, its accuracy, and public appropriateness.  We are not responsible for such Content and, to the maximum extent permitted by applicable law, have no warranty obligations or liability in respect of such Content.

12.2. By posting (or by permitting the posting of) Content on or through the Product, you warrant that: (a) the Content is yours and/or you have all the necessary Intellectual Property Rights to grant us the licence in condition 11.3; and (b) that the posting of such Content on or through the Product does not violate the privacy rights, publicity rights, confidentiality rights or Intellectual Property Rights or any other rights under applicable law of any third party.

12.3. You (or your third-party licensors) retain all Intellectual Property Rights in the Content you (or they) submit, post or display on or through the Product and you are responsible for acquiring and protecting all such Intellectual Property Rights. However, by posting (or by permitting the posting of) Content using the Product you grant us the right and license to use, copy, store, load, modify, publicly perform, publicly display, reproduce, sub-license and distribute such Content on and through the Product. You agree that this license includes the right for us to make your Content available to other users of the Product, who may also use your Content subject always to these Licence terms.

12.4. You acknowledge that we have the right but not the obligation to reasonably monitor and/or take down any Content which, in our reasonable opinion, is in breach of these Licence terms, public appropriateness or applicable law.

13. Other Important Terms

13.1. We may transfer our rights and obligations under these terms to another entity. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Licence. You may only transfer your rights or your obligations under this Licence to another person if we agree to this in writing.

13.2. Except in respect of the Store Provider, no one other than a party to this agreement, their successors and permitted assignees, shall have any right to enforce any of its terms. The Store Provider has the right to enforce this Licence against you as a third-party beneficiary.

13.3. Each of the conditions of these Licence terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining conditions will remain in full force and effect.

13.4. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Licence, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

13.5. This Licence constitutes the entire agreement between you and us with respect to the use of the Product and related services and, except as otherwise stated in this Licence, supersedes all prior understandings and agreements regarding its subject matter.

13.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can only bring legal proceedings in respect of this Licence in the English courts.

13.7. If you are a consumer, you may use an alternative dispute resolution under this Condition 12.7. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. In such case, please contact the Support Desk and we will provide you with the details of the alternative dispute resolution entity we work with to resolve your dispute. If you are not satisfied with the outcome from the alternative dispute resolution entity you can still bring legal proceedings in accordance with this Licence.

13.8. USA legal compliance:  You agree to comply with all applicable technology control or export laws and regulations that apply in your country.  Please note, because of internet restrictions the Product does not work and is not supported by us in China.  You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.