AVA Golf

Terms of Service

Last Updated: May 14, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING AN AGREEMENT TO ARBITRATE DISPUTES INDIVIDUALLY AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTION 15). BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.

Introduction

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and AVA Golf, Inc. (“AVA Golf,” “we,” “us,” or “our”), a Delaware C-corporation with offices at 169 Madison Ave #2003, New York, NY 10016, governing your access to and use of AVA Golf™‘s products, platforms, and services, including:

  • The AVA Golf™ web application (avagolf.com)
  • AVA Golf™ mobile applications (iOS and Android)
  • All content, features, data integrations, coaching tools, video content, and functionality made available through the foregoing (collectively, the “Services”)

AVA Golf, Inc is a wholly-owned subsidiary of ParOne, Inc., a Delaware C-corporation.

By creating an account, subscribing, or otherwise accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Services.

Contact: support@avagolf.com | 169 Madison Ave #2003, New York, NY 10016

Table of Contents

  1. Eligibility
  2. Account Registration
  3. Subscription and Payment
  4. Auto-Renewal and Cancellation
  5. Our Services
  6. Intellectual Property Rights
  7. User Content and Submissions
  8. AVA Golf Content — Restrictions on Use
  9. Third-Party Data Integrations
  10. Shared Access and Authorized Users
  11. API Access
  12. Prohibited Activities
  13. Modifications and Interruptions
  14. Term and Termination
  15. Dispute Resolution and Arbitration
  16. Disclaimer of Warranties
  17. Limitation of Liability
  18. Indemnification
  19. Governing Law
  20. Privacy Policy
  21. Electronic Communications
  22. Miscellaneous
  23. Contact Us

1. Eligibility

You must be at least 13 years of age to create an account and use the Services. By using the Services, you represent and warrant that:

  • You are at least 13 years old;
  • You have the legal capacity to enter into a binding contract, or if you are between the ages of 13 and 17, that your parent or legal guardian has reviewed and agreed to these Terms on your behalf;
  • You are not located in a jurisdiction where use of the Services is prohibited by applicable law;
  • You will comply with these Terms and all applicable local, state, national, and international laws and regulations.

If you are between the ages of 13 and 17, you may only use the Services with the express consent and active supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. By permitting a minor to use the Services, the parent or legal guardian accepts full responsibility for that minor’s use of the Services and compliance with these Terms.

The Services are not directed to children under the age of 13. We reserve the right to verify age and to terminate accounts where eligibility requirements are not met.

2. Account Registration

2.1 Creating an Account

To access the Services, you must create an account by providing accurate, complete, and current information including your name, email address, and payment information. You agree to maintain and promptly update your account information to keep it accurate and complete at all times.

2.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you. You agree to:

  • Use a strong, unique password for your account;
  • Notify AVA Golf™ immediately at support@avagolf.com of any unauthorized access to or use of your account;
  • Log out of your account at the end of each session on shared devices.

AVA Golf™ will not be liable for any loss or damage arising from your failure to maintain the security of your account. All registrations and accounts are the exclusive property of AVA Golf™ and may not be transferred, sold, or assigned to any third party.

2.3 One Account Per User

Each subscription is for a single individual user account. You may not share your account credentials with any other person. Authorized sharing of data with coaches or family members is governed by Section 10.

2.4 Account Information

AVA Golf™ reserves the right to reclaim, modify, or remove any username or account identifier that is inappropriate, misleading, or in violation of these Terms, in its sole discretion.

3. Subscription and Payment

3.1 Subscription Fee

Access to the Services requires a paid subscription. The current subscription fee is $100.00 per month (“Subscription Fee”). All fees are stated in U.S. dollars and are exclusive of applicable taxes. AVA Golf™ reserves the right to change the Subscription Fee at any time upon advance notice to you, as described in Section 3.4.

3.2 Payment Processing

All payments are processed by Stripe, Inc. (“Stripe”), AVA Golf’s third-party payment processor. By subscribing, you authorize AVA Golf™ and Stripe to charge your designated payment method for the Subscription Fee and any applicable taxes on a recurring monthly basis. Your payment information is stored and processed by Stripe in accordance with Stripe’s Privacy Policy. AVA Golf™ does not store your full payment card number.

Accepted payment methods are those made available through Stripe at the time of your subscription, which may include major credit and debit cards and such other methods as Stripe makes available.

3.3 Taxes

Where required by applicable law, AVA Golf™ will calculate and collect sales tax or similar transaction taxes on your subscription and remit such amounts to the relevant tax authority. You are responsible for all other taxes, duties, levies, or charges imposed on you by any governmental authority in connection with your subscription, including without limitation any value-added tax (VAT), goods and services tax (GST), or similar taxes applicable in your jurisdiction that AVA Golf™ is not required by law to collect.

3.4 Price Changes

AVA Golf™ may change the Subscription Fee at any time. We will provide you with at least 30 days’ advance written notice of any price increase before it takes effect. Your continued use of the Services after the effective date of a price change constitutes your acceptance of the new Subscription Fee. If you do not accept a price change, you must cancel your subscription before the change takes effect.

3.5 No Refunds

All subscription fees are non-refundable except as expressly required by applicable law. There are no refunds or credits for partial months of service, downgrades, or unused periods following cancellation. Upon cancellation, you will retain access to the Services through the end of your current billing period.

4. Auto-Renewal and Cancellation

4.1 Auto-Renewal

Your subscription will automatically renew at the end of each monthly billing period at the then-current Subscription Fee unless you cancel prior to the renewal date. By subscribing, you authorize AVA Golf™ and Stripe to charge your payment method on a recurring monthly basis without further action by you. You will receive a receipt for each charge via email.

The auto-renewal terms, recurring price, and cancellation method are also disclosed on the payment screen at the time of purchase, where you provide separate affirmative consent.

4.2 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support@avagolf.com. Cancellation will take effect at the end of your current billing period. You will not receive a refund for any unused portion of your current billing period. To avoid being charged for the next billing period, you must cancel at least 24 hours before your next renewal date.

4.3 Failed Payments

If a payment fails or is rejected, AVA Golf™ reserves the right to suspend or terminate your access to the Services. AVA Golf™ may attempt to reprocess failed payments. You are responsible for ensuring that your payment method remains valid and up to date.

5. Our Services

5.1 Description

AVA Golf™ provides a golf performance platform that aggregates data from multiple authorized sources to deliver Personalized Progression coaching and personalized insights, including rules-based performance analysis, instructional video recommendations, handicap integration, and related golf improvement features.

5.2 Service Changes

AVA Golf™ reserves the right to modify, update, suspend, or discontinue any aspect of the Services at any time, with or without notice. We may add, remove, or change features, content, data integrations, pricing tiers, or any other component of the Services in our sole discretion. We will make reasonable efforts to notify you of material changes.

5.3 No Guarantee of Results

The Services are provided for informational and coaching support purposes only. AVA Golf™ makes no representation or warranty that use of the Services will result in any specific improvement in your golf game, handicap, or performance. Results will vary by user.

5.4 No Professional Advice

Nothing in the Services constitutes professional instruction, medical advice, or physical training guidance. You use any coaching insights or recommendations at your own risk and should consult a qualified golf professional for personalized instruction.

5.5 Service Availability

AVA Golf™ does not guarantee that the Services will be available at all times, uninterrupted, or error-free. The Services may be subject to downtime for maintenance, updates, or circumstances beyond our control. AVA Golf™ will not be liable for any unavailability of the Services.

6. Intellectual Property Rights

6.1 AVA Golf™ Ownership

AVA Golf™ and its licensors own all right, title, and interest in and to the Services and all content, features, functionality, software, algorithms, models, source code, databases, designs, text, graphics, audio, video, and other materials made available through the Services (collectively, “AVA Golf™ Content”), including all intellectual property rights therein. AVA Golf™ Content is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.

This includes, without limitation:

  • All Personalized Progression coaching outputs, performance analyses, and insights generated by the Services based on your data
  • All instructional video content and associated metadata
  • All machine learning models, recommendation algorithms, and analytical frameworks developed by AVA Golf™
  • All AVA Golf™ trademarks, service marks, logos, and brand elements
  • The AVA Golf™ platform architecture, user interface, and user experience design

6.2 License to Use

Subject to your compliance with these Terms and payment of the applicable Subscription Fee, AVA Golf™ grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial golf improvement purposes during the term of your subscription. This license does not include any rights to:

  • Copy, reproduce, distribute, publicly display, or create derivative works of any AVA Golf™ Content
  • Download, export, or extract any AVA Golf™ Content from the Services
  • Use any AVA Golf™ Content for commercial purposes
  • Access the Services by automated means (bots, scrapers, crawlers, or similar tools)
  • Reverse engineer, decompile, or disassemble any component of the Services

All rights not expressly granted in these Terms are reserved by AVA Golf™.

6.3 Feedback

If you provide AVA Golf™ with any suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Services (“Feedback”), you hereby assign to AVA Golf™ all right, title, and interest in and to such Feedback, including all intellectual property rights therein. AVA Golf™ may use Feedback for any purpose without restriction or compensation to you. You waive any moral rights you may have in such Feedback to the fullest extent permitted by applicable law.

6.4 Trademarks

AVA Golf™ has filed for trademark registration of the word mark “AVA Golf,” the AVA Golf logo, and the AVA Golf stylized wordmark with the United States Patent and Trademark Office. All related marks, names, and logos are proprietary to AVA Golf, Inc. All other trademarks, service marks, and logos used in the Services are the property of their respective owners. Nothing in these Terms grants you any right to use AVA Golf™‘s marks, names, or logos without prior written permission.

7. User Content and Submissions

7.1 User Content

The Services may allow you to submit, upload, or create certain content, including notes, goals, coaching session records, feedback, and other information (“User Content”). You retain ownership of User Content that you create, subject to the license granted in Section 7.2.

7.2 License Grant to AVA Golf™

By submitting User Content through the Services, you grant AVA Golf™ a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with:

  • Operating, maintaining, and improving the Services
  • Training, validating, and improving AVA Golf™‘s proprietary machine learning models and analytical systems
  • Developing new products and features
  • Any other lawful business purpose of AVA Golf™ or its affiliates

This license survives termination of your account and these Terms.

7.3 User Representations

By submitting User Content, you represent and warrant that:

  • You own or have all necessary rights to submit the User Content and to grant the license above;
  • The User Content does not infringe any third party’s intellectual property, privacy, publicity, or other rights;
  • The User Content complies with these Terms and all applicable laws.

7.4 AVA Golf™‘s Rights Over User Content

AVA Golf™ reserves the right, but is not obligated, to review, monitor, edit, refuse, or remove any User Content at any time and for any reason, in its sole discretion, without notice or liability to you.

7.5 Confidentiality of User Content

AVA Golf™ does not guarantee confidentiality of User Content beyond what is described in the Privacy Policy. Personal information you provide is handled in accordance with our Privacy Policy. Do not submit User Content that contains sensitive personal information, financial data, health records, or other information you consider highly confidential beyond what is necessary to use the Services.

8. AVA Golf™ Content — Restrictions on Use

AVA Golf™ Content — including instructional video content, platform user interface and design, analytical frameworks, recommendation outputs, and other materials created or owned by AVA Golf™ — is licensed to you for viewing and personal use within the Services only.

With respect to instructional video content and platform UI/design specifically, you may not:

  • Download, save, copy, screenshot, or extract such content from the Services in any format
  • Export, share, transmit, or distribute such content to any third party
  • Reproduce such content on any other platform, website, application, or medium
  • Use such content for any commercial purpose whatsoever
  • Remove or alter any copyright, trademark, or proprietary notices

With respect to performance analyses, coaching outputs, and round summaries generated from your own golf data, you may view and use such outputs for your personal golf improvement purposes within the Services. You may not use such outputs for commercial purposes, publish them publicly in a manner that reproduces AVA Golf™‘s analytical methodology, or use them to develop or benchmark competing products or services.

Any unauthorized use of AVA Golf™ Content constitutes a material breach of these Terms and may infringe AVA Golf™‘s intellectual property rights, entitling AVA Golf™ to seek all available remedies including injunctive relief and monetary damages.

9. Third-Party Data Integrations

9.1 Authorized Integrations

The Services integrate with third-party data platforms including Garmin International, Inc., Arccos Golf LLC, the United States Golf Association (USGA), and others that may be added over time (each, a “Data Partner”). These integrations allow AVA Golf™ to pull authorized data from your Data Partner accounts into the Services.

In addition to live API integrations, the Services allow you to import golf performance data via CSV file upload from launch monitor devices and other third-party sources not otherwise integrated with AVA Golf™ (“Imported Data”). You are solely responsible for ensuring that any Imported Data you upload is accurate, that you have the right to upload and use such data within the Services, and that doing so does not violate any third-party terms of service or intellectual property rights. AVA Golf™ is not responsible for the accuracy, completeness, or integrity of Imported Data.

9.2 Your Responsibility to Comply with Third-Party Terms

By connecting a Data Partner account to the Services, you represent and warrant that:

  • You are an authorized user of that Data Partner’s platform and have agreed to their applicable terms of service;
  • You have the right to authorize AVA Golf™ to access your data from that platform;
  • Your use of the integration complies with the Data Partner’s terms of service and any restrictions they impose.

AVA Golf™ is not responsible for your compliance with Data Partner terms of service. Violation of a Data Partner’s terms that results in termination of AVA Golf™‘s access to that integration is not a basis for a refund or claim against AVA Golf™.

9.3 Data Partner Terms Govern Their Platforms

Each Data Partner’s terms of service and privacy policy govern your relationship with that Data Partner independently of these Terms. Connecting a Data Partner account to AVA Golf™ does not modify your agreement with that Data Partner.

9.4 USGA-Specific Obligations

If you connect your USGA/GHIN account, you acknowledge and agree that:

  • Scores posted through AVA Golf™ into the USGA World Handicap System become part of the USGA Master Data Set and are subject to the USGA’s terms of service and privacy policy;
  • AVA Golf™ does not compute, issue, or distribute Handicap Indexes — only the USGA may do so;
  • The USGA integration is available only to users within the United States and its territories.

9.5 Disconnection of Integrations

You may disconnect any Data Partner integration at any time through your account settings. Upon disconnection, AVA Golf™ will cease pulling new data from that integration and will handle existing data in accordance with our Privacy Policy and applicable Data Partner agreements.

9.6 No Guarantee of Integration Availability

AVA Golf™ does not guarantee the continued availability of any Data Partner integration. Data Partners may modify or terminate their APIs or agreements with AVA Golf™ at any time. Discontinuation of a Data Partner integration is not a basis for a refund or claim against AVA Golf™.

10. Shared Access and Authorized Users

10.1 Sharing with Coaches and Family Members

You may authorize specific individuals, such as a golf instructor or family member, to view your AVA Golf™ data and profile (“Authorized Users”). You are solely responsible for all activity by Authorized Users accessing your account. You may revoke Authorized User access at any time through your account settings.

10.2 Group and Team Accounts

AVA Golf™ may offer group, team, or multi-user account structures in the future. Such accounts will be subject to additional terms and conditions presented at the time they are made available. Nothing in these Terms limits AVA Golf™‘s right to introduce such account types.

10.3 Professional Accounts

AVA Golf™ currently offers individual consumer accounts only. Professional accounts for golf instructors, coaches, or other commercial users may be made available in the future and will be subject to separate terms. AVA Golf™ reserves the right to limit or terminate accounts that are used for commercial coaching purposes under a consumer subscription.

11. API Access

11.1 ParOne Video API

AVA Golf™ shares data with its parent company, ParOne, Inc., through an internal API for the purpose of requesting and serving instructional video content within the Services. Specifically, AVA Golf™ transmits anonymized performance and preference signals to ParOne’s video platform, which returns a list of recommended video content based on AVA Golf™‘s proprietary recommendation model. No personally identifiable information beyond what is necessary to fulfill the video request is transmitted through this specific integration. The full scope of data sharing between AVA Golf™ and ParOne, Inc. and its affiliates is governed by AVA Golf™‘s Privacy Policy, which is incorporated into these Terms by reference. This intercompany data sharing is also governed by an agreement between AVA Golf™ and ParOne.

11.2 Third-Party API Access

AVA Golf™ does not currently offer API access to third parties outside of AVA Golf™ and ParOne, Inc. AVA Golf™ reserves the right to offer third-party API access in the future, which would be subject to a separate API License Agreement. Nothing in these Terms grants any third party the right to access AVA Golf™‘s systems, data, or Services through an API without a separate written agreement with AVA Golf™.

Any unauthorized programmatic access to the Services, including through bots, scrapers, or automated tools, is strictly prohibited and constitutes a material breach of these Terms.

12. Prohibited Activities

You agree not to use the Services for any purpose or in any manner that:

  • Violates any applicable federal, state, local, or international law or regulation;
  • Infringes, misappropriates, or violates any intellectual property, privacy, publicity, or other rights of AVA Golf™ or any third party;
  • Involves transmitting any unsolicited or unauthorized advertising, promotional materials, spam, or chain letters;
  • Involves impersonating any person or entity or misrepresenting your affiliation with any person or entity;
  • Involves collecting or harvesting any personally identifiable information from other users of the Services;
  • Involves attempting to gain unauthorized access to any portion of the Services, other accounts, or AVA Golf™‘s systems or networks;
  • Involves using the Services to develop competing products or services, or to benchmark the Services for the benefit of a competitor;
  • Involves reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code or underlying algorithms of the Services;
  • Involves circumventing, disabling, or otherwise interfering with security features of the Services;
  • Involves uploading or transmitting viruses, malware, or other malicious code;
  • Involves scraping, crawling, or using automated means to access or extract data from the Services;
  • Involves using the Services in any way that could damage, disable, overburden, or impair the Services or AVA Golf™‘s infrastructure;
  • Violates AVA Golf™‘s or any Data Partner’s intellectual property rights or proprietary restrictions;
  • Is otherwise harmful to AVA Golf™, its affiliates, users, or Data Partners.

AVA Golf™ reserves the right to investigate and take appropriate legal action against any violation of this section, including terminating accounts and reporting to law enforcement.

13. Modifications and Interruptions

13.1 Service Modifications

AVA Golf™ reserves the right to modify, suspend, or discontinue the Services or any feature thereof at any time, with or without notice, for any reason including maintenance, updates, legal compliance, or business reasons. AVA Golf™ will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

13.2 Scheduled Maintenance

AVA Golf™ may take the Services offline for scheduled maintenance. Where reasonably practicable, we will provide advance notice of scheduled downtime through the Services or by email.

13.3 Force Majeure

AVA Golf™ shall not be liable for any delay or failure to perform its obligations under these Terms resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, labor disputes, governmental actions, internet outages, or failures of third-party infrastructure or Data Partners.

14. Term and Termination

14.1 Term

These Terms are effective from the date you first access or use the Services and continue until your subscription is cancelled or terminated.

14.2 Termination by You

You may terminate your account at any time by cancelling your subscription as described in Section 4.2 and contacting us at support@avagolf.com to request account deletion.

14.3 Termination by AVA Golf™

AVA Golf™ reserves the right to suspend or terminate your account and access to the Services at any time, with or without cause, with or without notice, including if:

  • You breach any provision of these Terms;
  • You fail to pay any amounts due;
  • Your conduct is harmful to AVA Golf™, other users, or Data Partners;
  • AVA Golf™ is required to do so by law or a Data Partner agreement;
  • AVA Golf™ discontinues the Services.

14.4 Effect of Termination

Upon termination of your account for any reason:

  • Your license to use the Services terminates immediately;
  • You must cease all use of the Services and AVA Golf™ Content;
  • AVA Golf™ may delete your account data in accordance with our Privacy Policy;
  • All provisions of these Terms that by their nature should survive termination will survive, including Sections 6, 7.2, 8, 15, 16, 17, 18, 19, and 22.

Termination does not entitle you to any refund except as expressly required by applicable law.

15. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO HAVE A JURY TRIAL.

15.1 Informal Resolution

Before initiating any formal dispute, you agree to first contact AVA Golf™ at support@avagolf.com and attempt to resolve the dispute informally. AVA Golf™ will attempt to resolve the dispute within 30 days of receiving notice. If the dispute is not resolved within that period, either party may proceed to arbitration as described below.

15.2 Binding Arbitration

Except as provided in Section 15.5, you and AVA Golf™ agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Services, or our relationship (collectively, “Disputes”) shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, rather than in court.

The arbitration will be conducted in Delaware or, at your election, via remote hearing. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You and AVA Golf™ each agree that any arbitration shall be conducted in each party’s individual capacity only, and not as a class action, collective action, or representative action.

15.3 Class Action Waiver

YOU AND AVA Golf™ EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING OF ANY KIND, WHETHER IN ARBITRATION OR IN COURT. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

If this class action waiver is found to be unenforceable with respect to any claim, then that claim shall proceed in court and all other claims shall proceed in arbitration.

15.4 Arbitration Fees

The AAA’s Consumer Arbitration Rules govern the payment of filing fees. AVA Golf™ will pay all AAA filing, administration, and arbitrator fees for any arbitration it initiates, and for any consumer arbitration where your claim is $10,000 or less, unless the arbitrator determines the claim is frivolous. You are responsible for your own attorneys’ fees unless applicable law provides otherwise.

15.5 Exceptions to Arbitration

Notwithstanding Section 15.2, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court. Additionally, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

15.6 Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND AVA Golf™ EACH WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE.

15.7 Time Limitation on Claims

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT WILL BE FOREVER BARRED. This one-year limitation applies regardless of any longer limitations period provided by applicable law, except where such limitation is prohibited by the law of the jurisdiction in which you reside.

15.8 Opt-Out

You may opt out of the arbitration agreement by sending written notice to AVA Golf™ at support@avagolf.com within 30 days of first accepting these Terms. Your notice must include your name, account email address, and a clear statement that you wish to opt out of arbitration. If you opt out, all disputes will be resolved in accordance with Section 19.

16. Disclaimer of Warranties

THE SERVICES AND ALL AVA Golf™ CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AVA Golf™ EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
  • WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
  • WARRANTIES AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENTNESS OF ANY DATA, CONTENT, OR INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING DATA RECEIVED FROM THIRD-PARTY DATA PARTNERS;
  • WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED;
  • WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.

AVA Golf™ does not warrant the accuracy, completeness, or reliability of any data received from Garmin, Arccos, the USGA, or any other Data Partner. Such data is provided subject to each Data Partner’s own warranties and disclaimers.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

AVA Golf, Inc™, ITS PARENT COMPANY PARONE, INC., AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND DATA PARTNERS (COLLECTIVELY, “AVA Golf™ PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF AVA Golf™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE AVA Golf™ PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO AVA Golf™ IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The foregoing limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and shall apply even if any limited remedy set forth in these Terms is found to have failed of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

18. Indemnification

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

  • Your use of the Services in violation of these Terms;
  • Your User Content;
  • Your violation of any applicable law or regulation;
  • Your violation of any third party’s rights, including intellectual property, privacy, or publicity rights;
  • Your breach of any Data Partner’s terms of service in connection with use of an integration;
  • Any misrepresentation made by you in connection with the Services.

AVA Golf™ reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense. You agree to cooperate with AVA Golf™‘s defense of such claims.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any conflict of law principles. Subject to the arbitration agreement in Section 15, any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in the State of Delaware, and you and AVA Golf™ each irrevocably consent to the personal jurisdiction and venue of such courts.

20. Privacy Policy

Your use of the Services is subject to AVA Golf™‘s Privacy Policy, available at https://avagolf.com/privacy, which is incorporated into these Terms by reference. The Privacy Policy describes how AVA Golf™ collects, uses, stores, and shares your personal information, including information received from Data Partners such as Garmin, Arccos, and the USGA. By using the Services, you consent to the data practices described in the Privacy Policy.

21. Electronic Communications

By creating an account and using the Services, you consent to receive electronic communications from AVA Golf™, including emails, in-app notifications, and text messages (where applicable), for purposes including account management, subscription billing, service updates, and marketing (where you have opted in). Electronic communications from AVA Golf™ satisfy any legal requirement that such communications be in writing. You may opt out of marketing communications at any time using the unsubscribe link in any email or by contacting privacy@avagolf.com.

22. Miscellaneous

22.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms presented in connection with specific features or services, constitute the entire agreement between you and AVA Golf™ with respect to the Services and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.

22.2 Amendments

AVA Golf™ reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Services and updating the “Last Updated” date, and where required by law, by notifying you via email. Your continued use of the Services after the effective date of any amendment constitutes your acceptance of the amended Terms. If you do not agree to the amended Terms, you must stop using the Services.

22.3 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions, which will continue in full force and effect.

22.4 Waiver

AVA Golf™‘s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of AVA Golf™.

22.5 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of AVA Golf™. AVA Golf™ may freely assign these Terms and its rights hereunder, including in connection with a merger, acquisition, or sale of assets, without notice or consent. These Terms are binding on and inure to the benefit of the parties and their permitted successors and assigns.

22.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except that ParOne, Inc. and AVA Golf™‘s affiliates are intended third-party beneficiaries of the limitations of liability and indemnification provisions.

22.7 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, employment, agency, or franchise relationship between you and AVA Golf™. You have no authority to bind AVA Golf™ in any respect.

22.8 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

22.9 Language

These Terms are written in English. In the event of any conflict between an English version and a translated version of these Terms, the English version shall control.

22.10 Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations in connection with your use of the Services.

23. Contact Us

For questions, concerns, or legal notices regarding these Terms of Service, please contact:

AVA Golf, Inc.
Attn: Legal
169 Madison Ave #2003
New York, NY 10016

Email: support@avagolf.com

For privacy-related matters, contact privacy@avagolf.com.

For billing and subscription support, contact support@avagolf.com.

These Terms of Service are effective as of the Last Updated date set forth above and supersede all prior versions.

AVA Golf, Inc. is incorporated in Delaware. These Terms are governed by the laws of the State of Delaware.