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Terms and Conditions

Last Updated: May 19, 2026

Introduction and Acceptance of Terms

These Terms and Conditions (the "Agreement") govern your access to and use of the Golf Simulator Automation Windows software and related services (collectively, the "Services") provided by Soarware Labs ("Company," "we," "us," or "our"). GolfSimulatorAutomation.com is a product and service operated by Soarware Labs. All software licenses, payments, support services, and legal agreements are provided by and entered into with Soarware Labs.

By downloading, installing, or using the Services, you ("you," "your," or "User") agree to be bound by this Agreement and acknowledge that you have read and understand its terms. If you do not agree to these terms, do not download, install, or use the Services. To ensure a valid contract exists, you must indicate acceptance by clicking an "I agree" button or checkbox before downloading or using the Services.

This Agreement constitutes a legally binding contract between you and Soarware Labs. If you are accepting on behalf of an entity, you represent that you have authority to bind that entity. Users under the age of 18 are not permitted to download or use the Services.

1.1 Privacy Policy

Your use of the Services is also subject to the Company's Privacy Policy, which describes how we collect, use, store, disclose, and protect your personal information, including information collected through cookies and similar technologies. By downloading, accessing, or using the Services, you acknowledge that you have read and understand the Company's Privacy Policy.

2. License Grant and Restrictions

Subject to your compliance with this Agreement, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install one copy of our Windows software on a compatible device solely for your internal personal or business purposes. You do not acquire ownership of the software; rather, you obtain a license to use it.

You agree not to:

Failure to adhere to these restrictions constitutes a material breach of this Agreement.

3. Account Creation and User Responsibilities

You may be required to create an account to access certain features of the Services. You must provide accurate, current, and complete information when creating your account and keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Company reserves the right to suspend or terminate your account if you violate this Agreement or engage in fraudulent, abusive, or illegal activity.

You agree that you will:

4. Support Services and Fees

Company may provide support services for the software (collectively, "Support Services") upon request. Support Services are optional and not included in the license fee. By default, the software is provided "as is," and company is not obligated to provide maintenance or updates; however, you may purchase support separately on an hourly, daily, or project-based basis.

The scope of any Support Services will be defined in writing and may include responding to troubleshooting requests via email or telephone, diagnosing issues, and providing work-arounds or software fixes. Company may offer similar services, but any specific response times, severity levels, or after-hours support must be agreed in writing.

Fees: Support Services will be billed at Company's prevailing hourly, daily, or project rate. Rates, payment terms, and estimated hours will be specified in a separate support agreement or order form. You must pay all support fees when due; failure to pay may result in suspension or termination of Support Services and/or your license.

5. Refund Policy

Software licenses are generally non-refundable once the software has been downloaded, accessed, or delivered electronically.

If the software materially fails to perform in accordance with the accompanying documentation and the Company is unable to resolve the issue within a commercially reasonable period of time, the Company may, at its sole discretion, provide a repair, replacement, or refund of the license fee paid by you.

Support Services are billed based on time actually performed and are non-refundable once such services have been provided.

Any approved refunds will be processed using the original payment method. The Company reserves the right to deny refund requests that are inconsistent with this Agreement or that arise from misuse, unauthorized modifications, compatibility issues outside the Company's control, or failure to follow installation and operating instructions.

6. Software Updates and Modifications

Company may, but is not obligated to, provide updates, patches, or new versions of the software. Any updates provided will be deemed part of the software and subject to this Agreement. Company may require you to accept revised terms before downloading future versions.

7. Warranties and Disclaimers

7.1 Limited Warranty

Company warrants that the software, when used under normal operating conditions and in accordance with this Agreement, will conform in all material respects to the accompanying documentation for a period of ninety (90) days from the date of download. If during this period the software fails to perform materially as described, Company will either (a) repair or replace the software, or (b) refund the amount you paid for the license (excluding any support fees) at Company's option. This limited warranty does not cover errors caused by misuse, modifications, or external factors (e.g., viruses, malware, or operating system failures).

7.2 Virus Disclaimer

Although Company exercises commercially reasonable efforts to ensure that its software is free of viruses and other harmful components, we do not guarantee or warrant that downloads are free of viruses or other harmful components. You are solely responsible for implementing appropriate virus checks and security measures. Company shall not be liable for any damage or loss arising from viruses or harmful features introduced by third-party software, network vulnerabilities, or your own equipment.

7.3 Disclaimer of Other Warranties

EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET OUT ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND DATA ACCURACY. WE DO NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT YOU PAID FOR THE LICENSE AND SUPPORT SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR $100, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and costs) arising out of or in any way connected with (a) your use or misuse of the Services; (b) your violation of this Agreement; (c) your violation of any third-party right, including intellectual property rights; or (d) your failure to implement appropriate security measures on your devices.

10. Term and Termination

This Agreement is effective upon your acceptance and continues until terminated. You may terminate this Agreement at any time by ceasing all use of the software and uninstalling it from your devices. Company may terminate this Agreement immediately without notice if you breach any provision. Upon termination for any reason, you must destroy all copies of the software. Sections 7 (Warranties and Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 10 (Term and Termination), 11 (Governing Law), and 12 (Miscellaneous) shall survive termination.

11. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict-of-laws principles. Any disputes arising out of or relating to this Agreement or the Services shall be resolved through binding arbitration conducted in Toronto, Ontario, under the rules of the ADR Institute of Canada, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The parties agree to waive any right to a trial by jury or to participate in a class action.

12. Miscellaneous

Entire Agreement: This Agreement constitutes the entire agreement between you and Company regarding your use of the Services and supersedes all prior agreements or understandings.

Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Assignment: You may not assign or transfer your rights or obligations under this Agreement without Company's prior written consent. We may assign our rights and obligations without restriction.

Changes to the Agreement: Company reserves the right to modify this Agreement at any time. We will post the updated Agreement on our website and may notify you by email or through the software. Your continued use of the Services after a change constitutes acceptance of the updated Agreement.

No Waiver: Failure by Company to enforce any right or provision shall not constitute a waiver of that right or provision.

Contact

If you have any questions about this Agreement or wish to obtain Support Services, please contact us at craig@soarwarelabs.com.