Terms and Conditions

ANOVA.GOLF TERMS OF USE

V2.0 (VALID FROM: 30 November 2023)

1. What’s in these terms?

These terms set out the agreement you make with Us to use our website Anova. Golf , sign up for an  Anova.Golf account and use the  Anova.Golf web-based platform (“Website”) and iOS mobile application (“App”) (collectively referred to as “Anova”).

2. Who we are and how to contact Us

Anova is a web-based and iOS mobile application platform service operated by Topgolf Sweden AB (“We”, “Us” or “Toptracer”). We are a company registered in Sweden under company number 556718-7983.   We form part of the Topgolf Callaway Brands Corp. (NYSE:MODG) group of companies www.topgolfcallawaybrands.com

To contact Us, please email support@anova.golf.  

3. Who are you?

“You” are either:

• A golf teaching professional coach or instructor or an administrator of a collegiate or other golf team, academy or organisation (“Coach”) that uses Anova as a tool to create an enhanced teaching, statistics and learning experience for your students, team or academy members.
• A golf player (“Player”) of any skill level that has either been invited by a Coach to use Anova or individually registered yourself to use Anova.

Coaches and Players will together be referred to as “Users” in these terms

4. These terms form a contract between You and Topgolf Sweden AB

Your acceptance of these terms when registering an account forms a binding contract. You agree to comply with these terms as a condition of signing up for and using Anova. If you do not agree to these terms, you must not sign up for a Anova account or use Anova.

5. There are other terms that may apply to you

These terms refer to the following additional terms, which also apply to your use of Anova:

• Our Privacy Policy, which includes information about the use of cookies on Anovain order to improve your experience. See further under How we may use your personal information.
• If you are a Designated Player (see below) then your usage of Anova is subject to your Coach’s compliance with these terms, including payment of all relevant fees.

6. We may make changes to these terms

We amend these terms from time to time. Every time you wish to use Anova, please check these terms to ensure you understand the terms that apply at that time. The version number and valid from date are shown at the top of these terms.

7. We may make changes to Anova

We may update and change Anova from time to time to reflect changes to our products and services, our Users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

8. We may suspend or withdraw Anova or elements of it

We do not guarantee that Anova, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Anova for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

9. We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.

10. How we may use your personal information

We will only use your personal information as set out in our privacy policy.

11. Your Anova account
    • Access to Anova and registering for an account:
      • As a Coach, you either:

1. sign up at the Anova Website (https://anova.golf/anovaapp/coach/signup) which will entitle you access to the Website and iOS mobile application services and in exchange for payment of a subscription fee; or
2. sign up at the Anova Website and have a Player (a paying Player or a Designated Player) linking its Anova Player account to your account for you to view their Anova content without you being required to pay a subscription fee.
   • As a Player you either:
3. sign up at the Anova Website (https://anova.golf/anovaapp/users/signup) which will entitle you to access the Website and iOS mobile application services in exchange for payment of a subscription fee; or
4. have a Coach give you access to use Anova by linking their account to yours- in which case you are referred to as a “Designated Player”. You will receive an email with your login credentials to Anova if you choose to give a Coach your email address (note that their collection and use of your email address or other personal information you provide to them is not controlled by Us or governed by our Privacy Policy). If you are under 18 You should have parents’ or guardians’ consent prior to providing your email address to a Coach and You must be 13 or over to accept these terms and to register for a Anova account.
   • You shall not create a false identity with the intention of misleading Us or others.
   • You are not entitled to set up a Anova account for anyone else, without their explicit permission.
   • You are not entitled to transfer your Anova account to anyone.

• Use of your Anova account
  • You must treat your Anova account password or any other piece of information as part of our security procedures for your Anova account, as confidential. You must not disclose it to any third party as your Anova account is for your exclusive use only and shall not be shared with anyone. We have the right to disable any user identification code or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Us at [email protected].
  • Our status (and that of any identified contributors) as the authors of content on Anova must always be acknowledged (except where the content is user-generated).
  • You must not use any part of the content on Anova for commercial purposes without obtaining a licence to do so from Us or our licensors.
  • If you print off, copy, download, share or repost any part of Anova in breach of these terms of use, your right to use Anova will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  • When using your Anova account you shall comply with all applicable laws and regulations.
  • Whenever you make use of a feature that allows you to upload content to Anova., or to make contact with other Users of Anova, you must ensure that any such content is not malicious, racist, sexist, or in any other way discriminatory, threatening or harassing, personally offensive, defamatory, or otherwise illegal or misleading in any way and you warrant that any such contribution does comply with these standards, and you will be liable to Us and indemnify Us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach.
  • Any content you upload to Anova will be considered non-proprietary. You retain all of your ownership rights in your content, but you are required to grant Us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to Us are described in Rights you are giving Us to use material you upload in Clause 18
  • We have the right to remove any information, messages or other content you post on Anova in our sole discretion.
• Fees
  • Upon registration, if you are a Coach or an individual Player (not a Designated Player), you agree to pay for our services in accordance with the package selected on the Website.
  • Unless stated otherwise, all prices stated on the Website are in US Dollars and are stated exclusive of any applicable sales taxes, VAT or similar which shall be charged additionally as required by law.
  • We try to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order for services at a certain price, but prior to delivery of those services our prices change, we reserve the right to charge you at the prices then current at the time of delivery for the provision of our services.
• Subscription terms
  • Subscriptions are auto-renewing until cancelled.
  • You can change your subscription plan at any time, and the changes on your subscription fees will take effect at your next billing date, but if you have signed up to annual plan (or any other plan with a fixed term) then you may only upgrade the level of your plan within the fixed term – you may not downgrade the level of your plan within this period. For example, as a Player, if you sign up to an annual “Pro” plan, you may upgrade to “Tour Pro” during the year (in return for paying the additional fees required for “Tour Pro”) but you may not downgrade to “Starter”).
  • If you are not satisfied with Anova, we offer a 30-day money-back guarantee. This refund policy applies only to the first payment made as a subscriber (i.e, it is not applicable to renewals for existing Customers). A refund must be requested in writing to support@golf no later than 30-days after that date on which you first signed up to receive and pay for our service.
• Termination and deletion of your Anova account
  • We reserve the right to terminate your Anova account at any time in our sole discretion.
  • You may terminate a subscription at any time during its term; however, you must pay all amounts due and owing before the termination is effective. A terminated or cancelled subscription is converted into a ‘scheduled cancellation’ status and the subscription will remain active for the remainder of the billing period. On the next billing date, the subscription will be cancelled, and no more payments are due.
  • You can delete your account at any time by sending a request to support@golf. We may retain certain data as permitted by law and our privacy policy.
  • All terms that by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

12. No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to Anova or any services provided via, or in relation to, Anova. This includes using (or permitting, authorising or attempting the use of):

• Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
• Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

13. We are not responsible for websites we link to

Where Anova contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by Us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

14. User-generated content is not approved by Us

Anova may include information and materials uploaded by Coaches, Players and other users of the site, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by Us. The views expressed by other users on Anova do not represent our views or values. See further about liability for such user-generated content under Clause 18.

15. How to complain about or report content

If you become aware of any material that has been posted on Topgolf Coach which you deem to be offensive or illegal or wish to complain about any other content, please contact Us on [email protected].

16. E-mail Communication

By accepting these terms, you agree to receive informative emails connected to Anova with the purpose to inform you that you have received a new assignment or other message from your Coach at your Anova account.  Other communications may be made to You in accordance with Our Privacy policy.

17. Liability and Indemnity
    • Applicable to all Users:
      • A key feature of Anova is the ability to enhance the Coach and Player relationship but Anova operates as a platform to facilitate such relationship only. The relationship (and any contract) between a Coach and Player is entirely independent of Toptracer and Anova and we do not accept any liability or responsibility for any aspect of the Coach-Player relationship. For example, Coaches are solely responsible for requesting, and Players are solely responsible for paying, any fees for coaching services (whether or not conducted through Anova), and these are not facilitated or controlled by Toptracer in any way.
      • Although we use reasonable efforts to update the information on Anova and attempt to make sure this is always up to date and correct, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is always accurate, complete, up to date or that Anova will always work without any malfunctions or disruptions. Anova and any services or products obtained through it are provided on an “as available” and “as is” basis.
      • We are not responsible and exclude any liability for the content that is posted on Anova by either a Player or a Coach, including but not limited to any assignments, advice or tasks provided by the Coach to the Player via or outside of Anova. The nature of the Anova platform means that we cannot review any such content in advance. For example, we take no responsibility for any advice or assignments given by a Coach which are ineffective or which cause injury or damage to you or any third-party.
      • You agree not to sue or make any other claim against Toptracer (or its affiliates) in any way relating to the Player-Coach relationship as may be facilitated by Anova. By way of example, as a Coach you shall not attempt to recover from Toptracer any coaching fees not paid by a Player, and as a Player, you shall not make any claim against Toptracer in connection with any failure by a Coach to provide coaching services, the quality of any coaching or any coaching or assignments which cause injury or damage to you or any third-party. 
      • You agree to indemnify and hold harmless Toptracer (and its affiliates) from and against any and all suits, actions, losses, damages or costs (including legal fees), arising out of, or in connection with (a) the Player-Coach relationship (whether or not facilitated by Anova); (b) any content you post on Anova; (c) as a Coach, any coaching or assignments you provide; (d) as a Player, your performance or undertaking of any coaching or assignments provided by a Coach; and (e) any breach of these terms.
      • 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 and for fraud or fraudulent misrepresentation.
    • If you are a Coach:
      • We exclude all implied conditions, warranties, representations or other terms that may apply to Anova or any content on it.
      • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, Anova. Golf; or
    • use of or reliance on any content displayed on Anova.

In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
  • Our total aggregate liability to you under this agreement shall be limited to the average annual amount of the fees actually paid by You to access Anova. Nothing in this clause 17 shall limit or exclude any liabilities which may not be limited or excluded under applicable law.
• If you are a Player:
  • Please note that we only provide Anova for your private use. You agree not to use Anova for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you 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 in place the minimum system requirements advised by Us.
  • Our total aggregate liability to you under this agreement shall be limited to the average annual amount of the fees actually paid by You to access Anova. Nothing in this clause 17 shall limit or exclude any liabilities which may not be limited or excluded under applicable law.

18. Rights you are giving Us to use material you upload

When you upload or post content to Anova, you grant Us the following rights to use that content:

• a worldwide, non-exclusive, royalty-free, perpetual and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media, including to promote the site or the service or related services.
• a worldwide, non-exclusive, royalty-free, perpetual transferable licence for other users to use the content in accordance with the functionality of the site.

19. We are not responsible for viruses and you must not introduce them
    • We do not guarantee that Anova will be secure or free from bugs or viruses.
    • You are responsible for configuring your information technology, computer programmes and platform to access Anova.You should use your own virus protection software.
    • You must not misuse Anova by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Anova, the server on which Anova is stored or any server, computer or database connected to Anova. You must not attack Anova via a denial-of-service attack or a distributed denial-of service attack. In the event of such a breach, your right to use Anova will cease immediately.
20. Rules about linking to Anova
    • You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
    • Anova must not be framed on any other site, nor may you create a link to any part of Anova other than the home page. This means, by no limitation, you must not link to any page at Anova which is protected by a password.
    • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    • You must not establish a link to Anova in any website that is not owned by you.
    • We reserve the right to withdraw linking permission without notice.
    • If you wish to link to or make any use of content on Anova other than that set out above, please contact s[email protected]
21. Intellectual Property
    • We are the owner or the licensee of all intellectual property rights in Anova, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    • “TOPTRACER”, “ANOVA. GOLF”, , “TOPTRACER COACH” and are trademarks belonging to the Topgolf Callaway Brands Corp. group of companies. You are not permitted to use them (or any other of our trademarks) without our approval.
22. General Terms
    • These terms constitute the entire agreement between the parties in relation to the use of Anova and all subject matters provided for herein.
    • We shall be freely entitled to assign, novate or otherwise transfer this agreement to any third party without requiring your consent.
    • If any clause or term of these terms shall be deemed to be invalid or unenforceable, this shall not affect the legal enforceability of these terms as a whole. The failure of Us to insist upon the strict adherence to any of these terms shall not be considered as a waiver of any right hereunder nor shall it deprive Us of the right to insist upon the strict adherence to that term or any other term of this agreement at some other time.
23. Governing Law

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Swedish law. Any dispute, controversy or claim arising out of or in connection with these terms, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Stockholm Chamber of Commerce Arbitration Institute. The arbitral tribunal shall be composed of a sole arbitrator. The place and seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English. The arbitration award shall be final and binding upon the parties and all proceedings shall be confidential.

Notwithstanding the foregoing, it is agreed that Toptracer shall have the right at any court of competent jurisdiction to seek injunctive or interim relief to protect any of its rights or interests arising under these terms.