Terms of Business
Updated 2025-05-22
1. Purpose and Scope
These Terms define the framework for Ingenium Golf ApS’ (Ingenium Golf) provision of Applications and Web Services to Customers, including associated subscriptions. The Terms may only be deviated from by a written agreement between the Customer and Ingenium Golf.
2. Description of the Solutions
Ingenium Golf provides applications and services (hereinafter referred to as the Products) to the Customer, which are installed on and/or accessed from mobile platforms and the web. Through the Products, the Customer’s data about the golf club, which is part of Ingenium Golf’s solution at the given time, is processed, stored, and sent to Ingenium Golf’s databases. The data is then processed on Ingenium Golf’s servers and made available again to the Customer and, in relevant cases, to golfers at the Customer’s golf course.
The Products are made available to the Customer as a subscription (hereinafter referred to as the Subscription). The Subscription is invoiced in advance on an annual basis pursuant to the Terms below.
3. Applications and Web Services
Due to technological and IT security developments, Ingenium Golf has the right and obligation to develop software updates (hereinafter referred to as Updates) to the Products. In this context, Ingenium Golf reserves the right to unilaterally change the Product descriptions when deemed necessary. All such changes will be communicated to the Customer before they take effect.
If the Customer fails to download and install published Updates, Ingenium Golf is not liable for data loss or operational disruptions of any kind, regardless of the cause.
All new Updates are announced directly to the Customer and downloaded and installed via the method specified in the announcement.
4. Subscription
If the Customer subscribes to a Subscription, Ingenium Golf undertakes to provide technical support via phone and/or the internet as soon as possible after the Customer’s inquiry. Ingenium Golf also provides support tools such as video clips and how-to guides via support.ingeniumgolf.com.
The Customer agrees to perform standard troubleshooting and resolution steps before contacting Ingenium Golf.
5. Prices and Payment Terms
Prices for Subscriptions are stated in the specific agreement entered into between the Customer and Ingenium Golf.
Payment for the Subscription is made in advance, annually, with a 14-day payment term.
If the payment deadline is exceeded, the Customer will be charged interest of 1.5% per commenced month until payment is made.
6. Price Adjustments
Prices for the Subscription may be adjusted annually on January 1st based on the annual development of the net price index, e.g., from December 2015 to December 2016.
Price adjustments apply from January 1st and for invoicing from this date.
7. Availability and Uptime
Ingenium Golf guarantees a monthly uptime of 99% for the Products and the underlying web services essential to the operation of the Products, unless otherwise agreed. Operational disruptions caused by the Customer or the Customer’s network provider, including but not limited to lack of network connection or failure to update the operating system and devices, are not covered.
Planned downtime related to updates of the Products, parts thereof, or backend services may occur. Such downtime will, as far as possible, be scheduled outside the golf clubs’ normal opening hours and announced 7 days in advance.
8. Support
Ingenium Golf provides support on normal Danish business days from 08:00 to 16:00.
Initial response time is 2 hours, with daily updates until the support issue is resolved.
Ingenium Golf’s support platform with support articles: support.ingeniumgolf.com
Contact Ingenium Golf support: support@ingeniumgolf.com
9. Defects
A defect exists if the Products, or parts thereof, do not meet the descriptions of functions, scope, and quality as described by Ingenium Golf in the Terms and/or Product Descriptions. Product Descriptions are available at any time on Ingenium Golf’s website www.ingeniumgolf.dk and are also provided during Subscription setup.
The Customer must, no later than 14 days after the Products or parts thereof are put into use, assess whether the Products meet their expectations. If not, the Customer has a right of withdrawal within this period. If the Customer does not withdraw within this period, defects can only be claimed if the Customer can document that they occurred after the period expired.
10. Delays
Ingenium Golf delivers the Products within the timeframes agreed with the Customer. The Customer is entitled to terminate the agreement upon prior notice if the delivery date is significantly exceeded. A significant delay occurs no earlier than 30 working days from the agreed delivery date.
If the delivery has taken place and was late, the Customer must notify Ingenium Golf without undue delay if they wish to invoke the delay.
If plans are delayed due to circumstances not attributable to Ingenium Golf, the delay does not entitle the Customer to remedies for breach, including termination rights.
If a new Product or a new part of a Product is delayed due to illness among Ingenium Golf employees or subcontractors, Ingenium Golf is obligated to notify the Customer as soon as possible. If this obligation is fulfilled, Ingenium Golf is not liable for any losses, and the Customer’s right to terminate is forfeited.
11. Limited Liability
Ingenium Golf is only liable for loss or damage to the Customer resulting from gross negligence or intentional acts.
Ingenium Golf is not liable for direct loss, operational loss, delays, operational disruptions, data loss, and/or loss of profits, etc., resulting from:
- Virus and hacker attacks on the Customer’s systems.
- The Customer’s use of Ingenium Golf’s Products in conjunction with third-party software and/or hardware unknown to Ingenium Golf at delivery.
- The Customer’s own changes or additions
- The Customer’s failure to install released Updates
Ingenium Golf is never liable for the Customer’s indirect losses regardless of cause. The Customer is responsible for making backups of received data where possible.
Ingenium Golf’s liability for any loss or damage is limited to 50% of the fees invoiced to the Customer in the 12 months prior to the incident. Regardless of the size of the fees, Ingenium Golf’s total liability is capped at DKK 50,000.
12. Termination
Both the Customer and Ingenium Golf may terminate any Subscription with 3 months’ notice to the end of the subscription period.
13. Cancellation
In case of material breach of these Terms by either party, the other party is entitled to cancel the agreement and claim damages under Danish law, in addition to the provisions of clauses 8 and 9.
If a Subscription is cancelled by Ingenium Golf due to the Customer’s circumstances, the Customer forfeits all usage rights to delivered Products, etc. No refund will be provided.
If a party enters bankruptcy, liquidation, or suspends payments, this is considered a material breach unless the trustee/liquidator or administrator promptly confirms adherence to the agreements.
If Ingenium Golf ceases operation of the Products due to bankruptcy, liquidation, transfer of business, or similar, Ingenium Golf is obliged to deliver the most recently generated PDF files and “GPS-mapped elements and points” in a format suitable for import into a GIS system. These then become the property of the Customer.
Non-payment exceeding 60 days is always considered a material breach.
14. Force Majeure
Neither party shall be liable for circumstances considered force majeure, including but not limited to war, riots, strikes, natural disasters, currency restrictions, import/export bans, transportation disruptions, or failures in energy or communication systems.
The affected party must notify the other party as soon as possible. Failure to do so results in liability as if no force majeure existed.
15. Confidentiality
Ingenium Golf is obligated to keep confidential all information received about the Customer’s business matters. The Customer is likewise obligated to keep confidential all information about Ingenium Golf, unless already publicly known. This obligation remains in effect after the termination of the agreement.
Both parties may disclose the cooperation to potential customers and business partners and may use each other’s name and logo for reference and in marketing materials, provided any descriptive text is approved by the other party.
16. Data Processing
The parties must implement the necessary technical and organizational security measures to prevent accidental or unlawful destruction, loss, alteration, unauthorized access, or other unlawful processing of data. Upon request, the other party must provide sufficient documentation to verify compliance with these measures.
If Ingenium Golf stores data with third parties, Ingenium Golf guarantees that equivalent requirements are imposed on them.
16.1 Data Processing Agreement
When using features in the Products where the Customer transfers personal data to Ingenium Golf for processing on behalf of the Customer (e.g., member import), Ingenium Golf acts as a data processor. In such cases, the applicable Data Processing Agreement (available as Appendix 1 to these Terms) automatically enters into effect when such features are used.
17. Intellectual Property Rights
Ingenium Golf holds ownership and intellectual property rights to all source codes, software, file formats, patents, trademarks, and technical know-how relating to the Products and associated services. The Customer has the right to use delivered Products for the duration of the Agreement. Upon termination—regardless of the reason—the Customer must uninstall and delete Ingenium Golf’s Products and produced materials from all platforms.
Image-based Products (PDF and PNG) produced via the GLFR Business service belong to the Customer and may still be used after the Agreement ends.
Video-based Products produced via the GLFR Business service may only be used during the term of the Agreement.
18. Third-Party Rights
Ingenium Golf guarantees that the Products delivered under this agreement do not infringe on third-party rights, including patents, trademarks, or copyrights. If a claim is made against the Customer alleging infringement, the Customer shall notify Ingenium Golf in writing, and Ingenium Golf may be required to take over the legal defense.
19. Governing Law and Jurisdiction
Any dispute arising from these Terms or business transactions between the parties shall be brought before the District Court of Aarhus and governed by Danish law.