Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of ION 54's website and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you are accessing the Services on behalf of an organization, you represent that you have the authority to bind that entity to these Terms.

2. Description of Services

ION 54 provides comprehensive golf development and management services through our unified ION Model. Our Services include, but are not limited to:

• Advisory and sustainability consulting
• Development and construction management
• Agronomy and course maintenance
• Pre-opening planning and execution
• Club management and operations
• Marketing, branding, and positioning
• Sales and golf tourism services
• Capital services and investment

3. Eligibility and Account Registration

Our Services are intended for business use by investors, developers, and organizations in the golf industry. To access certain features, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Be responsible for all activities under your account

4. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit malicious code or conduct security testing without authorization
• Interfere with or disrupt the Services
• Attempt to gain unauthorized access to any systems or data
• Use the Services for any unlawful or fraudulent purpose
• Reverse engineer or attempt to extract source code

5. Professional Services Terms

For consulting and development projects, specific terms, deliverables, timelines, and fees will be outlined in separate service agreements or statements of work. These project-specific agreements supplement and, where applicable, take precedence over these general Terms.

Our Services are provided in accordance with industry best practices and applicable local regulations in each region where we operate.

6. Data Ownership and Usage

Your Data: You retain all rights, title, and interest in and to the data you provide to the Services ("Customer Data"). We do not claim ownership of Customer Data.

Our Rights: Subject to your ownership rights, you grant us a limited license to use Customer Data solely to provide the Services and improve our platform (in aggregated, anonymized form).

7. Intellectual Property

The Services, including all methodologies, content, trademarks, and other intellectual property, are owned by Performance54 or our licensors. These Terms do not grant you any ownership rights in the Services.

You may not copy, modify, distribute, sell, or lease any part of our Services without express written permission.

8. Service Level and Availability

We strive to maintain high availability of our Services. However, we do not guarantee uninterrupted access. We may suspend or restrict access for maintenance, security, or other operational reasons.

Specific service levels, milestones, and deliverables are established in project-specific agreements with clients.

9. Limitation of Liability

To the maximum extent permitted by law, Performance54 shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use the Services.

Our total liability for any claims arising from these Terms or the Services shall not exceed the amount paid by you for the Services in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Performance54 from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Services or violation of these Terms.

11. Term and Termination

These Terms remain in effect while you use the Services. We may suspend or terminate your access if you violate these Terms. Upon termination, your right to use the Services ceases immediately.

Provisions that by their nature should survive termination (including ownership, warranty disclaimers, and limitations of liability) will continue to apply.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of the Services after changes constitutes acceptance of the modified Terms.

13. Governing Law

These Terms are governed by the laws of the United Arab Emirates. Any disputes shall be resolved through arbitration in accordance with the rules of the Dubai International Arbitration Centre (DIAC).

14. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy and any applicable project agreements, constitute the entire agreement between you and Performance54.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any right or provision shall not be considered a waiver of those rights.

15. Contact Information

For questions about these Terms, please contact: