1. Preamble

1.1 These Terms of Service ("Terms") govern your access to and use of the PuttView mobile application (the "App") and related services provided by Viewlicity GmbH, Barnerstraße 14b, 22765 Hamburg, Germany, operating under the brand PuttView ("PuttView", "we", "us", or "our").

By downloading, accessing, or using the App, you agree to these Terms.

If you do not agree to these Terms, you must not use the App.

2. Operator of the App

The App is operated by:

Viewlicity GmbH
Barnerstraße 14B
22765 Hamburg
Germany
Contact: [email protected]

3. Eligibility

3.1 Users of the App must be at least 13 years old or the minimum legal age required in your jurisdiction to use the App.

3.2 By using the App, you represent and warrant that:

• you meet or, as applicable, shall ensure that authorized users meet, the applicable age requirement
• you have the legal capacity to enter into these Terms.

4. Description of the Service

4.1 The PuttView App provides digital golf training tools designed to support putting practice, visualization, and performance analysis (hereinafter "Service(s)").

4.2 Features may include, among others:

• augmented reality visualization of putting lines
• recording and sharing videos with AR overlays
• practice and training tools
• user profiles and activity tracking
• integration with other PuttView products and services.

4.3 The App is offered in different service tiers.

4.3.1 Free Tier

The Free Tier provides access to basic functionality, including:

• Augmented reality visualization of green characteristics and user-defined putts
• Access to predefined visualization presets for training
• Recording videos with augmented reality overlays during practice sessions
• User account and profile management features
• Basic application settings
• Access to informational or instructional content related to the App and its use

4.3.2 Paid Subscription (hereinafter "Subscription(s)")

Subscriptions provide access to enhanced functionality, including:

• Additional customization options for augmented reality visualization
• Expanded display and configuration options for visual training elements
• Access to additional training-related features and functionality
• Additional tools for analyzing individual putts or training sessions

4.4 PuttView may modify, update, suspend, or discontinue features of the App at any time.

4.5 The availability and performance of the App may be affected by factors beyond PuttView's control, including but not limited to device compatibility, internet connectivity, operating system limitations, and other technical or environmental conditions. Therefore, the App may be unavailable or subject to interruptions from time to time.

5. Accounts

5.1 Use of the App requires a PuttView user account.

5.2 Users may access the App using:

• Email login
• Apple Sign-In

5.3 You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account.

5.4 Accounts used in the App may also be used across other PuttView services and products.

6. Platform Integration

6.1 PuttView may offer an ecosystem of products and services, including mobile applications, training systems, hardware devices, and digital platforms.

6.2 Your PuttView account may be used across these services and may allow synchronization of user data, performance statistics, training information, account credentials, or other data across supported devices and platforms.

6.3 Certain integrations, cross-platform functionality, or synchronization features may not be available at the time you first use the App and may be introduced in future versions.

7. Device Permissions

7.1 Certain App features require access to device functionality. The App may request permission to access:

• Camera – required for augmented reality functionality
• Microphone – required for recording videos
• Photo Library / Storage – required to save or share recorded videos

7.2 Permissions can be managed through your device settings.

8. Video Recording and User Content

8.1 The App allows users to record and store videos that may include augmented reality overlays or other visualizations. These videos may be shared in other applications by the user.

8.2 You retain ownership of any content you create through the App.

8.3 You agree not to share content that:

• violates applicable laws
• infringes intellectual property rights
• contains harmful, offensive, or unlawful material.

9. Subscriptions and Payments

9.1 Certain features of the App may only be available if you purchase a Subscription.

9.2 Pricing, billing intervals, and applicable taxes will be displayed in the App or in the Apple App Store at the time of purchase.

9.3 Subscriptions purchased within the App are processed through Apple In-App Purchases. The presentation of in-app purchase options within the app does not constitute a legally binding offer, but an invitation to submit an offer. By selecting an in-app purchase and confirming the purchase via the respective button (e.g. "Buy"), you submit a binding offer. The contract is concluded when the purchase is confirmed and the content is unlocked or made available within the app.

9.4 Before completing a purchase, you will be provided with an overview of the selected subscription, including pricing, billing interval, and applicable terms, and you will have the opportunity to review and confirm your selection. We will not save the text of your order and the agreement related thereto.

9.5 The agreement applicable to your purchase is available in English language.

9.6 In addition to Subscriptions purchased through the Apple App Store, certain users or organizations may obtain access to the App or specific features through separate commercial agreements with PuttView.

10. Automatic Renewal

10.1 Subscriptions automatically renew for successive billing periods (e.g. monthly or annually) unless cancelled before the end of the current billing period. The duration and billing interval of your subscription depend on the plan selected at the time of purchase, as displayed in the App or the Apple App Store. After the initial subscription period, the subscription continues for an indefinite period and may be terminated by you at any time with effect at the end of the current billing period.

10.2 Your Apple account will be charged for renewal within 24 hours prior to the end of the current subscription period.

10.3 You can manage and cancel your subscription at any time via your Apple App Store account settings. Your Apple account will be charged for renewal within 24 hours prior to the end of the current Subscription period.

10.4 Subscriptions may, at our sole discretion, be managed through the App or your Apple App Store account settings.

11. License to Use the App

11.1 Subject to these Terms, PuttView grants you a limited, non-exclusive, non-transferable, revocable license to use the App for internal use.

11.2 You may not:

• reverse engineer or decompile the App
• copy or distribute the software
• attempt to extract source code
• create derivative works.

12. Intellectual Property

12.1 All intellectual property rights in the App and related technology, including software, algorithms, augmented reality visualizations, trademarks, graphics, and designs, are owned by PuttView or its licensors.

12.2 Nothing in these Terms transfers ownership of such rights to users.

13. Acceptable Use

13.1 You agree not to:

• interfere with the App's functionality
• gain unauthorized access to systems or networks
• use automated tools or bots to access the App
• scrape or extract data from the App
• misuse the App in violation of applicable laws.

13.2 You are responsible for the use of the App and for any content you create or share. You agree to comply with all applicable laws and not to misuse the App or infringe the rights of third parties.

14. Beta Features

14.1 From time to time, PuttView may make certain features available as beta, preview, early access, or testing features ("Beta Features").

14.2 Beta Features may be provided to selected users, partners, or influencers before official release.

14.3 Beta Features may:

• be incomplete
• contain bugs or errors
• change significantly before final release.

14.4 Beta Features are provided for testing and evaluation purposes only and may be modified or discontinued at any time.

15. Warranties; Liability

15.1 Free Tier Services are provided "as is" and "as available".

15.1.1 PuttView's strict liability for damages for defects which have already existed prior to the conclusion of the agreement is excluded. Otherwise, PuttView's liability for damages, including liability for defects in the Services, is governed by statutory laws, except that for Subscriptions PuttView's liability is limited as follows:

PuttView is liable without limitation for damage caused intentionally or through gross negligence. In the event of a slightly negligent breach of a primary performance obligation or a secondary obligation, the breach of which jeopardizes the achievement of the purpose of the agreement, or the fulfilment of which is essential for the proper execution of the agreement and on the observance of which you could rely (hereinafter "Essential Secondary Obligation"), the liability of PuttView is limited to damages foreseeable at the time of conclusion of the agreement and typical for the agreement. PuttView is not liable for slightly negligent breaches of secondary obligations that do not belong to the Essential Secondary Obligations.

15.2 The above exclusions and limitations of liability in this Section 15 do not affect PuttView's liability for a guarantee of quality, for fraud, for damages resulting from injury to life, body and health and for product defects in accordance with the Product Liability Act. This Section 15.3 shall not imply a change in the burden of proof to your detriment.

15.3 To the extent that liability is excluded or limited in accordance with this Section 15, such exclusion or limitation shall also apply to the personal liability of PuttView's employees, staff, representatives and vicarious agents.

16. Performance Data and Training Analytics

16.1 The App may generate or display information relating to golf performance, training activities, or practice sessions, including visualizations, measurements, statistics, or other performance-related data ("Performance Data").

16.2 Performance Data is generated using software algorithms, device sensors, environmental inputs, and other technical processes. As a result:

• Performance Data may not always be accurate, complete, or reliable
• Visualizations and measurements are intended for informational and training purposes only
• PuttView does not guarantee the accuracy of any visualization, analysis, or performance metric.

16.3 Use of the App does not guarantee improved golf performance or any specific training outcome.

17. Technology Limitations

17.1 Certain App features may depend on device hardware, camera capabilities, sensor performance, lighting conditions, surface conditions, and other environmental factors. These factors may affect the operation, accuracy, or availability of certain features, including augmented reality visualizations, video recordings, and performance analysis tools.

17.2 PuttView does not guarantee that all features will function consistently across all devices or environments.

18. Third-Party Services

18.1 The App may integrate with or provide access to third-party services, platforms, or technologies.

18.2 PuttView does not control and is not responsible for third-party services.

18.3 Your use of such services may be subject to the terms and privacy policies of the respective third parties.

19. User Feedback

19.1 Users may provide feedback, suggestions, ideas, or improvement proposals regarding the App ("Feedback").

19.2 By submitting Feedback, you grant PuttView a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into its products and services without compensation or attribution.

20. Indemnification

You agree to indemnify and hold harmless PuttView from any claims arising from:

• your violation of these Terms
• your misuse of the App
• your user-generated content.

21. Right of Withdrawal for Consumers

The following statements of this Section 21 apply to consumers, but not to entrepreneurs. A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside its trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.

Withdrawal Policy for Subscription

Right of Withdrawal:

In the event you purchase a Subscription, you have the right to withdraw from the agreement within fourteen days without giving reasons. The withdrawal period is fourteen days from the date of conclusion of the agreement.

To exercise your right of withdrawal, you must inform PuttView of your decision to withdraw from the agreement by an unequivocal statement (e.g. a letter sent by post to Viewlicity GmbH, Barnerstraße 14b, 22765 Hamburg, Germany, or by email to [email protected]). You may use the attached sample withdrawal form for this purpose, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal:

If you withdraw from the agreement, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this agreement. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

Expiration of Right of Withdrawal:

Your right of withdrawal expires prematurely if PuttView begins performing the Services after you have given your express consent to PuttView beginning performance of the agreement prior to the expiration of the withdrawal period and have confirmed your understanding that you will lose your right of withdrawal once performance of the agreement begins.

22. Governing Law and Jurisdiction

22.1 These Terms are governed by the laws of the Federal Republic of Germany, excluding conflict-of-law rules.

22.2 If you are a merchant, a legal entity under public law, or a public special asset, the courts of Hamburg, Germany shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the use of the App. PuttView, however, shall remain entitled to initiate court proceedings at your seat or general place of jurisdiction.

22.3 PuttView is not obligated and not willing to participate in dispute resolution proceedings pursuant to the German Consumer Dispute Resolution Act (VSBG).

23. Export Control

You agree to comply with all applicable export control and trade sanction laws and regulations, including those of the European Union, Germany, and the United States.

24. Copyright Policy

24.1 PuttView respects intellectual property rights.

24.2 If you believe that content within the App infringes your copyright, you may submit a notice including:

• identification of the copyrighted work
• identification of the allegedly infringing material
• your contact information
• a statement of good-faith belief
• a statement under penalty of perjury.

24.3 Notices should be sent to: [email protected]

25. Apple App Store Terms

25.1 These Terms apply only between you and PuttView, not Apple.

25.2 Apple is not responsible for the App, its content, maintenance, or support services.

25.3 Apple and its subsidiaries are third-party beneficiaries of these Terms.

26. Privacy Policy

Your use of the App is also subject to the PuttView Privacy Policy, which explains how personal data is collected, used, and processed in connection with the App. The Privacy Policy is available at: https://www.puttview.com/terms/privacy-policy-global/

27. Changes to the Terms

During the term of the agreement, PuttView may amend these Terms in order to (1) adapt the Terms to new statutory requirements or a change in higher or supreme court rulings, (2) eliminate doubts as to interpretation or (3) adapt the Terms to changed technological developments or market conditions. PuttView shall inform you of such changes to these Terms in text form at least 4 weeks before the change comes into effect. PuttView may communicate such information through the App. If you do not object to an amendment within 4 weeks of receipt of the notification, the amendments are deemed to have been effectively agreed. PuttView will inform you separately of the right of objection and the consequences of remaining silent when informing you of the change.

28. Severability

If any provision of these Terms is held to be invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that most closely reflects its intended economic purpose. The same applies in the event of any gaps in these Terms.

29. Contact

For questions regarding these Terms: [email protected]

Sample Withdrawal Form (for Consumers)

If you wish to cancel the agreement, please fill out this form and send it back to us.

To: Viewlicity GmbH, Barnerstraße 14b, 22765 Hamburg, Germany, email: [email protected]

I/we (*) hereby withdraw from the agreement concluded by me/us (*) for the following App:

Ordered on: ___________________________

Name of the consumer(s): ___________________________

Address of the consumer(s): ___________________________

Signature of the consumer(s) (only for notification on paper): ___________________________

Date: ___________________________

(*) Delete as appropriate.