Terms & Conditions
1. General Provisions
1.1 These Terms and Conditions of Viewlicity GmbH (“Terms and Conditions”) shall apply to all offers, deliveries, support and services with regard to the sale of augmented reality glasses known as PuttView X through Viewlicity GmbH, (“Viewlicity”). Deviating and/or supplementary terms and conditions of the customer (“You” or “Customer”) shall not apply.
1.2 These Terms and Conditions shall apply to ongoing business relations as well as to all of the parties’ future transactions.
The following capitalized terms shall have the meaning set forth below. Other defined terms (whether capitalized or not) used in these Terms and Conditions shall have the meaning set forth elsewhere in these Terms and Conditions:
“Agreement” shall mean any agreement concluded between Viewlicity and the Customer on the purchase of PuttView X through the Viewlicity Webshop, including these Terms and Conditions.
“Contractual Software” means the Viewlicity proprietary augmented reality software for golf putting practice in object code as integrated in PuttView X.
“Initial Term” shall have the meaning set forth in Section 6.2 of these Terms and Conditions.
“PuttView X” means the augmented reality system known as PuttView X, including augmented reality glasses, Contractual Software, a portable Wi-Fi router, heat and sun protection and a portable case, as specified in the product description on
Personal Data” shall have the meaning set forth in Section 11.1 of these Terms and Conditions.
“Renewal Period(s)” shall have the meaning set forth in Section 6.2 of these Terms and Conditions.
“Subscription” shall have the meaning set forth in Section 6.1 of these Terms and Conditions.
“Support and Software Maintenance” means the support and software maintenance services provided by Viewlicity to the Customer as specified in Section 7 of these Terms and Conditions.
3. Conclusion of Contract
3.1 When you place an order for PuttView X in the PuttView Online Store your order constitutes a binding offer to Viewlicity to enter into a purchase agreement. Once You have placed an order with Viewlicity, Viewlicity will send to You an email confirming receipt and listing details of the order (confirmation of receipt of order). Such confirmation of receipt of order does not constitute acceptance of the offer, but is only intended to inform You that Viewlicity has received your order. An Agreement comes into effect once Viewlicity has declared acceptance of the order in writing (with email correspondence constituting written form), but no later than upon delivery. All Agreements will be subject to the terms and conditions of these Terms and Conditions, which supersede and control any inconsistent terms and conditions in other purchase documents of the Customer (unless otherwise specifically agreed in writing by both parties).
3.2 Your ordering process includes the following steps: As a first step of the purchase order procedure You choose the product or service you want to order and enter Customer data including your billing address and delivery address. In a second step You choose your shipping method. In a third step You choose your payment method and enter your respective payment data. In a fourth step You have the opportunity to review and, if required, amend any data you have entered. Finally, You may order PuttView X by clicking the respective order button.
3.3 We will save the text of your order and the Agreement related thereto. You may print your order and the Agreement by clicking the respective print buttons during the final step of your ordering process.
3.4 The Agreement applicable to your purchase is available in English language.
3.5 In order to protect the privacy of our customers we are seriously committed to comply with all applicable data protection laws. Any use of personal data is subject to our Privacy Statement as available on www.puttview.com.
4. Retention of Title
Viewlicity shall retain ownership of PuttView X until payment has been made in full pursuant to Section 8 of these Terms and Conditions. As long as the retention of title is in effect, the goods subject to retention of title may not be pledged, leased or assigned as collateral security without Viewlicity’s prior written consent. In the event of seizures or other third-party claims relating to PuttView X, the Customer must notify Viewlicity without delay and make the third party aware of the retention of title.
5. Contractual Software
5.1 Subject to the Customer’s full payment of the purchase price pursuant to Section 8 of these Terms and Conditions Viewlicity grants to the Customer a non-exclusive right to use the Contractual Software only together with and as part of PuttView X as delivered by Viewlicity.
5.2 The Customer shall NOT: (a) modify, change, enhance or prepare derivative works of the Contractual Software except as expressly permitted by Viewlicity; (b) reverse engineer, disassemble or decompile the Contractual Software, except such action is indispensable in order to obtain information necessary to achieve interoperability of the Contractual Software with an independently created computer program, and the Customer has not been provided access to this information by Viewlicity, despite a written request, within a reasonable period of time, and provided that those acts are confined to the parts of the Contractual Software which are necessary in order to achieve interoperability; (c) remove, obscure, or alter any notice of patent, copyright, trade secret, trademark, or other proprietary rights notices; (d) use the Contractual Software to make available the Contractual Software and/or provide services to third parties, or otherwise use the same on a “service bureau” basis; or (e) use the Contractual Software, or allow the transfer, transmission, export, or re-export of the Contractual Software, in violation of any export control laws or regulations.
5.3 The Contractual Software contains valuable copyright, trade secret, trademark and other intellectual property rights of Viewlicity and its licensors. No title to, ownership of, or rights in any intellectual property in and to the Contractual Software are transferred to the Customer under this Agreement except for those limited rights expressly granted in this Agreement.
6.1 The purchase of PuttView X shall include twelve (12) months of Support and Software Maintenance (hereinafter “Subscription”).
6.2 The term of Subscription shall begin on the day on which PuttView X has been fully delivered to the Customer and shall continue for twelve (12) months (“Initial Term”). The term of Subscription shall automatically renew for additional twelve-month term(s) (“Renewal Period(s)”), unless either party terminates Subscription at the end of the Initial Term or any Renewal Period by giving one (1) month prior written notice to the other. Moreover, during any Renewal Period either party may terminate Subscription at any time upon one (1) month written notice.
6.3 If the Customer allows Subscription to elapse for any period of time, and the Customer subsequently elects to re-subscribe to Subscription, the Customer hereby agrees to pay Viewlicity a reinstatement fee equal to the total fees that would have been due for Subscription during the non-subscription period.
7. Support and Software Maintenance
7.1 Support and Software Maintenance shall include email support and may, at the sole discretion of Viewlicity, include telephone support and remote web support. Moreover, Support and Software Maintenance shall include the delivery of Contractual Software updates, patches and workarounds which are generally made available by Viewlicity during the Initial Term and any Renewal Period. Viewlicity may deliver such updates, patches and workarounds by making them available to the Customer for download via the internet or similar. Support does not include general training or an adaptation of the Contractual Software.
7.3 Viewlicity is entitled to engage qualified sub-contractors for providing Support.
8. Purchase Price and Subscription Fees
8.1 The purchase price for PuttView X, including Subscription for the Initial Term, is set forth in the Customer’s offer. Unless agreed upon otherwise between the parties, the purchase price shall be due for payment within thirty (30) days upon Viewlicity’s acceptance of the Customer’s offer.
8.2 The payment of Subscription fees for any Renewal Period shall be due in advance on the first day of such Renewal Period. In the event that Subscription terminates within a Renewal Period Viewlicity shall reimburse to Customer Subscription fees for the period after the effective date of termination pro rata temporis.
8.3 Viewlicity has the right to adjust the amount of Subscription fees annually. In the event of an adjustment, Viewlicity shall take into account any cost changes that have occurred in the meantime in the area of wages, salaries, IT services, and general costs. Viewlicity shall provide the Customer with thirty (30) days written notice in advance of the effective date of any change in such fees. In the event Viewlicity increases such fees by more than five per cent (5%) the Customer may within thirty (30) days as of receipt of Viewlicity's notice terminate Subscription upon one (1) month notice; in case of such termination the fees remain unchanged.
8.4 Any payment shall be paid to the account referred to in the respective invoice.
9. Warranty (“Gewährleistung”)
9.1 The statutory laws shall apply for Viewlicity’s liability for defects, unless stipulated otherwise below.
9.2 In case of an obvious defect of PuttView X, the Customer shall promptly, in no event later than within ten (10) days as of delivery, notify Viewlicity in writing. In case of non-obvious defects, the Customer shall promptly, in no event later than within ten (10) days as of discovery of the defect, notify Viewlicity in writing.
9.3 In case of a defect of PuttView X Viewlicity may in its own discretion eliminate such defect or deliver a new PuttView X product (“Remedying a Defect”). Remedying a Defect of the Contractual Software or any other software included in PuttView X may include the delivery of an update or upgrade which does not have the defect, or a patch which eliminates the defect.
9.4 If Remedying a Defect fails, the Customer shall be entitled to claim adequate reduction of the purchase price or, provided that the defect does not only impair the use of the PuttView X in accordance with the offer insignificantly, withdraw from the respective Agreement. Such failure may only occur if Viewlicity had been given sufficient and appropriate opportunities to remedy the defect within reasonable terms. The making available of a workaround as a preliminary solution shall be taken into account when calculating such reasonable terms.
9.5 In the event of a sale of PuttView X to an entrepreneur within the meaning of Section 14 German Civil Code (BGB), the liability for defects shall be statute barred after twelve (12) months as of delivery, except that such limitation of the warranty period shall not apply to claims for damages and to liability in the event of fraudulent concealment of a defect.
9.6 The Customer shall support Viewlicity in detecting and remedying defects and shall immediately allow inspection of any data and information, which reveal the more detailed circumstances of the appearance of the defect.
9.7 Viewlicity is entitled to remedy defects at its business premises, e.g. through remote maintenance of PuttView X. Viewlicity shall bear the expenses required for the purpose of inspection and warranty, in particular transportation, travel costs to the Customer’s location specified in the offer, and labour costs, if a defect actually exists. Otherwise Viewlicity may demand that the Customer reimburses any costs incurred by the unjustified request to remedy defects (in particular inspection and transportation costs), unless the Customer was unable to recognize the lack of a defect. In such case the Customer shall bear any costs for material and costs for skilled manual labour (e.g. disassembly and installation costs).
10. Disclaimer of Liability
10.1 With the exception of liability according to Product Liability Law and due to death, physical injury or harm to health, Viewlicity’s liability is limited or excluded as follows.
10.2 In the event of negligence, Viewlicity’s liability is limited to reimbursement of typically foreseeable damages. However, in case of slight negligence (“einfache Fahrlässigkeit”) Viewlicity shall only be held liable, if Viewlicity has breached a duty, the fulfillment of which is necessary to adequately perform this Agreement, and on the fulfillment of which the Customer may rely.
10.3 The foregoing limitation of liability shall also apply to the personal liability of Viewlicity’s employees, staff, representatives and vicarious agents.
11. Data protection
11.1 Concerning Personal Data within the meaning of Article 4 (1) General Data Protection Regulation (GDPR; “Personal Data”) brought to Viewlicity’s attention during Support and Software Maintenance the following applies: Viewlicity shall process such Personal Data as a contract data processor on behalf of and according to the instructions given by the Customer and exclusively for the provision of Support and Maintenance. The Customer shall ensure that the collection, processing and use of Personal Data complies with all relevant statutory provisions, in particular, if applicable, the German Federal Data Protection Act (Bundesdatenschutzgesetz (BDSG)) and the GDPR.
12. Miscellaneous Provisions
12.1 The Customer may only assign rights arising from the Agreement to third parties subject to Viewlicity’s written consent.
12.2 Viewlicity may amend these Terms and Conditions upon one (1) month written notice to the Customer. The amendments shall be deemed having been approved by the Customer and apply as of their effective date proposed by Viewlicity, unless the Customer has notified Viewlicity in writing of its disapproval prior to their proposed date of entry into force. In the event of the Customer’s written notice of disapproval, these Terms and Conditions shall continue to apply without any changes to the previous terms and conditions.
12.3 This Agreement and all legal relationships between the parties shall be construed in accordance with and governed by the law of the Federal Republic of Germany. The application of CISG (“UN Sales Convention”) is excluded. Provisions, in particular those of international private law, which would result in the application of another jurisdiction, are hereby expressly excluded.
12.4 If the Customer is a merchant, a legal entity under public law or a public special asset, Viewlicity’s registered place of business shall be agreed as having exclusive jurisdiction for all disputes arising from or due to the parties’ contractual relationships. Viewlicity, however, shall remain entitled to initiate court proceedings at the seat or general place of jurisdiction of the Customer.
12.5 Should individual provisions of this Agreement be invalid or unenforceable for actual or legal reasons, without rendering the continuity of the remaining provisions unreasonable as a whole for a contractual party, this shall not affect the validity of the remaining provisions. The same shall apply in the event of a contractual gap. In lieu of the invalid or unenforceable provisions or to close any contractual gap, the parties shall agree to a provision that comes closest to fulfilling the economic purpose intended by the contractual parties.