Terms of use

This is a convenience translation. The German version is the binding contract text.

1. Scope and contracting party

These terms govern the use of the Visco mobile app for iOS and Android (“app”) and the website visco.dev (“website”, together the “service”). The provider and your contracting party is Visco Development UG (haftungsbeschränkt), An der Leiten 18, 82069 Schäftlarn, Germany, registered in the commercial register at Amtsgericht München under HRB 316433, represented by Finn Max Löloff (“we”). You can reach us at info@visco.dev.

By creating an account you enter into a contract with us for the use of the service under these terms. Deviating terms of yours do not become part of the contract. The service is aimed at consumers; if you use it as a business, the particulars in section 18 apply.

2. What Visco is — and is not

Visco records your golf swing with your device’s camera, detects body points on the device, computes movement metrics and a score from them, compares them with reference values and suggests drills. In addition the app offers progress features, a community area (the “Clubhouse”) and, in Pro features, an AI-assisted coach (section 10). The app itself describes its current scope; it may evolve (section 11).

Visco is not a medical device and does not replace medical advice or physiotherapeutic, sports-medical or golf-professional supervision. The results are pointers for your training. Their accuracy depends on recording conditions — light, angle, distance, frame rate, clothing. If a recording does not reach the required quality, the app refrains from rating it. We give no assurance that a pointer is correct or suitable for your body, your swing or your goal.

You train at your own responsibility. Practice within your physical capabilities and in a safe environment. In case of pain, complaints or health restrictions, consult a professional before continuing. This also applies to the warm-up exercises the app guides you through.

3. Account and minimum age

• The app requires an account. You sign in with Apple, Google or an email code; there is no password.
• You must be at least 16 years old. By creating the account you confirm this.
• Your details must be accurate. The username must not infringe third-party rights, mislead, or imitate another person.
• Keep your device and the accounts used for sign-in (Apple, Google, email) protected from third-party access. Actions through your account are attributed to you to the extent you are responsible for them. Report any misuse to us without delay.
• An account is personal and non-transferable. Multiple accounts for the same person are not permitted.

4. Free use and Pro

Measuring, evaluating, storing your sessions, the progress features and the Clubhouse are free. Exporting your data and deleting your account are free in any case.

We may offer certain additional features (“Pro”) for a fee. For these:

• We show you the scope, price including VAT, term, renewal and cancellation before purchase in the app and in the respective app store. The Pro contract is concluded when you confirm the purchase in the app store.
• Payment, renewal and cancellation are handled by the app store you obtained the app from (Apple App Store or Google Play). A subscription renews automatically for the chosen term unless you cancel it in your store account’s subscription settings at least 24 hours before it ends.
• Price changes apply to future terms only and are announced to you beforehand; you can then cancel before the new term begins.
• Pro features that use a language model are subject to a fair usage quota per account, which the app displays. It protects against abuse and keeps the service’s costs within limits.

As long as the app offers no purchase path, there are no paid features; the app tells you so at the relevant place.

5. Right of withdrawal

If you conclude a paid Pro contract as a consumer, you have the statutory right of withdrawal. If the purchase is made through the app store, you can also declare withdrawal through the channels provided there; refunds are handled by the store operator.

6. License and updates

• For the term of the contract we grant you the non-exclusive, non-transferable right to use the app on devices you own or control for your own, non-commercial purposes. Use by coaches or clubs for third parties requires a separate agreement.
• Not permitted: circumventing technical protection measures, automated scraping of the service, reverse engineering beyond what the law allows (Section 69e of the German Copyright Act), circumventing usage quotas, and any use that impairs the service or other users.
• Updates. We provide the updates necessary to keep the app in conformity with the contract and inform you about them (Section 327f of the German Civil Code) — usually via the app store or at launch. If you do not install a provided update within a reasonable time, we are not liable for defects that result solely from the missing update. We may also discontinue support for operating system versions the manufacturers no longer support.
• The app, its design, the reference data, the drill library, the images and voice of the coach and the Visco brand are protected by copyright and trademark law. The golf course directory comes from OpenStreetMap and is licensed under the Open Database License.

7. Your content

• Your recordings, measurements, posts, comments, messages and images (“content”) remain yours. We claim no rights in them beyond what is needed to operate the service.
• For content you upload or share, you grant us the non-exclusive, worldwide, royalty-free right to store it, process it technically (e.g. to scale it, create a still frame or draw in the skeleton) and display it to the recipients you choose. This right ends when you delete the content or your account; cached copies are removed within a short time.
• You are responsible for your content. You warrant that you have the necessary rights — in particular that people recognisable in your recordings, including in the background, have agreed to publication.
• We are not obliged to retain content. Videos in Clubhouse posts are deleted automatically twelve months after upload; the app removes local recordings after seven days. Save what you want to keep yourself or via the swing archive.

8. Clubhouse rules

In the Clubhouse you share what you played yourself. Before your first post, comment or message you accept the Clubhouse rules in the app; they form part of these terms. In particular, the following is prohibited:

• insults, harassment, threats, hatred against persons or groups;
• sexual, violence-glorifying or otherwise unlawful content;
• appearing under a false name or as another person;
• recordings of other people without their consent;
• content that infringes copyright, trademark or personality rights;
• advertising, spam, mass messages and harvesting other users’ data;
• manipulating leaderboards, challenges or measurements.

Zero tolerance: Anyone posting such content loses access to the Clubhouse — the first time. For serious or repeated violations we suspend or terminate the account (section 14).

9. Reporting, moderation, suspension

• Reporting. You can report any post, comment, message, challenge, event and profile in the app. Reports can also be sent by email to info@visco.dev (point of contact under Art. 12 of Regulation (EU) 2022/2065). State the content, the reason and — if you assert an infringement of rights — your name and email address.
• Automatic pre-screening. Texts are checked against a block list when saved. After three independent reports, content is hidden automatically until a person has reviewed it.
• Review. We review reported content within 24 hours and remove it if it violates these terms or applicable law. The reported person does not learn who reported them.
• Reasons and objections. If we remove your content or restrict your account, we inform you of the reason and the basis of the decision and point out that you can object. Send objections to info@visco.dev; a person reviews them promptly and we lift the measure if it was unfounded. Manifestly illegal content is removed immediately.
• Self-protection. Mute and block are available to you at any time and take effect immediately, without waiting for our review.
• Anyone who repeatedly submits manifestly unfounded reports may be excluded from the reporting function.

10. AI features

• Your coach is an AI. Chat answers and evaluations are generated by a language model from your measured values and are labeled as AI content in the app. The depictions of the coach, the explanatory and drill images and the coach’s voice are AI-generated; the person shown does not exist.
• Language models can produce incorrect or unsuitable statements. The coach is instructed to speak only about what was measured and to give no medical advice — still, apply common sense to its pointers. For decisions about health, training with complaints or equipment, seek professional advice.
• The deterministic measurements, the score and the form card are not generated by a language model.
• Which data goes to which service providers is described in the privacy policy.

11. Availability and changes to the app

• We strive for reliable operation but do not owe uninterrupted availability. Maintenance, outages at service providers or force majeure may cause interruptions. Measurement on the device works without a network connection; synchronization and the Clubhouse need one.
• We may change the app beyond what is necessary to maintain conformity if there is a valid reason — such as a change in the law, technical development, security reasons or adaptation to new operating system versions — and you incur no additional costs. We inform you clearly in advance in the app about changes that more than insignificantly impair your ability to use the app; in that case you may terminate the contract free of charge within 30 days (Section 327r of the German Civil Code).
• We may discontinue individual features if their operation becomes unreasonable. Your stored data remains exportable.

12. Warranty

The statutory provisions on consumer contracts for digital products (Sections 327 et seq. of the German Civil Code) apply to defects of the service. Please report defects to info@visco.dev with a description, device and app version; that is the fastest way for us to fix them. Measurement accuracy depends on the recording conditions (section 2); a deviation caused by unsuitable recording conditions is not a defect.

13. Liability

• We are liable without limitation for damage resulting from injury to life, body or health, for damage caused intentionally or by gross negligence, and under the German Product Liability Act.
• In cases of slight negligence we are liable only for the breach of essential contractual obligations — obligations whose fulfilment is essential to the proper performance of the contract and on whose observance you may regularly rely — and limited to the damage typical for the contract and foreseeable.
• Otherwise our liability is excluded. This applies in particular to damage from training carried out despite complaints or beyond your own capabilities contrary to section 2, and to content of other users.
• Where our liability is excluded or limited, this also applies to our employees, representatives and agents.

14. Term and termination

• The contract runs for an indefinite period. You can end it at any time by deleting your account in the app (Profile → Settings → Account & data → Delete account) or by asking us by email (instructions). You cancel running Pro subscriptions additionally in the app store; they end with the paid term.
• We may terminate the contract with four weeks’ notice if there is an objective reason, such as discontinuation of the service; you can export your data until then.
• In case of serious or repeated violations of these terms, abuse, or where the law requires it, we may suspend your account, withdraw individual features or terminate the contract without notice. We state the reasons (section 9) and consider beforehand whether a milder measure suffices.
• When the account is deleted, your data is deleted as described in the privacy policy. We cannot restore deleted data.

15. Privacy

How we handle your data is described in the privacy policy. It is not part of the contract but informs you under Art. 13 and 14 GDPR. You give consent to uploading videos and images separately in the app.

16. Changes to these terms

We may change these terms if there is a valid reason — such as new features, a change in the law or case law, app store requirements or security reasons — and the change does not unreasonably disadvantage you, taking both sides’ interests into account. We show you material changes in the app at least 30 days before they take effect and ask for your consent. If you do not agree, you can delete the account without disadvantage before the change takes effect; for running Pro terms the previous version applies until they end. The current version is always available at visco.dev/terms.

17. App Store and Google Play notices

If you obtain the app through the Apple App Store, the following applies in addition: These terms are concluded between you and us, not with Apple; Apple is not responsible for the app or its content. The license in section 6 is limited to Apple-branded devices that you own or control, within the usage rules set out in the Apple Media Services Terms. Maintenance and support are provided solely by us; Apple has no obligation in this regard. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price you paid; to the maximum extent permitted by law, Apple has no other warranty obligation. We, not Apple, are responsible for addressing claims relating to the app — including product liability claims, claims under consumer protection or regulatory law, and claims that the app infringes a third party’s intellectual property rights. You represent that you are not located in a country subject to a US government embargo or designated as a “terrorist supporting” country, and that you are not listed on any US government list of prohibited or restricted parties. You must comply with applicable third-party terms when using the app. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

If you obtain the app through Google Play, the Google Play terms of service apply in addition for the download and payment processing. We remain your contracting party for the use of the app.

18. Final provisions

• The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another state, the mandatory consumer protection provisions of that state remain unaffected.
• For consumers the statutory places of jurisdiction apply. For businesses, legal entities under public law and special funds under public law, the place of jurisdiction is our registered seat.
• The European Commission no longer provides an online dispute resolution platform. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 of the German VSBG). If there is a problem, talk to us directly — we almost always find a solution.
• The contract language is German. This English version is provided for convenience; in case of discrepancies the German version prevails.
• Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected; the statutory provision replaces the invalid one.