Terms and Conditions

Terms and Conditions

for the purchase and use of the mobile application „bebrassie“

Terms & Conditions between Tourbrassie GmbH, Grubmühlerfeldstr. 14 b, 82131 Gauting („Tourbrassie“) and the user of or the mobile application “Bebrassie” (“User”)

The legal terms set out below (the “Terms”) govern the use of the mobile application named “Bebrassie” (“App”). These Terms and conditions also can be accessed on our website as well as downloaded and printed.

1 GENERAL TERMS

1.1 The general provisions of these Terms come into effect by initiating the download process via the website www.bebrassie.com or any other platform maintained by third parties (e.g. any app store), by clicking the button “DOWNLOAD” or undertaking an equivalent action. Is the respective app store operated by a third party, these Terms do only apply if Tourbrassie is your contractual partner according to law and not the operator of the respective app store. With this action, the contract (“Contract”) between Tourbrassie and the User is concluded.

1.2 These Terms are applicable for both, consumers and businesses. Opposing or deviating Terms of Users are excluded and shall be not part of the contract, unless they are agreed upon by Tourbrassie and the User in written form.

2 LICENCE

2.1 The App, consisting of software, documentation and any other material or data provided with the download, its elements and parts of its elements remain the property of Tourbrassie. The User obtains a non-exclusive, non-transferable and non-sublicenceable right to use the App according to these Terms until the end of the contract (“Licence”).

2.2 Tourbrassie grants the User the Licence to download, install and operate the App for his own private purposes. The use for any professional purposes requires Tourbrassie’s explicit prior consent in written form.

2.3 Within the Licence, the User is only allowed to create a back up copy in order to restore the App in case of hardware or software malfunction of the mobile device The User is prohibited to create any other reproduction of the App, its elements and parts thereof.

2.4 The Licence expires with the termination of contract, the removal of the App from the User’s mobile device or in case of any violation of these Terms.

3 GENERAL CONDITIONS OF USE

3.1 Terms of use

3.1.1 The User is only allowed to use the App for the purposes it is designated for by Tourbrassie. He may use the Services only for his own private purposes. The use for any other purpose requires the prior written consent of Tourbrassie.

3.1.2 The User is prohibited to use the App to infringe upon or violate the rights of any other party. Furthermore, he is prohibited to carry out any interference with the functionality of the App, the websites or any other product of Tourbrassie, such as, but not limited to, out of memory attacks, mass sending of e-mails, hacking attempts, brute force or the use of spyware, viruses as well as worms.

3.1.3 The User is responsible for the protection of the App and its parts. He is liable for any damage of Tourbrassie or any third party caused by any action undertaken using the App or parts of it, in its original or modified form. The User is obliged to prevent any misuse of the App or parts of it and will communicate immediately any circumstances that might indicate any misuse to Tourbrassie via info@tourbrassie.com. In case of misuse of the App or parts of it, the User has to undertake all measures necessary to prevent the misuse indicated.

3.2 Intellectual Property

3.2.1 The User agrees that the App, including but not limited to, its contents – might they be in form of text, graphics, audio or video files – design, editorial content, as well as the scripts and codes used to implement the App are the property of Tourbrassie and/or its licensors.

3.2.2 The User is prohibited to remove or manipulate any trademark or copyright signs or the App or it’s content.

3.3 Personal Data

The information, provided by the User as well as any other data, obtained by the User, will be processed and saved by Tourbrassie in accordance with the Privacy Policy of Tourbrassie, which can be found here.

3.4 Liability

3.4.1 Tourbrassie is only liable for damages caused by intent or gross negligence, including intent or gross negligence of its representatives or agents. The claim for damages then is limited to the foreseeable damage. Tourbrassie’s liability for damages to life, body or health or wilful misconduct, the assumption of guarantees, its liability in case of fraudulent concealment of circumstances regarding the standard of the offered products by Tourbrassie and other cases of mandatory liability shall remain unaffected.

3.4.2 Tourbrassie is not liable for any damages caused by any use of the App that contradicts these Terms.

3.4.3 Tourbrassie does not assume any guarantee and therefore is not liable for the constant functionality of the App or the constant availability of the website www.bebrassie.com or any other website or database (“Database”), required for the functionality of the App or their accuracy. Especially, there is no liability in case of temporary malfunction or interruption. Tourbrassie is not liable for any damages caused by any change and /or cancellation of the App, the Database or the services supplying the App or its content for editorial reasons.

3.4.4 Tourbrassie does not assume any guarantee and is not liable for the unlimited interoperability of the App with the User’s mobile device. Tourbrassie is further not liable for any damages caused by malfunctions due to insufficient interoperability of the User’s mobile device, its operating system or any other data, such as, but not limited to other software, present on the device.

3.4.5 Tourbrassie reserves the right to modify or to block, partially or as a whole, the App’s access to the Database, parts of it, single pages, parts of pages or certain contents of the Website if required by law, in case of misuse or for editorial reasons.

4 UPDATES

4.1 Tourbrassie is eager to keep the App as secure and technological up to date as possible. Therefore, Tourbrassie may from time to time launch updates or new versions of the App (“Update”) in order to eliminate security threats, adapt the App to new technical developments and standards or to offer new features. If so, Tourbrassie shall inform the User via email of the availability of the Update.

4.2 The Update shall be accessible for/by the User without any additional fee. He is not obliged to download and/or install the Update.

4.3 Tourbrassie may block the access of an out-dated version of the App to the Database completely or in part, in case the out-dated version of the App poses a threat to the security or integrity of the Database, the App or the mobile device of the User or in case, the maintenance of the access becomes technically or economically unprofitable.

5 INFORMATION ABOUT THE RIGHT OF WITHDRAWL

Right of Withdrawal

YOU HAVE THE RIGHT TO WITHDRAW FROM THIS CONTRACT WITHIN FOURTEEN (14) DAYS WITHOUT GIVING ANY REASON.THE WITHDRAWAL PERIOD WILL EXPIRE AFTER FORTEEN (14) DAYS FROM THE DAY OF THE CONCLUSION OF THIS CONTRACT.TO EXERCISE THE RIGHT OF WITHDRAWAL, YOU HAVE TO INFORM US (TOURBRASSIE GMBH, GRUBMÜHLERFELDSTR. 14 B, D-82131 GAUTING, PHONE: +49 89/89557170, FAX: +49 89/89557169, EMAIL: INFO@TOURBRASSIE.COM) OF YOUR DECISION TO WITHDRAW FROM THIS CONTRACT BY AN UNAMBIGOUS DECLARATION (E.G. A LETTER SENT BY POST, FAX OR E-MAIL).TO COMPLIE THE WITHDRAWAL PERIOD, IT IS SUFFICIENT FOR YOU TO SEND YOUR DECLARATION CONCERNING YOUR EXERCISE OF THE RIGHT OF WITHDRAWAL BEFORE THE WITHDRAWAL PERIOD HAS EXPIRED.

Consequences of Withdrawal

IF YOU WITHDRAW FROM THIS CONTRACT, WE SHALL REIMBURSE ALL PAYMENTS RECEIVED FROM YOU, INCLUDING THE COSTS OF DELIVERY (WITH THE EXCEPTION OF THE SUPPLEMENTARY COSTS RESULTING FROM YOUR CHOICE OF A TYPE OF DELIVERY OTHER THAN THE LEAST EXPENSIVE TYPE OF STANDARD DELIVERY OFFERED BY US), WITHOUT UNDUE DELAY AND IN ANY EVENT NOT LATER THAN FOURTEEN (14) DAYS FROM THE DAY ON WHICH WE RECEIVE YOUR COMMUNICATION OF THE WITHDRAWL FROM THIS CONTRACT. WE WILL CARRY OUT SUCH REIMBURSEMENT USING THE SAME MEANS OF PAYMENT AS YOU USED FOR THE INITIAL TRANSACTION, UNLESS YOU HAVE EXPRESSLY AGREED OTHERWISE; IN ANY EVENT, YOU WILL NOT INCUR ANY FEES AS A RESULT OF SUCH REIMBURSEMENT.

End of Information about the right of Withdraw

6 TERMINATION OF CONTRACT, REFUND

6.1 Termination of Contract

6.1.1 The User may terminate the contract at the end of a month with one (1) weeks notice by indicating his whish to do so by email to info@tourbrassie.com.

6.1.2 Tourbrassie may terminate the contract via email at any time in case of any violation of these Terms, to protect the Database’s and/or the App’s safeguard, or parts of it, or Tourbrassie’s own rights or those of a third party with or without prior notice.

6.1.3 The parties’ right to extraordinary termination of the contract shall remain unaffected.

6.1.4 With the termination coming into effect, the App’s access to the Database will be blocked. The User’s personal information will be deleted after a period of ninety (90) days. The User is obliged to remove the App, including all its components as described in clause 2.1, from all his mobile devices, the App was installed on before, including any backup copies.

6.2 Refund

If the User terminates the contract within thirty (30) days after initiating the first download of the App and using the App for three rounds of golf or more, Tourbrassie shall refund the User the fee paid by the User for downloading the App or any other fee, due for using the App for this month. Tourbrassie shall not have this obligation in case a breach of these Terms by the User is indicated by facts.

7 APPLICABLE LAW AND PARTIAL INVALIDITY

7.1 German law shall apply to this contract. The application of the United Nations Convention for the International Sale of Goods is excluded.

7.2 The partial invalidity of a single provision or provisions of this contract does not affect the effectiveness of the remaining provisions.

8 ADOPTION OF CONDITIONS

Tourbrassie reserves the right to change these Terms whenever necessary to adapt it to legal changes or subsequent occurring loopholes. In this case, Tourbrassie will inform the User about the changes via e-mail within thirty (30) days prior to the effective date. The changes come into effect if the User does not object the modifications within that period. If he does object, the contract will terminate at the end of the period. With the e-mail mentioned previously, the User will be informed again about this procedure.

Automatic hit detection

The patented automatic impact detection (ASD) works reliably and uses the existing sensors on your smartphone or smartwatch. Additional hardware is not necessary.

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GPS range finder & yardage book

On the course, our GPS rangefinder helps you determine the distance and the yardage book helps you plan your shots.

See how far you have hit your shots and how far you are from the tee. This will help you find your tee shots more easily.

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1000+ stats about your game

bebrassie helps you get to know your game better with over 1000 stats, make your training better and therefore need less clubs.
  • Strokes Gained Statisiken
  • Stroke length and deviation
  • Putt and short game statistics
  • Green and fairway in regulation
  • and much more.
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Connect with your coach

With bebrassie's group function, you can share your laps and statistics with your coach or a group of friends.

  • rankings
  • player profiles
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All features at a glance

PLAYGOLF (Mobile App)

  • over 40,000 golf courses available worldwide
  • Automatic Shot Detection (ASD technology) records your play and automatically detects your long and short game shots simply by analyzing your motion profiles (US Patent: 10.001.563).
  • ASD also on your smartwatch - wear your smartwatch and the distances are displayed directly on your wrist - the ASD on the smartwatch also automatically recognizes your strokes in the background.
  • No additional hardware required - bebrassie uses the acceleration and motion sensors of your smartphone or smartwatch - no manual input is required.
  • Easy upload and offline use - You can use bebrassie in flight mode or offline - no problem - it's enough if you have downloaded the course data to your smartphone.
  • Rangefinder - Get exact distances to the green (start, middle, end) - as well as distances from the tee and your last detected shot.
  • Smart Yardagebook - Measure all distances directly on the golf course - and make the right decisions.
  • Putts and Pin - Edit your putts and pin position directly on the round (only 2 seconds per hole) and reduce your follow-up effort by up to 90%.
  • Many other extras - weather and altitude differences during your round are automatically recorded. Take photos during the round and create posts for social media from your rounds.

EDIT ROUNDS

  • Drag & Drop - Our intuitive drag & drop operation allows you to follow up on your round in a very short time and to check the recognized shots.
  • Learning System - bebrassie assigns the appropriate club to the shots based on your data - you usually don't have to adjust anything.
  • Special game situations such as the ball being out of bounds or lost can be adjusted intuitively and presented in a meaningful way.
  • Helpful additional information - We provide you with a lot of additional information about your round (wind strength and direction) and your strokes (differences in altitude and strokes gained values).
  • Create round - Here you can manage and edit all your rounds. If you forget to record a lap, you can recreate the lap from memory.
  • Create Game Plan - You can also plan an upcoming round and see which shots you probably have to play.

VIEWSTATS

  • Round history - Here you can find all your golf rounds and the most important statistics at a glance.
  • Scoring Details - In the power score card you can find all your shots, used clubs and statistics of the individual round.
  • Strokes Gained - bebrassie provides you with real Strokes Gained statistics like on the PGA Tour - you can freely choose your comparison group according to your skill level.
  • World Handicap -bebrassie calculates your current World Handicap (WHI) based on your recorded rounds and shows you all relevant scoring statistics.
  • Clubs and distances - bebrassie shows you how far you hit your clubs and how often you use them.
  • Diviation - bebrassie shows you how big your scatter is with each club and from different distances.
  • Putting Statistics - bebrassie calculates your 1-putt and 3-putt probability as well as many other relevant putting statistics.
  • Classic statistics - In addition to the strokes gained values, bebrassie also provides you with all other statistics such as GiR, FiR, putts per green and much more
  • Extensive filter function - You can display and evaluate all your statistics and data with numerous filters.

DASHBOARD

  • All important statistics at a glance - Our dashboard gives you a quick overview of your game and your development.
  • Performance Trends - See how your Scoring and Strokes Gained values ​​are developing. You can set different time periods.
  • Strengths and Weaknesses Profile - Recognize your playing system at a glance and find out where your strengths and weaknesses lie.
  • YouTube - In our linked YouTube channel you will find many videos from our experts with tips and tricks about the bebrassie app and how to use it.

MYREPORTS

  • Create Reports - Create a report for a single round or for all rounds in a specified time period - and get your own PDF reports to send to your coach, other golfers or management.
  • Archive - All your reports are stored here and you can access them again and again.

MYGROUP

  • Group function - Invite friends and acquaintances to a group and give each of you specific access rights. Or become part of a group you join yourself.
  • Ranking list - The group members can be sorted according to specific data and displayed in a ranking list.
  • Player profile - Look at the most important statistics for each group member and compare them with a freely selectable comparison period.
  • Coach function - With the appropriate permission, the coach can access, evaluate and analyze the data of his players.

UNIVERSITY

  • Knowledge database - our experts provide you with a wealth of information on using the app and evaluating your data.
  • Glossary - All terms used by bebrassie or relevant to the game of golf are explained here.
  • FAQs - Many questions that reach us every day via support are explained in detail here.
  • Tutorials - In many videos, our experts explain how to handle and use the app and the data analysis.