Terms of Use (App)

The BAL.ON App is provided to You by Benecke-Kaliko AG, a subsidiary of CONTINENTAL AG. In order to use the functions of the app, You must purchase the associated BAL.ON Kit, which is available exclusively via the website https://www.bal-on.golf/ in Germany, Sweden and Spain. The App, together with the BAL.ON Kit, allows You to measure and improve your balance and skills in the practice of golf. The information provided through the app is non-binding and is provided for informational purposes only.

1                Definitions

1.1            CONTINENTAL, hereinafter also referred to as "we" or "us", means Benecke-Kaliko AG, Beneckeallee 40, 30419 Hanover, Germany, a subsidiary of Continental AG, Vahrenwalder Str. 9, 30165 Hanover, Germany.

1.2            She or You refers to You as a user of the App and its Services.

1.3            App means the BAL.ON App provided by CONTINENTAL via an App Store as part of the BAL.ON Kit.

1.4            Services means all functions and services that can be accessed via the App, regardless of whether they require an Internet connection; the services include the cloud-based services required for this purpose (e.g., BAL.ON user account, access to downstream services).

1.5            End Device means the information technology device (smartphone) You use on which You operate the App.

1.6            BAL.ON Kit refers to a set offered by CONTINENTAL consisting of a pair of pressure-sensitive insoles with Bluetooth connectivity that enables swing analyses via the App.

2                Subject matter of the contract, scope of application, conclusion of the contract

2.1            These Terms of Use apply between You as the user and CONTINENTAL as soon as You accept them after installing the App by clicking the corresponding button in the App.

2.2            The subject matter of the contract is the use of the App. These Terms of Use apply exclusively to the use of the App and the included services.

2.3            These Terms of Use do not in any way affect any statutory warranty rights or other legal rights You may have as a consumer in your country of residence. Warranty terms issued by CONTINENTAL do not apply to the App and its Services.

2.4            Upon acceptance of these Terms of Use, the App Store operator and its affiliates shall have the right to enforce these Terms of Use against You as third party beneficiaries hereunder.

3                Requirements for use, purpose of use

3.1            To connect to the BAL.ON Kit to feed the collected data into the App, the following requirements must be met:

  • Presence of a Bluetooth 4.0-enabled end device.
  • Downloading the App from an App Store to your compatible end device.
  • Acceptance of these terms of use.
  • Presence of the and connection with the BAL.ON Kit.
  • Registration of a BAL.ON user account in accordance with these Terms of Use.

3.2            You must ensure that there is a Bluetooth connection between your mobile end device and the BAL.ON Kit while using the App.

3.3            Connection with Bluetooth-enabled third-party products is not included in the scope of services. Third-party products are not supported and compatibility is not owed. The App is exclusively for connecting with the BAL.ON Kit.

3.4            Further technical usage requirements for the App can be found in the App Store.

4                Use, limitations of the scope of services

4.1            The use of the App and the Services is free of charge to the extent necessary for the contractual use of the BAL.ON Kit We reserve the right to introduce additional chargeable services in the future and will inform You about this circumstance in due time.

4.2            We are constantly working to improve our products. Therefore, we are entitled to change the content and scope of services of the App and the included services as part of an update at our reasonable discretion and to provide software updates if this is reasonable for You, in particular for the following reasons:

  • for technical reasons, such as troubleshooting or fault clearance,
  • to ensure and maintain safety,
  • for function extensions, or
  • when modifications are required for optimization.

The changes are reasonable in particular if the existing scope of services is not restricted or any existing services are replaced by equivalent other services.

4.3            We are not obligated to provide the following services:

  • Support related to the App, the Services, or services provided by third parties.
  • Establishing compatibility of the App with your end device (hardware, operating system, various versions, drivers and / or control elements) or third-party products, unless we are obligated to do so within the scope of liability for material defects or defects of title for the App, the Services or the BAL.ON Kit.

4.4            We will, in our reasonable discretion, make the App available in the App Store for a reasonable period of time that You may expect based on the nature and purpose of the BAL.ON Kit and taking into account the circumstances and nature of this Agreement. We may, in our reasonable discretion, terminate the provision of the App in the App Store at any time after the expiration of this period (e.g., for technical or sales reasons).

4.5            The respective App Store provider does not provide any support with regard to the App. All claims of the user regarding the App, its possession and / or its use must be directed against CONTINENTAL and not against the App Store provider.

5                Software updates

5.1            We are only obligated to provide updates or upgrades to the App and its Services ("Updates") during the period that You can expect based on the nature and purpose of the BAL.ON Kit and in consideration of the circumstances and nature of this Agreement, which are necessary both to ensure and maintain security and to use the BAL.ON Kit as intended. We will inform You about these Updates, any required installation instructions, and the consequences of failing to install them in an appropriate manner (e.g., in the App Store, on our social media channels, or in the App).

5.2            If we provide an update that is required to maintain the intended use of the App and its Services together with the BAL.ON Kit, it is your responsibility to install it within a reasonable period of time to continue using the App and its Services together with the BAL.ON Kit.

5.3            We are not obligated to provide an update that improves features or expands existing functionality.

5.4            You are obliged to perform updates within a reasonable period of time if

  • we inform You about the availability of the update as well as the consequences of a failure to install it in a suitable place and
  • the functionality or security of the App and its Services cannot otherwise be ensured.

Where necessary, we will provide installation instructions. Please note that delays or failure to update may result in the inability to connect the BAL.ON Kit or may pose security risks.

6                BAL.ON user account

6.1            To fully use the App, You need to register for a BAL.ON user account.

6.2            You may only register for a BAL.ON user account if You are of legal age and have not been previously excluded from use by us. Minors require the consent of their parents or a legal guardian to use the App and the services. If You as a parent or guardian allow your child to use the App and the Services, these Terms of Use apply to You; to that extent, You assume responsibility for his or her use.

6.3            For successful registration You need to provide the following data:

  • E-mail address
  • BAL.ON user account password

You can optionally specify the following data:

  • Phone number

6.4            You will receive an email with a code to verify your BAL.ON user account to the email address You provided during registration. To complete the registration, You must enter the code in the App on the registration page. Upon successful registration, we will create your user account. You can then log in to your user account in the App using your email address and password.

6.5            After successful registration, You have the option to personalize your user profile by providing additional voluntary information.

6.6            The user account is not transferable to another person. Only one user account may be created per person.

6.7            You must keep your password secret from third parties. If third parties have obtained knowledge of this data or if You have a corresponding suspicion, You are obliged to change the password immediately and to notify us. We are entitled to block access to the user account if there is reasonable suspicion of misuse of the data access by third parties.

7                Your general obligations as a user

7.1            We rely on your cooperation to fix malfunctions of the App and its services, including updates. Please notify us of any errors You may have encountered by emailing us at contact@bal-on.golf.

7.2            You may not use the App and its Services, including Updates, in a manner that

  • may cause damage to the BAL.ON Kit or impair its safety or that of the Services.
  • is not permitted under the terms of use of the Apple App Store and the Google Play Store.
  • violates legal regulations.

8                Rights of use; Contents

8.1            We grant You a right to use the App and its Services, including Updates, for the purpose that is technically necessary to use them as intended and in accordance with these Terms of Use together with the BAL.ON Kit.

The right of use is

  • non-exclusive,
  • non-transferable,
  • not sublicensable and
  • limited in time to the duration of this contract.

The right of use only includes the right of reproduction insofar as loading, displaying, running or saving the App in your end device technically requires reproduction.

8.2            In particular, You may not do the following with the App and, to the extent technically possible, with the Services, including updates:

  • Distribute, copy (unless this is for the intended use), modify or edit or transform.
  • Extract content.
  • Reverse Engineering.
  • Provide or rent the App and its services or updates to third parties.

8.3            The provisions of Section 69d (2) German Copyright Law (UrhG) [creation of a backup copy by a person authorized to use] and Section 69d (3) UrhG [observation, examination and testing by acts for which an authorization exists], Section 69e UrhG [decompilation to establish the interoperability of an independently created program] shall remain unaffected by the above provisions.

8.4            In the event that You create content in the App, in particular, but not limited to videos, audio, photos or other content (hereinafter “Content”), You hereby grant to Continental, as of the respective time of their creation, the non-exclusive rights of use, unlimited in terms of space, time and content, regarding this Content to facilitate the use of the App as well as the use of related services, in particular, but not limited to, the BAL.ON Academy.

8.5            You warrant that all Content Continental receives is not encumbered with (unlicensed) copyrights, industrial property rights, neighbouring rights or other third-party rights. You warrant and ensure that all necessary approvals for the creation and use of the Content pursuant to these Terms of Use have been provided. If persons are depicted or audible on the Content, the additional prior written consent of those persons may be required for the production of the Content. In this event, You will obtain the relevant consent from said persons. If You involve third parties in the production of the Content, You will make sure that You are granted the rights required to grant the rights pursuant this Section.

9                Claims for defects

9.1            We shall be liable for material defects and defects of title of the App and its services, including any updates, in accordance with the statutory provisions.

9.2            We shall be entitled to refuse to provide updates (sec. 5) within the scope of subsequent performance if this is only possible at disproportionate cost, e.g. in the following cases:

  • Support for operating systems no longer in common use.
  • Repair of defects that are very rare in relation to the total number of users and unforeseeable taking into account the care required in traffic, the repair of which requires the commissioning of third parties.
  • If it can be reasonably demonstrated that the cost of developing the update exceeds the general development cost of the BAL.ON Kit.

10             Liability

10.1          Unless we have acted intentionally or with gross negligence, we shall not be liable for any loss or damage that is

  • has been caused by misuse of the BAL.ON user account or by your incorrect entries.
  • was caused by your culpable failure to perform an update and the damage would have been prevented if You had installed the update.

10.2          For the rest, we are liable

  • for intent and gross negligence,
  • in accordance with the provisions of the Product Liability Act,
  • to the extent of any warranty expressly assumed by us, as well as
  • for culpably caused damage to life, body or health

according to the legal regulations.

10.3          In addition to the cases regulated in sec. 10.2 we shall also be liable for the slightly negligent breach of an essential contractual obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and on the compliance with which You may regularly rely (cardinal obligations). In this case, liability is limited to the amount of the foreseeable damage, the occurrence of which must typically be expected. Furthermore, we shall not be liable in the event of a slightly negligent breach of cardinal obligations.

11             Communication between You and CONTINENTAL

You agree that we may communicate any legally or technically relevant statements that are not advertisements, such as notices of termination or notices of updates or changes to the Terms of Use, via the email address You provided when You registered for a BAL.ON user account.

12             Contract duration, termination , user account blocking

12.1          This contract shall run until one of the contracting parties declares its termination. Both contracting parties are entitled to terminate these Terms of Use at any time without notice. The right to terminate for cause remains unaffected for both parties.

12.2          You can permanently delete your BAL.ON user account at any time in the app menu under "Delete user account". The parts of the contract concerning the use of the BAL.ON user account and the services available via the user account end automatically when You delete your user account, without the need for termination.

12.3          Uninstallation of the App or installation of a new version of the App (including updates and upgrades) with new or amended Terms of Use shall also be deemed a notice of termination of these Terms of Use on your part.

12.4          The removal of the App from all App Stores shall also be deemed to be a declaration of termination of these Terms of Use on our part.

12.5          The right to extraordinary termination for good cause remains unaffected for both parties. An important reason exists for us in particular if You violate the following provisions of these Terms of Use:

  • Sec. 6.7 (Disclosure of the password to third parties)
  • Sec. 8.1 (Exceeding the rights of use granted)
  • Sec. 8.2 (Violation of explicitly prohibited actions)

12.6          In the event of a violation pursuant to sec. 12.5 we shall be entitled to immediately block your user account and to exclude You from further use of the App and the services after prior notification and unsuccessful expiry of a reasonable period of time. The period is dispensable if there are special circumstances that justify the immediate termination after weighing the interests of both parties. In the event of an extraordinary termination for cause, You are no longer entitled to register again.

13             Changes to these terms of use

13.1          We are entitled to amend or supplement these Terms of Use. Sec. 4.1 remains unaffected by this. We will only make such changes or additions if it is necessary for an important reason such as technical (significant functional changes or enhancements, adaptation of the App to the state of the art, security-related changes) or legal reasons (changes in case law, changes in the law). We will notify You of changes or additions four weeks before the changes come into effect in an appropriate manner, such as in the App Store, via the App or, if You have created a user account, via the email address You have provided. In the notification, we will inform You of your extraordinary right of termination (see sec. 13.2) and that we may terminate this Agreement if You do not accept the amended Terms of Use. We will display changes and amendments when You start the App. You may accept them if You agree. If You do not accept them, we are entitled to terminate this contract.

13.2          You are entitled to extraordinary termination of the applicable Terms of Use within four weeks of receipt of the notification; You can find your termination options in Section 12. If You terminate the contract, it will only continue to run until You uninstall the App or install an update of the App with new or amended Terms of Use. If You do not exercise your right of termination, the contract will continue with the amended Terms of Use as soon as You have downloaded an update of the App with the amended Terms of Use from the App Store and agreed to these new Terms of Use in the App. 

14             Settlement of disputes, final provisions

14.1          You can find the EU platform for extrajudicial online dispute resolution at http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board according to the Consumer Dispute Resolution Act.

14.2          The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and regulations that refer to the law of other countries. If You have your habitual residence in another country, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

14.3          The invalidity of a provision shall not affect the validity of the remaining provisions. In the event that there is a loophole, the parties undertake to replace the missing provision with a contractual provision that corresponds to the concurring will of the parties. The same shall apply if a loophole arises because a provision is invalid or void and no statutory provision is available to fill the loophole.

Thank you for reading our terms of use.

Status: September 2022