Terms of Use and End User License Agreement (EULA) for Darts Scorer 180

These Terms apply to access to and use of Darts Scorer 180 and related services and features.

The Service is made available to consumers.

Where Darts Scorer 180 is obtained through the Apple App Store, Google Play or another distribution service, the additional terms of the relevant platform provider also apply.

In the event of a conflict between these Terms and mandatory terms of the relevant app store, the mandatory app store terms shall prevail to the extent of the conflict.

Darts Scorer 180 is an application for playing, recording and analyzing games of darts.

Features may include, in particular:

• local darts games and game modes;
• storage of players, game results and statistics;
• game history;
• statistics and performance analysis;
• synchronization between devices;
• live display of ongoing games;
• friends and player profiles;
• online games against friends or other users;
• connections with compatible third-party hardware or software;
• paid Pro features.

The exact scope of functionality may vary depending on platform, app version, device, user account and purchased products.

Certain features may be modified, supplemented or discontinued where reasonably necessary, taking the legitimate interests of users into account.

Essential features of the application may be used without registration and, in particular, offline.

Certain features, including cloud synchronization, Live Mode, friends and online functionality, may require a user account.

Data stored exclusively on the user’s device may be lost if the device is lost, damaged, reset or replaced. The Provider does not guarantee that data stored exclusively locally can be recovered.

A user account may be created using authentication methods supported by the Provider. These may include Sign in with Apple and Google Sign-In.

Authentication may technically be provided through external service providers.

Users are responsible for maintaining the security of the Apple, Google or other account used for authentication.

Automated account creation, abusive creation of multiple accounts and transferring an account to another person are prohibited unless expressly permitted by the Provider.

Users can delete their user account through the functionality provided within the application.

Upon account deletion, data associated with the user account, including stored players, games, statistics, player images, friendship relationships and other profile data, will be deleted in accordance with the Privacy Policy.

Technically necessary backup copies may remain for a limited period.

Mandatory statutory retention obligations remain unaffected.

For certain social and online features, users may create a unique username.

Usernames:

• do not have to correspond to the user’s legal name;
• may be changed within the functionality provided by the Service;
• must not infringe third-party rights;
• must not misleadingly impersonate another person or organization;
• must not contain unlawful content or content prohibited under these Terms.

Users have no entitlement to a particular username.

The Provider may remove, change or restrict usernames or require users to change them where necessary due to infringement of rights, abuse, risk of confusion or violation of these Terms.

Registered users may search for other users by username and send friendship requests.

A friendship relationship is established only after the other user accepts the request.

Depending on the available functionality, confirmed friends may see each other’s:

• username;
• stored player names;
• player images;
• game statistics;
• previous games;
• dates of previous games;
• participating players;
• scores and game histories.

This information is generally made available only within the relevant functionality and does not become publicly available solely because a friendship has been established.

Users may remove friends and block or report other users.

Users may provide their own content (“User Content”) through certain features of the Service. User Content may include, in particular:

• usernames;
• player names;
• player images or avatars.

Users may only upload or use content that they are legally entitled to use.

In particular, User Content must not:

• be unlawful;
• infringe copyrights, trademarks, privacy, personality rights or other rights of third parties;
• contain pornographic or sexually explicit material;
• glorify or incite violence;
• contain hateful, discriminatory or dehumanizing material;
• threaten, harass or abuse other persons;
• be fraudulent or misleading;
• contain malware, unauthorized advertising or spam;
• otherwise violate applicable law or these Terms.

Users retain their rights in User Content.

However, for as long as the relevant content is provided through the Service, users grant the Provider a non-exclusive, royalty-free and, to the extent technically necessary, worldwide license to store, reproduce, transmit and display such content within the Service to the extent necessary to provide the functionality selected by the user.

This license does not permit the Provider to use player images for advertising purposes unrelated to providing the Service.

Users may report other users or User Content through the reporting functionality provided by the Service.

The Provider may review reported content or content otherwise brought to its attention and take appropriate action.

Such action may include:

• removal or restriction of content;
• requiring a username or image to be changed;
• restricting social or online functionality;
• temporary suspension of an account;
• permanent suspension or deletion of an account.

Users may block other users. Depending on the relevant functionality, blocked users may in particular be prevented from initiating new friendship requests or other direct interactions with the blocking user.

The Provider is not required to manually review every user activity before publication.

Darts Scorer 180 may provide functionality enabling registered users to play online against each other.

This may include:

• public games that other users may join;
• games against unknown users;
• invitations to friends;
• private games.

When participating in online games, other participants may see, in particular:

• the user’s username;
• a player image where the user has enabled public display of that image;
• the average of the user’s default player;
• scores, statistics and game state relating to the current game.

Previous games and other historical statistics are not made available to unknown players solely as a result of participating in an online game unless otherwise expressly indicated within the Service.

Users decide whether their player image may be displayed publicly in Online Mode.

Online games must be played fairly and in accordance with the intended rules.

In particular, users must not:

• deliberately enter false throws or scores;
• manipulate game results;
• manipulate statistics;
• use unauthorized bots or automation;
• manipulate communication with servers, APIs or realtime systems;
• exploit technical errors or security vulnerabilities to obtain an advantage;
• misuse another person’s identity;
• technically manipulate matchmaking or other online functionality;
• disrupt or sabotage ongoing games.

Where there is reasonable suspicion of manipulation, the Provider may invalidate games, results or statistics and may restrict or suspend access to online functionality.

Registered users may be able to broadcast an ongoing darts game using Live Mode.

A unique code is generated through which the relevant game can be viewed live using the designated web service, including dartsscorer180.live.

Anyone who has access to the relevant code may be able to view the information made available through Live Mode.

Users are responsible for deciding with whom they share such codes.

The Provider cannot guarantee that a code shared by a user will remain confidential.

Darts Scorer 180 may provide interfaces or integrations with third-party hardware or software, including automatic darts scoring systems.

The availability and functionality of such integrations may depend on third-party products, interfaces, APIs, software or services.

Unless expressly stated otherwise, the existence of an integration does not imply any partnership, endorsement, affiliation or other relationship between the Provider and the relevant third party.

The Provider cannot guarantee that third parties will continue to provide their interfaces, hardware or software unchanged.

An integration may therefore be restricted, modified or discontinued where necessary because of technical changes or decisions made by a third party.

Third-party hardware and software may additionally be subject to the respective third party’s terms.

The Provider grants users a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable right to install and use Darts Scorer 180 on supported devices for private purposes.

All other rights remain with the Provider or its licensors.

Except where mandatory law provides otherwise, users may not:

• reproduce or resell the application;
• rent or sublicense it;
• decompile or reverse engineer it;
• modify it or create derivative software;
• circumvent technical protection measures;
• discover or extract source code, private interfaces or internal protocols;
• use the application as the basis for a competing service.

Rights granted by mandatory law remain unaffected.

Data, statistics, match information, rankings, aggregated analysis, database structures and other information generated or compiled by the Provider and made available through the Service may generally be used only as part of the intended personal use of the Service.

Without the Provider’s prior written permission, users must not:

• scrape or crawl the Service automatically;
• perform automated or bulk queries;
• circumvent technical access restrictions;
• access APIs, databases, realtime connections or other backend systems without authorization;
• systematically extract or reconstruct databases;
• commercially reuse or resell data;
• create competing datasets or services;
• use such data to develop, train or improve machine-learning, artificial-intelligence or comparable automated systems;
• use the Service to develop or improve a competing product.

This restriction does not apply to data in which the user holds exclusive rights to the extent mandatory law or expressly provided export functionality permits such use.

All rights in Darts Scorer 180, including software, design, user interface, trademarks, logos, graphics, texts, database structures and other elements of the Service, remain with the Provider or the relevant licensors.

Use of the Service does not transfer ownership rights in these elements to users.

Certain additional features may be offered as paid “Pro” functionality.

The Provider may offer, in particular:

• monthly subscriptions;
• annual subscriptions;
• one-time purchases.

Applicable prices and benefits are displayed before purchase within the application or relevant app store.

In-app purchases are processed through the relevant app store. The Provider may use RevenueCat or comparable technical service providers to manage and validate purchase entitlements.

The Provider does not directly process complete payment-card details.

Subscriptions automatically renew in accordance with the conditions displayed at the time of purchase unless cancelled in time through the relevant store account.

Purchases and subscriptions are concluded through the relevant app store. Depending on the app store and the user's country of residence, Apple or Google acts as the seller or merchant of record for these transactions and is responsible for billing, cancellation and refunds.

Management, cancellation, refunds and billing are therefore additionally subject to the terms of Apple, Google or the relevant distribution channel, in particular:

• the Apple Media Services Terms and Conditions, available at https://www.apple.com/legal/internet-services/itunes/;
• the Google Play Terms of Service, available at https://play.google.com/about/play-terms/.

Users cancel a subscription themselves through the store account used for the purchase:

• Apple: in the App Store settings on the device or at https://apps.apple.com/account/subscriptions;
• Google Play: in the Google Play app or at https://play.google.com/store/account/subscriptions.

The Provider cannot cancel, change or refund a subscription purchased through an app store on a user's behalf. The Provider is not a party to that payment relationship and has no access to the billing data or subscription management of the relevant app store.

Cancelling a subscription ends future renewals. Unless mandatory law or the rules of the relevant app store provide otherwise, cancellation does not shorten the billing period that has already been paid for.

Refund requests are submitted to the relevant app store, for Apple purchases at https://reportaproblem.apple.com and for Google Play purchases through the Google Play account used for the purchase.

Where a statutory right of withdrawal or another mandatory consumer right applies to a purchase, it is exercised against the seller of record for that purchase in accordance with its terms and applicable law.

Apple and Google may also grant refunds outside a statutory withdrawal period at their own discretion. Any such decision is made solely by the relevant app store operator.

Deleting the application or a Darts Scorer user account does not automatically cancel a subscription purchased through an app store.

The free version of the Service may contain advertising.

The type and extent of advertising may change over time.

Where personal data is processed in connection with advertising, such processing will occur only in accordance with the applicable Privacy Policy and applicable legal requirements.

The Provider aims to maintain a high level of availability but does not guarantee uninterrupted availability at all times.

Online, cloud, friends, Live Mode and synchronization functionality may temporarily be unavailable due to maintenance, technical problems, internet outages, third-party provider failures or force majeure.

Offline functionality may remain unaffected.

The Service assists users in recording and analyzing darts games.

The Provider does not warrant that automatically or manually recorded scores, statistics, checkouts, recommendations or other calculations will be error-free under all circumstances.

Third-party automatic scoring systems may, in particular, produce recognition errors.

Users remain responsible for checking results that are important to them.

The Service may only be used in accordance with these Terms and applicable law.

Users must not engage in conduct that:

• impairs the Service or its infrastructure;
• harasses or endangers other users;
• infringes third-party rights;
• circumvents security measures;
• enables unauthorized access to data or systems;
• uses the Service for unlawful purposes.

Applicable statutory liability rules apply.

To the extent permitted by law, the Provider is not liable for damage resulting from circumstances outside its reasonable control, including failures of internet connections, app stores, cloud infrastructure or third-party services.

Liability for intent, gross negligence, injury to life, body or health and liability required by mandatory law remains unaffected.

In cases of slightly negligent breach of essential contractual obligations, liability shall, to the extent permitted by law, be limited to foreseeable damage typical for the contract.

The Provider may further develop the Service and add, modify or remove functionality.

Material changes to these Terms will be communicated to users in an appropriate manner where legally required.

Users may be required to accept updated Terms before using material new functionality.

Where Darts Scorer 180 is obtained through the Apple App Store, this agreement is between the user and Appitized GmbH only, and not with Apple.

Apple is not responsible for the application or its content.

To the extent permitted by applicable law, Apple has no obligation to provide maintenance or support services in relation to the application.

In the event of a valid claim arising from failure of the application to conform to an applicable warranty, users may contact Apple in accordance with the applicable App Store terms. Any further obligations remain with the Provider to the extent required by applicable law.

The user confirms that they will not use the application in violation of applicable export-control or sanctions laws.

Apple and its subsidiaries are third-party beneficiaries of the relevant provisions of this agreement and may enforce those provisions against the user.

Use of the application must also comply with the applicable Apple App Store terms, in particular the Apple Media Services Terms and Conditions available at https://www.apple.com/legal/internet-services/itunes/.

Where the application is obtained through Google Play, the applicable Google Play terms also apply, in particular the Google Play Terms of Service available at https://play.google.com/about/play-terms/.

Purchases, subscriptions, cancellations and refunds are additionally subject to the applicable Google Play rules and are handled through the Google Play account used for the purchase.

Information about the processing of personal data is provided in the current Darts Scorer 180 Privacy Policy.

German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods, except where mandatory consumer protection provisions provide otherwise.

Consumers retain the benefit of mandatory protection granted by the laws of the country in which they habitually reside.

Mandatory statutory jurisdiction rules and consumer rights remain unaffected.

If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain unaffected to the extent permitted by law.

Applicable statutory provisions shall replace any invalid provision.

Questions regarding these Terms or reports concerning unlawful or inappropriate content may be sent to:

info@dartsscorer.app