Terms and conditions

1. Scope

1.1 These terms apply to all contracts between Domenic Moran, Heidelberger Str. 36, 12059 Berlin, Germany (the "provider") and the users of the Dartile app and this website.

1.2 This is a courtesy translation. German law applies, and in case of any discrepancy the German version prevails.

1.3 Dartile is aimed at consumers within the meaning of § 13 of the German Civil Code.

2. Subject matter

2.1 Dartile is an app for iOS and Android that counts and evaluates darts games. The local game types — X01, Cricket, Around the Clock, Shanghai, Halve It, Killer, Bob's 27 and the checkout training — are computed on the device and are free of charge.

2.2 Dartile Plus is a paid subscription. It unlocks two things: playing against other people over the network and the weekly ranking by average, together with the account required for them. The provider owes nothing beyond that. In particular there is no cloud backup and no statistics across several devices; everything else is computed on the device and stays free.

2.3 The provider owes no hardware, no dartboard and no refereeing. For matches under an association's rules, what the official marker records remains authoritative.

3. Conclusion of contract

3.1 Using the local game types free of charge does not conclude a paid contract.

3.2 Purchase through an app store. If you take out Dartile Plus through the App Store or Google Play, the contract for the subscription is concluded with that store operator, whose terms govern billing, renewal, cancellation and refunds. The provider only receives the information that a valid subscription exists.

3.3 Purchase through this website. If you take out the subscription on dartile.de, the contract is concluded with the provider. The presentation on the website is not a binding offer but an invitation to order; the contract comes into being with our confirmation by e-mail or with the unlocking of the service.

4. Services and availability

4.1 The local game types work without a network connection and without an account.

4.2 The Plus functions require a reachable server. The provider operates the services with due care but does not promise any particular availability figure. Maintenance, faults at upstream suppliers and events outside the provider's control can lead to interruptions.

4.3 If a Plus function fails for more than seven consecutive days, you may terminate the subscription without notice; amounts paid in advance are refunded pro rata.

4.4 The provider may develop the app further. If functions that belonged to Dartile Plus when you subscribed are restricted or removed, you will be informed in advance in text form and may terminate as of the date of the change (§ 327r of the German Civil Code).

5. Prices and payment

5.1 Dartile Plus costs 1,99 € per month or 14,99 € per year; you choose which when you subscribe. All prices are final prices. The provider is a small business under § 19 of the German VAT Act, so no VAT is shown.

5.2 For purchases through an app store, the store operator bills you. For purchases on this website, payment is handled by Stripe; the available payment methods are shown during checkout.

5.3 In the event of default in payment, the provider may block the Plus functions after sending a reminder and allowing 14 days. Your locally stored games are unaffected and remain usable.

6. Term and cancellation

6.1 The subscription runs for one month or one year, as chosen, and renews for the same period unless it is cancelled. There is no minimum term beyond that. It can be cancelled at any time with effect from the end of the current period; the notice period therefore does not exceed one month (§ 309 no. 9 of the German Civil Code). For an annual subscription, § 312k also applies: after the first year it can be cancelled at any time with one month's notice.

6.2 A subscription taken out through the App Store or Google Play is cancelled in the subscription settings of that account. The provider cannot end those subscriptions.

6.3 A subscription taken out on this website is cancelled using the Cancel contracts here button (§ 312k of the German Civil Code) or informally by e-mail to dartile@menucloud-berlin.de. Both are equally effective; the button confirms receipt immediately in text form.

6.4 Access remains until the end of the paid period. Afterwards the online functions are switched off and everything local keeps working as before.

7. Right of withdrawal

Consumers have a fourteen-day right of withdrawal. Because Dartile Plus is unlocked immediately, that right expires under § 356 (5) of the German Civil Code once you have expressly consented to immediate performance and confirmed that you thereby lose it. The full instructions and the model form are on the withdrawal page.

8. Conduct in online matches

8.1 Choose a display name that does not infringe anyone's rights and does not offend. The provider may change or block names that do.

8.2 Manipulating scores, automating input or disrupting other players' matches is not permitted. The provider may exclude accounts that do so from the online functions; for paid subscriptions, the remaining amount is refunded pro rata.

9. Liability

9.1 The provider is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.

9.2 For slight negligence, the provider is liable only for the breach of an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely, and only up to the foreseeable damage typical for this type of contract. Any further liability is excluded.

9.3 Dartile counts darts. It is not a referee: what a match's official marker records prevails.

10. Final provisions

10.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer with your habitual residence in another EU member state, the mandatory consumer protection provisions of that state remain unaffected.

10.2 Should individual provisions be or become invalid, the validity of the remaining provisions is unaffected.

10.3 The provider may amend these terms with effect for the future where there is a valid reason. You will be informed in text form at least six weeks in advance and may object; if you do, the provider may terminate the contract as of the date the change takes effect.