Terms and Conditions

Section 1 Scope and Contracting Party

These terms and conditions govern the use of the mydart app for iOS, the mydart app for Android and the associated website mydart.app (together "mydart"). The provider and your contracting party for the use of mydart is Malte Heyenga, Am Loevenicher Weg 1, 41812 Erkelenz, Germany. By installing and using mydart you accept these terms. Deviating terms of the user do not apply unless we expressly agree to them.

Section 2 Description of the Service

mydart analyses your dart throwing technique directly on your smartphone or tablet. The service comprises:

1. Automatic throw detection through pose tracking via the device camera, in real time and entirely on the device
2. Rating of each throw based on biomechanical metrics such as elbow, release and pullback angle, follow-through and arm stability
3. Automatically generated improvement suggestions for individual throws and for whole sessions
4. Session analyses with averages as well as consistency and rhythm evaluations
5. Long-term progress, session comparison, dashboard and achievements
6. Use without registration and without transmitting your training data to our servers

The exact set of features may differ between the iOS and Android versions and between app versions. The current state of the apps is authoritative.

Section 3 Using the Apps

1. No user account is required to use the apps. We do not offer registration and collect neither your name nor your email address for it.
2. Your training sessions, throw data and settings are stored exclusively on your device. We have no access to them and can neither view nor restore them.
3. You are responsible for backing up your data. Use your device backup for this. If your device is lost or reset, or if you uninstall the app, any data that has not been backed up is lost.
4. Minors need the consent of a parent or legal guardian to take out a paid subscription.

Section 4 Free Use

1. mydart can be used free of charge. The free tier includes every feature. The only limit is the total number of throws you can analyse, capped at 50 throws, which you may spread across any number of sessions.
2. The free allowance is counted per device. Reinstalling the app does not reset it.
3. There is no entitlement to the permanent provision of a free allowance of unchanged size. Changes apply for the future only.

Section 5 mydart Pro: Prices and Term

1. With a Pro subscription you use every feature without any limit on the number of throws.
2. mydart Pro costs EUR 3.99 per month or EUR 19.99 per year, in each case including statutory VAT. The price shown to you during the purchase in the App Store or on Google Play is authoritative.
3. The subscription renews automatically for the term booked unless you cancel it at least 24 hours before the end of the current billing period.
4. The monthly and yearly plans belong to the same subscription group. You can switch at any time in the subscription settings of your store account; the switch takes effect at the end of the current billing period.
5. Price changes are announced by the respective store operator before they take effect. They only become effective in accordance with the store terms; otherwise the subscription ends at the end of the current billing period.

Section 6 Conclusion of Contract and Billing via the App Store and Google Play

1. The Pro subscription is concluded exclusively as an in-app purchase through the Apple App Store or Google Play. There is no sale through this website.
2. The purchase contract for the subscription is concluded with the respective store operator, whose terms additionally apply to the purchase and the payment. The user contract for mydart itself is concluded with us on the basis of these terms.
3. Billing runs through the payment method stored in your store account. We receive neither your payment details nor your billing address.
4. Invoices and payment receipts are issued exclusively by the respective store operator. You will find them in your Apple or Google account.
5. Pro access is tied to the store account it was purchased with. On additional devices you restore it using the restore function in the app.

Section 7 Cancelling the Subscription

1. You can cancel the subscription at any time in the subscription settings of your App Store or Google Play account. Cancelling with us is technically impossible, as we have no access to subscriptions held in the stores.
2. The cancellation takes effect at the end of the current billing period. Until then you can continue to use all Pro features without restriction.
3. After the subscription ends, the data stored on your device is retained. New throws are subject to the free tier limit again.
4. Deleting the app does not end a running subscription.

Section 8 Withdrawal and Refunds

1. For digital content that is supplied immediately, the statutory right of withdrawal expires once you expressly consent to immediate performance and confirm your knowledge of that expiry. You give this consent during the purchase in the respective store.
2. Because the purchase contract is concluded with the store operator, withdrawal and refunds are governed by that operator terms. Refund requests go directly to Apple or Google. We can neither collect nor refund payments.
3. Your statutory warranty rights against us remain unaffected where a defect relates to mydart itself.

Section 9 Conditions of Use

1. mydart is intended for personal, non-commercial use.
2. You undertake not to misuse the service and not to place an excessive load on our technical infrastructure.
3. Automated extraction of data and access to our interfaces with anything other than the apps we provide are not permitted.
4. Reverse engineering, modifying or circumventing technical protection measures of the apps is prohibited unless expressly permitted by law.
5. Circumventing the free throw allowance, for instance by manipulating the device identifier, is not permitted.
6. For clubs, teams and other organisations we offer individual agreements. Feel free to get in touch about them.

Section 10 Camera Use

The apps access your device camera for throw detection. Camera images are processed entirely on your device; no video or image data is transmitted to our servers. You grant camera access in your device settings and can withdraw it there at any time. Without camera access the throw analysis is technically impossible. Please make sure that no other people are captured unintentionally.

Section 11 System Requirements, Updates and Availability

1. mydart requires a smartphone or tablet with a working camera and a supported iOS or Android version. The supported versions are listed in the respective app store.
2. The throw analysis works offline. An internet connection is only required for the purchase, for verifying the subscription and for redeeming promo codes.
3. We develop the apps continuously. Features may be added, changed or removed, provided this is reasonable for you and does not impair the core of the contractually owed service.
4. We aim for our servers to be available as continuously as possible. There is no entitlement to permanent availability. Maintenance, technical faults or force majeure can lead to temporary restrictions. The operation of the app stores themselves is outside our control.

Section 12 Liability and Accuracy of Measurements

1. The analysis results serve solely as training support and do not constitute professional sports coaching.
2. All displayed measurements such as angles, scores and other metrics are guide values and approximations. They are not exact scientific or calibrated measurements. Accuracy can be affected by camera position, lighting, image quality, clothing and posture.
3. We give no warranty as to the correctness, accuracy or completeness of the analysis data, measurements and improvement suggestions provided.
4. mydart is not a medical device and does not replace medical or physiotherapeutic advice. Only perform exercises within your physical capabilities.
5. We are liable without limitation for damage arising from injury to life, body or health and in cases of intent and gross negligence. Otherwise we are liable only for the breach of material contractual obligations and limited in amount to the foreseeable damage typical for this type of contract. Claims under the German Product Liability Act remain unaffected.
6. Because your training data resides exclusively on your device, backing it up is your responsibility. We are liable for the loss of such data only to the extent that the damage would also have occurred had you taken reasonable backup measures.

Section 13 Ending Your Use

1. You can stop using mydart at any time by uninstalling the app from your device. Doing so permanently removes all locally stored training data.
2. Uninstalling does not end a subscription running through an app store. Please cancel it separately in the subscription settings of your store account.
3. We may discontinue providing the apps with reasonable notice. In that case, a subscription already paid for is settled according to the terms of the respective store.

Section 14 Changes to These Terms

We reserve the right to amend these terms where this is necessary due to a change in the law or case law, a change in the scope of features or comparable reasons, and where the change does not unreasonably disadvantage you. The current version is available at mydart.app and linked from within the apps. Because we keep no user accounts and hold no contact details, we cannot notify you of changes individually. The version in force when you take out or renew your subscription is authoritative. If you do not agree with a change, you can cancel your subscription as of the end of the current billing period and stop using mydart.

Section 15 Final Provisions

1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state in which you habitually reside remain unaffected.
2. Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected.
3. The place of jurisdiction is the registered seat of the provider, to the extent permitted by law.
4. We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.