Terms of Service

General Terms of Use of the Darteer Application

Introduction

This document constitutes the General Terms of Use of the Darteer mobile application (the “Terms”), which is used for digital evaluation of dartboard throws using algorithms and artificial intelligence (the “Service” or the “Application”). The Service is provided by Darteer.ai, s.r.o., with its registered office at Korunní 2569/108, Vinohrady, 101 00 Prague 10, ID No.: 21801142, registered in the Commercial Register maintained by the Municipal Court in Prague under File No. C 405862, established and existing under the laws of the Czech Republic (the “Provider”). These Terms govern the contractual relationship between the Provider and you as the user of the Application (the “User”).

By using the Application or creating a user account, you agree to these Terms, including our Privacy Policy, and you undertake to comply with them. If you do not agree with the Terms or the Privacy Policy, please do not use the Service. The Provider may, to a reasonable extent and at its discretion, amend these Terms from time to time—you will be informed of significant changes (see Article 10 below).

1. Definitions

For the purpose of these Terms, the following definitions apply:

  • Provider – the entity specified in the Introduction that operates the Darteer Application.
  • User – any natural person who meets the eligibility conditions under Article 2 and uses the Service based on a contractual relationship with the Provider.
  • Service / Application – the Darteer software available for mobile devices via Google Play and Apple App Store, which, after the camera is activated, analyzes the image of a dartboard using artificial-intelligence algorithms, evaluates throw results, and stores them on the User’s mobile device. The Application enables multiple mobile devices to be linked for simultaneous recording to increase evaluation accuracy.
  • Subscription – paid access to the Service for a time interval chosen by the User, purchased through Google Play or Apple App Store payment systems.
  • Connected Device – a mobile device paired with your own that simultaneously records the dartboard.
  • Camera Data – visual and telemetric information obtained from the device’s camera(s) when recording the dartboard.
  • Civil Code – Act No. 89/2012 Coll., the Civil Code of the Czech Republic, as amended.

2. Registration Conditions and User Eligibility

The Service may only be used by natural persons who meet the conditions below. By using the Service, you represent and warrant that:

  • Minimum age and legal capacity: You are at least 16 years old (i.e., not younger than 16) and you have full legal capacity to perform all acts related to accepting and fulfilling these Terms, including the Privacy Policy (in some countries minors may also require parental or guardian consent). The Service is not intended for persons under 16.
  • Accuracy of information: Any information you provide when registering or using the Service is true, accurate, complete, and not misleading. If your information changes, you will update it to keep it correct and current.
  • No legal prohibition: Your use of the Service is not prohibited by any applicable law. You are not a person barred by a public authority from using similar services, nor are you located in or subject to a jurisdiction that prevents you from using the Service (e.g., you are not listed on international sanctions lists that would prohibit the Provider from offering the Service to you).
  • No prior ban: The Provider has not previously removed or restricted your access to the Service due to violation of the Terms or the Privacy Policy. If you previously had access that was blocked or canceled due to rule violations, you may not create a new access without the Provider’s consent.

If you cease to meet any of the requirements above, you must immediately stop using the Service and cancel your Subscription (see Article 9). The Provider may verify your identity, age, and other listed information at any time (e.g., by requesting an ID copy or another suitable method) and may suspend or terminate your access if it discovers or reasonably suspects that you do not meet the Terms.

3. Description of the Service, Technical Requirements, and Permitted Use

Upon camera activation, the Application automatically detects darts on the dartboard, calculates the score, and keeps a throw statistics log stored on the User’s mobile device. Accuracy depends on lighting conditions, device settings, and proper phone placement. The Provider does not guarantee 100% accuracy of evaluation.

The User must ensure for both their own and Connected Devices:

  • a mobile device with a supported OS version listed in the Apple App Store/Google Play,
  • stable internet connection with bandwidth sufficient for video transmission,
  • even and adequate lighting of the dartboard,
  • secure mounting of the device to prevent unwanted vibrations or damage.

Failure to meet these conditions may reduce accuracy, and the Provider bears no responsibility for such reductions.

The User must not use the Application in ways that violate applicable law, third-party rights, or these Terms. In particular, it is prohibited to:

  • decompile, reverse engineer, or attempt to obtain source code of the Application,
  • interfere with Provider’s servers or connected networks,
  • use the Application with hardware or software modifications affecting measurement reliability,
  • rent or otherwise commercially provide the Service to third parties without Provider’s consent.

The Application does not record or evaluate faces of persons who may appear in the frame. The User must still respect the privacy rights of others and obtain consent if required by applicable laws.

4. Subscription and Payments

  • Form of access: The Application is available in a free version with limited functionality and in an extended version through paid Subscription. Prices and Subscription types appear in the respective app store interface. The Subscription renews automatically unless cancelled in Google Play or Apple App Store settings at least 24 hours before the current period ends. Failed or unpaid transactions may result in suspended access to paid features.
  • Immediate commencement: Subscriptions constitute a digital service provided with your explicit prior consent immediately after purchase. By buying a Subscription, you request immediate access before the withdrawal period ends and acknowledge that you lose the right to withdraw from the contract within 14 days (§ 1837(a) Civil Code). After activation, withdrawal and refunds for the remaining 14-day period are not possible.
  • Price changes: The Provider may adjust Subscription prices. You will be notified via Apple App Store/Google Play or within the Application at least 30 days in advance. If you disagree with the new price, you may cancel your Subscription before the change takes effect; the current period continues until its end, and payments are not refunded.
  • Service operation and changes: The Provider develops the Service and may add, modify, or remove features. Service characteristics may change, and such changes within a paid period do not entitle Users to compensation. Temporary function limits (e.g., maintenance) do not constitute breach if the Service as a whole remains functional. The Provider may terminate Subscriptions entirely or discontinue the Service (see Article 9). In case of permanent discontinuation, unused Subscription periods will be handled appropriately (e.g., proportional refunds).
  • Tax obligations: Any tax obligations arising directly for the User from purchasing a Subscription are solely the User’s responsibility. The Provider does not bear responsibility for the User’s tax liabilities and does not offer tax advice.

5. License to the Application

The Provider grants you a limited, personal, non-exclusive, non-transferable, and revocable license to install and use the Application on your mobile device solely for personal dart-throw evaluation (i.e., not for commercial purposes). All rights to the Application, its content, and AI algorithms belong to the Provider.

6. Privacy and Personal Data Protection

Protecting your privacy and personal data is a priority for the Provider. Personal data are processed in accordance with applicable laws, these Terms, and the Privacy Policy, which you should read.

Camera Data from your device and any Connected Devices are used exclusively for:

  • immediate throw evaluation, and
  • anonymous machine learning to improve the Service algorithms.

Camera Data containing identifiable faces are automatically deleted; no facial detection or recognition is performed.

Users may limit sharing of anonymized analytics data in the Application settings (used for model training and improving functionality), but doing so may reduce accuracy and functionality.

Beta versions may, with your consent, process device analysis data such as device information, camera information, error logs, etc., as detailed in the Privacy Policy.

The User agrees that the Provider may send service notices (maintenance, Terms changes, security updates) via email, push notifications, or in-app messages. Marketing communications are sent only with prior voluntary consent and can be revoked at any time.

7. Liability and Warranty Limitations

This section defines limitations of the Provider’s liability. It does not exclude rights that cannot legally be waived (especially consumer rights).

  • Service provided “as is”: The Service is provided as-is (§ 1918 Civil Code). The Provider makes reasonable efforts to ensure reliability and safety but provides no guarantees of quality, error-free operation, uninterrupted availability, or suitability for your expectations. These limitations apply both to you and to any Connected Device or persons related to such devices.
  • No accuracy guarantee: The Provider does not guarantee error-free measurement results and is not liable for damages caused by incorrect evaluation or misuse. Users are responsible for ensuring conditions for best possible accuracy.
  • User responsibility during dart play: Dart throwing requires caution. You acknowledge that all related physical activity is performed at your own risk. The Provider is not liable for injuries or property damage during dart throwing or Application usage.
  • Availability and errors: 24/7 availability or bug-free performance is not guaranteed. Temporary outages, delays, limitations, or errors may occur. The Provider attempts timely fixes but does not guarantee complete absence of defects.
  • Compatibility: The Provider does not guarantee functionality on all devices or OS versions. It is your responsibility to use supported devices and current app versions.
  • Security and viruses: The Provider cannot guarantee absolute protection against cyber threats. Any material downloaded or obtained via the Service is at your risk. The Provider is not liable for damage caused by viruses, malware, phishing, hacking, etc., unless caused intentionally by the Provider.
  • Technical faults and data loss: The Provider is not liable for loss of User data caused by technical issues or third-party interference if reasonable security measures were taken.
  • Third-party services: The Service may display ads or links to third-party websites/services. The Provider is not responsible for their availability, content, or any resulting contractual relationships or harm.
  • User indemnity: You agree to fully compensate the Provider for damage arising from illegal conduct, breach of the Terms, or third-party claims related to your actions, including direct damages, lost profits, penalties, non-pecuniary harm, and reasonable legal costs. This includes matters related to Camera Data, violations of law or the Terms, or disputes with other Users.

8. User Support and Complaints

Technical support is available via email: support@darteer.ai.

Service complaints must be submitted without undue delay with a detailed description and any logs/screenshots. If dissatisfied with the handling, you may contact the appropriate alternative dispute resolution body (see Article 11).

9. Termination of the Contract

This section describes ways the contractual relationship may be terminated and consequences thereof.

  • Voluntary termination by the User: You may cancel your Subscription at any time, ending the contract at the expiration of the already-paid period. Uninstalling the Application does not cancel the Subscription.
  • Termination or suspension by the Provider: The Provider may suspend, limit, or terminate your access (even without notice) for legitimate reasons, including violation of Terms or Privacy Policy, misuse of the Service, legal requirements (court decisions, regulatory obligations), or situations where continued Service would be unlawful.
  • Consequences of termination: After contract termination, you lose access to the Service. The Provider may retain certain technical and operational records for necessary periods to comply with legal obligations or protect legitimate interests (e.g., consent logs, payment records, communication archives). No compensation is provided for unused Subscription periods, whether termination is voluntary or due to breach. Some provisions survive termination, including liability limitations, warranties, governing law, dispute resolution, and indemnity.
  • Service discontinuation: If the Provider discontinues the Service entirely, Users will be informed in advance and instructions for compensation will be provided. Data will be deleted per the Privacy Policy. The Provider may transfer its obligations to another entity (e.g., in the event of sale or restructuring), and Users will be informed.

10. Special Provisions for Apple App Store and Google Play

The terms of the platform operator (Google Play or Apple App Store) also apply to your use of the Application and Subscription.

Google Play

  • Minors must have parental consent.
  • Google is not responsible for support or maintenance.
  • If the Application is removed due to IP infringement, rights violations, or legal non-compliance, and you paid for the Application within one year before removal, all amounts paid will be refunded upon Google’s request.

Apple App Store

  • The Terms govern solely the relationship between you and the Provider; Apple is not bound and is not responsible for the Application.
  • The Provider is solely responsible for maintenance, support, claims, and legal compliance.
  • In case of third-party IP claims, the Provider is fully responsible for handling and resolving them.
  • By installing the Application, you confirm you are not using it from countries subject to U.S. embargo or on U.S. prohibited-party lists.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them.

11. Dispute Resolution

If you are dissatisfied or have a complaint or dispute, contact the Provider’s support at support@darteer.ai with detailed information. The Provider will attempt to resolve the issue.

If you are a consumer and direct resolution fails, you may use out-of-court dispute resolution via the Czech Trade Inspection Authority (ČOI): https://coi.gov.cz/. The process is free, except for potential legal representation costs.

If you are not a consumer, or if ADR is impossible or unsuccessful, disputes will be resolved in court under Article 12.

12. Governing Law and Jurisdiction

All legal relationships between the Provider and the User arising from or related to the Service are governed by Czech law, especially the Civil Code and consumer-protection laws, excluding conflict-of-law rules. This does not deprive EU-based consumers of protections in their home country under Article 6(2) of the Rome I Regulation.

All disputes fall under the jurisdiction of Czech courts unless applicable laws mandate otherwise. The court competent for disputes between you and the Provider is the court with jurisdiction over the Provider’s registered office, unless a different court has exclusive jurisdiction.

13. Final Provisions

  • Changes to Terms: The Provider may amend these Terms at any time. Significant changes will be communicated in advance via email or in-app notifications. Updated Terms will always be available in the Application. Continued use constitutes acceptance.
  • Assignment: The Provider may transfer rights and obligations under these Terms to a third party (e.g., in sale or reorganization). Users will be notified and may terminate the contract by cancelling the Subscription. Users may not transfer their rights/obligations without written consent.
  • Severability: If any provision is invalid or unenforceable, the remaining provisions remain valid. Invalid provisions will be replaced with ones closest in purpose.
  • Force majeure: Neither party is liable for delays or failures caused by events beyond reasonable control (natural disasters, epidemics, power outages, telecommunications failures, state interventions, wars, cyber-attacks, etc.). Affected parties must notify the other party without delay.
  • Language and interpretation: These Terms are in Czech. In case of translation discrepancies, the Czech version prevails. Article titles are for clarity only.
  • Entire agreement: These Terms (including the Privacy Policy and referenced documents) form the complete agreement between the Provider and the User, superseding all prior arrangements.
  • Communication: Contact the Provider using the details in Article 8. The Provider may send notices via in-app messages, email, or post. Electronic messages are considered delivered when successfully sent.
  • Effective date: These Terms are valid and effective as of 1 July 2025.