Legal

Terms of Service

Last updated: August 2026

General Terms and Conditions of Element 2.0158 UG (limited liability) & Co. KG, Gohlstraße 1, 70597 Stuttgart, Germany, e-mail: hey@clutchdarts.com (hereinafter referred to as the “Provider”).

1. General Provisions

1.1. The Provider makes an app available to its customers in accordance with these General Terms and Conditions.

1.2. The Provider does not recognise any terms and conditions used by the customer that deviate from these General Terms and Conditions, unless expressly agreed.

1.3. Where the app is distributed via an app store, the terms and conditions of the relevant app store shall also apply to the purchase of the app.

2. Subject Matter of the Contract

2.1. The Provider makes an app available to the Customer which enables the recording, calculation and analysis of darts scores, statistics and training. The Provider accepts no liability for the accuracy, completeness or suitability of the evaluations, calculations and recommendations provided. Use of the app is at the Customer’s own risk.

2.2. The Provider shall provide the services in accordance with the current state of the art. The app’s availability is 98.5 per cent on an annual average, including maintenance work; however, availability must not be impaired or interrupted for more than two consecutive calendar days. This excludes necessary routine maintenance work and any periods during which availability is restricted due to events for which the Provider is not responsible (e.g. force majeure, acts of third parties, technical problems or changes in the legal situation).

3. Conclusion of Contract, Termination, Trial Period

3.1. Use of the app’s paid features requires either the conclusion of a paid subscription or – where offered – the purchase of a one-off, perpetual licence (lifetime purchase) (see clause 5). A subscription may be cancelled with 24 hours’ notice prior to the expiry of the selected term. In the case of a one-off (lifetime) purchase, there are no recurring payments and no cancellation; the provisions regarding term and cancellation apply only to subscriptions.

3.2. Where the Provider offers a free trial period, this will be indicated within the app or in the app store. The trial period begins when the customer uses the service for the first time. During the trial period, the customer has access to the full functionality of the service. If the customer does not wish to continue using the service beyond the trial period, they may cancel the trial period by giving 24 hours’ notice prior to its expiry. Otherwise, the contract will automatically convert to a paid subscription.

4. Obligations of the Customer

4.1. The customer is obliged to refrain from any breaches of these Terms and Conditions and of applicable law. The customer is obliged to use the app solely for its intended purpose and to comply with all contractual and statutory provisions when using the app. Any use going beyond the purpose of the user relationship is prohibited. In particular, the customer is not authorised to make the app or the storage space provided available to a third party, either in part or in full, whether for a fee or free of charge.

5. In-App Purchases

5.1. The customer has the option of using the app on the basis of a paid subscription or – where offered – a one-off (lifetime) purchase (so-called in-app purchases). The subject matter of the contract is the granting of a non-exclusive right of use to the content. The customer is not authorised to reproduce the content provided, either physically or electronically, and/or to make copies available to third parties. Unless otherwise agreed, the content is provided exclusively for private use; commercial exploitation without express authorisation is therefore prohibited. The transfer of rights of use shall only take place upon full payment of the remuneration due under the contract. If the digital content is made available to the customer prior to this point in time, this shall not be regarded as an implied transfer of rights of use.

5.2. The purchase is made by selecting the desired content and then tapping the “Buy” button. Until the “Buy” button is tapped, the customer may correct their selection and details at any time or cancel the purchase. By tapping the “Buy” button, the customer submits a binding offer to enter into a contract. Acceptance of the offer to enter into a contract may be declared within one (1) day by means of an order confirmation in writing or in text form (e.g. by email), in which case the date on which the order confirmation is received by the customer shall be decisive, or by making the selected content available to the customer, or by requesting payment from the customer following the order. If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If no acceptance is declared within the specified period, this shall be deemed a rejection, with the consequence that the customer is no longer bound by their declaration of intent.

5.3. The app Provider does not store the text of the contract. The contract may only be concluded in German. The statutory rights relating to warranty for defects apply.

5.4. In the case of an in-app purchase, the customer’s contractual partner is the operator of the relevant app store. In addition to these General Terms and Conditions, the terms and conditions of the app store operator take precedence in the case of in-app purchases.

6. Support

Any application or software issues will be dealt with by the Provider as part of its support service. To ensure the quickest possible response, support requests should be made via the designated communication channels (e.g. by email to the address given above) or via any ticket system that may be available. Support requests are generally processed during normal business hours in chronological order, according to the order in which they are received by the Provider.

7. Warranty

The Provider guarantees that the App will function and be operational in accordance with the provisions of this contract and, in all other respects, in accordance with the statutory warranty provisions.

8. Discontinuation of the App and Termination of the Contract

8.1. The Provider reserves the right to discontinue the provision of the App in whole or in part, provided that economic, technical or legal reasons make this necessary.

8.2. The Provider shall inform customers of the discontinuation in writing (e.g. by email or in-app notification) no later than 30 days before the planned discontinuation of the App.

8.3. Payments already made for unused periods of use will be refunded on a pro rata basis, provided that the discontinuation is not due to a breach of these Terms and Conditions by the customer.

9. Liability and Indemnity

9.1. Where the app is provided to the customer free of charge, the Provider shall only be liable for wilful misconduct and gross negligence (Section 521 of the German Civil Code (BGB)).

9.2. Where the app is purchased for a fee or where paid upgrades are purchased within the app (in-app purchases), the following liability provisions apply: The Provider shall be liable without limitation on any legal ground in cases of wilful misconduct or gross negligence, in the event of an intentional or negligent injury to life, limb or health, on the basis of a guarantee, unless otherwise provided for in this regard, or on the basis of mandatory liability such as under the Product Liability Act. If the Provider negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the Provider, by virtue of its content, in order to achieve the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract; and on the observance of which the Customer may reasonably rely. In all other respects, the Provider’s liability is excluded.

9.3. The above liability provisions also apply with regard to the Provider’s liability for its vicarious agents and legal representatives.

10. Confidentiality, Non-Disclosure and Data Protection

The Provider is obliged to treat all personal data processed within the scope of the app as confidential and in accordance with data protection regulations. Further details can be found in the Privacy Policy.

11. Language of the Contract

11.1. The language of the contract is German. All contractual documents, declarations, information and communication between the parties shall be in German. Where an English version of the General Terms and Conditions or other contractual documents is made available to the customer, this is provided solely for information purposes and to aid understanding.

11.2. The German version shall be solely authoritative for the interpretation and enforcement of the terms of the contract. In the event of any discrepancies or contradictions between the German and English versions, the German version shall always take precedence.

11.3. The parties acknowledge that the published German version is the sole binding version and that all contractual rights and obligations are governed by it. Legal statements made in English are only valid if they correspond unambiguously with the German version or are expressly confirmed in German.

12. Final Provisions

12.1. Contracts concluded between the Provider and the Customer are governed by the substantive law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

12.2. Where the customer is a trader or has no general place of jurisdiction in Germany, the parties agree that the Provider’s registered office shall be the place of jurisdiction for all disputes arising from this contractual relationship. The first sentence shall not apply if an exclusive place of jurisdiction is established for the dispute.

12.3. The Provider is entitled to amend these General Terms and Conditions for objectively justified reasons (e.g. changes in case law, the legal situation, market conditions or corporate strategy) and subject to reasonable notice.

13. Provisions Regarding Downloading the App via the App Store

13.1. Right of use: The Provider grants the Customer a non-exclusive, non-transferable licence to use the App on Apple devices which the Customer owns or controls, in accordance with the terms and conditions set out in the terms of use of the relevant App Store. Use of the app on multiple devices or via a network to which multiple users have simultaneous access is not permitted. The customer is not authorised to copy, modify, reverse engineer or create derivative works of the app, unless expressly permitted by law.

13.2. Right of termination: The Provider may terminate the user agreement at any time if the Customer breaches any material provisions of these Terms and Conditions or misuses the App. Upon termination of the licence, the Customer is obliged to remove the App from all devices. No refund will be made for payments already made, unless required by mandatory statutory provisions.

13.3. Warranty/Availability: The App and the content provided therein are made available “as is” and “as available” without any express or implied warranty. The Provider does not guarantee the uninterrupted availability or error-free operation of the App. To the extent permitted by law, the Provider excludes all liability for damages arising from the use of, or the inability to use, the App. This applies in particular to indirect damages, consequential damages or loss of profit. Should the App or its functions be defective, the Customer shall bear all costs for necessary repairs or corrections, unless mandatory statutory provisions provide otherwise.

13.4. Third-party services: The app may provide access to third-party services or external content. The Provider is not responsible for the availability, security or accuracy of the information provided by these third parties. The use of these third-party services is at the customer’s own risk. The Provider accepts no liability for data loss, damage or incorrect information arising from third-party services.

13.5. Export controls: The customer must not export or transfer the app to countries or persons subject to the export control regulations of the United States or other countries. In particular, export or use is prohibited in countries subject to US embargoes or sanctions, as well as by persons listed on the US “Specially Designated Nationals” list or the “Denied Persons List”. The Customer confirms that they are not located in such a country and are not subject to such restrictions.

As at: August 2026