These Terms of Service (hereinafter "Terms") govern the use of the web-based application SmartDart (hereinafter "Service"), accessible at https://smartdart.app, operated by:
Maurice Schäfer
Business address will be added shortly.
Email: support@smartdart.app
SmartDart is a web-based Software-as-a-Service (SaaS) solution for digital dart tournament management. The Service enables users to create, manage, and conduct dart tournaments across various devices.
These Terms apply to all users of the Service, regardless of whether they use a free or paid subscription. By registering an account, the user agrees to these Terms.
SmartDart offers three subscription tiers with varying feature sets:
BASIC (free): Core functionality with limited numbers of players, boards, and tournament formats. Exact limits are displayed on the pricing page (https://smartdart.app/pricing).
PRO (€4.99/month or €49.99/year): Extended functionality with higher limits for players, boards, and access to additional tournament formats.
PREMIUM (€9.99/month or €99.99/year): Full feature set with no significant restrictions on players, boards, or tournament formats.
2-Day PREMIUM Trial (one-time €3.99): Time-limited access to the full PREMIUM feature set for 48 hours. Details are set out in § 6.
The exact feature scope of each tier may change over time. Material restrictions to existing features for paying customers will be communicated at least 30 days in advance via email.
BASIC contract: A free-of-charge usage contract for the BASIC tier is formed between the user and the operator upon successful registration of a user account.
Subscription contract (PRO / PREMIUM): The contract for a paid subscription is formed upon successful completion of the payment process through the payment service provider Stripe. The user receives a confirmation via email.
Trial purchase: The contract for the 2-Day PREMIUM Trial is formed upon successful one-time payment through Stripe and constitutes a separate contract that does not establish a subscription.
All prices are quoted in euros (EUR) and are final prices. Pursuant to § 19 of the German Value Added Tax Act (UStG) (small business regulation), no VAT is currently charged and therefore not shown separately.
Payment processing is handled exclusively through the payment service provider Stripe (Stripe, Inc.). Accepted payment methods include, but are not limited to, credit card, debit card, and SEPA direct debit, subject to availability in the respective country.
The obligation to pay for subscriptions arises upon completion of the payment process. Subsequent payments are automatically collected on the respective renewal date. For the 2-Day PREMIUM Trial, the amount of €3.99 is due immediately as a one-time payment.
Failed payments will be retried in accordance with Stripe's policies. If payment ultimately fails, access to paid features may be suspended.
Monthly subscription: Runs for an indefinite period and may be cancelled at any time, effective at the end of the current billing month.
Annual subscription: Runs for a period of 12 months and renews automatically for an additional 12 months unless cancelled before the end of the respective term.
Cancellation may be effected by the following means: (1) Through the Stripe Billing Portal, accessible via the user profile within the application, or (2) by email to support@smartdart.app, stating the registered email address.
Cancellation takes effect at the end of the already-paid term. Until then, the full feature set of the booked tier remains available. After expiry, the account is automatically downgraded to the BASIC tier.
BASIC contract: The free usage contract may be terminated at any time by deleting the user account.
Trial: The 2-Day PREMIUM Trial ends automatically after 48 hours. No follow-up subscription is created and no cancellation is required.
The user has the option to test the full PREMIUM feature set within the scope of a time-limited trial.
The trial is available once per user account and costs €3.99 as a one-time payment. It is expressly not a subscription — there is no automatic renewal and no follow-up subscription.
After 48 hours from the time of activation, the user account is automatically downgraded to the BASIC tier. The user may subscribe to a regular PRO or PREMIUM plan at any time.
The provisions regarding the right of withdrawal for immediate digital access pursuant to § 7 of these Terms apply to the trial.
Withdrawal policy:
Consumers within the meaning of § 13 of the German Civil Code (BGB) generally have a right of withdrawal of 14 days from the date of contract formation. The right of withdrawal may be exercised without giving reasons.
To exercise your right of withdrawal, you must inform us (Maurice Schäfer, email: support@smartdart.app) of your decision to withdraw from this contract by means of a clear statement (e.g., by email). You may use the model withdrawal form below, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send the communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal: If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you be charged any fees as a result of such reimbursement.
Premature expiry of the right of withdrawal: The right of withdrawal expires prematurely if we have begun performance of the contract only after you have expressly consented to our beginning performance before expiry of the withdrawal period, and you have confirmed your knowledge that by giving your consent you lose your right of withdrawal upon commencement of performance of the contract (§ 356(5) BGB). This applies to both subscriptions (PRO / PREMIUM) and the 2-Day PREMIUM Trial.
Model withdrawal form:
(If you wish to withdraw from the contract, please complete and return this form to: support@smartdart.app)
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: SmartDart [PRO/PREMIUM/Trial] (*)
— Ordered on (*) / received on (*): _______________
— Name of consumer(s): _______________
— Address of consumer(s): _______________
— Date: _______________
— Signature (only if submitted on paper): _______________
(*) Delete as appropriate.
The operator endeavours to maintain service availability of 99% on an annual average. Scheduled maintenance will be announced in advance where possible. No binding guarantee of any specific availability level is given.
The operator's liability is limited to cases of intent and gross negligence. In cases of slight negligence, the operator is liable only for breaches of material contractual obligations (cardinal obligations), with liability limited to the foreseeable damage typical for the type of contract.
The operator shall not be liable for loss of data insofar as the damage is attributable to the user's failure to carry out regular data backups, thereby ensuring that lost data could have been restored with reasonable effort.
The above limitations of liability do not apply to damages resulting from injury to life, body, or health, nor to claims under the German Product Liability Act (Produkthaftungsgesetz).
The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Details on data processing, data subjects' rights, and third-party services used can be found in the Privacy Policy, available at https://smartdart.app/privacy.
The operator reserves the right to amend these Terms with future effect, provided this is necessary for legitimate reasons and the user is not unreasonably disadvantaged thereby.
Amendments will be communicated to the user at least 30 days before their planned effective date via email to the email address provided at registration. The user has the opportunity to object to the amendments within 30 days of receipt of the notification.
If the user does not object in a timely manner, the amended Terms shall be deemed accepted. If the user objects, the contract shall continue under the previous terms; in this case, the operator has the right to terminate the contract with ordinary notice at the earliest possible date.
The user will be separately informed in the amendment notification of the significance of the deadline and the consequences of remaining silent.
The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
If the user is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship shall be Duisburg, Germany. In all other cases, the statutory provisions on local jurisdiction shall apply.
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. The operator is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Should any provision of these Terms be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. The invalid or unenforceable provision shall be replaced by such valid and enforceable provision as most closely approximates the economic purpose of the invalid or unenforceable provision.