Terms of Use for Tally

1. Who provides Tally?

Tally is an app for iPhone and Android and a website at tally.borstessi.de. The provider is Lennart Borstelmann, Falkenstraße 23, 32457 Porta Westfalica, Germany, email hello@borstessi.de ("we"). The full details are in the imprint.

These terms of use apply to the use of the app and the website and to the purchase of Tally Plus. How we handle your data is described in the privacy policy.

2. What Tally is, and what it is not

With Tally you plan game nights and record the results of your board game matches, in groups or in single matches without a group. From these Tally works out rankings, statistics and a year in review. On top of that there are templates for scoring games, a tournament mode, notifications about planned evenings and an export of your data.

Tally is a tool for keeping score and analysing results. No money flows between players through Tally, and Tally is not a gambling or betting service. A result in Tally does not create a claim against anyone.

Some of the details in the game catalogue, such as title, year of publication, number of players and playing time, come from BoardGameGeek. We do not guarantee that they are complete and correct.

3. What does Tally cost?

Using Tally is free. In particular, evenings, matches, all scoring types, guests, invitations, your own templates, one group of your own, the table of the running evening, all recorded evenings with their matches and final scores and the export of your data remain free. Statistics across several evenings are part of Plus.

Tally Plus is available for a fee (section 4). Tally shows no ads.

4. Tally Plus

4.1 Scope

With Plus you see all statistics across several evenings, that is rankings, records, duels, the games of the group and your profile with form, streaks and the people you play with, get the year in review, can create as many groups of your own as you like and use the tournament mode. Groups in which you are an admin are unlocked for all their members. Every member then sees their statistics. Each member sees the statistics of their own profile only with their own Plus. The app shows the exact scope on the Plus page before you buy.

When Plus ends, all data remains stored. The statistics are no longer visible, the evenings and matches still are.

4.2 Offers and prices

Prices include statutory VAT. The price the store shows at the time of purchase is binding. In other countries and currencies it may differ.

New customers get the first month free with their first subscription, once per store account. The store decides whether you are eligible. If you cancel before the end of the free month, you pay nothing. If you allow notifications, Tally reminds you three days before the first charge.

If you had a subscription before and ended it, the store may show you an offer to come back, for example the yearly subscription for €17.49 in the first year. After that the regular price applies. The app shows exactly what such an offer includes before you buy.

Anyone who used Tally before Plus was introduced gets one month of Plus without a subscription, once. It ends on its own, and nothing is charged.

4.3 Purchase and payment through the store

You buy Plus in the app through Apple's App Store or Google Play. Payment, billing and refunds are handled by the store. The terms of Apple or Google that you accepted with your store account apply in addition.

Plus applies to the Tally account you bought it with. If you change devices, restore the purchase in the app under "Restore".

4.4 Renewal and cancellation

A subscription renews automatically until you cancel it. After the first term it renews as the store specifies: the monthly subscription for one month at a time, the yearly subscription for one year at a time. The store shows you the price of the next term in your store account before every renewal. You can cancel at any time in the settings of your store account. Cancellation takes effect at the end of the paid period, and Plus stays active until then. Apple requires you to cancel at least 24 hours before the end of the period.

Deleting your Tally account or the app does not end a subscription. Cancel it in the store first.

4.5 Right of withdrawal

Plus is sold to you by the store you buy from, that is Apple or Google. The store informs you about your right of withdrawal at the time of purchase under its own rules, and those rules apply to the withdrawal. Withdrawal and refunds are handled by the store: at Apple through "Report a Problem" in your Apple account, at Google through the order history in Google Play. If Plus starts immediately after purchase at your express request, the right of withdrawal can expire under Section 356(5) BGB, provided the store informed you of this beforehand and you agreed.

4.6 Plus Lifetime

Plus Lifetime applies without a time limit for as long as we operate Tally. If we shut Tally down, we announce it in the app at least twelve months in advance. Until the shutdown, Plus Lifetime remains fully usable.

4.7 Changes to Plus

We may change Plus if there is a valid reason, such as new features, a change in the law, security or a change in the stores' technology. This costs you nothing extra. We inform you clearly about the change beforehand. If it affects your access to Plus or its usability more than only slightly, we inform you in good time beforehand on a durable medium, such as email. You can then end the contract for Plus free of charge within 30 days of the change (Section 327r BGB).

4.8 Warranty

The statutory rights for defects in digital products apply to Plus (Sections 327 et seq. BGB). We provide the updates needed for Plus to remain in conformity with the contract.

5. Who may use Tally?

Tally is meant for people aged 16 and over. If you are younger, you need your parents' consent, and for buying Plus also their consent to the purchase.

Tally is meant for private use, for example for game nights with friends, in the family or in a club.

6. How is the contract of use concluded?

The contract for the use of Tally is concluded when you sign up in the app and agree to these terms of use. The contract for Plus is concluded when you confirm the purchase in the store. You can use the website without an account.

7. Your account

You sign in with your email address and get a code by email every time. Anyone with access to your mailbox can therefore sign in to your account. Make sure that only you use your mailbox, and let us know if you notice any misuse.

When signing up, give your real name or a name by which your groups recognise you. An account belongs to one person and cannot be transferred.

8. Groups, invitations and guests

Whoever creates a group is its admin. Admins decide who may join the group and can remove members, appoint further admins and add guests.

Every group has a join code. Anyone who knows the code or its link sees a preview of the group with name, number of members, initials and the name of an admin, and can request to join. So only share it with people who really belong in the group. The same applies to a guest link: whoever opens it can take over the guest's matches into their account.

Everything you enter in a group is visible to all members of that group. Guests are people without their own account. Only enter information about guests and other people that you are allowed to enter and that is needed for the game, usually a first name or a nickname. This also applies to the location of a planned evening.

9. What you must not do

Please use Tally fairly. In particular, you must not

• enter content, such as names of groups, games or templates, that is unlawful, insults others or infringes the rights of third parties,
• use Tally to harass, deceive or pressure others,
• create accounts in large numbers or automatically, for example to use the free month more than once,
• try to attack, disrupt or spy on the app, its servers or the accounts of others,
• bypass security measures or the unlocking of Plus, or distribute a modified version of the app.

If someone breaks these rules, we can remove content and suspend the account temporarily or permanently. We hear you first, except for serious violations or when there is imminent danger.

10. Your content and published templates

What you enter in Tally remains yours. You only grant us the rights we need to run Tally: to store and process your entries and show them to the members of your groups. These rights end when you delete your entries or your account. Evenings and matches in groups with others remain without your name, so that their rankings add up (see the privacy policy).

If you publish a template, all users of Tally may take it over, use it and adapt it for themselves free of charge. This right remains, for copies others have already taken over, even if you later withdraw the template or delete your account.

If you think content in Tally is unlawful, write to hello@borstessi.de.

11. Results and statistics

Tally calculates with the points, placings and rules that you and your group enter. The members themselves are responsible for mistakes in these entries.

Tally is not an archive. If you need your results permanently, keep your own copy using the data export.

12. Availability and changes to the service

We keep developing Tally and try to offer the app without interruption. For the free features there is no right to a particular availability or particular features. We can change, add or remove them. For Plus, section 4.7 applies.

If we shut Tally down completely, we will let you know in the app at least four weeks in advance, and at least twelve months in advance as long as anyone has Plus Lifetime (section 4.6). Until then you can export your data.

13. Liability

For the free features we are only liable for intent and gross negligence.

For Plus we are liable without limitation for intent and gross negligence. In case of slight negligence we are only liable if we breach 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 then limited to the damage typical for the contract and foreseeable.

We are liable without limitation in any case

• for damage from injury to life, body or health,
• under the German Product Liability Act,
• if we fraudulently concealed a defect or gave a guarantee.

14. Term and termination

The contract of use runs for an indefinite period. You can end it at any time by deleting your account in the app under "Profile", "Account", "Delete account". You cancel a Plus subscription separately in the store (section 4.4).

We can terminate the contract of use with four weeks' notice, for example if we shut Tally down. If you have Plus, the contract ends with such a termination no earlier than the end of the period you have already paid for, and for Plus Lifetime no earlier than twelve months after the announcement. That way you lose no paid time. The right to terminate without notice for good cause, for example for serious violations of section 9, remains unaffected.

15. Changes to these terms of use

We only change these terms if there is a valid reason, such as new features, a change in the law or a court ruling that affects a clause. We email you the changed terms to the address of your account at least four weeks before they are to apply and ask for your consent. They only apply to you once you agree. Silence does not count as consent. If you do not agree, the previous terms continue to apply to you. In that case we can terminate the contract of use under section 14. Prices of a running subscription only change under the rules of the store and with your consent where the store requires it.

16. Applicable law and dispute resolution

German law applies. If you are a consumer with your habitual residence in another EU country, the mandatory consumer protection rules of that country remain unaffected.

We are not obliged and not willing to take part in dispute resolution proceedings before a consumer arbitration board. If there is a problem, just write to hello@borstessi.de, we usually find a solution.

17. Final provisions

If a provision of these terms is invalid, the rest remain valid. The statutory provisions take the place of the invalid provision.