Terms of use

1 About these terms

These terms are an agreement between you and vereniging zonder winstoogmerk Internaat Antwerpen (“we”, “us”), the developer and publisher of Tallygate. By installing or using the app you accept them. If you don’t, please don’t use the app; you can uninstall it at any time.

Google Play’s own terms apply to how you download the app; those are between you and Google. How we handle personal information is explained in our privacy policy. If anything in these terms conflicts with a right your local law gives you as a consumer, your right wins (see section 14).

2 Your licence to use Tallygate

We give you a personal, non-exclusive, non-transferable licence to install and use Tallygate on Android devices you own or control, for your own non-commercial use, for as long as you follow these terms. Keeping score at a club night, a family gathering or a pub quiz among friends counts as your own use. The app is licensed to you, not sold. Tallygate has no in-app purchases, subscriptions or ads; any price for the app itself is shown on Google Play before you download it.

Some parts of the app, such as its typefaces, are open source and come with their own licences. For those parts, their licences apply.

3 Fair use

Please don’t:

• copy, sell, rent, sublicense or redistribute the app, or publish modified versions of it;
• reverse engineer, decompile or disassemble the app, except where the law allows this despite these terms;
• remove or hide copyright, trademark or licence notices;
• use the Tallygate name, its scorepad, gates and pencils, or its icon in a way that suggests you are us or that we endorse you;
• use the app or this website to break the law or anyone else’s rights, or try to disrupt the website.

We don’t watch who wins. We couldn’t if we wanted to: your sheets never leave your phone.

4 Your scores are yours

Every sheet, name and score you put into Tallygate belongs to you. We claim no ownership of it and need no licence to it, because it stays on your phone and we never see it. You are responsible for what you write, including the names you give other players, and for what you do with the score files you export and share.

5 Just for fun

Tallygate is a scorepad for game night. It adds up the points you put in, stars whoever is in front and circles the winner, and it does that carefully. But it only knows what you tap: a missed point, a mistyped round or a sheet set to the wrong target will give the wrong total, and the app can’t know your game’s rules or who was cheating.

So please treat its totals as a friendly record, not an official one. Tallygate isn’t made for gambling, for betting, or for competitions where money or valuable prizes are at stake, and we don’t accept responsibility for the outcome of any wager or prize decided with it. If a result really matters, check the sheet together before anyone pays up, or skip the stakes and play for the glory.

6 Our work

The app’s code and design, its drawings (the scorepad sheets, the five-bar gates, the pencils, the spinner, the line icons and the app icon), the name Tallygate and this website belong to vereniging zonder winstoogmerk Internaat Antwerpen or its licensors and are protected by intellectual property laws. These terms don’t give you any rights in them beyond the licence in section 2. Sharing a screenshot of your own winning sheet is, of course, fine. Gloating is between you and your friends.

The typefaces Lilita One, Kalam and Atkinson Hyperlegible are used under the SIL Open Font License.

If you send us ideas or suggestions, we may use them without owing you anything, but we won’t publish your name or your message without asking you first.

7 Keep your own copies

Tallygate has no account and no cloud of its own. Your sheets exist on your phone and, if you use them, in Android’s own backup and on a new phone you transfer to. If your phone is lost, stolen, broken or reset, or if you uninstall the app or delete a sheet, those scores may be gone for good. We can’t recover them, because we never had them, and we can’t promise that Android’s backup will include them, since that depends on your phone and your settings.

If a record matters to you, use Export every sheet as CSV now and then and keep the file somewhere safe. This section doesn’t reduce our responsibility if a defect in the app itself causes a loss and your local law holds us responsible for it (see section 9 and section 14).

8 The app as it is

We make Tallygate with care and hope it sits on many game tables with you. But it is provided “as is” and “as available”. To the extent the law allows, we make no promises beyond those in these terms, for example that the app will be free of errors, that it will work on every device or that it will stay available on Google Play, and we disclaim implied warranties such as merchantability, fitness for a particular purpose and non-infringement.

If you are a consumer, you have legal rights that this section does not limit (see section 14).

9 Our liability

Nothing in these terms limits or excludes any liability that cannot be limited or excluded by law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for gross negligence or wilful misconduct.

Subject to that, and only to the extent the law allows:

• we are not liable for losses that were not reasonably foreseeable, or for business losses (Tallygate is for personal use);
• we are not liable for a score, total or winner that was wrong because of what was entered, or for any bet, stake or prize decided with the app (see section 5);
• our total liability to you for all claims connected with the app or this website is limited to the greater of the amount you paid for the app and 50 US dollars, or the equivalent in your currency.

These limits don’t apply where your local consumer law says they can’t (see section 14).

10 Changes

We may update the app to fix things, improve it or keep it working on new versions of Android, and we may change these terms. If we change the terms in a way that matters, we will update the date at the top and make the change clear on this page before it takes effect. If you keep using the app after that, the new terms apply; if you don’t agree, you can stop using it and uninstall it. Changes never apply to disputes that began before them.

We may also stop offering the app. Because it works offline, the copy on your phone should keep working, although we can’t promise it will on future versions of Android. Your scores remain yours either way.

11 Ending

You can stop using Tallygate whenever you like by uninstalling it (export your sheets first if you want to keep them). We may end your licence if you seriously or repeatedly break these terms, for example by redistributing the app, and we will tell you if we reasonably can. As there is no account, ending the licence simply means you must stop using the app and remove it. Sections 4, 5, 6, 8, 9, 13, 14 and 15 continue to apply after that.

12 Export controls and sanctions

You must comply with the export control and sanctions laws that apply to your download and use of the app. You may not download or use it where those laws prohibit it, for example if you are on a government list of prohibited or restricted parties.

13 Governing law and courts

These terms are governed by the law of the country (and, where relevant, the state, province or region) where you habitually live. There is no single jurisdiction that applies to everyone. You can bring any dispute in the courts of the place where you live, and we will only bring a claim against you there.

Nothing in these terms requires you to go to arbitration, and nothing stops you from joining a class or collective action where your law allows one. The mandatory consumer protection rules of the place where you live always apply and prevail over anything in these terms.

We’d always like to hear about a problem first, at macy88833@gmail.com; most things can be sorted out with a friendly email. But you don’t have to contact us before using your legal rights.

14 Where you live

European Economic Area, United Kingdom and Switzerland

If you are a consumer here, you have statutory rights, including, where they apply to digital content, the right to an app that matches its description and works as it should. These terms do not affect those rights, and the disclaimers in section 8 and the limits in section 9 don’t apply to the extent they would limit them.

We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill. Loss or damage is foreseeable if it was an obvious consequence of our breach, or if we both knew it might happen when you started using the app. If faulty digital content we supply damages your device or other digital content because we didn’t use reasonable care and skill, we will repair the damage or compensate you where the law requires us to.

United States

Nothing in these terms limits rights you have under state consumer protection laws that cannot be waived. Some states don’t allow the exclusion of implied warranties or the limitation of incidental or consequential damages, so parts of section 8 and section 9 may not apply to you.

California. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice. Tallygate is provided by vereniging zonder winstoogmerk Internaat Antwerpen, who can be reached at macy88833@gmail.com. Any price for the app is shown on Google Play before you download it, and the app has no in-app purchases or subscriptions. If you have a complaint, you may contact us, or the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

New Jersey. If you live in New Jersey, nothing in these terms is meant to limit any right you have under New Jersey law, including the Truth-in-Consumer Contract, Warranty and Notice Act. Any disclaimer, limitation or exclusion in sections 5, 8, 9 or 15 applies to you only to the extent New Jersey law permits it, and if a provision is unenforceable in New Jersey, the rest of these terms still applies.

Australia and New Zealand

Australia. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010) or any other law that cannot be excluded. Where those guarantees apply, the disclaimers and limits in sections 5, 8 and 9 apply only as far as that law permits.

New Zealand. If you use the app as a consumer, nothing in these terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. If you use it for the purposes of a business, the Consumer Guarantees Act does not apply, to the extent that is fair and reasonable.

Canada and Québec

Nothing in these terms limits rights you have under provincial consumer protection laws that cannot be waived, and the disclaimers and limits in sections 5, 8 and 9 apply only to the extent those laws allow.

Québec. If you are a consumer in Québec, the Consumer Protection Act applies. Any clause in these terms that would exclude or limit our liability for our own acts, or let us change these terms in a way the Act does not permit, does not apply to you to that extent. Nothing in these terms prevents you from going to the courts of Québec.

Everyone else

Wherever you live, if your local law gives you consumer rights that cannot be excluded or limited by a contract, those rights apply and take priority over these terms. If a provision here isn’t allowed in your country, it doesn’t apply to you, and the rest still does.

15 The remaining small print

Severability

If a court decides that part of these terms is invalid or unenforceable, that part is limited or removed only as far as necessary, and the rest stays in effect.

Entire agreement

These terms and the privacy policy are the whole agreement between you and us about Tallygate. They don’t affect any rights you have by law.

No waiver

If we don’t insist on something straight away, we can still insist on it later.

Transfer

We may transfer these terms to another organisation, for example if Tallygate changes hands, and we will make sure that doesn’t reduce your rights. You may not transfer your licence to anyone else.

Third parties

Nobody else has rights under these terms, except where the law gives them.

Language

These terms are written in English. If we provide a translation, the English version applies unless your local law requires otherwise.

16 Contact

vereniging zonder winstoogmerk Internaat Antwerpen
Email: macy88833@gmail.com

Questions, complaints and kind words are all welcome. So are stories of comeback wins.

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