Terms of Service

These Terms of Service ("Terms") govern Your access to and use of the Dart Motion mobile application and any related services (collectively, the "Service") provided by PMJ HOLDINGS LIMITED ("Company", "We", "Us", or "Our").

By downloading, installing, accessing, or using the Service, You agree to be bound by these Terms and Our Privacy Policy. If You do not agree, do not use the Service.

1. Definitions

• Account: A registered user profile created to access the Service.
• Content: Any data, videos, scores, profile information, achievements, or other material You upload, generate, or store through the Service.
• Pro Subscription: The auto-renewing paid subscription that unlocks Pro features within the Service.
• Stores: The Apple App Store and Google Play Store, through which the Service is distributed and through which subscriptions are billed.
• You / Your: The natural person who downloads, installs, or uses the Service.

2. Eligibility

You must be at least 13 years old to use the Service. If You are between 13 and the age of majority in Your jurisdiction, You may use the Service only with the consent of a parent or legal guardian. By using the Service, You represent that You meet these requirements.

The Service is not directed to children under 13, and We do not knowingly permit such use. If You become aware that a child under 13 has provided information through the Service, please contact us at support@dartmotion.com.

3. Your Account

• You are responsible for maintaining the confidentiality of Your Account credentials and for all activity that occurs under Your Account.
• You agree to provide accurate, current, and complete information when creating Your Account and to keep that information up to date.
• You may delete Your Account at any time from Settings → Account → Delete account, or by emailing support@dartmotion.com. Deletion is permanent and processed within thirty (30) days, as described in the Privacy Policy.

4. License to Use the Service

Subject to Your compliance with these Terms, We grant You a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Service on devices You own or control, solely for Your personal, non-commercial use.

You may not:

• Copy, modify, distribute, sell, lease, or sublicense any part of the Service.
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent that applicable law expressly permits.
• Use the Service to develop a competing product or service.
• Use bots, scrapers, or other automated means to access the Service.
• Bypass, disable, or otherwise interfere with security or rate-limiting features of the Service.

5. Subscriptions, Billing, Auto-Renewal, and Cancellation

5.1 Pro Subscription

Certain features of the Service are available only with an active Pro Subscription. The current price and billing period for the Pro Subscription are displayed inside the Service at the point of purchase.

5.2 Billing

All Pro Subscriptions are sold and billed by Apple App Store or Google Play, not by Us. Payment is charged to Your Apple ID or Google account at confirmation of purchase.

5.3 Auto-Renewal

Your Pro Subscription automatically renews at the end of each billing period at the then-current price, charged through the same Store account, unless You cancel at least 24 hours before the current period ends.

5.4 Managing or Cancelling

You can turn off auto-renewal or cancel at any time through Your Apple ID or Google Play account settings:

• iOS: Settings → [your name] → Subscriptions → Dart Motion
• Android: Google Play → Profile → Payments & subscriptions → Subscriptions → Dart Motion

Cancellation takes effect at the end of the current billing period; You keep Pro access until then.

5.5 Refunds

Refunds, if any, are governed solely by the policies of Apple App Store or Google Play. We do not directly process refunds for Store-billed purchases.

5.6 Free Trials and Introductory Offers

If a free trial or introductory price is offered, the conditions are presented at the point of offer. The subscription automatically converts to the standard recurring price at the end of the trial or introductory period unless You cancel beforehand.

5.7 Price Changes

We may change subscription prices from time to time. Where required by law, We will give You advance notice and an opportunity to cancel before the new price takes effect.

6. User Content

6.1 Ownership

You retain all rights in the Content You create, capture, or upload through the Service (including video clips of Your throws, scores, profile information, and any text You enter).

6.2 License to Operate the Service

You grant Us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify (for technical purposes such as transcoding), and display Your Content solely to the extent necessary to provide the Service to You (for example, syncing analysis history across Your devices, displaying clips back to You, or sharing them with users You designate).

6.3 Public or Shared Content

If You choose to share Content within community features or with other users, You grant other recipients the rights necessary to view that Content for personal, non-commercial use within the Service.

6.4 Your Responsibility

You represent that You have all rights necessary to grant the license above and that Your Content does not infringe any third-party rights or violate any law.

6.5 On-Device Processing

Pose and motion analysis is performed on Your device. Raw video frames are not sent to Our servers unless You explicitly save, share, or export a clip. See the Privacy Policy for details.

7. Intellectual Property — Service

The Service, including its software, design, models, training data, logos, brand marks, and the Dart Motion name, is owned by PMJ HOLDINGS LIMITED and protected by copyright, trademark, and other intellectual-property laws. Nothing in these Terms grants You any right or license to Our trademarks or to the structure of the Service beyond the limited use license in Section 4.

8. Health, Fitness, and Coaching Disclaimer

The Service provides feedback and training drills for darts. It is not a medical device and does not provide medical, physiotherapy, ergonomic, or professional sports-coaching advice.

• Pose analysis, suggested drills, and "coach" feedback are produced by automated systems and may be inaccurate, incomplete, or unsuitable for Your circumstances.
• You should consult a qualified medical professional before starting any new training routine, especially if You have a pre-existing injury or medical condition.
• The Service does not diagnose, treat, cure, or prevent any condition.
• You assume all risk of injury arising from physical activity performed while using the Service. Stop using the Service immediately and seek medical attention if You experience pain, dizziness, or any other adverse symptom.

The Service is for entertainment and personal training purposes only. We make no warranty that following its suggestions will improve Your performance, reduce risk of injury, or produce any specific result.

9. Prohibited Conduct

You agree not to use the Service to:

• Violate any law or regulation, or infringe any third-party right.
• Upload Content that is illegal, defamatory, harassing, hateful, sexually explicit, or otherwise objectionable.
• Upload Content depicting a person without their consent.
• Interfere with, disrupt, or attempt to overload Our infrastructure.
• Attempt to gain unauthorised access to other Accounts or to non-public areas of the Service.
• Misrepresent Your affiliation with any person or entity.
• Encourage or enable any of the above.

10. Suspension and Termination

We may suspend, restrict, or terminate Your Account or access to the Service, with or without notice, if We reasonably believe that:

• You have breached these Terms, including the Prohibited Conduct in Section 9.
• Your Account has been used fraudulently, including chargeback abuse or fraudulent purchase reversal.
• Your continued use poses a security, legal, or reputational risk to the Company or other users.
• We are required to do so by law, court order, or a Store's policies.

For non-severe breaches We will, where reasonable, give You notice and an opportunity to cure. For severe or repeat breaches We may terminate immediately. Termination does not entitle You to a refund of any unused portion of a Pro Subscription, except as required by applicable law or by the relevant Store's policies.

You may stop using the Service and delete Your Account at any time.

11. Third-Party Services

The Service relies on third-party services, including but not limited to:

• Apple App Store and Google Play — distribution and billing.
• Google Firebase — authentication, cloud storage, crash reporting, messaging.
• Google ML Kit — on-device pose detection.

Your use of those services is governed by their own terms and privacy policies. We are not responsible for the acts or omissions of third-party providers.

Where the Service is downloaded from the Apple App Store, You acknowledge that these Terms are entered into between You and Us, not Apple. Apple has no obligation to provide support or maintenance for the Service. The Apple App Store EULA additionally applies to the extent of any conflict.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, whether express, implied, statutory, or otherwise, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy of results, or uninterrupted operation.

We do not warrant that the Service will be error-free, secure, or continuously available, that Content will be preserved without loss, or that any defect in the Service will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, in which case such exclusions apply only to the extent permitted by law.

13. Limitation of Liability

To the maximum extent permitted by law:

• No indirect damages. We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profit, revenue, data, goodwill, or other intangible loss, arising out of or relating to the Service.
• Cap on direct damages. Our total liability to You for all claims arising out of or relating to the Service is limited to the greater of (a) the amount You paid Us for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) fifty US dollars (USD 50).

These limits apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow these limitations, in which case they apply only to the extent permitted by law.

14. Indemnification

To the maximum extent permitted by law, You agree to indemnify and hold harmless the Company, its directors, officers, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your breach of these Terms;
• Your Content; or
• Your misuse of the Service.

15. Changes to These Terms

We may update these Terms from time to time. If a change is material, We will notify You in-app or by email and update the "Last updated" date above. Your continued use of the Service after the changes take effect constitutes Your acceptance of the updated Terms. If You do not agree, You must stop using the Service and may cancel Your Pro Subscription as described in Section 5.

16. Governing Law and Disputes

These Terms are governed by the laws of New Zealand, without regard to its conflict-of-laws rules. The parties agree that the courts of New Zealand have exclusive jurisdiction to hear and determine any dispute arising out of or in connection with these Terms, except that We retain the right to seek injunctive relief in any court of competent jurisdiction.

Nothing in these Terms limits any mandatory consumer-protection right You may have in Your country of residence that cannot be waived by contract.

17. Severability and Waiver

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect. Our failure to enforce any right under these Terms is not a waiver of that right.

18. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between You and Us regarding the Service and supersede any prior agreements on the same subject matter.

19. Contact Us

• By email: support@dartmotion.com
• Legal entity: PMJ HOLDINGS LIMITED