Terms of Use

1. Provider and scope

These terms of use apply to the bowlinq web application at bowlinq.de and all of its pages. The provider is Jens Heise; the full details are in the imprint.

By registering an account or using bowlinq you agree to these terms. Differing or additional terms of a league, a club or a user do not become part of this agreement, even if they are not expressly objected to.

How personal data is processed is not covered here but in the privacy policy.

2. What bowlinq is

bowlinq is a web application for running the season of a bowling league. A league sets up its season, puts together teams and players, plans match days, enters results, and has averages, handicaps and standings calculated from them.

The provider supplies the software for that. The provider is neither the organiser of the league nor an arbiter of its results: which rules a league plays by, who plays in it and whether an entered result is correct is for the league itself to decide.

There is no entitlement to a particular set of features. Features may be added, changed or removed, as long as the purpose of the application — running the season of a league — is preserved.

3. Account and registration

Most features require an account. It is created with an email address and a password, or by signing in with Google.

• Minimum age. You may create your own account if you are at least 16 years old. Anyone younger can still play in a league: the league management can keep members without an account of their own, and they appear in line-ups, results and standings just like everybody else.
• Accurate details. First name, last name and email address must be correct and kept up to date. An account is personal; it must not be passed on to others.
• Credentials. Keep your password secret. If you suspect that someone else has access to your account, change the password — which signs out every other device — and contact the provider if needed.
• No entitlement to an account. The provider may refuse a registration.

4. Leagues, roles and responsibility

Whoever creates a league owns it and can make further members part of the league management. The league management sets the league up, admits members, puts teams together, plans match days and enters or corrects results. Team captains may edit the people in their own team.

That means the league management decides about other people's data. Whoever runs a league is responsible for

• admitting only people who agree to it,
• keeping their names and membership numbers correct,
• and handing invitation links only to the people they are meant for.

Whoever runs a league processes personal data of other people and carries the data protection responsibility for it, as far as it goes beyond purely private use. The provider merely supplies the application.

5. User content

Results, team and player names, league names, uploaded pictures, dates and comments are the users' content, not the provider's. Whoever enters them warrants that they are entitled to do so and that the content infringes no third-party rights — in particular no trademark, copyright or personality rights.

For uploaded pictures you grant the provider the non-exclusive right, unlimited in time and territory, to store them, process them technically and display them within the application. This grant serves solely the operation of bowlinq and ends when the picture is deleted. There is no use beyond that — in advertising, for instance.

The provider may remove content that violates these terms or applicable law. Such content can be reported at any time through the contact form.

Some content is deliberately public: a schedule can be subscribed to as a calendar, and that calendar is reachable under its address without signing in. Whoever passes the address on passes the schedule on.

6. Acceptable use

bowlinq must not be misused. In particular, it is prohibited to

• gain access to accounts, leagues or data you are not authorised for,
• scrape the application automatically or overload it with requests,
• circumvent security measures or exploit vulnerabilities instead of reporting them,
• enter unlawful, abusive or discriminatory content,
• or use the application in a way that impairs its operation for others.

If you find a security vulnerability, please report it through the contact form rather than exploiting it.

7. Availability

bowlinq is operated with the care a service of this size allows, but without any promise of a particular availability. Maintenance, outages at the service providers used and failures are possible; there is no entitlement to uninterrupted access.

The provider makes backups of the database but does not owe data backup as a service, nor the recovery of individual deleted content.

8. Prices

bowlinq is currently free of charge. All described features are available without payment and without a trial period.

Paid services are envisaged for the future. They only ever come about through an express order: an existing account does not become chargeable after the fact, and no free use turns into a subscription automatically. Before such an order, prices, scope, term and notice periods are shown, and consumers receive the statutory right-of-withdrawal notice. Until then, this section applies as it stands to all users.

9. Term, termination and deletion

The agreement on the use of bowlinq is concluded for an indefinite period and may be ended by either side at any time without notice.

• By you. An account can be deleted in the account settings. Whoever owns a league has to delete it first — otherwise the account would take the whole league with it, including every result of every other member.
• By the provider. The provider may terminate an account with 14 days' notice, and may suspend or delete it immediately in the case of a serious breach of these terms. Before a suspension, the breach will be pointed out where that is possible and reasonable.
• What happens to the data is described in the privacy policy. In short: the sign-in data goes with the account — email address, password, sessions and a linked Google sign-in. Membership in a league stays, with the name and membership number that league keeps, because the other members' line-ups and results hang off it; the link to the account is severed. Anyone who wants to disappear from there as well should contact the league management or the provider.
• Discontinuation. Should bowlinq be discontinued, this will be announced at least three months in advance so that leagues can secure their data.

10. Liability

The provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and to the extent of any guarantee given.

For ordinary negligence the provider is liable only for the breach of a material contractual obligation — an obligation whose fulfilment makes proper use possible in the first place and on whose observance you may rely. In that case liability is limited to the foreseeable damage typical for this kind of agreement. As bowlinq is provided free of charge, the statutory limitation of liability for gratuitous contracts applies in addition.

Any further liability is excluded. In particular, the provider is not liable for the correctness of entered results, for decisions a league bases on those results, or for content that users have entered.

11. Changes to these terms

These terms may be changed where there is a legitimate reason to do so — a change in the law or in case law, new features, or a change of the service providers used.

Users with an account will be informed of a change by email or in the application at least 30 days before it takes effect. Not objecting counts as agreement; the notice will say so expressly. Anyone who objects can delete their account before the change takes effect.

12. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the user is a consumer habitually resident in the EU, the mandatory consumer protection provisions of their country of residence remain unaffected.

The provider is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

Should any provision of these terms be invalid, the remainder of the agreement remains in force.