Terms of Service

Introduction

These Terms of Service ("Terms") govern your access to and use of the Board Games Tracker mobile application and website (together, the "Service"). The Service is operated by Dennis Essenburg, an individual based in the Netherlands ("we," "our," or "us").

By creating an account or otherwise using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree to these Terms, please do not access or use the Service.

Acceptance and Eligibility

You may use the Service only if you can form a binding contract with us and only in compliance with these Terms and all applicable laws.

• Minimum age. You must be at least 16 years old to create an account or use the Service. This threshold reflects the age of consent for data processing under the EU General Data Protection Regulation (GDPR, Article 8) as applied in the Netherlands.
• Not directed to children. The Service is not intended for, or directed to, children under the age of 16. We do not knowingly collect personal data from anyone under 16. If we learn that we have collected data from a child under 16, we will delete the account and associated data.
• Authority. If you use the Service on behalf of another person or an organization, you represent that you are authorized to accept these Terms on their behalf.

By using the Service, you represent and warrant that you meet these eligibility requirements.

Your Account

You need an account to use most features of the Service. You are responsible for maintaining your account and for all activity that occurs under it.

• Accurate information. You agree to provide accurate and current information when you register and to keep it up to date.
• Account security. You are responsible for safeguarding the credentials used to access your account, including any third-party login (Google, Facebook, or Discord) you use to sign in. Do not share your credentials with anyone.
• Responsibility for activity. You are responsible for all activity carried out through your account. Notify us immediately at [email protected] if you suspect any unauthorized use of your account.

Your Content

The Service lets you create and upload content, including game results, comments, offline player names, custom games, game photos, custom-game images, and your profile avatar (collectively, "Your Content"). You retain ownership of Your Content.

License You Grant to Us

By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, adapt (for example, resizing and optimizing images), and display Your Content solely for the purpose of operating, providing, and improving the Service — including displaying it to the other users the Service is designed to share it with, such as your friends or the participants of a game result. This license lasts only for as long as Your Content remains on the Service and ends when you delete Your Content or your account, except for content that must be retained for other participants' records as described in our Privacy Policy, and except for backup copies retained for a limited period.

Your Warranties

You represent and warrant that, for all of Your Content:

• You own it or have all rights, licenses, and permissions necessary to upload it and to grant the license above.
• It does not infringe the intellectual property, privacy, publicity, or other rights of any third party.
• It is not illegal, defamatory, harassing, hateful, obscene, sexually explicit, or otherwise offensive, and does not violate these Terms or any applicable law.

Public Visibility of Images

Please read this carefully. Game photos, custom-game images, and profile avatars are stored in public buckets and are publicly accessible by URL. This means that anyone who has, guesses, or is given the link to an image can view it without logging in, even if they do not have a Board Games Tracker account. While these images are not indexed or listed publicly within the app, the underlying files are not access-restricted. Do not upload images that contain sensitive, private, or confidential information, and do not upload images of other people without their consent.

Offline Players and Data About Others

The Service lets you add "offline players" — names you create to track friends and family who do not have their own accounts — and to record other people as participants in game results. When you enter names or other information about other people, you are solely responsible for that data. You represent that you have any necessary permission to record it, that it is accurate, and that it is not offensive or infringing. If a person you have recorded asks to be removed, you are responsible for editing or deleting the relevant records, and you may contact us for assistance.

Acceptable Use

To keep the Service safe for everyone, you agree not to use it — including in comments, player names, game names, custom-game descriptions, images, or any other content or conduct — to:

• Harass, threaten, bully, stalk, or intimidate any person;
• Post or transmit content that is illegal, infringing, defamatory, hateful, discriminatory, obscene, sexually explicit, or otherwise objectionable;
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity;
• Violate the intellectual property, privacy, or publicity rights of others;
• Upload viruses, malware, or any code designed to disrupt, damage, or gain unauthorized access to the Service or its users;
• Scrape, crawl, harvest, or use automated means to access, extract, or collect data from the Service, or otherwise access the Service other than through the interfaces we provide;
• Attempt to probe, scan, or test the vulnerability of the Service, or breach or circumvent any security or authentication measures;
• Interfere with or place an unreasonable load on the Service, or otherwise abuse the Service or disrupt other users' enjoyment of it;
• Use the Service for any unlawful purpose or in violation of any applicable law.

Moderation and Enforcement

We are not obligated to monitor Your Content, but we may review it. If we determine, in our reasonable judgment, that content or conduct violates these Terms or is otherwise harmful or objectionable, we may take action, including:

• Removing, disabling, or restricting access to the offending content;
• Issuing a warning;
• Suspending or terminating your access to the Service or your account.

Where reasonable and lawful, we will aim to give you notice of enforcement action and, if appropriate, an opportunity to respond — but we may act without prior notice where the violation is serious, unlawful, or presents a risk to other users or to the Service. If you believe content was removed in error, you may contact us at [email protected].

Third-Party Services and Links

The Service relies on and links to services operated by third parties. We do not control these services and are not responsible for their content, availability, accuracy, or practices. Your use of a third-party service is governed by that party's own terms and privacy policy.

• BoardGameGeek. Board game titles, metadata, and related information are sourced in part from BoardGameGeek. That data is provided by BoardGameGeek and remains subject to their terms and rights.
• GameUPC. When you scan a barcode, the barcode value is sent to the GameUPC service to look up the corresponding board game. We are not responsible for the accuracy or availability of GameUPC's results.
• Ko-fi. Our "Support Us" link directs you to an external Ko-fi page where you may choose to make a voluntary donation. Any payment is processed entirely by Ko-fi under its own terms; donations are voluntary, non-refundable, and confer no additional rights or features within the Service.

Links to third-party sites are provided for convenience only and do not imply our endorsement.

Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied. To the fullest extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, secure, or error-free; that defects will be corrected; or that any content, statistics, game data, or other information made available through the Service is accurate, complete, or reliable. You use the Service at your own risk.

Limitation of Liability

To the fullest extent permitted by applicable law, we and anyone acting on our behalf will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your use of (or inability to use) the Service.

To the fullest extent permitted by applicable law, our total aggregate liability arising out of or relating to the Service will not exceed the greater of (a) the total amount you paid us, if any, for the Service in the twelve (12) months before the event giving rise to the liability, or (b) fifty euros (€50).

Consumer-law carve-out. Nothing in these Terms excludes or limits our liability where it would be unlawful to do so. In particular, if you use the Service as a consumer, this section does not affect your mandatory statutory rights under Dutch and EU consumer-protection law, and nothing here excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law. Where any limitation in this section is not permitted by law, it applies only to the extent permitted.

Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Dennis Essenburg from and against any claims, liabilities, damages, losses, and reasonable expenses (including legal fees) arising out of or related to: (a) Your Content; (b) your use of the Service; (c) your violation of these Terms; or (d) your violation of any law or the rights of a third party.

This obligation does not apply where the claim results from our own breach or fault, and it does not apply to the extent that it would be unenforceable against you as a consumer under mandatory Dutch or EU consumer-protection law.

Changes to the Service and These Terms

We are continually improving the Service and may add, change, or remove features at any time. We may also update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top of this page and, where appropriate, provide additional notice within the Service.

Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you should stop using the Service and may delete your account.

Termination

You may stop using the Service and delete your account at any time from within the app. We may suspend or terminate your access to the Service, with or without notice, if you violate these Terms or if we reasonably believe your use poses a risk to the Service or its users, or where required by law.

On termination, your right to use the Service ends. Provisions that by their nature should survive termination — including ownership and license provisions, disclaimers, limitations of liability, indemnification, and the governing-law section — will survive. Details of how your data is handled on account deletion are set out in our Privacy Policy.

Governing Law and Jurisdiction

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the Netherlands, without regard to conflict-of-law principles. Any dispute that cannot be resolved informally will be submitted to the competent courts of the Netherlands.

If you use the Service as a consumer, this choice of law and forum does not deprive you of the protection of the mandatory consumer-protection rules of the country in which you are habitually resident, and you may also be entitled to bring proceedings in the courts of that country.

Contact Us

If you have any questions about these Terms, please contact us at: