General Terms of Sale

These terms apply between EURL RDESCAMPS, publisher of DigiThrow (71 rue de Chorette, 59158 Maulde, France, RCS Valenciennes 892 838 707), referred to as “DigiThrow”, and the operator of a venue who subscribes, referred to as “the venue”.

They are intended solely for professionals: the consumer protection rules of the French Consumer Code do not apply. They prevail over the venue's purchasing terms, unless DigiThrow agrees otherwise in writing.

The subscription covers the number of stations chosen by the venue and includes:

• the right to use the DigiThrow software on those stations;
• the online dashboard, the venue's public page, its leaderboards and its TV display;
• all updates, new games included;
• initial setup, done remotely;
• support by phone, email, video call or remote control.

Some additional content may be offered separately. Hardware (Mac, projector, touchscreen, camera, targets) is not included: the venue buys it itself, unless a reseller offers hardware.

DigiThrow opens the venue's account and provides its licenses. The manager accepts these terms the first time they open the dashboard; DigiThrow records the date, the account and the version accepted.

The venue warrants that the information given when the account is opened is accurate and keeps it up to date.

Prices are those of the price list for the venue's area, shown on the website, excluding tax; VAT is added at the applicable rate. The price depends on the number of stations. Offers for franchises and venue networks are made on request.

A subscribed venue's price remains the price at which it subscribed, and a new price list applies only to new subscriptions. The sole exception: if the consumer price index published by INSEE (the French national statistics institute) has risen by more than 10% since DigiThrow's last general price revision, or since 1 January 2025 if there has not yet been one, DigiThrow may revise the price of all subscriptions, by the same percentage for all venues and within the limit of that increase. The venue is notified at least 30 days in advance and may terminate at no cost.

The subscription is billed monthly, in advance. Payment goes through Stripe, by card or direct debit; DigiThrow never sees bank details. Invoices are available in the dashboard, on the Billing page.

A change in the number of stations applies from its effective date and appears on the next invoice.

Any sum unpaid when due automatically incurs, without prior reminder, late-payment interest at the European Central Bank rate plus 10 percentage points, and a fixed fee of €40 for collection costs. No discount is granted for early payment.

If the unpaid amount is not settled 15 days after a reminder, DigiThrow may suspend the subscription: use of the software and of the online services is then suspended until payment is made. The sums remain due during the suspension, and the venue's data is kept.

The subscription has no minimum commitment: it renews from month to month.

The venue may terminate at any time, without notice or reason, from the Billing page or by email. Termination takes effect at the end of the month already paid; the current month is not refunded.

DigiThrow may terminate in the event of a serious breach by the venue that remains unremedied 15 days after formal notice, or at any time by giving at least 3 months' notice.

When the subscription ends, the licenses are deactivated and the software stops working.

DigiThrow grants the venue, for the duration of the subscription, a personal, non-exclusive and non-transferable right to use the software on its stations.

Copying, decompiling, modifying, reselling, renting or lending the software is prohibited. Circumventing the license or a suspension, by any means whatsoever, is prohibited and constitutes a serious breach.

The software, its games and their visuals remain the property of DigiThrow. The software includes third-party components, subject to their own licenses.

Each station is activated online once. After that, games can be played without internet. The connection is used to send scores and statistics, to control the lanes from the dashboard and to install updates.

DigiThrow does its best to keep the website and the dashboard available, but cannot guarantee they will be free of interruptions (maintenance, provider outage, internet outage). Updates are free; DigiThrow may stop supporting an old version of the software.

Automatic impact detection is a scoring aid: it can make mistakes, and a score can be corrected by touch on the lane. DigiThrow does not guarantee the accuracy of every score or of the leaderboards, nor their use for a contest with prizes or stakes.

The venue chooses and buys its hardware, following DigiThrow's recommendations, and installs it on site under its own responsibility. DigiThrow is not liable for failures of, or warranties on, hardware from other manufacturers.

The throwing activity, lane layout, safety, supervision of players, minimum age and compliance with operating rules are the sole responsibility of the venue. The software is not a safety device.

The venue keeps its login details confidential and is responsible for the use of its team's accounts.

What it publishes through DigiThrow (logo, venue listing and page, Photo game images, bar menu, messages) remains its responsibility: it holds the rights to it and complies with the law. DigiThrow does not moderate it in advance and may remove manifestly unlawful content.

The venue informs its customers, by means of a posted notice, that a camera films the targets and that their games may be displayed.

The software's “Training mode” setting allows images of the target taken by the camera to be sent to DigiThrow, to improve detection. Turning it on, on the lane or in the lane settings of the dashboard, constitutes the venue's consent; turning it off withdraws that consent going forward.

Images already sent are kept and may be used to train the detection models. Only the DigiThrow team sees them; they are never published. Since a person may appear in them, the venue informs its customers. The resulting models belong to DigiThrow, and sending images gives rise to no payment.

For the data the venue entrusts to the service for its business (its team's accounts, names entered on the kiosk, bar orders, statistics), DigiThrow acts as a processor within the meaning of Article 28 of the GDPR. DigiThrow then undertakes to:

• process this data only to run the service;
• keep it confidential and protected;
• use only the providers listed in the privacy policy;
• help the venue respond to requests from its customers;
• notify the venue without undue delay of a data breach;
• delete the data at the end of the subscription, unless the law requires it to be kept.

For player accounts and leaderboards, DigiThrow is the controller: see the privacy policy.

DigiThrow is bound by an obligation of means (best efforts). Its liability is limited to proven direct damages, and capped at the amounts paid by the venue during the 12 months preceding the event giving rise to the claim. Indirect damages, such as loss of revenue or customers, are excluded.

Neither party is liable for a failure due to force majeure.

When the venue subscribes through a DigiThrow reseller, the price, billing, payment and any hardware offer are governed by its contract with that reseller. The other articles, from the license to data, apply between the venue and DigiThrow.

DigiThrow may update these terms. The venue is informed by email and in the dashboard at least 30 days in advance. If it continues to use the service after that date, it accepts the new version; otherwise, it may terminate before then, at no cost.

These terms are governed by French law. In the event of a disagreement, the parties will first seek an amicable solution. Failing that, the dispute will be brought before the Commercial Court of Valenciennes (France), including in the case of multiple defendants or third-party claims.