Terms of Use
As of: June 2026
Note: The German version of these Terms of Use is the legally binding version. This English translation is provided for informational purposes only. In the event of any discrepancy between the two versions, the German version shall prevail.
§ 1 Parties and Scope
1.1 These Terms of Use govern the use of the app, web app, and related services under the name CountTally (hereinafter "Service" or "CountTally").
1.2 The provider of the Service is:
Wienold-IT UG (haftungsbeschränkt)
Managing Director: Diplom-Verwaltungswirt (FH) Michael Wienold
Ziegelbrennerstraße 29 · 31157 Sarstedt · Germany
Email: info@wienold-it.de · Phone: +49 1525 3418541
HRB 209964 · Local Court Hildesheim · VAT ID: DE454282966
(hereinafter "Wienold-IT" or "we").
1.3 These Terms apply to all users of the CountTally app (Android, iOS, Windows, Web/PWA), the web interface at app.counttally.com, and all related subdomains and API services.
1.4 By first using the Service or creating an account, the user agrees to these Terms in their current version.
1.5 Conflicting or supplementary general terms of the user do not become part of the contract unless Wienold-IT expressly agrees to them in writing.
§ 2 Description of Service
2.1 CountTally is a digital counting tool. It enables manual, formula-based, and collaborative recording of count values on mobile devices, desktop systems, and in the browser.
2.2 CountTally is solely a counting aid. The Service does not guarantee the accuracy, completeness, or legal admissibility of recorded count values.
2.3 In particular, CountTally is not a certified measurement system and does not replace legally prescribed procedures. This applies expressly – but not exclusively – to:
- capacity management and access control at public or private events,
- official headcounts required under assembly, construction, or fire-safety law,
- counts subject to legal calibration requirements in commerce, industry, or public administration,
- any count whose result forms the basis of a legally binding decision.
2.4 The Service includes different feature sets depending on the selected plan (Free, Lifetime, Pro, Premium). The current feature scope per plan is described at counttally.com. Wienold-IT reserves the right to develop the feature set of individual plans further (see § 10).
2.5 The app is available on the following platforms: Android, iOS, Windows, and Web/PWA. Availability on individual platforms may vary.
§ 3 Availability, Operations, and Maintenance Window
3.1 Wienold-IT operates the server-side services of CountTally on infrastructure provided by Hetzner Online GmbH, with server location in Falkenstein, Germany. Data processing takes place exclusively within the European Union.
3.2 Wienold-IT strives to operate the Service stably and reliably. However, no specific availability (Service Level Agreement) is promised or guaranteed. Operation may be interrupted or restricted by:
- scheduled maintenance (announced where possible),
- unplanned technical failures or hardware outages,
- disruptions at third-party providers (in particular Hetzner, app-store operators, DNS and CDN services),
- attacks on the infrastructure (e.g. DDoS),
- force majeure (see § 3.4).
3.3 Scheduled Maintenance Window: Wienold-IT reserves the right to use a maintenance window of up to 2 hours per week if updates or system work are required. When used, this window takes place on Saturdays from 02:00 a.m. (Berlin local time, CET/CEST). During the maintenance window, the Service may be fully or partially unavailable. No separate notice will be given provided the window does not exceed the stated time frame. For foreseeable longer maintenance periods, Wienold-IT will endeavor to provide advance notification.
3.4 Force majeure includes all events beyond Wienold-IT's control whose occurrence or consequences cannot be prevented even with reasonable diligence, including natural disasters, earthquakes, floods, epidemics, war, terrorist attacks, government-ordered shutdowns, and widespread network outages.
3.5 In the event of force majeure, disruptions under § 3.2, or maintenance under § 3.3, the user has no right to Service availability, fee refunds, or damages.
3.6 The offline core functionality (counting without a server connection) is not affected by server outages or maintenance windows and remains available independently of the server-side service status, provided the user's device is functional.
3.7 Offline capability: The core functions of the app (in particular counting, local counters, and scoreboard sets) can be used without an active internet connection. The following functions, however, require an active internet connection: downloading and installing the app, purchasing subscriptions and one-time purchases, device synchronization (Pro), real-time collaboration, and stream overlays (Premium). These functions are expressly not covered by the offline core functionality described in § 3.6.
§ 4 Disclaimer – Software and Service
4.1 CountTally is provided "as is." Wienold-IT does not warrant that the Service is error-free, uninterrupted, or free of security vulnerabilities.
4.2 Wienold-IT is not liable for:
- errors, crashes, or data loss in the app or backend,
- inaccurate, incomplete, or duplicate count values resulting from software errors, user errors, or device malfunctions,
- loss of stored count data through technical errors, database failures, migrations, or deletion,
- unauthorized third-party access to user data where Wienold-IT has implemented industry-standard security measures,
- incompatibilities of the Service with specific devices, operating systems, or third-party applications.
4.3 The above disclaimers do not apply to damages caused by Wienold-IT through willful misconduct or gross negligence, or to damages arising from injury to life, body, or health.
4.4 Otherwise, Wienold-IT's liability is – to the extent permitted by law – limited to foreseeable, typical damages. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
§ 5 Disclaimer – Use of Count Results
5.1 CountTally is solely a technical counting aid. The user alone is responsible for the correct use of the app, the correct execution of counts, and the subsequent use, interpretation, and application of count results.
5.2 Wienold-IT assumes no responsibility and is not liable for consequences arising for the user or third parties from the use of count results. This includes in particular, but not exclusively:
- decisions in event organization, capacity management, or access control,
- regulatory violations based on or omitted due to CountTally counts,
- economic, operational, or legal damages arising from the use of count results (e.g. excessive or insufficient inventory, incorrect billing, official sanctions),
- personal injury or property damage resulting from decisions made on the basis of CountTally data.
5.3 In particular for capacity management and officially required headcounts: CountTally is not a certified measurement system and does not replace legally prescribed procedures. Users who deploy CountTally to support such processes do so at their own risk and are themselves obligated to ensure compliance with all applicable legal requirements.
5.4 The user shall indemnify Wienold-IT against all claims by third parties arising from unlawful or erroneous use of CountTally count results.
§ 6 Data Protection and GDPR
6.1 Personal data is processed exclusively in accordance with the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and applicable German data protection laws.
6.2 The data controller within the meaning of the GDPR is Wienold-IT UG (haftungsbeschränkt), Ziegelbrennerstraße 29, 31157 Sarstedt (see § 1.2).
6.3 All servers and databases are located exclusively in Germany (Hetzner Online GmbH, Falkenstein). No transfer of personal data to third countries outside the EU/EEA takes place unless explicitly stated otherwise.
6.4 Details on data processing and user rights are set out in the Privacy Policy at counttally.com/datenschutz. The Privacy Policy forms part of these Terms of Use.
§ 7 User Obligations and Prohibited Use
7.1 Users must not violate any laws or third-party rights when using CountTally.
7.2 In particular, it is prohibited to:
- use the Service for illegal purposes or contribute to such use,
- overload the infrastructure through automated mass requests, bots, or scraping tools,
- circumvent or manipulate security mechanisms of the Service,
- use or share third-party credentials without authorization,
- distribute content that violates applicable law via the Service.
7.3 In the event of violations, Wienold-IT is entitled to temporarily block or permanently terminate the user's access to the Service without any resulting claims by the user.
§ 8 User Account and Minimum Age
8.1 Certain features (in particular synchronization, collaboration, and paid plans) require the creation of a user account.
8.2 The use of CountTally and in particular the conclusion of paid subscriptions (Pro, Premium) and the purchase of paid one-time offers (Lifetime) is reserved for persons aged 18 and over. Younger users require the express consent of a parent or guardian; in-app purchases may only be made by minors with the consent of their legal representative.
8.3 Users are responsible for the security of their access credentials and must notify Wienold-IT immediately upon becoming aware of any unauthorized access to their account.
§ 9 Prices, Payment, and Cancellation
9.1 CountTally is available in a free tier (Free, ad-supported) and paid tiers (Lifetime, Pro subscription, Premium subscription). Current prices are listed at counttally.com/#pricing.
9.2 Subscriptions (Pro, Premium) run on a monthly or annual basis and renew automatically unless cancelled before the end of the respective billing period. Cancellation is carried out via the respective platform (Google Play Store, Apple App Store) or – for direct purchases – via the user account.
9.3 The Lifetime tier entitles the user to permanent use of the local features included at the time of purchase. It does not confer any entitlement to server-side services (synchronization, collaboration, stream overlays) and is non-transferable.
9.4 Price changes for subscriptions will be communicated to the user at least 30 days before the next billing period. The user may cancel the subscription before the price change takes effect.
9.5 Refunds are governed by the refund policies of the respective app store operator. Wienold-IT does not grant additional refund entitlements beyond statutory withdrawal rights.
§ 10 Right to Amend
10.1 Wienold-IT reserves the right to amend these Terms at any time. Registered users will be notified of material changes by email or in-app notification at least 14 days before the changes take effect.
10.2 If the user does not object to a change within 14 days of receiving the notification, the change is deemed accepted. The notification will explicitly draw attention to this right of objection and the consequence of silence.
10.3 Wienold-IT reserves the right to develop, expand, modify, or discontinue individual features. If such a change permanently and materially impairs core service obligations under a paid plan, the user shall have an extraordinary right of termination.
§ 11 Governing Law and Jurisdiction
11.1 These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2 For consumers within the meaning of § 13 German Civil Code (BGB): If the user had their habitual residence in Germany or another EU member state at the time of contracting, mandatory consumer protection provisions of that state shall continue to apply.
11.3 The place of jurisdiction for disputes with merchants, legal entities under public law, or special funds under public law is Hildesheim.
11.4 The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. Wienold-IT is not obligated to participate in dispute resolution proceedings before a consumer arbitration board and does not participate in such proceedings.
§ 12 Miscellaneous
12.1 Should any provision of these Terms be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the legally permissible rule that most closely reflects its economic purpose.
12.2 Wienold-IT is entitled to transfer rights and obligations under this contractual relationship to third parties. The user will be notified at least 30 days in advance and shall have an extraordinary right of termination in such case.
12.3 No oral collateral agreements exist. Amendments and additions require the text form.
Wienold-IT UG (haftungsbeschränkt) · Sarstedt · As of: June 2026