CHESSIFY TERMS AND CONDITIONS

Last updated December 2, 2021

Welcome to www.chessify.me (“Site,” "Website”). This Website is owned and operated by Chessify, Inc. (“Chessify,” collectively “we” and “us”). The Website provides you with content, as well as various e-commerce, community, and chess cloud analysis services (“Service(s)”).

The following terms and conditions (“Terms and Conditions,” "Terms", “Terms of Use”) govern all use, whether by Clients or Other Users (“you”, “your”, “User(s)”), of Our Website and Services, or any other content, materials, services, features, activities or products available at or through Our Website. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions as well as our Privacy Policy (available here ). If you disagree with any part of the terms then you may not access the Service.

We reserve the right to modify or amend the Terms from time to time for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

If you are under the age of 18, you may only use our Website or Services under the supervision of a parent or legal guardian.

These terms and conditions were created with the help of Termly.

  • 1. Account Registration and Access

    You may be required to register for the Chess Cloud Analysis Service. To create an account, you must complete the registration process by providing Chessify with the information prompted by the registration form, including e-mail address (username) and password. You agree to provide us with complete and accurate information when you register for the Cloud Analysis Service, and to keep such information up to date. Our Website may allow you to log in to your account through online accounts you may have with third-party social networking sites such as Google. You agree and acknowledge that your use of such social network services is subject to such terms and conditions and/or privacy policies of such social network sites, and agree to abide by such requirements.

    You shall protect your username and password and are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. You agree to notify Chessify immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the Service.

    Chessify may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.

  • 2. Free Trial Period

    Chessify may offer a one-time free trial period during which you can try out the Cloud Analysis Service for 2 hours from the time you register on Chessify without pre-paying ("Free Trial Period"). To receive a Free Trial, go to https://chessify.me/analysis , create an account, and then verify it via the link we send to your email address. The Free Trial does not require any information about your credit card or other payment methods.

    During the Free Trial Period, you receive 200 coins which you can use to rent any of Chessify's cloud servers and chess engines. You also receive free access to Chessify's up to 100 MN/s speed cloud server for Stockfish, asmFish, and SugaR engines. The up to 100 MN/s speed server can be rented without spending any coins and can be used for up to 10 minutes per move until the end of your Free Trial Period.

    After your Free Trial Period expires, you lose access to our Service. In order to regain it, you should consider buying one of Chessify's packages or subscription plans.

    Chessify reserves the right to modify, cancel and/or limit the Free Trial Period offer at any time.

  • 3. Fees

    Chessify offers different payment models for its cloud analysis service, including, but without limitation, subscription plans (“Plan(s)”), one-time payment packages (“Package(s)”), special packages (“Special Package(s)”) payable via an invoice.

    As an express condition of your use of and access to the Chessify Cloud Analysis Service, you agree to pay all fees applicable to your Plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Analysis Service.

    To view the available Plans and Packages, go to https://chessify.me/pricing . The special packages are usually discussed via email. You can contact Us at info@chessify.me for such a package.

    • 3.1. One Time Payment Packages

      Chessify provides a range of one-payment packages, including “Starter,” “Pro,” “Master,” “GM,” “Super GM.” Each of these packages provide a certain number of coins, validity date, as well as access to the free up to 100 MN/s speed server for Stockfish, asmFish, and SugaR with a limit of 10 minutes per move.

      All Packages are non-recurring payments and do not auto-renew after the specified expiry date. When the package expires, you irreversibly lose all your unused coins as well the access to the free up to 100 MN/s speed server. To avoid losing your remaining coins and access to the free server, you should buy a new package or subscribe to any of the Plan before the expiry date of your current package.

      Chessify may, but is not obliged to, do exceptions for the users who request or buy a new package after the expiry date. You should contact us at info@chessify.me if you want to recover your lost coins by buying a new package.

    • 3.2. Special Packages

      The Special Packages are created based on the training needs of the user. To create a Special Package, you should contact Chessify at info@chessify.me and either state the number of coins you want to receive or request a consultation. The validity date, payment method, as well as the number of coins of the Special Package, are all agreed with the user through email.

      When the Special Package expires, you irreversibly lose all unused coins as well the access to the free up to 100 MN/s speed server unless agreed otherwise before the start of your package. To avoid losing your remaining coins and access to the free server, you should buy a new package or subscribe to any of the Plans before the expiry date of your current package.

      Chessify may, but is not obliged to, do exceptions for the users who request or buy a new package after the expiry date. You should contact us at info@chessify.me if you want to recover your lost coins by buying a new package.

    • 3.3. Subscription Plans

      The subscription plans to Chessify Cloud Analysis Service include, but may not be limited to, a "Basic Plan," a "Standard Plan," and a "Premium Plan." When you subscribe to any of the Plans, alongside a given number of coins (if applicable), you receive free access to Chessify’s up to 100 MN/s speed server for Stockfish, asmFish, and SugaR without the limit of 10 minutes per move. The system, however, will check if you’re online every 10 minutes via a pop-up message and automatically stop the free server if you do not confirm your presence.

      Your Plan will renew automatically and continue month-to-month or year-to-year (depending on your Plan) unless and until you cancel your Plan or we terminate it, in each case pursuant to these Terms of Use (see Section 3.6 (Account Cancellation) and Section 12 (Term and Termination)). You must cancel your Plan before it renews in order to avoid fees due under the next billing cycle. To view the specific details of your Plan, including the commencement date of your next renewal period, visit the Chessify Website, log in at https://chessify.me/pro , and check the top left corner.

      We will bill the fees due under your Plan to the credit card you provide to us during checkout (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.

      In case your payment for the next billing period is delayed for some reason, Chessify will freeze your access to the remaining coin balance and Free analysis (collectively "Access"). We will, however, recover your Access if you make the payment within 15 days from the commencement date of your renewal period. In case the payment is not made within this 15-day period, your subscription will be automatically canceled and you will not be able to recover the unused coin balance.

      We reserve the right to deactivate your access to the Analysis Service for failure to pay applicable fees as described in these Terms.

    • 3.4. Changes in Fees

      We may, upon any notice required by applicable law, change the fees for the Service at any time or require new fees or charges. Such changes will be effective immediately upon posting on Our Website; provided, however, that such fee changes will be effective only as to prospective Service orders (including renewals) accepted by Chessify after the effective date of such change. Please be aware that any discounts applicable to previous subscriptions may not apply to renewed subscriptions.

    • 3.5. Payment Terms and Refunds

      The Website uses Stripe for all its online transactions. You can learn more information about Stripe at https://stripe.com .

      All fees for your Plan will be billed to your credit card or alternative payment method offered by Chessify. You authorize the card issuer to pay any amounts described herein and in your Plan and authorize Us (or a billing agent acting on Our behalf) to continue charging all such amounts to your credit card account until you or we cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later. You must provide current, complete, and accurate billing and credit card information.

      The fees for your Plan are billed in advance and are non-refundable. No refunds or credits will be provided for partial months of the Service, upgrades/ downgrades, or for months unused with an open account. We reserve the right to deactivate your access to the Service for failure to pay applicable fees as described in these Terms. Unless otherwise stated, all fees are stated in U.S. Dollars.

    • 3.6. Upgrade and Downgrade Terms

      If you downgrade your Plan level, your credit card will automatically be charged the new rate beginning with your next billing cycle. Downgrading your Plan may cause the loss of account features or capacity starting from the next cycle.

      If you upgrade your Plan level, your credit card will immediately be charged the full amount of the new rate, and you will continue to be charged the new amount beginning with your next billing cycle.

    • 3.7. Subscription Cancellation

      The only valid method for canceling your Plan is via the cancellation button provided on your account page, accessible after logging in to the Chessify Website at https://chessify.me/pro . Requests to cancel by e-mail or phone are not considered and do not accomplish cancellation.

      If you cancel your Plan before the end of your current pre-paid period, you will not be charged again for your Plan beginning with the next billing cycle. If you cancel your Plan, you will lose all access, upon the expiration of your current pre-paid period, to the Service (see Section 12 (Term and Termination) for additional details).

  • 4. Intellectual Property Rights

    All of the content featured or displayed on the Website, including, but without limitation, text, graphics, images, videos, and illustrations (“Content”), is owned by Chessify, its licensors, agents, and/or its Content providers. All elements of the Website, including, but without limitation, the general design and the Content, are protected by copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Services and the Website may only be used for the intended purpose for which such Website and Services are being made available. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, print, and download documents, audio, and video found on our Website for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website.

    You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website and Services. The Website, its Content, and all related rights shall remain the exclusive property of Chessify or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on this Website.

  • 5. Social Media

    As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

    You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

    By granting us access to any Third-Party Accounts, you understand that we may access and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account.

    Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.

    Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.

    Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

    You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below. We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username that becomes associated with your account.

  • 6. Third-Party Websites And Content

    The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

    Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

    Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.

    You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

    You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

  • 7. Cloud Servers

    Chessify rents cloud servers from major cloud providers including, but not limited to, Oracle, AWS, and Google.

    The current highest speed cloud server available on the Website is 1 Billion NPS. We reserve the right to change the speed of our cloud servers at any time.We will notify you about any changes via email.

  • 8. Term And Termination

    These Terms and Conditions shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses), to any person for any reason or for no reason, including, but without limitation, for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Site or delete [your account and] any information that you posted at any time, without warning, at our sole discretion.

    If we terminate your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

    In addition to terminating your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

  • 9. Modifications And Interruptions

    We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

    We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

    We cannot guarantee that the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

    We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

    Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

  • 10. Governing Law

    These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State/Commonwealth of Delaware, without regard to its conflict of law principles.

  • 11. Dispute Resolution

    To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 60 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

    • 11.1. Binding Arbitration

      If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

      The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website https://www.adr.org .

      Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses.]

      The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.

      The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the USA, Delaware.

      Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

      If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts.

      Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions.

      In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than 1 year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

    • 11.2. Restrictions

      The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

    • 11.3. Exceptions to Informal Negotiations

      The Parties agree that the following Disputes are not subject to the above provisions concerning [informal negotiations and] binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

      If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

  • 12. Corrections

    There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

  • 13. Disclaimer

    The Site is provided on an “as-is” and “as-available” basis. You agree that your use of the Site and our Services will be at your sole risk. To the fullest extent permitted by law, We disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. We do not warrant, endorse, guarantee, or assume responsibility for any hyperlinked website, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

    As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

  • 14. Limitations Of Liability

    In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages.

  • 15. Indemnification

    You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

    Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

  • 16. User Data

    We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

    You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

  • 17. Electronic Communications, Transactions, And Signatures

    Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication be in writing.

    YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

    You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

  • 18. Miscellaneous

    These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

    These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

    If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

    There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

    You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

  • 19. Contact Us

    In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:

    Chessify, Inc.

    447 Sutter St Ste 405 PMB 28 San Francisco, CA

    94108