TERMS OF USE

Last updated: 29 January 2024

1. DESCRIPTION OF OUR SERVICES

Welcome to eChess!

Thank you for using our eChess app or website https://echess.com, where you ("you" or "user") may access and/or download our eChess game and use other related products and services (the "Services").

In the following, we have outlined the Terms of Use ("Terms") for our Services. The Terms govern how eChess AS (also referred to as "eChess", "us", "we" and "our") provide our Services. Please read these Terms carefully before you use our Services.

By downloading, installing, accessing or using our Services you agree to be bound by our Terms, as well as our Privacy Policy. You may not continue to use our Services if you do not agree with our Terms.

2. RIGHT TO USE OUR SERVICES

2.1. Minimum age

You must be at least 13 years old to use the Services, unless you have a parent or guardian’s permission to use the Services.

2.2. License to download and install

eChess grants you a non-exclusive, non-transferable, non-sublicensable limited license to download, install, and use copies of the downloadable version of the Services solely for personal, non-commercial purposes, subject to these Terms. You acknowledge that you have no title or ownership to the Services, that no such title or ownership is being transferred, sold or assigned to you.

2.3. Right to use

eChess grants you a limited, non-exclusive and non-transferrable right to access and use the Services in accordance with these Terms. The right to use our Services is limited to personal use for non-commercial purposes.

2.4. User Account

To access some features of the Services, you will have to create an account. You must submit a valid e-mail address and select a username and password during the registration process.

You must provide accurate and complete information to register for your account. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You are responsibility for all activities that occur under your account.

If you choose to upload a profile picture, this will be visible to other players. You must have the rights to the image you upload and ensure it is appropriate for our community. eChess may refuse usernames or profile pictures, including usernames or pictures that already exists, are inappropriate or offensive.

2.5. Restrictions

You must not:

1. commercially exploit, reproduce, republish, redistribute, copy, distribute, publicly display, modify, translate, adapt, or create derivative works from our Services;
2. sell, rent, license, sublicense, or otherwise transfer or distribute our Services to any third party;
3. discover the source code or underlying components of the Services, algorithms, and systems of the Services, including by copying, reverse engineer, decompile, disassemble our Services, or interfere with or disrupt the Services or servers or networks connected to the Services;
4. upload or disseminate information on the Services that can be objectionable, including obscene, indecent and pornographic content.
5. extract data from our Services, crape or create databases from the Services; and
6. misrepresent the source of ownership of the Services, remove or modify any proprietary rights on or in the Services.

You acknowledge that our Services may require internet connection and that fees from your third party internet or data provider may apply.

3. RIGHTS TO AND OPERATION OF THE SERVICES

eChess and/or our suppliers and licensors retain all rights, title and interests in and to the Services, including the website, app, downloadable software, design and graphics.

We may update or modify the Services from time to time to improve functionality or for other reasons. We reserve the right to modify, terminate, not update or refuse to provide the Services at any time due to business considerations or due to circumstances that may have affected eChess. You acknowledge that this could lead to the Service being unavailable.

4. ACCEPTABLE USE AND YOUR CONTENT

4.1. Your Content

When you use our Services, you may display audio, video, text, images, or other material ("Your Content") on our Services. By displaying Your Content, you grant eChess a non-exclusive, worldwide, irrevocable, royalty-free, transferrable, sublicensable right to use, reproduce, adapt, amend, publish, translate and distribute Your Content.

You must hold all necessary rights to Your Content and it must not infringe third parties rights. You are responsible for Your Content, including ensuring that Your Content does not violate any applicable law or regulations, intellectual property right of any third party, or these Terms.

4.2. Acceptable use and removal of content

eChess reserves the right to remove unacceptable Your Content from our Services without notice. This includes content that we deem to violate our Terms, other policies, laws or regulations, or for other reasons should be removed. We may also, at our sole discretion and without warning, notify relevant authorities about Your Content that may constitute a crime, delete user accounts or permanently ban users, including by preventing future registration.

If you find Your Content or other content that you believe is contrary to our Terms, other policies, relevant laws, regulations or for other reasons should be removed, we encourage you to contact us at [support@echess.com]. We ask that you include a copy of or reference to the relevant content, and the reason for why we should remove it.

Our Services include a video chat feature for a better gaming experience. You agree not to use the video chat in any way that may be contrary to these Terms, our Privacy Policy or applicable laws and regulations.

5. IN-GAME PURCHASES

5.1. Purchases

While the Services are provided free of charge, they contain options for in-game purchases. You confirm that such purchases may require real money and you authorise us to charge you through the payment mechanism used when making the in-game purchase. We may use a third-party service provider to process payments on your behalf.

By making an in-game purchase, you are provided with a limited, personal, non-transferrable, non-sublicensable, revocable and limited license to the purchased, for non-commercial use. eChess retains the right to manage, modify, eliminate and otherwise control all parts of the Services that are subject to in-game purchases. eChess has no liability in the event that we exercise any such rights.

5.2. Right of withdrawal

If you are a consumer based in the European Union or a member country of the European Economic Area (“EEA”), section 5.2 applies to you. You have a right of withdrawal for your in-game purchases without giving any reason until delivery of the relevant product has taken place. You acknowledge that this right is lost once the in-game purchase has been delivered to you.

Subject to mandatory legislation and the right to withdrawal, you acknowledge that eChess is not required to provide a refund for in-game purchases for any reason, and that you will not receive money or other compensation for unused in-game purchases, whether your right to use our Services ended voluntary or involuntary.

6. PRIVACY

Please see our Privacy Policy for more details about how we handle your privacy when you use our Services.

7. INDEMNITY, DISCLAIMER AND LIMITATIONS OF LIABILITY

7.1. Indemnity

You will defend, indemnify, and hold harmless eChess from and against any liabilities, costs, demands, causes of action, losses, damages, and expenses (including attorneys’ fees) arising in any way related to your (i) breach of any of the provisions of these Terms, (ii) use or misuse of the Services and/or (iii) violation of applicable law.

7.2. Disclaimer: Services provided "as is"

Our Services are provided "as is" and eChess makes no warranties of any kind, including regarding merchantability and fitness for a particular purpose, non-infringement or title related to the Services and the materials contained on the Services. Moreover, eChess does not warrant that the Services will be uninterrupted, accurate or error free, or that any content will be secured or not lost or altered.

7.3. Limitation of liability

In no event shall eChess, its officers, directors, and employees, be liable for any kind of loss, injury, claim, or damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of or in any way connected with your use of our Services. This includes any indirect, consequential, or special liability arising out of or in any way related to your use of the Services.

You are responsible for ensuring that your use of the Services comply with these Terms, applicable laws and regulations, and does not violate the rights of any third party, including intellectual property rights. You assume all liability for any claims filed against you, including damages related to your use of the Services.

eChess shall not be liable for any losses, injuries, claims, or damages from your violation or breach of the Terms.

8. THIRD PARTY SERVICES

The Services may include links to third party services and/or third party services may be made available to you in our Services, including but not limited to Google and Stripe. Any such third party service is subject to respective third party terms and conditions.

9. ASSIGNMENT

eChess may assign, transfer, and/or subcontract its rights and/or obligations under these Terms without any notification. Further, eChess may transfer customers without notifying, including other service providers.

You may not assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

10. TERM AND TERMINATION

The term of the license and right to use in section 2.2 and 2.3 commences on the date that you download, install, use or access our Services. The term ends on the earlier date of either your discontinuance of the Services or our termination of these Terms. In addition, eChess may terminate your license and right to use the Services, and/or remove your account, at any time, for any reason, solely at 'eChess' discretion. You may contact us at support@echess.com for the details regarding why we have chosen to terminate your right to use the Services, and/or remove your account.

Upon termination, you must cease all use of the Services and delete all copies of the software in your possession or control. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, our rights to the Services, disclaimers, indemnity and limitations of liability.

11. GENERAL TERMS

11.1. Modification of Terms

If any provisions of these Terms are found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

eChess may amend these Terms at any time as it sees fit. If materially amened, eChess will providing a notification on the Services (app, website or both). By using our Services, we expect you to review these Terms on a regular basis.

11.2. Feedback

eChess welcomes your feedback and suggestions for improvements of our Services ("Feedback"). If you provide Feedback, eChess may use it without any restrictions or compensation to you.

11.3. Entire agreement

These Terms constitute the entire agreement between eChess and you in relation to your use of the Services and supersede all prior agreements and understandings.

12. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of Norway and all claims arising out of or relating to these Terms be brought before the Oslo District Court.

13. CONTACT INFORMATION

If you have any feedback, complaints or questions about these Terms, please contact us at support@echess.com.

14. ADDITIONAL TERMS FOR APPLE USERS

You acknowledge that these Terms are concluded between eChess and you only, and not with Apple, and that eChess are solely responsible for the Services and the content herein. The license granted to you under these Terms is subject to the permitted usage rules specified in the Apple App Store Terms of Service.

Further, you acknowledge that: (i) eChess is solely responsible for providing any maintenance and support services with respect to the Services and that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the same, ii) eChess is responsible for addressing any claims from you or any third party relating to the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection, privacy, or similar legislation, and (iv) eChess, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the Services.

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Apple and its subsidiaries are third-party beneficiaries to these Terms and you agree that Apple has the right to enforce these Terms against you as a third-party beneficiary.