Terms of Use

Last Updated: April 5, 2025

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the Big Chess mobile application (the "App") operated by Big Chess ("us", "we", or "our").

Your access to and use of the App is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the App.

By accessing or using the App, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the App.

1. Use of the App

1.1 Eligibility

You must be at least 13 years old to use the App. By using the App, you represent and warrant that you are at least 13 years old and that your use of the App does not violate any applicable laws or regulations.

1.2 User Accounts

When you create an account with us, you guarantee that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the App.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password.

1.3 Acceptable Use

You agree not to use the App:

• In any way that violates any applicable national or international law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App or expose them to liability.

2. Intellectual Property

2.1 App Content

The App and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Big Chess and its licensors. The App is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Big Chess.

2.2 User Content

You may provide content to the App, including but not limited to text, files, images, and communications with other users ("User Content"). By providing User Content to the App, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in connection with the App.

You represent and warrant that your User Content does not violate copyright, trademark, or other intellectual property rights of any third party. You are solely responsible for your User Content and the consequences of posting or publishing it.

3. Purchases

If you wish to purchase any product or service made available through the App ("Purchase"), you may be asked to supply certain information relevant to your Purchase including your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The App may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

4. Modifications to the App

Big Chess reserves the right to modify or discontinue, temporarily or permanently, the App or any features or portions thereof without prior notice. You agree that Big Chess will not be liable to you or to any third party for any modification, suspension, or discontinuance of the App or any part thereof.

5. Termination

We may terminate or suspend your account and bar access to the App immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the App or delete your account through the App settings.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

6. Disclaimer

Your use of the App is at your sole risk. The App is provided on an "AS IS" and "AS AVAILABLE" basis. The App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

7. Limitation of Liability

In no event shall Big Chess, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App; (ii) any conduct or content of any third party on the App; (iii) any content obtained from the App; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

8. Indemnification

You agree to defend, indemnify, and hold harmless Big Chess and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (i) your use and access of the App, (ii) your violation of any term of these Terms, or (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the App.

11. Contact Us

If you have any questions about these Terms, please contact us at: hello@bigchessgame.com