SUPERCHESSMACHINE™ — Terms of Service (User Agreement)
These Terms of Service (the “Terms” or “Agreement”) are a legally binding contract between you and Bhargava Systems LLC (“Bhargava Systems,” “we,” “us,” “our”) governing your access to and use of SUPERCHESSMACHINE™ (the “Service”), including our website, apps, and any related features, content, or services (collectively, the “Services”).
PLEASE READ CAREFULLY.
SECTION 13 (DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER) requires most disputes to be resolved by binding arbitration (not in court), and includes a class action waiver. It also explains how to opt out.
By accessing or using the Services, creating an account, or purchasing a subscription, you agree to these Terms. If you do not agree, do not use the Services.
1) Accounts and Access
A. Account Creation
Some parts of the Services are available without an account. Other parts require an account.
You may create an account using:
- email and password, or
- Google sign-in.
You agree to provide accurate information and keep it updated.
B. Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly of unauthorized access.
C. One Person, One Account
Your account is for your personal use and is not transferable. You may not sell, lease, share, or assign your account.
2) Subscriptions, Billing, and Payments
A. Payments
We use Stripe to process payments. We do not store full payment card details.
B. Auto-Renewal
If you purchase a subscription, you authorize us (through Stripe) to automatically renew and charge your payment method at the start of each renewal period unless you cancel renewal before it renews.
C. Cancellation
You can cancel renewal at any time through your account settings (if available) or by contacting support. Cancellation stops future renewals; you will retain access until the end of the then-current paid period.
D. Refunds
Unless required by law, subscription fees are non-refundable and we do not provide prorated refunds or credits for partial periods.
E. Taxes
You are responsible for any applicable taxes unless we state otherwise.
3) Privacy
Our Privacy Policy explains how we collect, use, and share information. By using the Services, you agree to our privacy practices.
4) User Content (PGNs and Uploads)
A. Your Content
The Services allow you to upload and store chess games (including PGN) and other files (“User Content”). You retain ownership of your User Content.
B. License You Grant Us
To operate the Services, you grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display your User Content only as needed to provide and improve the Services and to maintain security, backups, and reliability.
This license ends when you delete your User Content or your account, except that:
- content may remain in backups for a limited period, and
- we may retain limited records as required by law or for legitimate business purposes (e.g., fraud prevention, billing records).
C. Privacy of User Content
We do not publish your User Content to the public by default. Your content is intended to remain private within your account (and any sharing features we explicitly provide and you intentionally use).
D. You’re Responsible for What You Upload
You represent and warrant that you have the rights needed to upload your User Content and that it does not violate these Terms or any law.
5) Acceptable Use Rules
You agree not to use the Services to:
- break the law or encourage illegal activity;
- harass, threaten, defame, or abuse others;
- attempt to gain unauthorized access to accounts, systems, or data;
- upload malware or harmful code;
- scrape, crawl, or use automated systems to access the Services in a way that harms performance or violates restrictions;
- reverse engineer, decompile, or attempt to extract source code except where permitted by law;
- interfere with or disrupt the Services (including by flooding, load testing without permission, or bypassing rate limits);
- use the Services to infringe intellectual property rights;
- impersonate another person or misrepresent your affiliation.
We may enforce these rules at our discretion to protect the Services and users.
6) Fair Play and Integrity (Chess Use)
If the Services include gameplay, analysis, tournaments, ratings, or training features, you agree to use them fairly. You may not manipulate results, abuse reporting systems, or use prohibited automation in contexts where it is disallowed by the feature or rules presented in the product.
We may restrict, suspend, or terminate accounts involved in abuse, cheating, or manipulation.
7) Intellectual Property
A. Our IP
The Services, including our software, designs, logos, trademarks, and content (excluding User Content) are owned by Bhargava Systems or our licensors and are protected by intellectual property laws.
B. Limited License to You
We grant you a personal, limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use, so long as you follow these Terms.
You may not copy, modify, distribute, sell, or lease any part of the Services or included content unless we expressly allow it.
8) Third-Party Services
The Services may integrate with third parties (e.g., Google sign-in and Stripe). Your use of those services is governed by their own terms and policies, and we are not responsible for third-party services.
9) Communications
You consent to receive service-related communications (e.g., account, security, and billing notices) via email. We may send operational emails using our email infrastructure (including libraries such as SMTP tooling).
10) Termination
A. By You
You may stop using the Services at any time. You may request account deletion by emailing [email protected].
B. By Us
We may suspend or terminate your access (with or without notice) if we believe:
- you violated these Terms,
- your use creates risk or legal exposure,
- you are abusing or harming the Services or others, or
- we must do so to comply with law.
Termination may include loss of access to your account and User Content. Where feasible, we will act reasonably and proportionately.
11) Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee that the Services will be uninterrupted, error-free, secure, or always available.
12) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.
- OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR $50 IF YOU PAID NOTHING), WHICHEVER IS GREATER.
Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
13) Dispute Resolution; Arbitration; Class Action Waiver
A. Informal Resolution First
Before filing a claim, you agree to contact us and try to resolve the dispute informally for at least 30 days by emailing [email protected] with:
- your name and account email,
- a description of the dispute, and
- the resolution you’re seeking.
B. Binding Arbitration
If a dispute is not resolved informally, you and Bhargava Systems agree to resolve most disputes through binding arbitration on an individual basis, rather than in court.
This arbitration agreement is governed by the Federal Arbitration Act (FAA).
C. Exceptions
Either party may bring:
- individual claims in small claims court if eligible, or
- claims for injunctive or equitable relief related to intellectual property or unauthorized access to the Services.
D. No Class Actions
You and Bhargava Systems agree that disputes will be brought only on an individual basis. You waive any right to participate in a class action, class arbitration, or representative proceeding.
E. Arbitration Procedure
Arbitration will be administered by a recognized arbitration provider (such as AAA or JAMS) under its consumer rules, unless the parties agree otherwise. The arbitration may be conducted virtually.
F. Opt-Out
You can opt out of arbitration by sending an email to [email protected] within 30 days of first accepting these Terms with the subject line: “Arbitration Opt-Out” and including:
- your full name,
- the email associated with your account, and
- a clear statement that you opt out of arbitration.
Opting out does not affect any other part of these Terms.
14) Governing Law and Venue
These Terms are governed by the laws of the State of Indiana, excluding its conflict-of-law rules, except where federal law applies (including the FAA for arbitration).
If a dispute is permitted to proceed in court (for example, small claims or an arbitration exception), you agree to venue in the appropriate state or federal courts located in Indiana, unless a law in your jurisdiction requires otherwise.
15) Changes to These Terms
We may update these Terms from time to time. The “Last updated” date will reflect the latest version. By continuing to use the Services after changes take effect, you agree to the updated Terms.
16) Contact
Bhargava Systems LLC
Email: [email protected]
Support: https://superchessmachine.com/support.html