ChessBrain Terms of Service

Last Updated: February 4, 2025

1. Acceptance of Terms

By accessing or using ChessBrain, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. Your continued use of the Services constitutes acceptance of any changes or updates to these Terms.

To enter into this Agreement, use the Services, and/or create an account with us, you must be at least 13 years of age. If you are not of legal age in your jurisdiction but are at least 13 years of age, then your parent or legal guardian must consent to this Agreement on your behalf prior to your use of the Services, and you may only use the Services with such consent and involvement. In using our Services or creating an account, you are affirming that you meet these requirements, and we are permitted to reasonably rely on that representation.

2. Description of Services

ChessBrain is a web-based platform designed to enhance your positional and tactical play through interactive studies based on grandmaster games. Users are presented with positions from professional games and are challenged to find the best moves for both sides. Once users submit their moves, they can access detailed expert annotations that explain the reasoning behind the moves and strategies used by the grandmasters, alongside in-depth engine analysis and alternative variations, which are also thoroughly annotated and explained in an easy-to-understand manner. This allows users to compare their choices with those of grandmasters and engine suggestions, and learn from them. ChessBrain helps players of all levels improve their tactical and positional understanding with expert insights. Premium members enjoy unlimited access to studies, an ad-free experience, and additional features. The features, content and availability of ChessBrain may change over time. We reserve the right to modify or discontinue the Services (or any part thereof) at any time without notice.

3. Account Registration and Security

  • Account Creation: To access certain features of ChessBrain, you must create an account. You agree to provide accurate, current, and complete information during registration.
  • Security: You are responsible for safeguarding your account credentials. You agree to notify us immediately if you suspect any unauthorized use of your account.
  • Account Termination: We reserve the right to suspend or terminate your account at our sole discretion if you violate these Terms or engage in harmful or illegal activities.

4. Payment, Subscriptions, and Refunds

  • Subscription Services: ChessBrain offers a paid subscription. By subscribing, you agree to pay the applicable fees and taxes.
  • Billing: Payment processing is handled by a third-party provider (Stripe). ChessBrain does not store credit card information.
  • Fee Changes: Subscription fees may change over time, and all fee changes will be communicated with reasonable notice. Continued use of the subscription services after such changes constitutes acceptance of the new fees.
  • Refunds: Subscription fees are non-refundable except as required by law or are granted only in cases of accidental duplicate charges or billing errors. If you believe you were charged incorrectly, please contact support within 7 days. You can contact support at: chessbrainhelp@gmail.com

5. User Conduct

You agree that you will not:

  • Use the Services for any unlawful purpose or in violation of any local, state, national, or international law.
  • Interfere with or disrupt the operation of the Services or the servers or networks connected to the Services.
  • Engage in any activity that could harm ChessBrain, its users, or third parties (including but not limited to hacking, spamming, or transmitting malware).
  • Impersonate any person or entity or falsely represent your affiliation with any person or entity.

Failure to comply with these obligations may result in immediate suspension or termination of your access to the Services, as well as the involvement of legal counsel.

6. Intellectual Property

  • Ownership: All content and materials available on ChessBrain, including but not limited to text, PGN files, annotations, graphics, logos, and software, are the property of ChessBrain or its licensors and are protected by applicable intellectual property laws. Nothing in these terms grants any rights to use the previously mentioned content and materials without express permission.
  • Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use, subject to these Terms.
  • Restrictions: You may not reproduce, distribute, modify, or create derivative works of any content from ChessBrain without our express written permission.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHESSBRAIN DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY,
  • FITNESS FOR A PARTICULAR PURPOSE,
  • TITLE, AND
  • NON-INFRINGEMENT.

We do not guarantee that the Services will be uninterrupted, error-free, or completely secure. Your use of the Services is at your own risk.

8. Limitation of Liability

IN NO EVENT SHALL CHESSBRAIN, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE SIX (6) MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.

9. Indemnification

You agree to indemnify and hold harmless ChessBrain and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.

10. Wireless Features

We may offer certain features and services that are available to you via your wireless Internet Device (collectively, Wireless Features). Your carrier may charge standard messaging, data, and other fees, which may appear on your wireless bill or be deducted from your prepaid balance. Your carrier may prohibit or restrict certain Wireless Features, and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Internet Device regarding us or other parties. If you have registered via the Services for Wireless Features, then you agree to notify us of any changes to your wireless number (including phone number) and update your Account to reflect the changes.

11. Governing Law and Dispute Resolution

  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada, without regard to its conflict of laws principles.
  • Dispute Resolution: Any disputes arising from or relating to these Terms or the Services shall be resolved first through amicable negotiations. If unresolved, the dispute shall be submitted to the courts of London, Ontario, which shall have exclusive jurisdiction.

12. Infringement, Data Retention, and Right to Erasure

If you have infringed the terms of this agreement, you will lose the right to the erasure of personal data in the case where said erasure would make it difficult to prevent future infringements, in order to protect the legitimate interests of ChessBrain and its users. In the case where the erasure of data is suspended due to evidence of infringement or fraud, the affected user will be notified, unless prohibited by law.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting an updated version on our website and updating the “Last Updated” date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

14. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, if you breach these Terms or if we decide to discontinue the Services. Upon termination, your right to use the Services will cease immediately, termination of the account does not relieve you of obligations incurred prior to termination.

15. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at:
Email: chessbrainhelp@gmail.com

This Terms of Service is effective as of the date stated above. Please review it periodically for any changes.