Terms of Service

Effective Date: July 25, 2021

Binding Agreement. This is a binding contract ("Terms") between you and Chessn'it, which is wholly owned and operated by Pythus Data LLC ("we," "us," "our," "Chessn'it", "Pythus Data LLC"). These Terms apply whenever you use any of the sites, apps, products, or services ("Services") we offer, in existence now to created in the future. Further, we may automatically upgrade our Services, and these Terms will apply to such upgrades. By accessing or using the Services, you agree to be bound by these Terms. If you use our services on behalf of an organization, you agree to these terms on behalf of that organization. If you do not agree to these Terms, you may not use the Services.

Privacy. See our Privacy Policy below for details on how we collect, store, and share user information.

Age Restrictions. The Services are not intended for users who are under the age of 13. In order to create an account for the Services, you must be 13 years of age or older. By registering, you represent and warrant that you are 13 years of age or older. If children between the ages of 13 and 18 wish to use the Services, they must be registered by their parent or guardian.

Your Content and Permissions. Chessn'it allows you to share just about anything ("Your Content"). Your Content is yours. Chessn'it does not claim any right, title, or interest in Your Content.

You grant us a non-exclusive, worldwide, royalty free license to do the things we need to do to provide the Services, including but not limited to storing, displaying, reproducing, and distributing Your Content. This license extends to trusted third parties we work with.

Content Guidelines. You are fully responsible for Your Content. You may not copy, upload, download, or share Your Content unless you have the appropriate rights to do so. It is your responsibility to ensure that Your Content abides by applicable laws and these Terms. We don't actively review Your Content.

Account Security. You are responsible for safeguarding your password to the Services, making sure that others don't have access to it, and keeping your account information current. You must immediately notify Chessn'it of any unauthorized uses of your account or any other breaches of security. Chessn'it will not be liable for your acts or omissions, including any damages of any kind incurred as a result of your acts or omissions.

Changes to these Terms. We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know, for example by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using Chessn'it within the designated notice period. Your continued use of Chessn'it will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

DMCA Policy. We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that the content on Chessn'it infringes your copyrights, you can notify us by emailing dmca@chessnit.com. We have a policy of terminating the accounts of users deemed to be repeat infringers, in accordance with our policies. We encourage users to file a counter-notification with support@chessnit.com in cases where the claim of infringement is fraudulent or invalid.

Our Intellectual Property: The Services and all materials contained therein, including, without limitation, Chessn'it logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Chessn'it Materials") are the property of Chessn'it or its licensors or users or the public domain and are protected by U.S. and international intellectual property laws. You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use Chessn'it Materials in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Services.

Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Chessn'it or third-party trademarks.

Termination. You are free to stop using the Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you fail to comply with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services, or disrupt others' use of the Services.

Disclaimer of Warranties. We makes no warranties of any kind with respect to Chessn'it or your use of the Services.

Limitation of Liability. We shall not have any liability for any indirect, incidental, consequential, special, exemplary, or damages under any theory of liability arising out of, or relating to, these Terms or your use of Chessn'it. As a condition of access to Chessn'it, you understand and agree that our liability shall not exceed $1.

Indemnification. You will indemnify, defend, and hold Pythus Data LLC, its subsidiaries, affiliates, officers, and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys' fees) brought by a third party arising out of or in connection with: (i) any act or omission by you, in connection with your use of Chessn'it or (ii) your breach or alleged breach of any of these Terms. We may, at its option, elect to take over control of the defense and settlement of a claim subject to indemnification. You agree not to settle any such claim without the prior written consent of us.

Arbitration Agreement. We both agree to resolve any disputes arising out of these Terms or your use of Chessn'it through final and binding arbitration. Arbitration is a less formal procedure than a lawsuit in court, with the goal of resolving disputes more quickly. We both agree to waive our rights to have our claims decided by a judge or jury. Instead, the arbitration shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with the Rules. The arbitration will be held in Clark County Nevada, and shall be conducted in the English language. The arbitrators' decision may be enforced in any court of competent jurisdiction. The prevailing party shall be entitled to costs and attorneys' fees.

No Class Actions. You may resolve disputes with us only on an individual basis; you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.

Governing Law. You agree that these Terms, and your use of Chessn'it, are governed by Nevada law, in the United States of America, without regard to its principles of conflicts of law.

Privacy Policy

Information We Collect

We only collect information about you if we have a reason to do so — for example, to provide our Services, to communicate with you, or to make our Services better. We collect this information from three sources: if and when you provide information to us, automatically through operating our Services, and from outside sources. Let’s go over the information that we collect.

Information You Provide to Us

It’s probably no surprise that we collect information that you provide to us directly. Here are some examples:

Basic account information: We ask for basic information from you in order to set up your account. For example, we require individuals who sign up for a account to provide an email address and password. You may provide us with more information — like your address and other information you want to share .
Public profile information: If you have an account with us, we collect the information that you provide for your public profile.
Payment and contact information: If you buy something from us, we’ll collect information to process those payments and contact you.
Communications with us: You may also provide us with information when you respond to surveys, communicate with our Happiness Engineers about a support question, post a question in our public forums, or sign up for a newsletter. When you communicate with us via form, email, phone, or otherwise, we store a copy of our communications.

Information We Collect Automatically

We also collect some information automatically:

Log information: Like most online service providers, we collect information that web browsers, mobile devices, and servers typically make available, including the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. We collect log information when you use our Services.
Usage information: We collect information about your usage of our Services. For example: we collect information about what happens when you use our Services (e.g., page views, certain link clicks, and other parts of our Services) along with information about your device (e.g., screen size, name of cellular network, and mobile device manufacturer). We use this information to, for example, provide our Services to you, get insights on how people use our Services so we can make our Services better, and understand and make predictions about user retention.
Location information: We may determine the approximate location of your device from your IP address. Generally this is limited to the city or metro area you are coming from. We collect and use this information to, for example, calculate how many people visit our Services from certain geographic regions.

How and Why We Use Information

Purposes for Using Information

We use information about you for the purposes listed below:

To provide our Services. For example, to set up and maintain your account, provide customer service, process payments and orders, and verify user information.
To ensure quality, maintain safety, and improve our Services. For example, by providing automatic upgrades and new versions of our Services. Or, for example, by monitoring and analyzing how users interact with our Services so we can create new features that we think our users will enjoy and that will help them enjoy chess more or make our Services easier to use.
To place and manage ads in our advertising program. For example, to place ads on our users’ sites and some of our own sites as part of our advertising program, and understand ad performance.
To market our Services and measure, gauge, and improve the effectiveness of our marketing. For example, by targeting our marketing messages to groups of our users (like those who have a particular plan with us or have been users for a certain length of time), advertising our Services, analyzing the results of our marketing campaigns (like how many people purchased a paid plan after receiving a marketing message), and understanding and forecasting user retention.
To protect our Services, our users, and the public. For example, by detecting security incidents; detecting and protecting against malicious, deceptive, fraudulent, or illegal activity; fighting spam; complying with our legal obligations; and protecting the rights and property of us and others, which may result in us, for example, declining a transaction or terminating Services.
To fix problems with our Services. For example, by monitoring, debugging, repairing, and preventing issues.
To customize the user experience.
To communicate with you. For example, by emailing you to ask for your feedback, share tips for getting the most out of our products, or keep you up to date; texting you to verify your payment; or calling you to share offers and promotions that we think will be of interest to you. If you don’t want to hear from us, you can opt out of marketing communications at any time. (If you opt out, we’ll still send you important updates relating to your account.)

Legal Bases for Collecting and Using Information

A note here for those in the European Union about our legal grounds for processing information about you under EU data protection laws, which is that our use of your information is based on the grounds that: (1) The use is necessary in order to fulfill our commitments to you under the applicable terms of service or other agreements with you or is necessary to administer your account — for example, in order to enable access to our website on your device or charge you for a paid plan; or (2) The use is necessary for compliance with a legal obligation; or (3) The use is necessary in order to protect your vital interests or those of another person; or (4) We have a legitimate interest in using your information — for example, to provide and update our Services; to improve our Services so that we can offer you an even better user experience; to safeguard our Services; to communicate with you; to measure, gauge, and improve the effectiveness of our advertising; and to understand our user retention and attrition; to monitor and prevent any problems with our Services; and to personalize your experience

We share information about you in limited circumstances, and with appropriate safeguards on your privacy.

Subsidiaries and independent contractors: We may disclose information about you to our subsidiaries and independent contractors who need the information to help us provide our Services or process the information on our behalf. We require our subsidiaries and independent contractors to follow this Privacy Policy for any personal information that we share with them.
Third-party vendors: We may share information about you with third-party vendors who need the information in order to provide their services to us, or to provide their services to you or your site. This includes vendors that help us provide our Services to you (like Stripe, cloud storage services, postal and email delivery services that help us stay in touch with you, customer chat and email support services that help us communicate with you those that assist us with our marketing efforts (e.g., by providing tools for identifying a specific marketing target group or improving our marketing campaigns, and by placing ads to market our services); those that help us understand and enhance our Services (like analytics providers); those that make tools to help us run our operations (like programs that help us with task management, scheduling, word processing, email and other communications, and collaboration among our teams); other third-party tools that help us manage operations. We require vendors to agree to privacy commitments in order to share information with them.
Legal and regulatory requirements: We may disclose information about you in response to a subpoena, court order, or other governmental request.
To protect rights, property, and others: We may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of us, third parties, or the public at large. For example, if we have a good faith belief that there is an imminent danger of death or serious physical injury, we may disclose information related to the emergency without delay.
Business transfers: In connection with any merger, sale of company assets, or acquisition of all or a portion of our business by another company, or in the unlikely event that we goes out of business or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. If any of these events were to happen, this Privacy Policy would continue to apply to your information and the party receiving your information may continue to use your information, but only consistent with this Privacy Policy.
With your consent: We may share and disclose information with your consent or at your direction. For example, we may share your information with third parties when you authorize us to do so.
Aggregated or de-identified information: We may share information that has been aggregated or de-identified, so that it can no longer reasonably be used to identify you. For instance, we may publish aggregate statistics about the use of our Services, or share a hashed version of your email address to facilitate customized ad campaigns on other platforms.
Published support requests: If you send us a request for assistance (for example, via a support email or one of our other feedback mechanisms), we reserve the right to publish that request in order to clarify or respond to your request, or to help us support other users.

Information Shared Publicly

Information that you choose to make public is — you guessed it — disclosed publicly.

How Long We Keep Information

We generally discard information about you when it’s no longer needed for the purposes for which we collect and use it — described in the section above on How and Why We Use Information — and we’re not legally required to keep it.

Security

While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so. We monitor our Services for potential vulnerabilities and attacks.

Your Rights

If you are located in certain parts of the world, including the USA and countries that fall under the scope of the European General Data Protection Regulation (aka the “GDPR”), you may have certain rights regarding your personal information, like the right to request access to or deletion of your data.

If you are located in a country that falls under the scope of the GDPR, data protection laws give you certain rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:

Request access to your personal data;
Request correction or deletion of your personal data;
Object to our use and processing of your personal data;
Request that we limit our use and processing of your personal data; and
Request portability of your personal data.

You also have the right to make a complaint to a government supervisory authority.

California Consumer Privacy Act (CCPA)

The California Consumer Privacy Act (“CCPA”) requires us to provide California residents with some additional information about the categories of personal information we collect and share, where we get that personal information, and how and why we use it. The CCPA also requires us to provide a list of the “categories” of personal information we collect, as that term is defined in the law, so, here it is. In the last 12 months, we collected the following categories of personal information from California residents, depending on the Services used:

Identifiers (like your name, contact information, and device and online identifiers);
Commercial information (your billing information and purchase history, for example);
Characteristics protected by law (for example, you might provide your gender as part of a research survey for us);
Internet or other electronic network activity information (such as your usage of our Services, like your score on puzzles you solve or puzzles you view);
Geolocation data (such as your location based on your IP address);
Inferences we make (such as likelihood of retention or attrition).

And we share this information with the third parties the such as our web hosting company for them to provide hosting services to us. If you are a California resident, you have additional rights under the CCPA, subject to any exemptions provided by the law, including the right to:

Request to know the categories of personal information we collect, the categories of business or commercial purpose for collecting and using it, the categories of sources from which the information came, the categories of third parties we share it with, and the specific pieces of information we collect about you;
Request deletion of personal information we collect or maintain;
Opt out of any sale of personal information; and
Not receive discriminatory treatment for exercising your rights under the CCPA.

The CCPA & Personalized Advertising in Our Ads Program

Our mission is to democratize publishing and commerce, and that means making our Services accessible to as many people as possible. We show ads on some of our users’ sites as well as some of our own sites, and the revenue these ads generate lets us offer free access to some of our Services so that money doesn’t become an obstacle to having a voice. Our ads program also allows our users to earn revenue to support and grow their own sites. As part of our advertising program, we and our users do use cookies to share certain device identifiers and information about your browsing activities with our advertising partners, and those advertising partners may use that information to show you personalized ads on some of our users’ sites and some of our own. The personal information we share includes online identifiers; internet or other network or device activity (such as cookie information, other device identifiers, and IP address); and geolocation data (approximate location information from your IP address). These disclosures may be considered a “sale” of information under the CCPA. We do not sell (or share) information through our ads program that identifies you personally, like your name or contact information. We don't knowingly sell personal information of those under 16. Learn how you can opt please email us at support@chessnit.com

Contacting Us About These Rights

You can usually access, correct, or delete your personal data using your account settings and tools that we offer, but if you aren’t able to or you’d like to contact us about one of the other rights, support@chessnit.com to, well, find out how to reach us. When you contact us about one of your rights under this section, we’ll need to verify that you are the right person before we disclose or delete anything. For example, if you are a user, we will need you to contact us from the email address associated with your account. You can also designate an authorized agent to make a request on your behalf by giving us written authorization. We may still require you to verify your identity with us.

Controllers and Responsible Companies

Pythus Data LLC, 5455 S Fort Apache Rd, #108-127, Las Vegas, NV 89148-6416

How to Reach Us

If you have a question about this Privacy Policy, you don't live in California or the EU but still want your data deleted, or you would like to contact us about any of the rights mentioned in the Your Rights section above, please contact us via email.

Other Things You Should Know (Keep Reading!)

Transferring Information

Because our Services are offered worldwide, the information about you that we process when you use the Services in the EU may be used, stored, and/or accessed by individuals operating outside the European Economic Area (EEA) who work for us, other members of our group of companies, or third-party data processors. This is required for the purposes listed above. When providing information about you to entities outside the EEA, we will take appropriate measures to ensure that the recipient protects your personal information adequately in accordance with this Privacy Policy as required by applicable law. These measures include entering into European Commission approved standard contractual arrangements with entities based in countries outside the EEA. You can ask us for more information about the steps we take to protect your personal information when transferring it from the EU.

Privacy Policy Changes

Although most changes are likely to be minor, we may change its Privacy Policy from time to time. We encourage visitors to frequently check this page for any changes to its Privacy Policy. If we make changes, we will notify you by revising the change log below, and, in some cases, we may provide additional notice (like adding a statement to our homepage or sending you a notification through email or your dashboard). Your further use of the Services after a change to our Privacy Policy will be subject to the updated policy.