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Terms and Conditions

Terms and Conditions of ChessDB.cz

Last updated: November 16, 2024
Operator: Dominik Klapuch, ID No.: 19782926, Hlučínská 271/23, Opava, 747 05

Important: These Terms and Conditions govern the use of the ChessDB.cz application, including subscriptions, ChessDB AI, and ChessDB Cloud.
1 Definitions
  1. "Operator" is Dominik Klapuch, ID No.: 19782926, registered office at Hlučínská 271/23, Opava, 747 05.
  2. "Application" refers to the web application titled ChessDB, whose primary functionality includes a chess game database, available at the internet address https://en.chessdb.cz/.
  3. "T&Cs" refers to these General Terms and Conditions.
  4. "Contract" means the agreement concluded between the User and the Operator, the subject of which is the provision of a License to use the Application to the User under the terms set out in these T&Cs.
  5. "License" means a non-exclusive license to use the Application under the terms set out in these T&Cs.
  6. "User" means any legal entity or natural person, other than the Operator, who uses the Application.
  7. "User Account" means a non-public part of the Application accessible to the User after entering Login Credentials.
  8. "Login Credentials" mean a unique combination of the User's login name and a password chosen by the User, which the User saves in the Application database when creating a User Account via the Application and/or automatically generated for the User by the Application. Passwords in the application are automatically encrypted and the Operator does not have access to them.
2 Contract Formation Process
  1. Displaying the "Register" button in the Application's user environment constitutes a proposal to conclude the Contract by the Operator.
  2. Completing the registration constitutes an unconditional acceptance of the proposal to conclude the Contract by the User; by this act, the Contract is concluded and agreement with these T&Cs is expressed.
  3. By concluding the Contract, the following provisions of these T&Cs become effective.
3 Use of the Application and Subscription
  1. The Operator grants the User a License within the scope and under the conditions specified in the Application's user environment, particularly as stated for the specific type of User Account.
  2. The User may choose one of three subscription plans: PREMIUM LITE, PREMIUM, or AI PREMIUM. Details regarding prices and features of individual plans are available at https://en.chessdb.cz/cenik.
  3. Subscriptions are paid via the Stripe payment gateway in the form of recurring monthly payments. The payment is automatically deducted from the User's payment card until the subscription is canceled.
  4. The User may terminate the subscription at any time in their User Account by clicking the "Cancel Subscription" button or via customer support at info@dominikklapuch.cz.
  5. After the subscription is terminated, the premium account remains active until the end of the already paid period; thereafter, access to premium features and benefits will be canceled.
  6. All financial payments made through the Application are considered paid upon the crediting of the full respective amount to the Operator's relevant bank account.
  7. AI PREMIUM plan users have access to ChessDB AI functionality. The Operator reserves the right to limit or temporarily suspend a User's access to ChessDB AI at any time in case of suspected abuse of the service or upon exceeding the limit of 50 requests to ChessDB AI per day. All subscription TRIALS can be used only once; otherwise, the standard fee may be charged.
  8. A User who returns to the free plan after the end of an AI PREMIUM trial period acknowledges that, if they use the ChessDB AI feature, they may be charged an additional fee of 5 CZK for each performed AI analysis. This fee is introduced due to the high load on AI servers.
  9. The User acknowledges that ChessDB AI functionality utilizes third-party artificial intelligence models and its outputs are for informational and advisory purposes. The Operator does not guarantee the accuracy, completeness, or suitability of ChessDB AI outputs for any specific use.
  10. The Operator reserves the right to change the limits, prices, availability, or scope of ChessDB AI functionality, even within existing plans, particularly due to changes in third-party AI service pricing, technical limitations, or system protection against abuse.
  11. The User is required to protect their login credentials and must not share them with other persons. In case of suspected abuse, they are required to inform the Operator immediately.
  12. A User who purchases a subscription at a discounted price during a time-limited promotional event acknowledges that after the first billing period, the subscription automatically renews at the standard price for that plan valid on the date of renewal, as stated at https://en.chessdb.cz/cenik, unless the User cancels the subscription in advance in accordance with this article.
  13. In the event that the subscription was arranged as part of a promotional event, the User will be informed of the upcoming renewal at the standard price no later than 7 (seven) days before the renewal date via an email sent to the email address provided in the User Account. The current subscription renewal price is also available to the User in their user profile.
  14. The User acknowledges that the trial period for individual plans can be used only once per User. In the event that a trial period is offered to a User repeatedly due to a technical error in the Application or another system failure, the User does not acquire a right to free use of the service. The User acknowledges that in such a case, the subscription will be considered standardly arranged and the corresponding amount will be automatically charged according to the current price list.
  15. The Operator reserves the right to limit, cancel, or individually refuse to provide a trial period, discount, or special offer to a User for whom there is reasonable suspicion of repeated trial abuse, creation of multiple accounts, or circumvention of pricing terms.
  16. The User must not use the Application in an automated manner (e.g., using bots, scripts, or other software) or otherwise excessively burden it unless they have explicit permission from the Operator.
  17. The Operator strives for maximum availability of the Application, but uninterrupted availability is not guaranteed. Short-term outages, system maintenance, or other technical problems may cause temporary limitation or interruption of services. The Operator is not liable for lost profits, loss of opportunity, rating points, tournament results, or any other indirect harm arising in connection with the use or temporary unavailability of the Application.
  18. The Operator reserves the right to perform maintenance or updates to the Application, which may cause temporary unavailability of the service. The User will be informed of planned downtime if technically feasible.
  19. Services provided within the Application are of a digital nature and access to them is provided immediately upon payment. For this reason, a refund cannot be requested unless explicitly stated otherwise or unless provided by law.
  20. The Operator is not responsible for the accuracy of data entered by users or for any consequences caused by the use of this data.
  21. The User is not entitled to transfer their contract, account, or any claims arising therefrom to a third party without the prior written consent of the Operator.
  22. The tax receipt for the subscription is available to the user after each payment via the User Account or upon request at the email address info@dominikklapuch.cz.
  23. The User acknowledges that by registering and using the Application, they give consent to receive transactional and informational emails, which may contain important information about their account, services, or news related to the Application. The User may refuse to receive marketing communications at any time (e.g., by unsubscribing in the email or upon request at info@dominikklapuch.cz).
  24. The User may request the deletion of their User Account at any time via the user interface or by email at info@dominikklapuch.cz.
  25. Deleting the User Account results in the irreversible removal of access to stored data, including saved games, analyses, notes, and other outputs, unless provided otherwise by law.
  26. The Operator is not responsible for loss of data resulting from the deletion of an account at the User's request.
4 Database
  1. The User does not have the right to extract the database associated with the Application via the Application in a machine-readable manner (especially using software bots).
  2. The User and the Operator hereby agree that any data entered by the User into the Application's database are parts of the database collected by the Operator and become part of the Operator's database, without the User acquiring any right to the Application's database by their action described in this paragraph.
  3. The contracting parties are aware of, unanimously declare, and make it undisputed that the Application meets the conditions of Section 562(2) of the Civil Code, i.e., that the data records in the Application and its database as an electronic system are reliable, performed systematically and sequentially, and are protected against changes.
  4. The User grants the Operator a non-exclusive, royalty-free, and time-unlimited license to use the content they insert into the Application for the purpose of operating, improving, and promoting the Application.
4A ChessDB Cloud
  1. ChessDB Cloud functionality allows the User to store chess games, analyses, and related data in cloud storage operated by the Operator. ChessDB Cloud is a paid feature available exclusively within selected subscription plans.
  2. All content uploaded by the User to ChessDB Cloud, including chess games, analyses, notes, and metadata, becomes the exclusive property of the Operator upon its storage in ChessDB Cloud.
  3. The User acknowledges that access to content stored in ChessDB Cloud is conditional upon an active subscription that includes this functionality. In the event of termination, expiration, or non-renewal of the subscription, the User loses access to the content stored in ChessDB Cloud.
  4. Upon the expiration of the subscription, the content stored in ChessDB Cloud remains retained for a period of 1 (one) calendar month from the date of subscription termination. If the User does not renew the subscription within this period, the Operator is entitled to irreversibly delete all content, without any claim by the User for compensation or restoration of data.
  5. The Operator is not responsible for the loss of content stored in ChessDB Cloud as a result of subscription non-renewal, technical limitations, system maintenance, or deletion of the User Account.
  6. The Operator reserves the right to change, limit, or terminate ChessDB Cloud functionality at any time, particularly for technical, security, or economic reasons.
5 Liability for Damage
  1. The provisions of this article of the T&Cs do not apply to consumers.
  2. The User hereby expressly waives the right to compensation for damage from the Operator caused unintentionally or not through gross negligence by the Operator's breach of any obligation of the Operator stated in the Contract in connection with the performance of the Contract or in these T&Cs.
6 Amendment of T&Cs
  1. The User acknowledges that the Operator concludes the Contract in the ordinary course of business with a larger number of persons, and the Contracts are, by their nature, long-term binding for repeated performances of the same type with reference to these T&Cs. The contracting parties make it undisputed that from the nature of the Operator's obligations under these T&Cs, a reasonable need for later amendment of these T&Cs follows and existed even before the conclusion of the Contract.
  2. The Operator may change these T&Cs to a reasonable extent. The change to the T&Cs will be announced to the User via an email message sent to the email address entered by the User into the Application. The User has the right to refuse the changes to the T&Cs and terminate the relevant commitment between them and the Operator for this reason within a notice period of one (1) calendar month, which begins on the day following the sending of the notification.
  3. In the event that a new Contract is concluded for an already existing User Account (i.e., renewal or extension of the User Account), such a Contract is governed by the T&Cs as amended on the day of conclusion of such a Contract.
7 Personal Data Protection
  1. The Operator is legally obliged to protect and secure the provided personal data. Therefore, the Operator uses various effective security technologies to protect personal data from unauthorized access or use.
  2. More detailed information on personal data protection can be found in the "Privacy Policy" here: https://en.chessdb.cz/?page_id=18128.
8 Mandatory Information for Consumers
  1. This article of the T&Cs is effective only towards a User who is a consumer. The provisions stated in this article of the T&Cs do not apply, in particular, to entrepreneurs – sole traders or business companies.
  2. The Operator hereby informs the User that:
    • The address for delivery of correspondence to the Operator is identical to the address of the Operator's registered office stated above.
    • The Operator's telephone contact is +420 723 847 586.
    • The Operator's address for electronic mail delivery is info@dominikklapuch.cz.
    • The Operator's remuneration for the License is set including all taxes and fees, and its amount and/or method of calculation is set out in the Application.
    • The User is obliged to pay the Operator the remuneration for the License, unless the License is provided free of charge, in one of the ways specified for the respective option in the Application's user environment.
    • The User does not incur any delivery costs.
    • Use of the Application requires access to the Internet and a web browser: Google Chrome, Safari, Brave, or FireFox.
    • The User has the right to withdraw from the Contract without giving a reason and without any penalty within 72 hours of receiving the performance. Receipt of performance is understood as the provision of the License.
    • In relation to the Operator, the User incurs no costs for the use of remote communication means.
    • The current version of the Terms and Conditions is stored on the website database.klapuch.studio.
    • The User has the possibility to identify errors by checking in the User Account.
    • Correction of errors made during data entry can be done via contact info@dominikklapuch.cz; password changes are always at: https://en.chessdb.cz/wp-login.php?action=lostpassword.
    • The Operator complies with all applicable laws of the Czech Republic; no other codes are binding for the Operator.
    • The Operator uses means of out-of-court dispute resolution by agreement.
    • The subject of the Contract is not the delivery of goods, therefore the provisions of the Act on Complaints (warranty claims) do not apply to the Application; liability for obvious or hidden defects of the Application that the Application had at the time of its access to the User can be exercised against the Operator under the conditions set by law, the Contract, and these T&Cs.
    • The User is obliged to comply with these T&Cs, which are also part of the Contract, and the applicable and effective legal regulations of the Czech Republic.
    • The User may address a complaint to the supervisory or state surveillance authority. The Czech Trade Inspection Authority (ČOI) handles out-of-court consumer complaints in the manner and under the conditions set by relevant legal regulations.
9 Governing Law
  1. These T&Cs, as well as the Contract, are governed by the legal order of the Czech Republic, in particular, Act No. 89/2012 Coll., the Civil Code, as amended.
  2. Any disputes arising on the basis of the Contract and/or these T&Cs will be decided by the materially and locally competent courts of the Czech Republic.
10 Effectiveness
  1. These T&Cs become valid and effective on October 1, 2023.

If you have any questions, please contact us at info@dominikklapuch.cz.

Operator & Founder:

Dominik Klapuch
ID: 19782926

info@dominikklapuch.cz
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  • Launched September 1, 2023
  • Version 3. 3. 2

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