General Terms of Service

Preamble

These General Terms of Service ("GTS") govern the contractual relationship between ANKT SERVICES, a French simplified joint-stock company (Société par Actions Simplifiée - SAS) registered under SIREN 843902156, with its registered office at 25 Rue Lenepveu, c/o WeForge, 49100 Angers, France (the "Provider"), and any natural or legal person who subscribes to or uses the Dark Squares service (the "Client" or "User").

These GTS supplement and form an integral part of the Terms and Conditions and should be read in conjunction with our Privacy Policy.

Article 1 - Purpose and Scope

1.1 Purpose

The purpose of these GTS is to define the terms and conditions under which the Provider makes available to the Client a digital service for blindfold chess training, accessible via web application at darksquares.net and related domains, as well as mobile applications for iOS and Android (collectively, the "Service").

1.2 Scope of Application

These GTS apply to all Services provided by the Provider to the Client, whether free or paid. Any use of the Service implies unreserved acceptance of these GTS. The Provider reserves the right to modify these GTS at any time; the applicable version is that in effect at the time of use of the Service.

1.3 Hierarchical Order

In case of contradiction between contractual documents, they shall prevail in the following order: (1) specific conditions agreed in writing, (2) these General Terms of Service, (3) Terms and Conditions, (4) Privacy Policy.

Article 2 - Description of Services

2.1 Nature of Service

Dark Squares is a Software-as-a-Service (SaaS) platform providing digital chess training services focused on developing blindfold visualization skills. The Service is accessible via web browsers and native mobile applications for iOS and Android devices.

2.2 Service Features

The Service includes the following features, subject to the selected plan:

• Training Exercises: Progressive exercises for blindfold chess visualization including coordinate recognition, piece movement visualization, position memory, tactical puzzles, and game visualization
• AI Opponent Games: Games against artificial intelligence opponents at various difficulty levels (Beginner through Grandmaster)
• Daily Plans and Puzzles: Daily training plans and puzzles with leaderboards
• Progress Tracking: Statistics, performance analytics, achievements, experience points, and level progression
• Gamification: Achievement badges, streaks, leaderboards, and competitive features
• Competitions: Periodic competitions, seasonal challenges, and rankings (where available)
• Voice Input: Speech-to-text functionality for move entry (availability depends on device capabilities and selected voice engine)
• Cloud Synchronization: Cross-device synchronization of progress and settings for registered users

2.3 Service Tiers

The Service is offered under two tiers:

Free Tier

• Unlimited exercises and games
• Access to basic training levels 1-3 (subject to XP progression)
• Basic AI difficulty levels (1-3)

Pro (Paid Plan)

• Access to all training levels 1-7
• All AI difficulty levels (1-8)
• Famous games library
• Endgame training
• Intermediate tactics
• Access to Pro features for the paid plan term (Lifetime Access or Recurring Subscription, as offered)

2.4 Service Evolution

The Provider reserves the right to modify, add, or remove features from the Service at any time. Material changes to paid features will be communicated to paid plan customers at least thirty (30) days in advance.

Article 3 - Access Conditions

3.1 Technical Requirements

Access to the Service requires:

• Web: A compatible web browser (Chrome, Firefox, Safari, Edge - latest two major versions)
• Mobile: iOS 15.1 or later, or Android 6.0 or later
• A stable internet connection
• For voice features: a device with microphone capability and browser/OS support for speech recognition or sufficient bandwidth for cloud processing

The Client is solely responsible for acquiring and maintaining the necessary equipment and internet connection to access the Service.

3.2 Account Creation

Certain features require the creation of a user account. The Client must provide accurate and complete registration information. Each account is personal and non-transferable. The Client is responsible for maintaining the confidentiality of their credentials.

3.3 Service Availability

The Provider endeavors to ensure the Service is available 24 hours a day, 7 days a week, except in cases of force majeure, technical failures, or maintenance operations. The Provider commits to a target availability rate of 99.5% per month, calculated excluding scheduled maintenance periods.

3.4 Maintenance

The Provider may temporarily suspend access to the Service for maintenance purposes. Scheduled maintenance will be communicated in advance when possible. Emergency maintenance may be performed without prior notice when necessary to protect the integrity or security of the Service.

Article 4 - Pricing and Payment Terms

4.1 Applicable Prices

Current prices for Pro Plans are displayed on the Service's pricing page. Prices are quoted in Euros (€) and include all applicable taxes (TTC - Toutes Taxes Comprises) for European Union consumers. For clients outside the EU, applicable taxes may vary based on local regulations.

4.2 Paid Plans

Pro plans may be offered as a one-time Lifetime Access purchase and/or as a Recurring Subscription. Availability and pricing are displayed on the Service's pricing page.

4.3 Billing Cycle

For Recurring Subscriptions, fees are due in advance at the beginning of each billing period. The first billing occurs upon subscription confirmation. For Lifetime Access, a one-time fee is charged at purchase.

4.4 Failed Payments

In case of payment failure on a Recurring Subscription, the Provider will attempt to process the payment again. If payment cannot be collected after reasonable attempts, the Recurring Subscription will be suspended and access to Pro features will be revoked until payment is successfully processed.

4.5 Price Modifications

The Provider reserves the right to modify prices at any time. Price changes will not affect current billing periods. Existing subscribers will be notified at least thirty (30) days before any price increase takes effect for their renewal.

Article 5 - Paid Plan Management

5.1 Paid Plan Activation

Pro features are activated immediately upon successful payment confirmation. For Lifetime Access, access is granted upon payment. The Client receives email confirmation of the purchase.

5.2 Automatic Renewal

Automatic renewal applies only to Recurring Subscriptions. Lifetime Access does not renew.

5.3 Cancellation by the Client

The Client may cancel a Recurring Subscription at any time through their account settings or by contacting support@darksquares.net. Cancellation takes effect at the end of the current billing period. Lifetime Access has no renewal and therefore no cancellation of renewal.

5.4 Suspension by the Provider

The Provider may suspend or terminate a paid plan in case of:

• Non-payment of fees for a Recurring Subscription
• Breach of these GTS or the Terms and Conditions
• Fraudulent, abusive, or unlawful use of the Service
• Security risks to the Service or other users

5.5 Effects of Termination

Upon termination of a paid plan, the account reverts to the Free Tier. Data retention and deletion are handled in accordance with the Privacy Policy. The Client may request deletion of their Account subject to legal retention requirements.

5.6 Lifetime Access

Lifetime Access is personal, non-transferable, and tied to the Client's Account. It grants access to Pro features for as long as the Service is made available. It does not guarantee perpetual availability, and the Provider may modify or discontinue the Service under these GTS.

Article 6 - Right of Withdrawal (EU Consumers)

6.1 Withdrawal Period

In accordance with Article L221-18 of the French Consumer Code and Directive 2011/83/EU, consumers residing in the European Union have the right to withdraw from a paid plan within fourteen (14) days from the date of purchase, without providing any reason.

6.2 Exercise of Withdrawal Right

To exercise the right of withdrawal, the Client must inform the Provider of their decision by clear statement sent to support@darksquares.net. The Client may use the following model withdrawal form:

6.3 Exception to Withdrawal Right

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal may be lost if the Client expressly requests that the digital Service begin immediately and acknowledges losing the right of withdrawal once performance begins. This applies to Lifetime Access and Recurring Subscriptions when Pro features are used before the end of the withdrawal period.

6.4 Reimbursement

If the Client validly exercises their right of withdrawal, the Provider will reimburse all payments received within fourteen (14) days from the date of receipt of the withdrawal notice, using the same means of payment as used for the initial transaction.

Article 7 - Client Obligations

7.1 Lawful Use

The Client agrees to use the Service in accordance with applicable laws and regulations, these GTS, and the Terms and Conditions. The Client shall not use the Service for any illegal, fraudulent, or harmful purpose.

7.2 Account Security

The Client is responsible for maintaining the security and confidentiality of their account credentials. The Client must immediately notify the Provider of any unauthorized use of their account.

7.3 Accurate Information

The Client guarantees that all information provided during registration and throughout the use of the Service is accurate, current, and complete.

7.4 Prohibited Activities

The Client shall not:

• Share account credentials or allow third parties to use their account
• Attempt to circumvent paid plan limitations or access restrictions
• Upload, post, or transmit content that infringes or misappropriates third-party intellectual property or other rights
• Use automated tools, bots, or scripts to interact with the Service
• Attempt to reverse engineer, decompile, or extract source code
• Interfere with the proper functioning of the Service
• Exploit bugs or vulnerabilities in the Service
• Engage in any activity that could harm the Provider or other users

Article 8 - Provider Obligations

8.1 Service Provision

The Provider undertakes to provide the Service with reasonable care and skill, in accordance with industry standards for similar services. The Provider shall use commercially reasonable efforts to ensure the Service operates as described.

8.2 Data Protection

The Provider undertakes to process personal data in accordance with the Privacy Policy and applicable data protection laws, including the GDPR and French Data Protection Act.

8.3 Support

The Provider provides technical support via email at support@darksquares.net. The Provider endeavors to respond to support requests within 48 business hours. Clients on a paid plan benefit from priority support with faster response times.

8.4 Security

The Provider implements appropriate technical and organizational measures to protect the Service and Client data against unauthorized access, loss, or alteration.

Article 9 - Liability

9.1 Limitation of Liability

The Provider's liability is limited to direct damages actually suffered by the Client, up to the amounts paid by the Client for the Service during the twelve (12) months preceding the event giving rise to the claim.

9.2 Exclusions

The Provider shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from the Client's failure to comply with these GTS
• Damages resulting from third-party services or content
• Damages resulting from force majeure events
• Damages resulting from Client's equipment or internet connection issues

9.3 Force Majeure

Neither party shall be liable for failure to perform obligations due to force majeure events, including but not limited to natural disasters, war, terrorism, labor disputes, government actions, power outages, internet service disruptions, or cyber-attacks beyond reasonable control.

9.4 Consumer Protection

Nothing in these GTS shall limit the statutory rights of consumers under applicable consumer protection laws, including the legal guarantee of conformity under EU Directive 2019/770 for digital content and services.

Article 10 - Intellectual Property

10.1 Provider's Rights

The Service, including all software, algorithms, designs, graphics, text, logos, trademarks, and other content, is the exclusive property of ANKT SERVICES and is protected by intellectual property laws. Certain components of the Service may be subject to third-party or open-source licenses, which govern your use of those components. No provision of these GTS grants the Client any intellectual property rights in the Service.

10.2 License Grant

The Provider grants the Client a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes, for the duration of the paid plan (or for as long as the Service is made available for Lifetime Access).

10.3 Restrictions

The Client may not reproduce, distribute, modify, create derivative works from, publicly display, or commercialize any part of the Service without the Provider's prior written consent.

Article 11 - Confidentiality

Each party agrees to keep confidential all information of a confidential nature received from the other party in connection with the Service. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

Article 12 - Modifications to GTS

The Provider reserves the right to modify these GTS at any time. Material modifications will be communicated to Clients at least thirty (30) days before taking effect. Continued use of the Service after modifications take effect constitutes acceptance of the modified GTS.

If the Client does not accept the modified GTS, they may cancel their Recurring Subscription before the modifications take effect.

Article 13 - Governing Law and Jurisdiction

13.1 Applicable Law

These GTS are governed by French law. For consumers residing in the EU, mandatory consumer protection provisions of the consumer's country of residence shall also apply.

13.2 Jurisdiction

Any dispute arising from these GTS shall be subject to the exclusive jurisdiction of the courts of Paris, France, unless mandatory consumer protection laws require otherwise. EU consumers may bring proceedings in the courts of their country of residence.

13.3 Mediation

In accordance with Articles L616-1 et seq. of the French Consumer Code, in case of dispute, the Client may submit the matter to a consumer mediator. The Provider will provide information about the applicable mediation process upon request.

13.4 Online Dispute Resolution

The European Commission provides an online dispute resolution platform accessible at https://ec.europa.eu/consumers/odr.

Article 14 - Miscellaneous Provisions

14.1 Severability

If any provision of these GTS is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.2 Waiver

Failure by either party to enforce any provision of these GTS shall not constitute a waiver of that provision or the right to enforce it subsequently.

14.3 Assignment

The Client may not assign or transfer their rights or obligations under these GTS without the Provider's prior written consent. The Provider may assign these GTS to any successor or acquiring entity.

14.4 Entire Agreement

These GTS, together with the Terms and Conditions and Privacy Policy, constitute the entire agreement between the parties regarding the subject matter hereof.

Article 15 - Contact Information

For any questions regarding these General Terms of Service, please contact: