DarkSquares

Terms and Conditions

Last updated: January 7, 2025

1. Introduction and Acceptance

These Terms and Conditions ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and ANKT SERVICES, a French simplified joint-stock company (Société par Actions Simplifiée - SAS) registered under SIREN 843902156, with its registered office at 38 Rue de l'Amiral Mouchez, 75014 Paris, France ("Company", "we", "us", "our"), governing your access to and use of the Dark Squares application, website, and related services (collectively, the "Service").

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must immediately discontinue use of the Service. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

These Terms incorporate by reference our Privacy Policy and General Terms of Service, which govern data collection and service-specific provisions respectively.

2. Definitions

For the purposes of these Terms, the following definitions shall apply:

  • "Account" means the unique account created for you to access the Service or parts of the Service.
  • "Content" means any information, data, text, software, graphics, photographs, images, sounds, videos, messages, or other materials that may be viewed on, accessed through, or contributed to the Service.
  • "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals, and extensions thereof.
  • "Subscription" means a paid membership plan that provides access to premium features of the Service.
  • "User Content" means any Content that you submit, post, display, or otherwise make available through the Service.
  • "Free Tier" means the basic access level to the Service available without payment.
  • "Pro Subscription" means the premium access level to the Service available through paid subscription.

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least sixteen (16) years of age to use the Service. If you are between thirteen (13) and sixteen (16) years of age, you may only use the Service with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Service is not intended for children under thirteen (13) years of age, and we do not knowingly collect personal information from children under 13.

3.2 Account Creation

To access certain features of the Service, you must register for an Account. When registering, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.

3.3 Account Security

You must immediately notify us at support@darksquares.net of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this requirement.

3.4 Account Restrictions

You may not create more than one Account per person. We reserve the right to refuse registration, terminate Accounts, remove or edit Content, or cancel orders at our sole discretion for any reason, including but not limited to violation of these Terms.

4. Description of Service

Dark Squares is an online platform designed to help users develop blindfold chess visualization skills through progressive training exercises, games against artificial intelligence opponents, daily puzzles, achievements, leaderboards, and gamification features. The Service includes:

  • Progressive blindfold chess visualization training exercises across multiple difficulty levels
  • Games against AI opponents of varying skill levels
  • Daily puzzles and challenges
  • Progress tracking, statistics, and performance analytics
  • Achievement and gamification systems
  • Leaderboards and competitive features
  • Voice input capabilities for move entry
  • Cloud synchronization of progress and settings

The Service is provided on both a free basis with limited features (Free Tier) and a subscription basis with enhanced features (Pro Subscription). Feature availability may vary between tiers and may be modified at our discretion.

5. Intellectual Property Rights

5.1 Company Intellectual Property

The Service and its entire contents, features, and functionality (including but not limited to all information, software, source code, object code, text, displays, images, graphics, video, audio, design, presentation, selection, arrangement, and all Intellectual Property Rights therein) are owned by ANKT SERVICES, its licensors, or other providers of such material and are protected by French, European Union, and international copyright, trademark, patent, trade secret, and other Intellectual Property Rights or proprietary rights laws.

5.2 Trademarks

"Dark Squares", "Blindfold Chess Trainer", the Dark Squares logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ANKT SERVICES or its affiliates or licensors. You must not use such marks without the prior written permission of ANKT SERVICES. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

5.3 License Grant

Subject to your compliance with these Terms, ANKT SERVICES grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use. This license does not include any right to:

  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content or other materials obtained from the Service
  • Use any data mining, robots, scraping, or similar data gathering or extraction methods
  • Download any portion of the Service or Content (other than page caching) except as expressly permitted
  • Use the Service or Content for any commercial purpose without our express written consent
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service

5.4 User Content License

By submitting, posting, or displaying User Content on or through the Service, you grant ANKT SERVICES a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods now known or later developed, solely for the purposes of operating and providing the Service. This license terminates when you delete your User Content or your Account, except to the extent your User Content has been shared with others and they have not deleted it.

6. Prohibited Uses

You agree not to use the Service:

  • In any way that violates any applicable federal, state, local, or international law or regulation, including without limitation any laws regarding the export of data or software
  • To exploit, harm, or attempt to exploit or harm minors in any way
  • To transmit or procure the sending of any advertising or promotional material without our prior written consent, including any "spam", "junk mail", "chain letter", or any other similar solicitation
  • To impersonate or attempt to impersonate ANKT SERVICES, an ANKT SERVICES employee, another user, or any other person or entity
  • To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm ANKT SERVICES or users of the Service
  • To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service
  • To attack the Service via a denial-of-service attack or a distributed denial-of-service attack
  • To use any automated system, including without limitation "robots", "spiders", "offline readers", etc., to access the Service
  • To circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content
  • To use the Service to cheat, exploit bugs, or gain unfair advantages over other users
  • To share Account credentials with third parties or allow others to access your Account

7. Subscriptions and Payments

7.1 Subscription Plans

The Service offers subscription plans ("Pro Subscription") that provide access to enhanced features. Current subscription options, features, and pricing are displayed on our pricing page. ANKT SERVICES reserves the right to modify subscription plans, features, and pricing at any time with reasonable notice to existing subscribers.

7.2 Billing

Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on the plan selected). All payments are processed securely through Stripe, Inc. By subscribing, you authorize us to charge your payment method for all subscription fees and any applicable taxes. You are responsible for providing valid and current payment information.

7.3 Automatic Renewal

Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew for the same subscription period at the then-current subscription fee. You may cancel your subscription at any time through your Account settings.

7.4 Price Changes

We may change subscription fees at any time. If you have an active subscription, we will provide you with at least thirty (30) days' notice before any fee increase takes effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the modified fee.

7.5 Refunds

Subscription fees are generally non-refundable except as required by applicable law or as expressly set forth in our refund policy. For EU consumers, please refer to Section 13 regarding your statutory right of withdrawal.

8. Free Trial

We may offer a free trial period for the Pro Subscription. If you sign up for a free trial, you will have access to Pro features for the duration of the trial period. Unless you cancel before the trial period ends, you will be automatically charged the applicable subscription fee at the end of the trial period.

Free trials are limited to one per user. We reserve the right to determine your eligibility for a free trial and to revoke or modify free trial offers at any time.

9. Third-Party Services

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by ANKT SERVICES. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

The Service integrates with or relies upon the following third-party services:

  • Stripe: For payment processing
  • Supabase: For authentication and data storage
  • Google OAuth: For authentication (optional)
  • AI/ML Services: For chess engine and voice recognition features

Your use of such third-party services is governed by their respective terms of service and privacy policies. You acknowledge and agree that ANKT SERVICES shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party services.

10. Disclaimers

10.1 "As Is" Basis

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ANKT SERVICES NOR ANY PERSON ASSOCIATED WITH ANKT SERVICES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.

10.2 No Warranties

WITHOUT LIMITING THE FOREGOING, NEITHER ANKT SERVICES NOR ANYONE ASSOCIATED WITH ANKT SERVICES REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

10.3 Disclaimer of Implied Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, ANKT SERVICES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

11. Limitation of Liability

11.1 Exclusion of Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANKT SERVICES, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

11.2 Liability Cap

IN NO EVENT SHALL THE TOTAL LIABILITY OF ANKT SERVICES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO ANKT SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED EUROS (€100).

11.3 Exceptions

The limitations of liability set forth above do not apply to liability resulting from our gross negligence or willful misconduct, or to any liability that cannot be excluded or limited by applicable law, including liability for death or personal injury caused by negligence.

12. Indemnification

You agree to defend, indemnify, and hold harmless ANKT SERVICES, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's Content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

13. European Union Consumer Rights

13.1 Right of Withdrawal

If you are a consumer residing in the European Union, you have the right to withdraw from a subscription contract within fourteen (14) days of your subscription purchase without giving any reason. To exercise this right, you must inform us of your decision to withdraw by a clear statement sent to support@darksquares.net.

13.2 Waiver of Withdrawal Right

By using the Service immediately after purchase and before the withdrawal period expires, you expressly request that we begin providing the Service immediately. You acknowledge that you will lose your right of withdrawal once the Service has been fully performed or, for subscriptions, once you begin using premium features.

13.3 Legal Guarantee of Conformity

EU consumers benefit from a legal guarantee of conformity for digital content and services under Directive (EU) 2019/770. If the Service does not conform to the contract, you may be entitled to have the Service brought into conformity or to receive a proportionate reduction of the price or terminate the contract.

14. Termination

14.1 Termination by You

You may terminate your Account at any time by contacting us at support@darksquares.net or through your Account settings. Upon termination, your right to use the Service will immediately cease.

14.2 Termination by Us

We may terminate or suspend your Account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

14.3 Effect of Termination

Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Termination of your Account will result in the deletion of your User Content and data, except as required to be retained by applicable law.

15. Governing Law and Jurisdiction

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions. Where applicable, the mandatory consumer protection laws of your country of residence shall also apply.

15.2 Jurisdiction

Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Paris, France, except where mandatory consumer protection laws require otherwise. EU consumers may bring proceedings in the courts of their country of residence.

15.3 Online Dispute Resolution

The European Commission provides an online dispute resolution platform which you can access at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

16. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect by posting the updated Terms on the Service and/or sending you an email notification.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

17. Severability and Waiver

17.1 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

17.2 Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

18. Entire Agreement

These Terms, together with the Privacy Policy and General Terms of Service, constitute the entire agreement between you and ANKT SERVICES regarding the use of the Service, superseding any prior agreements between you and ANKT SERVICES relating to the subject matter hereof.

19. Contact Information

For any questions, concerns, or complaints regarding these Terms or the Service, please contact us:

ANKT SERVICES

Société par Actions Simplifiée (SAS)

SIREN: 843902156

38 Rue de l'Amiral Mouchez

75014 Paris, France

Email: support@darksquares.net