Terms of Service
Last updated: August 22, 2024
Welcome to Chick. These Terms of Service ("Terms") govern your use of our AI gaming performance platform and services operated by Chick Gaming Platform ("we," "our," or "us"). By accessing or using Chick, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
These Terms constitute a legally binding agreement between you and Chick Gaming Platform. Please read them carefully as they contain important information about your rights and obligations when using our services.
1. Acceptance of Terms
By creating an account, accessing our platform, downloading our mobile application, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all users of our services, including visitors, registered users, and paying subscribers.
We may modify these Terms at any time at our sole discretion. We will notify you of material changes via email, through our platform, or by other reasonable means. Your continued use of our services after such modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using our services.
2. Service Description
Chick provides an AI-powered gaming performance platform that includes, but is not limited to:
- Real-time cognitive performance analysis and feedback
- Personalized AI coaching and improvement recommendations
- Adaptive skill training exercises and micro-quests
- Comprehensive performance analytics and progress tracking
- Community features, leaderboards, and social gaming elements
- Mobile companion application for on-the-go training
- Integration with popular competitive gaming titles
- Customizable themes, cosmetics, and user interface options
- Season passes and premium content access
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of our services without notice or liability.
3. User Accounts and Eligibility
Account Creation
To use our services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
Eligibility Requirements
You must be at least 13 years old to use our services. If you are under 18, you must have parental or guardian consent to use our services and enter into these Terms. By using our services, you represent and warrant that you meet these age requirements and have the legal capacity to enter into these Terms.
Account Security and Responsibility
You are solely responsible for maintaining the security of your account and password. We are not liable for any loss or damage arising from your failure to protect your account information. You agree to use strong passwords and enable two-factor authentication when available.
Account Suspension and Termination
We reserve the right to suspend or terminate your account at any time for violation of these Terms, suspicious activity, or any other reason we deem appropriate. Upon termination, your right to use our services will cease immediately.
4. Acceptable Use Policy
You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to use our services:
- To violate any applicable laws, regulations, or third-party rights
- To engage in cheating, hacking, or exploiting game mechanics or our platform
- To harass, abuse, threaten, or harm other users or our staff
- To upload, transmit, or distribute malicious code, viruses, or harmful content
- To attempt to gain unauthorized access to our systems, servers, or networks
- To use our services for commercial purposes without our express written authorization
- To interfere with or disrupt our services, servers, or networks
- To create multiple accounts to circumvent restrictions or bans
- To impersonate any person or entity or misrepresent your affiliation
- To collect or harvest personal information of other users
- To engage in any activity that could damage our reputation or business
Violation of this policy may result in immediate account suspension or termination, and we may pursue legal action where appropriate.
5. Subscription and Payment Terms
Subscription Plans and Pricing
We offer various subscription plans with different features and pricing tiers. Subscription fees are charged in advance on a monthly or annual basis, depending on your chosen plan. All prices are listed in the currency specified at the time of purchase and include applicable taxes where required.
Payment Processing and Authorization
By providing payment information, you authorize us to charge the applicable fees to your chosen payment method. You represent and warrant that you have the legal right to use the payment method provided. You are responsible for maintaining valid and current payment information.
Automatic Renewal
Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You will be charged the then-current subscription fee for the renewal period. We will provide reasonable advance notice of any price changes.
Cancellation and Refunds
You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellations take effect at the end of your current billing period, and you will continue to have access to paid features until that time. We do not provide refunds for partial subscription periods, except as required by applicable law or as specified in our refund policy.
Price Changes and Billing Disputes
We reserve the right to change our subscription prices at any time. We will provide at least 30 days' notice of price increases, and the new pricing will apply to your next billing cycle. If you have billing disputes, you must contact us within 60 days of the charge in question.
6. Intellectual Property Rights
All content, features, and functionality of our platform, including but not limited to text, graphics, logos, icons, images, audio clips, software, AI algorithms, and the compilation thereof, are owned by Chick Gaming Platform and are protected by copyright, trademark, patent, and other intellectual property laws.
Limited License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use our services for personal, non-commercial purposes. This license does not include the right to resell, distribute, or create derivative works based on our services.
User-Generated Content
You retain ownership of any content you submit to our platform, but you grant us a worldwide, royalty-free, non-exclusive license to use, modify, reproduce, and display such content as necessary to provide our services. You represent that you have all necessary rights to grant this license.
Trademark Rights
The Chick name, logo, and all related marks are trademarks of Chick Gaming Platform. You may not use our trademarks without our prior written consent.
7. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.
We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure.
8. Disclaimers and Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties regarding the accuracy, reliability, or completeness of our services
- Warranties that our services will be uninterrupted, secure, or error-free
- Warranties regarding the results or outcomes from using our services
We do not warrant that our services will meet your specific requirements or that any defects will be corrected. Your use of our services is at your own risk.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHICK GAMING PLATFORM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Loss of use or interruption of business
- Cost of substitute goods or services
- Personal injury or property damage
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
10. Indemnification
You agree to indemnify, defend, and hold harmless Chick Gaming Platform, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or relating to:
- Your use of our services or violation of these Terms
- Your violation of any applicable laws or third-party rights
- Any content you submit or transmit through our services
- Your negligent or wrongful conduct
11. Termination
Either party may terminate these Terms at any time. We may suspend or terminate your account immediately, without prior notice, if you violate these Terms or engage in conduct that we determine is harmful to our services, other users, or our business interests.
Upon termination, your right to use our services will cease immediately, and we may delete your account and data, subject to our data retention policies and applicable law. Sections of these Terms that by their nature should survive termination will remain in effect.
12. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of Belgium, without regard to conflict of law principles. Any disputes arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the Belgian Centre for Arbitration and Mediation.
Before initiating arbitration, the parties agree to attempt to resolve disputes through good faith negotiations. If a dispute cannot be resolved within 60 days, either party may proceed to arbitration.
13. General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Chick Gaming Platform regarding your use of our services.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be replaced with a valid provision that most closely reflects the original intent.
Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative.
Assignment
You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms and our rights and obligations hereunder without restriction.
14. Contact Information
If you have any questions about these Terms of Service, please contact us:
Email: legal@chick.gaming
Phone: +32 479 20 46 83
Address: Rue Auguste Danse 23, 1050 Ixelles, Belgium
We will respond to your inquiries promptly and work to address any concerns you may have regarding these Terms.