By installing or using the Two Player Chess apps you agree to these terms. They are intentionally short, and limit our liability while preserving the consumer rights you have under your local law.
The Two Player Chess apps for iPhone, iPad and Android (the "apps") are provided by Adrian McPhee, an individual developer based in the Netherlands ("we", "us"). Contact: adrian@twoplayerchess.com.
We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the apps on devices you own or control, for personal, non-commercial use, subject to these terms and to the App Store Terms of Service or Google Play Terms of Service that govern your installation. On Apple devices, this licence is limited to use on Apple-branded devices that you own or control and as permitted by the App Store Usage Rules, including any Family Sharing rules that apply.
The apps include a 14-day free trial. The trial is automatic, requires no payment information, and ends 14 days after you first launch the apps on your device. After the trial, continued use requires a one-time in-app purchase. There is no subscription, no auto-renewal, and no recurring charge: you pay once and own the unlock.
Purchases are processed by Apple or Google. We never see your payment information. Refund requests must be handled through Apple's or Google's refund process; we cannot issue refunds directly.
People who previously purchased the legacy version of Two Player Chess on iOS are detected automatically by the App Store and granted continued access. People who previously purchased the legacy Android version may contact us at the email above to request a one-time Google Play promo code that unlocks the new version. We reserve the right to verify legacy-purchase claims by reviewing the email associated with the original purchase.
You represent and warrant that (a) you are not located in a country subject to a comprehensive United States Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and (b) you are not listed on any US Government list of prohibited or restricted parties.
The apps, including their code, artwork, sounds, design and branding, are owned by Adrian McPhee and are protected by copyright, trade-mark, registered design, and other laws. Two Player Chess contains registered designs and concepts that are protected under law. Nothing in these terms transfers ownership to you.
You retain rights to the games you play and any PGN data you create using the apps; you can export, share, or delete that data at any time.
The Nearby feature lets two devices on the same Wi-Fi network play each other directly. We do not operate any matchmaking server. We are not responsible for the conduct of other players you meet through this feature, the content of any device names they choose, or for the availability or reliability of your local network.
The apps are provided "as is" and "as available", without warranty of any kind, express or implied. To the maximum extent permitted by applicable law, we disclaim all implied warranties, including warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the apps will be uninterrupted, error-free, free of harmful components, or that they will meet your requirements or expectations.
To the maximum extent permitted by applicable law, in no event will we be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of data, use, profits, goodwill, or other intangible losses arising out of or relating to your use of the apps. Our total aggregate liability for any claim arising out of or relating to these terms or the apps will not exceed the greater of (a) the amount you paid for the apps in the twelve months preceding the claim, or (b) ten euros (€10).
Nothing in these terms excludes or limits liability that cannot be excluded or limited by applicable law (for example, liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation), and nothing in these terms affects any non-waivable consumer rights you have under your local law.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Adrian McPhee and any successor entity, from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of (a) your misuse of the apps, (b) your breach of these terms, or (c) your violation of any law or the rights of any third party in your use of the apps. We will notify you of any such claim and reasonably cooperate with your defence.
The following terms apply only to apps installed from Apple's App Store:
These terms are concluded between you and Adrian McPhee, not with Apple. Apple is not responsible for the apps or their content.
Adrian McPhee, not Apple, is solely responsible for any maintenance and support for the iOS apps, to the extent we provide any.
Adrian McPhee, not Apple, is solely responsible for any product warranty, whether express or implied by law, to the extent not effectively disclaimed. If the apps fail to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the apps to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the apps.
Adrian McPhee, not Apple, is responsible for addressing any claims by you or any third party relating to the iOS apps or your possession or use of them, including: (a) product-liability claims; (b) any claim that the apps fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer-protection, privacy, or similar legislation.
If a third party claims that the iOS apps or your possession and use of them infringes that third party's intellectual property rights, Adrian McPhee, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of any such claim.
You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these terms with respect to the iOS apps, and that Apple has the right (and is deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary.
You may stop using the apps at any time by uninstalling them. We may terminate or suspend your licence to use the apps if you materially breach these terms. Sections that by their nature should survive termination will survive (in particular, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Apple-specific Terms).
We may update these terms from time to time. The current version always lives at twoplayerchess.com/policies/terms.html. Material changes will be reflected in an updated "last updated" date at the bottom of this page. Continued use of the apps after a change constitutes acceptance of the updated terms.
You may not assign or transfer your rights under these terms without our prior written consent. We may assign these terms, in whole or in part, to any successor entity (including a company we form to operate the apps) on notice to you, in which case the successor will assume all rights and obligations of "we"/"us" under these terms.
If any provision of these terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable, preserving its original intent. These terms (together with the Privacy Policy and the App Store or Google Play terms applicable to your installation) constitute the entire agreement between you and us regarding the apps and supersede any prior agreement on the same subject matter.
These terms are governed by the laws of the Netherlands, without regard to its conflict-of-laws rules. Any dispute will be brought in the competent courts of Amsterdam, the Netherlands, except that consumers may also bring claims in the courts of their country of residence as required by applicable law, and may also rely on any mandatory consumer-protection rights under the law of their country of residence.
Questions about these terms: adrian@twoplayerchess.com.