AGB & Widerrufsbelehrung
Terms & Right of Withdrawal
This is a convenience translation. The legally binding version is the . The contract language is German.
General Terms and Conditions of ChessRiddle, proprietor Felix Beck, Kraillinger Weg 9, 82061 Neuried (hereinafter referred to as "Provider") for contracts with the customers of its platform.
The Provider and the Customer are hereinafter jointly referred to as the "Parties".
§ 1 Subject Matter of the Contract
The subject matter of contracts concluded under these General Terms and Conditions is the paid and time-limited grant of access to the Provider's chess learning platform via the internet, for the individually agreed duration of the contract. The free use of the platform is provided without any legal obligation; there is no entitlement to free use regardless of its duration.
§ 2 Services of the Provider; Platform
(1) The Provider grants the Customer the use of the most current version of the platform via the internet at the URL chessriddle.com by means of access through a web browser or a mobile client app of the Provider.
(2) The Provider ensures the functionality and availability of the platform for the duration of the contractual relationship and shall maintain it in a condition suitable for its intended contractual use.
(3) The Provider enables the Customer to use the chess learning functions of the platform, in particular to practise solving chess puzzles.
(4) The Provider may, without being obligated to do so, update or further develop the platform at any time, in particular due to changes in legislation, technical developments, or to improve IT security.
(5) The Provider is not obligated to adapt the platform to the individual needs or IT environment of the Customer.
(6) The Provider shall maintain the platform on a regular basis and inform the Customer in a timely manner of any related restrictions.
(7) The Provider shall take measures in accordance with the state of the art to protect data. However, the Provider bears no custodial or safekeeping obligations with respect to data. The Customer is responsible for adequately securing their access credentials.
§ 3 Scope and Rights of Use
(1) No physical transfer of the platform to the Customer, nor any provision of binary code, source code, configuration data, or game data shall take place.
(2) The Customer receives a non-exclusive, non-sublicensable, and non-transferable right, limited to the duration of the contract, to use the most current version of the platform by accessing it through a browser in accordance with the contractual provisions.
§ 4 Support
Unless otherwise agreed individually, the Provider receives and responds to the Customer's support enquiries by e-mail on business days within 24 hours.
§ 5 Service Levels; Incident Resolution
(1) The Provider guarantees an overall availability of the platform of at least 99% per month.
(2) Availability means the Customer's ability to use the programmed chess learning functions of the platform. Scheduled maintenance periods and incident periods within the resolution time count as periods of platform availability. Periods of minor incidents are disregarded when calculating availability. The Provider's monitoring tools shall be authoritative for verifying availability.
(3) The Customer shall report incidents to the Provider without delay. Incident reporting and resolution is guaranteed Monday to Friday (excluding nationwide public holidays) between 9:00 AM and 6:00 PM (service hours).
(4) Critical incidents (the platform as a whole or a core function of the platform is unavailable) shall be resolved by the Provider, including outside service hours, no later than two hours after receipt of the incident report — provided the report was submitted during service hours (resolution time). If it is foreseeable that the incident cannot be resolved within this timeframe, the Provider shall immediately inform the Customer and communicate the expected delay.
(5) Other significant incidents (core or secondary functions of the platform are impaired but can still be used; or other non-trivial incidents) shall be resolved no later than 12 hours during service hours (resolution time).
(6) The resolution of minor incidents is at the Provider's discretion.
§ 6 Customer Obligations
(1) The Customer shall not share their access credentials for the platform with any other person.
(2) The Customer shall protect and safeguard their access credentials in accordance with the state of the art against third-party access.
(3) The Customer shall ensure that the platform is only used within the contractually agreed scope.
(4) Any unauthorised access must be reported to the Provider without delay.
§ 7 Liability
(1) The Provider shall be liable without limitation in cases of intentional misconduct, gross negligence, and culpable injury to life, body, or health.
(2) Without prejudice to the cases of unlimited liability pursuant to the preceding paragraph, the Provider shall only be liable for slight negligence in the event of a breach of material contractual obligations, i.e. obligations whose fulfilment is essential to the proper performance of the contract or whose breach jeopardises the achievement of the contractual purpose and on whose compliance the Customer may regularly rely, but limited to the foreseeable, contract-typical damage at the time of conclusion of the contract.
(3) The above limitations of liability shall not apply to liability under the Product Liability Act or within the scope of any individually agreed guarantees.
(4) The limitations of liability provided for herein shall also apply in favour of employees, representatives, and governing bodies of the Provider.
§ 8 Third-Party Rights and Claims
(1) The Customer shall inform the Provider without delay of any claims asserted by third parties against the Customer arising from the use of the platform. The Customer shall, upon first request, grant the Provider all necessary authorisations and powers to defend against such claims related to the use of the platform.
(2) The above clause does not establish any entitlement of the Customer against the Provider to indemnification from or defence against third-party claims.
(3) The Customer warrants that the data imported to the Provider's servers, as well as its use and provision by the Provider, do not violate applicable law, official orders, third-party rights, or agreements with third parties. The Customer shall indemnify the Provider upon first request against any claims asserted by third parties due to a breach of this clause.
§ 9 Fees and Payment Terms
The amount of fees for the Provider's services, as well as other fee and payment terms and the issuance of invoices, are subject to individual agreement.
§ 10 Contract Duration and Termination
(1) The contract is concluded for an indefinite period with a monthly or annual billing period.
(2) The monthly subscription may be terminated by either party with one month's notice, effective at the end of the month.
(3) The annual subscription may be terminated by either party with one month's notice before the end of the annual subscription period.
(4) The annual subscription shall be converted to a monthly subscription after two years.
(5) If the above notice periods are not exercised, the monthly subscription shall automatically renew for an additional month. The annual subscription, after the initial term, shall continue for an indefinite period and may be terminated by either party at any time with one month's notice.
(6) The Customer may submit their cancellation by clicking the "Cancel now" button on the subscription management page provided by Stripe (the Provider's payment processor). This page can be accessed via the "Cancel contracts here" link at https://chessriddle.com/subscription or within the Provider's app.
(7) The right to terminate without notice for cause remains unaffected.
(8) The Provider shall delete all Customer data remaining on its servers 30 (thirty) days after termination of the contractual relationship.
§ 11 Data Protection; Confidentiality
(1) The Parties shall comply with the applicable data protection regulations.
(2) Insofar as the Provider has access to the Customer's personal data in the course of providing services, the Parties shall conclude a corresponding Data Processing Agreement and attach it to this contract before commencing data processing. In such cases, the Provider shall process the respective personal data solely in accordance with the provisions set out therein and in accordance with the Customer's instructions.
(3) The Provider undertakes to maintain confidentiality regarding all confidential information obtained in connection with this contract and its performance, and not to disclose, pass on, or otherwise use such information towards third parties. Confidential information includes information that is marked as confidential or whose confidentiality is apparent from the circumstances, regardless of whether it was communicated in written, electronic, physical, or oral form. The confidentiality obligation does not apply insofar as the Provider is obligated to disclose confidential information by law or by a final and binding decision of a public authority or court.
§ 12 Right of Withdrawal Notice
If you are a consumer (i.e. a natural person placing an order for purposes that can be attributed neither to their commercial nor to their independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
The details of the right of withdrawal are set out in the following withdrawal notice:
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us,
of your decision to withdraw from this contract by an unambiguous statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We shall carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested the commencement of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the services under the contract.
Early Expiry of the Right of Withdrawal
The right of withdrawal shall expire upon full performance of the service, in the case of a contract that obliges the consumer to pay a price, if the consumer, prior to the commencement of performance:
- expressly consented to the commencement of the service before the expiry of the withdrawal period,
- in the case of an off-premises contract, provided such consent on a durable medium, and
- acknowledged that the right of withdrawal is lost upon full performance of the contract by the trader.
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract.)
To ChessRiddle, Kraillinger Weg 9, 82061 Neuried;
E-mail: info@chessriddle.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
- Date
(*) Delete as appropriate.
§ 13 Final Provisions
The contract language is German.