Terms of Service

1. Agreement to Terms

By downloading, installing, or using our mobile games (e.g., HPChess), desktop applications (e.g., GeniusNotes), or visiting our website (gradientbits.com), collectively our "Services", you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

2. License to Use Our Services

GradientBits grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your own personal, non-commercial purposes, subject to your compliance with these Terms.

3. Purchases and Premium Features

Certain applications, such as GeniusNotes, may offer premium features accessible via a one-time purchase. Regarding these purchases, you agree to the following:

• Payment Processing: All purchases are processed securely by the platform from which you downloaded the app (e.g., Microsoft Store, Apple App Store). GradientBits does not handle or store your payment information.
• Refunds: Because transactions are managed by third-party stores, any requests for refunds must be directed to the respective store's customer support and are subject to their specific refund policies.
• Account Access: Premium unlocks are typically tied to the user account of the platform store used to make the purchase.

4. Restrictions and User Conduct

You agree not to do any of the following:

• Use our Services for any commercial purpose without our express written consent.
• Copy, modify, distribute, or create derivative works based on our Services.
• Reverse engineer, decompile, or disassemble our applications or attempt to discover the source code.
• Use cheats, exploits, automation software, hacks, or any unauthorized third-party software designed to modify or interfere with the Service.
• Disrupt or overburden our servers or any network used to support the Services.

5. Intellectual Property

All rights, title, and interest in and to the Services (including titles, computer code, themes, characters, artwork, music, and all other content) are the exclusive property of GradientBits and its licensors. The Services are protected by copyright, trademark, and other laws of Poland and foreign countries.

6. Termination

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

7. Disclaimer of Warranties

We strive to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. GradientBits provides the Services on an "AS IS" and "AS AVAILABLE" basis and does not warrant that they will be uninterrupted, secure, or free from errors, harmful code, or other malware.

8. Limitation of Liability

To the fullest extent permitted by applicable law, GradientBits shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of the Services. In no event shall our aggregate liability exceed the greater of the amount you paid us (if any) in the past six months or fifty euros (€50).

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Poland, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Warsaw, Poland, and you consent to the personal jurisdiction of such courts.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on our website. Your continued use of the Services after any such change constitutes your acceptance of the new Terms.