Disclaimer: This document is provided for informational purposes only and does not constitute legal advice. You should consult with a qualified attorney for advice regarding your specific situation.
1. Acceptance of Terms
By downloading, installing, or using the Better Backgammon mobile application (the "App"), accessing our website at betterbackgammon.com, or subscribing to our text messaging program (together, the "Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree, do not use the Service.
The Service is operated by Better Backgammon Inc, a Delaware corporation ("Better Backgammon," "we," "us," or "our").
2. Description of Service
Better Backgammon provides digital backgammon training through interactive strategy lessons, equity analysis drills, AI-powered coaching, progress tracking, daily challenges, and related educational content. The Service is delivered through our iOS mobile application, our website, and optional text message alerts.
3. Eligibility
You must be at least 13 years old to use the Service. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. The Service is not directed to children under 13 and we do not knowingly collect personal information from children under 13 in accordance with the Children's Online Privacy Protection Act (COPPA).
4. Account Registration
You may need to create an account to access certain features. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You agree to notify us immediately of any unauthorized use of your account.
5. Use of the Service
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service for any illegal or unauthorized purpose
- Attempt to reverse-engineer, decompile, disassemble, or derive the source code of the App
- Interfere with or disrupt the Service, its servers, or networks connected to the Service
- Access accounts, data, or content belonging to other users without authorization
- Use automated tools, bots, scrapers, or similar means to interact with the Service
- Redistribute, resell, sublicense, or commercially exploit the Service or its content
- Transmit any viruses, malware, or other harmful code through the Service
- Circumvent, disable, or otherwise interfere with security-related features of the Service
6. AI Coaching Feature
The App includes an AI-powered coaching feature that provides backgammon guidance, position analysis, and strategic recommendations. This feature is for educational purposes only. AI-generated coaching is not a substitute for professional instruction and may occasionally contain inaccuracies. We do not guarantee the accuracy, completeness, or reliability of AI-generated content.
7. Intellectual Property
The Service, including all content, features, functionality, design, code, graphics, logos, trademarks, and training materials, is owned by Better Backgammon Inc or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes, subject to these Terms. This license does not include the right to: (a) modify or create derivative works based on the Service; (b) use any data mining, robots, or similar data gathering methods; or (c) download any portion of the Service other than as expressly permitted.
Backgammon position data and equity analysis are derived from GNU Backgammon, which is distributed under the GNU General Public License. Our use complies with applicable open-source license terms.
8. User Content
You retain ownership of any content you submit through the Service. By submitting content, you grant Better Backgammon a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely in connection with operating and improving the Service.
9. In-App Purchases and Subscriptions
Certain features may be available through in-app purchases or subscriptions processed by the Apple App Store. All purchases are subject to Apple's terms and conditions. Refund requests should be directed to Apple in accordance with their refund policies.
Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. You can manage and cancel subscriptions through your device's App Store settings. Prices are subject to change, and any price changes will take effect at the start of the next subscription period following the date of the price change.
10. SMS/Text Messaging Terms
Better Backgammon offers an optional text messaging program called "Better Backgammon Alerts" that delivers game tips, practice reminders, and new content alerts to opted-in users.
Consent and Opt-In
By providing your mobile phone number and expressly consenting to receive text messages from Better Backgammon, you agree to receive recurring automated text messages from or on behalf of Better Backgammon at the mobile number provided. Consent is not a condition of purchase or use of the Service.
Message Frequency and Charges
Message frequency varies.
Message and data rates may apply. Please consult your wireless carrier's pricing plan for details. Better Backgammon does not charge a fee for sending text messages, but your carrier's standard messaging rates will apply.
Opt-Out
Reply STOP to unsubscribe at any time. You may opt out of receiving text messages at any time by replying STOP to any message you receive from us. After you send the STOP message, you will receive a one-time confirmation message. After that, you will no longer receive text messages from the Better Backgammon Alerts program unless you re-subscribe.
Help
Reply HELP for help. If you experience any issues with the messaging program, you can reply HELP for more assistance, or contact us at support@betterbackgammon.com.
Supported Carriers
The Better Backgammon Alerts program is supported by most major U.S. wireless carriers. Carriers are not liable for delayed or undelivered messages.
Carrier Liability Disclaimer
As always, wireless carriers are not liable for any delays in the delivery of, or any failures to deliver, any text messages, or for any information sent via text messages or through any link contained in a text message. T-Mobile is not liable for delayed or undelivered messages.
Privacy
For information on how we handle your mobile phone number and text messaging data, please see our Privacy Policy.
11. Privacy
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, disclose, and protect your information. By using the Service, you consent to the practices described in the Privacy Policy.
12. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable. We do not guarantee any specific learning outcomes or improvement in backgammon skill.
No advice or information, whether oral or written, obtained from Better Backgammon or through the Service shall create any warranty not expressly stated in these Terms.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BETTER BACKGAMMON INC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
Our total aggregate liability for any claims arising under or in connection with these Terms or the Service shall not exceed the greater of (a) the total amount you paid to Better Backgammon in the twelve (12) months preceding the event giving rise to the claim, or (b) fifty dollars ($50.00 USD).
14. Indemnification
You agree to defend, indemnify, and hold harmless Better Backgammon Inc, its 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: (a) your violation of these Terms; (b) your use of the Service; (c) your violation of any third-party right, including any intellectual property, privacy, or proprietary right; or (d) any claim that your content or use of the Service caused damage to a third party.
15. Termination
We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, including if we reasonably believe that you have violated these Terms. You may terminate your account at any time by contacting us at support@betterbackgammon.com.
Upon termination, your right to use the Service will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 7 (Intellectual Property), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 16 (Dispute Resolution), and 17 (Governing Law).
16. Dispute Resolution
Any disputes arising from or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, rather than in court. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.
The arbitration shall be conducted in the English language. For claims under $10,000, arbitration may be conducted entirely online or by telephone. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.
17. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in Delaware.
18. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will notify you by: (a) posting the updated Terms within the App, (b) posting the updated Terms on our website, (c) updating the "Effective Date" at the top of this page, and/or (d) sending you a notification through the Service. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Service.
19. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall continue in full force and effect.
20. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Better Backgammon Inc regarding your use of the Service and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Better Backgammon.
21. Waiver
The failure of Better Backgammon to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Better Backgammon.
22. Contact Us
If you have questions about these Terms, please contact us at:
Better Backgammon Inc
Email: support@betterbackgammon.com
Website: betterbackgammon.com