General Terms and Conditions
Click here for the German version.
1. Application
These General Terms and Conditions (GTC) shall apply to all business relations between PowChess GmbH (hereinafter: PowChess) and the Users of the platform at https://powchess.com. Conflicting GTC of the Users shall not be recognized, even if PowChess has not expressly objected to them.
2. Services
On the platform, Users can play chess games against other Users. PowChess provides a digital chessboard for this purpose. Various game types are offered, e.g. games without time limits or games with time limits such as blitz, bullet, rapid, etc. Users can compete against each other for free or play for money. Those who want to play a game can create and publish a game with the desired characteristics in terms of game duration, etc. Other players can then accept this invitation. All games played by registered Users are stored in the PowChess database.
3. User account, netiquette
In order to use the platform to its full extent, the User must register and create a User account. To do this, he must provide a functional e-mail address, select a Username and assign a password. The account is linked to the person of the User. The User undertakes to create only one account. The User further undertakes not to allow his account to be used by other persons. Other persons are not allowed to play games under his name. The User undertakes to keep the password used to use the Platform safe and protected from access by third parties. The User undertakes to remain polite in communication with other players and not to insult or slander them or otherwise behave in a manner that disrupts the social fabric and operation of the platform.
If a registered User is involved in a game, the respective username is also stored in the PowChess database. From the games PowChess creates an internal platform rating (Glicko2) for each User. Registered Users can use the Quick Game buttons (e.g. 1+0 for one minute per player per game, 5+0 for five minutes per player per game, etc.) to be put on a queue. There they will be matched – if possible – with other players of a similar rating.
4. Games for money
When playing for money, only Bitcoin SV (BSV)
is allowed as currency. Those who want to play for money must link their account to a
HandCash
BSV wallet. On this website, BSV balances may be displayed in the form of Satoshi (Sat).
1 BSV = 100_000_000 Satoshi
always applies.
The usernames of the players and the history of the game is stored on the BSV blockchain. The
stake is a minimum of
0.001 BSV
and a maximum of
5 BSV
. The User who creates and publishes a game sets the stake when creating it. Another player who
has linked his BSV wallet can accept this invitation. The stake is "debited" when both players
have made their first move. If the game is abandoned before then, no payment is made. After the
end of the game PowChess distributes the stake to the players. The loser receives nothing. The
winner receives the full stake from both players minus the fees (see
Section 6). In case of a draw, both players get back their stake
minus the fees.
5. Activity Leaderboard
A special Activity Leaderboard
is maintained on the platform. It contains a ranking of
the most active Users. When registered Users play against other registered Users, they receive
Activity Points (AP). For each casual game one gets
1 AP
, for each rated game one gets 2 AP
and for each money
game or
Arcade
game one gets
3-12 AP
, depending on the stake. The details are available here.
Excluded are blitz games and games which are finished after 20 or less moves. For such games, points are only awarded if they end in mate or stalemate. If a User plays several times against the same opponent, AP will be awarded only for 5 games per day. AP expire after 30 days. AP cannot be transferred to other accounts. Users who have linked their account to a HandCash BSV wallet and have collected enough AP to be among the 100 most active Users will receive earnings in return. The details about the distributions are available here.
6. Fees
When playing for money, PowChess charges a fee for each game. The fee is 5%
of the total stake, i.e. the sum of the amounts paid by both players, but at least
0.0001 BSV
.
7. Fair play
The User agrees not to use any aids such as books, chess computers, plug-ins, bots or suchlike during the games and not to be helped by other persons, e.g. parents, coaches, etc. The chosen moves must be based exclusively on the knowledge and skills of the respective playing User.
PowChess has a report function. Anyone who suspects his opponent of violating the fair play rules should report this violation to PowChess. Under no circumstances does such a suspicion entitle the player to violate the rules on his part. PowChess reserves the right to randomly monitor free games and check for compliance with the fair play rules. When playing for money, PowChess will monitor each game and analyze whether the fair play rules have been observed.
In case of a suspected violation of the rules, PowChess is entitled to withhold any winnings of the player while the suspicion is being verified. The review may last a maximum of 90 days. If the suspicion is not confirmed, the payout to the player shall be made. If the suspicion is confirmed, PowChess shall pay back the stake of the respective opponents to them from the retained winnings. PowChess shall retain the stake of the player who committed the rule violation as a contractual penalty.
8. Rule violations
If PowChess determines that a User has violated the obligations imposed on him in Section 3 and Section 7 of these GTC, PowChess shall notify the User accordingly. PowChess shall have the right in such a case to terminate the business relationship immediately and to delete the User Account. Violations of the fair play rules in games for money shall always result in immediate termination of the contractual relationship and deletion of the Account.
In this case, the player is also obliged to repay all winnings earned on the platform within the
last 90 days
. In this case, the repayment must be made in BSV if the price
of BSV has increased since the respective payout. The player must then repay the nominal BSV
amount paid to him in the same way. If the rate of BSV has decreased since the payout, the
player must pay back an amount equal to the USD value at the time of the payout. PowChess will
pay back the stake to the respective opponents and retain the rest as contractual penalty.
If PowChess has deleted a User account due to a rule violation, the User is forbidden to create a new account. Violation of this prohibition shall also result in deletion of the account. If a User has made winnings with an illegally created account before PowChess has realized that the account was illegally created and has deleted it, PowChess shall be entitled to reclaim such winnings if they were made not more than 90 days before the account deletion. If the money has been repaid, PowChess shall pay out the stake of the respective opponents to them and retain the rest as a penalty.
9. Termination
The contract is concluded for an indefinite period. The User has the right to terminate his account at any time. This is done by clicking the appropriate button and subsequent confirmation. PowChess shall be entitled to terminate the Agreement with a notice period of 20 days to the end of the month. The termination notice shall be made in text form.
10. Liability
For damages to life, body and health, which occur due to a negligent or intentional breach of duty by the developer or by its legal representatives or agents, PowChess is liable to the User without limitation according to the statutory provisions.
For damages caused by intentional or grossly negligent breach of contract or fraudulent misrepresentation by PowChess, its representatives or its agents, the Developer shall be liable to the User without limitation according to the statutory provisions.
For negligently caused damage to property and financial loss, PowChess and its representatives or vicarious agents shall only be liable in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract. Any further liability is excluded.
11. Final provisions
Amendments and supplements to the contract must be made in writing. This also applies to this written form requirement. Additional verbal agreements have not been made. This contract is subject to the law of the Federal Republic of Germany without the reference regulations of international private law. The UN Convention on Contracts for the International Sale of Goods is excluded.
If the User is a consumer, mandatory protective provisions of the law of the state in which the consumer has his habitual residence shall remain applicable. If the User is a business person, the exclusive place of jurisdiction for all disputes in connection with this Agreement and its performance shall be Wiesbaden. The Developer may, at its discretion, also sue the User who is a business person at the latter's place of business. If the User is not a business person and does not have a registered office or place of residence in Germany or in the area of application of the EU Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the exclusive place of jurisdiction shall be Wiesbaden.
Should any of the above provisions be invalid in whole or in part, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace an invalid provision with a valid provision that comes closest to it in result and best corresponds to the purpose of the contract.
In the event of any inconsistency between the German and English versions of the GTCs, the German version shall prevail.