Terms of Service

Last updated July 31, 2026

These Terms of Service ("Terms") are a binding agreement between you and HereNow Labs, Inc. ("HereNow Labs", "we", "us", "our") and govern your access to and use of the Brilliancy mobile app, the Brilliancy website, and related services (together, the "Service"). By downloading, accessing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

These Terms contain a binding arbitration provision and a class action waiver in the "Dispute Resolution" section below. They affect your legal rights. Please read them carefully.

1. The service

Brilliancy presents notable moments from real grandmaster chess games for entertainment and educational purposes. There is no playable board in the product, and any intent to play links out to third-party services such as Chess.com. We may add, change, suspend, or discontinue any part of the Service at any time without liability.

2. Eligibility

You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you may use the Service only with the consent and involvement of a parent or legal guardian who agrees to these Terms. By using the Service, you represent that you meet these requirements and that you are not barred from using the Service under applicable law.

3. Accounts

You can browse without an account. If you sign in with Apple or Google, you are responsible for all activity under your account and for maintaining the security of your sign-in. You agree to provide accurate information and to notify us promptly at team@herenowlabs.xyz of any unauthorized use. We may refuse, suspend, or terminate accounts at our discretion.

4. Acceptable use

You agree not to, and not to help or permit anyone else to:

• Copy, scrape, crawl, harvest, or index content or data from the Service by automated means.
• Interfere with, disrupt, degrade, or place undue load on the Service or its infrastructure.
• Circumvent, disable, or probe any security or access control of the Service.
• Reverse engineer, decompile, or attempt to extract source code, except to the limited extent the law expressly permits despite this restriction.
• Use the Service to infringe intellectual property or other rights, or to violate any law or regulation.
• Resell, sublicense, or commercially exploit the Service or its content without our prior written consent.

5. Your feedback

If you send us ideas, suggestions, or other feedback about the Service, you grant HereNow Labs a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation or compensation to you.

6. Intellectual property

The Brilliancy name, logo, branding, original text, design, and software are owned by HereNow Labs, Inc. and are protected by copyright, trademark, and other laws. Chess game data shown in the Service originates from third parties, including Chess.com, and remains subject to their terms. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service for your own personal, non-commercial enjoyment. All rights not expressly granted are reserved.

7. Third-party services and content

The Service relies on and links to third-party services and content, including Chess.com, Apple, and Google. We do not control and are not responsible for third-party services or content, and your use of them is governed by their own terms and policies. Links and references do not imply our endorsement.

8. Copyright and DMCA

We respect intellectual property rights. If you believe content in the Service infringes your copyright, send a notice with the information required by the Digital Millennium Copyright Act (identification of the work, the material, your contact details, a good-faith statement, and a statement under penalty of perjury) to team@herenowlabs.xyz. We may remove infringing material and terminate repeat infringers.

9. Apple App Store

If you obtained the app through the Apple App Store, these Terms are between you and HereNow Labs only, and not with Apple. Apple has no obligation to provide support or maintenance for the app. Apple is not responsible for any product warranties, claims of non-conformity, product liability, or third-party intellectual property claims relating to the app, which are our responsibility to the extent set out in these Terms. You must comply with the Apple Media Services Terms and any usage rules in the Apple App Store Terms. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY ANALYSIS, EVALUATION, OR CONTENT SHOWN IS ACCURATE OR FREE OF MISTAKES. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HERENOW LABS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM OR ONE HUNDRED US DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless HereNow Labs and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.

13. Dispute resolution; arbitration; class action waiver

Please read this section carefully. It affects how disputes are resolved.

Most concerns can be resolved by contacting us at team@herenowlabs.xyz. If we cannot resolve a dispute informally, you and HereNow Labs agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered under the rules of a recognized arbitration provider, rather than in court, except that either party may bring an individual claim in small claims court. The Federal Arbitration Act governs the interpretation and enforcement of this provision.

YOU AND HERENOW LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding.

Your right to opt out. You may opt out of this arbitration and class action waiver by emailing team@herenowlabs.xyz with your name and a clear statement that you opt out, within 30 days of first accepting these Terms. Opting out will not affect any other part of these Terms.

14. Governing law and venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. To the extent any dispute is not subject to arbitration, it will be brought exclusively in the state or federal courts located in Delaware, and you consent to their personal jurisdiction and venue.

15. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including if we believe you have violated these Terms. You may stop using the Service at any time. Sections that by their nature should survive termination, including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution, will survive.

16. Changes to the service and these terms

We may modify the Service and these Terms from time to time. When we change these Terms, we will revise the date at the top of this page and, where appropriate, provide additional notice. Continued use of the Service after a change takes effect means you accept the updated Terms.

17. General

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full effect. Our failure to enforce a provision is not a waiver of it. You may not assign or transfer these Terms without our prior written consent, and any attempt to do so is void. We may assign these Terms freely. These Terms, together with the Privacy Policy, are the entire agreement between you and HereNow Labs regarding the Service and supersede any prior agreements. We are not liable for any failure or delay caused by events beyond our reasonable control.

18. Contact

HereNow Labs, Inc. Questions about these Terms can be sent to team@herenowlabs.xyz.