Below, you can find the Terms and Conditions for ChessMonitor's software, services, and products. Please read them carefully.

1. General

1. These Terms of Service ("Terms") are a binding agreement between you ("you", "user") and ChessMonitor UG (haftungsbeschränkt) ("we", "us", "ChessMonitor"). By using or accessing our services at chessmonitor.com you agree to these Terms.
2. Our legal details and contact information are available in our imprint: Impressum.
3. These Terms apply to the use of the software and services we provide via chessmonitor.com (the "Services"). If you do not agree to these Terms, do not use the Services.
4. By using the Services you confirm that you are legally competent to enter into contracts and that you accept these Terms. If you use the Services on behalf of another person or entity, you warrant that you are authorized to bind that person or entity to these Terms.

2. Definitions

1. "Services" means the software, websites, APIs and other online services we provide via chessmonitor.com.
2. "Paid Services" means any Services or features provided for a fee (subscription or one-off purchase).
3. "User Content" means any files, game data (e.g. PGNs), text, names, comments or other materials you upload or submit to the Services.
4. "Vendors" or "Third-party Services" means external providers we use (e.g. payment processors, OAuth providers).

3. Eligibility & Accounts

1. You must be at least 16 years old to use the Services without parental consent. If you are younger than 16, you may use the Services only with parental or guardian consent and subject to applicable law.
2. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately if you suspect unauthorized use of your account.
3. We may refuse registration, disable accounts, or suspend access where we reasonably suspect misuse, fraud, or breach of these Terms.

4. Scope of Services

1. We provide software and related online services accessible via chessmonitor.com. The exact functionality and features may change over time.
2. Services are provided "as is" and we do not guarantee uninterrupted availability, error-free operation, or that specific features will remain available.
3. We may add, modify, or remove features at any time. We also may suspend or discontinue Services in whole or in part without prior notice if required for maintenance, security, or other operational reasons.
4. We may integrate or interoperate with third-party services (for example OAuth logins like Lichess or Chess.com or payment providers). Use of third-party services may be subject to additional terms imposed by those providers, and we are not responsible for their availability, terms, or actions.

5. User Content & Data Rights

1. You retain all intellectual property rights in User Content that you upload.
2. By uploading User Content you grant ChessMonitor the worldwide, non-exclusive, transferable, sublicensable, and free right to use (host, transmit, display, modify, and reproduce) the data exclusively and to the extent necessary (i) for the purpose of providing the Service (including in particular the creation of backup copies) and the associated support, and (ii) to verify the Customer’s compliance with the provisions of this contract.
3. For content you mark as public, you agree that other users may view, share, and use that content according to the Service's public features. For content you mark private, we will not publish it except as necessary to operate the Services or as required by law.
4. You represent and warrant that you have all rights and consents necessary to upload and license User Content and that the content does not violate any third-party rights or applicable law.
5. Processing of personal data is governed by our Privacy Policy: Privacy Policy.

6. Fees & Payments

1. Access to basic functionality may be free. Paid Services (subscriptions) are described on our website and purchased through the checkout process.
2. Payments are processed by our payment provider Paddle.com Market Ltd ("Paddle") which acts as Merchant of Record. By purchasing Paid Services you agree to Paddle's terms and payment processing.
3. Subscriptions auto-renew at the selected billing interval (monthly or yearly) until cancelled. You may cancel your subscription at any time. Cancellation will take effect at the end of the current paid billing period (no pro-rata refunds). To avoid being charged for the next period, cancel at least 24 hours before the renewal date.
4. You remain responsible for canceling the subscription if you do not wish to renew.
5. We offer a 14-day money-back guarantee for Paid Services from the date of purchase. To request a refund within 14 days, contact us or use the cancellation form at cancellation form with the Cancellation Reason "Refund". Refunds are processed according to our refund procedures and applicable payment provider rules.
6. Except as stated above or as required by mandatory law, payments are non-refundable. If you dispute a charge with your payment method without first contacting us, we may suspend or terminate your access to Paid Services.

7. Acceptable Use

1. You agree to use the Services only for lawful and permitted purposes. Prohibited conduct includes, but is not limited to:
   1. any activity that harms, abuses, or interferes with the Services or other users
   2. attempts to gain unauthorized access to systems, bypass security, or reverse-engineer the Services
   3. uploading malware, spyware, or other malicious code
   4. scraping or automated extraction of data except where expressly allowed
   5. uploading or sharing content that infringes third-party intellectual property rights or privacy rights
   6. uploading unlawful, pornographic, defamatory, threatening, or otherwise prohibited content.
2. An attempt to engage in prohibited activity is treated as a breach of these Terms.

8. Termination & Suspension

1. You may cancel your Paid Service at any time as described in section 6.
2. We may suspend or terminate your access to the Services immediately if you materially breach these Terms, for security reasons, or for other good cause. In cases of severe or repeated abuse, we may terminate without notice.
3. If we terminate for non-breach reasons, we will use reasonable efforts to notify you and to avoid undue disruption. Any refunds (if applicable) will be handled according to section 6 and applicable law.

9. Intellectual Property

1. All rights, title and interest in and to the Services, including software, source code, designs, trademarks and logos, are and remain the exclusive property of ChessMonitor or our licensors.
2. Except for the license expressly granted in these Terms to use the Services, no other license or right is granted to you.

10. Liability & Warranty

1. The Services are provided "as is" and "as available". To the fullest extent permitted by applicable law, we disclaim all warranties, whether express or implied, including merchantability, fitness for a particular purpose, or non-infringement.
2. Our liability to users is subject to mandatory legal rules. For consumers, nothing in these Terms restricts statutory rights that cannot be excluded or limited under applicable consumer protection law.
3. Subject to the previous paragraph, our aggregate liability for damages arising out of or in connection with these Terms shall be limited to direct damages up to fees you actually paid to ChessMonitor for the Services in the 12 months prior to the event, capped at €100. We are not liable for indirect, incidental, consequential or special damages (including lost profits, lost data or business interruption), except to the extent such limitation is not permitted by applicable law.
4. We are liable without limitation for damages resulting from gross negligence or intent, and for liability under the Product Liability Act, and for injury to life, body or health.

11. Changes to Terms

1. We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice within the Services. Continued use of the Services after notification constitutes acceptance of the updated Terms.
2. If you do not agree with the updated Terms, you may terminate your account and cancel any Paid Services in accordance with section 8.

12. Governing Law & Jurisdiction

1. These Terms and any disputes arising out of or in connection with them are governed by the laws of the Federal Republic of Germany, excluding its conflict of law rules.
2. If you are a consumer (i.e., a natural person acting for purposes outside your trade, business or profession), you retain any rights afforded to you by the law of your country of residence. You may bring proceedings before the courts of your country of residence to the extent permitted by law.
3. If you are acting as a business (not a consumer), the exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms shall be the competent court at our registered office in Germany.

13. Final Provisions

1. If any provision of these Terms is or becomes invalid, the validity of the remaining provisions will not be affected. The invalid provision will be replaced by a valid provision that most closely reflects the economic intent of the invalid provision.
2. These Terms, together with the Privacy Policy (Privacy Policy) and any specific agreements you enter into with us, constitute the entire agreement between you and ChessMonitor regarding the Services.
3. Claims against us are not transferable without our prior written consent.
4. For cancellation of Paid Services or to exercise your refund rights please use our cancellation form: cancellation form. For questions, support or notices, contact us directly.