We, the folks behind ChessMonitor.com, are on a mission to develop the best application for analyzing chess games.

These Terms of Service (”Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions.

It is your responsibility to understand the document before agreeing to it. If you don’t agree to these Terms, don’t use our services.

1. General

1. This text sets forth the general terms and conditions between you and ChessMonitor. Please read these Terms of Service carefully. The terms govern all uses of ChessMonitor's services and products.
2. The contract is entered exclusively to the following terms and conditions. Deviating terms and conditions of the other party shall not become part of the contract even if we do not expressly object to them.
3. We reserve the right to change these terms and conditions and to add new or additional provisions. In such cases, you will be informed of the relevant changes at least in textual form. You confirm them by the next use of the services or products after receiving that information. Changes and amendments shall become effective immediately upon confirmation. In case of non-acceptance of the changes, ChessMonitor may withdraw from the contract or terminate it at any time and without giving further reasons; it is also noted that subscriptions and/or contracts will not be renewed.

4. Definitions

   The following terms shall always be understood and read appropriately within these Terms of Service.

   1. “We” or "ChessMonitor": Always refers to the Company ChessMonitor UG (haftungsbeschränkt).
   2. “You”: Refers to the person or company with whom ChessMonitor enters into the contract.
   3. “Software” or “Services”: refers to all digital services provided by ChessMonitor, especially ChessMonitor.com (software as a service).
   4. “Vendors”: all persons and companies which ChessMonitor uses to fulfill its contractual obligations.
   5. “Users”: persons, companies, and corporations who use our software for their activities.

5. Conditions of Use:

   By using our software you declare that you are legally competent and that you accept these Terms of Service, to the extent possible under applicable law, as written and without deviation.

2. Description of Services

1. To the extent that the Software is provided to you free of charge, the agreement between you and us shall be classified as a loan agreement.
2. The use of our software is granted to you as is. We make every effort to ensure that our software is permanently available to you, but we nevertheless cannot promise uninterrupted availability. Total or partial unavailability is possible.
3. We may change features or the software as a whole at any time. Therefore, you are advised that the Software may lose features that are essential to your use, even without prior notice.
4. In the case of gratuitous transfer of use, we can discontinue the availability of our software at any time and without giving reasons.
5. We may use vendors to fulfill our performance obligations.

3. Contract

1. You may terminate the contract at any time. This must be done at least one day before the billing date for contracts subject to payment. If you have given notice of termination, the termination shall take effect at the end of the billing period.
2. We may terminate the contract with you at the end of the billing period without stating any reasons.
3. We reserve the right to withdraw from the contract effective immediately if circumstances arise that make it untenable for us to maintain the contractual relationship. Such circumstances exist if you have been in breach of contract, including breaches of these terms and conditions, or if you have provided incorrect information to us.
4. We also reserve the right to withdraw from the contract with immediate effect if you or your behavior is otherwise evidently damaging to us or our interests. This is especially the case if you do not take our interests and assets into consideration or do not inform us about circumstances relevant to the contract.
5. In the event of the corresponding dissolution of the contract, we will try to inform you about it as early as possible, so that you can make the necessary arrangements. However, in particularly urgent cases and considering the circumstances of the individual case, this may not be possible.
6. If circumstances justifying immediate termination of the contract on our part arises or facts suggest that such circumstances exist, we reserve the right to temporarily block your access to our software. In such a case, we will make every effort to investigate the circumstances as quickly as possible and, if necessary, reactivate your account.
7. We make every effort to ensure that the relevant information about purchase-relevant features (especially price, scope, and duration) is correct. However, we reserve the right to reject your contract offer in case of incomplete or incorrect information or, in case of a contract conclusion within two weeks from the conclusion of the contract, to adjust the contract accordingly. You will be informed about this contract adjustment at least in text form. Should you not agree with the contract adjustment, you can terminate the contract free of charge or withdraw from it, and no charge will be made for any services already received. If you are not available or do not react in any other way to the contract adjustment, the contract will be automatically terminated by us.

4. Fees, Payments, and Renewal

1. By using a Paid Service, you agree to pay the specified fees. For recurring fees (AKA subscriptions), your subscription begins on your purchase date, and we’ll bill or charge you in the automatically-renewing interval (such as monthly, or annually) you select. You are able to cancel at anytime up to one day before the renewal takes place. You can cancel by either a) contacting our support team or b) cancelling via your account subscription page.
2. You must provide accurate and up-to-date payment information. By providing your payment information, you authorize our payment provider Paddle.com Market Ltd. to store it until you request deletion. If your payment fails, we suspect fraud, or Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), we may immediately cancel or revoke your access to Paid Services without notice to you. You authorize our payment provider Paddle.com Market Ltd. to charge any updated payment information provided by your bank or payment service provider (e.g., new expiration date) or other payment methods provided if we can’t charge your primary payment method.
3. By enrolling in a subscription, you authorize our payment provider Paddle.com Market Ltd. to automatically charge the then-applicable fees for each subsequent subscription period until the subscription is canceled. If you received a discount, used a coupon code, or subscribed during a free trial or promotion, your subscription will automatically renew for the full price of the subscription at the end of the discount period. This means that unless you cancel a subscription, it’ll automatically renew and we’ll charge your payment method(s). You must cancel at least 24 hours before the scheduled end date of any subscription period. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates.
4. You can view your renewal date(s), cancel, or manage subscriptions in your subscription settings page or by contacting the support team.
5. Upon Cancellation, you keep access to premium content and features until the end of your current billing period. No further charges will be made to your payment method unless you choose to resubscribe.
6. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.
7. We do not provide refunds, all payments are final. As we are providing digital content, you agree that any purchase of digital content will be made available to you immediately and as a result you waive any right of withdrawal to such content. In exceptional cases, refunds are approved on a case-by-case basis. If you believe that your case is such an exception, please contact us.

5. Your obligations & responsibilities

1. You guarantee that as long as you work with us, our software, or in any other way with products, persons, companies, etc. connected with us, you will fully comply with applicable law.
2. In the course of your work with our software, you may come into contact with data that is protected as intellectual property (e.g. copyright). You hereby declare that you will not violate any corresponding rights. You may not copy, upload, download, or otherwise share or distribute protected data and files while using our software. Only you - not us - are fully responsible and liable for any such actions taken by you. If you wish to use data to which you do not have a right, you must first obtain the appropriate permissions from authorized parties.

6. Rules for the use of services or products

1. You agree that you will not abuse our software and that you will use it only within the intended manner of use (“Usage Rules”).
2. Any other use will constitute a material breach of these Terms. We reserve the right to monitor your use in this respect to ensure that your use complies with the Rules.

3. The following usage behavior is strictly prohibited:

   • Which has the purpose and/or intent to harm us, the Software, or a third party;
   • Which tests or compromises the stability, integrity, or security;
   • Which bypasses security mechanisms;
   • Which purposefully harms another user or interferes with or restricts another user's use of the Services and Products;
   • Which copies, modifies, adapts, disassembles (including, but not limited to, “reverse engineering”), or otherwise attempts to disclose or obtain ideas or algorithms from underlying non-public computer code;
   • Which includes any kind and use of malicious software (malware, spyware, etc.);
   • Which involves accessing or searching data in other than explicitly public interfaces (e.g. so-called “scraping”);
   • Which is clearly harmful to our business and or was clearly not intended to be;
   • Which violates applicable law;
   • Which violates any copyright law;
   • Which involves the upload, publication, or distribution of illegal, fraudulent, pornographic, false, derogatory, defamatory, threatening, obscene, abusive, sexual, violent, or otherwise infringing material;
   • Which includes the uploading, posting, or distribution of health information, otherwise private and intimate information, confidential, proprietary information, school and educational information covered by “FERPA”, and any other information to which you are not entitled.
4. Even an attempt of such usage constitutes an act in violation of this Agreement.

7. Limitation of Liability

1. In no event will ChessMonitor, or its vendors be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ChessMonitor under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. ChessMonitor shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
2. For European Users: If we cause damage to you and you are a consumer in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. ChessMonitor isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. You and we agree that we and our affiliates’ total liability is limited to the amount paid by you to use our Services during the 12 months preceding the claim; To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and vicarious agents.
3. In the case of the gratuitous transfer of use (loan), we shall only be liable for intentional or gross negligence.

8. Jurisdiction and Applicable Law

1. These terms and conditions, as well as all other relationships and contracts you maintain with us, are subject to German law. Only German law is applicable. The place of jurisdiction is the correspondingly responsible court of our company headquarters in Germany.

9. Further Provisions

1. Should individual provisions of this contract, including the terms and conditions, be wholly or partially in breach of statutory law or be void or ineffective for other reasons, the validity of the remaining provisions shall remain unaffected.
2. Subsidiary agreements must be made in writing to be valid.
3. Claims you have against us cannot be transferred.

Last Updated: May 23rd, 2024