ChessMend — Terms of Use & Licence Agreement

Plain-English summary (not a substitute for the terms below): ChessMend is licensed to you, not sold. Use it on your own computer, don't resell or reverse-engineer it, and understand it's a training aid — it can't guarantee your rating will go up. Nothing in these terms takes away the rights you have under the Australian Consumer Law.

These Terms of Use and the End-User Licence Agreement ("Terms") are a legal agreement between you and E-Leader ("ChessMend", "we", "us"), the operator of chessmend.com and the ChessMend software (the "Software"). By downloading, installing or using the Software, you agree to these Terms. If you don't agree, don't install or use it.

1. Licence grant

When you obtain a valid licence, we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the Software for your own personal chess training, on the number of computers your licence tier allows. A personal licence is for a single individual's use; a Coach / multi-seat licence covers the number of activations agreed in writing.

2. Trial and free tier

The free trial provides the full Software for a limited period (currently 14 days). After the trial you may purchase a licence or continue using any limited free ("Lite") mode we make available. We may change the trial length or Lite mode limits for future users.

3. What you may not do

Copy, sell, rent, sub-licence, distribute or publish the Software, or make it available to others as a service.
Reverse-engineer, decompile or disassemble the Software, except to the extent this restriction is prohibited by law.
Circumvent, disable or tamper with licensing, activation or usage-limit features, or share licence keys.
Use the Software to break the terms of service of chess.com, lichess.org or any other third-party service.

4. Licences, activation and subscriptions

The Software uses online activation and a signed licence to confirm your entitlement. To do this we process limited licensing information (see the Privacy Policy). Annual licences renew or lapse on their term; lifetime licences are one-time purchases. If a licence is obtained fraudulently or these Terms are breached, we may suspend or revoke it.

5. Updates

We may release updates from time to time. Updates are included while your licence is active, and for the life of a lifetime licence. We are not obliged to maintain or update the Software indefinitely, but we won't deliberately disable a lifetime licence you've paid for.

6. Third-party components

The Software includes the Stockfish chess engine, which is free software distributed under the GNU General Public License version 3 (GPLv3). Stockfish is used as a separate program via the standard engine protocol; your rights in Stockfish are governed by the GPLv3, a copy of which is provided with the Software, and its source code is available from the Stockfish project. Other bundled assets (such as piece artwork and the .NET runtime) are used under their respective licences. ChessMend's own application code is not covered by the GPL and remains our property.

7. Intellectual property

We (and our licensors) own all rights in the Software and the ChessMend name and branding, except for the third-party components noted above. Your imported games, analysis and puzzle data created on your computer belong to you.

8. No guarantee of results

ChessMend is a training tool. Chess improvement depends on many factors outside our control. We do not promise, and you should not expect, any particular improvement in rating, results or skill from using the Software.

9. Consumer guarantees (Australia)

This is important and can't be excluded. Our Software comes with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Among other things, you are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Software repaired or replaced if it fails to be of acceptable quality and the failure does not amount to a major failure. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the ACL or any other law that cannot lawfully be excluded.

10. Disclaimers and limitation of liability

Except for the consumer guarantees and any other rights you have under laws that cannot be excluded (see section 9), and to the maximum extent permitted by law: the Software is provided "as is"; we exclude all other warranties, express or implied; and our total liability to you arising out of or in connection with the Software or these Terms is limited, at our option, to re-supplying the Software or refunding the amount you paid for it. To the extent permitted by law, we are not liable for indirect, incidental or consequential loss, or for loss of data, profits or goodwill.

11. Termination

These Terms apply while you use the Software. We may suspend or end your licence if you materially breach these Terms (for example, by tampering with licensing or breaching section 3). On termination you must stop using and remove the Software. Sections that by their nature should survive (including 6, 7, 9, 10 and 12) continue after termination.

12. Governing law

These Terms are governed by the laws of New South Wales, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that state. This does not deprive you of the protection of any consumer laws that apply in the place where you live.

13. Changes to these Terms

We may update these Terms for future downloads and purchases. The version that applied when you obtained your current licence continues to govern that licence, except where a change is needed for legal reasons or to protect users. The current version always lives at this address.

14. Contact

Questions about these Terms? Email hello@chessmend.com, or write to E-Leader, [TODO: add registered business address], Australia.

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