CHESSMATEC Terms of Use and End User License Agreement

​

The following are the terms and conditions for use of the ChessMatec Website and the ChessMatec Software (as defined below) provided for the website and services related thereto. Please read them carefully. BY CHECKING THE BOX “I HAVE READ AND AGREE TO THE TERMS OF SERVICE AND THE PRIVACY POLICY”, COMPLETING THE REGISTRATION PROCESS AND/OR USING THE WEBSITE OR THE SERVICES OR THE SOFTWARE, YOU ARE STATING THAT YOU READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE (the “Terms”).

 

For reference to our privacy practices, please refer to our Privacy Policy, available at available at http://www.chessmatec.com.

 

The Services

 

The services are offered to you subject to your acceptance and compliance without any modification of these Terms. Alterman - Chess in a new Way Ltd. (herein referred to as “we”, “us”, or “Company”) offers services for engaging in an online game that teaches chess to children via its websites http://www.chessmatec.com, www.shahmatec.co.il,    http://www.chessadmin.com (“Website”) and Mobile App ("the Software") . These Terms govern your access to and use of the Website, services, and the Software used in connection thereto (collectively with the Website, the “Service”). If you are using the Service on behalf of an organization, you accept these Terms on behalf of such organization and represent that you have the authority to bind such organization (and accordingly, “you” and “your” will refer to such organization). We reserve the right at any time and without any notice, to modify or change the Service, including by eliminating, modifying, limiting, or discontinuing any feature of the Service. Your continued use of the Service after such change will be deemed acceptance of such changes to the Service. Note: Some of the terms provided herein may be less relevant to visitors of our Website who are not registered users, however, all other provisions apply to all visitors and users entering using the Service.

 

Registration

 

You must provide truthful, accurate, and current information about yourself (including your email address) during the registration and account signup process (the “Registration Data”), and maintain and update your Registration Data so that it remains at all times accurate, complete, and updated. The truthfulness and accuracy of such information are your sole responsibility.

 

As part of the account set-up and registration process, you will choose a login and a password. You will be solely responsible for maintaining the confidentiality and use of your password, and agree not to transfer your use of, or access to, the Service to any third party. You are fully and solely responsible for any and all activities that occur through your account. You may only use your account to access the Service, and any use of another’s user’s account may lead to revocation of your account. We cannot and will not be liable for any loss and/or damage resulting from any use of your account which is unauthorized. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security and to simultaneously reset your password.

​

Trainer/Teacher Responsibility and access to data

 

If you are a school, a representative of a school (e.g. a teacher), or a private chess trainer, wishing to use the Service for the benefit of your students, and you want to allow your students to use the Service, please ensure that you comply with the following guidelines and instructions:

(i) You are responsible for opening and maintaining the accounts for your students. We strongly recommend not to use your students' personal information (e.g. full name, ID number, phone number) when creating their accounts.

 

(ii) By submitting your students' information to ChessMatec, you expressly grant, and you represent and warrant that you have all rights necessary to grant to us a non-exclusive, royalty-free, worldwide license, during the term of these Terms, to use, transmit, distribute, modify, reproduce, display, create derivative works of, and store the student's data (and all User Content), as detailed in these Terms, and specifically, for the purposes of (i) providing the Service as contemplated in these Terms, and (ii) enforcing our rights here under.

 

(iii) Pursuant to the Children’s Online Privacy and Protection Act (“COPPA”), in the United States we are required to obtain clear and verifiable parental consent before receiving personal information from children under 13. Because ChessMatec provides the Service to you, for the benefit of your students, we rely on you to obtain and provide appropriate consent, if needed, to collect student information. You hereby represent and warrant that you have the full authority and rights to provide such consent to collect information from your students before allowing students under 13 to access the Service, and that you have provided appropriate disclosure to students and their parents for sharing the student's information with us. When obtaining such consent, you must provide parents with a copy of these Terms and of our website's privacy policy. You must keep all consents on file and provide them to us upon request.

If you are a child under the age of 13, we may need the consent of your parents or legal guardian prior to allowing you to use the Service. In addition, you may not be able to register to the Website and/or to use all the features of the Service.

 

Via the Service back-office management system, users of the Service (or their parents/guardians/ as applicable) may access statistics and other data about their own use of the Service. Teachers or trainers shall have access to data and statistics about their students' activity within the Service.

Intellectual Property and License to the Service

 

The Service and the Software and all Intellectual Property Rights in the Service and Software are, and shall remain, our exclusive property (except for portions in which we may have used third-party works under an applicable license). All rights in and to the Service and Software are hereby expressly reserved and retained by us without restriction, including, without limitation, our right to sole ownership of the rights in the Software and documentation, logos, trademarks, images, text, graphics, illustrations, audio, videos, music, chess puzzles, chess teaching materials, and trade secrets. You are only granted a limited license to access and use the Service as detailed in Section 2 above.

 

Subject to and conditioned upon your acceptance of these Terms and your ongoing compliance with these Terms, we grant to you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service and the Software solely for your own personal use.

Your license of, use of, and access to the Service is conditioned upon your compliance with these Terms, including without limitation, the following Rules of Conduct.

 

“CHESSMATEC”, the Company’s logo and other graphics, logos, and service names are trade names and trademarks of the Company. Such trademarks may not be used in connection with any product or service that is not our product, or in any manner that disparages or discredits the Company. You agree to refrain from doing (and from assisting any third party to do) the following: (and not to allow any third party to): (a) use the trademarks, trade names, service marks, logos, domain names, and other proprietary rights associated with the Service for any purpose without our express written consent; (b) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other proprietary rights associated with the Company; or (c) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service or the Software.

 

In case you believe that your intellectual property rights have been infringed by the Service or within the Software, please contact us at info@chessmatec.com with all pertinent information, and we will review and handle your complaint promptly.

 

Rules of Conduct

 

You may not use the Service for any illegal or unauthorized purpose, nor violate any applicable laws (including, but not limited to, copyright and privacy laws). You are solely responsible for any and all activities that relate to your account. Without derogating from the above, you may not use the Service in connection with any content (“Account Content”) that is illegal (in any applicable jurisdiction), or may infringe or promote the infringement of any copyright, patent, trademark, service mark, trade secret, moral right, or other intellectual property or proprietary right of any third party. We may terminate your access to and use of the Service immediately if you fail to comply with the above rules.

 

You will not, nor will you allow any third party to (i) copy, distribute, modify, adapt, translate, or otherwise create derivative works of the Service in any medium; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service, or the software used by us to operate the Service; (iii) rent, lease, sell, sublicense, assign or otherwise transfer rights in or to the Software or the Service; (iv) remove any proprietary notices or labels on the Software or placed by the Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service. You will use the Software and Service solely for your own internal use and will not make the Software or Service available for time sharing, application service provider or service bureau use. You will comply with all applicable laws and regulations in your use of and access to the Software and Service. The license will expire immediately upon failure to comply with these Terms. Upon such expiration, you must destroy all originals and copies of the Software and so certify in writing to us within 5 business days of termination and cease any further use of the Service.

Term and Termination; Consequences of Termination

 

You may cease using the Service at any time. We may terminate, modify or change the Service at any time, and without providing any prior written notice. We may also permanently or temporarily suspend and deactivate your account and/or your access to use the Service for any reason (without an obligation to provide you with such reason), and you shall not have any claim, demand or assertion towards us.

 

Any violation of these Terms may result, inter alia, in termination of your ability to access and use the Service. If you default in the performance of any of your obligations under these Terms we may immediately, without derogating from any other right we may have under these Terms and/or any applicable law, deactivate or suspend your account and/or your access to and use of the Service or any portion thereof and/or terminate these Terms. We shall not be liable to you or to any third party for any termination of your access to the Service.

 

Upon expiration or termination of these Terms for any reason, all rights granted to you hereunder shall immediately terminate. The expiration or termination of these Terms shall not relieve you or us of any obligation intended to survive under these Terms.

Fees and Payments

​

When you commence the paid subscription plan, you shall be charged in advance the fees detailed under the specific plan, as specified within the Service (“Fees”). The Fees are for the right to use the Service during the term specified under the specific plan and do not include any other services. Unless otherwise explicitly detailed in these Terms, all amounts owed to the Company are non-cancellable, and Fees paid are non-refundable.

The Fees shall be due and payable immediately and as a condition to commence the use of the Service.

All fees payable hereunder, do not include local, state, or federal sales, use, excise, personal property, VAT, or other similar taxes or duties, including, without limitation, any withholding tax, and any such taxes, to the extent legally applicable, shall be borne and paid by you. For the avoidance of doubt, you shall not be responsible for any payment of taxes based on the Company's net income.

The company may use various external billing service providers. When using such a provider’s services, you agree to follow and comply with the policies of such an external provider.

 

Cancellation and refunds

​

Our policy for providing refunds is as follows:

Within 48 hours from payment: You may be able to get a refund depending on the details of the purchase.

After 48 hours from the payment: Contact us at help@chessmatec.com to find out if you can get a refund. You can only use a refund once. If you buy it again you will not be able to get a refund. If a refund is issued, you will lose access to the Service you paid for.

 

Auto-renewal – When you make payments for a subscription, you automatically choose auto-renewal for the same subscription plan. If you wish to change that, you can do so by accessing your profile within Chessmatec.

 

In any event, if you believe you are entitled to a refund under the laws of your jurisdiction, or for any other reason, you are welcome to contact us at help@chessmatec.com.

Indemnification

 

You hereby agree to indemnify, defend, and hold us, and our directors, officers, employees, consultants, agents, and other representatives, harmless from and against any and all damages, costs, expenses, obligations, losses, liabilities, and debts related to or arising out of (including reasonable attorneys’ fees): (a) your breach of these Terms; (b) any misuse of your account by you and any third party on your behalf, (c) any breach of your representations and warranties set forth herein; (d) infringement of any third party Intellectual Property Rights.

 

Disclaimer of Warranties

 

YOU UNDERSTAND AND AGREE THAT THE SERVICE AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SERVICE PROVIDERS, AGENTS, AND SUB-CONTRACTORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

WE, OUR SERVICE PROVIDERS, AGENTS AND SUB-CONTRACTORS DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED AND AVAILABLE EVERYWHERE; OR (C) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICE SHALL BE FOR CHESMATEC TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SERVICE.

 

Limitation of Liability

 

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, LOST PROFITS, OR OTHER INTANGIBLE LOSSES), UNDER ANY THEORY OF LAW INCLUDING UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, BREACH OF ANY STATUTORY DUTY, OR OTHERWISE ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE). Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.

YOU FURTHER AGREE THAT WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH LOSS OF DATA, ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, COMMUNICATIONS LINE FAILURE, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF EITHER US OR OUR SUB-CONTRACTORS AND SERVICE PROVIDERS, ALL IN IRRESPECTIVE OF THE THEORY UPON WHICH ANY CLAIM MAY BE BASED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES PROVIDED DURING THE THREE (3) MONTHS PRECEDING THE CIRCUMSTANCES FIRST GIVING RISE TO THE CLAIM OF LIABILITY.

 

Links to external and third-party resources ​

​

We may provide hyperlinks to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that we shall not be responsible for the availability of such sites or resources, nor shall we be responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. When you access these third-party websites you do so at your own risk, and you should refer to each such website’s individual “Terms of Service” and not rely on these Terms in any way.

You acknowledge that the Service uses and/or contains certain software, products, and services that were developed and owned by third parties, the use of which is governed by the terms and conditions of such third parties ("Third Party Products and Services"). Accordingly, Customer agrees that we will not be responsible for such Third Party Products and Services nor for any error, malfunction or defect in the Service resulting therefrom.

 

​

Miscellaneous

 

No waiver by the Company of any default shall be deemed a waiver of any prior or subsequent default of the same or other provisions of these Terms, nor shall any delay or omission on the part of the Company to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision, and such invalid provision shall be deemed to be severed from these Terms. We may freely assign our rights and responsibilities hereunder without notice to you. These Terms are not assignable, transferable, or sublicensable by you except with our prior written consent.

These Terms are a contract between you and the Company. The Terms constitute the entire understanding between you and us, and revoke and supersede all prior agreements between us, and are intended as a final expression of our agreement. These Terms shall take precedence over any other documents that may be in conflict therewith. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right at any time to modify these Terms. Any such modification will be effective immediately upon notice to you (or if otherwise stated in the notice), which we may provide by any means including, without limitation, posting the amended Terms on our website or by sending an electronic mail to you. Your continued use of the Service after the effective date of any such modifications will be deemed acceptance of such modified Terms.

These Terms shall be construed in accordance with and governed for all purposes by the substantive laws of the State of Israel without regard to its conflicts of law provisions. You agree that any claim or dispute you may have against the Company and its affiliates, directors, officers, employees, and representatives must be resolved by a court located in Tel-Aviv, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts, and no other court or judicial instance shall have the power to hear any dispute in connection with this Agreement.

​

Any notice regarding these Terms of Service should be sent to info@chessmatec.com

 

Updated: 25/7/2024