Terms and Conditions

Applied Computer Concepts Ltd ("we", "us", "our") is a software company based in the UK primarily selling licenses to use our chess products, data and services ("Software") through the website www.hiarcs.com ("Website") operating under the brand name HIARCS. These are the Terms and Conditions that apply when purchasing a license, downloading or using our products or services. Please read them carefully before placing an order, downloading or using our products and services and retain them for your future reference. By purchasing a product license or downloading or using our products and services you ("You", "Your") hereby accept to be bound by these Terms and Conditions.

These Terms and Conditions are effective from 16th October 2024. We are compliant to the best of our knowledge with the EU General Data Protection Regulation (GDPR) and the Privacy and Electronic Communications Regulations (PECR) and follow the guidance of the UK Information Commissioner's Office (ICO). You can read our Privacy Policy here.

Please note we use a Merchant of Record called Paddle, a global eCommerce company based in the UK, who handles payment processing, tax compliance, invoicing, and acts as the legal entity in the transaction to purchase a license to use our Software. Please read the Paddle Terms of Sale that govern the transaction to purchase a license to use our Software sold through Paddle. Applied Computer Concepts Ltd are responsible for the Software and provide the customer support for that Software.

Applied Computer Concepts Ltd reserves the right to alter these Terms and Conditions from time to time by posting an update on our Website. The Terms and Conditions are subject to laws of the United Kingdom. If any term in these Terms and Conditions is deemed unlawful, void or for any reason unenforceable then that term shall be severable and shall not affect the validity and enforceability of the remaining Terms and Conditions.

About Applied Computer Concepts Ltd and HIARCS

Applied Computer Concepts Ltd was established in 1991 and is registered with the UK Government at Companies House (registration number 02622033) and is in Good Standing. Companies House is the United Kingdom’s registrar of companies.

Applied Computer Concepts Ltd. is also registered (registration reference A8286364) with the UK Government Data Protection organisation known as the Information Commissioner's Office (ICO).

Applied Computer Concepts Ltd. has for over 30 years held a strong reputation for providing world class chess software to chess players and enthusiasts. Our principle activity is the development of high quality chess software under the brand name of HIARCS and associated chess services and data.

License Grant

Our Software is licensed, not sold. In consideration of the license fee paid to Applied Computer Concepts Limited or its affiliates or suppliers, Applied Computer Concepts Limited grants You a personal, non-commercial, non-exclusive, non-transferable, non-sub-licensable, non-assignable, revocable limited license to use the Software on any single device at one time for Your personal use.

Please note our products like HIARCS Chess Explorer and HIARCS Chess Explorer Pro include three activations of the product for Your personal use as the licensee. You can also deactivate a license so You can upgrade Your computer.

Each activation can only be used on one device at a time by the same user.

The license may not be used simultaneously on more than one device or by more than one individual.

You are purchasing a license to use the Software only, Your purchase of a License does NOT constitute a transfer of ownership of the Software itself to You, the Software shall remain the sole and exclusive property of Applied Computer Concepts Limited at all times, subject to Your rights of use set forth in our Terms and Conditions and the End-User License Agreement ("EULA") included with each product or service. You must agree to the EULA to install our software products.

A license can be revoked for violation of the EULA, misuse and non-payment of the license fee.

Nothing in these Terms and Conditions affects Your statutory rights as a consumer under the laws of England.

Payment and Delivery

Paddle handles the payment processing and the VAT/Tax applicable in the Customer region.

The complete transaction results in an email containing a download link and activation license as applicable being emailed to You, the customer, to unlock the product.

If you do not receive the delivery email please contact the HIARCS Support Team by email here: . Our support team will resolve the issue quickly.

We are responsible for our products and services and we provide the customer support for those products and services by email.

Refund Policy

If You experience an issue with our software that our support team cannot resolve, we will provide a refund within 14 days of purchase.

Please contact the HIARCS Support team about refunds by email here:

Please note Paddle have their own refund policy that You can read in the Paddle Terms of Sale.

Customer Support

We provide detailed customer support, You can contact the HIARCS Team by email here:

Intellectual Property Rights

Our Software and data is owned by Applied Computer Concepts Limited and is protected by British copyright laws, international copyright treaties as well as other intellectual property laws and treaties. Applied Computer Concepts Limited retains all intellectual property rights in our Software and data. Copyright (c) 1991-2024 Applied Computer Concepts Limited. All rights reserved worldwide.

All purchases are for a license to use the Software only, Your purchase of a License does NOT constitute a transfer of ownership of the Software itself to You, the Software shall remain the sole and exclusive property of Applied Computer Concepts Limited at all times, subject to Your rights of use set forth in our Terms and Conditions and the End-User License Agreement ("EULA") included with each product or service. You must agree to the EULA to install our software products.

You must not rent, lease, distribute, sublicense or otherwise transfer the Software to any third party. You may not reverse engineer, translate, decompile, disassemble, modify, adapt or create derivative works of the Software.

You must not circumvent copy protection or activation measures.

Unauthorised copying of the Software in whatever form is expressly forbidden, except that You may make backup copies of the Software solely for backup purposes. Backup copies may not be used to run the software on a separate device simultaneously. You may not copy, reproduce, republish, upload, post, transmit, host, resell or distribute the Software in any way whatsoever.

Disclaimer of Warranties and Limitation of Liability

To the fullest extent permitted by applicable law, Applied Computer Concepts Ltd's total liability to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising out of or in connection with the use of the Software or these Terms and Conditions, shall be limited to the amount of the license fee You paid for the Software.

This limitation of liability applies to all claims for direct damages. Applied Computer Concepts Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, loss of business, loss of data, or loss of goodwill, even if We have been advised of the possibility of such damages.

In all cases, Applied Computer Concepts Ltd's total liability shall be strictly limited to the amount of the License fee paid, except where liability cannot be excluded by law.

Termination

Your rights under these Terms and Conditions may be terminated or suspended by Applied Computer Concepts Limited immediately for violation of the Terms and Conditions, EULA or misuse of the Software. In the event of termination, we will notify you via email. Upon termination, you must destroy any and all copies of the Software in your possession and You must cease using the Software and Services. Any termination under these Terms and Conditions shall not affect Applied Computer Concepts Limited's rights hereunder.

Upon termination, You must immediately cease using the software, and all rights granted under the license will be revoked. Applied Computer Concepts Ltd may take steps to deactivate the license or prevent further access to the software.

Force Majeure

Neither Applied Computer Concepts Ltd nor any of its affiliates or suppliers shall be liable for any failure or delay in performance of any of its obligations under these Terms and Conditions if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, health emergencies, governmental responses to health emergencies, government restrictions, wars, terrorism, strikes or labor disputes, power failures, internet outages, cyber-attacks, interruptions in telecommunications or transportation services, or any other circumstances beyond our reasonable control ("Force Majeure Event"). Both parties will be excused from performance for the duration of the Force Majeure event.

In the event of a Force Majeure Event, Applied Computer Concepts Ltd will use reasonable efforts to notify You of the nature and expected duration of the Force Majeure Event and will make reasonable efforts to resume performance as soon as practicable. If the Force Majeure Event continues for a period of more than 60 days, either party may terminate the agreement with written notice, without further liability or penalty.

Privacy Statement

Your privacy is important to Applied Computer Concepts Ltd. and its brand HIARCS ("HIARCS" or "we" / "us"). We want to make sure that You have a positive experience of HIARCS products now and in the future. Protecting Your privacy and Your personal data is important to us.

You can read our Privacy Policy here.

Dispute Resolution

In the event of any dispute arising from or related to these Terms and Conditions or the use of our Software, both parties agree to attempt to resolve the matter first through good faith negotiation.

For disputes Applied Computer Concepts Ltd reserves the right to issue a full refund in lieu of engaging in further dispute resolution processes. Upon issuance of a full refund, the dispute will be considered fully resolved and no further claims or actions may be pursued in connection with that purchase, the license will terminate immediately, and any further use of the Software will be prohibited.

If the dispute cannot be resolved through negotiation, and no refund is offered, either party may pursue the matter through the Small Claims Court in England, provided the claim falls within the jurisdiction and limits of the court.

Nothing in this section shall prevent either party from seeking interim relief or pursuing claims in the courts of England, where applicable.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. Any legal actions or proceedings arising out of or in connection with these Terms and Conditions shall be exclusively brought in the courts of England.

If You are located outside the United Kingdom, You agree that any disputes arising under these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of England, and You waive any right to contest such jurisdiction.

If any provision is held to be invalid, illegal, or unenforceable, that provision shall be modified to the extent necessary to make it enforceable, while preserving its intent. Such provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms and Conditions shall remain in full force and effect. The invalidity or unenforceability of one part shall not affect the validity or enforceability of any other part of this agreement.