Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS APP

Table of Contents

1. Who we are and how to contact us

We, HDMac Ltd, license you the end user to use the HDMac Optimisation web-based application software for providing computer optimisation services on the Microsoft Windows operating system (App) and any updates or supplements to it as permitted in these terms.

We are registered in Scotland under company number SC830604 and have our registered office at Clyde Offices, 2nd Floor, 48 West George Street, Glasgow, United Kingdom, G2 1BP.

To contact us, please email: info@hdoptimisations.com

2. By using our App you accept these terms

By using our App, you confirm that you accept these terms of service (Terms) and that you agree to comply with them.

These Terms apply to the order by you and supply of services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

If you do not agree to these terms, you must not use our App.

We recommend that you print a copy of these terms for future reference.

3. Your privacy

Where you create an account with the App, we will process your personal data in accordance with our privacy notice which can be viewed here https://hdoptimisations.com/privacy.html. If you choose to access a third-party service or website following a recommendation within the App, you do so subject to that third-party’s terms of service and privacy obligations. We have no responsibility to you for how any third-party uses your personal data after you leave the App

4. System requirements

Operating System

Our App is designed to function optimally on the following Operating Systems:

  • Windows 10
  • Windows 11

Please note that while the App may work on other Operating Systems or older versions of the above-listed Operating Systems, full functionality and security cannot be guaranteed in such cases.

Performance and Compatibility

Users may experience varying performance levels depending on their device, and operating system. We continuously strive to ensure compatibility with the latest versions of the Microsoft Windows Operating System. Additionally, users must join our Discord server to initially gain access to the App.

Updates and New Versions

Users are advised to keep their application updated to the latest version for enhanced security, performance, and to enjoy the full range of features of our App.

5. Support for the App and how to tell us about problems

Support. If you want to learn more about the App or our services, or have any problems using them, please contact info@hdoptimisations.com

Contacting us (including with complaints). If you think the App is faulty, or wish to contact us for any other reason, please contact info@hdoptimisations.com

6. We may make changes to these terms

We amend these terms from time to time to reflect changes in law or best practice, or to deal with additional features which we will introduce.

If we change our terms, we will ask you to accept the updated terms when you next access the App.

If you do not accept the updated terms you will not be permitted to continue to use the App.

7. We may make updates to the App

From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. This may involve changes to, or removal of, certain features of the App and we are entitled to do so at any time for any for any reason.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and our services.

8. We may suspend or withdraw the App

We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our App through your internet connection are aware of these terms of service and other applicable terms of service, and that they comply with them.

9. We may transfer this Agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you by providing an update when you next access the App and we will ensure that the transfer will not affect your rights under the contract.

11. No rights for third parties

This Agreement does not give rise to any rights for third parties to enforce any term of this Agreement.

12. You must keep your account details safe

If you choose, or you are provided with, a user identification code, passkey or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or passkey, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of service.

If you know or suspect that anyone other than you knows your user identification code or passkey, you must promptly notify us at info@hdoptimisations.com

13. You must keep your account details safe

We are the owner or the licensee of all intellectual property rights in the App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

In return for you agreeing to comply with these terms, you may use the App for personal purposes only. You may not use the App for any commercial purposes.

You must be 18 years of age to accept these terms and use the App.

14. Licence restrictions

You agree that you will:

  • not use rent, lease, sub-license, loan, provide or otherwise make available the App in any form, in whole or in part, to any person without prior written consent from us;
  • not copy any part of the App or any information or documentation contained within it, except as part of the normal use of the App;
  • not translate, merge, adapt, vary, alter, or modify the whole or any part of the App, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
  • not use Hardware ID (HWID) spoofing software or any other means to translate, merge, adapt, vary, or modify your HWID in relation to the App;
  • not disassemble, de-compile, reverse engineer, or create derivative works based on the whole or any part of the App or our services, nor attempt to do any such things, except to the extent expressly permitted by applicable laws; and
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any of our services.

15. Acceptable use restrictions

You must:

  • not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these terms);
  • not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from the App or any of our services or our systems, or attempt to decipher any transmissions to or from the servers running the App or any of our services.

16. Charges and Payment

If you choose to subscribe to any of our paid services, these are the payment and billing terms that apply. Paid services and bulling may auto-renew unless you cancel. You may cancel at any time.

  • Payment Terms

    We offer certain paid services (Paid Services) for a fee. By signing up and using the Paid Services, you agree to our Terms and any additional terms and conditions provided here.

    By signing up for and using the Paid Services you agree to pay any fees or other incurred charges that apply to the Paid Services (such as ongoing subscription fees).

    When you sign up for the Paid Services, you must designate and provide information about your preferred payment method (Payment Method). This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect via automatic debit or ACH from your Payment Method the appropriate fees charged for the Paid Services and for any purchases you elect to make via the Services.

    Unless otherwise stated, all fees due for the Paid Services are payable in advance and will be billed automatically to the Payment Method at the start of the monthly Paid Service period. All purchases of Paid Services are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Paid Service.

  • Termination

    The price for Services shall be the price set out in on the App’s published price list as at the date of subscription.

    If you do not pay the fees or charges due for your use of the Paid Services, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Paid Services (and may do so without notice).

    You can cancel the Paid Services at any time. Once you have cancelled your Paid Services and received confirmation, no other changes can be made to your account. The cancellation of a Paid Service will go into effect at the date of your current billing cycle, and you will have the same level of access to the Paid Service through the remainder of such billing cycle. For example, if you are billed on a monthly basis and cancel during a given month you will be charged for the entirely of that month and maintain access to the Paid Service through the end of that month.

    There are no refunds for termination or cancellation of the Paid Service. If you no longer with to subscribe to a Paid Service, it is your responsibility to cancel your Paid Service in due time, regardless of whether or not you actively use the Paid Service.

  • Fee Changes

    To the maximum extent permitted by applicable laws, we may change our prices for Paid Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable Paid Service prior to the change going into effect.

17. Intellectual Property Rights

All intellectual property rights in and to the App, throughout the world, belong to us and the rights in the App and our services are licensed (not sold) to you. You have no intellectual property rights in or to the App or any of our services, other than the right to use them in accordance with these terms.

19. Our responsibility for loss or damage suffered by you

  • We only provide our App for domestic and private use. You agree not to use our App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

20. We may end your rights to use the App if you break these terms

We may end your rights to use the App at any time by blocking your access to the App if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

You must stop all activities authorised by these terms, including your use of the App.

You must immediately destroy any offline copies of the App which you have and confirm to us that you have done this.

21. How we may use your personal information

We will only use your personal information as set out in our privacy policy here.

22. If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

23. Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

24. Which country's laws apply to any disputes?

Please note that these terms of service, their subject matter and their formation, are governed by Scottish law. We both agree that the court of Scotland will have exclusive jurisdiction.