TOS Addendum
These terms are specific to the purchase and use of software developed by Equalize Digital, Inc. (the “Company”) and should be considered an addendum to the Company’s Terms of Service. In purchasing software from Company, you (the “Client) agree that you have read, understood, and agreed to be bound by the terms outlined in this addendum and also Company’s Terms of Service in their entirety.
GNU Public License
Unless otherwise stated, any software or software extensions developed by Company are licensed under the GNU Public License (http://www.gnu.org/licenses/gpl.html).
Software Warranty
There are innumerable combinations of themes, plugins, and extensions that can exist on a WordPress website. As such, Company sells and distributes software “as is” and makes no representation and extends no warranty of any kind to the software it develops. Company assumes no responsibility and will not be held responsible for any conflicts or compatibility issues that may occur due to third-party software, and for any loss, tangible or intangible, resulting from the installation and use of plugins and extensions it develops.
Support
Support is available only for Client(s) who have an active, paid license. We will provide instruction and/or supporting documentation regarding setup, configuration, and technical troubleshooting as it pertains to our software. Support and updates are granted for one year after the original purchase based on the license you have purchased. After one year is completed, the purchaser must renew their license in order to continue receiving support and updates for the items purchased. For purchases that include an automatically renewing subscription, support will be provided for as long as the subscription remains active. Company does not provide support for third-party software and may ask Client to disable third-party software to better assist. Company provides customizations and development assistance only to priority support customers.
Client(s) may request support in the following ways:
- Via standard support web form in Client’s account dashboard.
- Via “priority” support web form in Client’s Account dashboard (for PRIORITY support subscribers only).
- Calling Company’s “priority” support phone number (for PRIORITY support subscribers only).
- Scheduling a Zoom meeting via a booking link (for PRIORITY support subscribers only).
Company will make every reasonable effort to meet Client expectations, but does not guarantee that any particular support query can, or will be answered to the extent, or within a timeframe that the inquirer is completely satisfied.
Updates
Automatic updates are available to Client(s) who have an active, paid license. Unless otherwise specified in the software product description, automatic updates are available for all software developed by Company.
License Usage
Company grants to Client one or more non-transferable license(s) to use the software for internal use, and as defined by the terms set in the Client’s chosen license package. Company will only provide support services to the original license-holder with a legitimate license key, and consider any other uses of this license key for support queries as fraudulent. Client may not sublicense, to any person or entity, any rights to distribute the software or license key.
Software Delivery
After Client successfully pays, the relevant software download(s) and license(s) will be made available in their account dashboard. Client can download the plugin by logging into the account created for them during the software purchase process. Client(s) experiencing any difficulty obtaining paid-for software or license(s) should contact Company for support immediately. Access to premium software features and the ability to re-download purchased files will be granted so long as your license key is valid. If a license key expires, access to the associated premium feature(s) and file download(s) will be discontinued until such time as the license key is renewed. This includes access to previous versions at the time of an active license.
Ownership
All plugins are the sole and exclusive property of Company. Claiming any type of intellectual or exclusive ownership rights of Company’s software products is strictly prohibited. Company shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses resulting from the installation and use of plugins and extensions it develops.
Content
All content found on this site and throughout the software including images, documentation, and any other information is property of Company and may not be redistributed without prior written authorization.
Price Changes
Company reserves the right to modify, change, cancel, or upgrade a plugin subscription and/or license key without prior notice or consent. Prices of all products are subject to change without prior notice or consent.
Subscriptions
Company’s software licenses are sold as automatically recurring subscriptions that renew each year on the anniversary of the purchase date. Subscriptions will automatically renew at the end of the annual license term unless Client cancels their subscription prior to the automatic renewal date. The license renewal will continue and remain valid for each one (1) year unless the subscription is canceled prior to the renewal date. Client may cancel their subscription at any time from their Account page on Company’s website. If a subscription is canceled, the license will expire on the anniversary of the original purchase, and Client will no longer have access to premium software features, automatic updates, software downloads, and support services.
Refunds
By purchasing software from Company, Client agrees to this refund policy and relinquishes any rights to subject it to any questions, judgment, or legal actions. Company is not liable for any differences in exchange rates between the time Client purchases and the time Client receives a refund. Refunds are issued at the sole discretion of the Company. Client is eligible for a refund if the following conditions are met:
- It is within thirty (30) days of the original purchase date.
- If on a “priority support” plan, no support time has been used.
- There is a serious issue with the software that makes it unusable for your organization.
- A detailed explanation of the issue is submitted to our support team for internal review.
- Client confirms in writing that they will deactivate and uninstall the software if a refund is granted.
Company may also send you occasional emails relating to software updates, sales or promotions, and other communications deemed appropriate by Company personnel. Company will never sell or release your email to any third party vendors. Client may opt-out of emails at any time without penalty.
End TOS Addendum.
