Terms Of Service
Last updated: 21 February 2024
All the Website Standard Terms and Conditions mentioned on this page, shall govern the use of this website, the content within and the product we offer. These terms and conditions are applicable in full force and take control of how you can use this website and our product.
The terms “we”, “us”, “our”, “PrestoWP” refers to us at PrestoWP and the products we are offering you. Similarly, terms like “users”, “you”, “your” refer to all our users and visitors surfing the website or using a product.
You must not use this website, if you have any objection to any of the Website Standard Terms and Conditions listed on this page.
WEBSITE REGISTRATION
By confirming to these terms and conditions, you accept that you will abide by the following eligibility terms. Moreover, in case if you are a part of a corporation, where the end-users as well as the employees and all the other members of the corporation who will be permitted to access the site and license the content and / or the product that is purchased should accept these terms and conditions.
Eligibility: You are eligible to enter into this agreement and:
- You were not prohibited by any law, judicial act or competent authority to enter into an agreement.
- You are an adult, or you have gained adequate consent from your parents / legal guardians to enter into this agreement.
- You were not previously prohibited by PrestoWP to enter into an agreement like this.
- You are not a resident of any prohibited state and you are not a member of any terror organization.
- If you are working on behalf of an organization, you hold all necessary permits to enter into an agreement.
Access: You cannot sell, rent, share or transfer your access to our website.
Acceptable Use: You shall use the product and services in its true form and refrain from any activity which may infringe, disrupt or delay services to the other users. You shall not use the services for any malicious activities such as sending spam, unsolicited messages, harass, stalk or threaten any other person or system. You shall not create any script, software, code or program which may impair, disrupt, diminish or add functionality to the services.
Verifying your Account: When registering for a product or service, PrestoWP may ask you to verify your identification through various means. If you have registered with an email ID, PrestoWP may send you a message to the same address that you’ve provided. This message may contain links or a list of information we’ll need to identify you as the sole owner of the email ID.
Securing Your Account: As a measure to keep our services and confidential information such as licenses, etc. safe, you are bound to secure your account with a strong password.
One Account Per Person: You are allowed to have only one account on our website. While each account is allowed to be used by a single user. If you are a part of an organization and own an account on behalf of it, you are allowed to grant access to a few employees. In this case, you will be held responsible for their behavior on our website.
Sharing an Account: You are strictly prohibited from sharing your account details with any third parties.
Abuse Notification: You are required to inform PrestoWP immediately, in case you get adequate information that your account has been hacked or if you get an information about the unauthorized usage of your account.
WEBSITE SERVICES
The services provided by PrestoWP as on this day are as mentioned below. PrestoWP holds complete authority to add or deprecate any services according to its sole discretion without any prior notice.
Online Store: PrestoWP shall allow you to purchase licenses through the online store. Any item shall be sold under a specific license and each item you purchase will be associated with unique license key.
Updates: PrestoWP may provide you with updates for the product offered. These updates can be implemented with your discretion, by updating the files and database on your server.
License Key: By purchasing our product, you are granted a revocable, non-exclusive, non-transferable license to use on your own website and on websites of your customers provided that such use is limited to websites that you have created. This license key, which is the property of Brainstorm Force, enables access to certain benefits including automatic updates, developer support, and additional resources for the product.
Any unauthorized sharing of the license key with third parties, redistributing or reselling the license key is strictly prohibited and will result in the termination of this license. In addition, our products are not to be used in connection with “Installation Services” or “Setup Services,” as these are strictly prohibited and violate the terms of this license. Any such unauthorized use will result in the termination of this license.
Knowledge Base: PrestoWP shall provide certain manuals, articles, and tutorials that will help you use the licensed product. Most of these are available free of cost, while PrestoWP holds the authority to charge for some additional documents.
PAYMENTS
For all the services and products offered by PrestoWP, you will have to pay the specified fees as published on the respective websites from time to time. The payment shall be made via different available payment modes and in any case where you purchase a subscription, the billing shall be made under a recurring subscription.
PrestoWP may from time to time determine or update the pricing for particular products and services.
All PrestoWP products are sold as automatically recurring subscriptions that renew every year on the anniversary of the purchase date. This is applicable for all paid products, unless otherwise states; and the ones that come with a lifetime license which do not require renewals.
A recurring license will automatically renew at the end of the annual license term unless the purchaser cancels the subscription prior to the automatic renewal date.
Please note the following details of PrestoWP license subscriptions:
- Subscription renewals are automatically processed annually on the anniversary of the original purchase. The license renewal will continue and remain valid every year (1 year) unless the subscription is canceled prior to the renewal date.
- You may cancel your subscription at any time easily by contacting us. If you choose to cancel your subscription you will no longer receive updates and support for the product and service after your license expires.
- Our product may come with a renewal discount that one can avail if the license is renewed within the renewal period. Post which, the renewal price will be the full plugin price as published at that particular time, exclusive of any discounts. PrestoWP holds complete authority in managing the cost and discounts in such cases.
- If you choose to renew your subscription after it has been canceled and your extension license has expired, you will be charged the current listed price (at that particular time) for the extension license. We cannot apply older pricing to your new renewal purchase.
LICENSE OF OUR WORDPRESS PRODUCTS
All our WordPress plugins and their source code available for download on this website are licensed under the GNU General Public License version 2.0 or later.
REFUND POLICY AND LICENSE CANCELLATIONS
We believe in all our products and stand by their quality and performance. However, things might not work in the same way for everyone. Therefore, if you come across an issue that cannot be resolved, or feel that our product isn’t working as expected, you can contact us for a refund within 14 days after your first purchase. We’ll be happy to refund the entire amount.
- We will process your refund as soon as possible. In some cases, we might even offer to resolve an issue for you.
- No refunds will be processed after 14 days post-purchase. If you are not happy, apply for a refund within 14 days after your first purchase.
- Refund periods are based on the first purchase date. If you have purchased and requested a refund in the past, the 14 days are from the first purchase, not the repurchase date.
- By requesting and receiving a refund, you relinquish all ownership of your license and agree to cease the use of the product immediately.
- We reserve the right to reject a refund request if deemed necessary.
- You can submit a refund request by opening a support ticket.
WARRANTY
Our products are provided to you as-is, and without any warranty for its quality. We shall never be liable for any damage or flaw in the product.
PRODUCT DELIVERY
After your payment has been processed successfully, you will receive an email with your order details and other purchase information. Your license key will be made available in your account area along with your downloads. You can download the product by logging into the account created for you when purchasing the plugin and clicking on the appropriate link.
Should you not receive an email containing your information, you can take a look at the Account section on our store.
Access to re-download purchased files will be granted so long as your license key is valid. If a license key expires, download access to the associated files will be discontinued until such time as the license key is renewed.
SUPPORT
We, at PrestoWP stand by our products and believe that they are the best possible solutions we deliver. However, if you come across any issues or incompatibilities, you can open up a ticket at our support center and allow us to help you resolve your issue. Dedicated support is promised to only those who possess an active license. Free copies and expired licenses are not liable for free support. You will have to purchase a licensed copy or renew an expired license in order to be able to get help from our developers.
OWNERSHIP
All the content, images, videos, products used on this website including documentation are a property of PrestoWP. Although you can refer to everything on this website, you cannot claim our content or products without consent from us.
Customer Content Ownership.
The customer retains all rights, titles, and interests in and to the Customer Content. You hereby grant PrestoWP a royalty-free, fully paid, irrevocable, worldwide license to use the Customer Content as needed to deliver the Services to you. You are solely responsible for your Customer Content and you affirm and warrant that you possess all rights necessary to grant the rights in Customer Content as outlined in this Agreement.
Customer Data Rights.
The ownership of all Customer Data lies with the customer. PrestoWP will not reveal or utilize any Customer Data except as required to (i) deliver the Services to the customer, (ii) adhere to a legally issued subpoena, investigative demand, or warrant, or (iii) fulfil a legal, regulatory, or similar obligation or investigation. Nonetheless, during and after the term of this Agreement, PrestoWP is permitted to use anonymized Customer Data, such as the number of engagements, volume of content, and interactions of Customer’s content and audiences, combined with data from other PrestoWP customers, for the purposes of improving and/or marketing the Services. The customer hereby grants PrestoWP a non-exclusive, non-sublicensable, and royalty-free right and license to use the Customer Data solely for the purposes stated herein. For clarity, PrestoWP does not share personally identifiable information such as usernames, emails, etc. The customer is responsible for creating archival or backup copies of all Customer Data.
Indemnification.
The customer agrees to indemnify and hold PrestoWP harmless against all claims, damages, liabilities, losses, costs, and expenses (including attorney fees) arising from (a) any use or disclosure of Customer Data or Customer Content in connection with the Services, (b) compliance with any legal, regulatory, or similar requirement or investigation, (c) any breach by the customer of Section 2.5(a) of this Agreement, and (d) any third-party claim against PrestoWP resulting from the customer’s failure to fulfill any obligations under applicable Data Protection Laws, as defined in the Data Processing Addendum, if applicable.
EMAIL COMMUNICATION
PrestoWP may send you occasional emails to share some recent updates about our company and products. They’ll often contain information about recent updates, templates, freebies, promotions and more. You can opt-out of our email newsletters anytime.
AFFILIATE PROGRAM
We may allow you to receive rewards for any purchases made through your referral. In such a case, you shall be entitled to payments in the scope determined by us from time to time.
CHANGES TO THE SERVICE OR TERMS
PrestoWP reserves the right at any time to (i) change any information, specifications, features or functions of the Site, Services or Software, including any Trial, (ii) suspend or discontinue, temporarily or permanently, any or all of the Services or any Trial, including the availability of any feature, database or content, or (iii) impose limits on certain features and Services or restrict access to parts or all of the Services, including any Trial, in each case with or without prior notice and without any liability to you or any third party. PrestoWP will use its commercially reasonable efforts to notify you of changes to the Services and/or Products that, in PrestoWP’s reasonable opinion, have the effect of materially and adversely diminishing the functionality of the Services and/or Products.
PrestoWP may from time to time update or revise this Agreement. If PrestoWP updates or revises this Agreement, PrestoWP will notify you either by email to your most recently provided email address, by posting the updated or revised Terms of Service and End User License Agreement on the Site or by any other manner chosen by PrestoWP in its commercially reasonable discretion. Your use of the Site, Services or Software following any such update or revision constitutes your agreement to be bound by and comply with this Agreement as updated or revised. You can view the most current Terms of Service and End User License Agreement on our website. It is your responsibility to review the Terms of Service and End User License Agreement periodically.
If you cancel your subscription within ten (10) days following such notice by PrestoWP in accordance with the two preceding paragraphs, then PrestoWP will refund you a pro-rated portion of any pre-paid Fees for the affected Services applicable to the canceled portion of the pre-paid subscription term, if any.
GOVERNING LAW
These terms of service shall be exclusively governed by the laws of the state of Delaware, USA and any dispute arising from this agreement shall be exclusively brought to the courts of Delaware.