LICENSE AGREEMENT / TERMS AND CONDITIONS OF USE
Please read this license agreement carefully, as it governs your relationship with WP Ninjas, LLC. In this agreement WP Ninjas, LLC, may also be referred to as “we” or “us”, and Ninja Forms, along with any other product developed by WP Ninjas, LLC, may also be referred to as the “Software”. This agreement as a whole may be referred to as the “Agreement” or as the “Terms and Conditions”.
Ninja Forms and all extensions are licensed under the GNU general public license (http://www.gnu.org/licenses/gpl-3.0.txt) (the “GPL”). However, this Agreement includes additional permissions as defined in Section 7 of the GPL, and its Terms and Conditions also govern any Add-on Licenses purchased from WP Ninjas, LLC. By downloading, installing, or using Ninja Forms or its extensions you agree to be bound by this License. If you disagree with any of these Terms and Conditions, do not use our Software.
“Add-on License” means a license purchased from WP Ninjas, LLC, and it includes a license key and access to upgrades and support for the Software to which it applies. Terms herein that govern Add-on Licenses are in addition to and cumulative with the other terms in this Agreement. Purchased Add-on Licenses are valid for one year from the date of purchase. A valid and active license key is required in order to get automatic upgrades and support for purchased extensions. After one year, license keys will be automatically renewed at a 50% discount from the purchase price of a new license, at which point the Add-on License is extended for an additional year at the time of renewal. This automatic renewal can be cancelled or payment method changed b you at any time.
Licenses may not be redistributed or transferred to another individual or organization without the express consent of WP Ninjas, LLC. Redistribution or transfer includes but is not limited to any instance in which a Software license is purchased for an end-user who is not the purchaser and for whom the purchaser does not provide ongoing support.
2. SOFTWARE UPDATES
If you have a valid and active license key as a result of having purchased an Add-on License, you will receive updates for the duration of your license. Updates will be delivered automatically from the WordPress dashboard if your license key is active under Forms-> Settings -> Licenses in your WordPress dashboard. If you are unable to get automatic upgrades from your dashboard, updates can be downloaded from your account page while your license is active.
3. SUPPORT SERVICES
Support for purchased extensions is given for up to one year after the purchase date and is available via our contact form. If you wish to receive support after one year, you must renew your license key or purchase a new license key. If a purchased extension is discontinued, WP Ninjas, LLC, may, at its sole discretion, offer a replacement or other extension at no or reduced cost to purchasers of the discontinued extension. However, we undertake no obligation whatsoever to extend support for discontinued extensions or to offer any replacement or refund in the event that an extension is discontinued.
It is the policy of WP Ninjas, LLC, to provide a full refund within 14 days of the original purchase for purchases. We firmly believe in the idea of “Satisfaction Guaranteed” and would love the opportunity to assist you with any issues you may experience before settling on a possible refund. Simply open a support ticket and we will assist in a timely manner.
However, all refunds are at the sole discretion of WP Ninjas, LLC, and we reserve the right to refuse to offer a refund for any reason or for no reason.
Absolutely no refunds will be given after 14 days from the initial purchase. Please note that by purchasing plugins such as the Software, you agree to the terms of their respective refund policies.
5. ACCOUNT SUSPENSION
WP Ninjas, LLC reserves the right at any time to modify or discontinue, temporarily or permanently, an Add-on License with or without notice and for any reason or no reason. If an account is suspended no refund will be granted.
Ninja Forms is designed to function on a clean installation of WordPress using the default WordPress theme and has been tested in that environment. We do not guarantee it will function with all third-party plugins or themes or with all web browsers. We are not responsible for any plugin or theme compatibility conflicts that may occur. It is our policy to support our products as best we can, and we will provide support for third-party plugin conflicts at our discretion and as time allows. However, the Software is purchased “AS IS” and without warranty. We hereby disclaim any and all warranty not expressly provided herein, included but not limited to the warranties of merchantability and of fitness for a particular purpose. You use the Software at your own risk. We are not responsible for any data loss that may occur as a result of installing the Software, and our liability for harm resulting from your use of the Software is expressly limited as provided herein.
7. PRICING, BILLING, & PRIVACY
We reserve the right to change pricing at any time for any or for no reason. We reserve the right to not honor typographical errors which may cause incorrect pricing on the website. We will absolutely never sell or share your personal information with third parties. All data we collect will be used for internal purposes only.
8. DISPUTE RESOLUTION
In the event of any dispute between you and WP Ninjas, LLC, you agree to binding arbitration prior to and in lieu of the commencement of any legal action by three arbitrators approved by the American Arbitration Association or as otherwise agreed by you and us. You agree that in any dispute, the laws of the State of Tennessee shall apply, including application of its laws concerning conflicts of laws. In the event that any legal action should commence, you consent to the exclusive jurisdiction of the Circuit Court of Bradley County, Tennessee, personally and otherwise, and you agree that Bradley County, Tennessee, is an appropriate and convenient venue.
Further, you hereby expressly waive any right to proceed in any dispute resolution process, whether in arbitration or court or elsewhere, in any capacity other than individually; this means you give up any right to sue as a plaintiff or class member in any purported class or representative proceeding.
You further agree that in any dispute, if WP Ninjas, LLC, prevails we shall be entitled to recover from you the expenses of the dispute resolution, including the cost of arbitration, any court costs, and reasonable attorney’s fees.
You agree that in any dispute, your sole and entire remedy is a refund of your purchase. Our liability shall be limited to the amount of your purchase, and under no circumstances whatsoever shall WP Ninjas, LLC, together with any of its staff or agents, be held liable for any amount, however designated or calculated, that exceeds the dollar value of your combined purchases from WP Ninjas, LLC.
9. INTELLECTUAL PROPERTY & ADDITIONAL PERMISSIONS
If you redistribute the Software in accordance with the GPL, you agree that you are required to preserve attribution within the Software to WP Ninjas, LLC, and its agents and staff, wherever apparent, and you are prohibited from misrepresenting the origin of the Software. You are further required to maintain any and all legal notices, included but not limited to trademark or copyright notices, that appear on the Software.
If you make material modifications to the Software, you are further required to mark your software in such a manner that a reasonable user of the modified software would appreciate that it is a modified version of the Software.
If you redistribute the Software, modified or otherwise, you agree to indemnify, defend, save, and hold harmless us and our agents and staff and to assume all liability for any harm resulting from the Software, any modification, and your conveyance.
You are prohibited from using the Software, WP Ninjas, LLC, or the names or likenesses of its agents or staff for any publicity purposes unless you obtain our express written permission.
All rights to our trademarks, trade names, service marks, and copyrighted materials are expressly reserved. These include but are not limited to “WP Ninjas” “Ninja Forms” and the peeking ninja head logo. You may not copy, distribute, or otherwise infringe upon our intellectual property without our express written permission.
10. MISCELLANEOUS TERMS & ENTIRE AGREEMENT
This Agreement is intended to be given full force and effect to the maximum extent of the law. In the event that a portion of it is found to be invalid or unenforceable, such portion shall be severed and the remainder construed in such a way as to be given effect.
Section titles herein are provided for convenience purposes only and should not be construed to alter or affect the terms herein.
We advise you to consult an attorney before entering into any binding legal agreement, including this one. You have had time and opportunity to read and reflect on this Agreement before downloading or using the Software, and by this Agreement you agree that when interpreting or enforcing this Agreement, any construction should be reasonable with respect to the ordinary rules of contract construction, and not presumed to be in favor of or against either party by virtue of its authorship of the Agreement or either party’s representation by counsel.
The preceding Agreement governs the sale of Ninja Forms, its extensions, and all Software. It constitutes the entire agreement between you and us, superseding any prior, other, or different agreements or negotiations between you and us. The Terms and Conditions herein are continuing in nature and may be altered or amended by us at any time for any reason or for no reason and with or without notice. By placing an order with us you acknowledge that you have read and understood the Agreement, including that it may be amended, and agree to be bound thereby.