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Terms and Conditions

Last updated: 18 January 2022

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”, “StaxWP” refers to us at SQ DIGITAL MEDIA 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:

  1. You were not prohibited by any law, judicial act or a competent authority to enter into an agreement.
  2. You are an adult, or you have gained adequate consent from your parents / legal guardians to enter into this agreement.
  3. You were not previously prohibited by StaxWP to enter into an agreement like this.
  4. You are not a resident of any prohibited state and you are not a member of any terror organization.
  5. 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, StaxWP may ask you to verify your identification through various means. If you have registered with an email ID, StaxWP 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 StaxWP immediately in case you get adequate information that your account has been hacked or if you get an information about the unauthorised usage of your account.

WEBSITE SERVICES

The services provided by StaxWP as on this day are as mentioned below. StaxWP holds complete authority to add or deprecate any services according to its sole discretion without any prior notice.

Online Store: StaxWP 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: StaxWP 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: Every customer who purchases our product is provided with a license key that is required to unlock benefits such as automatic updates, support from our developers and extra resources for the product offered. This license key is a property of StaxWP. You are free to use it on your own website. You can also use it on websites of your customers if the website is made by you. However sharing the license key with any third party is not allowed.

Knowledge Base: StaxWP shall provide with certain manuals, articles and tutorials that will help you use the licensed product. Most of these are available free of cost, while StaxWP holds the authority to charge for some additional documents.

PAYMENTS

For all the services and products offered by StaxWP, 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.

StaxWP may from time to time determine or update the pricing for particular products and services.

All StaxWP 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 StaxWP 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 cancelled 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.
  • If you choose to renew your subscription after it has been cancelled 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.
  • The refunds on renewal payments can not be processed. We will send an email 4 weeks prior to your renewal date, so you can use this opportunity to cancel your subscription before the renewal payment is automatically processed.

LICENSE OF OUR WORDPRESS PRODUCTS

All our WordPress plugins, themes and their source code available for download on this website are licensed under the GNU General Public License (http://www.gnu.org/licenses/gpl.html) 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 30 days after 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 30 days post purchase. If you are not happy, apply for a refund within 30 days after purchase.
  • Refund periods are based on the first purchase date. If you have purchased and requested a refund in the past, the 30 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 rights 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 API KEYS in your account on our store.

Access to re-download purchased files will be granted as 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 StaxWP 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 StaxWP. Although you can refer to everything on this website, you cannot claim our content or products without a consent from us.

EMAIL COMMUNICATION

StaxWP 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.

Representations and Warranties and Indemnification


You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other third party rights, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party.You agree to indemnify, defend and hold harmless StaxWP, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) the Materials you provide or approve for publication, (b) your use of the Service, (c) your breach of these Terms of Service, or (d) any actual, prospective, completed or terminated service between you and a third party.

Use of Third Party Services


As a part of our Service, we may offer links to websites operated by various third parties and are not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. StaxWP does not operate or control in any way any information, software, products or services available on such web sites. Our inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Disclaimers and Limitations


StaxWP intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, StaxWP may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” StaxWP AND/OR ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF StaxWP’ SERVICE IS AT YOUR OWN RISK. StaxWP AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF StaxWP’ WEBSITE OR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH StaxWP, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF StaxWP AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.LIMITATION OF LIABILITY

IN NO EVENT SHALL StaxWP OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. StaxWP’ LIABILITY, AND THE LIABILITY OF StaxWP’ SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $500.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN StaxWP AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

ERRORS AND DELAYS

StaxWP is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or any other technical problems.

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

StaxWP 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. StaxWP will use its commercially reasonable efforts to notify you of changes to the Services and/or Products that, in StaxWP’s reasonable opinion, have the effect of materially and adversely diminishing the functionality of the Services and/or Products.

StaxWP may from time to time update or revise this Agreement. If StaxWP updates or revises this Agreement, StaxWP 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 StaxWP 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 StaxWP in accordance with the two preceding paragraphs, then StaxWP will refund you a pro-rated portion of any pre-paid Fees for the affected Services applicable to the cancelled portion of the pre-paid subscription term, if any.

Termination


StaxWP reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any or no reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from StaxWP at any time by delivering a written notice addressed to [email protected]. You shall be responsible for ensuring delivery of the notice to StaxWP. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the StaxWP emails.StaxWP reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. StaxWP shall have no liability to you or any third party should StaxWP modify or discontinue any service or an aspect thereof.

Dispute Resolution


Any claim or controversy arising out of or relating to the use of StaxWP’ Service, to the goods or services provided by StaxWP, or to any acts or omissions for which you may contend StaxWP is liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in Bucharest, Romania, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the Commercial Arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of Romania, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Romania. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND StaxWP WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND StaxWP ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and StaxWP otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

Class Action/Jury Trial Waiver


WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

General


You agree that: (i) the Service shall be deemed solely based in Romania; and (ii) this Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over StaxWP, either specific or general, in jurisdictions other than Romania. These Terms of Service shall be governed by the internal substantive laws of the Romania, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in Romania, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above. These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and us concerning this Service and supersedes any prior written or oral representations. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND StaxWP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms of Service may not be transferred or assigned by you, but may be assigned by StaxWP without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to StaxWP.

Copyright and Trade Mark Notices


All contents of the Service are copyrighted © 2018 SQ DIGITAL MEDIA SRL. All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of StaxWP. Other product and company names may be trademarks or service marks of their respective owners. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.

GPL License


Themes and plugins available for download on this site are licensed GPL v2 or later (or GPL v3 or later). What this means to the user is that they can modify, change the code, and redistribute the code in unmodified or modified form, as long as the original license remains in the format presented by the author.