Terms and Conditions

TERMS AND CONDITIONS

Last Updated: October 15, 2020

Our website grants you non-exclusive limited license to use the SplashMaker plugins and other products sold through our website (https://www.splashmetrics.io) by Splashmetrics, Inc. (the “products”) in accordance with these Terms & Conditions (the “license”) issued by our company.

1. Automatic Upgrades

Automatic Upgrades are available to customers who have purchased a support license in accordance with the product they have purchased. A Business license provides automatic upgrades for up to 5 “Asset Sites” (individual WordPress installs for SmartContent Experiences containing multiple Dynamic Content pages) owned by you or your clients. You may not share or resell access to your support license key.

Upgrades are provided for a term of 12 months from the time of purchase. After 12 months the license will need to be renewed in order to continue receiving support and product upgrades.

If your plugin(s) does not support automatic upgrades, then updates can be downloaded from your account page.

2. Delivery

After we have successfully processed your payment, you will be able to download the plugin and you will be provided a license key. You will also receive an email with the download link and support license key. This may take up to 1 hour to arrive, but usually happens within minutes of placing the order. If you do not receive an email after this time period, please contact us. The download to the plugin and license key will also be available from within your account. If you are having any issues please contact us.

3. Subscriptions & Automatic Renewal

SplashMaker is sold with an option of automatically recurring subscription that renews each year on the anniversary of the purchase date. Automatic renewals are turned on by default. This applies to all license levels.

This subscription will automatically renew at the end of the annual license term, unless the purchaser cancels their subscription prior to the automatic renewal date or has automatic renewals turned off from within their account panel. The license renewal will continue and remain valid for each one (1) year unless the purchaser cancels their subscription prior to the renewal date.

The renewal price will be the full plugin price as published at the time of initial purchase, exclusive of any discounts.

No refunds will be given for automatic renewal payments. You will receive an email prior to your automatic renewal date with ample notice to cancel your subscription if you no longer wish to use and/or receive updates and support for SplashMaker.

4. Ownership

You may not claim intellectual or exclusive ownership rights to any of our products. All products are property of Splashmetrics, Inc.. They are provided “as is” without warranty of any kind, expressed or implied. 

We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our products.

5. Site Content

All site content, including imagery and documentation that is published on splashmetrics.io, splashmetrics.com, and splashmetrics.app (including any and all subdomains of each) is the property of Splashmetrics, Inc.. Any replicated site content must be authorized in advance. Content from these sites shall not be used or exploited for commercial or non-commercial purposes without the prior written consent of Splashmetrics, Inc.

6. Refunds

We know our plugins are awesome. But we also know that not all plugins can work awesomely for everyone all the time. If you are unhappy with your purchase we would be more than happy to consider providing a complete refund within 30 days of your original purchase.

If you are having a technical issue or having problems making a plugin work, we ask that you please contact us first for assistance before asking for a refund. If you do have a technical issue, please submit a support ticket from within the system.

To submit a refund request, please open a support ticket from within our system as well. We may ask you questions pertaining to the nature of your refund request.

Refunds will only be granted for the original license purchase and do not apply to product upgrades or annual renewals. No partial refunds will be granted for license downgrades, early termination, un-applied discount/coupon codes, etc.

Refund requests may take up to 30 days to process.

Refunds will be offered at our sole discretion and must meet all of the following conditions fully:

  • You are within the first 30 days of the original purchase of the plugin.
  • Your issue(s) comes from not being able to install the plugin properly or get the plugin to perform its basic functions.
  • You have attempted to resolve your issue(s) with our support team.
  • No refunds will be granted after the first 30 days of the original purchase whatsoever.
  • No refunds will be granted on renewal payments whatsoever. If you have automatic renewal enabled, you will receive an email prior to your renewal date and can use this opportunity to cancel your subscription before the renewal payment is automatically processed.
  • Issues caused by 3rd party plugins, themes or other software will not provide grounds for a refund.
  • You agree to deactivate and uninstall the SplashMaker plugin(s) from your site(s) before a refund is granted.

By purchasing plugin(s) from our site, you agree to this refund policy and relinquish any rights to subject it to any questions, judgment or legal actions. We are not liable to cover any differences in exchange rates between the time you purchased and the time you are refunded.

7. Support

Splashmetrics, Inc. offers WordPress plugins “as is” and with no implied meaning that they will function exactly as you would like or will be compatible with all 3rd party components and plugins. We do not offer support via email or otherwise support WordPress or other WordPress plugins we have not developed.

Support is offered to customers with a valid SplashMaker license key. Purchasing a license key gives you access to our support resources and documentation (when available).

Support and automatic product updates are provided for a term of 12 months from the time of purchase. After 12 months the license will need to be renewed in order to continue receiving support and product updates.

The license key and support account are registered to the email address of the original purchaser. The original purchaser (license holder) retains the rights to the license and account even if the account/key is renewed or upgraded by another party. Only the license holder is permitted to request support or access support resources.

License holders cannot distribute, freely giveaway, or resell their license key.

When asking for support with any purchased plugin, you may be asked to provide a valid license key as proof of purchase.

Support and updates for SplashMaker are provided as long as SplashMaker is actively in development. Should any one of the following occur, Splashmetrics, Inc., will no longer be responsible for providing support for SplashMaker:

  • SplashMaker is no longer actively developed as a viable product under Splashmetrics, Inc..
  • SplashMaker or the parent company is purchased or bought out by another company.
  • WordPress is no longer actively developed.

While we attempt to provide the best support possible for our plugins, we do 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.

8. Emails

Splashmetrics, Inc. may on occasion send you email notifications related to your SplashMaker license. These transactional emails may include notification of licensing changes, changes to our terms and conditions, license expiration notices and other transactional emails related to your purchase of SplashMaker plugins. By purchasing a SplashMaker plugin you agree to receive these transactional emails.

We will never sell your email to any 3rd party vendors.

9. Account Suspension

Splashmetrics, Inc. reserves the right, at any time, to modify or discontinue, temporarily or permanently, a support license with or without notice. If an account is suspended no refund will be granted.

10. Pricing & Billing

We reserve the right to change pricing at any time for any reason. We reserve the right to not honor typos which may cause incorrect pricing on the website.

11. DISCLAIMER OF WARRANT

Plugins sold and distributed by Splashmetrics, Inc. are done so in the hope that they will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.

Our plugin is guaranteed to function on a fresh installation of WordPress using the default WordPress theme. We do not guarantee it will function with all 3rd party plugins, themes or with all web browsers. We are not responsible for any plugin or theme compatibility conflicts that may occur. We assume no responsibility for any data loss as a result of installing or using any SplashMaker plugin(s). It is our policy to support our products as best we can and we will provide support for 3rd party plugin conflicts at our discretion or as time allows.

Additionally, we are not liable and will not be held responsible for any personal loss, site damage, site errors, theft, fraud, loss of profits or revenue, loss of business or opportunities, or loss of customers or clients as a result of installing or using any SplashMaker plugin(s)

The entire risk as to the quality and performance of the software is borne by licensee. Should the software prove defective in any respect, licensee and not licensor or its suppliers or resellers assumes the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of this agreement. No use of the software is authorized hereunder except under this disclaimer.

12. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event will licensor or its suppliers or resellers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the software, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. In any case, licensor’s entire liability under any provision of this agreement shall not exceed in the aggregate the sum of the fees licensee paid for this license (if any) and fees for support of the product received by ‘Splashmetrics, Inc.’ under a separate support agreement (if any). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not be applicable. ‘Splashmetrics, Inc.’ is not responsible for any liability arising out of content provided by licensee or a 3rd party that is accessed through the product and/or any material linked through such content.

13. License Agreement

The preceding terms & conditions govern the sale of any SplashMaker plugin/product between you the buyer and Splashmetrics, Inc. By placing an order with us you acknowledge that you have read, understood, and agree with our terms & conditions. Please notify us prior to placing an order if you disagree with any of our terms & conditions. We reserve the right to alter these terms and conditions at any time for any reason.

14. Severability

If any part of this agreement is declared unenforceable or invalid, all remaining clauses in this agreement shall remain binding on the customer.