Terms and Conditions

For information regarding refunds, please see the Refund Policy.  Agreement of these terms and conditions is agreement of the refund policy.

I know we all hate having to read through these policies and the mumbo jumbo that goes along with it, but unfortunately there are some people out there who take advantage of situations, and as such, in order to protect both myself, and company, the following terms and conditions must be enforced.

As i’m sure I hate these things as much as others do, a quick synopsis of the TOS:

  • Protect your account and password
  • Payments for licenses are yearly subscriptions for support and updates, and will NOT be automatically renewed
  • Support development and new features, don’t give out the plugins for free
  • There’s no guarantees or warranties included
  • I take pride in every plugin I create and will do everything I can to support it
  • This synopsis is provided as a courtesy, please read the full TOS below for all details

Terms of Service:

The following terms and conditions govern all use of the sMyles Plugins website and all content, services and products available at or through the website. The Website is owned and operated by Myles McNamara, CEO & Founder of Host Tornado. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, sMyles Plugins Privacy Policy) and procedures that may be published from time to time on this Site by Myles McNamara or other authorized representatives (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by sMyles Plugins, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Acceptance of these terms and conditions means you have read and agree to everything included on this page, including the Refund Policy.

    1. Your Account. If you place an order, or create an account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify sMyles Plugins of any unauthorized uses of your account or any other breaches of security. sMyles Plugins will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.Without limiting any of those representations or warranties, sMyles Plugins has the right (though not the obligation) to, in sMyles Plugins’  sole discretion (i) refuse or remove any content that, in sMyles Plugins’ reasonable opinion, violates any sMyles Plugins policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in sMyles Plugins’ sole discretion. sMyles Plugins will have no obligation to provide a refund of any amounts previously paid.

 

    1. Payment and Renewal.
      • General Terms.
        Plugin license purchases, as well as upgrades, are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade, or purchasing a license, you agree to pay sMyles Plugins the annual subscription fees indicated for that license. Payments will be charged on a pre-pay basis on the day you sign up and will cover support, download availability and upgrades for associated plugin, for a one year period from the date of purchase.  You are NOT required to renew your license subscription after the one year period has ended, as an active license is not required for the associated plugin to function correctly; however, you will require an active subscription if you need to download, or receive support for the plugin.
      • Automatic Renewal.
        Unless you notify sMyles Plugins before the end of the applicable license subscription period that you want to cancel, your license subscription will automatically renew and you authorize us to collect the then-applicable annual subscription fee, using any credit card or other payment mechanism we have on record for you. Upgrades and License Subscriptions can be canceled at any time in the My Account section of our site. Automatic Renewal is not longer enabled, starting from April 2015.
    1. Licenses.
      • General Terms.
        Each purchase includes a specific license, Individual/Personal and Developer.  You are expected to adhere to the restrictions of your license as outlined below (and on product page), and failure to do so can result in immediate termination and deactivation of your license (and/or account), at sMyles Plugins’ discretion.
      • Installation Definition
        An “installation” as referred to below, references an instance of WordPress that is installed on a server.  This includes standard and multi site installation of WordPress.
      • Site Definition
        A “site” as referred to below, is singular, and meant to define the Website/Domain for which a plugin is installed and used on, identified by the full URL (www.xyz.com/somepath).WordPress Multisite allows for multiple sites on a single installation, a license is required for each site you wish to use the plugin on.  A single installation does not quality as a “single site”

        • The only exception being a staging/development site, which refers to an exact duplicate copy of a site that may be accessed from a different URL for development purchases only, and as such, would be considered the same “site”
      • Licenses Issued
        Licenses are granted/issued on a “per site” basis, not per installation.  A personal license is only valid for a single site, this includes WordPress Multisite installations.  You will not be able to activate a personal license on all (or more than the defined number of activations) sites configured on a WordPress Multisite installation, as these are considered separate sites, even though they are included under the same installation.
      • Downloads.
        Downloads and updates will be available during the active subscription period.  After the subscription period expires, if you wish to receive updates, or downloads, you will need to renew your subscription to do so.  Downloads will only be available with active subscriptions, and will not be provided once a subscription expires (and is not renewed).
      • Personal License
        Personal (also referred to as Individual) licenses are meant to be used with a single site.  Your license will include up to 2 total activations, one for a development/staging site, and one for a production/live site.  This is not meant to be used on two separate sites, as the license only grants use on a single site (with up to 2 activations).

        • Support
          Support will only be provided for a single site under your license, which must be activated through sMyles Plugins, and any previous sites activated, must no longer be in service, or the plugin must be removed from those sites.Basically … you can’t just pay for a personal license, and use the plugin on 5 (as example) different sites, activating and deactivating the plugin as needed, to receive support and updates on each of those sites.  Licenses found to be in violation of these terms could be at risk of suspension or account termination, with or without notice.
      • Developer License
        Developer licenses are meant for anyone that will be using the plugin on more than one active website (active as in, live production site).
        A developer license includes activation AND support on an unlimited number of sites. 
        A developers license is meant to only be used on sites that you, or your firm, developed.
        It is not meant to be given out to others, resold, or included with other plugins or themes.
    1. Intellectual Property. This Agreement does not transfer from sMyles Plugins to you any sMyles Plugins or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with sMyles Plugins. The sMyles Plugins logo, and all other trademarks, service marks, graphics and logos used in connection with sMyles Plugins, or the Website, are trademarks or registered trademarks of sMyles Plugins or sMyles Plugins licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any sMyles Plugins or third-party trademarks.
    1. Plugin Redistribution.  You are not allowed to redistribute any plugins purchased through sMyles Plugins, and if your account is found to be the source of a distributed copy of a plugin, the license key will be deactivated, and the account will be deactivated with or without notice.

      By agreeing to these terms and conditions, you agree that if you are found to be the source of a redistributed plugin: (ref: 1)
      – Any and all information provided, as well as collected in any manner, will no longer be kept private, and sMyles Plugins has complete authority to do anything deemed necessary with this information.
      – You will no longer have any protection under any privacy policy from sMyles Plugins
      – Any sites with the distributed copy of the plugin installed are at risk of being added to the Blacklist
      – You give sMyles Plugins expressed permission to take any necessary actions against any sites found to be using the distributed plugin
      – You will be liable and responsible for any and all actions taken against websites found to be using a redistributed plugin, including anything that happens as a result of these actions.

      Any websites found to be using a distributed plugin:
      – Will have a period of 30 days to purchase a legitimate license
                                                OR
      – Will have a period of 30 days to provide legitimate documentation showing original license was purchased specifically for that website

      After 30 days, if no license is purchased or documentation provided (and approved):
      – The website and user will be added to sMyles Plugins Blacklist
      – The website and user will be subject to terms per (ref: 1) above
      – If user is existing client, will be at risk of account and license deactivation (without refund)

      If after 30 days a valid license is not purchased, or license documentation provided and approved, any websites found using a distributed plugin will be added to the blacklist of sites, which will be used, and distributed by sMyles Plugins, as well as any authority, agency, company, or person authorized by sMyles Plugins.  This includes any and all necessary actions to recoup lost revenue, notify other plugin developers, or anything else deemed necessary by sMyles Plugins.If an existing client is found to be using a plugin that has been deemed to be distributed, or that appears to be distributed without authorization, they will be given a 30 day grace period to purchase a legitimate license as well.  If after that period of time a legitimate license is not purchased, or proof of purchase by someone else for that client is not provided, that client is at risk of having any active licenses deactivated, at sMyles Plugins’ discretion.

      sMyles Plugins cannot, and will not, be held liable for anything related to any actions that are taken per the section above.

      Instead of attempting to obfuscate (encode) any of the source code of my plugins, all plugins are released with full source code, which normally includes extensive documentation.  This allows developers, or the end user to go through the code and understand what and how the plugin works, as well as add any features they may need that are not included.If you like the plugin, please do the right thing and support development on it, rather than distributing it to others for free.Instead of releasing a plugin and only providing bug fixes after it’s released, I frequently add new features, and the only way I am able to do so is by the support shown by the users who purchase licenses for the plugins.  If you’re reading this, here’s a treat, use TOS5OFF for 5% off! Wouldn’t you rather me spend time adding features to a plugin you like using, instead of creating new plugins or “features” that you would have to pay for?

    1. Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using sMyles Plugins within the designated notice period. Your continued use of sMyles Plugins will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
    1. Chargebacks/Fraud. When our automated system is notified of a completed chargeback (reporting fraud, etc, to receive refund) on an order (for credit card payments), the license will be immediately suspended, and an automated support ticket will be opened with the chargeback details for the user’s reference.   The account owner will have 72 hours to respond and up to 7 days for a resolution.  After 7 days without any resolution and/or response, you agree that sMyles Plugins and/or any associated agents, retain all rights to mitigate the situation in any way deemed possible, waiving all liability from sMyles Plugins, and/or it’s agents.  Full details of how sMyles Plugins and/or its agents plans to mitigate the situation, will be provided in the automated ticket response.
    1. Termination. sMyles Plugins may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your sMyles Plugins account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
    1. Disclaimer of Warranties. The Website is provided “as is”. sMyles Plugins and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither sMyles Plugins nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

 

    1. Limitation of Liability. In no event will sMyles Plugins, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to sMyles Plugins under this agreement during the twelve (12) month period prior to the cause of action. sMyles Plugins shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

    1. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the sMyles Plugins Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

 

    1. Indemnification. You agree to indemnify and hold harmless sMyles Plugins, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

 

  1. Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.