Our website grants you non-exclusive limited license to use the Pinoculars plugin and other products sold through our website (http://www.pinoculars.com) by Lamify (the “products”) in accordance with these Terms & Conditions (the “license) issued by our company.
1. Plugin License
The Pinoculars plugin is licensed under the End User License agreement.
2. Automatic Upgrades
Automatic Upgrades are available to customers who have purchased a support license in accordance with the license they have purchased. A Basic license provides automatic upgrades for a single site, A Pro license provides automatic upgrades for unlimited sites 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.
3. Delivery
After we have successfully processed your payment, you will 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. You may then login to pinoculars.com to receive support, if you use the email address you used to purchase the plugin you will have instant access to all support related material.
4. Ownership
You may not claim intellectual or exclusive ownership rights to any of our products. All products are property of Lamify. 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 Pinoculars.com and Docs.Pinoculars.com is the property of Lamify. Any replicated site content must be authorized in advanced. Content from this site shall not be used or exploited for commercial or non-commercial purposes without the prior written consent of Lamify.
6. Refunds
We will be happy to offer a refund within the first 30 days of your original purchase. Refund requests must include the license key, the PayPal transaction ID, the date of purchase and the original purchaser’s email address. Requests with incomplete or inaccurate information will be disregarded.
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, etc.
By upgrading and or renewing the software license, the buyer agrees they have had a reasonable opportunity to inspect the goods/software and signifies to the seller that the goods are conforming or that the buyer will take or retain them in spite of their nonconformity. At that point (even if the upgrade was within 30 days of the original purchase date) any upgrade amounts paid as well as the original purchase amount are no longer eligible for a refund.
Refund requests may take up to 30 days to process. Refunds are not guaranteed. All refunds will be granted at the sole discretion of Lamify. Absolutely no refunds will be given after 30 days from the original purchase.
Please note that by purchasing the plugin, you agreed to the terms & conditions of use including the the Refund Policy.
If you believe you are eligible for a refund based on these criteria, you may request a refund using the refund request form. Refund requests MUST be submitted using the refund request form. Requests sent via email or other means will not be considered.
7. Support
Lamify offers software “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 Pinoculars license key. Purchasing a license key gives you access to our support resources and documentation. Purchasing a Developer license also gives you access to our Priority Support Ticket system.
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. The license key is only transferable by contacting us and requesting an official transfer of the license to a new owner. The license is intended to be used on the license holders web site(s). Client site usage is permitted in situations where the license holder maintains an ongoing relationship with the client as a consultant.
Providing Pinoculars as a service or providing Pinoculars as part of a web hosting solution does not constitute an ongoing client/consultant relationship under these terms.
License holders are not permitted to re-post support forum content or documentation on any external websites, social media outlets, etc. Posting screen captures of this content is also prohibited. Violation will be grounds for immediate termination of the support license and all access to support content and product updates will be discontinued.
8. Transactional Emails
Lamify may on occasion send you email notifications related to your Pinocualrs 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 Pinocualrs. By purchasing Pinoculars you agree to receive these transactional emails.
9. Account Suspension
Lamify 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/Privacy
We reserve the right to change pricing at any time for any 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 with 3rd parties. All data we collect will be used for internal purposes only.
11. Client Roster & Trademark Usage
By using Pinoculars you grant Lamify permission to list and display applicable trademarked name(s) and logos for sites utilizing Pinoculars on the Pinoculars client roster.
This permission does not extend beyond the display of the name or logo on the Pinoculars client roster. Client has the right to revoke the license to use logo at any time in its sole discretion by submitting a request.
12. DISCLAIMER OF WARRANTY
LAMIFY EXPRESSLY DISCLAIMS ANY WARRANTY FOR PINOCULARS, WHICH IS PROVIDED ‘AS IS’ WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS OF A PARTICULAR PURPOSE. WE DO NOT GUARANTEE OUR PLUGIN 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. 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.
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.
13. 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 ‘LAMIFY’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘LAMIFY’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
14. General
The preceding terms & conditions govern the sale of Pinoculars between you the buyer and Lamify. 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.