End User License Agreement

Preamble

Please read this End User Software License Agreement ("EULA") carefully before using any of the software sold on this website. This website is governed by worse is better UG ("we” or “us”) and by purchasing and/or using any of our software, you are agreeing to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the software.

Ownership

All software and products on this website are property of worse is better UG. Claiming any type of intellectual or exclusive ownership rights of our software or products is strictly prohibited.

Wordpress Plugin Licensing

All our WordPress plugins are licensed under the GNU general public license (http://www.gnu.org/licenses/gpl-3.0.txt). 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 us.

Warranty

Our software or products 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 software or products. We cannot guarantee our products will function with all 3rd party plugins or with all web browsers. It is policy for us to support our products as best we can and we will provide support for 3rd party conflicts at our discretion and as time allows.

Automatic Updates

Automatic Updates are available customers who have an active and valid subscription and license key according to the license they have purchased: A Personal site license provides automatic updates for a single site, a Business license provides automatic updates for up to 3 sites and a Developer license provides automatic updates for unlimited sites owned by you or your clients. You may not share or resell access to your support license key. Updates are provided for a term of one year from the time of purchase. After one year the license will need to be renewed in order to continue receiving support and product updates. If you are unable to get automatic updates, updates can be downloaded from your account page while your license is active.

Support

Support for our software or products is only available for those who have an active, paid license. Support and updates are granted for one year after the original purchase based on the license you have purchased. After one year is completed, the purchaser must renew their license in order to continue receiving support and updates for the items purchased. Support and updates are provided as long as our software is in development. Should any one of the following occur, we will no longer be responsible for providing support for our software/product: the software is no longer actively developed, the software/product or the parent company is purchased or bought out by another company. Whilst we attempt to provide the best support possible for our products, 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.

Refund Policy

We offer a no-questions asked refund policy as long as you’re within the first 14 days of your purchase. No refunds will be granted after the first 14 days of the purchase whatsoever. Issues caused by 3rd party plugins, themes or other software will not provide grounds for a refund. 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 purchasing software or products from this site, you agree to this refund policy and relinquish any rights to subject it to any questions, judgment or legal actions.

Limitation on Liability

To the extent not prohibited by law, in no event shall we or our suppliers or licensors be liable to you or any other person for personal injury, or for any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of goodwill, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use our software or products, however caused, regardless of the theory of liability (contract, strict liability, tort or otherwise). Some jurisdictions do not allow for the limitation of liability for personal injury or of incidental or consequential damages, so this limitation may not apply to you. In no event shall we aggregate liability to you for all damages exceed the amount paid by you for the software license.

Governing Law and Jurisdiction

This Agreement shall be governed by, interpreted and construed in accordance with German law only and any and all claims or disputes arising out of or in connection with them shall be subject to the exclusive jurisdiction of the German Courts having jurisdiction on our registered office. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Binding law on consumer protection, which applies according to the law in the country of residence of the consumer outside Germany, shall remain unaffected.

If the licensee is a merchant, a corporate body under public law or a special fund under public law, the Parties irrevocably agree that the courts of Berlin shall have exclusive jurisdiction to settle any dispute arising out of this Agreement, or in connection with it (including any non-contractual obligations).

Changes

We reserve the right, at any time, to modify or discontinue, temporarily or permanently, a support license with or without notice. Prices of all products are subject to change. Notice of price changes will be made on the site.

We also reserve the right to change or modify the current Terms of this EULA without prior notice or consent.

Last revised January, 3rd 2017