Last updated: 29/09/2024

Welcome to wpaiworkflowautomation.com (“Website”), owned and operated by Massive Shift (“we”, “us”, “our”). These Terms and Conditions (“Terms”) govern your access to and use of our Website and the purchase and use of our product, WP AI Workflow Automation (“Plugin”). By accessing our Website or purchasing our Plugin, you agree to be bound by these Terms.

Please read these Terms carefully before using our Website or purchasing our Plugin. If you do not agree to these Terms, you must not use our Website or purchase our Plugin.

1. Definitions

• “User” or “you” refers to any individual or entity accessing our Website or purchasing our Plugin.
• “Plugin” refers to the WP AI Workflow Automation software made available through our Website.
• “Consumer” refers to a natural person who is acting for purposes which are outside his trade, business, craft, or profession.

2. Eligibility

By using our Website or purchasing our Plugin, you represent and warrant that:

• You are at least 18 years old or have reached the age of majority in your jurisdiction.
• You have the legal capacity and authority to enter into a binding agreement.
• All information you provide is accurate, current, and complete.

3. Use of the Website

• Account Registration: You may be required to create an account to purchase the Plugin. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
• Prohibited Conduct: You agree not to use the Website or Plugin for any unlawful purpose or in violation of any applicable laws or regulations.

4. Product Information

We offer two versions of our Plugin:

• Professional Plan: Licensed for use on one (1) website.
• Agency Plan: Licensed for use on up to fifty (50) websites.

We strive to provide accurate descriptions of the Plugin. However, we do not warrant that the descriptions are complete, reliable, current, or error-free. If you find any errors, please contact us.

5. Orders and Payment

• Pricing: All prices are listed in Euro (€) and include applicable taxes unless otherwise stated.
• Payment Methods: We accept payments through Paddle, which may include credit/debit cards and other payment methods.
• Order Acceptance: Your order constitutes an offer to purchase the Plugin. We reserve the right to accept or reject any order for any reason.
• Confirmation: Upon acceptance of your order, we will send you a confirmation email with details of your purchase.

6. Delivery and Access

• Digital Delivery: The Plugin is delivered electronically. After payment confirmation, you will receive a download link or access instructions via email.
• System Requirements: It is your responsibility to ensure that your hardware and software meet the necessary system requirements to use the Plugin.

7. License Agreement

7.1 License Grant

The Plugin is licensed under the GNU General Public License version 2 (GPLv2) or later. This means you have the right to use, modify, and distribute the Plugin, provided you comply with the terms of the GPLv2 license.

7.2 Restrictions

• While the GPLv2 license grants you certain freedoms, you are responsible for ensuring that any distribution or modification of the Plugin complies with the GPLv2 terms.
• The Professional and Agency Plans are distinguished by the level of support and updates provided, as well as the number of websites on which you are authorized to receive support.

7.3 Ownership

All intellectual property rights in the Plugin and Website content are owned by Massive Shift. The GPLv2 license governs your rights regarding the Plugin software.

8. Updates and Support

• Updates: We may provide updates or enhancements to the Plugin. Access to updates is provided according to the plan you have purchased.
• Support: We offer support via the contact page. Support is provided according to the plan you have purchased.

9. Refund Policy

9.1 Right of Withdrawal

If you are a consumer residing in the European Union, you have the right to withdraw from the purchase within 14 days from the date of purchase without giving any reason.

9.2 Exercising the Right of Withdrawal

To exercise the right of withdrawal, you must inform us of your decision to withdraw by an unequivocal statement (e.g., an email to support@wpaiworkflowautomation.com ) or via the contact form.

9.3 Effects of Withdrawal

If you withdraw from the purchase, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw.

9.4 Exception to the Right of Withdrawal

By downloading or accessing the Plugin before the expiry of the withdrawal period, you acknowledge that you lose the right of withdrawal.

10. User Obligations

• Compliance: You agree to use the Plugin and Website in accordance with these Terms, the GPLv2 license, and all applicable laws and regulations.
• Data Backup: You are responsible for backing up your data before installing or using the Plugin.

11. Privacy Policy

Our Privacy Policy explains how we collect, use, and protect your personal data. By using our Website or purchasing our Plugin, you consent to the processing of your data in accordance with the Privacy Policy.

12. Warranties and Disclaimers

12.1 “As Is” Basis

The Plugin and Website are provided on an “as is” and “as available” basis, without warranties of any kind.

12.2 No Warranties

To the fullest extent permitted by law, we expressly disclaim all warranties, whether express or implied, including but not limited to:

• Warranties of merchantability.
• Fitness for a particular purpose.
• Non-infringement.
• That the Plugin will meet your requirements or be available uninterrupted, secure, or error-free.

12.3 No Guarantees

We do not guarantee the accuracy, completeness, or usefulness of any information on the Website or that any errors will be corrected.

13. Limitation of Liability

13.1 Exclusion of Damages

To the maximum extent permitted by law, Massive Shift shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits.
• Loss of data.
• Loss of goodwill.
• Other intangible losses arising from:
  • Your use or inability to use the Plugin or Website.
  • Unauthorized access to or alteration of your transmissions or data.
  • Statements or conduct of any third party on the Website.

13.2 Limitation of Total Liability

In no event shall Massive Shift’s total liability to you for all damages exceed the amount you paid for the Plugin.

13.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Massive Shift from any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of your violation of these Terms, the GPLv2 license, or misuse of the Plugin or Website.

15. Termination

• Termination by You: You may stop using the Plugin at any time.
• Termination by Us: We may terminate or suspend your access to the Plugin or Website if you breach these Terms or for other legitimate reasons.
• Effect of Termination: Upon termination, the rights and licenses granted to you will cease immediately, except for those granted under the GPLv2 license for the Plugin software.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes by posting a notice on our Website or via email. Your continued use of the Plugin or Website after changes have been made constitutes your acceptance of the new Terms.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in the Netherlands.

18. Consumer Rights

If you are a consumer residing in the European Union, you may have additional rights under your local laws which cannot be excluded or limited by these Terms.

19. Miscellaneous

19.1 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19.2 Entire Agreement

These Terms, along with the GPLv2 license for the Plugin software, constitute the entire agreement between you and Massive Shift regarding your use of the Plugin and Website and supersede any prior agreements.

19.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

19.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights without restriction.