Effective Date: October 13th, 2024
1. Acceptance of Terms
By accessing, installing, or using the Boomerang Returns plugin (“Plugin”) provided by ShopShapes (“we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Plugin.
2. License Grant and Restrictions
2.1. We grant you a limited, non-exclusive, non-transferable license to use the Plugin on one (1) production website per license.
2.2. You may use the Plugin on an unlimited number of development or test sites.
2.3. You may not sublicense, resell, rent, lease, transfer, assign, or otherwise commercially exploit the Plugin.
2.4. You may modify the Plugin for your own use, but you may not distribute modified versions of the Plugin.
3. Subscription and Payment
3.1. The Plugin is offered on a subscription basis, payable monthly or annually.
3.2. You may cancel your subscription at any time. Upon cancellation, you will retain access to the Plugin until the end of your current billing period.
3.3. We do not offer refunds for any unused portion of your subscription.
4. Refund Policy
4.1. Our subscription service has no minimum commitment period and can be cancelled at any time.
4.2. We offer a full refund if you cancel your subscription within seven (7) days of your initial subscription purchase (“Refund Period”).
4.3. To be eligible for a refund:
- The cancellation request must be made within the Refund Period
- The subscription must be your initial subscription purchase
4.4. Refund requests after the Refund Period will not be honored. You will retain access to the Plugin until the end of your current billing period.
4.5. Renewal payments and subsequent subscription purchases are not eligible for refunds.
4.6. Refunds will be processed using the original payment method used for the purchase.
5. Updates and Support
5.1. We will provide Plugin updates as we deem necessary to maintain compatibility with WordPress and WooCommerce.
5.2. Support is provided for the current version of the Plugin and the immediately preceding version.
5.3. We reserve the right to discontinue support for older versions of the Plugin.
5.4. Support is limited to installation, configuration, and bug-related issues. We do not provide support for customizations or third-party integrations.
6. Intellectual Property
6.1. The Plugin is protected by copyright and other intellectual property laws. The Plugin is licensed, not sold.
6.2. While the Plugin is released under GPL-3.0, we retain all rights, title, and interest in and to the Plugin, including all related intellectual property rights.
6.3. You may not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Plugin.
7. Third-Party Services and Dependencies
7.1. The Plugin may integrate with or depend on third-party services, including but not limited to WordPress, WooCommerce, and CodeMirror. Your use of such services is subject to their respective terms of service.
7.2. We are not responsible for any changes in third-party services that may affect the functionality of the Plugin.
8. Disclaimer of Warranties
8.1. THE PLUGIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
8.2. We do not warrant that the Plugin will be error-free, uninterrupted, or free from harmful components.
8.3. We specifically disclaim any responsibility for errors in refund amounts or other financial calculations. You are responsible for verifying all financial transactions processed through the Plugin.
9. Limitation of Liability
9.1. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.
9.2. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLUGIN SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PLUGIN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless ShopShapes and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from your use of the Plugin.
11. Data Collection
We may collect non-personal technical data, such as Plugin version numbers, WordPress and WooCommerce version numbers, and Plugin configuration data, solely for the purposes of debugging and improving the Plugin. We do not collect customer or order information from your website.
12. Termination
We reserve the right to terminate or suspend your access to the Plugin at any time, with or without cause, and with or without notice.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of a jurisdiction to be determined by ShopShapes at the time of any dispute, without regard to its conflict of law provisions.
Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the rules of an arbitration institution to be selected by ShopShapes at the time such dispute arises. The arbitration shall be conducted by one arbitrator, in the English language, in a venue to be determined by ShopShapes.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to a jury trial.
14. Dispute Resolution
We reserve the right to require that any dispute, claim, or controversy arising out of or relating to these Terms or the Plugin be settled by binding arbitration. The choice of arbitrator and location of arbitration shall be at our sole discretion.
15. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of significant changes through the Plugin interface or via email. Your continued use of the Plugin after such modifications constitutes your acceptance of the updated Terms.
16. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
17. Entire Agreement
These Terms constitute the entire agreement between you and ShopShapes regarding the Plugin and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
By using the Boomerang Returns Plugin, you acknowledge that you have read these Terms, understand them, and agree to be bound by them.