These Terms of Service (“Terms”) describe our obligations to you, as well as your rights and responsibilities when using our products and services (“Services”). Please read them carefully and contact us if you have any questions. If you do not agree with these Terms, please do not use our Services.
These Terms govern your access to the software, applications, extensions, as well as other products and services that we provide.
Please note that the products and services are intended for commercial use, and you acknowledge that you are using them as a business representative (in accordance with applicable law), and not as a consumer.
These Terms also govern access to and use of any websites using our Services. However, please note that the operators of these websites may have their own separate terms of use.
Please read these Terms carefully before accessing or using our Services. By accessing any part of our Services or using them, you agree to comply with all the Terms, as well as all other operating rules, policies, and procedures that we may publish from time to time (collectively, the “Agreement”). You also agree that we may automatically modify, update, or supplement our Services as provided in the Terms, and the Agreement will apply to all such changes.
“You” means any natural or legal person using our Services. If you are using our Services on behalf of another person or organization, you represent and warrant that you are authorized to accept the Agreement on behalf of that person or organization, that by using our Services you accept the Agreement on behalf of that person or organization, and that if you, or that person or organization, violate the Agreement, you and that person or organization agree to be liable to us.
“We” – Loyalty Suite Plugin.
We may need to send you emails about important updates (for example, changes to our Terms of Service), or notify you of legal requests or complaints we receive regarding your use of our Services, so that you can make informed decisions in response.
When you download or install our Services, we treat this as a request for information about our products and services, which means that we may also contact you to share more detailed information about what we can offer (i.e. for marketing purposes). You may opt out of receiving marketing communications.
You are solely responsible for your use of our Services and for all activity carried out under your account. You are also fully responsible for the safe use of our Services and for maintaining the security of your account, as well as the security of any physical equipment or connected devices (which includes, among other things, keeping your password secure and keeping your devices and applications up to date).
We are not responsible for any of your actions or omissions, including any damage of any kind resulting from your actions or omissions.
We have not reviewed and cannot review all content (such as text, photos, videos, audio, code, computer software, goods for sale, and other materials) posted or made available through our Services by users or anyone else (“Content”), as well as websites that link to our Services or that our Services link to. We are not responsible for any use or consequences of Content or third-party websites.
For example:
You control your own website. We do not participate in your relationships or transactions with any customer or potential customer, and you bear sole responsibility for all your activities in the field of e-commerce. Among other things, this means that you:
You represent and warrant that your use of our Services:
You may not use the Services for e-commerce for any unlawful purposes; for promoting unlawful activity; or in any way that is unfair, deceptive, exposes us or customers to unreasonable risks, or fails to disclose important transaction terms in advance. Among other things, this means that:
E-commerce Services may not be used in, from, or for the benefit of a country, organization, legal or natural person subject to embargo or blocked by any government.
Our Services are not intended for children. You may not access or use our Services if you are under 18 years of age. By using our Services, you represent that you are at least 18 years old. You may only use our Services if you are legally capable of entering into a binding contract with us. In other words, if you are under 18 (or under the age of majority in your country of residence), you may only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
Fees for Paid Services. Some of our Services are offered for a fee. This section applies to all purchases of Paid Services.
By using a Paid Service, you agree to pay the applicable fees. Depending on the Paid Service, there may be several types of fees: one-time, recurring, which you set.
Recurring payments (also known as subscriptions). Your subscription begins on the purchase date, and we will invoice you or charge your card at the selected automatic renewal interval (for example, monthly, annually) on a pre-paid basis, until you cancel the subscription, which you may do at any time by contacting the appropriate support service.
Automatic renewal. By subscribing, you authorize us to automatically charge the applicable then-current fees and Taxes for each subsequent subscription period until the subscription is canceled. If you received a discount, used a coupon, or subscribed during a free trial or promotion, your subscription will automatically renew at full price upon expiration of the discount period. This means that if you do not cancel your subscription, it will automatically renew, and we will charge your payment method(s). You must cancel an annual subscription at least one month before the scheduled renewal date, and a shorter-term subscription at least 24 hours before renewal. The renewal date is based on the original purchase date and cannot be changed. If you purchased access to multiple services, you may have multiple renewal dates.
Taxes. To the extent permitted by law, or unless expressly stated otherwise, all fees exclude applicable federal, provincial, state, local, or other government sales taxes, value-added tax, goods and services tax, harmonized or other taxes, fees, or duties (“Taxes”). You are responsible for paying all applicable Taxes related to your use of our Services, your payments, or your purchases. If we are required to pay or collect Taxes on the fees you have paid or will pay, you are responsible for those Taxes, and we may charge you accordingly.
Payment. You must provide accurate and up-to-date payment information. By providing your payment information, you authorize us to store it. If your payment fails, we suspect fraud, or Paid Services are unpaid or not paid on time, we may immediately suspend or revoke your access to Paid Services without prior notice. You authorize us to charge any updated payment information provided by your bank or payment provider (for example, a new expiration date), or other provided payment methods, if we cannot charge your primary payment method.
Fees and Changes. We may change our fees at any time in accordance with these Terms and applicable law. This means we may change our fees in the future, begin charging for Services that were previously free, or remove or update features that were previously included in the fees. If you do not agree with the changes, you must cancel your Paid Service.
Refunds. We may have a refund policy for some of our Paid Services, and we will also provide refunds where required by law. In all other cases, no refunds are provided, and all payments are final.
Right of withdrawal. You have the right to withdraw from a purchase within fourteen (14) days from the purchase date without providing a reason, provided that your purchase was not digital content or a custom order, and (i) the service was not fully performed, or (ii) subject to other restrictions permitted by law. With respect to digital content, you agree that any purchased digital content will be delivered to you immediately, and as a result you waive any right of withdrawal for such content.
If you cancel this agreement, we will reimburse all payments received from you without undue delay and no later than fourteen days from the date on which we received notice of your withdrawal.
We are not responsible for reimbursing any fees paid to a website owner or payment system, as well as paid taxes.
We are happy to hear from you and always strive to improve our Services. When you share comments, ideas, or feedback with us, you agree that we may freely use them without any restriction or compensation to you.
Web traffic. We may use a third-party service to measure audience and usage of WordPress.com.
Access, updates, and support. When you purchase a Paid Service, you receive access to any necessary downloads, as well as updates and support (where applicable) for that Paid Service for the subscription period starting from your purchase date. At the end of the period, you must renew your subscription if you want to maintain access to updates or support, or if you need to download any files again.
If you lose access to your account or website, you may lose access to your Content and Service.
License. To address security vulnerabilities, we may automatically update your version of the Services. We may also manually access your site to troubleshoot issues at your support request or in case of emergency. You agree that we may scan your website and collect aggregated/anonymous statistics for our internal use to optimize the Services.
Artificial Intelligence. We may offer features that include artificial intelligence (AI), which allow you to use AI to customize or manage your website or store.
You own or have rights to any content you input into AI features (“Input”), and any content generated by AI features (“Output”).
You are responsible for your Input, for the use of any Output, and for compliance with applicable laws, so you must review all Output before using or publishing it. AI may sometimes generate Output that is inaccurate, inappropriate, offensive, harmful, or similar to the content of others. Please review our AI Guidelines for information on policies you must comply with when using AI features, details on third-party providers we use to deliver AI features, and helpful information about AI in general.
Copyright policy. We ask others to respect our intellectual property rights and we respect the intellectual property rights of others. If you believe that any Content infringes your copyright, please send us a notice.
Third-party services. When using the Services, you may enable, use, or purchase services, products, software, embedded items, or applications (such as themes, extensions, plugins, blocks, or POS terminals) provided or produced by third parties or by you (“Third-party Services”). If you use any Third-party Services, you understand and agree that:
We may modify the Terms from time to time, for example, to reflect changes in our Services (such as adding new features or benefits to our Services or discontinuing support for certain features of certain Services) or for legal, regulatory, or security reasons. If we do so, we will provide notice of the changes, for example, by posting the amended Terms and updating the “Last Updated” date, or, if the changes, at our sole discretion, are material, we may notify you through our Services or other communication channels. Any changes will apply prospectively, and unless we say otherwise, the amended Terms take effect immediately. By continuing to use our Services after we have notified you, you agree to comply with the new Terms. You have the right to object to any changes at any time by discontinuing use of our Services and canceling any subscription you have.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, immediately, including if we determine, at our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We will have no obligation to refund any fees previously paid.
You may stop using our Services at any time, or, if you are using a Paid Service, you may cancel it at any time.
Our Services are provided “as is.” We, as well as suppliers and licensors, hereby disclaim all warranties of any kind, express or implied, to the maximum extent permitted by applicable law, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement. We, as well as suppliers and licensors, do not warrant that our Services will be error-free or that access to them will be continuous or uninterrupted. You understand that you download or otherwise obtain content or services through our Services at your own discretion and risk.
Except as otherwise required by applicable law, the Agreement and any access to or use of our Services shall be governed by the laws of the Kyrgyz Republic. The proper venue for any disputes arising out of or related to the Agreement and any access to or use of our Services will be the courts located in the Chuy Region of the Kyrgyz Republic.
In no event shall we, suppliers, partners, or licensors be liable (including any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability, or other legal or equitable theory for:
You agree to indemnify and hold harmless Loyalty Suite, its contractors, and its licensors, as well as their respective directors, officers, employees, and agents, from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including legal fees, arising out of or related to your use of our Services, including, without limitation, your violation of the Agreement or any agreement with a third-party service provider used in connection with the Services, or applicable law, Content you publish, and any e-commerce activity carried out through your or another user’s website.
The Agreement (together with any other terms we provide that apply to any particular Service) constitutes the entire agreement between Loyalty Suite and you regarding our Services. If any part of the Agreement is unlawful, invalid, or unenforceable, that part shall be severed from the Agreement and shall not affect the validity or enforceability of the remainder of the Agreement. A waiver by either party of any term of the Agreement or any breach thereof in any instance shall not constitute a waiver of such term or any subsequent breach thereof. We may assign our rights under the Agreement without any conditions. You may assign your rights under the Agreement only with our prior written consent.