Terms & Conditions
The GNU Software License
Please be aware that BraveNewCode includes additional GNU or open software libraries, scripts, or snippets (for example the MIT licensed fastClick), which may be subject to different licensing terms, equal to or more flexible than the GNU GPL v2 license.
Separate from the GNU License that accompanies our original software, you may not re-use the word marks and/or trade marks for ‘WPtouch’ or ‘WPtouch Pro’ to accompany any re-distributions of our WPtouch or WPtouch Pro plugins, in whole or in part.
For example, if you have purchased WPtouch Pro, made a number of changes to make it work with Drupal and wanted to re-distribute it or sell it, the modified work would have to:
- Maintain original authorship credit to BraveNewCode Inc., wherever it is found in the work(s);
- Not contain any reference to ‘WPtouch’ or ‘WPtouch Pro’ or ‘BraveNewCode’ in any document, webpage, text, photo or digital materials and any other works used to promote, sell, or re-distribute the work;
- Not contain text, photos, or digital works that are the possession of BraveNewCode (like our Product page materials, for example);
- Be re-distributed with the same license (GNU GPL v2 or greater)
We uphold the spirit behind the WordPress community. We believe strongly in support of open software licensing. We also believe that our customers expect something from BraveNewCode when they use our products, WPtouch and WPtouch Pro.
That’s why we use word marks and Trademarks— to ensure that you are not misled about what you’re getting, and who you’re getting it from.
3rd Party Services
Where our product(s) interact with, use, or rely upon 3rd party services (such as Twitter) responsibility to comply by those 3rd party services’ Terms and Conditions rests solely with you.
BraveNewCode Inc. will not be held liable for any damages, including but not limited to: direct, indirect, special, incidental or consequential damages or losses that occur out of the use of 3rd party services in conjunction with our products. BraveNewCode Inc. will not provide a refund for its products to you if you break a 3rd party service’s Terms and Conditions.
Support & Upgrade Licenses
A BraveNewCode Support & Upgrade Product License is non-transferrable, unless you are otherwise specifically and expressly granted permission by BraveNewCode Inc.
- Sell your Support & Upgrade Product License to anyone else;
- Make your Support & Upgrade Product License publicly or privately available to anyone else;
- Sell or give away to anyone else your BraveNewCode account information and/or Support & Upgrade Product License for the purposes of providing re-distributed Support & Upgrade Product Licenses;
- Resell BraveNewCode Support & Upgrade Product Licenses
We may terminate your Support & Upgrade Product License with you immediately if: (a) If in our determination you breach our Terms and Conditions; or (b) Upon the insolvency, bankruptcy, winding-up, liquidation or death of BraveNewCode Inc.
Furthermore, we may terminate a Support & Upgrade Product License at any time, without cause, on not less than ninety (90) days prior written notice to you, or, in our sole discretion, offer a refund to you or other product of equal value in lieu of notice. Upon written notice of a termination of your Support & Upgrade Product License, you agree that BraveNewCode Inc. shall have no liability to you as a result of termination.
Automatic Upgrades are available to you when you have purchased a Support & Upgrade Product License for WPtouch Pro. A Support & Upgrade Product License grants you access to all product upgrades for one year (365 days) from the date of your original purchase.
Once the license expires, product updates will no longer be available but the product will continue to function. A license extension for an additional year will be offered to you at that time for a reduced price.
BraveNewCode User Accounts
You have an Account created for you with us at the time of your purchase of a WPtouch Pro Support & Upgrade Product License.
Your Account can be used to:
- Activate your Support & Upgrade Product License on a WPtouch Pro installation;
- Log into wptouch.com/account and access product downloads and license information;
- File ticket requests with our Support team;
- Read and download product documentation and resources
Your account also activates Automatic Upgrades for WPtouch Pro to receive new features, fixes, and compatibility updates.
At the time of checkout, BraveNewCode Inc. will securely submit your purchase information with 256-bit SSL encryption through to your chosen payment gateway to obtain a purchase authorization.
We will capture your personal information, such as name, e-mail address, mailing address, and phone number in order to create your personal account and provide product support to you.
After successfully processing your payment, you will be sent two e-mails: One with your Support & Upgrade Product License Key and your BraveNewCode Account information, and another e-mail with your purchase receipt details.
Your Support & Upgrade Product License Key and a download link for the latest version of the product(s) purchased will always be available on your Support Dashboard (the first page you will see when you log in to wptouch.com/account).
You can re-download any active Support & Upgrade Product at any time.
The Support Dashboard downloads area may not be available to you if a delay due to a pending transaction or other error in purchase has occurred.
If you do not receive your license e-mails, contact us immediately. We will try and resolve the issue(s) as quickly as possible for you.
WPtouch Pro is a software download, which means that it is a non-tangible digital item that cannot be returned once it is downloaded. As such, we generally do not issue refunds after a purchase is made. If you are unable to get the plugin working on your site and you have worked with our customer support team to resolve your issue within 14 days of purchase, we will consider a refund on a case-by-case basis. These refunds will be granted at the sole discretion of BraveNewCode Inc. and its employees. Refunds do not apply for any product updates or yearly license renewal charges. No refunds will be given after 14 days from the date of purchase for any reason. See: Refund Guarantee.
Responses from our Support staff usually occur within 48 hours, between 9am and 8pm EST, Monday through Friday. BraveNewCode Inc. makes no guarantee that it can provide Support within 48 hours, but we try our best to provide great support, and that usually means fast response times!
At this time, BraveNewCode Inc. only officially provides support in the language of English. We may choose to deny support requests in English where 3rd party translation services are suspected to have been used to file a support request. BraveNewCode Inc. does not provide direct e-mail support at this time.
Prices for Support & Upgrade Product Licenses are subject to change at any time, without prior notice to you.
Changes to these Terms and Conditions
BraveNewCode Inc. reserves the right to change or modify these Terms and Conditions without prior notice to you, and you recognize your responsibility to read and understand these Terms and Conditions, reviewing them from time to time with your continued use of our products, services and your Support & Upgrade Product License, acting responsibly as a customer.
Self-hosted WordPress installations (as an open-source publishing platform) may use any number of plugins from the thousands of available plugins, and as such can create a wide variety of installation scenarios. As a result, BraveNewCode Inc. cannot be held responsible for any plugin incompatibility conflicts that may occur that result in our product(s) not working correctly.
BraveNewCode Inc. products and services, and Support & Upgrade Product Licenses are provided “as is” without warranty of any kind, expressed or implied. BraveNewCode Inc. 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 its products.
It is BraveNewCode Inc.’s policy to provide adequate, exemplary support for its products and services and Support & Upgrade Product Licenses.
BraveNewCode Inc. will provide support assistance for your 3rd party plugin conflicts at its discretion. For example, if you have a problem with another WordPress plugin conflicting with WPtouch Pro, we will try and assist you in fixing the issue. If you have a problem with your web host regarding the hosting of your website, we would most likely not work with your web host to resolve an issue.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Ownership & Copyright
To the fullest extent, governing all intellectual property aspects of its GNU GPL works, you may not claim( intellectual or exclusive ownership rights to any Copyright protected aspects of any products, services and Support & Upgrade Product Licenses.
All Intellectual Property shall remain, in perpetuity, the sole copyrighted works of BraveNewCode Inc.
All original WPtouch.com website content, including but not limited to: images, css, audio files, video files and written word that is published on wptouch.com and it’s associated URL assignments and internet corollaries is and remains in perpetuity the intellectual property of BraveNewCode Inc.
Any content intended to be re-printed, for any purpose, at anytime, anywhere, must be authorized with the express written consent by a signing authority of BraveNewCode Inc.
Content from wptouch.com and its associated URL assignments and internet corollaries cannot, under any circumstances, be used or exploited for commercial or non-commercial purposes without the prior written consent of BraveNewCode Inc.
BraveNewCode Inc. values your privacy, and assures you that it will not:
- Provide or sell any personal information you provide to us;
- Provide, share or sell confidential financial information, your purchase history, your purchase method or its details;
- BraveNewCode Inc. will, acting responsibly:
- Safeguard your information from unauthorized access;
- Collect, maintain and use your information as reasonably necessary to improve its products, services and Support & Upgrade Product Licenses to meet your needs;
- Honor your requests to be removed from our e-mail lists in a timely manner;
- Maintain confidentiality of your information when releasing other products or services, or in working with other companies
As a customer, you agree that BraveNewCode Inc. has the non-exclusive, worldwide license in perpetuity to publish, copy, and keep all information that you post on wptouch.com or any of its URL corollaries. This license is to ensure that all content collected by us in your use of products, services and your Support & Upgrade Product License is available to us to improve the experience of use for BraveNewCode Inc. products and services and Support & Upgrade Product Licenses.