Thorondor Technologies, LLC. (hereinafter “Thorondor Technologies”), a limited liability corporation established under New Mexico laws, which provides the WPtouch Pro Solution in SaaS mode through its website wptouch.com or through the WPtouch Pro application.

By registering on the website wptouch.com or using the Service, the Client acknowledges that he/she/it has read, understood and agreed to the entirety of these Terms of Service. Thorondor Technologies strongly advises the Client to print and/or save a copy of the Terms of Service.

These Terms of Service may be amended from time to time. It is the Client’s responsibility to review these Terms of Service frequently and to remain informed of any changes implemented. The Client agrees that the continued use of the Service after such changes to the Terms of Services have been published will constitute the Client’s acceptance of such revised terms.

User Data

1. All data you input into the Product, including info on your Clients will not be freely given to anyone. We do not, under any circumstances, sell either your Email Data or your Email Contacts’ Personal Data.  Only authorized employees have access to view User Data.If someone originating from your account account holder or someone contacted via WPtouch Pro at the User’s discretion playing role of “Client” complains or contacts us, we might then contact that person.
2. Information Collection and Use by UsWe are the sole owner of information collected on the Service (including any metadata). We collect information only as necessary to fulfill the purposes set forth in the Privacy Policy and we will only use this information as described in the Privacy Policy. We may combine any or all of this data with other information we collect about you. We may view, copy, and internally distribute content from your emails and account to provide customer support.
3. Data Collected for and by our UsersAs you use the Service, you may import into our system Personal Data of yourself or that of other individuals. We have no direct relationship with the third parties added to the Product or any person other than you, and for that reason, you are responsible for making sure you have the appropriate permission for us to collect and process information about those individuals.

PRIVACY

The Client is considered the data controller within the meaning of the Act n°78­17 of 6 January 1978 on information technology as well as European Union’s 2018 General Data Protection Regulation, data files and civil liberties, in regards to all User Data provided within the framework of the Agreements. The Client therefore undertakes expressly to comply with all applicable data protection regulations and to carry out any necessary formalities.

In compliance with the Act n°78­17 of 6 January 1978 on information technology, data files and civil liberties, the Client has a permanent right to access, amend, modify or delete any information related to him/her/it by filling out our Contact Form. For more details, Thorondor Technologies invites the Client to refer to the Privacy policy, which is part of the Agreement (access the Privacy Policy).

GDPR COMPLIANCE

WPtouch Pro as well as Thorondor Technologies have taken necessary steps to be within the compliance standards of the European Union’s General Data Protection Regulation. More information regarding the protection of your data can be found in the associated Privacy Policy at the following link: https://www.wptouch.com/privacy-policy/.

THE GNU SOFTWARE LICENSE

WPtouch Pro is a fully GPL-compatible product for WordPress! As a customer, you are free to do all that the license permits with WPtouch Pro’s PHP, JavaScript, Images, and CSS works.

Please be aware that WPtouch Pro 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  the development company, wherever it is found in the work(s);
• Not contain any reference to ‘WPtouch’ or ‘WPtouch Pro’ 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 found on WPtouch.com;
• 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 us 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, responsibility to comply by those 3rd party services’ Terms and Conditions rests solely with you.

We 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. We will not provide a refund for our products to you if you break a 3rd party service’s Terms and Conditions.

PRODUCT LICENSES

WPtouch Product Licenses are non-transferrable, unless you are otherwise specifically and expressly granted permission by us.

You shouldn’t:

• Sell your Product Licenses to anyone else;
• Make your Product Licenses publicly or privately available to anyone else;
• Sell or give away to anyone else your WPtouch Account information and/or Product Licenses for the purposes of providing re-distributed software;
• Resell WPtouch Product Licenses at any time, for any reason

We may terminate your Product Licenses 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 the developing company.

Furthermore, we may terminate Product Licenses 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 Product Licenses, you agree that we shall have no liability to you as a result of termination.

AUTOMATIC UPGRADES

Automatic Upgrades are available to you when you have purchased Product Licenses for WPtouch Pro, and those licenses are in good standing and not-expired.

Product Licenses grant you access to that product’s upgrades for one year (365 days) from the date of your original purchase. If you add or upgrade your license within the year in which you own a Site Activation License, your products will receive automatic updates for the duration of your Site Activation License. If you wish to extend the License, you must first renew your license on wptouch.com/renew.

Once a License expires, Automatic Upgrades will no longer be available for the product but the product will continue to function, insofar as it is compatible with other dependent software, such as WordPress. A License Extension for an additional year will be offered to you at that time for a reduced price.

WPTOUCH.COM ACCOUNTS

You have an Account created for you with us at the time of your original purchase of a WPtouch Pro Site Activation.

Your Account can be used to:

• Activate your Site Activation(s) on WPtouch Pro installations;
• 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.

PRODUCT DELIVERY

At the time of checkout, we will securely submit your purchase information form wptouch.com 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 Product License Key and your WPtouch Account information, and another e-mail with your purchase receipt details.

Your Product License Key and a download link for the latest version of the product(s) purchased will always be available on your WPtouch Account page (the first page you will see when you log in to wptouch.com/account).

You can re-download any actively licensed product at any time.

Note: The Account 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.

REFUNDS

The WPtouch Pro plugin and its Themes and Extensions are software downloads, which means they are non-tangible digital items that cannot be returned once they are downloaded. As such, we generally do not issue refunds after a purchase is made.

However, 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 the development company and its employees. No refunds will be given after 14 days from the date of purchase for any reason. See: Refund Guarantee.

In addition, refunds will not be granted for:

• License renewals
• Additionally purchased Site Activations
• Additionally purchased License Add-Ons
• Additionally purchased Extensions

SUPPORT

Responses from our support staff usually occur within 48 hours, between 9am and 8pm EST, Monday through Friday. We make no guarantee that we can provide our support within 48 hours, but we try our best to provide great support, and that usually means fast response times!

At this time, we 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. We do not provide direct e-mail support at this time.

It is our policy to provide adequate, exemplary support for its products and services.

We will provide support assistance for your 3rd party plugin conflicts at our 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.

PRICING

Prices for Site Activations, Themes, Extensions and License Add-Ons are subject to change at any time, without prior notice to you.

CHANGES TO OUR TERMS AND CONDITIONS

We reserve 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 Product Licenses, acting responsibly as a customer. We may notify you when these Terms and Conditions materially change in a significant way, thus changing the legal nature of our License.

WARRANTY

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, we cannot be held responsible for any plugin incompatibility conflicts that may occur that result in our product(s) not working correctly.

All our products and services 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 any of our products.

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 and services.

All Intellectual Property shall remain, in perpetuity, our sole copyrighted works.

SITE CONTENT

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 the developing company.

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 the developing company.

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 our prior written consent.