Terms ans Conditions /
License agreement
This is a legal agreement between the person or organization (“Customer,” “Buyer” or “you”) agreeing to these Terms and Conditions (“Terms”) and Vitalii A. Popov (I/E Vitalii Popov, Reg.No #322753481, Georgia, Tbilisi, Viktor Dolidze 22, ap.40) (“Seller,” “us,” or “we”). By accepting these Terms, making a purchase, or using any Products and Support provided by us, you represent that you are of legal age and have the authority to bind the Customer to the order, these Terms, and any exhibits or documents referenced herein, which are part of these Terms as if set forth herein.
I/E Vitalii Popov hereby grants you a non-exclusive, limited license to use the Talk To Website plugin (the “Software License”) and other associated add-on products and updates developed by I/E Vitalii Popov. Collectively, these are referred to as the “Products”. This license is granted in accordance with the Terms and Conditions outlined herein.
1. Plugin Licensing
Talk To Website and the Software License are licensed under and subject to the terms set forth in GNU general public license (http://www.gnu.org/licenses/gpl-3.0.txt).
2. Talk To Website License
Your initial purchase of Talk To Website includes a twelve-month subscription for Updates and Support (“Initial Subscription”). At the end of the Initial Subscription, the subscription for Updates, Support, and the core of Talk To Website plugin will be auto-renewed for successive twelve-month periods (each a “Renewal Subscription” and, together with the Initial Subscription, the “Talk To Website License”) unless prior to the renewal date: (i) you cancel your Talk To Website License by disabling auto-renewal; (ii) your payment cannot be successfully processed; (iii) your payment is subject to a chargeback or other fraud process; (iv) you request a refund pursuant to Section 7; or (v) I/E Vitalii Popov. cancels or suspends yourTalk To Website License or the Software License.
Applying the Talk To Website License, including for the use of the core Talk To Website plugin, to more than the maximum number of sites permitted (2 websites per one license), is strictly prohibited.
3. Updates
I/E Vitalii Popov may from time to time in its sole discretion develop and provide updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features for its Products (collectively, including related Documentation, “Updates”). Updates may modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the Products and be subject to the Terms. Updates are available to only websites that are registered with a valid and non-expired Talk To Website License.
4. Delivery
After we have successfully processed your payment for the initial purchase of a Talk To Website License, you will receive an email with instructions to activate your Talk To Website plugin. This may take up to 1 hour to arrive but usually happens within minutes of placing the order. If you do not receive an email after this time period, please contact us.
5. Ownership
You may not claim intellectual or exclusive ownership rights to any of our Products, Support, or Documentation. All Products, Support, and Documentation are property of I/E Vitalii Popov. All Products, Support, and Documentation are provided “as is” without warranty of any kind, express 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 our Products, Support, or Documentation.
6. Website Content
All site content, including Support / FAQ section content and imagery and documentation that is published on talktowebsite.com, or documentation or materials provided in connection with the Products (“Documentation”) is the property of I/E Vitalii Popov. Any replicated Documentation must be authorized in advance in writing by I/E Vitalii Popov. Documentation shall not be used or exploited for any purpose, commercial or non-commercial, without the prior written consent of I/E Vitalii Popov. except as authorized by these Terms.
7. Refunds
Refunds are available with no restrictions within 1 month of purchase. You can request a refund and we will approve it within a few days. If you did not like the quality of our product, changed your mind or found something more suitable for you – we will be happy to refund your money and revoke your license key. If you want to make a refund later than 1 month, it will be rejected. If you use our product for 1 month and do not experience any problems with it or wish to return it, we consider the product to be completely satisfactory and you are using it.
8. Support
Subject to the Terms and while you maintain a valid and active Talk To Website License, I/E Vitalii Popov offers support for Talk To Website to you (“Support”). Support is provided via Email or feedback form. Please contact us via the Contact section for support.
You may not use Support, the Support Page, the Products, or the Talk To Website site (i) in any way that could harm I/E Vitalii Popov, its affiliates or any other service provider or any computer network or system or impair anyone else’s use thereof or (ii) to try to gain unauthorized access to any service, data, account or network by any means. You may not permit any other person or entity to use Support. You are responsible for all activities that occur under your Talk To Website License or use of Support services. You must not use a false identity, impersonate others, or otherwise misrepresent your identity in any way. You agree to comply with any terms of use applicable to talktowebsite.com and as may be updated from time to time in I/E Vitalii Popov’s sole discretion.
I/E Vitalii Popov may elect not to provide Support for non-current versions of Talk To Website plugin (or any of its Products) or versions of I/E Vitalii Popov that do not have all current Updates installed.
I/E Vitalii Popov. offers Talk To Website (plugin for WordPress) “as is” and with no implied meaning.
We do not offer support for WordPress or other WordPress plugins. We make no warranty that support can solve your problem.
9. Talk To Website License Holders
The Talk To Website License, including rights to the core of Talk To Website plugin where applicable, is registered to the email address of the original purchaser of the Talk To Website License. The account holder retains the rights to the license and account even if the account/key is renewed or upgraded by another party.
Talk To Website and core of Talk To Website plugin License holders cannot distribute, giveaway, permit others to use, or resell their licenses.
Talk To Website and the core of Talk To Website plugin are intended to be used on your 2 website(s). Use of Talk To Website and the core of Talk To Website plugin on your client’s site is permitted in situations where you maintain an ongoing relationship with the client as a consultant. You are prohibited from providing Talk To Website or the core of Talk To Website plugin as a service or providing them as part of a web hosting solution. Providing Talk To Website or the core of Talk To Website plugin as a service or as part of a web hosting solution does not constitute an ongoing client/consultant relationship under this Section 9.
You are not permitted to re-post, copy, distribute, or otherwise make available any Documentation on any external websites, social media outlets, etc. By way of example, posting screen captures of this content is also prohibited. Violation will be grounds for immediate termination of the Talk To Website License and all access to Support and Updates.
10. Feedback
If you, or anyone acting on your behalf, transmit any communications or materials to I/E Vitalii Popov by email, electronic submission through talktowebsite.com, or otherwise, suggesting or recommending changes to I/E Vitalii Popov’s Products, Documentation, Support, or any other aspect of I/E Vitalii Popov’s business, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), I/E Vitalii Popov is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. You hereby assign to I/E Vitalii Popov on your behalf, and on behalf of your employees, contractors and/or agents, all right, title, and interest in, and I/E Vitalii Popov is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although I/E Vitalii Popov is not required to use any Feedback.
11. Transactional Emails / New Emails
I/E Vitalii Popov may on occasion send you email notifications related to the Talk To Website License to the registered email address as described in Section 9. These transactional emails may include notification of licensing changes, changes to our Terms and Conditions, license expiration notices and other transactional emails related to your purchase of a Talk To Website License. By purchasing the Talk To Website License you agree to receive these transactional emails and that these transactional emails are binding as if set forth in these Terms and Conditions.
I/E Vitalii Popov may on occasion send you email notifications with product information, marketing information, news and other communications that relate to the Talk To Website product or other products. By purchasing a Talk To Website license, you agree to receive such emails.
12. Cancellation / Suspension / Termination
You may cancel your Talk To Website License at any time, and you will continue to have access to Automatic Updates, Documentation and Support until the listed expiry date of the Talk To Website License. ONCE CANCELED, A LICENSE CANNOT BE RENEWED OR UPGRADED. No full or partial refund will be provided for any Talk To Website License cancelled before the end of that Talk To Website License’s term except in accordance with Section 7. A Talk To Website License cancelled by you will continue to be valid until the end of the then-current Talk To Website License’s term unless terminated prior to the end of the then-current Talk To Website License’s term by I/E Vitalii Popov or due to having been refunded as described in Section 7. To cancel a Talk To Website License, please contact us via Support.
I/E Vitalii Popov may terminate your Talk To Website License at any time for no reason at all, with or without notice. A Talk To Website License that is refunded or has the payment returned will also be immediately terminated. A Talk To Webste License terminated by I/E Vitalii Popov will terminate immediately, and your access to Updates and Support will immediately revoke. I/E Vitalii Popov further reserves the right, at any time and for any reason, to modify or discontinue, temporarily or permanently, the Talk To Webste License, Documentation, and Support with or without notice. You will not be entitled to a refund if your Talk To Webste License is terminated, modified, or discontinued by I/E Vitalii Popov except in accordance with Section 7 and as determined in I/E Vitalii Popov’s sole discretion.
13. Pricing / Recurring Billing / Payment Methods
You are fully responsible for timely payment of all fees for the Talk To Webste License and for any obligations to pay taxes and charges arising from your purchase of the Talk To Webste License.
Pricing. We reserve the right to change pricing at any time for any reason. We reserve the right to modify the renewal pricing of an existing Talk To Webste License either temporarily or for the future lifetime of the Talk To Webste License. If changing prices would affect Talk To Webste Licenses already owned, we will notify all affected customers in advance. Notification will be made via electronic mail, using the email address listed by the user on their Talk To Webste account as described in Section 9. It is your responsibility to ensure that their email address is kept up to date. We reserve the right to not honor typographical errors which may cause incorrect pricing on the Talk To Webste Website.
Recurring Billing. By purchasing, renewing, or upgrading a Talk To Webste License and providing a valid Payment Method, you authorize us to charge you a license renewal fee for Talk To Webste Licenses at the specified rate on the Talk To Website site to your Payment Method. The amount and future billing date will be clearly stated on the Licenses Page for each Talk To Webste License.
Payment Methods. The payment method used to purchase, renew or upgrade a Talk To Webste License will be stored securely with our payment processor and will be re-billed when a Talk To Webste License is renewed. The payment method will not be utilized or stored for any other purposes. You are responsible for editing and keeping your Payment Method information current for each Talk To Webste License by visiting the Talk To Webste site.
14. Term / Termination
The term of these Terms and Conditions commences when you purchase the Product and will continue in effect until terminated by you or I/E Vitalii Popov as set forth in this Section 14. You may only terminate these Terms by permanently deleting the Products and all Documentation in your possession, custody, or control and all copies and discontinuing any and all use of the Products and all Documentation.
Support for the Product is provided as long as the Product is actively in development. Should any one of the following occur, I/E Vitalii Popov will no longer be responsible for providing support for the Product:
- The Product is no longer actively developed as a viable product under I/E Vitalii Popov
- The Product or the parent company is purchased or bought out by another company.
- WordPress is no longer actively developed.
I/E Vitalii Popov may terminate or modify these Terms at any time with or without notice in its sole discretion.
15. Privacy
All data we collect is used for internal purposes only. We will absolutely never sell your personal information to 3rd parties. We do not share your personal information with any 3rd parties, except those specifically contracted to fulfill the processes involved in the hosting, billing, support, metric collection and improvement of our Products. You can read the full privacy policy here.
16. Third-Party Materials
The Products, the Documentation, Support, and the Talk To Webste site may display, include, or make available third-party content (including data, information, applications, add-ons, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree I/E Vitalii Popov is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. I/E Vitalii Popov does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
17. DISCLAIMER OF WARRANTY
THE PRODUCTS, THE TALK TO WEBSITE’ WEBSITE, THE DOCUMENTATION, THE UPDATES, ANY ADD-ONS OR WORDPRESS PLUGINS, OR ANY PRODUCTS, SOFTWARE, SUPPORT, OR OTHER ITEMS OR SERVICES OFFERED OR SOLD BY I/E VITALII POPOV ARE PROVIDED “AS IS.” I/E VITALII POPOV MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PRODUCTS, SUPPORT, TALK TO WEBSITE’ WEBSITE, THE DOCUMENTATION, THE UPDATES, ANY ADD-ONS OR WORDPRESS PLUGINS, OR ANY PRODUCTS, SOFTWARE, OR OTHER ITEMS OR SERVICES OFFERED OR SOLD BY I/E VITALII POPOV, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS. I/E VITALII POPOV MAKES NO REPRESENTATION THAT THE OPERATION OF TALK TO WEBSITE’ WEBSITE, SUPPORT, THE DOCUMENTATION, OR THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, AND I/E VITALII POPOV WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT AND DATA AND FOR MAKING BACKUP COPIES OF ANY OF YOUR CONTENT AND DATA. YOUR DATA MAY BE LOST, CORRUPTED OR BREACHED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, I/E VITALII POPOV IS NOT RESPONSIBLE OR LIABLE FOR YOUR DATA OR CONTENT, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR CORRUPTION OF YOUR DATA.
BUYER UNDERSTANDS THAT USER DATA COLLECTED BY TALK TO WEBSITE SUBMISSIONS, INCLUDING SIGNATURES CREATED VIA THE SIGNATURE FIELD, CAN BE DELETED AND/OR EDITED BY A SITE ADMINISTRATOR. I/E VITALII POPOV, AFFIRMATIVELY STATES AND PUTS BUYER ON NOTICE THAT USER SIGNATURES CAN BE EDITED AND I/E VITALII POPOV IS NOT RESPONSIBLE FOR ANY SUCH CHANGES OR EDITS AND BUYER ACKNOWLEDGES SUCH AND HOLDS I/E VITALII POPOV, HARMLESS FOR ANY LIABILITY THAT MAY OCCUR IF SUCH OCCURS.
18. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL I/E VITALII POPOV OR ITS AFFILIATES, SUPPLIERS, OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, SELLER’S ENTIRE LIABILITY UNDER ANY PROVISION OF THE TERMS SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES BUYER PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY I/E VITALII POPOV UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SELLER TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. I/E VITALII POPOV IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY BUYER OR A THIRD PARTY (INCLUDING THIRD-PARTY MATERIALS) THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.