General Terms and Conditions of Use

Introduction

Build Your Web is owned and operated by BuildYourWeb.

The following Terms and Conditions of Use (the “Terms”) govern the use of the Build Your Web website and all content, services and products available on or through the website, including, but not limited to, all plugins and our API services (together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Build Your Web’s Privacy Policy) and procedures that may be published from time to time by Build Your Web (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and that these Terms apply to any such upgrade.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to be bound by the terms of this agreement. If you do not agree to all of the terms of this agreement, you may not access or use our services.

Use of our Services requires a Build Your Web account. You agree to provide us with complete and accurate information when you register for an account.

Terms of use – Build Your Web Plugins

As a member, you have an inalienable right to own and continue to use all plugins and themes that you have downloaded from Build Your Web, even after cancellation of a free trial or your membership. Whether you are a current member or not, all plugins and themes will continue to work “as is”, even if your membership expires.

Updates are often released for compatibility, feature upgrades and additions. They are available to all our customers who have an active subscription to Build Your Web.

We are committed to doing our best to ensure the integrity of our products and services and their compatibility with the latest versions of WordPress within days of their release. We cannot guarantee that products will work with older versions of WordPress, but we will endeavour to support backwards compatibility wherever possible.

Terms of use – API services

Some Build Your Web Services require API access to enable all features and functionality. These currently include ShortUrl Tracker. If you use any of our API services, the following conditions apply:

You must maintain an active subscription with Build Your Web to use the API services. API-based services can only be accessed by our plugins designed for this purpose.

API services use an assigned API key to connect. You can only use your API key on sites that you or your customers own. You may not resell, share or publish your API key.

Violation of any of these terms may result in immediate termination of API access and/or your Build Your Web membership.

We reserve the right to suspend API access to users who use an unusual amount of API requests or resources that we believe may impact services to other members.

All our plugins work with a dedicated license key. A licence key cannot be used on more than one site unless specific licence conditions allow it. We identify calls made to our APIs to validate

Conditions of use – Prohibited uses

When you use the Build Your Web Services, you agree to :

• Not to violate any state, federal or foreign law or regulation;
• Not to infringe any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights).
• Not to publish, host or transmit any defamatory, libellous or offensive content.
• Do not post, host or transmit threatening or harassing content.
• Not to publish, host or transmit content that discriminates on the basis of gender, sexual orientation, race, age or promotes hatred.
• Do not disclose the sensitive personal information of others.
• Do not disclose information of a pornographic nature.
• Do not interfere with, disrupt or attack any service or network.
• Do not resell, share or publish Build Your Web credentials or access.
• Do not make Build Your Web plugins available for public download in a manner that violates the terms of the GPL 2.0.

Terms of use – Payment

BUILD YOUR WEB is a membership site and several of our services require an active paid subscription, including ShortUrl Tracker memberships, service data hosting and any backups generated. By using a paid Service, you agree to pay the specified fees, which we will charge you at regular intervals (such as monthly or annually) on a prepaid basis until you cancel, which you can do at any time on your account overview page or by contacting support.

To ensure uninterrupted service, our paid services are automatically renewed. This means that if you do not cancel a paid Service before the end of the applicable subscription period, it will be automatically renewed, and you authorise us to charge you or use any payment mechanism we have registered for you to collect the then applicable subscription fee (and any taxes). Your paid services are renewed for the same period of time.

If you choose to cancel your subscription, it will remain active until the end of your current billing cycle.

If your payment fails or if paid services are not paid on time, we may immediately cancel or revoke your access to paid services. You can downgrade your subscription at any time to maintain a minimum service. In the event of non-payment, the service will be cut off and you will be required to update your payment methods or downgrade your services.

We reserve the right to refuse service or cancel your membership and revoke member access with a pro-rata refund for any reason we deem appropriate.

We can change our prices at any time. If necessary, we can notify you of the change in fees. If you do not agree with these changes, you may cancel your Paid Service.

Terms of use – Refunds

If you are experiencing a technical problem, before requesting a refund, contact our support team to help you resolve the issue by submitting your request here.

If you subscribe to a paid licence for one of our plugins, no refund will be made. In the event of unsubscribing to any of our services, the service will be maintained with the same level of functionality until the next renewal date.

If you contact your bank or credit card company to refuse or cancel charges for paid services, we will not refund you and we may revoke your access to our services.

Security

You shall be solely responsible and liable for any activity that occurs under your username or licenses. You are responsible for the security of your password, licence or other access provided by Build Your Web. In the event of unauthorised use or any other breach of security you must immediately inform Build Your Web.

Legal

Our services are not intended for children. Access to and use of our services is restricted to persons over the age of 13 (or 16 in the European Union). If you are younger, you cannot register for or use our services. Anyone who registers as a user or provides personal information to our services declares to be 13 years of age or older (16 years of age or older in the European Union).

Our Services are provided “as is”. BuildYourWeb and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither BuildYourWeb nor its suppliers and licensors warrant that our services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our services shall be governed by the laws of the French State.

In no event shall BuildYourWeb, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages ; (ii) the cost of acquiring replacement goods or services ; (iii) interruption of use or loss or corruption of data; or (iv) any amount in excess of the fees paid by you to BuildYourWeb under this Agreement during the twelve (12) month period preceding the cause of action. BuildYourWeb cannot be held responsible for any failure or delay due to factors beyond its reasonable control. The foregoing shall not apply to the extent that the applicable law prohibits it.