The present general conditions of sale and use are concluded between, on the one hand, the company BFIRST OÜ, with its registered office located at the following address Sepapaja 6, Tallinn 15551, Estonia, hereinafter referred to as the “supplier” and, on the other hand, any natural or legal person who proceeds in downloading the Winamaz plugin, purchasing and/or renewing the license to use this plugin, on the website https://winamaz.com/,
hereinafter referred to as “user”.
Article 1. Purpose
These general conditions aim to determine the rights and obligations of each party in the context of the subscription to the services offered by Winamaz, namely the paid use of this plugin by download and the renewal of the license to use this plugin.
They also serve as a user license for the Winamaz plugin and the API and specify the conditions under which the supplier grants users a right to use the Winamaz plugin and provides corrective maintenance of this plugin.
Article 2. Acceptance of the general conditions of sale and use
The user declares that he/she is able to legally contract or represent the legal entity for which he/she contracts these general terms and conditions of sale and use.
Downloading the Winamaz plugin and paying the subscription implies full acceptance of these general terms and conditions of sale and use. They are then deemed to have been read. The user must check a box specifying this point at the time of purchase and before being able to download the Winamaz plugin or obtain a new activation key.
Article 3. Conditions for installing the Winamaz plugin
The Winamaz plugin must be installed on a site using the up-to-date WordPress CMS. It is not compatible with other CMS.
Article 4. Right of use
The supplier grants the user a personal and non-exclusive right to use the Winamaz plugin for its own needs. For the purposes of these general terms and conditions, the supplier grants the user the right to use the Winamaz plugin within the limit of the number of websites provided for in the chosen subscription formula within the limit of the number of calls provided for in the chosen subscription formula.
In the context of these general conditions, a website is understood to be all the web pages published under a single domain name.
In case of subscription by a legal entity, the user is responsible for the respect of the present general conditions by his employees.
The right of use is granted for a period of one year from the date of purchase. A valid and active license key is required to operate the Winamaz plug-in and to obtain updates and support. License keys are renewable on an annual basis.
The supplier grants each user a non-transferable license to use the Winamaz plug-in for internal use as defined by the terms of the chosen subscription (Novice, Pro, Pro +, Expert, Guru) which will be detailed below. This implies that:
When the subscription allows the use of the Winamaz plugin on several sites (Pro, Pro +, Expert, Guru), the user undertakes to use the said plugin only for his own needs. The user shall not provide the Winamaz plugin in any form whatsoever or make it available to anyone else, with the exception of its employees.
The user may under no circumstances resell the key provided by the supplier to other users, whether for commercial advantage or not.
The user undertakes not to commercialize the plugin or to develop products likely to compete with them;
The user may not modify the plugin, nor adapt them, unless expressly authorized in writing by the supplier; the only authorized modifications of the plugin are the CSS adaptations for the customization of templates.
The user may not correct errors in the Winamaz plugin, the parties expressly agreeing to reserve this correction to the provider.
The user is not entitled to grant sub-licenses to any person or entity to distribute the Winamaz plugin.
The provider will only provide support services to the original licensee who can present a legitimate license key. Any other use of this license key for support purposes will be considered fraudulent.
Article 5. Price
In exchange for the license to use the Winamaz plugin, the user undertakes to pay the price indicated on the site on the day the order is validated. Prices are displayed exclusive of VAT. Only the prices mentioned on the site on the date the order is validated are deemed to be in force.
The Winamaz plugin are subject to change during the year. Users who have a valid license will benefit from free updates during the duration of their subscription.
The prices will be reviewed each year according to the new features proposed. The new prices will be available on the website https://winamaz.com/. The provider reserves the right, at any time, to modify or discontinue, temporarily or permanently, a license type (Novice, Pro, Pro+, Expert, Guru) with or without notice.
The payment of the subscription only confers a right of use to the user and does not allow him/her to claim any property right on the Winamaz plugin.
Article 6. Method of payment
The payment process is managed by our online reseller Paddle.com. This is a payment platform that has the quality of a reseller. It will be your reference contact for all subscription payment, order and billing steps.
The subscription to one of the subscriptions required to use the Winamaz plug-in is without commitment of duration and without automatic renewal.
Article 7. Delivery and Access
As soon as payment is received, the link to download the Winamaz plugin as well as the license key and password are sent to the user by e-mail.
Article 8. Software updates
The user benefits from free updates for one year.
Concerning plug-in updates, if the user has a valid and active license key and if his plugin or theme supports them, the updates are automatically provided from the WordPress dashboard. If their plugin or WordPress version does not support automatic updates, the latest version of the Winamaz plugin can be downloaded from the “your account” page on the winamaz.com website.
Article 9. Subscriptions
Winamaz Lite
The Novice Lite license gives the user the right to install the Winamaz plugin on one (1) website and to access all current and future features, updates and support for a period of 12 months from the date of payment. This license allows access to product prices only on the Amazon website.
The Pro Lite license gives the user the right to install the Winamaz plugin on three (3) sites and to access all current and future features, updates and support for a period of 12 months from the date of payment. This license allows access to product prices only on the Amazon website.
The Pro+ Lite license gives the user the right to install the Winamaz plugin on ten (10) sites and to access all current and future features, updates and support for a period of 12 months from the date of payment. This license allows access to product prices only on the Amazon website.
The Expert Lite license gives the user the right to install the Winamaz plugin on twenty-five (25) sites and to access all current and future features, updates and support for a period of 12 months from the date of payment. This license allows access to product pricing only on the Amazon website.
The Guru Lite license gives the user the right to install the Winamaz plugin on one hundred (100) of sites and to access all current and future features, updates and support for 12 months from the date of payment. This license allows access to product prices only on the Amazon website. This is a limited time offer.
Article 10. Property
The plugin remain the exclusive property of the provider, who reserves the right to be the author and producer of the database in accordance with European regulations on intellectual property.
The plugin may not be assigned, contributed or transferred without the supplier’s consent.
The provider guarantees the user against any infringement proceedings that may be brought against it, provided that it is notified in writing by the user as soon as possible and that the plugin have not been modified by the user.
Article 11. Liability and guarantee
The supplier is subject to an obligation of means and not of result, to the exclusion of all others. It guarantees the proper functioning of the Winamaz plugin provided that it has been correctly installed, that the WordPress CMS has been correctly installed, that the said plugin has not been hardcoded and that the user’s server is correctly configured.
In case of technical problems, Winamaz will do its best to ensure the necessary maintenance as soon as possible.
The provider cannot be held responsible for any compatibility conflicts that may arise with other plugins or web browsers. The provider’s policy is to support the plugin and the Winamaz API as best as possible. Nevertheless, conflicts due to interaction between different third-party plugins will be handled according to the availability of the provider’s technical team without any obligation to achieve a result. The provider cannot be held responsible for any loss of data that may occur as a result of the installation of the Winamaz plugin.
The user assumes all responsibilities other than that of the proper functioning of the plugin which is the responsibility of the provider. The user is therefore responsible for :
- the use of the Winamaz plugin and its compliance with the legislation,
- the qualifications and skills of its staff to use the Winamaz plugin,
- the validity of the data he indicates when setting up the plugin.
The user alone shall be liable for any malfunctions and damage caused by any modification of the Winamaz plugin, however minor, made with or without the supplier’s permission.
The user expressly acknowledges having received from the supplier all the necessary information enabling him to assess the suitability of the plugin for his needs and to take all necessary precautions for its implementation and operation. The provider shall in no case be held liable for any direct or indirect damage, even if it has been informed of such damage. The user shall be solely responsible for the use of the plugin.
Article 12. Implementation of the support
Support for the Winamaz plugin is free of charge during the year following the date of purchase. If the user wishes to benefit from the support service beyond this first year, he must purchase a new license of the plugin.
In order to receive support, the user must provide the provider with a valid license key and submit a request explaining the problems they are experiencing with the plugin. The user agrees to give the provider a reasonable amount of time to help resolve such problems. The provider may need access to the user’s website or files on the provider’s server in order to resolve the issues.
Aggressive messages are not handled. Questions about general PHP or WordPress functionality are not considered.
Article 13. Non-transferability
It is expressly agreed that the rights granted by the provider cannot be transferred to a third party by the user.
If the user is a legal entity, the rights of use are not transferable, even in the event of the transfer of the business, lease management, merger or any other operation at the end of which the user’s rights would be transferred to a third party.
Article 14. Right of withdrawal – Refund policy
In accordance with the provisions of the European regulations on consumer protection, you have a period of 14 days from the date of purchase to request a refund without penalty. After this period, no refund will be made. The refund is managed by Paddle.com.
Article 15. Disputes
The present general conditions are subject to Estonian law. Any dispute relating to the interpretation or execution of these general conditions will be submitted to the competent courts of Tallinn.
Article 16. Entirety – partial invalidity
These general terms and conditions express the entirety of the obligations of the parties.
If one or more provisions of the general terms and conditions are held to be invalid by a law or regulation, or declared so by a final decision of a competent court, they shall be deemed to be unwritten. The other provisions of these general terms and conditions shall remain in full force and effect.