Terms and Conditions
Hi and welcome to our Terms and Conditions! We are excited to have you as a new customer and would like to thank you for choosing to use our services.
This website is owned and operated by IncredibleWP Inc. Please review these Terms carefully as they serve as an enforceable contract between us. If you have any questions or suggestions about these legal Terms, you are welcome to contact us.
Acceptance of Terms
By visiting this website, registering, submitting any content, or using any products or services we offer, you approve that you have read, understood, and agree to be bound by these Terms and enter into a legally binding contract with IncredibleWP. You also acknowledge that you have read our Privacy Policy located at: https://incrediblewp.io/privacy-policy. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
To use our Services, you are required to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You must provide and continue to provide accurate and complete information, including a valid email address.
To use our website and/or receive our services, you must be at least 18 years of age, or the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement, for yourself or on behalf of the person or entity committed by you to these Terms. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
In case you are entering into this Agreement on behalf of a company or other legal entity, you must have the required authority. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Services.
License
Subject to your full compliance with these Terms and full payment of all applicable Fees, IncredibleWP grants you, a non-exclusive, fully revocable, non-sublicensable, non-transferable, license to access and use the available Services and/or our WordPress plugins for personal or business purposes, subject to the terms and conditions outlined herein.
You are not allowed to resell, sublicense, transfer your licenses to a third party, modify a software codebase, or re-distribute any of our products or website content. In case of a legal violation of this Agreement, we reserve the right to revoke your licenses, terminate the subscription plan, and take the necessary legal steps.
Sharing or reselling your license key is not allowed. If we discover a violation of this rule, we reserve the right to immediately suspend the account without notice, indefinitely.
Subscription Fees
The use of certain Services or Products may be subject to payment of fees. The subscription fee will be listed at the time of your purchase. If you wish to receive or use such Services, you are required to pay all applicable Fees in advance according to the selected subscription plan. Such fees shall be billed in advance for each period and are non-refundable except as specifically mentioned in these Terms of Service (as described in the section below, “Refund Policy”). Fees are not applicable for a refund for any partial period of a subscription plan in which your Subscription remains active but you do not use the Services.
All payments are processed through secure third-party payment processors. To subscribe to a Subscription Plan, you must provide a valid payment method. You agree to provide accurate billing and payment information. By subscribing to a Subscription Plan and providing your billing information during checkout, you grant us and our payment service providers the right to process payment for the then-applicable fees via the payment method we have on record for you. At the end of each subscription term, we will automatically renew your subscription for the same length of term and process your payment method for payment of the then-applicable fees.
IncredibleWP may also be required to add taxes to your subscription fee. You will pay any applicable taxes, if any, relating to any such purchases, including transaction fees.
If we are unable to process payment through the payment method we have on file for you, or if you file a chargeback disputing charges made to your payment method and the chargeback is granted, we may suspend or terminate your subscription plan and revoke your licenses.
We reserve the right to modify the billing rates of our Subscription Plans at any time at our sole discretion and to correct pricing errors that may inadvertently occur. Any price changes or changes to your subscription will take effect following notice to you, except as otherwise required by applicable law.
Exchange Rates
All listed prices of subscription plans, actual charges, and refunds are based on the USD currency. As the exchange rate is constantly updated, the cost of Services may change over a given period depending on the currency you choose to pay. Refunds are likewise issued in USD and are subject to exchange rate volatility. You are responsible for any currency exchange taxes, fees, or other costs that may be incurred by making a purchase or asking for a refund.
Taxes
To the extent permitted by law, all Fees are exclusive of all taxes (including value-added tax, sales tax, goods and services tax, etc.), levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all applicable Taxes. In case, IncredibleWP is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction.
Discount Policy
IncredibleWP may offer discount pricing or other promotional offers for using the Services. Discount codes are applied on an introductory basis, meaning that are only applied for the first term of the selected subscription plan. Once a discounted period has expired, you agree that our normal billing rates shall apply and you authorize us to automatically charge and without notice, renew your subscription plan at the full up-to-date regular price.
Invoices
As part of the purchase process and based on your provided Personal Information, IncredibleWP will issue an invoice for any payment of Fees or a refund. Each Invoice will be issued in electronic form and based on the country stated in your billing address and will be made available to you by e-mail.
Subscription Auto-Renewals
To ensure that you do not experience any interruption or loss of Services, certain Paid Services include an automatic subscription renewal option by default, unless you notify us before the end of the applicable subscription period that you want to cancel your renewal. You authorize us to collect the applicable annual subscription for such Renewal using any credit card or other payment medium we have on record for you.
In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel your subscription plan, without further notice.
You are solely responsible to verify and ensure the successful renewal of the Services you use (whether or not such Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible concerning any discontinuation of any Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against IncredibleWP about the discontinuation of any Services or Third-Party Services, for whatever reason.
Refund Policy
As part of our no-risk money-back guarantee, if you are not happy with your initial purchase of a paid subscription plan, you may provide notice of cancellation to our support team for any reason within fourteen (14) days of having first ordered (“Refund Period”). In case IncredibleWP receives such notice within the Refund Period, we will stop your Subscription and issue you a refund for the amount that was changed. If you reside in a jurisdiction that requires a longer Refund Period, we will accommodate such requirements under all applicable laws.
While some refunds may be quick, refund credit can take up to 7-14 business days to show up on your credit card statement. The Refund amount may be different than the amount you were charged due to currency changes and third-party fees. IncredibleWP will not be responsible for any differences caused by a change of currency exchange rates or fees you were charged by third parties.
If you didn’t provide an adequate refund or cancellation notice during the Refund Period, the Fees paid by you will be non-refundable and non-cancellable. There will be no refunds for partial months of Service or for periods in which your Subscription remains active, but you do not use the Services.
Chargebacks
Please note that if you have any questions or concerns regarding a payment made by you, we highly recommend you first contact our Support team before filing a chargeback request to your payment provider.
If at any time, we record a decline, chargeback, or other rejection of a charge of any payable Fees, this will be considered as a breach of your payment obligations hereunder, and your use of the IncredibleWP Services may be automatically disabled or terminated including revoking active licenses.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did authorize the transaction and received or made use of the services rendered thereafter.
Cancellation and Termination
In case you wish to cancel your annual Subscription Plan, please notify our Support team via email including the email address used in your account and the specific Subscription Plan details. If you cancel your Subscription within the first fourteen (14) days of opening your account, you will receive a refund of your Subscription fee.
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination, you violate any provision of these Terms or any applicable law or regulations.
Support and Updates
The Support and software updates for plugins sold and distributed by IncredibleWP are only available for those who have an active, paid license that is granted for one year after the original purchase or a lifetime support plan. After one year is completed, it is required to renew the license to continue receiving support, and updates, and be able to access download plugin files for the items purchased.
If any attempt is made by another party other than the license holder to access support in a manner not specified, we reserve the right to suspend indefinitely the license keys without notice or consent.
IncredibleWP is fully committed to supporting and developing its plugins. Support for a specific WordPress plugin will be provided as long as the plugin is actively in development by IncredibleWP and secondly that the WordPress project is actively maintained. We reserve the right to modify, update, or discontinue our plugins without prior notice.
Intellectual Property
Our WordPress plugins and all associated content, the offered Services, and all materials therein or transferred thereby, including, without limitation, software code, templates, documentation, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, domains and all Intellectual Property Rights related thereto, whether registered or capable of being registered are the exclusive property of IncredibleWP.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, reverse engineer, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works thereof.
Any suggested ideas or feedback that you provide about the website, content, products, services, or business operation, shall be exclusively owned by IncredibleWP. By providing such feedback, you acknowledge and agree that it may be used by us to improve our services and products.
Data Security and Privacy
During your use of Incrediblewp.io and/or the content or services made available, you may be asked to provide certain personalized information to us. We take the security and privacy of your data seriously. Our data handling practices are outlined in our Privacy Policy. You acknowledge that by using our website, plugin, or any Service, you consent to our data practices.
You are solely responsible for the accuracy and content of your personal information. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. You agree not to use our Services and/or Plugins for any illegal or unauthorized purpose.
Disclaimer of Warranties
Your use of the website, Services, and plugins and all content forming part of or related to the website, including any content you upload or submit and any third-party software and content, is your sole responsibility and risk.
We provide the IncredibleWP Services and products on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law.
We specifically do not represent or warrant that the IncredibleWP Services and/or Products (or any part, feature, or Content thereof) are complete, will meet your full requirements, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your requirements and activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or that their operation will be free of any viruses, bugs or other harmful components or program limitations.
You agree that, from time to time, IncredibleWP may prevent access to the website for indefinite periods without noticing you. Your access and use of the website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the site, or other actions that IncredibleWP, in its sole discretion, may elect to take.
You acknowledge that IncredibleWP is not responsible for the acts or omissions of, or for the failings of, any third-party provider including but not limited to, hosting service providers, cloud service providers, or internet service providers used by IncredibleWP.
Any material downloaded, or obtained through the use of the site, or provided from us as written advice, is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from using any such material.
Limitation of Liability
To the extent permitted by law in each applicable jurisdiction, IncredibleWP, its officers, directors, shareholders, employees, affiliates, suppliers and distributors shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whatsoever, including any damage resulting from (1) any personal injury or property damage; (2) mistakes or errors (3) any unauthorized access to our servers and/or any personal information and/or other information stored therein; (4) any interruption of data transmission to or from our servers; (5) events beyond the reasonable control of IncredibleWP, including any equipment failures, 3rd party cloud services failures , internet failures, electrical power failures, strikes, labor disputes, civil disturbances, shortages of labor, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, governmental actions, or orders of courts; (6) loss of data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of IncredibleWP Services or Products.
Our aggregate liability to you or any third parties under any circumstance arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid IncredibleWP in the past twelve months before the event giving rise to your claims. As some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, some of the above may not apply to you.
IncredibleWP reserves the right to modify, suspend, or discontinue the Site and/or Services, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. IncredibleWP shall have no liability whatsoever for any damages, liabilities, losses, or any other consequences that you may incur as a result of any such modification, suspension, or discontinuance.
Indemnity
You agree to indemnify and hold IncredibleWP, and its subsidiaries, partners, affiliates, technology, and service providers, harmless from and against any claims, losses, obligations, costs, damages, or expenses (including attorneys’ fees) arising from (1) your use, non-use or misuse of our plugins, and/or website and/or any of the Services offered on our website; (2) your violation or breach of any term of these Terms of use; (3) your violation of rights including intellectual property rights, of a third party (4) any other type of claim that your usage caused damage to a third party.
IncredibleWP reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify IncredibleWP and you agree to cooperate with IncredibleWP’s defense of these claims and not to settle any matter without the prior written consent of IncredibleWP.
Governing Law and Jurisdiction
You expressly acknowledge and agree that IncredibleWP shall have the right to enforce these Terms of Use against you. These Terms and Conditions are governed by the laws of the state of Israel. All claims and disputes arising under these Terms shall be governed by, constructed under, resolved, and enforced in all respects solely and exclusively in the courts of Israel, without respect to its conflict of laws principles.
You hereby agree to submit to the exclusive jurisdiction of the courts in Israel, concerning any claim, proceeding, or action relating to or otherwise arising out of this Agreement, the website, the Services, or Products.
Subject to any applicable law, all disputes between you and IncredibleWP shall only be resolved on an individual basis, and you shall not have the right to bring any claim against IncredibleWP as a consolidated or representative action or any other legal proceedings conducted by a group or by representatives on behalf of others.
Legal Actions and Notices
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one year after the cause of action has accrued, except where this limitation cannot be imposed by law. Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or by the email associated with your account.
Inline Linking
You may be able to open third-party websites (Linked Sites) from Incrediblewp.io. You acknowledge and agree that we have no responsibility for the content, services, products, or other materials that may or may not be provided by or through Linked Sites.
You agree that if you include a link from any other website to Incrediblewp.io, such link must link to the full version of an HTML formatted page of Incrediblewp.io. You are not permitted to link directly to any image, video, or software file hosted by Incrediblewp.io or our services, such as using an “in-line” linking method to cause the file hosted by us to be accessed on another website.
Services Changes & Updates
You can stop using our Services at any time, although we’ll be sorry to see you go. IncredibleWP reserves the right, without prior notice, to change, suspend, or terminate any of the Services and/or Products; add or remove functionalities or features, stop providing the Services or any features of the Services we offer; or create limits for the Services. IncredibleWP may permanently or temporarily terminate or suspend access to the Services with or without prior notice at any time and in any manner.
IncredibleWP reserves the right to terminate your plugin license and access to our website if you violate these Terms and Conditions or decide not to renew your subscription plan.
Changes to Terms and Conditions
From time to time, we may update or modify these Terms to clarify our practices or to reflect new or different practices. We reserve the right in our sole discretion to revise or change these Terms and Conditions (in whole or in part) at any time. You are responsible for periodically checking the up-to-date version of this Agreement and Privacy Policy. Changes to the Terms and Conditions will be effective on the day they are posted unless stated otherwise.
Your continued use of our Services, and/or plugins after any changes to the Terms and Conditions are posted will be considered acceptance of those changes. Any revised Terms shall supersede all previous Terms.
Contact Information
If you have any questions, concerns, or feedback about these Terms and Conditions or our Services, you are more than welcome to contact us at support@incrediblewp.io. Thanks again for using our Services.