Terms & Conditions

Overview

Who we are

Welcome to Tangible Plugins (the Site), a place where you can purchase WordPress themes and plugins (the Products) for self-installed instances of WordPress (not WordPress.com) conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Tangible Inc. is operated by Tangible Inc. (we, our, us). It is our pleasure to have you with us. We are a company in trade registered in Canada under company number 975541-1 and with our registered office at 400 rue Marquette, 2nd floor room #227, Sherbrooke, QC, J1H 1M4, Canada. Our main trading address is 400 rue Marquette, 2nd floor room #227, Sherbrooke, QC, J1H 1M4, Canada and you can contact us by phone on +1 877-761-8696 or by email at [email protected]. Our GST and PST numbers are 766733927 and 1223880726 respectively.

Agreement to terms

These are the terms that govern your use of our Products. They also govern your use of other material on this Site and the Site itself. By viewing and using the Site, or purchasing one of our Products, you will be deemed to agree to the following terms and conditions (“Terms of Service”, “Terms”, “Terms of Use”, “Terms & Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.. That creates a contract between us and you. If you are acting on behalf of a business, you will be taken to have the authority to do so and the contract will be between us and the business you represent. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

General conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Copyright

Unless we say otherwise for a particular Product or part of the Site, new copyright in our Products and in other material on the Site is owned by us or our licensors. When you purchase one of our Products, you are purchasing the right to access and download the Product together with the right to access support, and any updates we may release, for a period of 12 months (on the terms described below). You are not obtaining ownership of the intellectual property rights in the Product. Your licensing rights are specified below.

Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Licensing of our products

Our Products are fully licensed under the GNU General Product Licence, version 2. Except as mentioned in a moment, the GPL applies to everything you’ll find in our Product zip files: PHP, HTML, javascript, CSS, images and anything else. The only exception to this is where we have used public domain assets for a Product (e.g., public domain images) or where we have used assets (such as images) that have been licensed by someone else under an open access licence, such as a Creative Commons Attribution licence or a Creative Commons Attribution-ShareAlike licence. You’ll be able to see whether that’s the case for a particular Product by checking the licence files included in the zip file you’ll download. If we do use assets (such as images) licensed under another licence, we’ll only use assets where that other licence gives you the same freedoms as those under the GPL. That way you can be sure you’ll have the rights you may need.

Understanding the GPL

We think it’s important that you understand the freedoms you have under the GPL. In a nutshell, you are allowed to:

use the licensed material for any purpose;
study how it works and freely adapt it;
redistribute it to anyone, with or without a fee; and
improve it and redistribute those improvements to anyone.

This means, for example, that you can use our Products on any number of your own sites and on any number of your clients’ sites. We know the GPL’s text can be hard to understand at times, so we’re providing a human-readable summary of the main points for your information that you can read at any time. The licence terms themselves govern your use of the licensed material but we hope the summary makes life easier for you.

Licensing of other material

All intellectual property rights in other material on our Site are reserved. You can download, save and print descriptive and instructional material to enable you or your clients to fully understand and use the Products that you or they have purchased, as long as you attribute Tangible Inc. as the source of the material. You are not permitted to sub-license, sell or republish it any way.

Redistribution

You’ll see from what we’ve said above that the GPL freedoms allow you to redistribute our Products to others (as long as you don’t infringe any trademark or other rights we may have or breach any law). However, please appreciate that we have spent hundreds of hours developing our Products, that we do so as a means of sustaining ourselves and our families and that we rely on continued sales to maintain and improve the Products you purchase and to provide support to you. If you make our Products available on another website for others to download, you may threaten the revenue streams that sustain our business and enable us to maintain and improve our Products. You may also lose your right, under these terms of use, to access support and updates from us (as described below).

Support and updates via access key

When you purchase one of our Products, you will be sent an access key (a numeric or alpha-numeric code). You activate the access key by entering it within the WordPress dashboard once you’ve installed the Product. Activation of the access key entitles you to support (as described in our support policies from time to time) in relation to the Product you have purchased and limited to the site(s) for which you are entitled to and have activated the access key. Activation of the access key also entitles you to updates of the Product that we release, again in the context of the site(s) for which you are entitled to and have activated the access key.

Your right of access to support and updates lasts for 12 months from the date you purchase the Product. If you wish to obtain support and updates after that time, you will need to renew your subscription for another 12 months. In some instances we may sell licenses that grant lifetime access to updates. These licenses retain a 12 month limit on support from the date you purchase the Product even though updates will continue to be provided past the 12 month support period.

We will provide updates and support to those with active license keys within their support period as long as the Product is still actively in development. We may cease providing support and updates should one or many of the following occur:

Tangible Inc. goes bankrupt or is dissolved
A plugin is no longer actively developed by Tangible Inc.
Our company, website or product is acquired or merged with another company
A software dependency of one of our plugins is no longer actively supported

While we strive to provide great support for our plugins, we do not guarantee that any particular support request can, or will be answered to the extent, or within a timeframe that the inquirer is completely satisfied with.

Subscriptions and automatic renewal

Our Products may be sold as automatically recurring subscriptions that renew at 12 month intervals.

This subscription will automatically renew at the end of the license term unless the purchaser cancels their subscription prior to the automatic renewal date. If you’re a Customer, you are responsible for properly cancelling your account. You can cancel your account at any time by contacting Support at [email protected] or by using any other account termination method described on this website from time to time. Your account will not be cancelled until you receive an acknowledgement of receipt from us (we seek to process cancellation requests as soon as possible).. If you choose to cancel your subscription you will no longer receive updates and support for the plugin when your license expires.

Requesting support

To request support, you will need to obtain a login to the support area of our Site. It is your responsibility to select a strong password and to protect it against loss and unauthorised use. If requested, you must provide details of your true identity. You agree not to provide fictitious details or to impersonate another person.

User content, comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Access key, login and right to support personal to you

Your access key, your support login and your right to support are personal to you. You are not permitted to share any of them with, or transfer any of them to, anyone else without our prior written approval (which we may refuse at our discretion) and you are not permitted to republish support answers on any other website or medium. If you do any of these things, we may deactivate your access key and terminate your right to support and updates, with or without notice and without refund. You agree that we may also exercise these powers if we have reason to believe you are requesting support for sites that do not fall within your support entitlements or if you are making our Products available on another website for others to download, with or without charge. (This does not defeat your rights under the GPL. We are simply saying that if you decide to exercise your GPL rights in that way, you will lose your right under these terms of use to access support and updates from us.) If we believe the security of your access key or login has been compromised, we may suspend your rights of access while we investigate. If you believe your login has been compromised, please let us know as soon as possible.

Fees

You must pay all applicable fees by their due dates and in the manner we specify. Fees in relation to future renewals are subject to change at our discretion, with revised fees applying from the end date of the currently paid-up period.

All Fees are exclusive of all taxes, levies or duties imposed by taxing authorities or law, and you shall be responsible for payment of all such taxes, levies or duties that may be payable in your jurisdiction.

Refunds

Our policy with regards to refunds is described in our Refund Policy. In agreeing to these Terms of Use or using our website, you will be taken to have read and agreed to the terms of that Refund Policy.

Unlawfulness and abuse

You agree that you will not:

use our Products or services for any purpose or in connection with any activity that is unlawful in your country or, where relevant, state; or
post or transmit to or from the Site or any associated support forum any material that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.

Abuse of any kind of any of our customers or staff members may, at our discretion, result in immediate account termination (meaning you will no longer be entitled to support or updates), without refund of any fees already paid.

Indemnity

You agree to and will indemnify us and keep us indemnified against all liabilities, damages, losses, costs and expenses (including legal expenses) suffered or incurred by us as a result of any breach by you (including, if you’re a business, your staff) of any of these terms.

Exclusion of liability and warranties

To the maximum extent permitted by applicable law, all warranties (including any warranties implied by law) in relation to the Products and this Site are excluded. You agree that we are not responsible for conflicts between our Products and other themes or plugins. You agree that we are not responsible for any data loss as a result of installing or using our Products. Except as set out in the next paragraph below, we disclaim and exclude all liability for any claim, loss, demand, damages or expenses of any kind (including for negligence) arising out of or in connection with your use of any Product, other material on this Site or the Site itself.
If you are purchasing a Product as a consumer (and not for your own or others’ business purposes) and if, under applicable law, we are not able to disclaim and exclude all liability as described in the previous paragraph above, then:

that paragraph does not apply; and
you agree that our maximum liability to you under or in connection with these terms of use and our provision of any Product or other material to you shall be limited to three times the value of the relevant Product you have purchased.

Termination or expiry

Unless terminated earlier in accordance with these terms, the contract formed by these terms with a purchaser of our Products will expire at the end of the last paid up period during which the purchaser is entitled to access support and updates.
Termination or expiry of the contract will not affect:

any rights and remedies available to us which have accrued up to and including the date of termination or expiry; or
the provisions of the contract which, by their nature, survive termination or expiry, including the paragraphs headed “Licensing of our Products”, “Indemnity”, “Exclusion of liability and warranties”, “Effect of a clause being held unlawful” and “Governing law and jurisdiction”.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Privacy

Our treatment of your personal information is described in our Privacy Statement. In agreeing to these terms of use or using our website, you will be taken to have read and agreed to the terms of that privacy statement.

Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per organisation or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Commercial messages

You agree that we may use affiliate links in or for the Site in accordance with our Affiliate Linking Policy. In agreeing to these Terms of Use or using our website, you will be taken to have read and agreed to the terms of that Affiliate Linking Policy.

Affiliate links

Our affiliate program

When we refer to an Affiliate for Tangible Plugins, we mean a person or corporate entity that refers potential Customers to us in exchange for a sales commission. You agree that if you become an Affiliate for Tangible Plugins, you will be taken to have read and agreed to the terms of our Affiliate Program Agreement.

Third party links

Certain content, Products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Changes to terms

We reserve the right to change these terms and our privacy statement at any time and will provide you with notice of the change, either on this Site or by email, as we prefer. You agree that notice of a change on this Site will be deemed to be notice to you. Continued use of this Site or our Products after any such change constitutes your agreement to the change.
No change to these terms will affect your rights under the GPL in relation to a Product you have purchased or under any Creative Commons licence (if any) that may apply to particular assets such as images.

Effect of a clause being held unlawful

If any of these terms or its application to any person or circumstances is, to any extent, held to be invalid, illegal or unenforceable for any reason by any court or tribunal:

that term will continue to apply, to the maximum extent permitted by law, to other persons or circumstances not affected by the invalidity, illegality or unenforceability;
the invalid, illegal or unenforceable provision will be deemed to be amended to reflect the original intention (as determined from this Site) as nearly as possible in accordance with applicable law in respect of those persons or circumstances giving rise to the invalidity, illegality or unenforceability; and
the remainder of these terms shall continue in full force and effect.

Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.

Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Site constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use)

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

Governing law and jurisdiction

These terms are governed by the laws of Canada. Without limitation to our ability to secure interim relief in any jurisdiction, you agree to submit to the exclusive jurisdiction of the courts of Canada in relation to any dispute concerning the contract formed by these terms, its formation or your use of any Product or this Site.

Enquiries or complaints

It’s important to us that you let us know if you have any concerns or need support. We’re here to help. If you have any enquiries or complaints, please contact us by email at [email protected].

Changelog:Terms of use created on 11 June 2018.
Added language to support lifetime licenses on 22 November 2018.
Updated address on 22 November 2019. No changes have been made since that date.