Terms of Service
These Terms of Service (“Terms”) govern your use of the wp-image-editor.com website and the WunderPaint software (the free plugin, WunderPaint Pro, and extensions). By accessing or using our websites and services, you agree to these Terms. If you do not agree, please do not use our websites or services.
TBIT DESIGN reserves the right to modify these Terms at any time. Changes will be posted on this page. Your continued use of our websites and services after changes are posted constitutes your acceptance of the modified Terms.
Definitions
“We”, “us” and “our” refer to TBIT DESIGN, Thomas Breher, Pappelallee 7, 26122 Oldenburg, Germany. “You” and “your” refer to the user of our websites and services. “Services” refers to all products, software, tools and services offered by TBIT DESIGN. “Content” refers to all text, graphics, images, audio, video, software, code and other material on our websites.
Eligibility
Our services are available only to individuals who are at least 18 years old or who have reached the age of legal majority in their jurisdiction. By using our services, you represent and warrant that you meet this requirement. We do not knowingly collect personal information from children under the age of 16. If we become aware that we have collected personal data from a child under 16, we will take steps to delete that information promptly.
Account and registration
Some of our services may require you to register an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and complete information during registration and to keep this information up to date.
The software and licensing
WunderPaint is a WordPress plugin. Its program code is licensed under the GNU General Public License, version 2 or later (GPL). Under the GPL you may use, study, modify and redistribute the code. See our License page. Pro and paid extensions do not restrict that license: you purchase access to downloads, automatic updates and support for a defined period.
Purchases (Freemius as Merchant of Record)
Paid licenses are sold through Freemius, Inc., acting as our authorized reseller and Merchant of Record. Your purchase and payment contract is concluded with Freemius on our behalf. Prices, applicable taxes and payment terms are shown at checkout.
Updates and support
An active license entitles you to updates and support for its term. The free plugin remains available and functional regardless of any paid license.
Extension Directory and submissions
We may operate an Extension Directory in which third-party developers submit extensions. Where this is offered: you retain ownership of your submitted extension and are solely responsible for it, including its licensing (GPL compatibility), legality, security, support and any sales you make. We review submissions and may, at our discretion, list, publish, link to, or decline them, and we are not liable for third-party extensions. Dedicated developer terms will apply when the Directory launches.
Intellectual property
All content on our websites is the property of TBIT DESIGN or its respective licensors and is protected by applicable copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, distribute or create derivative works from any content without our prior written consent.
You may view and download content for personal, non-commercial use, provided that you maintain all copyright and proprietary notices. Content indicated to be for sale may only be used under the terms of the respective licence agreement.
The trademarks, service marks, trade names, domain names and logos displayed on our websites are trademarks of TBIT DESIGN or their respective owners. You may not use any trademarks without express written authorisation.
User-submitted content
If you submit content to our websites (such as comments, forum posts or other contributions), you grant TBIT DESIGN a non-exclusive, royalty-free, worldwide licence to use, edit, copy, publish, distribute and translate such content in any medium and for any purpose related to our services.
You represent and warrant that you own or have the necessary rights to the content you submit, and that your content does not infringe the rights of any third party. You are solely responsible for the content you submit, including its legality, accuracy and appropriateness.
Paid services and subscriptions
Certain services require payment. Prices and payment terms are displayed at the time of purchase. All services are available to members for as long as their subscription is active. Upon cancellation of a subscription, your account data will be deleted in accordance with our Privacy Policy, unless retention is required by law.
Refund policy
If you are not satisfied with your purchase, you may request a refund within 30 days from the purchase date. Because paid licences are sold by Freemius as merchant of record, refunds are processed by Freemius: request one from your Freemius purchase-confirmation email, or contact us and we will arrange it. Our Refund Policy page sets this out in full.
Prohibited use
You agree not to:
- Use our services for any unlawful purpose or in violation of any applicable laws or regulations
- Interfere with or disrupt the operation of our websites or services
- Attempt to gain unauthorised access to our systems or networks
- Use our services to send unsolicited communications (spam)
- Use bots, scrapers or other automated means to access our services without authorisation
- Reverse-engineer any software provided through our services, unless expressly permitted
- Use our services in connection with botnets or similar malicious activities
We reserve the right to terminate any account involved in prohibited activities immediately and without notice or refund.
Third-party links and services
Our websites may contain links to third-party websites and services. We are not responsible for the availability, content or practices of those third-party sites. Your use of third-party sites is subject to their respective terms and privacy policies. We encourage you to review those policies before using such sites.
Disclaimer of warranties
Our websites, products and services are provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that our services will be uninterrupted, error-free or free of viruses or other harmful components. You are responsible for implementing appropriate safeguards for your systems and data.
Limitation of liability
To the extent permitted by applicable law, TBIT DESIGN shall not be liable for any indirect, incidental, special, consequential or punitive damages arising out of or related to your use of our websites, products or services, regardless of the form of action or theory of liability.
Our total liability for any claim arising out of or related to these Terms or our services shall not exceed the amount you paid to us for the specific service giving rise to the claim in the twelve (12) months preceding the event giving rise to the liability.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.
Indemnification
You agree to indemnify and hold TBIT DESIGN, its officers and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of our services, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.
Copyright infringement
If you believe that any content on our websites infringes your copyright or other intellectual property rights, please contact us with a description of the alleged infringement:
TBIT DESIGN
Thomas Breher
Pappelallee 7
26122 Oldenburg
Germany
Email: info@tbitdesign.com
Communications
By registering for our services, you agree to receive email communications from us regarding your account, service updates and related information. You can opt out of non-essential communications at any time by contacting us at info@tbitdesign.com or by using the unsubscribe link in our emails.
Governing law and dispute resolution
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions. If you are a consumer within the European Union, you also enjoy the protection of the mandatory provisions of the law of your country of residence.
We will endeavour to resolve any disputes amicably. If a dispute cannot be resolved amicably, the courts of Oldenburg, Germany shall have jurisdiction, unless mandatory statutory provisions require a different jurisdiction.
Severability
If any provision of these Terms is found to be void or unenforceable, the remaining provisions shall continue in full force and effect.
Modification and discontinuation of services
We reserve the right to modify or discontinue any service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension or discontinuation of our services.
Entire agreement
These Terms, together with our Privacy Policy and any applicable licence agreements, constitute the entire agreement between you and TBIT DESIGN regarding the use of our websites and services.
Contact
If you have any questions about these Terms of Service, please contact us:
TBIT DESIGN
Thomas Breher
Pappelallee 7
26122 Oldenburg
Germany
Email: info@tbitdesign.com