Terms and Conditions2018-07-03T09:17:12+00:00

TERMS AND CONDITIONS

The Agreement

This is a legal agreement between the person or organization (“Customer”, “Buyer” or “you”) agreeing to these Terms of Service (“Terms”) and the applicable FormLift licensing entities (“Pilgrim Productions Incorporated”,”FormLift”, “Training Business Pros”, “Seller”, “us,” or “we”). By accepting these Terms, making a purchase, or using any Services provided by us, you represent that you are of legal age and have the authority to bind the Customer to the Order, these Terms, and any applicable Service Descriptions (collectively the “Agreement”).

Our website grants you non-exclusive limited license to use the FormLift plugin and other products sold through our website (https://formlift.net) by Pilgrim Productions Incorporated (the “products”) in accordance with these Terms & Conditions (the “license) issued by our company.

1. Plugin Licensing

FormLift is licensed under the MIT general public license
(https://opensource.org/licenses/MIT).

2. Automatic Upgrades

Automatic Upgrades are available to customers who have purchased a valid license for the plugin which they wish to receive updates for. Upgrades are provided for as long as a valid subscription is available. Subscriptions can be either monthly or yearly.

3. Delivery

After we have successfully processed your payment, you will receive an email with the download link and license key. This may take up to 1 hour to arrive, but usually happens within minutes of placing the order. If you do not receive an email after this time period, please contact us. You may then login to receive support. If you use the email address you used to purchase the plugin you will have instant access to all support related material.

4. Ownership

You may not claim intellectual or exclusive ownership rights to any of our products. All products are property of Pilgrim Productions Incorporated. They are provided “as is” without warranty of any kind, express or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our products.

Credit:

If you are using FormLift as an unpaid user, you are required to allow the “Powered by FormLift” credit to remain. It is reasonable to give credit to the creators of the content if you did not pay for or create that content. Removal or tampering of the credit before becoming a paid customer is a violation of intellectual property rights and is subject to litigation. You may remove the “Powered By FormLift” credit upon paying for any licensed FormLift extension or “All Access Pass”. Failure to do will prompt the blacklisting of your site from API usage.

5. Site Content

All site content, including imagery and documentation that is published on FormLift.net and is the property of Pilgrim Productions Incorporated. Any replicated site content must be authorized in advance. Content from this site shall not be used or exploited for commercial or non-commercial purposes without the prior written consent of Pilgrim Productions Incorporated.

6. Refunds

We will be happy to consider a refund within the first 30 days of your original purchase or annual subscription renewal and will be granted in the sole discretion of Pilgrim Productions Incorporated. Refund requests must include the license key, transaction ID, the date of purchase and the purchaser’s email address. Requests with incomplete or inaccurate information will be disregarded.

REFUNDS WILL ONLY BE GRANTED FOR THE ORIGINAL LICENSE PURCHASE and DO NOT APPLY to product upgrades or annual renewals. No partial refunds will be granted for license downgrades, early termination, un-applied discount/coupon codes, etc.

By upgrading the software license, the buyer agrees they have had a reasonable opportunity to inspect the goods/software and signifies to the seller that the goods are conforming or that the buyer will take or retain them in spite of their nonconformity. At that point (even if the upgrade was within 30 days of the original purchase date) any upgrade amounts paid as well as the original purchase amount are no longer eligible for a refund.

Refund requests may take up to 14 days to process. All refunds will be granted at the sole discretion of Pilgrim Productions Incorporated. Absolutely no refunds will be given after 30 days from the original purchase.

Please note that by purchasing the plugin, you agreed to the terms & conditions of use including the Refund Policy.

Refunds are only processed via the refund request form. Refund requests received via other means will be disregarded.

If you believe you are eligible for a refund based on these criteria, you may request a refund using the refund request form. Remember, refund requests MUST be submitted using the refund request form. Requests sent via email or other means will not be considered.

We reserve the right to change or modify the current refund policy with no prior notice.

7. Support

Pilgrim Productions Incorporated. offers WordPress plugins “as is” and with no implied meaning that they will function exactly as you would like or will be compatible with all 3rd party components and plugins. We do not offer support via email or otherwise support WordPress or other WordPress plugins.

Support is offered to customers with a valid FormLift license key.

Support and automatic product updates are provided for a term of 12 months from the time of purchase. After 12 months the license will need to be renewed in order to continue receiving support and product updates.

The license key and support account are registered to the email address of the original purchaser. The original purchaser (license holder) retains the rights to the license and account even if the account/key is renewed or upgraded by another party. Only the license holder is permitted to request support or access support resources.

License holders cannot distribute, freely giveaway, or resell their license key. The license key is only transferable by contacting us and requesting an official transfer of the license to a new owner. The license is intended to be used on the license holder’s web site(s). Client site usage is permitted in situations where the license holder maintains an ongoing relationship with the client as a consultant.

Providing FormLift as a service or providing FormLift as part of a web hosting solution does not constitute an ongoing client/consultant relationship under these terms.

License holders are not permitted to re-post support forum content or documentation on any external websites, social media outlets, etc. Posting screen captures of this content is also prohibited. Violation will be grounds for immediate termination of the support license and all access to support content and product updates will be discontinued.

8. Transactional Emails

Pilgrim Productions Incorporated may on occasion send you email notifications related to your FormLift license. These transactional emails may include notification of licensing changes, changes to our terms and conditions, license expiration notices and other transactional emails related to your purchase of FormLift. By purchasing FormLift you agree to receive these transactional emails.

9. Account Suspension

Pilgrim Productions Incorporated reserves the right, at any time, to modify or discontinue, temporarily or permanently, a license with or without notice. If an account is suspended no refund will be granted.

10. Pricing/Recurring Billing/Payment Methods

Pricing. We reserve the right to change pricing at any time for any reason. We reserve the right to modify the renewal pricing of an existing license either temporarily or for the future lifetime of the license. If changing prices that affect licenses already owned, we will notify all affected customers in advance to provide the customer with an opportunity to cancel the license in advance of the price change. Notification will be made via electronic mail, using the email address listed by the user on their FormLift account. It the responsibility of the user to ensure that their email address is kept up to date within their FormLift account. We reserve the right to not honor typographical errors which may cause incorrect pricing on the website.

Recurring Billing. By purchasing, renewing or upgrading a FormLift license and providing a valid Payment Method, you authorize us to charge you a license renewal fee at the specified rate to your Payment Method on future anniversary dates. The amount and future billing date will be clearly stated in the My Account section of our website for each support license you own. This may be cancelled by you at any time, see “Cancellation” below. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, for a period that extends beyond the license expiry date.

Payment Methods. The payment method used to purchase, renew or upgrade a support license will be stored securely with our payment processor and will be rebilled when funds become due ONLY FOR THE ORIGINALLY PURCHASED LICENSE. The payment method will not be utilized or stored for any other purposes unless you use it again for a different license. You may edit your Payment Method information by visiting our website and clicking on the “change” link next to the payment due date for that license, as made available in the My Account section of our website.

11. Cancellation

You may cancel your license at any time, and you will continue to have access to downloads and support services until the listed expiry date of the license. ONCE CANCELLED, A LICENSE CANNOT BE RENEWED OR UPGRADED, IRRESPECTIVE OF WHETHER THE EXPIRY DATE HAS PASSED OR NOT. No full or partial refund will be provided for any license cancelled before the end of the license term. A cancelled support license will be valid until the end of the license term.

To cancel, go to the “MyAccount” page on our website and choose “Cancel”.

12. Privacy

We will absolutely never sell or share your personal information with 3rd parties. All data we collect will be used for internal purposes only.

13. DISCLAIMER OF WARRANTY

OUR PLUGIN IS GUARANTEED TO FUNCTION ON A FRESH INSTALLATION OF WORDPRESS USING THE DEFAULT WORDPRESS THEME. WE DO NOT GUARANTEE IT WILL FUNCTION WITH ALL 3RD PARTY PLUGINS, THEMES OR WITH ALL WEB BROWSERS. WE ARE NOT RESPONSIBLE FOR ANY PLUGIN OR THEME COMPATIBILITY CONFLICTS THAT MAY OCCUR. IT IS OUR POLICY TO SUPPORT OUR PRODUCTS AS BEST WE CAN AND WE WILL PROVIDE SUPPORT FOR 3RD PARTY PLUGIN CONFLICTS AT OUR DISCRETION OR AS TIME ALLOWS.

THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY BUYER. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, BUYER AND NOT SELLER OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SELLER OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, SELLER’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES BUYER PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘PILGRIM PRODUCTIONS INCORPORATED’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SELLER TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘PILGRIM PRODUCTIONS INCORPORATED’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY BUYER OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.

15. General

The preceding terms & conditions govern the sale of FormLift™ between you the buyer and Pilgrim Productions Incorporated. By placing an order with us you acknowledge that you have read, understood, and agree with our terms & conditions. Please notify us prior to placing an order if you disagree with any of our terms & conditions or would like to request some type of exemption. We reserve the right to alter these terms and conditions at any time for any reason.