Terms & Conditions
Damian Góra Web Development
dr. Adama Bilika 2/28
42-500 Będzin, Poland (EU)
Our VAT-EU number: PL6521701234
Contact Form: https://fibosearch.com/contact
1732 1st Ave, New York,
10128 NY, USA
I. GENERAL PROVISIONS
- These Terms and Conditions specify the general conditions, ways of provision of services electronically and selling digital products via the Online Service https://fibosearch.com.
- These Terms will apply any time you use a website owned or operated by us (“Website”), or any other means to access our services (“Services”). By using our Website, you confirm that you accept these terms and conditions and that you agree to comply with them.
- These Terms and Conditions are always available at the website https://fibosearch.com/terms-conditions which allows to download, display and record their contents by printing or saving them to a data carrier at any time.
- These Terms may be amended from time to time. Any amendments or new terms will be made available via our Website. You may terminate this Agreement if you do not wish to be bound by any such amendments, but by continuing to use our Services you will be deemed to have accepted the new terms.
- In using our Service, you will not:
- attempt to circumvent any technical measures (including digital rights management) that we may employ;
- take any measures to interfere with or damage Fibosearch Service;
- use the FiboSearch Service to transmit tortious, unlawful, infringing, and otherwise objectionable content;
- spam or harass FiboSearch or any other user;
- use any fraudulent, deceptive, or misleading practices;
- engage in any commercial activities except as permitted by us; or
- engage in any illegal activities.
II. ACCOUNT REGISTRATION
- You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify FiboSearch of any unauthorized use of your password or account or any other breach of security.
- You may terminate this agreement at any time by deleting your account(s). We reserve the right to terminate your account or restrict access to your account for any reason, including your breach of this Agreement.
- Products are subscribed on a period basis (annual). We offer also lifetime access to our products.
- Information about the Products as provided on the Service websites, as well as prices constitute an invitation to conclusion of an Agreement.
- Product Licensing: The source code of the FiboSearch Pro plugin is licensed under the GNU General Public License (http://www.gnu.org/licenses/gpl.html) version 2.0 or later. You can use one license for live/production, staging, dev and localhost sites. You can upgrade your plan in your account (https://fibosearch.com/account) via Licenses → Upgrade to… .
- You are obliged to choose his plan (payment annually or lifetime access.). The payments will be recurring at the beginning of each period.
- Your service will automatically be renewed (subscription annual) and your chosen payment method will be charged at the beginning of each period, unless you decide to cancel your automatic payments for the Services, before the end of the then-current subscription.
- We do not offer a trial version of our products.
- To place an Order for our products an active electronic mail account is required.
- The sell agreement shall be concluded in English.
- Order can be placed 24 hours a day, 7 days a week.
- Online Service will begin order completion after the Order is successfully placed and payment due for the Order is made.
- In case of subscription licenses are valid for one year from the date of purchase. A valid and active license key is required in order to get updates and support for purchased extensions.
- To note that orders and product fulfillment are through our reseller Freemius Inc., 1732 1st Ave, New York, 10128 NY, USA.
- We grant Freemius a license to commercialize our product(s) (including re-selling those licenses) to customers. But we are responsible for our products and content, not Freemius.
IV. PRICES / PAYMENTS
- The prices for products are provided in USD. We may apply taxes, including VAT (value-added tax).
- We may change the price of our Services from time to time and add new fees and charges for certain features or to reflect a change in business or legal rules, but we will provide you with advance notice of changes in recurring fees.
- Online payments are processed by PayPal or Stripe.
- When making a payment, the Customer will be informed immediately before making the payment about the amount in which the payment should be made, about the possible methods of its execution and about the data of the payment provider, if the given service is possible. Detailed terms and conditions for making payments through the operators performing electronic payments are available on the website of the given operator.
- When making a payment via an electronic payment operator, the customer should follow the instructions given by the operator of electronic payments in order to make a payment.
- The customer agrees that the purchase documents (VAT invoice / receipt) for the order will be sent electronically from our reseller Freemius.
- You can change your billing or invoice information in your account (https://fibosearch.com/account) via My Profile → Billing.
V. RETURN POLICY
- The Customer who is a Consumer may withdraw from the Agreement without specifying the reason by submitting an appropriate declaration within 14 days according to law. But we offer the extended right of withdrawal to the Consumer (30 days).
- For each new Customers (not only Consumers), we offer a unconditional money back guarantee. We give thirty days from your purchase date to try your plugin. If you decide it’s not the right solution for you, you can email us or contact us through the contact form and we’ll issue a full refund. firstname.lastname@example.org or https://fibosearch.com/contact .
- For existing customers, refunds on upgrades will be made on a per situation basis. Users who are found abusing the refund policy in any way (like multiple refunds for individual products in a given time period) will not be issued a refund.
- We are responsible for managing and handling customer refunds, not Freemius.
- We have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
- Complaints arising out of a breach of the Customer’s rights guaranteed by law or under these Terms and Conditions should be sent to the electronic mail address: email@example.com .
- We undertake to process each complaint within 14 days. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, immediately, but not later than within 7 days from the date when the Customer received the request.
- We would like to inform you that out-of-court complaint handling and redress procedures can be used. They can be used on a voluntary basis and only if both parties to the dispute agree to it.
- Detailed information on consumer dispute resolution, including the possibility for the Consumer to use out-of-court complaint handling, redress and the rules of access to these procedures is available at the offices and on the websites of county (municipal) consumer advocates, Voivodship Inspectorates of Trade Inspection.
- For example in Poland the Customer who is a Consumer has the right to refer to a permanent amicable consumer court operating by the Commercial Inspection with a request to settle a dispute arising out of the concluded Sales Agreement.
- According to article 14, paragraph. 1-2 of Regulation of the European Parliament and of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing information on the ODR platform. Online Dispute Resolution is intended to facilitate an independent, non-judicial settlement of disputes between consumers and traders through the Internet. These disputes relate to contractual obligations arising from online sales or service contracts concluded between consumers living in the Union and traders established in the Union.
- The Consumer who would like to take advantage of the possibility of an amicable resolution to disputes concerning online purchases may submit a complaint, for example, via the EU”s Internet ODR platform which is available at: http://ec.europa.eu/consumers/odr/.
- Personal data in the Online Service shall be processed by the Controller in accordance with the binding legal regulations, in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
- Your use of our service is at your own risks.
- Except as required by applicable law, no warranties of any kind, either express or implied.
- FiboSearch makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. FiboSearch does not represent or warrant that (a) the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet your requirements or expectations (c) errors or defects will be corrected, or (d) the Services are free of viruses or other harmful components.
- In addition to the above disclosure, FiboSearch is licensed under The GNU General Public License; Version 2 (v2). For the developers’ and authors’ protection, the GPL also clearly explains that there is no warranty explicitly implied for the use of FiboSearch or its derivatives.
IX. FORCE MAJEURE
- Neither Party can be held liable for the non-performance of any of its obligations, force majeure incident including but not limited to epidemic, flood, fire, storm, raw materials shortage, transportation strike, partial or total strike, or lock-out. The Party affected by such events must inform the other party promptly, no later than five (5) business days after said event occurs.
- The parties agree that they will work together to determine how best to fill the order while the force majeure incident persists.
X. FINAL PROVISIONS
- These Terms & Conditions will be governed by the law of the Republic of Poland, without regard to its conflict of law provisions.
- The choice of law made by the parties shall not have the result of depriving the consumer of the protection guaranteed to him by the mandatory rules of the law of the country in which he has his habitual residence in UE.
- The matters not provided for in these Terms & Conditions shall be governed by Polish law and UE law.
- Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Service presenting a list of amendments and their effective dates. The Customers who possess an Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If the Customer who has a Customer Account does not accept the amended Terms and Conditions, he shall be obliged to notify this fact to the Seller within 14 days from being informed about the amendment of the Terms and Conditions. Notification of non-acceptance of the new Terms and Conditions shall result in termination of the Agreement.
Last Updated: March 30, 2021