1. Consulting Services
By purchasing consulting services from our site, we will make every attempt to address questions and provide assistance as soon as possible. At a minimum, we will provide services within the required timeframe unless we are unable to reach you during business hours (Eastern Time) through no fault of our own. If the time required to resolve an issue extends beyond the purchased hours, we will obtain your consent before proceeding and additional hours will be billed at $150 USD per hour. Additional time is billed monthly in arrears and tracked to the minute, with a minimum of 30 minutes per request. Only the initial hours purchased are guaranteed to be completed within the time frame indicated for the product.
2. Plugin Purchases
2.1. Plugin Licensing
Uncanny Owl plugins, unless otherwise stated, are licensed under the GNU General Public License (http://www.gnu.org/licenses/gpl.html) version 2.0 or later.
2.2. Plugin Warranty
Plugins sold and distributed by Uncanny Owl Inc. are done so in the hope that they will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
Inasmuch as WordPress functions correctly on a clean install of itself, our plugins are guaranteed to function on a clean install of the minimum, stable and required version of WordPress for Uncanny Owl plugins. Because the number and variety of plugins is vast and wide, we do not guarantee that the plugin will function with all third-party plugins, themes or browsers of any kind. We do not assume responsibility and will not be held responsible for any conflicts or compatibility issues that may occur due to third-party software. We assume no responsibility for any data loss as a result of installing or using Uncanny Owl plugins. Should conflicts occur with third-party software, we may provide support at our discretion.
2.3. Plugin Support
Uncanny Owl Inc. sells WordPress plugins “as is” and with no implied meaning that plugins will function exactly as you would like, or that they will be compatible with all third-party components and plugins.
Support for plugins sold and distributed by Uncanny Owl Inc. is only available for those who have an active, paid plugin license.
Support and updates are granted for one year after the original purchase based on the license you have purchased. After one year is completed, the purchaser must renew their license in order to continue receiving support and updates for the items purchased. For purchases that include an automatically renewing subscription, support will be provided for as long as the subscription remains active.
Whilst we attempt to provide the best support possible for our plugins, we do not guarantee that any particular support query can, or will be answered to the extent, or within a timeframe that the inquirer is completely satisfied.
2.4. Automatic Updates
Automatic updates are available to license holders who have an active and valid subscription and license key. Automatic updates are available as long as the license key generated from the purchase is valid and active.
2.5. Plugin Delivery
After we have processed your payment successfully, you will receive an email with your order number and other purchase information. Your license key is available in your account area along with your plugin downloads. You can download the plugin by logging into the account created for you when purchasing the plugin and clicking on the appropriate link.
Should you not receive an email containing your information, you can contact us by email to request your purchase information.
Access to re-download purchased files will be granted so long as your license key is valid. If a license key expires, download access to the associated files will be discontinued until such time as the license key is renewed.
2.6. Plugin Ownership
All plugins are property of Uncanny Owl Inc. Claiming any type of intellectual or exclusive ownership rights of our products is strictly prohibited.
Our plugins are provided “as is” without warranty of any kind, expressed 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 due to the use or inability to use our plugins.
2.7. Website & Plugin Content
All content found on this site and throughout the plugin including images, documentation, support queries and any other information is property of Uncanny Owl Inc. and may not be redistributed without permission or consent.
2.8. Plugin Refund Policy
If you are unhappy with your plugin purchase, or you have an issue that we are unable to resolve that makes the plugins you have purchased unusable, we will be happy to consider offering a refund.
Refunds will be offered at our sole discretion and must meet all of the following conditions fully:
- You are within the first 14 days of the purchase of the plugin.
- Your issue(s) comes from not being able to install the plugin properly or get the plugin to perform its basic functions.
- You have attempted to resolve your issue(s) with our support team.
- No refunds will be granted after the first 30 days of the original purchase whatsoever.
- Issues caused by 3rd party plugins, themes or other software will not provide grounds for a refund.
- You have not received a refund on the product purchase previously. If you make a purchase and receive a refund, then purchase again at a later date, the subsequent purchase will not be eligible for a refund.
Refunds will not be granted if you simply decide not to use the purchased products. We stand behind our plugins and will assist you in resolving any problems, but we expect you to adequately understand what you are purchasing and why.
By purchasing plugin(s) from our site, you agree to this refund policy and relinquish any rights to subject it to any questions, judgment or legal actions.
2.9 Introductory Pricing
Any introductory pricing promotions on Uncanny Owl plugins can be applied a maximum of one-time per customer per plugin. Any subsequent purchases will be at full price.
3. Uncanny LP Subscriptions
3.1 Your Uncanny LP Account and Site
You are responsible for maintaining the security of your account and Uncanny LP site, and you are fully responsible for all activities that occur under the account and actions taken in connection with the account. You must immediately notify Uncanny Owl of any unauthorized uses of your site, your account or any other breaches of security. Uncanny Owl will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
3.2 Your Responsibilities with Content
You are entirely responsible for any content made available from your Uncanny LP website. By making the content available, you represent and warrant that:
- the downloading, copying and use of content does not infringe the rights of any third party;
- you have fully complied with any third-party licenses relating to the content;
- the content does not contain or install any viruses, worms, malware, or other harmful or destructive content;
- the content is not spam, is not machine-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or to further unlawful acts
- the content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
Uncanny Owl has the right (though not the obligation) to refuse or remove content that, in Uncanny Owl’s reasonable opinion, violates any policy or is in any way harmful or objectionable, and to deny or terminate access to an Uncanny LP site to any individual or entity for any reason, in Uncanny Owl’s sole discretion. Uncanny Owl will have no obligation to provide a refund of any amounts previously paid.
3.3 Payment and Renewal
You agree to pay Uncanny Owl the monthly or annual subscription fees indicated for the service. Payments are charged on a pre-payment basis on the day you sign up.
Unless you notify Uncanny Owl before the end of the subscription period that you want to cancel service, the subscription will renew automatically and you authorize us to collect the applicable annual or monthly subscription fee.
3.4 Copyright Infringement
If you believe the material located on an Uncanny LP site violates your copyright, please contact Uncanny Owl. Uncanny Owl will respond to all such notices, including as required or appropriate by removing the infringing material or disabling links to the infringing material. Uncanny Owl will terminate a user’s access if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of third parties.
3.5 Disclaimer or Warranties, Limitations of Liability and Indemnification
Your use of an Uncanny LP platform is at your sole risk. The service is provided “as is” and “as available”. We are not liable for damages, direct or consequential, resulting from your use of Uncanny LP, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, non-transferable license to use Uncanny LP. Because Uncanny LP platforms are not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.
3.6 Email Communications
When you register, you acknowledge that Uncanny Owl will send electronic communications through computer networks in the United States and in other parts of the world. Accordingly, you acknowledge that the use of the platform results in interstate and international data transmissions.
Uncanny LP platforms will send transactional emails as part of normal operations, but the use of email communications should be limited to system notifications and standard messaging. If a site sends more than 25,000 emails per month it may be subject to additional fees.
3.7 Backups
Uncanny Owl performs daily backups of all Uncanny LP sites, including files and databases. Backups are stored on Amazon’s S3 service for your protection, but in the event of an extreme catastrophe we cannot guarantee a full retrieval of your platform and cannot be held liable for the loss of data. We will make a best effort to restore your site and recover data but cannot be held liable if our efforts are unsuccessful.
Uncanny LP users that have been on the platform for at least 12 consecutive months may request copies of full site backups, which can be moved and restored to any WordPress host. We will also make such backups available to all users if Uncanny Owl discontinues the platform or goes out of business.
3.8. LP Refund Policy
Due to the overhead required to set up a new instance of Uncanny LP, the first month of service is non-refundable. We stand behind LP and will assist you in resolving any problems, but we expect you to adequately understand what you are purchasing and why.
3.9 Bandwidth and Resource Limits
Uncanny LP is suited to sites with up to 7,500 users, up to 100 simultaneous learners, up to 5 GB of storage, and Content Delivery Network bandwidth of up to 100 GB per month. Sites exceeding these guidelines, especially on a regular basis, maybe be subject to additional fees.
3.10 Uncanny LP Service Level Agreement
Uncanny LP sites will provide service availability of 99.95%, calculated on a calendar month basis. Customers will receive a credit of 5% of the monthly service see for each hour in which we fail to meet the service availability for the month. To receive SLA credits, the customer must make a request to Uncanny Owl in writing within 30 days of the month giving rise to the SLA credits. Credits are based on our monitoring, may not exceed the total amount paid for the month, are forfeited on termination of the LP service, may not be aggregated, and will not be paid in cash.
LP sites exceeding the bandwidth and resource limits set out above will not be eligible for SLA credit.
3.11 Confidentiality
“Confidential information”, means all of the information about your customers and their data on Uncanny LP sites that has not been deliberately made public by you.
“Confidential Information” does not include information that is required to be disclosed by court order or other legal process.
Uncanny Owl shall have following obligations regarding treatment of Confidential Information:
a) Uncanny Owl shall take all reasonable steps to maintain the confidentiality of the other party’s Confidential Information,
b) Uncanny Owl shall not without the other party’s prior written consent disclose, provide or make available any of the other party’s Confidential Information in any form to any person, except employees and contractors of Uncanny Owl whose access is necessary to enable that party to accomplish its obligations and exercise its rights under this agreement.
This section shall for five (5) years survive any termination or expiration of the agreement for whatever cause.
4. Email
Uncanny Owl Inc. may occasionally send you emails related to the purchase of product(s) from our company. We may also send you occasional email newsletters relating to Uncanny Owl updates, promotions, services, and plugins. We will never sell or release your email or personal data to any third party vendors. You may opt out of these emails at any time without penalty.
5. Price Changes
Uncanny Owl Inc. reserves the right to modify, change, cancel or upgrade a plugin subscription and/or license key without prior notice or consent. Prices of all products and services are subject to change without prior notice or consent.
6. License Agreement
By purchasing our product(s), you indicate and consent that you have read and agree to the Terms & Conditions listed and detailed on this page. We reserve the right to change or modify the current Terms and Conditions without prior notice or consent.
7. Severability
If any part of this agreement is declared unenforceable or invalid, all remaining clauses in this agreement shall remain binding on the customer.
