Terms of use

Who we are
1. Welcome to GravityMerge (the Site), a place where you can purchase WordPress plugins (the Products) for self-installed instances of WordPress (and instances of WordPress on WordPress.com where your plan allows installation of third party plugins). GravityMerge is operated by Richard Best trading as GravityMerge (we, our, us). It is our pleasure to have you with us. You can contact us by email at support@gravitymerge.co.
Agreement to terms
1. 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 these terms. 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.
Intellectual property
1. 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:
  1. the right to access and download the Product; and
  2. the right to access support, and any updates we may release, for a period of 12 months (on the terms described below and subject to earlier termination, under clause 12 or otherwise at law, of the contract formed by these terms).
2. You are not obtaining ownership of the intellectual property rights in the Product. Your licensing rights are specified below.
3. Our Products are licensed under the GNU General Product Licence, version 2 or 3 (GPL), or under a combination of the GPL for some components and one or more other licences (which may be more restrictive) for other components. Third party files and libraries are licensed in accordance with their applicable licences. In all cases, see the plugins’ readme and licensing files for the full details.
4. All intellectual property rights in other material on our Site are reserved. You can download, save and print descriptive and instructional material that you are authorised to access to enable you or your clients to fully understand and use the Products that you or they have purchased, as long as you attribute GravityMerge as the source of the material. You are not permitted to sub-license, sell or republish it any way.
5. You agree that ‘GravityMerge’ and the name of each of our Products are our brand names and that you will:
  1. not use them other than when referring to us and our Products; and
  2. not distribute or share any portion of any Product (including a complete Product) under any of our brand names other than to your own staff or to your own website development clients (for the purposes of this clause, customers of services that copy and sell other people’s GPL-licensed products are not ‘website development clients’).
6. To avoid doubt, clause 3.5 does not confer any right to distribute or share a Product. The extent to which a Product may be distributed or shared depends on the licence under which we distribute it.
Redistribution
1. Please appreciate that we have spent hundreds of hours developing our Products 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 breach our copyright-related rights (except where a plugin is fully GPL-licensed), you may breach our trade name-related rights, and you will lose your right, under these terms of use, to access support and updates from us (as described below).
Support and updates
1. Your right of access to a reasonable amount of support and to updates lasts for 12 months from the date you purchase the Product, provided that support is provided on an ‘as available’ basis and is limited to your own use of a Product for your own purposes or the purposes of developing a site for a client. If you wish to obtain support and updates after the 12 months just mentioned, you will need to renew your subscription for another 12 months.
2. We reserve the right to discontinue support to you if we consider, in our absolute discretion, that:
  1. you are making a disproportionate or unreasonable volume of support requests;
  2. you are repeatedly failing to find answers available in our documentation or to follow instructions in our documentation; or
  3. you mistreat our support staff or do anything to bring GravityMerge or any staff member into disrepute.
Requesting support
1. 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.
Access key, login and right to support personal to you
1. Your support login and your right to support are personal to you. You are not permitted to share them with, or transfer 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 terminate your right to support and updates, with or without notice. You agree that we may also exercise these powers if we have reason to believe you are requesting support for sites or people 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 to the extent they exist. 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.)
2. If we believe the security of your access 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
1. 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.
Unlawfulness and abuse
1. You agree that you will not:
  1. 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
  2. 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.
2. 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
1. 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
1. 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 or for any problems arising from limitations or other issues with your hosting environment.
2. Except as set out in clause 11.3, you agree that we shall have no 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.
3. 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 exclude all liability as described in clause 11.2 above, then:
  1. the complete exclusion of liability in that clause does not apply; and
  2. you agree that our maximum liability to you 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, shall be limited to the price of the relevant Product(s) (1 annual subscription only) you have purchased.
Expiry and termination
1. 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.
2. We may terminate the contract formed by these terms:
  1. immediately and without prior notice, if you breach these terms;
  2. for any reason by giving you three months’ notice in writing (which includes email).
3. Termination or expiry of the contract will not affect:
  1. any rights and remedies available to us which have accrued up to and including the date of termination or expiry; or
  2. the provisions of the contract which, by their nature, survive termination or expiry, including the clauses headed “Intellectual property” (but excluding your right to support and updates), “Indemnity”, “Exclusion of liability and warranties”, “Effect of a clause being held unlawful”, and “Governing law and jurisdiction”.
4. If the contract is terminated, no refund will be payable.
Privacy
1. 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.
Commercial messages
1. You agree that we may send emails to you in relation to matters relevant to this Site or our Products or services. You’ll be able to unsubscribe from these emails at any time.
Changes to terms
1. 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.
2. No change to these terms will affect your rights under the GPL in relation to a Product or part of a Product (as applicable) 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
1. 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:
  1. 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;
  2. 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
  3. the remainder of these terms shall continue in full force and effect.
Governing law and jurisdiction
1. These terms are governed by the laws of New Zealand. Without limitation to our ability to secure interim relief in any jurisdiction, you agree to submit to the exclusive jurisdiction of the courts of New Zealand 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
1. 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 support@gravitymerge.co.

Changelog: Terms of use first posted on 1 March 2024. No changes have been made since that date.

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