Terms Of Service

Introduction

Site Terms of Service, an Enforceable Legal Agreement.
As of November 22nd, 2019 and last revised on January7th 2024.

These Terms of Service and our privacy policy (together the “Terms”) govern all use of this site and any other site that contains the term wpclouddeploy.com in its domain and those site’s services (together the “Site” or “Services”). The Sites are owned by Structured Markets Inc., a Florida based Corporation.

The owners and contributors to the Site will be referred to as “we,” “us,” or “our” in these Terms. By using the Sites or their Services, and/or by clicking anywhere on this Site to agree to these Terms, you are deemed to be a “user” for purposes of the Terms.

You and every other user (“you” or “User” as applicable) are bound by these Terms. You and each user also agree to the Terms by using the Services. If any User does not agree to the Terms or the Privacy Policy, such User may not access the Site or use the Services.

In these Terms, the word “Site” includes any site referenced above, its owner(s), contributors, suppliers, licensors, and other related parties.

User Prohibited From Illegal Uses

User shall not use, and shall not allow any person to use, the Site or Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft or inappropriate dissemination, or improper surveillance of any person.

User represents and warrants that:

  • User will use the Services only as provided in these Terms;
  • User is at least 18 years old and has all right, authority, and capacity to agree to these Terms;
  • User will provide accurate, complete, and current information to the Site and its owner(s);
  • User will notify the Site and its owner(s) regarding any material change to information User provides, either by updating and correcting the information, or by alerting the Site and its owner(s) via the functions of the Site or the email address provided below.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE PROVIDES THE SERVICES “AS IS,” WITH ALL FAULTS. THE SITE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES, OR THAT ANY DATA WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, FREE OF INTERFERENCE, OR SECURE. THE SITE DISCLAIMS REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.

Liability Is Limited

THE SITE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) OR EXPOSURE TO ANY THIRD PARTY CLAIMS BY REASON OF ANY ACT OR OMISSION. THE SITE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED WITH THE SERVICES, SITE OFFERS, OR ANY ACT BY SITE USERS. THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY, THIRD PARTIES.

NOTWITHSTANDING ANY DAMAGES THAT USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF THE SITE IN CONNECTION WITH THE SITE OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY USER TO THE SITE OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.

The Site shall not be liable for any damages incurred as a result of any loss, disclosure, or third party use of information, regardless of whether such disclosure or use is with or without User’s knowledge or consent. The Site shall have no liability for any damages related to: User’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond the Site’s reasonable control. The Site has no obligations whatever, and shall have no liability to, any third party who is not a User bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Third party products, links, and actions

The Site may include or offer third party products or services. The Site may also have other users or members who interact with each other, through the Site, elsewhere online, or in person. These third party products and any linked sites have separate and independent terms of service and privacy policies. We have no control or responsibility for the content and activities of these linked sites, sellers, and third parties in general, regardless of whether you first were introduced or interacted with such businesses, services, products, and people through the Site, and therefore you agree that we are not liable for any of them. We do, however, welcome any feedback about these sites, sellers, other users or members, and third parties.

Changes to the Site and the Services

The owners and contributors to the Site will work to improve the Site for our users, and to further our business interests in the Site. We reserve the right to add, change, and remove features, content, and data, including the right to add or change any pricing terms. You agree that we will not be liable for any such changes. Neither your use of the Site nor these terms give you any right, title, or protectable legal interest in the Site or its content.

Indemnity

If your activity or any activity on your behalf creates potential or actual liability for us, or for any of our users, partners, or contributors, you agree to indemnify and hold us and any such user, partner, contributor, or any agent harmless from and against all claims, costs of defense and judgment, liabilities, legal fees, damages, losses, and other expenses in relation to any claims or actions arising out of or relating to your use of the Site, or any breach by you of these Terms of Use.

Intellectual Property

This site and some delivery modes of our product are built on the WordPress platform. For information about intellectual property rights, including General Public License (“GPL”) terms under which the WordPress software is licensed, see here http://wordpress.org/about/gpl/

The Site grants User a revocable, non-transferable, and non-exclusive license to use the Site solely in connection with the Site and the Services, under these Terms.

Copyright in all content and works of authorship included in the Site are the property of the Site or its licensors. Apart from links which lead to the Site, accurately attributed social media references, and de minimus text excerpts with links returning to the Site, no text, images, video or audio recording, or any other content from the Site shall be copied without explicit and detailed, written permission from the Site’s owner. User shall not sublicense or otherwise transfer any rights or access to the Site or related Services to any other person.

The names and logos used by the Site, and all other trademarks, service marks, and trade names used in connection with the Services are owned by the Site or its licensors and may not be used by User without written consent of the rights owners. Use of the Site does not in itself give any user any license, consent, or permission, unless and then only to the extent granted explicitly in these Terms.

All rights not expressly granted in these Terms are reserved by the Site.

Privacy

Any information that you provide to the Site is subject to the Site’s Privacy Policy Statement, which governs our collection and use of User information. User understands that through his or her use of the Site and its Services, User consents to the collection and use (as set forth in the Privacy Policy) of the information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Site. The Site may make certain communications to some or all Users, such as service announcements and administrative messages. These communications are considered part of the Services and a User’s account with the Site, and Users are not able to opt out of all of them.

Usernames, Passwords, and Profiles

If prompted, Users must provide a valid email address to the Site, at which email address the User can receive messages. User must also update the Site if that email address changes. The Site reserves the right to terminate any User account and/or User access to the Site if a valid email is requested but is not provided by the User.

If the Site prompts or allows a User to create a username or profile, Users agree not to pick a username or provide any profile information that would impersonate someone else or that is likely to cause confusion with any other person or entity. The Site reserves the right to cancel a User account or to change a username or profile data at any time. Similarly, if the Site allows comments or user input, or prompts or allows a User to create an avatar or upload a picture, User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion.

You are responsible for protecting your username and password for the Site, and you agree not to disclose it to any third party. We recommend that you use a password that is more than eight characters long. You are responsible for all activity on your account, whether or not you authorized it. You agree to inform us of unauthorized use of your account, by email to [email protected]. You acknowledge that if you wish to protect your interactions with the Site, it is your responsibility to use a secure encrypted connection, virtual private network, or other appropriate measures. The Site’s own security measures are reasonable in terms of their level of protection, but are not helpful if the interactions of you or any other User with Site are not secure or private.

Description of Service

We provide WordPress plugins that allow you to deploy cloud servers and install and manage WordPress sites on those servers.

We also provide related support, consulting, installation services.

You understand and agree that the Service is provided “AS-IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Payment Terms and Renewal

  • General Terms: By selecting a product or service, you agree to pay us the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
  • Automatic Renewal: Unless you notify us before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time by reaching out to our support team.
  • Trials: Some plans come with a trial period. If not cancelled, you will be automatically enrolled in the plan you selected. You are only allowed one trial regardless of how many times you cancel and sign up.

Refunds

If you make a purchase over $125, you have 30 days to claim a refund for any reason, no questions asked. However, there are exceptions to this policy as follows:

  1. You are allowed only ONE refund on a SINGLE item (eg: the WPCloudDeploy Core plugin). After you have received a refund, any future purchases are non-refundable regardless of reason.
  2. Before a refund is processed, you must allow us to rectify any defect and provide reasonable access to your systems in order for us to investigate and clear any claimed defects.
  3. Renewals are not refundable for any reason. It is your responsibility to track your renewal date and to cancel before that date if it is your desire to do so. We will send out at least one email reminder before your renewal date but due to the vagaries of emails we cannot guarantee that you will receive this reminder.
  4. Refunds are NOT applicable to the ALL ACCESS bundle or BUSINESS bundle that grants access to the majority of our premium products. We will not refund an ALL ACCESS or BUSINESS purchase for any reason. If you are concerned please purchase the CORE plugin first, try it out and then upgrade to the ALL ACCESS bundle. We also offer free 1-on-1 walkthroughs via web meetings and screen sharing sessions. This can help determine if the all-access bundle is right for you before your purchase.
  5. Refunds are not applicable if a discount code is used.
  6. Refunds will not be granted if you share our products on “GPL CLUB” style sites or forums, remove our license code or violate the copyrights behind our name, logo, likeness. (The product is open-source so taking advantage of that aspect of it means that you are benefiting from its use and therefore a refund is not warranted. Getting a benefit from our products and then asking for a refund is unethical at best and it is not something we will support or tolerate.)
  7. A refund will not be granted if you purchase an add-on without purchasing a license for the core plugin.
  8. Products with a services component are NOT refundable for any reason. This includes our SaaS/WaaS services, Momentum, Multi-tenant and Git service offerings as well as all services listed on the premium-services page.

We stand behind our products and will assist you in solving issues with your purchase; but we also expect you to adequately understand what you are purchasing and why.  

Before finalizing your purchase make sure you read the entire product description and any documentation available in the documentation area on our website – this will allow you to better understand the product you are purchasing.

You should also consider downloading the core product from GITHUB – it’s a free download and doing so will allow you to better understand the product you’re purchasing.

Premium License Transfers

Licenses cannot be transferred between parties. If we detect that a license has been transferred we will cancel the license and no refund will be issued.

Premium License Resales

Licenses cannot be resold. Your premium license is for your own administrators’ (and end customers) use only while it’s installed on your servers. You are not permitted to sell/resell the plugin or derivatives to your customers so that they can install it on their own servers and start using their own admins to manage their own servers and sites. This will void the premium license and no refund will be issued.

Automatic Premium License Cancellations

In addition to the cases stated prior, we will automatically cancel premium licenses under the following circumstances:

  • If you initiate a charge-back with your credit card company
  • If you do not renew your license
  • If you take any action that violate our copyrights including using our name, logo and other copyrighted assets without explicit written permission
  • Distribute our product on “GPL CLUB” style sites or forums

Refunds will not be issued when an automatic license cancellation occur (please see our REFUNDS section above for more information about refunds).

Support

Our FREE support service is limited to what our plugin installs and configure on your server along with the local WordPress plugin features. When you request support, we will provide it as necessary in order to get you back up and running fast. BUT, if it turns out that the issue was something unrelated to our plugin (eg: a server configuration was changed from our defaults or the site we were asked to trouble-shoot had a plugin conflict of its own), we may bill you for our time – currently at $100.00 per hour. If this bill is not paid, we will withhold future support until it is paid.

We tend to be very reasonable and liberal on our support but we do not want to encourage you to use us as your own personal technical support group for any and everything WordPress related for your clients.

Modules Without Support

Certain advanced premium modules included in the ALL ACCESS bundle do not include free support. These include:

  • Git Control
  • Multitenant
  • Momentum and related services

Future modules that fall into this category might include our Private Cloud providers such as Proxmox & Openstack.

Lifetime Plans & Bundles

Unless otherwise specified, a lifetime plan includes 3 years of basic technical support and updates to the purchased software as long as we continue to release them.

After three years you can purchase individual support tickets if technical support is needed.

Free Installation

We offer free installation for the CORE plugin. However, this offer applies only within the first 30 days of your purchase. After 30 days free installations will be done only at our sole discretion.

In addition, only one free installation service is included with your purchase (even if you upgrade your purchase to a higher-cost plan). If you need to install the products on additional servers or need to move the installation we will need to charge a fee for those services.

Account Termination

We reserve the right to terminate an account for any reason, with or without cause and with or without notice, effective immediately.

Disputes

We are based in Chicago, IL and you are contracting to use our Site and Products. These Terms and all matters arising from your use of the Site and Products are governed by and will be construed according to the laws of Chicago, IL, without regard to any choice of laws rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office location in the Chicago, IL will be the only permissible venues for any and all disputes arising out of or in connection with these Terms or the Site and Service.

General

These Terms, including the incorporated Privacy Policy, supersede all oral or written communications and understandings between User and the Site.

Any cause of action User may have relating to the Site or the Services must be commenced within one (1) year after the claim or cause of action arises.

Both parties waive the right to a jury trial in any dispute relating to the Terms, the Site, or the Services.

If for any reason a court of competent jurisdiction finds any aspect of the Terms to be unenforceable, the Terms shall be enforced to the maximum extent permissible, to give effect to the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.

User may not assign his or her rights or delegate his or her responsibilities under these Terms or otherwise relating to the Site or its Services.

There shall be no third party beneficiaries under these Terms, except for the Site’s affiliates, suppliers, and licensors, or as required by law.

Use of the Site and its Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

The failure of the Site to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Terms Contact

If you have any questions about these Terms, please address them to [email protected].

Last Updated

These terms were last updated on December 31st 2022

Update History

  • January 7th 2024: Updated for Momentum Services.
  • December 1st 2023: Added terms of service for lifetime plans; added terms of service for our free installation services.
  • December 31st 2022: Updated support policy to state exceptions for certain advanced premium modules that will eventually be added to the ALL ACCESS bundle.
  • February 23rd 2022: Updated refund policy.
  • November 30th 2021: Minor changes – added a ‘not’ to a sentence that was missing it and added today’s date to the top.
  • November 16th 2021: Added new section that governs Automatic License Cancellations; Add section that governs Account Termination.
  • November 4th 2021: Added section governing premium license resales.
  • October 16th 2021: Added reference to core product on Github; added restrictions on refunds when sharing on GPL CLUB style sites.
  • April 13th 2021: Added section to clarify policy on license transfers
  • Feb 19th 2021: Added note about discount codes and refunds
  • Jan 9th 2021: Added SUPPORT section and limitations
  • March 9th 2020: Initial