The “Site”: The website store.tms-plugins.com, is owned by TMS Ltd. (“TMS”). It allows users to buy licenses to use certain software products as defined beneath. The website, its satellites wpdatatables.com, wpreportbuilde.com, wpamelia.com, and their subdomains, are mutually referred to as the Site.
The “Software”: Amelia, wpDataTables, and the Powerful Filters, Gravity Forms ® integration, Formidable Forms ® integration, and Report Builder wpDataTables addons jointly define the Software which is available through their use. Free “Lite” versions of any of the above are also contained within in the Software.
Upon entering this agreement, you wave the right to require a non-electronic signature or to receive non-electronic records to the extent permitted under applicable law. In addition, you must agree to be bound by the Terms in their entirety to be permitted to access the Site, use the Services (defined below), or download, install, or use the Software or Content.
The Service is provided for a fee, although certain of the services contained therein may be provided free of charge. Upon gaining permission to use the Site, you will be able to access your Account and purchase licenses, access various services, download software, and obtain Content, data, and updates; all of which are provided on an “as-is” basis; i.e., short of any guarantee with respect to quality. TMS may also send you newsletters from time to time.
We ask that you judiciously read these Terms, and in is our sincere hope that you enjoy using our Site, Software, and Services.
1. Service Use and Registration
By agreeing to these Terms, you affirm that you comply with the following admissibility terms. If you are acting on a company’s behalf, you agree that any company end-user or employee will be granted permission to access the Site, its services, and use purchased or otherwise accessible licensed Site Software, and shall accept and comply with these Terms as well.
Eligibility: You are eligible to enter into this agreement if –
(1) you have not in any way been prohibited by any competent authority, judicial act or jurisdictional law to enter into any legal agreement;
(2) you are 18 years of age or older;
If the Service is to be accessed and used by an individual (the User) under the age of eighteen (18) or the age of legal eligibility and capacity in the applicable jurisdiction, you hereby attest that you are the legal guardian of the individual in question, that you both have read and agreed to these Terms, and that, subject to these Terms, you have approved of the User’s present and continued use of the Service;
(3) TMS has not prohibited you from entering an agreement with TMS at any previous time, nor has your account and/or your use of the Service been obstructed, deferred, or terminated by TMS at any time and for any reason;
(4) you do not reside in any outlawed state, nor are you in any way associated with or a member of a terrorist organization;
(5) you are using the Service and/or entering these Terms on behalf of a company, you have the authority to legally bind said company to these Terms, and you have been sanctioned by, and hold the necessary and required consents of said company to enter into and be bound by these Terms on said company’s behalf.
Personal Use Only: You may choose to subscribe to a Subscription Plan (as defined below) that allows you to use the Software in a prescribed or unlimited number of websites. The subscription and its associated license are for your personal, non-commercial use only. You are not permitted to sell, rent, or distribute the license and any related services, nor are you permitted to commercialize, or publish the license and any related services to a third party.
You can however use our framework to design and build websites for your clients or others. You are simply agreeing not to resell your Subscription Plan and its associated license to any third party, thereby enabling it to gain access to the Site and/or the Services.
Appropriate and Restricted Use: You shall only use the Services in a lawful manner and in accordance with these Terms, you shall not allow a third party to use the Services in any way, shape, or form, and you shall not –
(i) impair, interfere with, or disrupt or delay the operation of the Services;
(ii) harass, intimidate, or threaten any person or disrupt computer system operations in any way, including sending spam, malware, or unsolicited messages;
(iii) infringe upon or violate a person’s rights, including their right to privacy and their intellectual property rights; and you may not collect private data about any users of the Service without having received their express consent;
(iv) use automated means such as software crawlers, scripts, or robots to gather, accumulate, or process data made available via the Service, nor shall you export, extract, download or store any Content, data or other materials said Service provides;
(v) create a data base, offer “Software as-a-Service” (SaaS,) or use a hosting service or any other means to distribute or resell the Services, Software, Content, or other data and materials contained within or available via the Services;
(vi) sanction, instigate, allow, or in any way permit any third party to do any of the foregoing;
(vii) use the Services for any illegal, unethical, or unauthorized purpose, or any purpose which may in any way in TMS’s discretion harm TMS’s good name and goodwill.
You shall not create any script, software, or intrusive code or component that is harmful or potentially harmful to, or impairs, disrupts, devalues, or adds any non-sanctioned functionality to the Services.
This includes transmitting or making available in connection with the Services any type of web bug, virus, worm, Trojan Horse, time bomb, spyware, or any other computer code, program, or file that may damage or is intended to damage or hijack the operation of TMS hardware, software, or telecommunications equipment.
No License: Except as explicitly licensed under these Terms, you are prohibited from using or sharing any of TMS’s intellectual property or that of its end users.
Verifying Your Account: When registering to the Services, TMS may verify your identity through other services and, according to its sole discretion, may require additional data or identification.
If you register through electronic mail, TMS may elect to verify your email address by sending an electronic notification to the address you provide. In said notification, TMS may include information or links that will serve to verify your identity as the owner of the email address. Once your identity has been authenticated, TMS will set up a registered account in your name (“Account”).
Securing Your Account: In accordance with the sensitivity of data stored on the service, and any potential risks to the data involved in using the Service, you shall be required to create a password and use said password to access your Account.
Preserving the confidentiality of your Account, your username, and your password is your sole responsibility. In addition, you agree to accept sole responsibility for all activities that occur under your Account.
One Account for One Person: It is TMS’s policy to have one Account for one person, and one person for one Account. You may not hold more than one Account, nor can you allow others access to your Account.
If you are a company or are using the Account on behalf of a company, you can allow access to one employee, and one employee only, and only when that person has been authorized to access the Account on your behalf.
You hereby signify and acknowledge that, unless you have explicitly notified us otherwise, anyone accessing or seeking access to your company Account has the requisite consents and authorizations and is acting on your behalf.
You also acknowledge that any act or omission in connection with such use by another person is as if those acts or omissions were yours and you retain responsibility for any loss, disruption, or damage such act or omission may cause.
Sharing your Account Credentials: You are expressly prohibited from sharing your username and password with any other individual or third party.
Notification of Abuse: You are required to inform TMS immediately, at [email protected] in any instance that causes you to have reason to believe your account has been hacked or is no longer secure, or if you have been informed of actual or possible unsanctioned use of your TMS account whether such use was intended or unintended.
TMS’s Liability: Without detracting from any restriction of liability under these Terms, TMS shall not be liable in any instance where you have not adhered to these security standards. TMS will be unable to assist you in any manner if you fail to apply its security guidelines as published periodically.
2. Website Services
The Services provided by TMS as of this date are as specified hereunder; TMS may however in accordance with its sole discretion and without prior notice modify, amend, enhance, make other changes to, or temporarily or permanently suspend Site or Service operations or any part thereof including the Content at any time.
Online Store: TMS shall allow you to buy licenses online. Any item shall be sold under the license attached to it or delivered under a specific license or licenses.
To buy the licenses, you may search the online store’s inventory, in which some of the Services’ core components may be demonstrated or revealed. It should be understood that in some instances the content made available is not for actual use but solely for demonstration purposes.
It is your responsibility however to make sure the code is adequate, and that the design and performance of the website you create using the licensed Software is in keeping with any and all applicable regulations.
Documentation: TMS may provide you access to certain documentation relating to the use of the Software. Some of the documentation may be provided free of charge. In any event, documentation shall be provided “as-is” and without guarantees.
3. Content Ownership
Content. For the purposes of these Terms, “Content” is defined as all content contained in and/or made available through the Software, Services, and the Site. Content comprises, without any constraints, graphics, design elements, artwork and imagery, logos, icons, fonts, sounds and videos, and interactive features, together with their selection, arrangement, and assembly.
The “Look and Feel” of the Software or the Site, and any part thereof, is also included without any constraints, as are any pertinent Intellectual Property Rights (defined below).
Content is the property of TMS and/or its licensors. Content is protected by applicable copyright laws or other relevant intellectual property right laws or treaties.
“Intellectual Property Rights” addresses and includes the rights defined in, and applicable to, copyrights, trade secrets, service marks, and trademarks. Patents, know-how, similar intellectual property rights, and any legal, moral, or ethical rights of any type under the laws or regulations of any foreign or domestic governmental, judicial, or regulatory authority also fall under the Intellectual Property Rights umbrella.
Restrictions. Except as explicitly permitted under these Terms, the Content may not be used or made available to others for any purpose or in any way, shape, or form.
4. Content Licenses
When receiving the Software from TMS or downloading it from the Site, you shall obtain a license prior to using or distributing the Content.
Should you obtain the paid version of the Software, the Content is delivered under terms defined in each Subscription Plan and may include the number of websites, installations, and users. The term and price of the subscription may be defined on our website; the (“Subscription Plan”).
Subject to your compliance with these Terms, and with respect to each Subscription Plan, TMS grants you the personal right and license to use the Content and create byproducts of the Content in the number of websites stated in the applicable Subscription Plan. The aforementioned personal right is non-exclusive, non-sublicensable, and non-transferable other than as explicitly provided for below. It is also revocable.
All licenses to use the Content as aforementioned will be “named” licenses. A Content is licensed solely for the use of a particular individual; in this case, for your use. In the event you wish to allow one or more additional persons to have access to and use the Content, you must acquire and dedicate a separate license for each additional person.
In that a named license for the Content may not be shared nor transferred, the use of your personal license by any other person or entity shall be looked upon as an infringement of TMS rights.
“One website/site”, for the purpose of these Terms, shall mean one WordPress installation, and either one domain name or one subdomain name (not both).
Permitted Dissemination: Under each applicable Subscription Plan, you are allowed to disseminate a limited number of copies of the Content to your clients, together with, or as part of a larger work consisting of other software and/or content components. The allowable number of disseminated copies will be determined by TMS.
You may disseminate said copies to your clients (“Sublicensees”), as long as they receive the Content copies according to the Terms and without any support or sublicensing or distribution rights from TMS.
Prohibited Dissemination: Except for the foregoing description of Permitted Dissemination to Sublicensees you are prohibited from disseminating the Content in any way, and you may not allow any third-party to access or use it for any purpose whatsoever.
Protecting the Software: The Software may be provided with a verification License Key. This key enables TMS to verify, classify, and ensure beyond reasonable doubt that your Subscription Plan and license are indeed yours, that you can receive timely TMS support services and software updates, and that you are provided access to the TMS library.
The License Key also ensures our ability to monitor compliance with these terms within the scope of the purchased Subscription Plan.
Support: The Subscription Plan includes certain support services as pertinent and as defined in our Site. They will in all cases be afforded to you only. TMS does not have any responsibility to provide support to your Sublicensees or any other third party; nor shall TMS incur any liability for not providing said sublicensee or third party support.
Updates: TMS may update and/or upgrade the Services software components at its discretion. Upon the purchase of a Subscription Plan, updates that become generally available during the first twelve (12) months following your purchase will be delivered to you as part of the Subscription Plan.
Available updates are solely for use in the given number of allowable websites as defined in the relevant Subscription Plan.
TMS encourages you to upgrade to the latest Software release as soon as possible. Please be cognizant of the fact that TMS’s support for all Subscription Plans does not extend beyond the latest two (2) released Software versions and is provided under the assumption that all relevant website plugins have been updated to their latest version.
No Support for Third-Party Components: Whether the third party components that are used with or in connection with the Services are installed on your server or not, or whether they are provided as source code or not, the Services and Content provided does not include support for said third-party components.
Additional Components: During your first use of the Service and the Software, you may be given an option to install additional third-party components. You shall be required to agree to certain additional terms prior to exercising this option. Please note: these components are not mandatory for your use of the Services.
Limitation of Liability: Without detracting from other provisions of these Terms, any distribution of the Content to a third party requires that you ensure said third-party disclaims any liability from TMS from any use of the Content, its non-applicability to any system, a lack of updates, or any other claim that may relate to damages incurred.
No Hosting or Resale: Without detracting from any of the restrictions and limitations set forth in these Terms, you may not provide access to the Content when acting in the capacity of a hosting service provider or reseller, nor may you provide the Content to others as part of a “Software as-a-Service” (SaaS) enterprise.
You may not bundle the Content in a website if you played no significant role in its design and development, nor may you resell the Content as a commercial, off-the-shelf license or product.
You may use the Content as a part of a commercial project where you are responsible for the design of a theme or website for a client, provided you have significant control over the project in its entirety. You may not use the Content in a theme or DIY website hosting solution.
You may, but are not required to, provide TMS with input, suggestions, data, materials and/or feedback with respect to the Services, Software and/or the Content in connection with your use thereof (“Feedback”).
TMS shall own all rights, title and interest in and to any aforementioned Feedback, and may use or incorporate such Feedback into the Services, Content, and/or Software at its discretion.
6. Open Source Components
The Software contains open source components (“Open Source Components”) TMS and some third parties make available that are subject to open source license terms and conditions (“Open Source Terms”). Your right to use Open Source Components is subject to your complying with any relevant or applicable acknowledgments and license terms contained therein.
Open source Components are governed solely by such Open Source Terms, including those without constraints, guarantees, and compensation.
When you purchase a Subscription Plan, your subscription will be billed in advance at the beginning of each billing period. It will automatically be renewed at the end of the given subscription period.
Rates: TMS may from time to time determine, establish, or modify annual rates or one-time fees for the use of the Service.
Refunds: TMS offers a 15-day “no questions asked” refund for new Subscription Plan purchases. The refund shall be in force for a period of fifteen (15) days from the end of the business day on which the Subscription was purchased. Refunds do not apply to upgrades or renewals.
TMS may refuse to refund any client who acts in bad faith or has misused the services and/or the Content.
Paid versions of Software for Subscription Plans can be purchased through TMS channels (https://tmsplugins.ticksy.com/) on a sound, practical and equitable commercial effort basis. TMS shall use the commercial effort basis to respond to support tickets in a timely manner.
9. Affiliate Program
TMS’s Affiliate Program and the terms thereof shall be governed by TMS’s Affiliate Program Agreement.
10. No Liability
TMS shall not be liable for any damages resulting from or arising out of the Service, Site, Software, or Content. These include direct or indirect, incidental, singular or unusual, or consequential damages of any kind affecting the use or resulting in an inability to use any of the foregoing, including failure of any of the foregoing to perform as represented or expected.
Such damages include the loss of goodwill, data or profits, the performance or failure to perform under these terms, together with any act, omission, or cause, including and without restrictions, any damages that may arise from any third party service’s conduct.
To the extent permissible under the law as it applies to you and/or your use of the Service, Site, Software or Content, and without detracting from the aforementioned, no action may be brought by you after one (1) year has elapsed following the occurrence of such cause of action against TMS or any of its employees, officers, affiliates, or end users for any cause whatsoever, including the breach of these terms.
The foregoing restrictions, exclusions, and disclaimers shall apply to all claims for damages, whether based on a contractual action, on negligence, on a warranty, strict liability, negligence, tort, or otherwise.
You hereby acknowledge and agree that these restrictions of liability are agreed to apportionments of risk comprising in part the consideration for TMS’s Site, Software, Content or Services offered to you, and such restrictions will apply notwithstanding the failure of essential purpose of any limited remedy, and even in the instance where TMS and/or any TMS affiliates have been advised of the possibility of such liabilities and/or damages.
Notwithstanding anything to the contrary, and without detracting from the foregoing restrictions, TMS’s total liability to you shall not exceed the amounts you paid for a TMS Subscription Plan over the 12 months immediately preceding the occurrence of the cause of action.
User fully recognizes by agreeing to the terms herein that TMS and its affiliates provide no guarantees as to the performance, exactness, functionality or appropriateness of the Service, Software, or Content for any given purpose. TMS does not guarantee or make any interpretations regarding the use, the inability to use or operate, or the results of the use of the content available on the service.
The Software, Service, Site and Content, and any part thereof, are provided on an “as is” and an “as available” basis, without guarantees of any kind, whether expressed or implied, including guarantees of title or title non- infringement, or implied guarantees pertaining to use, merchantability, or fitness for a particular purpose or use.
TMS’s website may display ads, although TMS neither endorses nor monitors these ads or their content; nor is TMS responsible for the foregoing, even in those instances they appear to be affiliated with TMS.
12. Modifying These Terms
TMS may modify or change these Terms from time to time with or without notice, and such changes will become effective immediately. If you conclude a modification or change is not acceptable to you, you may terminate these Terms. However, it should be noted that any changes made to these Terms shall not have a retroactive effect.
It is important therefor to periodically inspect these Terms for changes, amendments, and modifications, and you are strongly advised to do so.
TMS may, according to its sole discretion, terminate these Terms, the Service or any service provided by it for any reason, whether the termination applies to all users or just to you.
These Terms may be terminated for any cause and for no cause, including and without restriction if TMS believes you have breached these Terms or acted in a manner which may harm TMS or the Services. TMS may, in accordance with its sole discretion, abstain from providing the Services or any part thereof, with or without prior notice.
You hereby understand and agree that any termination of your access to the service or services may apply without prior notice, and you fully recognize that TMS may terminate the services immediately or remove your Content.
Moreover, TMS shall not be liable for any damage caused to you or any third-party as a result of said termination proceedings, or by suspending or otherwise limiting your use of the Services.
However, in any case where TMS shall terminate these terms for reasons not due to any breach of these terms on your part, TMS shall continue to provide you with Services for the Subscription term you paid or refund the unused portion of your pre-paid subscription fees; according to your preference.
You hereby guarantee to reimburse and hold TMS and its affiliates, officers, directors, employees, and agents harmless for any claims, damages, obligations, losses, liabilities, costs and expenses including, but not limited to, attorney’s fees that arise due to any breach of obligations and responsibilities on your part under these Terms, or relate to your use or inability to use the Service, Content, Software or the Site. This reimbursement shall be made promptly, in accordance with TMS’s request.
15. Entire Agreement
These Terms constitute the entire agreement between TMS and yourself. It shall only be revised by written instrument. Any waiver, delay, or withholding by TMS to enforce its rights shall not be construed as being an amendment to said agreement.
TMS may assign any and all rights or obligations under these Terms and/or under any Subscription Plan to any third party. This applies without any restriction to an affiliate, and/or in the event of a merger, the acquisition or sale of all or the bulk of its shares or assets, or such part of its assets underlying these Terms, with or without notice. These terms will adjust to the benefit of any TMS successor.
17. Governing Law
These terms of service shall be exclusively governed by the laws of the Republic of Serbia without regard to its conflict of laws rules, and any dispute arising from it shall be exclusively brought to the courts of the Belgrade district.
Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. You agree that any cause of action that you may have that arises out of, or is related to these Terms, must be initiated within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
18. No Class Action
You agree not to undertake nor engage in any class action suit against TMS, and to personally and solely claim any losses.