Caldera Forms Terms Of Service

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This is the Terms of Service for Caldera Forms. It does not cover other products sold by Caldera WP LLC (CalderaWP).

TL;DR

Caldera Forms is a powerful form building solution and Pro is for sending emails through Caldera Forms more awesome. It is a paid service that is not required to use the WordPress plugin Caldera Forms. You can use it as long as you:

  1. Pay for it
  2. Don’t use it to send spam
  3. Don’t use it violate applicable laws
  4. Don’t exceed the usage quotas set — by default 5,000 messages a month, but we can adjust that for you if needed.

Caldera Forms Plugins & CalderaForms.com

Like WordPress, Caldera Forms and its associated premium plugins are licensed under the GNU General Public License (GPL). We ask you kindly to support our work by purchasing our products through our site. By doing so you will gain access to updates and support.

Our website grants you non-exclusive limited license to use Caldera Forms plugins and other products sold through our website (http://calderaforms.com) by CalderaWP LLC (the “products”) in accordance with these Terms & Conditions (the “license”) issued by our company.

For additional information about our plugin licenses, please see the Licensing FAQ.

For additional information about Caldera Forms Pro Terms & Conditions, see the Pro Terms of Service.

0. Plugin Licensing

Our WordPress plugins are licensed under the GNU general public license version 2 or later (http://www.gnu.org/licenses/gpl-2.0.html).

0.5 Refunds

If you’re not happy with the plugin, we are sorry to hear that and will do our best to make it work for you. We also will honor all refund requests within 30 days of purchase.

1. PHP Compatibility

All CalderaWP plugins require PHP 5.3 or later and will not work on PHP 5.2. If you are running PHP 5.2, please contact your hosting provider immediately as PHP 5.2 has been discontinued for over four years and is not secure. We recommend at least 5.4–the oldest version that has not yet reached its end of life. Upgrading to a newer version of PHP will give you both performance and security benefits.

If you are unsure of what version of PHP your site is using, you can use this handy free plugin to find out.

2. Automatic Plugin Updates

Automatic Plugin updates and premium support is available to customers for one year from the time of purchase. Licenses can be renewed at 50% of the full price of the license. Customers are entitled to receive our premium support and automatic plugin updates according to the license they have purchased:

  • A “One Site” license provides automatic updates and support for a single domain that you own, for one year (see definition of a “domain” below)
  • A “Up To Fives Sites” license provides automatic updates and support for up to 5 domains that you own, for one year (see definition of a “domain” below
  • A “Up To Fifteen Sites” license provides automatic updates and support for up to 15 domains that you own, for one year (see definition of a “domain” below)

Updates are provided for a term of 1 year from the time of purchase.

License Renewals

All licenses purchased after June 8th, 2016 will renew automatically at their expiration date. You can cancel the subscription agreement at any time.

While licenses are active, the customer is entitled to support, automatic updates and downloads of license plugin files. For more information on working with licenses, see the documentation.

License renewals processed automatically or completed manually before the expiration date will receive 50% off of the full price of the plugin or bundle. This extends the original expiry date by one year. Renewed licenses entitle the customer to continue to receive support and automatic updates to the plugin.

3. Definition of a “Domain”

A domain is a unique url which can support a WordPress installation. Installing any of our WordPress plugins on a sub-domain or in a sub-folder counts as a unique domain. Installing any of our plugins on a WordPress multi-site website, where members of the network receive their own installation of our plugins, is not prohibited. However our support staff will only offer support to the primary license holder, or where the domain owner (network manager or network member) has purchased their own support license.

4. Delivery

After we have successfully processed your payment, you will receive an email with the download link and support license key. This may take up to 1 hour to arrive, but usually happens within minutes of placing the order. If you do not receive an email after this time period, please contact us. You may then request support through the support form of the respective plugin. The form will ask for your license key, so it is imperative to keep that number available. After activating your plugin in your WordPress installation, you can also request support through the plugin settings panel (if the plugin includes this feature).

5. No Warranty

All products are provided “as is” without warranty of any kind, expressed or implied.

6. Site Content

All site content, including imagery and documentation that is published on CalderaWP.com is copyright CalderaWP LLC and is licensed under the terms of the Creative Commons Attribution-ShareAlike 4.0 International License. The source code of for this site is licensed under the GNU GPL v2 or later and is available on Github, pull requests are welcome.

7. Scope of Support

Each purchase grants the purchaser access to our plugin support service, which covers help with setting up the latest version of the products and direction on how to use the latest version of the products as advertised. In the case of developer purchasing licenses for deployment on web sites developed for customers, only the developer purchasing the license is entitled to support. We reserve the right, in its sole discretion, to limit the number of support interactions granted to any purchaser within a specific time period. The support service does not cover help with theme or plugin customization beyond the advertised, nor does it cover help on sites that are heavily customized or in situations where the core plugin files have been modified. Additionally, if a bug is discovered in any code of the products, we offer no guarantee that we will repair it. Bug fixes, if any, shall be made at our sole discretion. Access to the support service is valid for 1 year from the date of your purchase, after which time your support license will expire. All support is provided via our email support; there is no live chat or phone support available.

Examples of Supported Product Issues:
  • “I understand the plugin is capable of a certain feature but need help figuring out how to use it.”
  • “I’m trying to install and activate the plugin but am experiencing difficulties and need some help.”
  • “I’m following the getting started guide but it still isn’t working. What am I doing wrong?”
  • “I’m having trouble upgrading to the latest version.”
Examples of Non-Supported Product Issues:
  • “I wish to change the color, styling or layout of calendar views.”
  • “I would like to integrate the plugin with a third party plugin, theme or service.”
  • “I need to add extra functionality, meta boxes or user interface elements to the plugin’s admin screens.”
  • “I want to change the types of user who can and cannot access various plugin features to something other than the defaults.”
  • “I want to create a custom view that does X, Y, and Z.”

You may renew your license for extended support and product updates annually. We will send you reminder emails starting a month prior to your license’s expiration date, at which time you can renew. You can also renew at any time by logging in to calderaforms.com/acccount.

Please note that the response times listed on our support page are average response times, not guaranteed response times. While we attempt to reply to all support requests promptly, no response time is guaranteed.

Affiliates

We offer an affiliate program. If you would like to join, please register for the site and then send us a message through our contact form letting us know about yourself, how you intend to market our products and how we can help you. The following terms apply to our affiliates program:

  • Affiliates are paid a 20% commission on leads sent to our site.
  • The tracking cookie for affiliate sales last 60 days.
  • Affiliates are paid on within the first ten business days of each month for the prior month’s earnings.
  • Affiliate payments are made via PayPal to the email address that you have registered with for this site.
  • Affiliates will not be paid if they purchase using their own affiliate link.
  • We have the right to cancel an affiliate account at any time, or the whole program, at our discretion if we feel it is being abused.

SaaS Terms of Service

The following terms and conditions govern all use of the app.CalderaFormsPro.com website and all content, services, and products available at or through the website, including, but not limited to, Caldera Forms Pro, the client plugin for Caldera Forms Pro, (taken together, our Services). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Caldera Forms Pro’s Privacy Policy) and procedures that may be published from time to time by CalderaWP (collectively, the “Agreement”).

You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by CalderaWP, acceptance is expressly limited to these terms. Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older. Use of our Services requires an account registered on CalderaForms.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

All terms related to Caldera Forms general licensing also apply to Caldera Forms Pro.

If you choose to share your API keys with your clients or anyone else, you are responsible for their conduct.

App Usage

We use a third party, Google Analytics to measure Caldera Forms Pro’s audience and usage. By using Caldera Forms Pro, you agree to allow us to track your usage in our application and through Google Analytics. We will not share the content of messages sent through Caldera Forms Pro with Google Analytics.

Email Content

We rely on 3rd-party services to deliver emails. Those third-party services do not retain the content of your emails but may retain information about who the email was sent to, who it was from and information about its delivery status.

General Terms

By signing up for the Caldera Forms Pro service you agree to pay CalderaWP the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a service and will cover the use of that service for a monthly or annual subscription period as indicated.

Automatic Renewal

Unless you notify CalderaWP before the end of the applicable subscription period that you want to cancel a service, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Services can be canceled at any time in the account section of CalderaForms.com.

Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination

CalderaWP may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Caldera Forms Pro account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

Our Services are provided “as-is.” CalderaWP and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CalderaWP nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted.

Jurisdiction and Applicable Law

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the State of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Leon County, Florida.

Limitation of Liability

In no event will CalderaWP, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CalderaWP under this agreement during the twelve (12) month period prior to the cause of action. CalderaWP shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the CalderaWP Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

US Economic Sanctions

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and CalderaWP reserve the right to terminate accounts or access of those in the event of a breach of this condition.

Indemnification

You agree to indemnify and hold harmless CalderaWP, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between CalderaWP and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CalderaWP, or by the posting by CalderaWP of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CalderaWP may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. Also, Hi Roy.