These Terms of Service are a legal agreement between you (“you”, “your”) and TheRiver UG (haftungsbeschränkt) – bitseven.de (“we”, “our”, “us”, “I”) governing your use of TheRiver UG’s (haftungsbeschränkt) plugins, services, individual software or applications, support, and tutorials as well as any code of any kind provided by us. You agree to be bound by these Terms and any other documentation and guidelinesan provided to you by us and all other terms, and guidelines applicable to your use, including but not limited to the Privacy Notice if you make a purchase, download a free tool or plugin, request support or services, or agree to any invoice or proposal.
1. Ownership of plugins
- Any and all premium plugins remain the sole property of TheRiver UG (haftungsbeschränkt) – bitseven.de.
- Purchasing a plugin is actually purchasing a license to use the purchased product.
- Licenses are for unlimited use on sites owned, developed, or managed by you.
- A license gives you full rights to use said product without restriction on any and all sites owned, developed, or managed by you.
- You agree not to modify, distribute, re-brand, re-sell, allow others to download, nor provide copies to others.
- We reserve the right to revoke your license at any time if any of these terms are violated.
2. Ownership of code written by us for you
- Any code written for you which has been paid in full and all terms of contract or invoice is your property to do with what you wish.
- You retain all license right to said code.
- We retain intellectual rights to the knowledge of written code and reserve to re-write same or similar code to be used any way we see fit.
- We reserve the right to create a distribute products which may or may not resemble code we have previously written for you.
- We reserve the right to add visual and descriptive examples which do not contain actual code to our company or personal portfolios.
3. Warranty on code written by us for you
- All code written for you comes with a 60 day warranty. This time begins the moment code is handed over or a project is launched.
- Within the 60 days, all bugs will be fixed by us at no charge.
- After 60 days we hold no responsibility for discovered code issues which may or may not have originated from the original code.
- After 60 days, repairs will be handled on a case by case basis, quoted by us.
4. Warranty on services provided by us for you
- All services provided by us for you come with a 30 day warranty. The time begins the moment the project or task is completed.
- Services include any request performed by us which does generate from a need for us to write code.
- Written code does not fall under this warranty, but instead falls under the warranty on code under Section 3
5. Payment for code and services
- Invoices for projects require full payment up front for invoices which are less than $500.
- Invoices for projects require 50% of full payment up front for invoices which are more than $500.
- All invoices must be paid in full before a project will be launched or the final code be given to you by us. Unless otherwise explicitly noted by us.
- Full payment is due with 10 business days after completion by us whether a project is launched or not unless launch is delayed in some way by us.
6. Abandoned projects
- A project will be considered abandoned if no progress may be made on it by us for more than 30 days at direction or lack of follow-through by you.
- Once a project is considered abandoned we will remove it from our active schedule and any previously discussed deadlines will will voided.
- If an abandoned project is requested to be continued on, it will be up to our discretion to determine a new schedule and project deadlines.
- If a project has been considered abandoned for more than 30 days (60 days total) a one-time $150 “resurrection” fee will be required to bring a project back into the schedule.
7. Failure to make payment
- As per Section 5, all outstanding payments must be made within 10 business days of completion.
- If 10 business days have passed without full payment, all invoices will be subject to a $100 late fee.
- If more than 30 calendar days have passed without payment, all code, utilities, tutorials, information, etc. will be subject to repossession by us.
- Repossession will include but not limited to any production, staging, or development items.
- Restoration of repossessed items will require service fees of $150 per hour paid from you to us.
8. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TheRiver UG (haftungsbeschränkt) – bitseven.de BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF ANY SERVICES, PRODUCTS, OR CODE. IN ALL CASES, TheRiver UG (haftungsbeschränkt) – bitseven.de WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms, including without limitation any violation of our policies; (b) your wrongful or improper use of the Developer Tools or Content; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; or (e) any other party’s access and/or use of the our services with your unique name, password or other appropriate security code.
10. Right to terminate membership or license
We reserve the right to terminate a license, site membership, submitted data, support requests, reviews, services or any other applicable relationship or data at any time without notice or explanation. Any abusive interaction or harassment contact of any kind will likely result in termination. Any trolling or slanderous use of submitted data of any kind will result in termination. Any abuse of staff or other members will result in termination. Any other situation not listed yet deemed inappropriate by us will result in termination
Refunds will be given upon request in most circumstances. Processing refunds costs us accounting fees which are typically subtracted from the amount returned. Accounting fees typically range from $2-$10 depending on the product(s) purchased and selected payment type. Support costs us staffing fees which are typically subtracted from the amount returned. Support fees only apply if support has been given to the customer prior to the refund request. Support fees vary depending on the time spend giving support. In the rare occurrence where we have been asked direct questions and given an impression that a product will work for a requested use case and does not, a full refund will be given without any fees subtracted. Once a refund is given, the license is terminated and the applicable product(s) must be deleted from all servers and/or storage. We reserve the right to deny any refund for any reason at any time.
12. Expiration of quotes
All quoted prices will be valid for 30 days from the quote date. After 30 days, a new quote will be provided which may or may not have adjusted prices. Once a down payment has been made, a quoted price is final. A final quote may only be amended via official change order.
13. Modification of terms
We may amend these Terms and the documentation and guidelines, at any time with notice that we deem to be reasonable in the circumstances, by posting the revised version on our website or communicating it to you through email or support. The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of and access of our services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute that arose before the changes will be governed by the terms of service in place when the Dispute arose.