These terms of service (“Terms”) are a legal agreement between you, either an individual or a single legal entity (“You” or “you”), and Host Like Toast, which operates the iControlWP (“iControlWP”) online services. These Terms govern your use of any of the iControlWP online services (“Services”), the iControlWP website (“Site”), the client software distributed with this Agreement and any other software provided by iControlWP, including any updates and any accompanying written documentation (“Software”). Collectively, the Software, the Site and the Services may be referred to as the “Products”. By clicking the “I Agree” or similar buttons, or using any Products, you agree to these Terms.
If you do not agree to these Terms, then do not indicate acceptance and do not use the Products. If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these Terms.
Account & Fees
You must register with iControlWP to use the Services, and you agree to keep your registration information accurate, complete and up-to-date as long as you continue to use the Services. iControlWP currently offers a free account with limited functionality (“Free Account”), and various fee-bearing accounts offering feature enhancements (“Paid Accounts”).
If you sign-up for a Paid Account, you agree to pay the fixed subscription and variable usage-based fees, if any, for the account type you have selected and agree to any applicable restrictions and quotas, including the number of websites you are allowed to integrate with our Products. If you exceed any quota allocated to your account, you agree that iControlWP may upgrade you to another type of account with a higher quota or may restrict your usage if you fail to upgrade. If you use a credit card for payment, you authorize iControlWP to automatically renew your subscription and charge the then-current renewal fees to the credit card associated with your account unless you notify iControlWP in advance that you do not want your subscription renewed. You may cancel your subscription prior to the next billing date to avoid future charges. Service will continue until the end of the current billing period, but no service fees will be refunded.
If you have signed up for a iControlWP Paid Account, any discounts agreed upon with your order will be honoured throughout the period specified of your license. Any life-time discounts that have been applied to your account will remain in effect for as long as you maintain a Paid Account that remains in good standing with iControlWP and does not violate these Terms. If the account owner fails to pay for services within ten days of the payment due date or discontinues Paid Account, any and all discounts applied to the user’s account forfeits their life-time discounts and the life-time discount will no longer apply.
iControlWP offers refunds for your most recent purchase. The refund policy is governed by these Terms and by illustrated by scenarios referenced in the Refund Policy document. Refunds will not be issued for Products and subscription periods already completely used. If you are interested in a refund, you are required to cancel your subscription from within the iControlWP system immediately to avoid additional fees. For all other cases that are not explicitly defined in these Terms or the Refund Policy document, any refunds given are discretionary – that is, offered at the sole discretion of iControlWP – and prorated based upon the number of unused days of the service or product that for that particular period.
For most services where a refund is requested, iControlWP may at their sole discretion offer credit on the user account to be used toward other Services on offer by iControlWP. This is not typical, but certain circumstances lend themselves to this such as for subscription upgrades and downgrades.
Account credit may never be exchanged for money at any time, may never be refunded, and may not be exchanged for goods or services that are not offered by iControlWP and through the iControlWP software.
For annual subscriptions, if they are offered, refunds offered are prorated based upon the number of unused months of service of that Products or Subscription. For biennial subscriptions, if they are offered, refunds are prorated based upon the number of unused months as with annual subscriptions. If you have an annual or biennial subscription plan, the refund will be based on the price for the monthly plan for months used so far.
If your Paid Account is in violation of any of these Terms, neither refunds nor account credits will be issued.
Passwords & Security
You are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your user names and accounts, including any sub-accounts where applicable. You must notify iControlWP immediately of any unauthorized use of your accounts or any other security breach related to the Service. If iControlWP determines that a security breach has occurred or is likely to occur, iControlWP may suspend your accounts and require you to change your user names and passwords.
Use of Services & Software
Subject to these Terms, iControlWP grants you a limited, non-exclusive, non-transferable and revocable license to access the Site and use the Services and Software. You acknowledge that certain third party code may be provided with the Software and that the license terms accompanying that code will govern its use.
You acknowledge that iControlWP or third parties own all rights, title and interest in and to the Products, including all intellectual property rights. Except for the license granted in these Terms, iControlWP and its licensors retain all rights in the Products, and no implied licenses are granted to you.
You specifically agree that you will not, nor will you permit another person to:
- sub-license, lease, rent, loan, transfer or distribute any portion of the Products unless given permission by iControlWP;
- modify, adapt, translate or create derivative works from the Products unless given permission by iControlWP;
- decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Products unless given permission by iControlWP; or
- remove, obscure, or alter any trademark, copyright or other proprietary rights notices displayed in the Software or on the Site.
Support for Products and Subscriptions are electronic based and the Help Desk may be used to express opinions, suggestions, requests for help, and other such support requests.
There is no premium level support offered and iControlWP does not guarantee compatibility with your websites and your systems.
iControlWP never guarantees that your support questions will be answered either within a particular time period, or at all. iControlWP however will make take a best effort approach to address all problems and concerns presented and will offer support to the best of their ability.
If you have either a Free Account or Paid Account, you have exactly the same access to support, unless and until you have purchased a premium product that may be offered, such that provides for a specific level of support that differs from that laid out in these Terms.
Your account may, at the sole discretion of iControlWP, be suspended, un-suspended, or deleted at any time when it is suspected to be in violation of these Terms or suspected to be relating to fraudulent or abusive activity of any kind. Fraudulent and Abusive activity may constitute, but are not limited to:
- fraudulent payments for Paid Account services.
- abuse of the software, products and usage.
- sharing of accounts with other people, e.g. multiple logins from multiple locations
- attempts at attacking/hacking/cracking the service or any of the related iControlWP infrastructure.
Further, iControlWP has a zero-tolerance policy and approach to exhibitions of abusive and/or threatening behaviour to other users or its own staff.
Compliance with Laws & Acceptable Use
You are solely responsible for your conduct related to the Service and any backup data you store on the Service. You specifically agree that you will not use the Products to:
- violate any laws or regulations;
- infringe the intellectual property or other rights of third parties;
- transmit any material that contains viruses or other harmful computer code or files such as Trojan horses, worms or time bombs.
Intellectual Property Protection
iControlWP respects the intellectual property of others and requires that users of the Service do the same. When you use the Products, you may not upload, store, share, display, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. In appropriate circumstances, iControlWP will terminate the accounts of repeat infringers.
This indemnity obligation will survive the termination or expiration of your account and these Terms. You agree to defend, indemnify, and hold iControlWP and Host Like Toast, its suppliers, resellers, partners and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable attorney fees and costs, in connection with:
- your use of the Products;
- your violation of these Terms;
- your violation of any third party right, including any intellectual property right; or
- any claim that use of your backup data caused damage to a third party.
Changes to The Service & Terms
iControlWP reserves the right at any time to modify, suspend, or discontinue providing the Service, in whole or in part, without notice. While not obligated to do so, iControlWP will use commercially reasonable efforts to notify you of any such action by sending you an e-mail, an in-client message or by posting relevant information on the Site. iControlWP reserves the right to modify these Terms at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of any Products following any such modification constitutes your agreement to be bound by the modified Terms. To stay informed of any changes, please review the most current version of these Terms posted on the Site. If you do not agree to be bound by these Terms, you must stop using the Products immediately.
Term & Termination
These Terms, and any posted revisions, remain in effect as long as you continue to maintain an account or use the Services. You may terminate your account at any time, for any reason, by following the instructions on the Site and discontinuing use of the Products. If you have a Free Account, iControlWP may terminate your account and these Terms immediately and without notice if your computer fails to access the Services for more than thirty (30) days or you fail to comply with these Terms. If you have a Paid Account, iControlWP may terminate your account and these Terms immediately and without notice if you fail to renew your subscription, fail to pay any fees or invoices after ten days when due, or otherwise fail to comply with these Terms. On termination or expiration of your account or these Terms, you will no longer have the right to continue to use the Software and the Services, and you will no longer be able to access and restore your backup data. Also, you specifically agree that iControlWP has no obligation to provide you or anyone else with a copy of your backup data and may automatically purge your backup data from iControlWP systems.
Disclaimer of Warranties
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU SPECIFICALLY AGREE THAT YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. iControlWP, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, iControlWP, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES MAKE NO WARRANTY THAT (A) THE PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE PRODUCTS WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE PRODUCTS WILL BE ACCURATE OR RELIABLE; AND (D) ANY DEFECTS OR ERRORS IN THE PRODUCTS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE PRODUCTS ARE NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Limitation of Liability
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU SPECIFICALLY AGREE THAT iControlWP, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTY YOU ARE SEEKING DAMAGES AGAINST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCTS OR IN ANY WAY RELATING TO THE PRODUCTS. IF YOU HAVE A PAID ACCOUNT OR ENTERPRISE ACCOUNT, YOU AGREE THAT THE AGGREGATE LIABILITY OF iControlWP, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS IS LIMITED TO THE AMOUNT PAID FOR THAT ACCOUNT DURING THE TWO (2) YEAR PERIOD BEFORE THE RELEVANT CLAIM. IF YOU HAVE A FREE ACCOUNT, YOU AGREE THAT THE AGGREGATE LIABILITY OF iControlWP, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS IS LIMITED TO TWENTY US DOLLARS ($20). YOU SPECIFICALLY AGREE THAT THIS DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND iControlWP.