PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Terms of Service Agreement (“Agreement”) constitutes a legal contract between you, whether you are an individual or a single legal entity (“You” or “you”), and Xmarket.se, a Swedish limited liability company that owns and operates the WPFlow branded (“WPFlow”) online services available at www.wpflow.co. The Parties, collectively referred to as “You” and “WPFlow,” agree to the terms outlined herein. These Terms govern your use of any WPFlow online services (“Services”), the WPFlow website and its subpages (“Site”), the client software provided with this Agreement, and any other software supplied by WPFlow, including updates and accompanying written documentation, collectively referred to as the “Software.” The Software, the Site, and the Services are collectively referred to as the “Products.”
By clicking the “I AGREE” button or a similar button, or by using any Products, you confirm that you have read, understood, acknowledged, and accepted these Terms. If you disagree with these Terms, please do not indicate acceptance and refrain from using the Products. If you accept these Terms on behalf of a legal entity, you confirm that you have the authority to bind that entity to these Terms. In the event that, after your electronic acceptance of this Agreement, WPFlow determines that you lack the legal authority to bind such a corporate entity, you assume personal responsibility for the obligations outlined in this Agreement, including, but not limited to, payment obligations. WPFlow shall not be held responsible for any loss or damage arising from its reliance on any instruction, notice, document, or communication that it reasonably believes to be authentic and originating from an authorized representative of your corporate entity. In cases where doubt arises regarding the authenticity of such instruction, notice, document, or communication, WPFlow reserves the right (though it incurs no obligation) to request additional authentication from you. You further commit to adhering to the terms of this Agreement for transactions conducted by you, any actions on your behalf, and any users of your account or the Services, whether or not they are authorized by you.
Description of the Service
WPFlow is a WordPress management console, designed to oversee an array of WordPress sites, encompassing management, monitoring, backup, deployment, publishing, and security tools.
1. Account & Fees, Including Automatic Renewal Terms
1 Account Registration
You must register with WPFlow to access the Services, and you agree to maintain accurate, complete, and up-to-date registration information for as long as you use the Services. WPFlow reserves the right, at its sole discretion, to suspend or terminate your account if it suspects that your registration information is inaccurate, incomplete, outdated, or false.
2 Account Types
WPFlow offers a Free Account with limited functionality (“Free Account”) and various fee-based accounts providing feature enhancements (“Paid Accounts”).
3 Payment and Fees
Charges for the Services are outlined in the Order (“Fees”). Fees for renewal Terms will be at our current rates, subject to prior notification, allowing you to opt out of the renewal before the specified date.
4 Payment Authorization and Renewal
When you subscribe to a Paid Account, you agree to pay the prescribed subscription fees and any usage-based charges associated with your selected account type. If you exceed the allocated quota for your account, WPFlow may upgrade your account to one with a higher quota or restrict your usage if you fail to upgrade. If you use a credit card for payment, you authorize WPFlow to automatically renew your subscription and charge the renewal fees to your credit card, unless you notify WPFlow in advance of your desire not to renew. You can cancel your subscription before the next billing date to avoid future charges. Services will continue until the current billing period expires, but no service fees will be refunded.
5 Discounts
For WPFlow Paid Accounts, agreed-upon discounts specified in your order will be honored for the designated license period. Lifetime discounts remain valid as long as you maintain a Paid Account in good standing with WPFlow and comply with these Terms. Failure to pay for services within ten days of the due date or discontinuing Paid Account services results in the forfeiture of lifetime discounts.
6 Automatic Renewal
To ensure uninterrupted Services, all subscriptions are set to automatically renew. If payment renewal fails, WPFlow may attempt to renew the service for a shorter period to ensure successful transaction.
1 WPFlow Refunds
2 Refunds
Refunds from WPFlow are available if requested before the end of your subscription period. Refunds are not issued for Products already used. Monthly subscription refunds for Paid Accounts are prorated based on the unused days of service. Annual subscription refunds are prorated based on the unused months of service, while biennial subscription refunds consider unused months and the cost of the first year of service. Refunds for annual and biennial plans are calculated based on the monthly plan price for the used months.
3. Term & Termination
1 Duration
These Terms, along with any posted revisions, remain in effect as long as you maintain an account or use the Services. You may terminate your account at any time by following the instructions on the Site. WPFlow may terminate your Free Account immediately and without notice if it remains inactive for more than thirty (30) days or if you violate these Terms. WPFlow may terminate Paid Accounts immediately and without notice for non-renewal, late payment, or non-compliance with these Terms.
2 Consequences
Upon termination or expiration of your account or these Terms, you lose the right to use the Software and Services, and access to your backup data ceases. WPFlow has no obligation to provide a copy of your backup data and may delete it from its systems.
4. Passwords & Security
1 Password Responsibility
You are responsible for safeguarding your passwords and may not disclose them to third parties. Any activity under your user names and accounts, including sub-accounts, is your responsibility. Notify WPFlow immediately of unauthorized account use or security breaches. WPFlow may suspend your accounts and mandate password changes in case of a security breach. WPFlow is not liable for losses resulting from unauthorized account use, and you may be responsible for losses incurred by WPFlow or others due to your account, whether by your action, an authorized person, or an unauthorized person.
5. External Links
WPFlow may provide links to external resources and websites. When you access non-WPFlow websites, you leave WPFlow’s Website and acknowledge that these sites are independent of WPFlow. WPFlow is not responsible for their content and does not endorse linked websites or their entities, products, or services. WPFlow disclaims all warranties and conditions regarding linked websites, including accuracy, ownership, validity, legality, and excludes liability for any issues such as viruses, worms, and other destructive items.
6. International Use
WPFlow makes no representation that the Content on the Website is appropriate or available for use outside of the United States. Accessing the Website from countries or territories where such access is illegal is prohibited. Users accessing this Website outside of Sweden do so voluntarily and are responsible for complying with local laws.
7. Protection of Your Data
WPFlow offers hosted Services that may involve processing personal data (“Customer Data”) during your use. WPFlow’s Controller to Processor Data Processing Addendum (“DPA”) assures compliance with data protection laws. Your acceptance of these Terms also acknowledges and accepts the DPA.
8. Changes to the Service and Terms
WPFlow reserves the right to modify, suspend, or discontinue the Service, in part or in whole. In cases significantly affecting your use of the Service, WPFlow will provide advance notice. WPFlow may amend these Terms at any time, with material modifications applying prospectively. Your continued use constitutes agreement to modified Terms.
9. User Indemnity
You agree to indemnify and hold WPFlow, its suppliers, resellers, partners, and affiliates harmless from any claims, liabilities, damages, losses, and expenses arising from your use of the Products, violation of these Terms, infringement of third-party rights, or claims related to your data.
10. Disclaimer
WPFlow provides the platform, information, and services on an “AS IS” and “AS AVAILABLE” basis. WPFlow disclaims all implied warranties and representations, including merchantability, fitness for a particular purpose, and accuracy of data. Your sole remedy for dissatisfaction with WPFlow or its content is to close your account and terminate this Agreement.
11. Limitation of Liability
WPFlow, its officers, directors, employees, agents, and third-party service providers shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages, including personal injury, property damage, and third-party conduct. In no event shall WPFlow’s total aggregate liability exceed $5,000 USD.
12. Dispute Resolution
This Agreement is governed by Swedish law, with any disputes subject to the jurisdiction of Maricopa County, Arizona courts. You waive the right to a jury trial.
13. Miscellaneous
1 Severability
Titles and headings are for convenience only and do not alter the agreement’s interpretation. Each covenant and agreement is separate and independent. If any provision is deemed illegal, invalid, or unenforceable, the remaining provisions remain valid and enforceable.
2 Entire Agreement
These Terms constitute the entire agreement between you and WPFlow, superseding all prior agreements. Additional terms may apply to other WPFlow services, third-party content, or software.
3 Injunctive Relief
You may not seek injunctive relief against WPFlow.
4 Assignment
You may not assign rights or obligations under these Terms. WPFlow may freely assign or delegate rights and obligations.
5 Privacy Policy
WPFlow’s collection, use, and disclosure of personal information are governed by its Privacy Policy.
6 English Language Controls
This Agreement is executed in English. In case of conflicts, the English version prevails.
For inquiries about these Terms, contact WPFlow at help@wpflow.co.