Terms of Service

ACCEPTANCE OF TERMS

Tiny Giant Studios (“Provider”) provides software and website services to you subject to the following Terms of Service (“TOS”). If you do not agree to the TOS, then you should not use the tinystage.wpengine.com website.

PRODUCT LICENSE

The WordPress themes, plugins, extensions & snippets authored by Provider and/or provided on tinystage.wpengine.com are licensed under the GNU general public license.

While all of the WordPress-interactive code of those products is licensed under the GPL, there may be other content, such as images and Cascading Style Sheets (“CSS”) files, licensed under proprietary terms.

REFUND POLICY

Provider offers digital media (software) that can be downloaded instantly after a purchase has been made. There is no “trial” or “grace period” after purchasing any product which means all sales are final. Once you have purchased the software, you are allowed to request a full refund within 14 days of purchase or subscription renewal (this includes weekends).

PRODUCT SUPPORT

Provider products and designs are provided “as is”, with no implied warranty that they will function exactly as you wish or with all third-party components and plugins. Support will be provided via email only and can be sent to support@tinygiantstudios.co.uk.

PRODUCT SUBSCRIPTIONS

All products are purchased on a 1-year recurring subscription until cancelled. Provider agrees to provide updates & support for the product for as long as the subscription is active or until the product is no longer for sale.

PRODUCT UPDATES

All products are updated frequently as and when the developer updates it and can be downloaded as long as the has an active product subscription.

CUSTOMER ACCOUNTS

Customers will be required to create an account when purchasing any products. They are responsible for maintaining the confidentiality of their password and are not permitted to share and/or distribute their account login details. Customers are fully responsible for all activities that occur under their account and agree to immediately notify Provider of any unauthorized use of their account or any other breach of security. Provider will not be liable for any loss or damage arising from customer failure to comply with these terms.

ACCOUNT TERMINATION AND SUSPENSION

Provider reserves the right to suspend and/or terminate any user account without notice, in its sole and absolute discretion. No refunds will be provided to customers who have their accounts terminated. Examples of reasons for termination include: 1) Abusive behavior and/or excessive negativity towards the Provider staff and/or other Provider customers; 2) Repeated defamatory, malicious, and/or false statements including slander against Provider, and/or attempts to persuade potential customers away from purchasing Provider products; 3) Promoting competitor products, contributing to software piracy, hacking, spamming, or other illegal acts; 4) Provider reasonably believes that your account has been compromised, shared with others, or for other security reasons.

PRODUCT DELIVERY

After Provider has successfully received customer payment, customer account login information will be emailed to the email address provided during signup. This may take up to 30 minutes after purchase but usually happens within 5-10 minutes.

PRICE/PRODUCT CHANGES

Provider reserves the right at any time to modify and/or discontinue a product with or without notice. Further, Provider may add new products and/or services with or without notice. Costs of products or services are subject to change at any time by posting the changes to the Provider website.

COPYRIGHT CLAIMS

Provider respects intellectual property rights. To send a copyright infringement notification to Provider, please send the following information (Copyright Claim) to info@tinygiantstudios.co.uk

To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.

Information reasonably sufficient to permit Provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

BUSINESS USE OF OUR GOODS AND SERVICES

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Provider and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Good or Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

PRODUCT WARRANTY

Provider does not provide any warranty.

When permitted by law, provider, and provider’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

To the extent permitted by law, the total liability of provider, and its suppliers and distributors, for any claim under these terms, including for any implied warranties, is limited to the amount you paid provider to use provider’s goods and/or services.

In all cases, provider, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.

LIABILITY FOR OUR PRODUCTS AND SERVICES

When permitted by law, provider, and provider’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

To the extent permitted by law, the total liability of provider, and its suppliers and distributors, for any claim under these terms, including for any implied warranties, is limited to the amount you paid provider to use provider’s goods and/or services.

In all cases, provider, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.

MISCELLANEOUS

Updates To TOS. The TOS may be updated from time to time, but never retroactively. We will post notice of modifications to the TOS on this page, and they will become effective no less than fourteen days after they are posted. However, changes addressing new functionality, or to address changes in the law, or for other urgent legal reasons may be made effectively immediately.

If there is a conflict between this TOS and those for a specific Provider service, the terms for the specific service will prevail.

No Third Party Beneficiaries: These terms control the relationship between Provider and you. They do not create any third party beneficiary rights.

No Waiver: If you do not comply with these terms, and Provider does not take action right away, this doesn’t mean Provider is giving up or waiving any rights, such as the right to take action in the future.

Severability: If a particular term in the TOS is not legally enforceable, it will not affect the other terms.