By obtaining a membership plan via WP Compress (free or paid), You (A registered User on WP Compress) hereby enter into the following:
Concluded between You (a Registered User on WP Compress),
WP Compress (further referred to as: “Service”, a Company established and incorporated within the appropriate U.S. Company Registry)
Whereas, You (further referred to as: “User”) has expressed interest and wish to enter into this Subscription Agreement as per the Terms and Conditions set forth below:
- This Subscription Agreement shall extend the functionality of the Scope of Services (thereinafter referred to as: ‘Subscription”) provided by WP Compress in a manner described in the specific offer displayed to the User on the WP Compress Website, under the terms and conditions stated in the binding offer towards WP Compress and this Agreement
- This Subscription Agreement may be entered between a Registered User on WP Compress and the Service.
- This Subscription Agreement’s Term is auto-renewable, unless further stated otherwise in this Agreement, the Binding offer or an explicit agreement in writing made between the User and the Service.
- In case of contradiction between this Agreement, the Binding offer displayed on the WP Compress Website and any further amendments of the offer, in writing and issued by the Service, the Amendments of the Offer shall take precedence over this Agreement and the Binding offer. In case of conflict or contradiction between this Agreement and the Binding offer displayed on the WP Compress Website, the Binding offer displayed on the WP Compress Website shall take precedence over this Agreement.
- Term of Agreement. Payment and Billing.
- The Parties agree that the Term of Agreement is auto-renewable, unless stated otherwise in the Binding offer displayed on the WP Compress Website
- The Parties agree that the Subscription shall be paid for in advance, either in full or in monthly installments, as per the details included in the Binding offer displayed on the WP Compress Website. The Subscription is to be active once the payment is successfully processed as per the Service’s Terms of Service on Billing and Payment protocols.
- Once the Subscription is deemed active, the Service shall hereby grant the User a non-exclusive, non-transferrable, limited, worldwide License to use the extensions of functionality of the WP Compress Website for the duration of the Term of Agreement as stated in Section 2 of this Agreement.
- The Service reserves the right to discontinue any portion of the provided service alongside amending or changing offers towards new Users. The Service, however, has the obligation to provide the cited service(s) as stated within the Binding offer displayed on the WP Compress Website for the duration of the Term of this Agreement as per Section 2 of this Agreement, unless Terminated in a manner stated in Section 5 of this Agreement.
- Refunds and Returns
- The User hereby releases the Service from any Refund or Return claims as provided per this Agreement or Consumer Protection Rights, as the User has read and understood the content of this Agreement, the Terms of automatic billing and processing of payment.
- The Service shall not issue any partial or full refunds in case of timely-limited failures of servers, software solutions or other functional aspects crucial in providing the content of the appropriate purchased Subscription, or resulting in timely-limited downtime of the WP Compress Website or App.
- Termination of this Agreement
- The Service may unilaterally discontinue some aspects of the functionality extended towards the Users as described in Section 3 of this Agreement. In the case of discontinuance of the provided software solutions, which are subject to this Subscription Agreement, the Service shall equitably and fairly extend a partial refund, to the extent of unused service(s) or limit(s) provided by the appropriate Subscription. Lifetime Memberships are exempt, and cannot be refunded. Lifetime refers to WP Compress App lifespan, and Lifetime Memberships cannot be transferred between users.
- The User may unilaterally Terminate this Agreement by opting to unsubscribe from the Subscriptions in the User Account Settings within the WP Compress Website. The User hereby waives all claims towards full or partial refunds of the provided Subscription. By unilateral Termination of this Agreement by the User, a new purchase of the appropriate Subscription plan is needed in order to use the functionalities provided by the respective Subscription plan.
- The Service’s failure to act in a particular circumstance does not waive the ability to act in respect to the specific circumstance or circumstances similar to it. If any provision of this Agreement is rendered invalid by statutory provisions, interpretation of law or its application, rendered unenforceable, it shall not affect the remainder of these terms. The remaining terms shall stay in full force and effect. Section headings are made for convenience. They do not have to correspond with the content of the appropriate section and do not have any legal effect.
- This agreement is not to be in favor of a weaker party, as there is not such party under this specific contract.
- In the event that WP Compress goes through a business transition (merger, acquisition, sale of assets etc.), your personal information and content uploaded by you will likely be among the assets transferred accordingly to the title of transfer under which the information and content are being owned or used by the Service.
- Interpretation of Agreement
- Nothing in this Agreement is constructed in order to violate or limit statutory consumer protection rights. If such provision is found to exist in this Agreement by interpretation or operation of law in appropriate judicial, arbitrary or other legally-binding proceedings, such provision shall be excluded from this Agreement.
- Dispute Resolution
- The contracting Parties Agree to solve all controversies or disputes in a manner other than filing court actions, namely by means of binding Arbitration.
- The User hereby agrees that both Parties shall, in the event of a controversy or dispute, designate an Appointing Authority as per UNCITRAL Rules of Arbitration with a seat of arbitration at the Service’s place of residence in accordance with the appropriate Company Registry information.
- If both Parties, in writing, choose to exempt subsections a) and b) of this Agreement, in order to proceed to civil proceedings in front of an appropriate Court Authority, the applicable and usable law on this Subscription Agreement shall be the respective applicable law of the Service’s place of residence in accordance with the appropriate Company Registry Information. The Competent court authority shall be designated as per the applicable rules of Civil Procedure as per the Service’s place of residence. Such place of residence shall be determined in accordance with the Service’s Company Registry Information.
- If both Parties, in writing, choose to exempt subsections a) and b) of this Agreement, in order to proceed to mediation in front of a registered Mediator, such mediator shall be chosen from the Mediator Catalogue in the jurisdiction in which the Service has a place of residence. Such place of residence shall be determined in accordance with the Service’s Company Registry Information.
- Final Ascent
- The User hereby confirms that the User has read and understood the Terms stated in this Agreement. By purchasing an appropriate Subscription Plan, the User hereby enters into this Agreement as of the day of processing of payment. This Agreement is effective as of successful processing of payment as per the Service’s Terms of Service.