Terms and Conditions

Last Updated: 12/01/22

Please read these Terms and Conditions ("Terms", "Terms of Service", "Terms and Conditions") carefully before using our websites or any other media form, media channel, mobile website, or mobile application related or connected thereto or other domains (the "Service") operated by Vigorous Software Inc. ("us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Subscriptions 

• a. Subscription terms. We may offer you the ability to purchase subscriptions via our site (Gadgets Genius Sites app) and our Services. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.
• b. Free trials and promotional periods. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us. We will email you prior to the end of the free trial or promotional period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.
• c. Cancellation. Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription. If you wish to cancel your subscription during a trial period; or anytime during the regular paid subscription (after the trial period has ended), please use the "Billing" link inside the dashboard in the main menu. If you're having trouble finding the link, please email support@pluginsbyigor.com and a member of our support staff will reach out with instructions. Billing Portal can be found by following this link: https://app.gadgetsgenius.com/admin/billing_portal

Refund Policy

Where a product involves domain name registration, a personal training or support element, we reserve the right to refuse any refunds entirely. For most of our products, we offer a 30-day period where customers can submit a refund request at support@pluginsbyigor.com with proof that the product has not been implemented successfully. We reserve the right to refuse any refund request.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@pluginsbyigor.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims" You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): - An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; - A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Service where the material that you claim is infringing is located; - Your address, telephone number, and email address; - A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; - A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You can contact our Copyright Agent via email at support@pluginsbyigor.com, or via postal mail at: Vigorous Software Inc., 3219 Yonge Str #325, Toronto ON M4N 2L3, Canada

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Vigorous Software Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both Canada and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Vigorous Software Inc.

Links To Other Websites

Our Service may contain links to third party web sites or services that are not owned or controlled by Vigorous Software Inc. Vigorous Software Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Vigorous Software Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

ICANN Registrant Rights And Responsibilities

You also shall not take any actions that are in violation of the provisions covered in the following link http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities or applicable law.

Domain Name Registration Services And Sponsoring Registrar

If you use our Domain Name Registration services, please note that the sponsoring registrar for your domains is NameSilo.

When you register a domain name with us we are required to collect your personal contact details. This personal information including but not limited to your full name, physical address, email address, phone number will be stored on our servers and will be sent to our Sponsoring Registrar (NameSilo) as required by law and domain registration requirements. You can access NameSilo's Privacy Policy by following this link: https://www.namesilo.com/Support/Privacy-Policy

Per ICANN requirements, we will escrow the contact information you provide for any domains.

By using Our Services you agree to give us your consent to use your personal information as described in these Terms Of Service, our Privacy Policy and NameSilo's Privacy Policy.

If you wish to inquire about and optionally delete any of your personal information stored on systems controlled by Us, please send an email with subject "Personal Information Inquiry" to support@pluginsbyigor.com

If you ask us to delete your personal information, you agree to lose access to all domains you registered through our services and to terminating all sites you created with our software.

All domain registration and domain renewal prices are in the U.S. dollars. Sales taxes will be added to the total cost of your purchase automatically and will be shown on the receipt in PDF format.

The cost of domain registration and domain renewals are nonrefundable.

Domain Expiration Notices

We will send multiple email notifications to you before and after domains expire which is one of many reasons it is important for you to keep your email address with us current. Please remember it is your responsibility to ensure renewal of your domains. We make our best efforts to issue the reminders below, but email is not 100% reliable and should not be depended upon exclusively to make sure your domains do not expire.

We will email you 30 days before the expiration of each domain.

We will email you 7 days before the expiration of each domain.

Upon expiration of your domain, our system will email you and your domain will be deactivated. This will result in all services related to your domain ceasing to function (including, but not limited to, web site and email).

WHOIS Privacy

According to ICANN regulations, every domain registrar, including our sponsoring registrar NameSilo, is required to maintain a publicly accessible database called "WHOIS" containing the contact information for all registered domain names. Unfortunately, WHOIS has become a prime target for hackers and spammers looking to data mine names, email addresses, phone numbers and other sensitive information.

By using NameSilo's WHOIS Privacy services provided by their partner PrivacyGuardian.org , we are able to offer complete protection for your information while complying with ICANN requirements.

Opting to make your domain registrations private will in no way impact your ownership or any other functionality. The only change will be for people who access the WHOIS database. Instead of seeing your personal data, all contact information will be replaced with the PrivacyGuardian.org defaults.

In the event that someone does a WHOIS lookup to contact you, they will be directed to the PrivacyGuardian.org web site where they will be able to submit a form which will automatically be forwarded to the email account we have on file obtained from you during the domain registration.

By default, all private domains in your account will be given a unique email address @privacyguardian.org. This will be a different email address used for all of the private domains in your account. Any mail sent to that email address will be forwarded to the email address you have provided at the time of domain registration.

*WHOIS privacy not allowed for .us, .in or .tickets domains *.ca domains cannot use privacy, but WHOIS details can be hidden for individuals

Payment Terms

All payments are securely processed by Stripe. View Stripe's terms policy here: https://stripe.com/payment-terms/legal and Stripe's privacy policy here: https://stripe.com/en-ca/privacy

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, or cancel any active subscriptions, contact us via email at support@pluginsbyigor.com or via postal mail at: Vigorous Software Inc., 3219 Yonge Str #325, Toronto ON M4N 2L3, Canada

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Vigorous Software Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Vigorous Software Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Vigorous Software Inc. and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. We do guarantee any claims in our advertisements with a full money back guarantee.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws in the province of Ontario and the laws of Canada, as applicable without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at support@pluginsbyigor.com, or via postal mail at: Vigorous Software Inc., 3219 Yonge Str #325, Toronto ON M4N 2L3, Canada