Terms of Service

License Grant

"You" means the person or company who is being licensed to use the software or documentation. "We," "us" and "our" means Creative 6 Media Ltd dba OptimizePress.

We hereby grant you a nonexclusive license to use the Software on any web host, provided the Software is in use only for your own business use, you are not granted permission to use this software on any sites belonging to clients or on any websites or domains not owned and operated by you. The Software is "in use" on a web host when it is installed via the installation process or any of or all of its files are uploaded via FTP to a web host.

On shared hosting, the primary license holder (purchaser) has the right to use the software but if the software is used by any other party with access to the shared hosting/hosting account on a regular basis, (Where regular is more than once a week) they will need to purchase their own license.

Agency License Grant

OptimizePress offers a range of Agency license packages for use by companies and individiuals that wish to use OptimizePress on client sites as part of a value added service.  By purchasing this license, you agree to be bound by the terms of our Agency licence agreement - full details can be found here.  Please ensure you are fully clear on the terms of this license before purchasing or using any Agency licenses.

Agency licenses are not included within our refund policy, this includes additional license purchases from within Agency Pro plan accounts.

Agency licenses should in no way be considered a reseller, mrr, plr or giveaway license.  You are not permitted to offer OptimizePress on its own - it must be part of a higher value service - installation only services are NOT permitted as part of our agency license usage.

Title

We remain the sole owner of all right, title and interest in the Software and related explanatory written materials ("Documentation") and tutorials.

Archival or Backup Copies

You may copy the Software for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "License Grant" section above.

Things You May Not Do

The Software and Documentation are protected by international copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material-for example, a book.

You May NOT:

• Copy the Documentation,
• Copy the Software except to make archival or backup copies as provided above,
• Modify or adapt the Software or merge it into another program in any way,
• Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,
• Place the Software onto a server so that it is accessible via a public network such as the Internet,
• Sublicense, rent, lease or lend any portion of the Software or Documentation.
• Share login details for the software to others (you are granted to share your logins with Virtual assistants provided they are working on your behalf and you accept liability for their actions)
• Allow client access to the software.
• Use the software to host client material (videos or audio) If you wish use the software for client files then you will need to purchase a new copy for each individual client.
• Allow multiple people to use your installation (this includes but is not limited to use on any WordPress Multiuser/MU installations)
• Share or distribute any of the API keys listed within your account (these are strictly for your own personal use - with the exception of the developer licenses which are for use with clients whom have paid a minimum of $99 for a service from you)

Transfers

You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer or web hosting. (You may do this once. After this you will need to purchase another copy)

Limited Warranty

We warrant that for a period of 30 days after delivery of this copy of the Software to you:

The downloadable area where access to your Software is provided to you will be online and available for use, or an alternative will be provided (we are under no liability should this area become unavailable)

The Software will perform in substantial accordance with the Documentation.

To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional warranties.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limited Remedy

Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:

Return the price you paid, or

Repair or replace the Software that does not meet the foregoing warranty if proof of ownership is provided.

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Term and Termination

This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.

You understand that breach of any of the terms listed here are grounds for immediate termination of your account and forfeiture of any licenses without refund or recourse.

Confidentiality

The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

Disputes

This license agreement shall be governed by, construed and enforced in accordance with the laws of the United Kingdom, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate OptimizePress and/or its affiliates' intellectual property rights, OptimizePress and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of , and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: London, United Kingdom. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: London, United Kingdom, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

Pricing, Offers & Discounts

Pricing for all of our products and services are subject to change at any time without notice.  We reserve the right to modify the pricing or contents of any product package at any time without notice.

Discounts and offer links sent via email from our support team are valid for 7 days, after this time no offer will be honoured.  Offers sent via email are valid for the recipient only.

All prices listed on our website are in USD ($ US Dollars).

All discounted plans including first year discounts are applied for first year of subscription only. Renewals are at full price detailed on checkout pages.

Unlimited License Terms 

At certain promotional periods we may offer an unlimited license option. Any unlimited license plan is for personal/individual use only and client use is not permitted.  

You are not permitted to automate the use of any of these licenses including setting up multi-site or WaaS systems - this is not permitted usage of these licenses.

Your account will show "999" licenses inside your dashboard. 

We reserve the right to review usage of these licenses and will revoke accounts where client or non individual use is detected. You must be able to prove ownership of sites licensed inside your account where requested.

Unlimited license subscriptions must be maintained in order to maintain the unlimited license allowance. If you let a license lapse, any renewals will be at full price.

Upgrades from other plans to unlimited plans are not permitted except in individual circumstances governed by our management team.

Refund Policy

Although we always endeavor to offer a high quality product, we understand that there are circumstances where you may require a refund. 

If you are unhappy with your purchase, or have an issue that we are unable to resolve, we are more than happy to provide a full refund within 30 days of your original (first) purchase with us.

Please note that if you refund, all rights to use the product will be revoked, and you must remove the software from all sites and computers on which it was installed. We reserve the right to decline a refund if the client does not adhere to these conditions.

Please note, our refund policy only applies to the first time you purchase our products. 

Second time purchases will not be permitted the same rights to refund.

We understand that sometimes the timing may not be right when you purchase our product and you may return to purchase later, but please be aware second purchase refund requests will not be permitted. This is to protect our product and ourselves from individuals who may take advantage of our refund policy.

Please note we do not offer refunds on the following products:

• Agency subscription purchases
• Additional Agency license purchases
  
• Renewals of your annual subscription (you may cancel future renewals at any time via the members hub)
  
• Upgrades of plans
  
• Marketplace templates

Refunds are only provided for main OptimizePress account purchases where we will cancel and deactivate your license upon completion of your refund.

You will be required to confirm you have completely removed and deactivated any OptimizePress software in the event of a refund.

Chargebacks & Payments

Client permanently and irrevocably waives any and all right to enact a ‘chargeback’ (that is, a disputed, reversed or contested charge with the applicable bank, credit card or charge card) against these payments for any reason whatsoever against OptimizePress.com or Mr J Dyson.

Any chargeback processed against charges for OptimizePress will result in full and complete cancellation of all OptimizePress licenses and accounts due to the significant costs involved in administration for managing chargebacks.

We are happy to refund any purchase of OptimizePress Essential, Business or Suite plan within the first 30 days of purchase (excluding renewals).

Updates & Support - Maintaining an Active License

All OptimizePress plan purchases include 1 year of support and updates.  This entitles you to 1 year of email support via our helpdesk, as well as 1 year of updates to the platform (this includes new features, bug fixes and compatibility updates to the main platform).  Updates does not include any add-on products we may release in the marketplace or through other channels.

After 1 year, your OptimizePress plan will renew at the agreed plan rate.  You can find your renewal rate inside your members hub at https://my.optimizepress.com (click your profile image and then navigate to Billing)

OptimizePress maintains a full time support and development team, and we use the funds from the support & updates license to ensure continued development and expansion of the platform for all our users, as well as continued reliability with future WordPress updates.

If you cancel any legacy subscription plan -you will lose any grandfathered pricing.  Any renewals after your renewal date will be at full price for cancelled subscriptions.

An do not have an active license for OptimizePress, you will lose the following benefits

• Support from our team
• Updates for your sites (new features, bug fixes and updates)
• Ability to license new sites
• Ability to access cloud templates & sections libraries
• Access to your personal cloud library
• Access to any downloads of our plugins
• Access to core functionality of the software including editing inside the OptimizeBuilder and OptimizeFunnels platforms.
  

Note: We do not provide access to older versions of our plugins once your license has expired. As we regularly release updates, older versions of our plugins may not be compatible with the latest WordPress versions and as you do not have an active licence, we cannot provide support for these issues.  You must have an active license to access any OptimizePress file downloads/plugin downloads.

Provision of Support

• Support will only be provided to users who have an active support and updates license (see above)
  
• Support is provided via our helpdesk and email only.  Support requests must be submitted via our helpdesk contact pages at https://docs.optimizepress.com
  
• For technical support queries, our team may request administrator login details for your WordPress site where OptimizePress is being used.  Any details submitted to us are only accessible to our team via our SSL secured website and would never be shared outside of our business.  We recommend creating a separate Administrator login account for our access which you are free to remove at any time.  We regret that where details are not provided, we may not be able to provide solutions to technical support issues.

General Provisions

• This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
  
• This license agreement may be modified only by a writing signed by you and us.
  
• In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
  
• You agree that the Software will not be provided, shared, shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.

License Use (OptimizePress 3)

General Licensing Terms

All standard licenses provided as part of the our product plans (with the exception of Agency plans) are strictly for personal use only.  This means you may only use them for sites which are owned, operated and registered to you.

You must not use any of these licenses on for clients or customers.

You are not permitted to use licenses for running sites registered to you but operated for client or customer businesses, this is not permitted under the terms of any personal licenses.

 We  provide agency license options (which you can find here) if you need licenses for use on client sites.  You can upgrade your plan to Agency to support client or customer sites, or purchase a separate Agency plan.

We periodically check our licensing system for any potential infringements and will verify ownership of sites through various checks including server IP address and Whois services.

In the event that we cannot verify ownership of a site licensed inside your account we may require further proof that sites licensed are owned, operated and registered to you. This may include requirement to provide domain registration proof of ownership.

In the event that sufficient proof is not provided, or we find evidence of misuse of our licensing system, we reserve the right to cancel license keys or accounts without notice or recourse.

Sub-licensing Sites

Sub-licensing is not permitted under the terms of our license.

Sub-licensing is any use of a license for a site which is not under your name or its main purpose is to promote business for another individual (this includes, but is not limited to -opt-in subscribers going to another individuals account, the page promoting the business of another individual, or funds from sales being collected by another individual).  This might be as part of an network marketing scheme, or as a network of sites built for clients.

If you are providing logins to a site licensed under your account to another individual for them to operate and administer the site (except any team members working on your site for you) - this would most likely be considered a breach of our agreement under the sub-licensing terms.

If any sites you are running are operating for the benefit of another individual (including those hosted on your own servers), these should be licensed under a specifically purchased developer license key.

Agency licenses

Please see our agency license agreement for more information. By purchasing or using OptimizePress Agency licenses you agree to be bound by all terms listed on the Agency licensing page, as well as other terms of service detailed here

API Keys & License Use (OptimizePress 2)

General Licensing Terms

All standard keys provided as part of the Core, Publisher and Pro packages are strictly for personal use only.  This means you may only use them for sites which are owned, operated and registered to you.

You must not use any of these keys to license sites for clients or customers.  We do provide developer license options (which you can find inside the OptimizeHub licensing section) if you need licenses for use on client sites.  These are available for an additional purchase.

We periodically check our licensing system for any potential infringements and will verify ownership of sites through various checks including server IP address and Whois services.

In the event that we cannot verify ownership of a site licensed inside your account we may require further proof that sites licensed are owned, operated and registered to you. This may include requirement to provide domain registration proof of ownership.

In the event that sufficient proof is not provided, or we find evidence of misuse of our licensing system, we reserve the right to cancel license keys or accounts without notice or recourse.

Sub-licensing Sites

Sub-licensing is not permitted under the terms of our license.

Sub-licensing is any use of a license for a site which is not under your name or its main purpose is to promote business for another individual (this includes, but is not limited to -opt-in subscribers going to another individuals account, the page promoting the business of another individual, or funds from sales being collected by another individual).  This might be as part of an network marketing scheme, or as a network of sites built for clients.

If you are providing logins to a site licensed under your account to another individual for them to operate and administer the site (except any team members working on your site for you) - this would most likely be considered a breach of our agreement under the sub-licensing terms.

If any sites you are running are operating for the benefit of another individual (including those hosted on your own servers), these should be licensed under a specifically purchased developer license key.

Agency licenses

Please see our agency license agreement for more information. By purchasing or using OptimizePress Agency licenses you agree to be bound by all terms listed on the Agency licensing page, as well as other terms of service detailed here

OptimizePress Club / Clubhouse

The OptimizePress Club is a monthly/annual subscription which gives access to additional templates and content for OptimizePress Members. The OptimizePress Club is provided as an optional upgrade at checkout (when purchasing OptimizePress) or as an optional upgrade from within the members area or various other areas within our site.

By purchasing access to the OptimizePress Club, you agree to be bound by the terms set out in this section.

OptimizePress Club access provides access to the Clubhouse sections of our website where additional resources such as templates can be downloaded.  Access to the Clubhouse section is only provided for customers with an active Clubhouse subscription.  If you cancel your Club subscription, or you default on payments, your access will be removed with no recourse.

You will NOT be granted access to content from previous months if you cancel your subscription or default on payment - content is provided on an "as-is" basis and you must have an active OptimizePress Club subscription at any time to access the Clubhouse downloads sections.

You should download any content from within the Clubhouse section as it is made available - as we reserve the right to remove content at any time.

Trademark Policy

Permission from Creative 6 Media Ltd dba OptimizePress is required to use the OptimizePress name or logo as part of any project, product, service, domain or company name.

We may grant permission to use the OptimizePress name and logo for projects on an individual basis - you must contact us to discuss your potential use of our name or logo.

Our affiliate partners / members of our partner program are granted non-exclusive rights to use our name as part of their marketing, but domains must not include OptimizePress or our name in any format.

Our logo may be on websites promoting our product or related services, but should not be used in the header or logo sections of your website, or as any kind of branding for your website or page.  It must be clear that websites are not part-of or endorsed by OptimizePress or our company in any way.

We do not allow the use of the trademark in advertising, including AdSense/AdWords.

The abbreviation “OP” is not covered by the OptimizePress trademarks and you are free to use it in any way you see fit

When in doubt about your use of the OptimizePress name or logo, please contact us for clarification.

To view specific terms for OptimizePress 2 customers - click here.  Please note these do not apply to any OptimizePress 3.0 accounts or new purchases of OptimizePress after 24th September 2019.

Policy Updated: 29th September 2019