Terms of Service
Last Updated: December 12, 2024
Welcome to BadamSoft LLC ("BadamSoft," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, products, and services. By purchasing, downloading, or using our products, you agree to be bound by these Terms.
Important: Please read these Terms carefully before using our products. If you do not agree with these Terms, do not purchase or use our products.
1. Agreement to Terms
By accessing our website (badamsoft.com) or using our products, you:
- Acknowledge that you have read and understood these Terms
- Agree to be bound by these Terms and our Privacy Policy
- Represent that you are at least 18 years old or have parental consent
- Represent that you have the authority to enter into this agreement
- Agree to comply with all applicable laws and regulations
2. License Grant and Restrictions
2.1 License Grant
Upon purchase and payment of the applicable fees, BadamSoft grants you a limited, non-exclusive, non-transferable, revocable license to:
- Download and install our software products
- Use the software on the number of websites specified in your license tier
- Receive updates and support for the duration of your license period
- Access documentation and support resources
2.2 License Tiers
- Single Site License: Use on one (1) production website
- Pro License: Use on up to five (5) production websites
Note: Current pricing is available on our Pricing page. Prices are subject to change.
2.3 License Restrictions
You may NOT:
- Use the software on more websites than permitted by your license
- Redistribute, sell, lease, or sublicense the software
- Reverse engineer, decompile, or disassemble the software
- Remove or modify copyright notices or license information
- Share your license key with others
- Use the software for illegal purposes or to violate third-party rights
- Claim the software as your own work
- Create derivative works without written permission
2.4 Development and Staging Sites
You may use the software on unlimited development, staging, and testing sites, provided these sites are not publicly accessible.
3. Payment and Billing
3.1 Pricing and Fees
All prices are listed in US Dollars (USD) and are subject to change.
- Annual fee for license access
- Includes 1 year of updates and support
- Prices do not include applicable sales tax or VAT
3.2 Payment Processing
We accept payment via credit card, debit card, and PayPal. All payments are processed securely through third-party payment processors. We do not store your credit card information.
3.3 License Renewal
Licenses are valid for one (1) year from the date of purchase. After expiration:
- The software will continue to function
- You will no longer receive updates or new features
- Support access will be discontinued
- You may renew at the then-current renewal rate
3.4 Refund Policy
We offer a 30-day money-back guarantee. If you are not satisfied with our product, you may request a full refund within 30 days of purchase. To request a refund, contact support@badamsoft.com with your order details.
Refunds are issued to the original payment method within 5-10 business days. License keys will be deactivated upon refund.
4. Support and Updates
4.1 Support Services
Active license holders receive:
- Email support at support@badamsoft.com
- Access to documentation and knowledge base
- Bug fixes and security patches
- Responses typically within 24-48 hours on business days
4.2 Updates
We regularly release updates that may include:
- New features and functionality
- Bug fixes and performance improvements
- Security patches and vulnerability fixes
- Compatibility updates for WordPress and WooCommerce
Updates are available only to active license holders. We recommend keeping your software up to date for optimal security and performance.
5. Intellectual Property Rights
All software, documentation, designs, graphics, and content provided by BadamSoft are protected by:
- Copyright laws of the United States and international treaties
- Trademark laws and other intellectual property rights
- Trade secret protections
BadamSoft retains all rights, title, and interest in and to the software and all related intellectual property. Your license does not grant you ownership of the software, only the right to use it under these Terms.
5.1 Trademarks
"BadamSoft," "WooProduct Exporter," "WooProduct Importer," and all related logos are trademarks of BadamSoft LLC. You may not use these trademarks without our prior written permission.
6. Disclaimer of Warranties
THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BADAMSOFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability and fitness for a particular purpose
- Warranties of non-infringement
- Warranties that the software will be error-free or uninterrupted
- Warranties regarding the accuracy, reliability, or completeness of content
- Warranties that defects will be corrected
We do not guarantee that the software will meet your specific requirements or work with all configurations. You use the software at your own risk.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BADAMSOFT SHALL NOT BE LIABLE FOR ANY:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Business interruption or loss of goodwill
- Costs of procurement of substitute products or services
- Damages arising from use or inability to use the software
This limitation applies regardless of the legal theory (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.
Maximum Liability: In no event shall our total liability exceed the amount you paid for the license in the twelve (12) months preceding the claim.
8. Indemnification
You agree to indemnify, defend, and hold harmless BadamSoft LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:
- Your use or misuse of the software
- Your violation of these Terms
- Your violation of any third-party rights
- Your violation of applicable laws or regulations
- Content you create or distribute using the software
9. Termination
9.1 Termination by You
You may terminate your license at any time by:
- Discontinuing use of the software
- Uninstalling the software from all websites
- Deleting all copies of the software in your possession
Termination does not entitle you to a refund except as provided in Section 3.4.
9.2 Termination by BadamSoft
We may suspend or terminate your license immediately if you:
- Violate these Terms
- Use the software for illegal purposes
- Attempt to reverse engineer or redistribute the software
- Fail to pay applicable fees
- Engage in fraudulent activity
9.3 Effect of Termination
Upon termination, you must immediately cease using the software and delete all copies. Sections 5, 6, 7, 8, 10, and 11 survive termination.
10. Governing Law and Dispute Resolution
10.1 Governing Law
These Terms are governed by the laws of the State of Wyoming and the United States, without regard to conflict of law principles.
10.2 Dispute Resolution
Any disputes arising from these Terms shall be resolved through:
- Informal Negotiation: Contact us at legal@badamsoft.com to resolve disputes informally
- Binding Arbitration: If informal resolution fails, disputes will be resolved through binding arbitration in Cheyenne, Wyoming
- Class Action Waiver: You agree to resolve disputes individually and waive the right to participate in class actions
10.3 Jurisdiction
You consent to the exclusive jurisdiction of state and federal courts in Laramie County, Wyoming, for any matters not subject to arbitration.
11. General Provisions
11.1 Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and BadamSoft regarding the software.
11.2 Modifications
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of the software after changes constitutes acceptance.
11.3 Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.
11.4 Waiver
Our failure to enforce any provision does not waive our right to enforce it later.
11.5 Assignment
You may not assign or transfer your license without our written consent. We may assign these Terms without restriction.
11.6 Export Compliance
The software is subject to US export control laws. You agree to comply with all applicable export and import laws.
12. Contact Information
For questions about these Terms, please contact us:
BadamSoft LLC
1621 Central Avenue
Cheyenne, WY 82001
United States
Email: legal@badamsoft.com
Support: support@badamsoft.com
By purchasing or using our software, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Effective Date: December 12, 2024