Terms and Conditions

These Terms and Conditions (“Terms”) apply to purchases of software and digital content, such as download links, license keys, codes, etc. (“Products”) sold to any person or entity (“you”) through this website (the “Website”) by WebCap Digitals OÜ (“WebCap Digitals” or “we”).

1. Agreement
   1. By purchasing our product(s), you indicate and consent that you have read and agree to the Terms listed and detailed on this page. We reserve the right to change or modify the current Terms without prior notice or consent.
2. Beta version
   1. WebCap Digitals is free to provide customers with plugins in beta versions on a test basis ("Test Functions"). Test Functions are not the subject of these Terms. WebCap Digitals may make them available voluntarily to you, and you are not obliged to make any payment for the use of Test Functions.
   2. Test Functions are intended for testing use by you and evaluation by WebCap Digitals. They are not final products or features and may contain bugs or other inaccuracies. WebCap Digitals can change, adapt, or discontinue the Test Functions anytime.
   3. You shall submit the form through the website, and our team will reach out for Test Functions. After testing the Test Functions, you may notify WebCap Digitals to purchase a Plugin License for further use of the plugin.
3. License
   1. WebCap Digitals distributes the ruby code portions under the GNU General Public License v2 (“GPL”). However, if not otherwise stated, all images, manuals, cascading style sheets, scripts, and included JavaScript files are NOT GPL and are released under the WebCap Digitals Plugin License (“Plugin License”).
4. Plugin License
   1. Plugin License covers all images, HTML, CSS, JavaScript scripts and files, manuals, documentation, and videos in any plugin.
   2. In consideration for your acceptance of these Terms and your payment of all fees, WebCap Digitals grants you a non-exclusive, non-sublicensable, worldwide, non-transferable license to install and use one copy of the plugin for your own personal or internal business use (the “Permitted Purpose”). You are not licensed to use the plugin for any other purpose. Except for the limited license herein, nothing in this Terms shall grant you any right, title, or interest in the plugin.
5. Plugin Delivery
   1. The software code and data will be transferred by electronic means, only. All deliveries under these Terms will be electronic to the email addresses specified in your order when we have received payment of the Subscription Fee. The Plugin shall be made available by way of download.
   2. All of our plugins are built for Redmine and thus require Redmine to work. You, as a customer, are responsible for the installation and configuration of any software as well as its productive usage on his system, and you acknowledge that WebCap Digitals has no further delivery obligation with respect to the plugin download package after delivery.
6. Subscription
   1. WebCap Digitals provides a Plugin License on a subscription basis ("Subscription"). The Subscription will continue for as long as you continue to pay the Subscription fees.
   2. WebCap Digitals will notify you by email about the amount of the Subscription Fee based on your order. The Subscription will continue for as long as you continue to pay the Subscription fees.
   3. Subscription is billed every month and includes one (1) month of free updates and support. Your Subscription will automatically renew at the end of each monthly period, being one month (or as near to the date as possible) from the date on which your Subscription was activated.
   4. Subscriptions can be cancelled at any time before the renewal date, so you will not be billed again.
   5. WebCap Digitalsreserves the right to modify, change, cancel, or upgrade a subscription and/or license key without prior notice or consent. WebCap Digitals will notice you by email about fees of all products are subject to change. WebCap Digitals will notify you by email about such a change, and new fees will be applicable for the renewal date.
7. Payment
   1. We use a third-party payment processor (the “Payment Processor”) to bill you. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Our current Payment Processor is Stripe, and Stripe processes your payments in accordance with Stripe’s terms of service and privacy policy.
   2. You agree to pay us, through the Payment Processor, all charges following your Subscription.
8. Return, Refund and Cancellation
   1. There is no right of withdrawal for the delivery of goods unsuitable for return due to their nature (e.g. downloads, software, plugins, etc.). Exchange and return are excluded.
   2. Like all software, our plugins are intangible, irrevocable digital products, so refunds generally are not provided. All sales are final; however, every effort will be made to resolve any issues. By purchasing our plugin(s), you agree to this refund policy and relinquish any rights to subject it to any questions, judgment or legal actions.
   3. To prevent the automatic renewal of the Subscription Fee, you shall cancel the Subscription before the following subscription fee is charged. If you cancel your Subscription, the Plugin License will expire at the end of the Subscription period.
   4. If we cannot process payment for a Subscription Fee renewal, the Subscription will not be renewed, and the Plugin License will expire.
9. Limitations
   1. You agree not to
      • distribute, sub-license, sell, assign, or otherwise transfer or make available the plugin.
      • use the plugin for any purpose other than the Permitted Purpose.
      • reverse engineer, decompile, disassemble or otherwise attempt to discover or re-create the source code for the plugin.
      • modify, adapt, alter, improve or create any derivative works of the plugin.
      • remove, alter or obscure any copyright, trademark, or other proprietary rights notice on the plugin.
10. Ownership
    1. We shall remain the owner or holder of any and all rights of use in the software and related user documentation granted through the present Terms.
    2. Products may contain software and software components (third-party software) licensed under specific terms for this third-party software. This can be open-source or proprietary software from third-party software vendors. The third-party software may only be used under the applicable license terms. Our license terms do not apply concerning the third-party software insofar as these contradict the respective valid license terms of the third-party software.
    3. Technical measures protect some products and require activating a license key. You are responsible for both the use and activation of the products. You may not disclose these license keys to third parties, even if the contract or support license with us has expired.
11. Links to other websites
    1. We have no control over the contents of third-party websites or resources and accept no responsibility for them.
12. Privacy Policy
    1. If you want to learn how we collect, store, use and secure your data, please refer to the Privacy Policy.
13. Disclaimer
    1. The products are provided “as is”. WebCap Digitals and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither WebCap Digitals nor its suppliers and licensors makes any warranty that plugins will be error-free, or that access thereto will be continuous or uninterrupted. You understand that you download from or otherwise obtain plugins or services at your discretion and risk.
    2. The customer can test the plugin's functions without restriction and extensively in the freely available Test Functions before purchasing it. WebCap Digitals cannot be held responsible for any kind of error or loss of data caused by a plugin provided by WebCap Digitals.
14. Limitation of Liability
    1. WebCap Digitals will not be liable to you for
       • any direct, special, indirect, or consequential damages.
       • any other damages, including but not limited to loss of use, profits, or data.
       • damages based on any theory of liability, including breach of contract, negligence, or other tortious action.
    2. We do not restrict its liability for fraud, death or personal injury caused by its negligence, nor any other liability which we are not permitted to restrict or exclude as a matter of applicable law.
    3. The maximum aggregate liability of us to you about any subscription (whether such liability arises in contract, tort (including negligence), breach of statutory duty or otherwise) shall, to the fullest extent permitted by applicable law, not exceed the amount paid by you for such subscription.
15. Indemnity
    1. You agree to indemnify and hold us, and our subsidiaries, affiliates, and their officers, directors, agents, co-branders or other partners, and employees harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to or arising out of your use of the Service, your connection to the Service, your breach of the Terms, or your violation of any rights of another person or entity.
16. Termination
    1. We reserve the right to terminate your access to the plugin for any reason, including in the event of any breach by you of the Terms. We may, but shall be under no obligation to, provide you a warning beforeterminating your use of the product or services.
17. Governing Law
    1. The Terms and the relationship between you and us shall be governed by the laws of the Republic of Estonia without regard to any conflict of law provisions of any jurisdiction. You and we agree to submit to the exclusive jurisdiction of the Estonian courts, except that we may seek injunctive relief in any jurisdiction to enforce its rights under these Terms.
18. Waiver and Severability
    1. The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties agree that other provisions remain in full force and effect.
19. Contact

    Please contact us for any question you might have under hello@webcap.com