Terms of Service

General

Welcome to the Cusmin ("we") Website ("Site") and related Cusmin products ("products") or Cusmin web services ("services"). Via Site, we make a number of resources available to you, including information, software like Cusmin plugin ("plugin"), products, services, documents, files, text, graphics, content, tools, and services such as technical support.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING SITE, CUSMIN PRODUCTS OR SERVICES. By accessing and using Site, products and services in any way, including browsing Site, using any information, content, or services, downloading any software or files, or placing orders for products, you agree to abide by the terms of use described on this page.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE, PLEASE DO NOT USE SITE OR OUR PRODUCTS OR SERVICES IN ANY WAY. The Terms of Use are a binding agreement between Cusmin and you. If you use Site, products or services on behalf of an employer, you represent that you are authorized to accept these Terms of Service on behalf of your employer.

We reserves the right, at its sole discretion, to change, add, or remove any part of these Terms of Service at any time without prior notice to you. We may, at our discretion, choose to notify those subscribed to our newsletters, social media or in our product's notification areas of such changes. However, it is up to you to check these Terms of Service for changes. Please check "Last updated" below. Continuing to use Site after the changes to the Terms of Use have been posted will constitute your acceptance of those changes.

DEFINITIONS:

Customer Conduct

In using Site, including all software, products, services, and resources available through it, you agree that:

Customer Obligations

Prices and Payment

Cusmin set prices and accept payments for products and services exclusively in USD. Prices are subject to change by Cusmin at their sole discretion, without prior notice.

We accept major debit and credit cards (collectively, "payment cards") for online orders via third-party payment gateway providers like PayPal. We are not responsible for any payment failure resulting from inaccurate payment card details provided by Customer when placing an online order, any restrictions applicable to payment card by Customer's bank, or payment gateway failure.

By purchasing Product requiring regular payments on a monthly, quarterly or annual basis ("Recurring Payments"), Customer authorizes Cusmin to charge Customer's payment card automatically at the interval and in the amount selected by Customer based on the available options during the purchase process. Customer agrees that the payment card specified by Customer for Recurring Payments is, and will continue to be, an account that Customer owns, and that Customer will maintain sufficient availability under Customer's credit card limit, or sufficient funds in the account linked to Customer's debit card, as applicable, to pay Recurring Payments. Customer can cancel Recurring Payments at any time via Customer account prior to the next Recurring Payment due date. If Customer cancels Recurring Payments after this time, the cancellation will not take effect until the following Recurring Payment due date, and no refund or partial refund will be issued to Customer by Cusmin.

Product delivery

Cusmin ship no physical Products. Any details necessary to enable Customer to download and/or use the purchased Product will be delivered by Cusmin to Customer via e-mail to an e-mail address provided by Customer. Customer is responsible for providing Cusmin with a valid e-mail address for delivery purposes. Cusmin will use their best efforts to deliver Product purchased by Customer within 2 business days of the order acceptance. Cusmin shall not be liable for any failure to deliver Product within this timeframe. The Products shall be deemed delivered to Customer on the date when Cusmin sends the Product e-mail to the e-mail address provided by Customer. Cusmin shall not be liable for any failure to deliver a Product to Customer if a Product e-mail bounces back.

Taxes and Deductions

Product prices do not include any national, state or local sales, use, value added or other taxes. Customer shall pay any such taxes, if applicable. Customer bears sole responsibility for any withholding tax liabilities, and no deductions shall be made by Customer from the amount payable to Cusmin under any invoice. Purchases from the European Union ("EU") countries may be subject to the EU value added tax. Customers from the EU are responsible for providing a valid VAT ID, if any.

Refund Policy

We give 30 days money back guarantee. If you are not satisfied with the product, we can give you full refund up to 30 days after the date of purchase.

Any refund request following the product purchase date will be subject to the prior authorization by Cusmin and acceptance of such request shall be at our sole discretion.

Up-time Guarantee

Although Cusmin Site and services have an excellent reliability, we do not offer an up-time guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades. You can use our service mainly for (but not limited to) listing, buying, activating, configuring, setting and applying configurations, installing and upgrading to newer versions.

Endorsements and Testimonials

You agree that your content will comply with the FTC's Guidelines Concerning the Use of Testimonials and Endorsements in Advertising ("Guidelines"). For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service for the Cusmin, or if you are an employee of a company and you decide to discuss or promote that company's products or services through the Cusmin, you agree to comply with the Guidelines' requirements for disclosing such relationships. You, and not Cusmin, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Cusmin.

Ownership

Cusmin plugin for WordPress is licensed under GNU General Public License version 2 or later (GPLv2+). You have freedom to run, copy, modify, distribute, study, change or improve the the code and all other freedoms that this license gives you.

Cusmin is also a subscription based solution that relies on external service. In order to use the service, you will need a valid license key. By purchasing the license key you become the owner of the license key that can be used for service access. You can share the license key with third-parties, but you will still be the owner. You will need to inform us if you want to change the owner of the license key.

International Access

Site can be accessed from most countries around the world. Site content may contain references to Cusmin products, services, documents, promotions, or other resources that are not available in your country. These references do not imply that Cusmin intends to make such resources available in your country.

Site is operated by Cusmin from its offices within the Bosnia & Herzegovina, a European country. Cusmin makes no claim or representation that Site, or any resources available through it, are appropriate to or made available for locations outside of the Europe. If Site or any of the resources it makes available are illegal in your locality, DO NOT USE CUSMIN. If you access Site from a location outside the Europe, you are responsible for compliance with all applicable local laws.

Privacy Information

To learn how Cusmin protects information about you, such as your name and email address, please refer to our Privacy Policy. Unless specifically stated otherwise in the Privacy Policy or in the Terms of Use, your personal information is always treated as confidential. Any non-personal information or material sent to Cusmin will generally NOT be considered as confidential. You understand and agree that Cusmin may disclose information about you if we believe in good faith that we are required to do so by law, to respond to claims, or to protect the rights, property, or safety of Cusmin or others, as stated in our Privacy Policy. Please be aware that your browser must be enabled to accept cookies in order for you to purchase Cusmin products online or register for evaluation licenses.

Applicable Law

Any use of the Cusmin and all specifications in these terms are governed by Bosnia & Herzegovina law. The applicability of the Convention for the International Sale of Goods (CISG) is excluded.

Any disputes that may arise between Cusmin and the Customer on the basis of an agreement concluded between Cusmin and the Customer or as a result of further agreements that arise from such an agreement, shall be brought before the Sarajevo Court in Bosnia & Herzegovina.

Disclaimers; No Warranties.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE CUSMIN PRODUCTS, SERVICES, CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY CUSMIN; (B) CUSMIN, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS (" CUSMIN PARTIES ") DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE CUSMIN SERVICE, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) CUSMIN DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE CUSMIN SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) CUSMIN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE CUSMIN ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE CUSMIN SERVICE SAFE, CUSMIN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE CUSMIN SERVICE OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CUSMIN OR THROUGH THE CUSMIN SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. USE OF THE PRODUCTS IS AT YOUR OWN RISK. CUSMIN MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CUSMIN PRODUCTS AND SERVICES IS USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH USE. YOU EXPRESSLY ACKNOWLEDGE THAT THE TERM "CUSMIN" INCLUDES CUSMIN'S OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

Trademarks

Cusmin, Cusmin logos and any other product or service name or slogan contained in the Cusmin services and products are trademarks of Cusmin or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Cusmin or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that Cusmin may provide you from time to time.

You may not use any metatags or any other hidden text utilizing "Cusmin" or any other name, trademark or product or service name of Cusmin without our prior written permission. In addition, the look and feel of the Cusmin Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Cusmin and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Cusmin Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.

Termination

Cusmin reserves the right, without notice and in our sole discretion, to terminate your access to use the Cusmin service or Site, and to block or prevent your future access to and use of the Cusmin. This includes Cusmin having the ability to terminate or to suspend your access to any purchased subscriptions. Your only remedy with respect to any dissatisfaction with (i) the Cusmin products and services, (ii) any term of these Terms of Service, (iii) any policy or practice of Cusmin in operating the Cusmin Service, or (iv) any content or information transmitted through the Cusmin, is to terminate your account and discontinuing use of any and all parts of the Cusmin. In serious cases of breach of these Terms of Service (for example, actions causing it financial loss), Cusmin may consider it appropriate to take legal action against you (though we will try to resolve matters amicably with you if possible).

We reserves the right to change or terminate Cusmin product and/or service support in case of changes in our business process. If that happens, our existing Customers will be able to continue using purchased subscriptions until they expire. After expiration in case of product termination, Customers will be able to keep using Cusmin products without service access. In case that Cusmin is replaced with different product, our existing customers will have an opportunity to upgrade to the new product.

Repeat Infringer Policy

In accordance with the DMCA and other applicable laws around the world, Cusmin has adopted a policy that it will promptly terminate without notice any user's access to the Cusmin if that user is determined by Cusmin to be a "repeat infringer." A repeat infringer includes, without limitation a user who has been notified by Cusmin of infringing activity violations more than twice and/or who has had their content or any other user-submitted content removed from the Cusmin more than twice. Cusmin may also at our sole discretion limit access to the Cusmin and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

In addition, Cusmin accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.

Use of Cusmin by Minors

The Cusmin products and services are not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you may only use the Cusmin under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE CUSMIN PRODUCTS OR SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE CUSMIN PRODUCTS AND SERVICES.

Cusmin Product

Cusmin plugin is especially created for WordPress administrators to help them brand, prepare and customize WordPress admin panel and login page in order to provide better user experience for their clients. Cusmin product can be used by regular users, as well, to brand their personal sites.

Regular Features

All features that are described as working features on product page are considered as regular features and are covered by our support.

Custom Features

Any features that are not explicitly described in our product's features list are considered as custom features. Custom features are not covered by our support, but you may send us a custom feature request and we can give you an offer for additional feature implementation.

Authentication

In order to use Cusmin product and related services, you have choice to log in with your social account Google+ or Facebook, or to create new Cusmin account on Cusmin registration page. We require this step in order to identify you and use some of your general personal information like email or name. Please refer to our Privacy Policy for more information. This is the easiest and the most flexible way to provide the best experience to our Customers while making more secure connection to Cusmin services.

Cusmin Architecture

Cusmin is a SaaS product, and it works on a subscription basis. It is composed from two parts, Cusmin client and Cusmin service. Cusmin client is regular WordPress plugin that can be installed to WordPress. When you make changes on the Cusmin plugin settings pages, Cusmin service is used to process all requests. You will need a valid license key in order to use the product, even you have no limitations on how to use it when you get the source code.

Product Installation

After making your purchase you will get all required instructions with a link to a download location in the email that you will get after the purchase. Plugin should be installed manually first time, uploaded via FTP or WordPress plugin uploader (Plugins section).

Your Email Address

When you make a purchase on PayPal, we use your PayPal email as default email to communicate with you. You may inform us if you want to change your preferred email address.

Product Updates

When an update is available for your product, you should get an automatic plugin update notification, like it's the case with regular WordPress plugins. Please make sure to read upgrade notice and make sure it's compatible with your WordPress version. We always test our products with the latest WordPress release, so it's always the best rule to keep your WordPress installation up to date.

Licensing

In order to use Cusmin service you will need a valid license key. License key can be obtained by purchasing the product subscription on our Site.

Without any liability to compensate the Customer, Cusmin reserves the right to disable Cusmin service, updates and support in case of abuse and / or in the event the Customer is in violation of these terms and conditions. This will not grant the Customer the right to a refund.

Limitations

Cusmin plugin can be installed on a limited number of sites / domains. If you need to install it on multiple sites, you can choose better package that allows this. Please check this information when purchasing the plugin.

Cusmin plugin is currently not multi-site ready, but we are working to make this feature available in future.

Every license has limited number of different Configurations that can be created simultaneously. Different packages could have different number of allowed configurations. Please make sure to check this before making a purchase.

It is required to have stable internet connection in order to use Cusmin. It can not be used in a closed network that does not allow internet communication or blocks it by firewall.

Product Lifetime

Product can be used in the period when your license key is active (non expired). This period is one year starting from the purchase date, unless it's specified or agreed differently (please check this when making a purchase). In this period of time you can use the plugin with all features and customer support.

Expired License Key

When your license key expires, you have a choice to keep using Cusmin product on your site(s) or you can chose to extend the license key or buy a new one. If you choose not to upgrade the license, you can still keep using all applied settings on your site(s) without any difference. The only limitation is that you will not be able to make any further modifications, use updates or support.

Please make sure that in case you delete expired plugin, all your applied customizations will be lost, and you will not be able to apply your configuration if you install it again, unless you have a valid license key.

Free vs Premium Version

Cusmin is premium, subscription based product, and is not available for free (except for EAP programs or beta testers). Cusmin is successor of free WordPress plugin "AG Custom Admin" and is created with intention to provide premium features that would allow our Customers to upgrade to more secure, feature rich and better supported product that can be better suited for their business needs than free product.

Customer Support

Customer support is available via email. We usually respond within 2 business days. Please use our Support page to reach us. We will do our best to resolve your issue as quickly as possible. You must have valid, non-expired license key in order to access our support. Support does include answering any questions that you may have and assistance with bugs / issues for the licensing period of time. Only features described in product's features list are covered by support.

Support does not include our participation in installation, set up, customizing or adding new features. Additional customizations that are out of the Cusmin's features list scope are considered as new feature requests and are charged separately upon mutual agreement.

Please make sure to check our FAQs before contacting the support, because your question may be already answered.

Minimum Requirements

Known Limitations

Cusmin does not support WordPress Multi-site environments.

Compatibility Limitations

No guarantees are made that Cusmin will support your hosting environment, development scenario, third party plugins etc. Your feedback is very valuable to us, and in case you experience any issues, please let us know and we will do our best to resolve the problem.

Cancellation Refunds

We DO NOT refund cancelled products by user.

Newsletter

By agreeing to these terms of service, you agree to receive periodical emails from us. The aim of our newletter service is to keep our Customers updated about new software releases or new service offerings. You can always cancel your newsletter subscription.

Service Abuse

Any attempt to undermine or cause harm to a service or Customer of Cusmin is strictly prohibited. As our Customer you are responsible for all your accounts/products/license keys. Should you violate the Terms of Services outlined within, your account/product/license key will be cancelled without chance of refund.

You may not try to override any Cusmin service limitations outlined in marketing, like trying to use Cusmin service on more sites or with more users that it was stated in the product.

NOTICE: IF YOUR ACCOUNT/PRODUCT/LICENSE KEY IS FOUND IN ANY ILLEGAL ACTIVITY, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY. WE MAY NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Last updated on 2016-08-16

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