Introduction
These Terms of Service (the “Agreement”) govern your access to and use of the website located at www.techspokes.store (the “Site”), which is owned and operated by SIARHEI LIATKO, a French company registered under the number 537543647 (SIREN) with its principal office located at 35 Rue Richelieu, 64700 Hendaye, France (“TechSpokes”, “We”, “Us”). This Agreement outlines the terms under which you may access and use the services offered on the Site, which include the sale and distribution of downloadable software products (the “Services”). By using the Site, you enter into a binding contract with TechSpokes, and you agree to be bound by these Terms of Service.
Modifications to the Agreement
TechSpokes reserves the right to modify or replace any part of this Agreement or the Privacy Policy at any time. Such modifications will become effective immediately upon posting to the Site. It is your responsibility to review this Agreement periodically for changes. Your continued use of the Site or the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.
Record-Keeping
You are advised to save or print a copy of this Agreement for your records.
Acceptance of the Agreement
You acknowledge and agree to these Terms of Service and consent to the Privacy Policy found at https://www.techspokes.store/privacy-policy/, by engaging in any of the following actions:
- Accessing or using the Site;
- Purchasing products or submitting content through the Site;
- Completing the registration or purchase process by affirming your acceptance of these terms;
- Subscribing to services that reference this Agreement.
If you are entering this Agreement on behalf of a legal entity, you represent that you have the authority to bind that entity to these terms and conditions, in which case references to “you” in this Agreement shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you are not permitted to accept this Agreement and may not access or use the Site or the Services.
Eligibility to Enter into the Agreement
This Site and the Services are not intended for individuals under the age of 18. To enter into this Agreement, you must be at least 18 years of age, or have reached the legal age of majority in your jurisdiction of residence, or possess legal parental or guardian consent. You must be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you. If you accept this Agreement, you represent that you have the legal capacity to be bound by it.
You may not use the Services and may not accept this Agreement if you are not of legal age to form a binding contract with TechSpokes or if you are a person barred from receiving the Services under the laws of France or other applicable countries, including the country from which you are using the Services.
Your Profile Information and Account
In order to access certain Services on www.techspokes.store, you may be required to provide information about yourself as part of the registration process or as part of your continued use of the Services. This may include but is not limited to API access details, identification, or contact information. You agree to provide true, accurate, current, and complete information about yourself, and not to misrepresent your profile information. Additionally, you may be required to create a password or other forms of authentication.
Account Responsibility
You understand and agree that you are responsible for maintaining the confidentiality of your password and any other security information related to your account. You agree that you are solely responsible to TechSpokes for all activities that occur under your account. If you become aware of any unauthorized use of your password or your account, you agree to notify TechSpokes immediately via our contact page.
The right to access and use the Services is personal to you and is not transferable to any other person or entity. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions.
Communications
Electronic Communications
By providing us with your email address, you consent to receive all required notices and transactions electronically at that email address. It is your responsibility to update or change that email address, as necessary.
Telecommunications
By providing us with your telephone number, you agree to allow TechSpokes to contact you via that number for billing notices and/or inquiries related to your account, including but not limited to, payment issues, billing discrepancies, declined or failed payments, and/or expired payment methods. It is your responsibility to update or change that telephone number, as appropriate.
Fees
Payment of Fees
You are required to pay all fees associated with your subscription to the Services or use of www.techspokes.store (“Subscription”). Fees for each subscription period are billed in advance and are non-refundable, except as specifically provided in these Terms of Service. We offer a 15-day money-back guarantee for cancellations of Subscriptions, as detailed in the “Cancellation and Termination” section below and in our Refund Policy. Except for this initial refund period, there will be no refunds or credits for partial months of service or for periods when your Subscription remains active, but the Services are not used.
Modification of Fees
TechSpokes reserves the right to modify our billing rates at any time with thirty (30) days’ written notice. Such changes will be posted on the Services or the Site and will take effect after the notice period.
Trial Programs and Discounts
At our discretion, we may offer free or discounted pricing for use of the Services through a “Trial Program.” Upon the expiration of any Trial Program terms, normal billing rates will apply. You agree to comply with any additional terms, restrictions, or limitations imposed in connection with any Trial Program. Signing up for multiple accounts to receive additional benefits under any Trial Program is prohibited.
Billing and Payment Responsibility
You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with your Subscription at the prices in effect when such charges are incurred. You will also pay any applicable taxes related to such purchases, transactions, or other monetary transaction interactions.
Currency and Exchange Rate
All prices listed, fees, charges, and refunds are issued in United States Dollars (USD). TechSpokes makes no guarantees regarding the exchange rate between USD and any other currency, nor that the exchange rate will remain unchanged during any period of time. The cost of Services may vary based on the currency exchange rate at the time of billing. Refunds are also issued in USD and are subject to exchange rate volatility. No additional refunds or credits will be provided to account for fluctuations in exchange rates. You are responsible for any currency exchange taxes, fees, or other costs incurred by purchasing our Services.
Confidential Information
Obligation of Confidentiality
You agree to safeguard, keep secret, and not disclose to any third party any Confidential Information acquired, learned, or provided from TechSpokes during the term of this Agreement or following its expiration or termination. For the purposes of this Agreement, “Confidential Information” includes any information that is either designated as confidential by TechSpokes or ought reasonably to be considered confidential under the circumstances. This encompasses, but is not limited to, business plans, customer lists, operation procedures, trade secrets, design formulas, programming code, know-how, processes, computer programs, and inventions, as well as discoveries and improvements of any kind.
Protection of Confidential Information
You acknowledge that the Confidential Information is proprietary to TechSpokes and is a valuable asset of high importance. You shall treat all Confidential Information with the same degree of care as you accord to your own confidential information, but in no case shall the precautions be less than a reasonably prudent business would exercise under similar circumstances.
Exclusions from Confidential Information
Confidential Information does not include information that:
- Becomes generally available to the public other than as a result of disclosure by you or your representatives in violation of this Agreement;
- Was or becomes available to you on a non-confidential basis prior to its disclosure by TechSpokes, provided that the source of such information was not bound by a confidentiality agreement with TechSpokes or otherwise prohibited from transmitting the information to you by a contractual, legal, or fiduciary obligation;
- Is independently developed by you without the use of or reference to TechSpokes’ Confidential Information.
Required Disclosure
If you are compelled by law to disclose Confidential Information, you may do so provided that you give TechSpokes prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at TechSpokes’ cost, if TechSpokes wishes to contest the disclosure.
By accepting this Agreement, you acknowledge that unauthorized disclosure or use of Confidential Information could cause substantial harm to TechSpokes for which damages alone might not be a sufficient remedy. Consequently, in the event of any breach or threatened breach of this section, TechSpokes shall be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law.
Intellectual Property Rights
Ownership of Materials
All rights, title, and interest in and to the Site www.techspokes.store, including but not limited to all software, text, graphics, images, video, audio, data, content, and other media, materials, or information, as well as the look and feel of the website (e.g., design, layout, color schemes, button appearances, icons, and imagery), are and will remain the exclusive property of TechSpokes and its licensors. The Site is protected by copyright, trademark, and other intellectual property laws of France, the United States, and international conventions. Any use of TechSpokes’ materials other than as specifically authorized herein, without the prior written permission of TechSpokes, is strictly prohibited and will terminate the license granted herein.
License to Use
Subject to the terms and conditions of this Agreement, TechSpokes grants you a non-transferable, non-sublicensable, non-exclusive, revocable, limited license to access and use the Services for which you have paid all applicable fees and have a valid subscription. This license is for the sole purpose of enabling you to use the Services as provided by TechSpokes, in the manner permitted by these Terms.
Feedback and Contributions
Any feedback, comments, ideas, improvements, or suggestions (collectively, “Feedback”) provided by you to TechSpokes concerning the Services or the Site shall remain the sole and exclusive property of TechSpokes. TechSpokes is free to use, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without any credit or any compensation to you. You hereby assign to TechSpokes all rights in the Feedback and agree to provide TechSpokes any assistance it may require to document, perfect, and maintain its rights in the Feedback.
Generated Data
TechSpokes owns any test results, data, information, or other outputs generated by your use of the Site or the Services during the term of this Agreement.
Trademarks
The TechSpokes name and logo and all related names, logos, product and service names, designs, and slogans are trademarks of TechSpokes or its affiliates or licensors. You must not use such marks without the prior written permission of TechSpokes. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
Copyright and Intellectual Property Protection
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by TechSpokes, its licensors, or other providers of such material and are protected by French, United States, and international copyright and trademark laws and other intellectual property or proprietary rights laws.
Software Licensing
General Licensing
All software provided by TechSpokes, including but not limited to plugins available at www.techspokes.store, is licensed under the GNU General Public License (GPL) version 2.0 or later. The full text of the GPL license can be accessed at GNU General Public License.
Determining Specific License Terms
When any software product offered by TechSpokes has a license that differs from the GPL version 2.0, the specific license terms will be determined based on the following sources, listed in order of precedence:
- License File(s) included within the software’s source code. If a specific license file is included as part of the download, the terms contained therein take precedence over other sources.
- License Definitions in the software’s source code file headers. If the source code headers specify a license, these terms are considered legally binding.
- Software Specific Description Page on www.techspokes.store. If none of the above sources specify a license, and the specific page dedicated to the software mentions licensing terms, those terms apply.
- Website Information. If none of the above sources specify a license, the general licensing information provided on the TechSpokes website will govern the use of the software.
User Compliance
By downloading, installing, or using any software from TechSpokes, you agree to be bound by the terms of the applicable license. It is your responsibility to ensure you have read and understood the license terms associated with each software product before use.
Disclaimer of Warranties
General Disclaimer
YOUR USE OF THE SITE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD-PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TECHSPOKES EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
No Warranty of Uninterrupted Use
TECHSPOKES DISCLAIMS ANY WARRANTY THAT THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT, FROM TIME TO TIME, TECHSPOKES MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR OTHER ACTIONS THAT TECHSPOKES, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE.
Limitation of Liability
TECHSPOKES IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY TECHSPOKES, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY TECHSPOKES.
Content Responsibility
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SITE. TECHSPOKES DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT.
Risk of Download
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
No Implied Warranties
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TECHSPOKES OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Geographic Limitations
THE SITE IS CONTROLLED BY TECHSPOKES FROM ITS FACILITIES IN FRANCE. TECHSPOKES MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Web Content Accessibility Guidelines Compliance Disclaimer (“WCAG Disclaimer”)
No Warranty of Compliance
YOU ACKNOWLEDGE AND AGREE THAT TECHSPOKES DOES NOT WARRANTY, ASSURE, AND/OR GUARANTEE THAT ITS SOFTWARE IS OR WILL BE COMPLIANT WITH THE WEB CONTENT ACCESSIBILITY GUIDELINES PURSUANT TO WCAG 2.0, WCAG 2.1, AND/OR ANY SUCCESSOR LAWS OR GUIDELINES (COLLECTIVELY, “WCAG COMPLIANCE”).
YOU FURTHER ACKNOWLEDGE AND AGREE THAT TECHSPOKES DOES NOT WARRANTY, ASSURE, AND/OR GUARANTEE THAT ITS SOFTWARE, CODING, AND/OR ANY PROGRAMMING LANGUAGE USED CAN BE MODIFIED TO MEET WCAG COMPLIANCE.
Your Responsibility
BY USING AND/OR DOWNLOADING SOFTWARE FROM TECHSPOKES, YOU EXPRESSLY ACCEPT THE SOFTWARE AS-IS AND AGREE TO BE FULLY RESPONSIBLE AND SOLELY LIABLE FOR ENSURING THAT YOUR WEBSITE AND/OR YOUR INTENDED USE OF TECHSPOKES SOFTWARE MEETS WCAG COMPLIANCE AND ANY OTHER ACCESSIBILITY REGULATIONS AS REQUIRED BY LAW, WHICH MAY CHANGE FROM TIME TO TIME. YOU AGREE TO TEST TECHSPOKES SOFTWARE AND ALL OF ITS FUNCTIONALITY AND FEATURES ON YOUR WEBSITE LOCALLY PRIOR TO ALLOWING IT TO BECOME LIVE TO THE PUBLIC TO ENSURE THAT YOU ARE ABLE TO MEET WCAG COMPLIANCE. IT IS YOUR RESPONSIBILITY TO STAY INFORMED ABOUT ALL ISSUES AND REQUIREMENTS RELATING TO WCAG COMPLIANCE.
Indemnification
BY CHOOSING TO DOWNLOAD, INSTALL, AND/OR USE TECHSPOKES SOFTWARE ON YOUR WEBSITE, A THIRD-PARTY WEBSITE, AND/OR ANY OTHER ONLINE PLATFORM, YOU HEREBY CLAIM THAT ANY SUCH WEBSITE(S) AND/OR ONLINE PLATFORM(S), INCLUDING ALL PAGES AND FEATURES, HAVE BEEN TESTED BY YOU AND MEET WCAG COMPLIANCE. IN NO EVENT SHALL TECHSPOKES (INCLUDING ANY OF ITS AUTHORIZED REPRESENTATIVES, PRINCIPALS, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, EMPLOYEES, ASSOCIATES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, LICENSEES, AND/OR OWNERS) BE LIABLE TO YOU OR TO ANY THIRD-PARTY CLAIMING THROUGH YOU OR ON YOUR BEHALF FOR ANY FAILURE TO MEET WCAG COMPLIANCE. YOU AGREE TO TAKE ALL RESPONSIBILITY RELATED TO MEETING WCAG COMPLIANCE.
Precedence of Terms
IN THE EVENT THERE ARE ANY CONTRADICTIONS BETWEEN THE TERMS CONTAINED IN THIS WCAG DISCLAIMER AND ANY OTHER TERMS OF SERVICE ON THIS SITE, THEN THE TERMS HEREIN SHALL CONTROL AS TO ANY INCONSISTENCIES.
Support
Support Eligibility
Support for software and plugins sold and distributed by TechSpokes is exclusively available to customers with an active, valid license. A “valid” license means a license that has been authenticated by TechSpokes via an automated API call to our validation service or by written confirmation from us.
Support and Updates Term
Support, updates, and plugin downloads are granted for the duration of the active license validity period, which is defined by your subscription. After this period, the purchaser must renew their license in order to continue receiving support, updates, and access to download files for the purchased items.
Conditions of Support
Support for each purchased item on TechSpokes is provided as long as the item is actively maintained by TechSpokes or the software author (who can be a third-party vendor reselling the software on TechSpokes’ website). Support may cease under any of the following conditions:
- The item is no longer actively developed or maintained.
- The item or its parent company is purchased or acquired by another company.
- The platform for which the item is developed (such as WordPress, if applicable) is no longer actively developed.
While we strive to provide the best support possible, we do not guarantee that every support query will be resolved to the extent that the inquirer is completely satisfied.
Premium Support
Premium support, which includes priority handling of support requests by our team, is available only for specific subscriptions. The availability of premium support will be clearly stated in the subscription description on the TechSpokes website. This service is designed to provide quicker response times and prioritize troubleshooting within the limits of our capabilities.
Premium support covers the same range of issues and software functionalities as regular support but with prioritized handling. To be eligible for premium support, customers must have an active subscription that specifically includes premium support as part of the package.
Limitations of Premium Support
While premium support aims to provide faster and prioritized service, it is still subject to the availability of our support staff and resources. We endeavor to handle all premium support inquiries as swiftly as possible, but service times cannot be guaranteed and may vary based on the issue’s complexity and current support request volumes.
Renewal and Continuation of Support
It is the user’s responsibility to renew their license promptly to avoid any interruption in receiving support and updates. Information regarding the renewal process and reminders will be communicated through the contact details provided by the user at the time of purchase or as updated in their user profile.
License Holders
Access and Usage Rights
Support Access
Only the individual or entity holding a valid license is authorized to request support or access support resources. Unauthorized attempts to access these resources will result in the immediate and indefinite suspension of the license key without prior notice or consent.
License Key Sharing and Resale
Sharing or reselling your license key is strictly prohibited. Any violation of this rule will lead to immediate suspension of the offending account and all associated license keys without prior notice or consent. TechSpokes reserves the right to undertake further legal action to protect its intellectual property.
Content Republishing and Intellectual Property
Reposting or redistributing content from this site, including support forums and documentation, without our prior written consent is forbidden. Unauthorized use will result in the indefinite suspension of the relevant license key without prior notice or consent.
Inactive License
Consequences of Inactive License
If your license becomes inactive and is no longer valid, the following consequences will apply immediately:
Termination of Services
TechSpokes will no longer be obligated to provide the Services associated with the inactive license.
Access Restrictions
You will lose access to your account to download software files, create new forms, or edit existing forms, templates, or derivatives of templates that you may have built using the Site.
Cessation of Usage
You must immediately cease using the Services associated with the inactive license.
Revocation of Rights
All licenses and other rights granted to you under the Agreement will cease.
Content Deletion
YOU ACKNOWLEDGE THAT ANY CONTENT YOU HAVE UPLOADED OR CREATED MAY BE PERMANENTLY DELETED FROM YOUR ACCOUNT UPON YOUR LICENSE BECOMING INACTIVE. ONCE DELETED, THIS CONTENT CANNOT BE RECOVERED.
Storage Policy
IF YOUR LICENSE IS NOT ACTIVE, TECHSPOKES WILL NOT STORE OR MAINTAIN CONTENT ON YOUR BEHALF.
Liability
TECHSPOKES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR THE TERMINATION OF THIS AGREEMENT OR ANY TERMINATION OR SUSPENSION OF YOUR USE OF THE SERVICES.
By using TechSpokes’ services, you agree to these terms, acknowledging the implications of an inactive license and the importance of maintaining an active status to avoid these consequences.
Limitation of Liability / Exclusion of Consequential and Related Damages
Scope of Liability
NEITHER PARTY’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER.
These limitations will apply whether an action is in contract or tort and regardless of the theory of liability.
Exclusion of Damages
IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The foregoing disclaimer will not apply to the extent prohibited by law.
Third-Party Interactions and Content
THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN TECHSPOKES AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD-PARTY SITES.
You also agree that TechSpokes will not be responsible or liable for any loss or damage of any kind incurred as the result of any interactions or dealings with advertisers or as the result of the presence of such advertisers on the site.
Modification and Discontinuation
TechSpokes reserves the right to modify, suspend, or discontinue the Site and/or Services, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. TechSpokes shall have no liability whatsoever for any damages, liabilities, losses, or any other consequences that you may incur as a result of any such modification, suspension, or discontinuance.
Indemnity
Indemnification Obligations
You agree to indemnify, defend, and hold harmless TechSpokes, its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers, or other partners, and each of their respective officers, directors, agents, shareholders, employees, and representatives, from and against any third-party claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to this Agreement or the Site. This includes but is not limited to incidents arising from:
- (a) Your use, non-use, or misuse of, or connection to the Site, the Services, and any Content, including without limitation your Content and any third-party Content forming part of the Site;
- (b) Your breach or alleged breach of this Agreement;
- (c) You violate any rights of a third party, including intellectual property rights.
Exclusive Defense and Cooperation
TechSpokes reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify TechSpokes, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of TechSpokes.
Notification of Claims
TechSpokes will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Automatic Renewal
Renewal of Subscriptions
Unless you notify TechSpokes before the end of your current subscription period that you wish to cancel your renewal, your subscription will automatically renew. You hereby authorize TechSpokes to collect the then-applicable annual or monthly subscription fee for such renewal using any credit card or other payment methods we have on record for you.
How to Cancel Your Subscription
You may cancel your subscription at any time. To do so, please visit the My Account section of your dashboard. Here, you will find the necessary options to manage your subscription preferences, including the cancellation of automatic renewals.
Updating Payment Information
It is your responsibility to ensure that your payment information is up to date. TechSpokes cannot be held responsible for any lapses in service due to outdated or incorrect payment details. Should you need to update your payment information, please do so in the My Account section of your dashboard prior to the renewal date.
Cancellation and Termination
Cancellation of Subscription
If you wish to cancel your subscription, you can do so at any time by logging into your account and navigating to the My Account section, where you will find the option to cancel. If you encounter any difficulties or have questions about how to proceed, please contact our Support team for assistance.
Refund Policy
You are eligible for a full refund of your subscription fee if you cancel your subscription within the first fifteen (15) days of opening your account with TechSpokes. After this period, you will remain liable for all charges accrued on your account up to the time that you cancel your subscription. Please read our Refund Policy for more details.
Handling of Your Data Post-Cancellation
Upon cancellation of your subscription, TechSpokes is under no obligation to maintain or store your account information or content. At its discretion, TechSpokes may delete all your information and content from our servers immediately upon cancellation, or we may retain it, in full or in part, according to our standard data retention policies.
TechSpokes’ Rights to Termination and Suspension
TechSpokes reserves the right at any time, without cost, charge, or liability, to terminate this agreement at its sole discretion for any reason, including but not limited to a failure to comply with the terms of this agreement. Additionally, TechSpokes may temporarily or permanently suspend access to your account, subscription, or services at any time, without notice, for any violation or suspected violation of this agreement.
Access Restrictions
TechSpokes also reserves the right to deny access to anyone, including, but not limited to, those users who utilize proxy servers and/or IP addresses from certain geographical areas outside of our primary service regions. We may terminate any portion of the site or service at any time, for any reason, with or without notice.
Refund Policy
Money Back Guarantee
TechSpokes offers a 15-day, no-questions-asked money-back guarantee for every eligible online purchase made directly from our website. This guarantee ensures that you have adequate time to assess whether the product meets your needs and goes a day beyond the legally required period in France.
Requesting a Refund
To request a refund, please do so within 15 calendar days from midnight on the day of your purchase. Requests made after this timeframe will not be considered. Submit your refund request through our contact form with “Refund Request” as the subject, including your full name and the email address used during the purchase.
Conditions for Refund
Before processing a refund, ensure that:
- The product was purchased directly from our website.
- You provide valid proof of legal and successful payment.
- A complete uninstallation of the software and deletion of all associated downloaded files is completed.
Non-Refundable Items
Refunds will not be provided for purchases made from third-party websites, information-centric products (e.g., ebooks, courses), tangible products priced below $100 USD, shipping costs, and payment processing fees, except where these are reimbursed by the payment provider.
Refund Processing Time
Once your refund request is approved, please allow up to 30 calendar days for the funds to reflect in your account.
For further details and conditions, please review our Refund Policy page.
Discount Policy
At TechSpokes, we occasionally offer purchase incentives through subscription discount codes to provide added value to our customers. These discount codes are applicable only for the initial term of the subscription you select. It’s important to note that these discounts are introductory and do not extend beyond the first subscription term. After the initial term, all subscriptions revert to their standard pricing. This policy ensures transparency and fairness in our pricing while allowing our customers to experience our services at a reduced cost initially.
Agreement to Governing Law and Jurisdiction
In the event of any dispute between you and TechSpokes regarding this Agreement, the Site, or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions. You agree to submit exclusively to the jurisdiction of the courts located in Bayonne, Pyrénées-Atlantiques, France, for any claim, proceeding, or action relating to or otherwise arising out of this Agreement, the Site, or the Services, howsoever arising. Notwithstanding the foregoing, TechSpokes may seek and obtain injunctive relief in any jurisdiction.
Severability
Should any part of this Agreement be declared unlawful, void, or unenforceable by an arbitrator or court of competent jurisdiction, the remainder of this Agreement shall continue in full force and effect. Only the specific portion found to be unlawful, void, or unenforceable will be omitted from this Agreement.
Legal Remedies
You acknowledge that this Agreement can be specifically enforced through injunctive relief and other equitable remedies without the necessity of proving monetary damages.
Non-Waiver
The failure of TechSpokes to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. All rights and remedies available to TechSpokes, under this Agreement or by law, remain intact and at TechSpokes’s disposal.
Surviving Provisions
The provisions concerning “Submission of Content”, “Intellectual Property Rights”, “Confidential Information”, “Disclaimer of Warranties”, “Third Party Sites and Content”, “Limitation of Liability/Exclusion of Consequential and Related Damages”, “Indemnity”, and “Agreement to Governing Law and Jurisdiction”, along with this “Severability” and “Legal Remedies” sections, will survive the termination or expiration of this Agreement and the termination of your account. These provisions are intended to continue and shall remain enforceable and applicable.
Manner of Giving Notice
Unless specified otherwise within this Agreement, all notices, permissions, and approvals shall be deemed effectively given when:
- (i) delivered in person,
- (ii) two business days after being mailed,
- (iii) two business days after sending by confirmed facsimile, or
- (iv) one business day after being sent by email.
Billing-related notices will be sent to the billing contact you designate. All other notices will be directed to the contact you specify.
Questions
If you have any questions regarding this Agreement or any aspect of our services, please visit our contact page for information on how to reach us.
Last Updated
This Agreement was last updated on 11th May 2024.