General Terms and Conditions and License Terms

I. Who are we and what do we offer?

  1. We are Toret plugins s.r.o., Company ID: 088 60 980, with its registered office at Nezamyslova 396, 397 01 Písek, registered in the Commercial Register maintained by the Municipal Court in Prague under file no. C 326539 (hereinafter referred to as the “Provider” or “We“).
  2. We operate the TORET internet platform, on which we primarily provide licenses for our supplementary software (plugins) for the WordPress platform, mainly for the WooCommerce e-commerce solution (hereinafter referred to as the “E-shop“) at the internet address https://www.toret.net/ (hereinafter referred to as the “Website“).
  3. We have drafted these terms and conditions to familiarize you in a comprehensible form with how you can order licenses for our software, what rights belong to you, and how to proceed in case of uncertainties. These terms and conditions therefore regulate, in accordance with Section 1751(1) and Section 2358 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code“), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a contract concluded between the Provider and You as a business individual or legal entity (hereinafter referred to as the “Licensee” or “You“) via the E-shop. Please note that our software is intended only for entrepreneurs and is not intended for consumers.
  4. The subject of the contract concluded between You as the Licensee and us as the Provider is the acquisition of a non-exclusive right to use the software, which is digital content, and the provision of our software support and update services to the extent resulting from these terms and conditions (hereinafter referred to as the “Agreement“), whereby the provisions of these Terms and Conditions are an integral part of the Agreement.
  5. These terms and conditions apply only to the provision of licenses within the European Economic Area.

II. User Account

  1. In order for us to conclude the Agreement, it is necessary for you to set up your user account. Thanks to it and the data you enter into it, we can provide you with the software license, and most importantly, we can provide you with support during software installation and later difficulties.
  2. When registering and setting up a user account, you are obliged to state all your data correctly and truthfully and update them in case of any change. We consider the data you enter when ordering or in the user account to be correct.
  3. Access to the user account is secured by a username and password – you are obliged to maintain confidentiality regarding the information necessary to access your user account. If login details are lost or you suspect they may have been stolen or misused, you are obliged to act immediately, in particular to ask us to block them. In the event of their misuse, we bear no responsibility.
  4. If maintenance of our software or hardware equipment is taking place, the user account may not always be available. We will do everything to ensure this happens for the shortest possible time, however, we do not guarantee any availability of the user account and in the event of its unavailability, we are not obliged to compensate for damage caused by this unavailability.
  5. Information about the processing of your personal data is contained in the Privacy Policy Statement, which you can find at https://www.toret.net/ochrana-osobnich-udaju/.

III. How does our contractual relationship work?

How can licenses be ordered?

  1. You can purchase licenses for our software on the E-shop using the form that appears after you add the software “to cart” and click on the “cart” icon. You enter your billing information into this form. If you have already concluded Agreements with us in the past, your data will be filled in automatically thanks to your user account. However, you can always check and change this data. The form also contains information about the software, especially its type or name, quantity, and the fee for the license (price), which you can check. Based on this information, you create an order (hereinafter referred to as the “Order“), whereby we consider all data you enter in the Order to be complete, correct, current, and truthful.
  2. After you send us the Order (by sending it you also express your consent to these terms and confirm that you have familiarized yourself with the Privacy Policy Statement), we will send you a confirmation of its receipt to the email address you provided in the Order. If the Order is unusual (e.g., regarding a large quantity, high price, or improbable billing data), we may contact you to confirm the Order with you once again.
  3. The Agreement between us is concluded at the moment of delivery of the confirmation to your email stating that we have accepted the Order. By the Agreement, we undertake to grant you authorization to exercise intellectual property rights (license) to the agreed extent and to provide you with support and updates (hereinafter referred to as “Services“), and You, in turn, undertake to pay us the fee for the license and related Services provided.
  4. We conclude the Agreement for a fixed period of 12 months (subscription), and we will provide Services to you for the same period. The length of the billing period is the same, i.e., 12 months.
  5. You can terminate the Agreement at any time, directly in the “My Account” administration in the “Subscriptions” section. We will provide Services to you until the end of the given billing period in which you terminated the Agreement. Payments for the current billing period in which you terminated the Agreement are non-refundable, and we do not refund money for a partially used billing period.

How do you pay for the software and our Services?

  1. You can pay the fee (price for software and Services) in the following ways:
  • cashless via the Stripe.com payment gateway;
  • cashless via the Comgate.cz payment gateway;
  • cashless by transfer to our bank account.

In the case of payment via any of the listed online payment gateways, you are obliged to follow the instructions and terms of the provider of the respective payment gateway.

  1. For each payment of the fee (price), we will issue a tax document – an invoice, which will meet all requirements given by legal regulations, and which we will send to you in electronic form to your email address.
  2. We are VAT payers. Prices for software and Services published on the E-shop are listed including VAT at the statutory rate, and you will pay us this VAT together with the price for software and Services.

How will the software be delivered to you?

  1. After paying the price for the software and Services, we will send you the software by email, or you can download the plugin and your unique license key after logging into the My Account section. Based on this license key, we will provide you with Services (i.e., plugin updates and support) for 12 months from the conclusion of the Agreement to the extent specified further in these terms. The license key can be used only once and only on one WordPress installation. In the event that you do not use the license key, we cannot provide you with support under these terms; even in such a case, however, payments made are non-refundable, and We are not obliged to refund any amount because you later decided not to use the license key and our Services.

What about withdrawal from the Agreement?

  1. As an entrepreneur, you do not have the right to withdraw from the Agreement (unless there is a substantial breach on our part according to the relevant provisions of the Civil Code).

Some other conditions regarding the conclusion of the Agreement

  1. You pay all costs for the use of communication means incurred by you in connection with negotiating the conclusion of the Agreement and creating the Order yourself, whereby these costs do not differ from the basic rate and are not charged by the Provider in any way.
  2. At your request, we will gladly perform individual modifications of the purchased software, but these modifications are not included in the price for the software, and the conditions for creating such a modification must be individually agreed with the Provider.
  3. If a price is listed on the E-shop where it is obvious that it is an error in writing or numbers, this price is not binding and the Agreement is not concluded.
  4. Please note that the presentation of our software on the E-shop is of an informative nature, and the Provider is not obliged to conclude an Agreement regarding the software so displayed. The provision of Section 1732(2) of the Civil Code shall not apply. We are also entitled to change information about the software and Services, their parameters, license parameters, and price at any time.

IV. Technical prerequisites for plugin functionality

  1. We deliver plugins with a guarantee of compatibility for WordPress, WooCommerce, and default WordPress theme installations; we do not guarantee the compatibility of our software with third-party products.
  2. We can guarantee functionality and provide support only if you use WordPress version 5.4 and higher in combination with WooCommerce 4.3 and higher.

V. What are the license terms and what support and updates will we provide you?

  1. By concluding the agreement, we grant you a license to our software (plugins) to the extent of the GNU General Public License terms, the full text of which can be found here.
  2. In accordance with the GNU General Public License terms, the license is granted as non-exclusive, territorially unlimited, and unlimited in time.
  3. Each grant of a license under these terms is tied to one WordPress website and is not compatible with WordPress Multisite.
  4. For a period of 12 months from the conclusion of the Agreement, we will provide you with installation and operation support via a telephone consulting service and as an email consulting service. Just send us an email at podpora@toret.net, in which you state at least a general description of the problem, including license key data and the relevant plugin, and we will get back to you as soon as possible. If necessary, you will also provide us upon request with all other cooperation necessary for us to provide you with support.
  5. For a period of 12 months from the conclusion of the Agreement, we will also make available to you updates for the plugin regarding which the Agreement was concluded.
  6. We decide on the frequency and scope of software updates.
  7. Support availability hours are on weekdays (i.e., working days) from 9 am to 3 pm. We do not guarantee a specific reaction time, but we always try to shorten it as much as possible. We also do not guarantee that we will solve problems that occur in connection with the plugins, but we will make every possible effort to eliminate them. Furthermore, we warn you that we are not responsible for any defects or other problems caused by: (i) third-party services or products connected to our plugins, (ii) other third-party interventions, (iii) the E-shop being used contrary to its purpose, (iv) failure to meet the technical prerequisites for plugin functionality according to these terms, (v) modifications to the plugin source codes by you or by not performing any available update without delay. In the event that you change or otherwise interfere with the plugin source code, we will not provide you with support related to plugin defects or errors.
  8. This support and updates are not provided if the software license is granted free of charge. These plugins are available for free on the E-shop because they can help you when using your website.
  9. You agree that, apart from the above-mentioned updates and support, we will not issue any other updates or upgrades within the meaning of Section 2389d of the Civil Code. Unless otherwise stated in these terms, the provisions of Sections 2389a to 2389u of the Civil Code shall not apply to the Agreement.
  10. We do not provide any warranty for the software. If a defect occurs in the software, we will resolve it exclusively by providing support or an update according to this article of the terms; you are not entitled to other rights from defective performance.

VI. And what to add in conclusion?

  1. These terms are in the Czech language. We have agreed that all arrangements between us as the Provider and the Licensee are governed by the laws of the Czech Republic, even if the relationship established by the Agreement contains an international element.
  2. We will always try to prevent any disputes, but if they do occur, we have agreed that all disputes will be decided by the courts having local jurisdiction over the Provider, even if the relationship established by the Agreement contains an international element.
  3. All rights to our Website, mainly copyright to content, including the layout of the Website, photos, graphics, videos, trademarks, logos, but also other content, belong to us as the Provider, and it is forbidden to copy the Website and its elements or parts in any way without our consent.
  4. To the maximum extent permitted by legal regulations, the Provider excludes its liability for your damage, lost profit, inability to use the Service or software or interruption of their provision, and further for loss, damage, or recovery of your data or breach of their security. In any case, should the Provider nevertheless be obliged to compensate you for any damage, this obligation of the Provider arising from the provision of Services or software or related thereto is in aggregate limited to an amount corresponding to 10% of the price you paid to the Provider in the period of 12 months preceding the event that led to the claim for such damage compensation, or the amount of 5,000 CZK, whichever amount is lower.
  5. We are entitled to unilaterally change and supplement these terms, whereby the rights and obligations arising between us during the effectiveness of the previous wording of the terms are not affected.
  6. If something was not clear to you or you have further questions, you can contact us at any time at info@toret.net.

 

These terms become effective on February 27, 2023. The previous version of the terms is available at this address https://www.toret.net/vseobecne-a-licencni-podminky-platne-do-26-2-2023/.

For Toret plugins s.r.o. Tomáš Cirkl, Executive Director

Appendix No. 1: Contract Withdrawal Form

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