“The following terms and conditions (“Terms”) govern your use of the website www.gend.me (“the Site”, “we”, “us”, “our”), including all content, services, and products available at or through the Site. By accessing or using any part of the Site, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of the Services.

Our Services are also offered subject to your acceptance without modification of all of the terms and conditions contained in these Terms of Service and all other operating rules, policies (including, without limitation, Incsub’s Privacy Policy) and procedures that may be published from time to time.

We may automatically upgrade our Services, and these Terms will apply to any upgrades related to your use of the website.

Use of our Services requires an account at www.gend.me, and you agree to provide us with complete and accurate information when you register for an account.

These Terms of Service apply to all users of the site, including without limitation users who are browsing, contributing content, vendors, customers, merchants, and any other types of users. By visiting our site, registering as a member, and/or contributing content, you engage in our “Service” and agree to be bound by these Terms of Service.

Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the website shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. We will make reasonable efforts to notify you of any material changes to the Terms of Service. It is your responsibility to check this page periodically for changes.

SECTION 1 – General Conditions

By using this site, you represent that you are of legal age in your jurisdiction or have obtained parental consent to use the site if you are a minor. You may not use our products for any illegal or unauthorized purpose, and you must comply with all laws in your jurisdiction, including but not limited to copyright laws. You must not transmit any worms, viruses, or any code of a destructive nature through any part of the Service. Any breach or violation of these Terms will result in immediate termination of your Services.

While we generally reserve the right to refuse service to anyone for any reason at any time, please note that this right is subject to certain legal limitations. We will not refuse service on the basis of any protected characteristic under applicable anti-discrimination laws.

You understand that any content you submit to the site, except for credit card information, may be transmitted unencrypted and could potentially be intercepted by unauthorized third parties. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, including access to the Service, without our express written permission.

Please note that the headings used in these Terms are included for convenience only and do not limit or affect the meaning or interpretation of the Terms.

SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We strive to provide accurate, complete, and timely information on this site, but we do not guarantee that the information made available on this site is always accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information that is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time without obligation to update any information on our site. It is your responsibility to monitor changes to our site.

SECTION 3 – PRODUCTS OR SERVICES

Prices for our products and services are subject to change without notice. We reserve the right to modify or discontinue any part of the Service, including any content or feature, at any time without prior notice. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). By using our Services, you represent that you are 13 years of age or older (16 years or older in the European Union). If you are younger than this, you may not register for or use our Services.

Our Services are provided “as is” without warranties of any kind, whether express or implied. We disclaim all warranties, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be error-free, uninterrupted, or free of harmful components. You understand that you use the Service at your own risk.

We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

In no event shall we, our affiliates, or our licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from or in connection with the use of the Service or any products or services purchased through the Service. We shall not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, natural disasters, terrorist attacks, labor disputes, or power outages.

If you are using our managed hosting and application services, the following terms apply:

By using our services, you grant us access to your website, database, and any virtual or physical servers for the purpose of backing up and/or restoring your data and content.

To address security vulnerabilities, we may push upgrades to your site or access your site to remove malicious code, after first notifying you.

We may scan your data and content to compile aggregated and anonymized statistics for our internal use to optimize the performance and security of the Service.

If you lose access to your account or cancel your membership, you may not be able to access your hosting or backup data. We may not be able to recover backups or data more than fourteen (14) days after the account goes inactive.

You grant us a worldwide, royalty-free, and non-exclusive license to copy and store your data and content only to the extent necessary to operate the Service. You retain ownership of your data and content.

All hosting plans include nightly backups with no storage costs. Hosting backups can be stored for up to 30 days. Hourly backup services can be purchased for individual sites at an additional cost.

For sites that we host, our goal is an uptime of 100%. We guarantee a 99.9% uptime SLA, subject to the following:

We do not place any hard limits on traffic, visits, or bandwidth on your sites. Should your site receive a short term spike.

Our SLA does not cover the following:

1. Maintenance periods, including scheduled maintenance or emergency maintenance that we deem necessary to protect the security or integrity of our network or systems.

1. Any issues arising from actions or omissions by you or any third-party, including but not limited to changes to your site’s code, plugins, or themes, or any other modification that may affect the site’s performance.

1. Issues related to domain name system (DNS) problems, including domain name registration or renewal, or any problems associated with DNS propagation.

1. Downtime caused by factors outside our control, including but not limited to, force majeure events, such as natural disasters, acts of terrorism, or civil unrest.

1. Any issues caused by your use of our services in violation of our terms of service, including but not limited to, engaging in spamming, phishing, or other illegal activities.

1. Any issues arising from the use of unsupported software or hardware, including but not limited to outdated browsers, unsupported operating systems, or incompatible plugins.

1. Any downtime resulting from any acts or omissions of third-party service providers, including but not limited to, Internet Service Providers (ISPs), domain name registrars, or content delivery networks (CDNs).

1. Any downtime resulting from a failure or delay in the provision of services by third-party service providers, including but not limited to, cloud providers, payment gateways, or email service providers.

In the event of any conflict between this SLA and any other agreement between you and us, this SLA shall govern to the extent of the conflict.

We reserve the right to amend this SLA at any time by posting a revised version on our website. Your continued use of our services after such posting constitutes your acceptance of the amended SLA.

If you have any questions about our SLA, please contact our customer support team.

SECTION 4 – SUPPORT

At www.gend.me, we offer our Services ‘as is’, which means that we cannot guarantee that all Services will function exactly as you wish or with all third-party components and plugins.

If you require assistance, our support team is available to you via Live Chat at www.gend.me. For any issues that cannot be immediately or easily resolved via Live Chat, our support staff will create a Forum ticket for ongoing follow-up and tracking.

Our support services are offered in English only, as this is the language that ensures we reach the widest possible audience. This applies to both Live Chat and Forum support, as well as email communications. Our support team is located around the world to ensure we can assist you whenever you need it.

We commit to having our support team available and staffed from 9am to 5pm EST, Monday to Friday. On average, Live Chat wait times will be under 10 minutes. However, resolution times of issues will depend on the complexity of the issue, the support queue, and the availability of the appropriate staff member to address the issue.

While we will do our best to support anything WordPress related, some requests may require complex or custom work that is beyond the scope of what we can reasonably provide. We reserve the right to determine which requests and levels of support we can and cannot provide.

If you grant our support team access to your sites to troubleshoot and resolve problems, you are responsible for obtaining a backup of your site prior to granting access. You also take full responsibility for any lost content or downtime resulting from support, both on staging and production sites. We strongly recommend that troubleshooting take place on staging environments first whenever possible.

To receive support for any Service, you must use the most recent version of our products, WordPress, and any other theme or plugin utilized on your site. We cannot guarantee that our support team will be able to provide assistance to anyone using outdated or otherwise altered versions of our products. Please note that we offer no support via email or otherwise for installation, customization, or third-party hosting administration of WordPress itself.

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SECTION 5 – PAYMENTS, SUBSCRIPTIONS, AND ACCURACY OF BILLING AND ACCOUNT INFORMATION

Order Acceptance and Restrictions:

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In case we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time of order placement. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Accuracy of Account Information:

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Paid Services and Subscriptions:

Many of our services require an active paid subscription. By using a paid service, you agree to pay the specified fees, which we will charge you for at regular intervals (such as monthly or annually) on a pre-pay basis until you cancel, which you can do at any time on your account overview page or by contacting support.

Automatic Renewal:

To ensure uninterrupted service, our paid services are automatically renewed. This means that unless you cancel a paid service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your paid services are renewed for the same interval of time.

Cancellation and Refunds:

If you choose to cancel your subscription, your membership access will remain active until the end of your current billing cycle. If your payment fails or paid services are otherwise not paid for on time, we may immediately cancel or revoke your access to the paid services. We reserve the right to refuse service or cancel your subscription and revoke membership access with a prorated refund for any reason we deem appropriate.

Fee Changes:

We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your paid service.

Refunds and Exceptions:

Refunds requested after the free trial period are issued at the discretion of our support staff. No refunds whatsoever will be given for scheduled subscription payments after 30 days, except in the rare case that it is due to billing errors on our end. If you contact your bank or credit card company to decline or reverse the charge of fees for paid services, we will not provide a refund, and we may revoke your access to our services in general. Refunds are available once per person or entity and will not apply if your account is in violation of these terms. Domain registration, renewal, transfer, and redemption fees are not refundable under any circumstances.

Free Trials:

Your membership may include a free trial. We require you to provide your payment details to start a free trial. You will not be charged until the end of your free trial period. Only one free trial is allowed per person or business ever. Creating a duplicate account to get multiple free trials is forbidden. When your free trial has ended, we will automatically withdraw payment for the membership associated with your free trial. Payment will continue on a recurring monthly basis until such time you cancel. By providing your payment details in conjunction with the free trial registration, you agree to this charge.

Only one free trial is allowed per person or business ever. Creating a duplicate account in order to get multiple free trials is forbidden.

When your free trial has ended, we will automatically withdraw payment for the membership associated with your free trial. Payment will continue on a recurring monthly basis until such time you cancel. By providing your payment details in conjunction with the free trial registration, you agree to this charge. If you do not want this charge, you must cancel your membership before the end of your free trial. You will not receive a notice from us that your free trial period has ended.

You can cancel your free trial at any time here. If you cancel during your free trial, any updates, API services, and support will end immediately.

We may change or update the terms and conditions of this Section 5 from time to time in our sole discretion. We will notify you of any changes by posting the new terms on our website. It is your responsibility to review these terms periodically. Your continued use of our Services following the posting of any changes constitutes acceptance of those changes.

SECTION 6 – API INTEGRATION

We may provide you with access to third-party tools over which we have no control, and we do not monitor or input any content or data. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also offer new services and/or features through the website, including the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Service.

Some of our services require API access to enable all features and functionality. If you are using any of our API Services, the following applies:

You must maintain any active subscriptions required to make use of API services. API-based services may only be accessed by our plugins designed for that purpose. API services use an assigned API key to connect. You may only use your API key on sites that belong to you or those of your clients. You may not resell, share, or publish your API key.

Any violation of these terms may result in the immediate termination of API access and/or any related product subscriptions. We reserve the right to suspend API access to users that use an unusual amount of API requests or resources that we feel may impact the services to other members.

SECTION 7 – THIRD-PARTY LINKS

Our Service may provide access to content, products, and services from third-party sources. Additionally, our Service may include links to third-party websites that are not affiliated with us. We do not monitor, evaluate or have any control over the content or accuracy of these third-party sources, and we do not provide any warranties or representations regarding them. As such, we are not liable for any harm or damages resulting from your use of, or reliance on, any third-party materials or websites.

When you access third-party websites or use third-party services, you do so at your own risk. We encourage you to carefully review the terms and policies of any third-party websites or services you use to ensure you understand their terms and conditions. We are not responsible for any transactions you may make with third-party websites or services, including the purchase or use of goods or services. If you have any complaints, claims, concerns, or questions regarding third-party products or services, please direct them to the third-party.

SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you choose to provide us with any comments, suggestions, proposals, plans, or other materials, whether solicited or not, you agree that we may use, copy, modify, distribute, and otherwise exploit your submissions in any way and for any purpose without any compensation to you or any other person or entity. By submitting any material to us, you represent and warrant that the material is original to you, that no other party has any rights to the material, and that any “moral rights” in the material have been waived.

We reserve the right, but not the obligation, to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service.

You agree that your comments and other submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments or other submissions you make and their accuracy. We take no responsibility and assume no liability for any comments or other submissions posted by you or any third-party.

SECTION 9 – PERSONAL INFORMATION

Any personal information you provide to us through the store will be governed by our Privacy Policy. By using our Service, you agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy. We encourage you to read our Privacy Policy carefully to understand how we collect, use, and protect your personal information. You can view our Privacy Policy by [insert hyperlink to Privacy Policy].

SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS

We strive to provide accurate and up-to-date information on our site and in the Service, but occasionally there may be errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions and to change or update information or cancel orders without prior notice (including after you have submitted your order).

We do not undertake any obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. We do not guarantee that all information in the Service or on any related website is complete, accurate, or up-to-date at all times. Any reliance you place on such information is strictly at your own risk.

SECTION 11 – PROHIBITED USES

You agree not to use the site or its content for any unlawful, fraudulent, or malicious purposes or in any way that violates the Terms of Service. In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the Service or any related website for the following purposes:

(a) Violating any state, federal, or foreign laws or regulations;

(b) Infringing on any intellectual property rights (e.g., copyright, trademark, patent, or other proprietary rights);

(c) Publishing, hosting, or transmitting defamatory, slanderous, or trade libelous content;

(d) Publishing, hosting, or transmitting threatening or harassing content;

(e) Publishing, hosting, or transmitting discriminatory content based on gender, sexual orientation, race, age, or promoting hate;

(f) Disclosing sensitive personal information of others;

(g) Distributing material that is or enables malware, spyware, adware, or other malicious code;

(h) Sending spam or bulk unsolicited messages;

(i) Interfering with, disrupting, or attacking any service or network;

(j) Reselling, sharing, or publishing credentials or access.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We make no guarantees, representations or warranties that your use of our service will be uninterrupted, timely, secure, or error-free. We also do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You acknowledge that we may, from time to time, remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided ‘as is’ and ‘as available’ without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, unless expressly stated by us.

In no case shall www.gend.me, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

To the extent permitted by applicable law, in no event shall our aggregate liability exceed the amount paid by you to us for the use of the service.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 13 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless www.gend.me, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Service, your violation of these Terms of Service, or your violation of any law or the rights of a third-party. This indemnification obligation will survive the termination of these Terms of Service and your use of the Service.

SECTION 14 – SEVERABILITY

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and the unenforceable provision shall be deemed to be modified to the extent necessary to allow its enforcement consistent with the intent of the parties as expressed herein.

SECTION 15 – TERMINATION

The obligations and liabilities of the parties that have accrued prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service will remain in effect until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.

We reserve the right, in our sole discretion, to terminate these Terms of Service or suspend your access to our Services at any time and without notice, if we suspect that you have violated any of these Terms of Service or applicable laws and regulations. You will remain liable for all amounts due up to and including the date of termination.

Upon termination of these Terms of Service, your right to use our Services will immediately cease, and you must promptly cease all use of our site and destroy all materials obtained from our site and all copies thereof.

Any provisions of these Terms of Service that by their nature should survive termination, shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

SECTION 16 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site or in respect to The Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law.

SECTION 18 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 19 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at admin@gend.me.