WPShift, a SaaS platform provided by WPShift, registered in the Netherlands. These Terms of Service (“Terms”) govern your access to and use of WPShift’s services, including our website, platform, and related tools and features (collectively, the “Services”). By using our Services, you agree to these Terms. If you do not agree, please do not use the Services.

1. Definitions

• “WPShift,” “we,” “us,” or “our” refers to WPShift the provider of the Services.
• “User,” “you,” or “your” refers to the individual or legal entity using the Services.
• “Account” refers to your registered account on the WPShift platform.

2. Eligibility and Account Registration

To use WPShift, you must be at least 18 years old and have the authority to enter into this agreement. If using WPShift on behalf of a legal entity, you confirm that you have the authority to bind that entity to these Terms. You must provide accurate and current information during account registration and are responsible for maintaining the confidentiality of your account credentials. Notify us immediately if you suspect unauthorized access to your account.

3. Service Fees and Third-Party Costs

Use of WPShift requires payment of subscription fees, which vary based on the plan and services selected. Additional charges may apply for optional features or add-ons, and these will be disclosed before purchase. Please note that WPShift integrates with third-party providers, such as cloud hosting providers, to provision servers. You are solely responsible for any fees or charges incurred through such providers. WPShift is not liable for costs associated with third-party services.

4. Support and Boundaries of Service

WPShift provides support for issues directly related to the platform. However, WPShift does not manage or guarantee the performance, availability, or security of servers provided by third-party hosting providers. Support for third-party software, plugins, or custom configurations is outside the scope of WPShift’s responsibility unless explicitly stated otherwise.

WPShift relies on third-party APIs and services for provisioning and managing servers. WPShift does not guarantee uninterrupted access to or compatibility with such third-party services and is not liable for disruptions or changes to these services that may impact the functionality of the platform.

5. User responsibilities for security and backups

You are responsible for the security of any servers or environments created using WPShift. This includes configuring firewalls, updating software, managing user access, and protecting against unauthorized access or attacks. Additionally, you are solely responsible for implementing and maintaining regular backups of your data. WPShift does not guarantee the integrity or availability of backups and is not liable for data loss or corruption.

6. Cancellation, Suspension, and Termination

You may cancel your subscription at any time through your account settings. Upon cancellation, your access to the platform will continue until the end of your billing cycle. WPShift reserves the right to suspend or terminate your account without notice for violations of these Terms, failure to pay fees, or activities that harm WPShift or other users. Fees already paid are non-refundable unless explicitly stated otherwise.

7. Warranty Disclaimer

We do not have a special relationship with or fiduciary duty to you. WPShift does not control which users gain access to the platform, the content you access or interact with, or how you use or interpret that content. You release us from all liability related to content accessed or not accessed through the services.

THE WPSHIFT PLATFORM AND ALL ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES BUT IS NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE PLATFORM WILL BE SECURE, AVAILABLE, ERROR-FREE, OR MEET YOUR SPECIFIC NEEDS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WPSHIFT AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND CONTENT PROVIDERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR OTHER DAMAGES, ARISING OUT OF YOUR USE OF THE PLATFORM. IN NO EVENT WILL OUR LIABILITY EXCEED THE FEES YOU PAID TO WPSHIFT IN THE MONTH PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9. Indemnity

You agree to indemnify and hold harmless WPShift, its affiliates, and its employees from any claims, damages, or expenses arising from your use of the platform, your violation of these Terms, or any activities conducted under your account. This includes attorney fees and costs incurred by WPShift due to your actions or omissions.

You agree to indemnify WPShift against third-party claims arising from your use of the Services, including but not limited to intellectual property violations or data breaches caused by your actions

10. Changes to the Terms

WPShift reserves the right to modify these Terms at any time. Material changes will be communicated to you via email or platform notifications. Continued use of the platform after changes are implemented constitutes your acceptance of the updated Terms. If you disagree with any updates, you must discontinue use of the services.

11. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Netherlands. Any disputes arising from or relating to these Terms or the use of WPShift will be exclusively resolved in the courts of the Netherlands.

12. Notices and Communication

WPShift may provide notices, including updates to these Terms, via email, postal mail, or platform notifications. You are responsible for ensuring that your contact information is up to date.

13. Entire Agreement

These Terms, along with any policies or guidelines referenced within, constitute the entire agreement between you and WPShift regarding the use of the platform. They supersede any prior agreements or understandings between you and WPShift.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15. Statute of Limitations

You agree that any claim arising out of your use of WPShift or these Terms must be filed within one year after the claim arises, or it will be forever barred.

16. Consumer rights and refunds

If you are a consumer, you have the following rights:

• Right to Cancel: Consumers in the EU may withdraw from this agreement within 14 days of purchase without providing a reason. Refunds will be processed within 10 business days. To cancel, contact us at [refund@wpshift.io].
• Refunds after this period will only be granted in accordance with applicable laws or at WPShift’s discretion.
• Refunds do not apply to partially used months, custom features, or optional add-ons unless otherwise required by law.

17. Data Protection and Privacy WPShift values your privacy. Our collection, use, and processing of personal data are governed by our Privacy Policy, which is available here. By using the platform, you agree to the terms of the Privacy Policy.

18. Intellectual Property WPShift owns all intellectual property rights related to the platform, its tools, and associated content, unless explicitly stated otherwise. Users are prohibited from copying, modifying, or reverse-engineering any part of the platform without prior written consent.

19. Prohibited Activities Users may not engage in activities that harm WPShift, its users, or third parties. Prohibited activities include, but are not limited to:

• Unauthorized access to servers or data.
• Spamming or phishing.
• Distributing malware or engaging in illegal activities.

20. Service Availability and Maintenance WPShift strives to provide uninterrupted service but does not guarantee 100% uptime. Scheduled maintenance or unforeseen technical issues may result in temporary interruptions. WPShift is not liable for any damages resulting from service unavailability.

Certain features of WPShift depend on third-party APIs, which may be subject to updates or changes beyond WPShift’s control. WPShift reserves the right to modify or discontinue such features to maintain compatibility, which may result in temporary service disruptions.”

21. Beta Features WPShift may provide access to beta or experimental features. These features are provided “as is” without any warranties or guarantees and may be modified or discontinued at WPShift’s discretion.

Support for beta features may be limited, and WPShift is not liable for data loss or service interruptions arising from their use.

22. Resale and Unauthorized Use Users may not resell, sublicense, or otherwise distribute WPShift’s services without prior written consent. Unauthorized use or resale may result in account termination.

23. User-Generated Content Users retain ownership of content they upload to WPShift but grant WPShift a non-exclusive license to use, store, and display such content solely to provide the platform’s services. Users must not upload content that violates applicable laws or these Terms. WPShift reserves the right to review, remove, or moderate user-generated content that violates these Terms or applicable laws.

24. Account sharing

Users are prohibited from sharing their WPShift account credentials with others. Each account is intended for use by a single individual or legal entity. Sharing your account may lead to unauthorized access, misuse of services, or breaches of data security. WPShift reserves the right to suspend or terminate accounts found to be shared without explicit authorization. Users are responsible for all activities conducted through their accounts, regardless of whether such activities were authorized by the account holder.

25. Submissions

By submitting feedback, suggestions, ideas, comments, or other materials (“Submissions”) to WPShift, you acknowledge and agree that such Submissions are non-confidential and become the sole property of WPShift. WPShift may use, reproduce, modify, adapt, publish, or distribute these Submissions for any purpose without compensation or acknowledgment to you. You waive any moral rights in your Submissions to the extent permitted by applicable law. Please refrain from submitting proprietary or confidential information unless explicitly requested by WPShift.

26. Third-party websites and content

The WPShift platform may include links to third-party websites or content for your convenience or informational purposes. WPShift does not endorse or control these external websites or their content and is not responsible for their accuracy, availability, or practices. Accessing third-party links is at your own risk, and WPShift encourages you to review the terms and privacy policies of any third-party websites you visit. WPShift is not liable for damages arising from your use of or reliance on third-party websites or content.

27. Dispute resolution

If a dispute arises between you and WPShift, we encourage you to contact us first to resolve the issue amicably. If the matter cannot be resolved informally, the following terms apply:

1. Governing Law: These Terms and any disputes arising from or related to the Services are governed by the laws of the Netherlands, unless mandatory local laws of your jurisdiction require otherwise.
2. Jurisdiction: Any legal proceedings shall be brought exclusively before the courts in the Netherlands, except where local laws require otherwise.
3. Alternative Dispute Resolution (ADR): Where applicable, WPShift may agree to resolve disputes through mediation or arbitration as a faster and less costly alternative to litigation. Any ADR process will be conducted in accordance with mutually agreed rules.
4. Consumers in the EU: EU consumers may have the right to use the European Online Dispute Resolution (ODR) platform for resolving disputes.

28. Corrections

WPShift strives to provide accurate and up-to-date information on its platform. However, we do not guarantee that all content, descriptions, or features are free from errors, inaccuracies, or omissions. WPShift reserves the right to correct any errors, update information, and modify or discontinue features without prior notice. If you discover an error or inconsistency, please notify us so that we can address it promptly.

29. Disclaimer

The WPShift platform and all content provided are offered “as is” and “as available” without warranties of any kind, either express or implied. WPShift does not guarantee uninterrupted access, error-free performance, or compatibility with all third-party tools, plugins, or hosting environments. Your use of the platform is at your sole risk. WPShift disclaims all liability for damages resulting from service interruptions, errors, or loss of data.

30. User data

WPShift respects the privacy and security of your data. By using the platform, you grant WPShift permission to process your data for the purposes of providing services, improving platform features, and fulfilling legal or contractual obligations. For detailed information on how we collect, use, and store your data, refer to our Privacy Policy. You are responsible for ensuring compliance with applicable data protection laws when uploading or processing personal data on the platform.

31. Legal compliance

WPShift strives to comply with all applicable laws, including those in the Netherlands and international regulations. The following provisions ensure compliance with global legal requirements:

1. Data Protection: WPShift adheres to the General Data Protection Regulation (GDPR) for users in the EU and other applicable privacy laws worldwide.
2. Consumer Rights: WPShift provides EU consumers with a 14-day right of withdrawal for subscription services. Refunds and cancellations are managed in accordance with consumer protection laws.
3. Export Controls: WPShift complies with export control laws and does not provide services in jurisdictions prohibited by international sanctions.
4. Children’s Online Privacy: WPShift does not knowingly collect or process personal data from children under 13 (or the equivalent minimum age in applicable jurisdictions).
5. Global Application: These Terms apply globally, subject to local mandatory laws. In case of conflict between these Terms and mandatory laws in your jurisdiction, the latter shall prevail.

32. Force majeure

WPShift is not responsible for service interruptions or failures caused by events beyond its control, including but not limited to third-party service changes, API deprecations, or outages. In such cases, WPShift will make reasonable efforts to restore service but does not guarantee resolution or liability.