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Terms of Service

Last updated: December 28, 2024

Welcome to BrightFlash! These Terms of Service ("Terms") govern your use of the BrightFlash WordPress plugin and related services. By downloading, installing, or using BrightFlash, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using BrightFlash, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our plugin.

2. Description of Service

BrightFlash is a WordPress plugin that provides smart contextual notices and messaging capabilities for websites. Our service includes:

  • Contextual notice display and management
  • Cart abandonment tracking and recovery
  • User behavior analytics and insights
  • Customizable notice templates and designs
  • Integration with WordPress and WooCommerce

3. License Grant

3.1 Free Version

Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable license to use the free version of BrightFlash on your WordPress websites for personal or commercial purposes.

3.2 Premium Version

Premium licenses are granted upon payment and provide additional features. Premium licenses are subject to the terms specified at the time of purchase.

3.3 Restrictions

You may not:

  • Reverse engineer, decompile, or disassemble the plugin
  • Redistribute, resell, or sublicense the plugin
  • Remove or modify copyright notices or proprietary marks
  • Use the plugin for illegal or unauthorized purposes
  • Attempt to circumvent license restrictions or usage limits

4. User Responsibilities

You are responsible for:

  • Maintaining the security of your WordPress installation
  • Ensuring compatibility with your WordPress setup
  • Backing up your website data before installation
  • Complying with applicable laws and regulations
  • Respecting user privacy and consent requirements
  • Using the plugin in accordance with WordPress guidelines

5. Privacy and Data Protection

Important: BrightFlash may collect and process user data as described in our Privacy Policy. You are responsible for ensuring compliance with applicable privacy laws (GDPR, CCPA, etc.) when using our plugin on your website.

You agree to:

  • Provide appropriate privacy notices to your website users
  • Obtain necessary consent for data collection and processing
  • Handle user data in compliance with applicable laws
  • Implement appropriate security measures

6. Intellectual Property

BrightFlash and all related content, features, and functionality are owned by us and are protected by copyright, trademark, and other intellectual property laws. You acknowledge that:

  • We retain all rights, title, and interest in BrightFlash
  • No ownership rights are transferred to you
  • You may not use our trademarks without permission
  • Feedback provided to us may be used without compensation

7. Disclaimers and Limitations

7.1 No Warranty

BrightFlash is provided "AS IS" without warranties of any kind. We disclaim all warranties, express or implied, including but not limited to:

  • Merchantability and fitness for a particular purpose
  • Non-infringement of third-party rights
  • Uninterrupted or error-free operation
  • Compatibility with all WordPress configurations

7.2 Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, data, or business opportunities
  • Website downtime or performance issues
  • Compatibility problems with other plugins
  • Security breaches or data loss

8. Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, damages, or expenses arising from:

  • Your use of BrightFlash
  • Violation of these Terms
  • Infringement of third-party rights
  • Your website content or business practices

9. Support and Updates

9.1 Free Version Support

Support for the free version is provided on a best-effort basis through our community forums and documentation.

9.2 Premium Support

Premium users receive priority support through our dedicated support channels.

9.3 Updates

We may release updates to improve functionality, security, or compatibility. Updates may require acceptance of revised terms.

10. Termination

These Terms remain in effect until terminated. We may terminate your license immediately if you violate these Terms. Upon termination:

  • Your right to use BrightFlash ceases immediately
  • You must uninstall the plugin from all websites
  • Provisions regarding liability and indemnification survive

11. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes through:

  • Plugin notifications
  • Email notifications (for registered users)
  • Website announcements

Continued use after changes constitutes acceptance of the modified Terms.

12. Third-Party Services

BrightFlash may integrate with third-party services (analytics, payment processors, etc.). Your use of such services is subject to their respective terms and privacy policies. We are not responsible for third-party services.

13. Export Compliance

You acknowledge that BrightFlash may be subject to export control laws. You agree to comply with all applicable export and import laws and regulations.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction]. Any disputes shall be resolved in the courts of [Your Jurisdiction].

15. Severability

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

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding BrightFlash and supersede all prior agreements.

17. Contact Information

For questions about these Terms of Service, please contact us:

  • Email: legal@brightflashapp.com
  • Website: https://brightflashapp.com
  • Support: support@brightflashapp.com

18. WordPress.org Compliance

WordPress.org Repository: If you downloaded BrightFlash from the WordPress.org plugin repository, additional terms from WordPress.org may apply. Our plugin complies with WordPress.org guidelines and the GPL license.

19. Open Source Components

BrightFlash may include open source components. Such components are governed by their respective licenses, which are included in the plugin documentation.

20. Age Requirements

You must be at least 18 years old to use BrightFlash. If you are using the plugin on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

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