These terms
These terms are an agreement between you and Pexally, 2001 S Heather St, Cornelius, OR 97113, United States. They apply when you use pexally.com, download or use our WordPress plugins, use the Pexally Central Payment Gateway, or work with us on custom software. By doing any of these, you accept them.
Flow has its own terms. If you use Flow, the Flow Terms of Service apply to it.
Our WordPress plugins
Pexally Invoices and Pexally Campaigns are free to download and install. They run on your own WordPress site, so you are responsible for that site: its hosting, its security, its backups, and keeping WordPress and the plugins up to date.
Licenses and paid features
- Some features need a license key. A key is issued for the domain you name when you request it, and may not be shared or used on other sites.
- Prices are shown in US dollars on each product's page at the time you buy.
- We may suspend a license that is shared, resold or used against these terms.
Pexally Central Payment Gateway
With the gateway, your clients pay your invoices on Pexally's secure checkout by card or PayPal, and you request payouts to your bank account.
- The fee is shown on the Pexally Invoices page at the time of the payment, and is taken from each paid invoice.
- The gateway is for digital products and services only. You must describe what you sell honestly and deliver it as described.
- We check identities and bank details before paying out, and may hold or decline a payment or payout where we reasonably suspect fraud, a breach of these terms, or where the law or a payment partner requires it. Where we can, we will tell you why.
- If a payment is refunded or disputed after you have been paid, the amount may be recovered from your later payouts. How refunds work is set out in our Refund Policy.
If you connect your own PayPal account instead, payments go straight to you, and you are responsible for that account, its disputes and your own tax compliance.
Sending email
If you send email with Pexally Campaigns, you must have permission to email every address on your lists, include a way to unsubscribe, and follow the email and privacy laws that apply to you and your recipients. You send email through your own provider, and we cannot guarantee where any provider will deliver it.
Custom software
Custom software projects start with a written proposal that sets out the scope, milestones, price and ownership. Once you accept it, that proposal and any agreement we sign with it govern the project, and take priority over these terms where they differ.
Using our products fairly
- Do not break the law, infringe others' rights, or harass anyone.
- Do not send spam, or use our products to email people who have not agreed to hear from you.
- Do not attack, overload or get around the security of our website, plugins or gateway.
- Do not use our products to sell anything illegal, harmful or physical through the gateway.
Ownership
Pexally owns its website, products, plugins, names and logos. You own the content you create with them. You may not copy, resell or redistribute our paid features or license keys.
Our service and its limits
We work to keep our products reliable and improve them over time. They are provided "as is" and "as available". To the extent the law allows, we do not promise they will be uninterrupted or error-free, or that they will meet every need you have.
To the extent the law allows, Pexally is not liable for indirect or consequential losses, lost profits or lost data, and our total liability to you for any claim is limited to the greater of the fees you paid us in the twelve months before the claim and one hundred US dollars. Nothing here limits liability that cannot be limited by law, or our obligation to pay you money you have earned.
Changes and law
We may update these terms. We will change the date at the top and, for changes that matter, tell you before they take effect. Continuing to use our products after that means you accept them.
These terms are governed by the laws of the State of Oregon, United States, without regard to its conflict-of-law rules. Before bringing any claim, please write to us so we can try to resolve it; courts in Oregon will have jurisdiction over any dispute we cannot resolve, unless the law where you live gives you a right to bring it there.
Contact
Pexally, 2001 S Heather St, Cornelius, OR 97113, United States. Email admin@pexally.com.