Terms & Conditions

License Agreement / Terms and Conditions of Use

Please read this license agreement carefully, as it governs your relationship with Baluart EIRL. It sets forth important legal obligations between you and Baluart EIRL, and it defines the scope of what you can do if you have a disagreement with Baluart EIRL. We stand by our products. Easy Forms, along with our other products, has been designed, developed, and tested in order to meet the personal and business demands of our clients, and we expect that it will perform to our clients’ expectations in most environments. However, because every client’s needs are different, we cannot and do not guarantee that Easy Forms or our other products will work in every environment or be compatible with cms, plug-ins, extensions, or themes not developed by us. If you find that Easy Forms does not suit your needs, or if you are unsatisfied with it or any of our software, this agreement sets forth the extent and nature of your and our obligations with respect to troubleshooting, support, and refunds. For most users, problems can be resolved in less than a day through our support service.

1. Definitions

1.1. In this agreement Baluart EIRL, may also be referred to as “we” or “us”.

1.2. “You” means you, along with your agents, employees, assigns, successors in interest, beneficiaries, and heirs.

1.3. Easy Forms, along with any other product developed by Baluart EIRL, including but not limited to any add-on, extension or module may also be referred to as the “Software”.

1.4. “Regular license” means the Envato’s Regular license (https://codecanyon.net/licenses/terms/regular).

1.5. This agreement as a whole may be referred to as the “Agreement” or as the “Terms and Conditions”.

1.6. “Transfer” includes but is not limited to any instance in which a Software license is purchased for an end-user who is not the purchaser and for whom the purchaser does not provide ongoing support.

1.7. “Subscription” means a license purchased from Baluart EIRL, which includes a product license key and access to upgrades and support for the Software to which it applies.

1.8. “Renewal Rate” means the purchase price for the product, ordinarily as indicated by easyforms.dev, on the date and time of renewal.

1.9. “Support” or “Support Services” means the actions of us through our staff, in communication with you, to troubleshoot issues you may experience when using the Software during the term of an active Subscription.

1.10. “Commercially Reasonable Efforts” means those efforts that a reasonable person would make under the circumstances, limited to practices and steps that are commercially acceptable and typical in the ordinary course of software development and support and further limited to steps which require a time commitment which is reasonable and commercially acceptable and typical in the ordinary course of software development and support..

1.11. “Dependency” means any software without which the Software cannot function and any developer or controller of such software.

1.12. “Event of Force Majeure” means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to an act of God such as a natural disaster; the threat, declaration, or consequence of war; a riot, strike, or disorder (unless solely limited to our employees); or any act of terrorism.

2. Agreement

By downloading, installing, or using the Software and by using this site you agree to be bound by this Agreement. If you disagree with any of these Terms and Conditions, do not use our Software.

3. Regular License

Easy Forms are licensed under the REGULAR LICENSE. However, this Agreement includes additional permissions for its ADD-ONS, and its Terms and Conditions also govern any Subscription purchased from easyforms.dev (as defined in section 4).

4. Subscriptions

Terms herein that govern Subscriptions are in addition to and cumulative with the other terms in this Agreement. Subscriptions are valid for one year from the date of purchase. A valid and active license key is required for automatic upgrades and support for purchased extensions. At the end of each year, if you have not canceled your Subscription or opted out of automatic renewal, your Subscription will automatically renew, and you will be charged the purchase price at the time you purchased your Subscription or the Renewal Rate, whichever is higher, after applying any discounts for which you may be eligible. You may cancel automatic renewal by following the procedure at easyforms.dev or by means as we may otherwise communicate to you. Cancellation automatically and immediately terminates your eligibility for any discounts or other benefits that may be associated with your Subscription.

You may not transfer your Subscription to another individual or organization without the express consent of Baluart EIRL. Transfer of your Subscription automatically and immediately terminates your Subscription and your eligibility for any discounts or other benefits that may be associated with your Subscription.

easyforms.dev carries out the dissemination and sale of subscriptions. The user can subscribe Add-On Plans for Easy Forms; the acquisition of one or more add-ons presupposes the acceptance of the conditions detailed below and this terms and conditions.

The subscription is managed through the Gumroad platform (https://gumroad.com/) accepting credit cards and Paypal. Therefore, the payments made are made under the protection of your purchase policy that meets a security system in online transactions, the user can review the terms and conditions of Gumroad at the following link: https://gumroad.com/terms

Once the payment has been made, the user will receive an email with the confirmation of the payment.

5. Software Updates

If you have a valid and active license key as a result of having purchased a Subscription, you will receive updates for the duration of your Subscription. Updates will be notified automatically to your email address while your license is active.

6. Support Services

The scope of our support services for Easy Forms is outlined here:
https://codecanyon.net/page/item_support_policy

Support Services for purchased add-ons are available via our contact form or email address for all accounts for which there is a current and active Subscription. If you wish to receive Support after one year, you must renew your Subscription or purchase a new license key. Support is not available for accounts without an active Subscription. If a purchased add-on is discontinued, Baluart EIRL, may, at its sole discretion, offer a replacement or other extension at no or reduced cost to purchasers of the discontinued extension. However, we undertake no obligation whatsoever to extend support for discontinued extensions or to offer any replacement or refund in the event that an extension is discontinued.

Support requests for purchased add-ons are handled on a first-come, first-served basis. We will undertake Commercially Reasonable Efforts to resolve issues in a timely, courteous, and professional manner. However, we make NO WARRANTY of any kind with respect to the Software or with respect to whether the use of Support Services may resolve any particular issue. Support Services purchased from us are sold “AS IS” and WITHOUT ANY WARRANTY. We hereby disclaim any and all warranty not expressly provided herein, included but not limited to the warranties of MERCHANTABILITY and of FITNESS FOR A PARTICULAR PURPOSE. You use our Support Services at your own risk. We are not responsible for any harm, including but not limited to data loss, that may occur as a result of using our Support Services, and our liability for harm resulting from your use of Support is expressly limited as provided herein.

7. Refunds

The scope of our refund policy for Easy Forms is outlined here:
https://codecanyon.net/page/customer_refund_policy

For purchased add-ons all refunds are at the sole and exclusive discretion of Baluart EIRL, and we reserve the right to refuse to offer a refund for any reason or for no reason, including in all instances in which a Subscription is terminated by us, whether for cause or not. Refunds will not be offered for Subscriptions, bundle purchases, or product upgrades. User and Developer Bundles are not eligible for refunds due to the nature of their extreme discounted rate. Please note that by purchasing add-ons such as the Software, you agree to the terms of their respective refund policies.

8. Account Suspension

Baluart EIRL, reserves the right at any time to modify or discontinue, temporarily or permanently, a Subscription with or without notice and for any reason or no reason. If an account is suspended no refund will be granted.

9. Warranty

We are not responsible for any add-on, module or customization compatibility conflicts that may occur. The Software is purchased “AS IS” and WITHOUT ANY WARRANTY. We hereby disclaim any and all warranty not expressly provided herein, included but not limited to the warranties of MERCHANTABILITY and of FITNESS FOR A PARTICULAR PURPOSE. You use the Software at your own risk. We are not responsible for any data loss that may occur as a result of installing the Software, and our liability for harm resulting from your use of the Software is expressly limited as provided herein.

10. Pricing, Billing, & Privacy

We reserve the right to change pricing at any time for any or for no reason. We reserve the right to not honor typographical errors which may cause incorrect pricing on the website.

You warrant that the information provided to us with respect to your identity and contact and billing information is correct and accurate, and you undertake a continuing duty to maintain accurate records with us. Failure to maintain accurate contact information may result in diminution of services including but not limited to Support Services and access to the Software, and we reserve the right to immediately terminate without refund your Subscription in the event of fraud or misrepresentation. We will absolutely never sell or share your personal information with third parties. All data we collect will be used for internal purposes only.

11. Dispute Resolution

In the event of any dispute between you and Baluart EIRL, you agree to maintain communication and initiate direct dealings to try to resolve their disagreement for the non-extendable period of up to 30 calendar days.

If this period has elapsed and the parties will not arrive at any agreement, you agree to binding arbitration, in Spanish, with headquarters in the city of Lima, administered by the National and International Arbitration Center of the Chamber of Commerce of Lima, consisting of a Sole Arbitrator who will be appointed by the Nominating Authority of the National and International Arbitration Center of the Lima Chamber of Commerce. The applicable fund legislation will be Peruvian.

The decision of the Sole Arbitrator will materialize in an arbitral award that will be final and mandatory.

You further agree that in any dispute, if Baluart EIRL, prevails we shall be entitled to recover from you the expenses of the dispute resolution, including the cost of arbitration, any court costs, and reasonable attorney’s fees.

You agree that in any dispute, your sole and entire remedy is a refund of your purchase. Our liability shall be limited to the amount of your purchase, and under no circumstances whatsoever shall Baluart EIRL, or any of its staff or agents, be held liable for any amount, however designated or calculated, that exceeds the dollar value of your combined purchases from Baluart EIRL.

12. Intellectual Property, Additional Permissions

You are required to maintain any and all legal notices, included but not limited to trademark or copyright notices that appear on the Software.

If you make material modifications to the Software, you are further required to mark your software in such a manner that a reasonable user of the modified software would appreciate that it is a modified version of the Software.

If you redistribute the Software, modified or otherwise, you agree to indemnify, defend, save, and hold harmless us and our agents and staff and to assume all liability for any harm resulting from the Software, any modification, and your conveyance.

You are prohibited from using the Software, Baluart EIRL, or the names or likenesses of its agents or staff for any publicity purposes unless you obtain our express written permission.

You may not copy, distribute, or otherwise infringe upon our intellectual property without our express written permission.

13. Section Titles, Terms, Contents

This Agreement consists of sixteen (16) numbered sections. Section titles are provided for convenience only and are not part of the Agreement. Further, the preamble preceding section 1. Definitions, is provided for convenience and is not part of the Agreement.

14. Force Majeure, End Of Life

In the event that the Software is discontinued; Baluart EIRL, ceases to operate or to exist; or Yii2 or other Dependencies are discontinued or cease to operate or exist, then you agree to waive any and all claims, rights, and choses in action arising out of this Agreement or otherwise available to you at law, equity, or otherwise. You agree that we shall have no liability and no obligation to perform pursuant to this Agreement in the event of any Event of Force Majeure upon notice to you.

15. Mutual Drafting, Assistance Of Counsel

Both you and we have had ample time and opportunity to retain the advice of counsel and review this Agreement with our respective counsel. Prior to entering this Agreement, you and we have also had ample time and opportunity to communicate in order to negotiate and amend the terms of this Agreement to each of our benefits. You and we agree therefore that in any instance in which this Agreement may be construed by an arbitration center, the Agreement shall not be construed against a party by virtue of that party’s authorship or whether that party chose to retain counsel.

16. Entire Agreement

The preceding Agreement governs the sale of Easy Forms, its add-ons, and all Software. It constitutes the entire agreement between you and us, superseding any prior, other, or different agreements or negotiations between you and us. The Terms and Conditions herein are continuing in nature and may be altered or amended by us at any time for any reason or for no reason and with or without notice. By placing an order with us you acknowledge that you have read and understood the terms and conditions of this agreement, including as they may be amended, and agree to be bound thereby.