IMPORTANT: Do not forget to review the End User License agreement in the second tab of this page (above).
Support, Forum and Refund Policy
Usability Dynamics (UD) is committed to providing quality web-based business operations and administrative software, with a focus on CMS-integrated software.
We are also committed to providing product support, maintenance, and quality control as best as possible. Most of our core products are free, and with nearly 100.000 downloads, it has become almost impossible to sustain a support staff for all our free users and keep up with all the requests for assistance.
So far, we’ve attempted to keep up with all the support requests and general questions, but given the trajectory of usage growth, we are quickly approaching an unsustainable point for free support. Therefore, as of November 2011, we’ve given users the ability to submit Premium Support Requests and we’re implementing the following policies:
- The UsabilityDynamics.com forum remains a public forum. We did not want to create a separate "premium forum", as common practice, but create a hybrid of the two so our well researched and thorough premium answers are visible to all for reference. We encourage everyone to contribute and help each other out.
- Regular forum posts are completely functional, however, UD does not warranty, imply, or guarantee that any question will be answered by the UD staff unless it is a Premium Support Request.
- Research on Premium Support Requests will begin within 24 week day hours (excluding holidays) by someone from UD. To get to final answer, if there is one, will obviously vary from one topic to the next.
- All support requests, premium or otherwise, must be submitted through the UsabilityDynamics.com forums. We'll no longer be accepting support phone calls or e-mails sent to our staff members. The intent is to distribute the work load amongst our team, as well as to build up a rich online resource, which can be publicly referenced in the future.
Support Funds are credits that are specifically set aside for the purpose of submitting Premium Support Requests. Support funds are increased automatically any time you purchase a digital product, or specifically purchase support funds.
- Customers who purchase our digital products will automatically receive Support Funds in the amount of their purchase. So, if you purchase the Denali theme for $150, and the Single Page Checkout for $50, your account will have a total of $200 support funds that you can apply to any forum questions directed towards our team. Support funds are only transferred from digital product sales – custom development services under $15,000 will receive a set number of support funds based on the contract.
- Support Funds from product purchases are capped at 4 times the amount of a single Premium Support Request. (ex: If a Premium Support Request is $50, product based Support Funds are capped at $200)
- Support Funds are not refundable to cash. However, Support Funds may be credited by UD staff at their discretion.
We are extremely grateful for each individual or business that uses our product. In a perfect world, we'd be able to keep up with all the support requests that are incoming with the people we already have. However, thedemands of running a business and maintaining a full time staff have brought us to this juncture. In the end, we're looking forward to continuing to create great, valuable software for you, and we'll continue to support it to the best of our ability.
We guarantee answers to Premium Support Requests within 24 week day hours (excluding holidays) of submission. A Premium Support Request can be initiated by creating a post on the forum and choosing the option to submit the question to the UD staff. Each Premium Support Request guarantees at minimum 30 minutes of support and troubleshooting. You may be asked to add additional Support Funds if a request is extremely complex, as determined by the UD staff member assigned to your request.
How it works:
- After making a purchase, you probably have some questions you would like to ask the team. The questions can be asked on the forum to the community, but perhaps you are approaching a deadline and need something answered quickly.
- After visiting the forums and clicking “Start new Discussion”, an option is available to mark the new discussion as a question needing an answer from the Usability Dynamics team.
- After a question is posted, it is marked as a premium question, and all of the UD team is notified instantly.
- As soon as a UD team member begins to work on the question, they will claim it as theirs, and the question will have a message at the top stating which team member is working on it.
- The dicussion between you and the team member begins. Follow-up questions may be answered at the discretion of the team member.
- Once a question is answered, you can mark it as answered.
If you find that a purchased product does not meet your needs, simply let us know within 7 days of purchase. Your purchase price will be promptly reimbursed. Installation services and Premium Support funds, including those accompanying product purchases, may not be reimbursed once the services have been provided.
This EULA constitutes a valid and binding agreement between Usability Dynamics, Inc., (Licensor) and you and the organization you represent (collectively, End User) for the use of Theme or Premium Feature (Licensed Work) provided to End User by Licensor. End User understands and agrees that the Licensed Work includes Open Source Software components. End User understands and agrees that the Licensed Work also includes proprietary information such as Source Code, Object Code, and other Confidential Proprietary Information, all of which are considered part of the Licensed Work, and all of which are protected by Federal and International Copyright Laws. End User agrees to be bound by the terms of this Agreement and any new versions of it. Licensor reserves any right not expressly granted to the End User. End User hereby waives any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
In this Agreement the following capitalized definitions are being used, singular as well as plural.
“Affiliate” means any staff member of Licensor or other 3rd party corporation, company or other entity that directly or indirectly assists Licensor with the Licensed Work.
“Confidential Proprietary Information” means any and all information provided to End User by Licensor, including, but not limited to, documentation, trademarks, names, signs, logos, and any other materials, in whatever form, owned and/or used by Licensor for the use and/or promotion of the Licensed Work as well as Licensor’s other products and activities.
“Derivative Work” means creation of a new work by modification of Licensed Work.
“Effective Date” means the date on which this Agreement is entered into.
“GPLv2 License” means the General Public License, Version 2, which is used for Open Source Software.
“IP Rights” means any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the proprietary portion of the Licensed Work, documentation, or Confidential Proprietary Information.
“Open Source Software” means is computer software that is available in source code form for which the source code and certain other rights normally reserved by the creator of the software are provided under a software license that permits users to study, change, and improve the software.
“Object Code” means the non-human-readable or binary code as used to executed a program as the result of compiling Source Code.
“Source code” means the version the human-readable software code used to create the Licensed Work.
For the Open Source Software portion of the Licensed Work, End User agrees to be subject to the terms of this Agreement as limited by the GPLv2 License.
For remaining portion of the Licensed Work, End User agrees to be fully bound the terms of this Agreement. Licensor hereby grants End User a limited, personal, non-exclusive, non-sub licensable, nontransferable license to take the following actions:
A. Use the Licensed Work on computer systems owned, leased, or otherwise controlled by the End User in its own facilities or facilities under its control.
B. Positively promote the Licensed Work to other potential users by blogging or website postings; however, maligning or malicious blogs and/or website postings are considered a violation of this Agreement.
For the Open Source Software portion of the Licensed Work, End User is only limited according to the restrictions imposed by the GPLv2 License.
For remaining portion of the Licensed Work, End User is restricted from any actions not explicitly granted by this Agreement, including, but not limited to, the following actions:
A.User shall not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Licensed Work or any part of it.
B. End User shall not undertake, cause, permit or authorize the translation, reverse engineering, decompiling, disassembling or hacking of the Licensed Work or any part of it.
Changes to Licensed Work
For the Open Source Software portion of the Licensed Work, End User may alter such portion as End User sees fit.
For remaining portion of the Licensed Work, Licensor, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Licensed Work. End User understands and agrees that Licensor has no obligation to make available to End User any subsequent versions of the Licensed Work, unless otherwise agreed. End User also agrees that End User may have to enter into a renewed version of this Agreement, in the event End User wants to install or use a new version of the Licensed Work. Furthermore, End User understands and agrees that Licensor is in no way liable for damages of any kind nor is Licensor obligated to assist End User in any way, should such changes cause loss of functionality, errors, or other such issues in End User’s current version of the Licensed Work.
End User understands and agrees that the proprietary portions of the Licensed Work contains valuable Confidential Proprietary Information and that unauthorized use of such is harmful to Licensor. As such, End User shall take all reasonable steps to at all times protect and maintain any confidential information regarding Licensor, its Affiliates, the Licensed Work, Confidential Proprietary Information, and IP Rights, strictly confidential. End-User shall employ reasonable security precautions to prevent unauthorized persons from having access to any such confidential information.
End User understands and agrees that any and all IP Rights to Licensed Work, as well as in any Derivative Works created by Licensor, are the exclusive property of Licensor. End User understands and agrees that nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, End User. End User will not take any action to jeopardize, limit or interfere with such IP Rights. End User understands and agrees that any unauthorized use of IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including, but not limited to, copyright laws and trademark laws. End User agrees that End User will not remove, obscure, make illegible or alter any notices or indications of IP Rights and/or Licensor’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to such materials.
Disclaimer of Warranties
THE LICENSED WORK IS PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER; LICENSOR DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE LICENSED WORK, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. LICENSOR FURTHER DOES NOT REPRESENT OR WARRANT THAT THE LICENSED WORK WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE. END USER ASSUMES ALL RISKS ARISING OUT OF END USER’S USE OF THE LICENSED WORK, TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSIONS AND LIMITATIONS AS SPECIFIED HERE AND TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO END USER.
This Agreement will be effective as of the Effective Date and will remain effective until terminated by either Licensor or End User as described below. Either party may terminate this Agreement by providing 10 days notice to the other party. Upon termination of this Agreement, End User shall immediately surrender and cease use of the Licensed Work, and that it will return any relevant Confidential Proprietary Information to Licensor in End User’s possession. End User understands and agrees that Licensor is not liable for any damage caused by the termination of this Agreement.
Indemnification of Licensor
End User represents and warrants that End User is authorized to enter into this Agreement and comply with its terms. Furthermore, End User represents and warrants that End User will at all times comply with End User’s obligations under this Agreement, as well as with any and all laws, regulations, and policies that may apply to End User’s use of the Licensed Work. End User agree to indemnify, defend and hold Licensor, Affiliates and the Licensor Staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by Licensor, in connection with or arising out of End User’s violation or breach of any term of this Agreement or any applicable law or regulation, whether referenced within this Agreement or not; End User’s violation of any rights of any third party; or End User’s use or misuse of the Licensed Work.
Limitation of Liability
END USER UNDERSTANDS AND AGREES THAT LICENSOR AND ITS AFFILIATES WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM END USER USE OF THE LICENSED WORK OR DERIVATIVE WORKS, AS SET FORTH BELOW. IN NO EVENT SHALL LICENSOR OR ITS AFFILIATES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSE WORK OR DERIVATIVE WORKS, EVEN IF LICENSOR OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. END USER’S ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE LICENSED WORK IS LIMITED TO FIVE DOLLARS ($5). SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSIONS AND LIMITATIONS AS SPECIFIED HERE AND TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO END USER.
Licensor reserves the right to modify this Agreement at any time by providing such revised Agreement to End User. End User’s continued use of the Licensed Work shall constitute End User’s acceptance to be bound by the terms and conditions of the revised Agreement. End User understands and agrees that this Agreement constitutes the entire agreement between End User and Licensor and that it supersedes all prior understandings and agreements, in whatever form. Should any term or provision of this Agreement be deemed invalid or unenforceable by a court of law, either in its entirety or in a particular application, the remainder of this Agreement still remains in full force and effect. The failure of Licensor at any time or times to require performance of any provisions of this Agreement in no way affects Licensor’s right at a later time to enforce the same unless the same is explicitly waived in writing and signed by Licensor. Licensor is allowed to at its sole discretion assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware.
BY USING THE LICENSED WORK, END USER EXPRESSLY UNDERSTANDS THAT END USER HAS READ THIS AGREEMENT; UNDERSTANDS THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS CONTAINED WITHIN; AND EXPRESSLY CONSENTS TO BE BOUND BY IT.
© Usability Dynamics, Inc. – Last revised: June 27, 2011.