Terms

These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your access and use of the internet website owned and operated by Snap Creek, LLC (“Duplicator”) and located at duplicator.com and *.duplicator.com (the “Site”) including all subsidiary webpages and access to any optimized version of the Site via a wireless device, and access and use of the services available thereon, including, without limitation, the services that enable you to create, test and host promotion-specific custom landing pages for online marketing purposes (the “Services”). This Agreement is legally binding between you, the person using this Site, and Duplicator. Terms such as “we,” “our” and “us” refer to Duplicator.

YOU ACCEPT AND AGREE TO THIS AGREEMENT AND CONSENT TO DUPLICATOR’S PRIVACY POLICY LOCATED AT https://duplicator.com/privacy-policy/ (THE “PRIVACY POLICY”), BY DOING ANY ONE OF THE FOLLOWING ITEMS: (1) VISITING THIS SITE; (2) MAKING A PURCHASE OR SUBMITTING CONTENT THROUGH THE SITE; (3) COMPLETING THE ONLINE APPLICATION PROCESS BY CLICKING A BOX INDICATING YOUR ACCEPTANCE; OR (4) BY EXECUTING A SUBSCRIPTION THAT REFERENCES THIS AGREEMENT. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the services. The provisions of this Agreement that relate to terms for the payment of fees specified in any subscription to Services apply only to the Elite, Pro, Plus, and Basic paid subscriptions, and are not applicable to the Duplicator Lite Connect subscription. All other terms apply.

On our Site, we may provide short summaries of the terms and conditions in this Agreement. Any such summaries are provided only for your convenience, are not legally binding and do not modify this Agreement in any way.

Duplicator may update or modify this Agreement or the Privacy Policy at any time and such updated versions will be posted on the Site. You are responsible for periodically checking the Agreement and Privacy Policy. Your continued use of the Site and/or the Services after this Agreement and/or Privacy Policy are updated shall be deemed acceptance of any such updated Agreement and/or Privacy Policy.

Ability to Enter into this Agreement

This Site and the Services are not designed for or directed at children 13 years of age or younger. In addition, in order to enter into this Agreement, you must be 18 years old or have otherwise reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it.

You may not use the Services and may not accept this Agreement if (a) you are not of legal age to form a binding contract with Duplicator, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are a resident or from which you use the Services.

Before you continue, you should print or save a local copy of this Agreement for your records.

Your Profile Information and Account

In order to access certain Services, you may be required to provide information about yourself (such as API, identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You may also have to create passwords or other forms of authentication. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your profile information. You agree and understand that you are responsible for maintaining the confidentiality of any such information or passwords. Accordingly, you agree that you will be solely responsible to Duplicator for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Duplicator immediately.

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Duplicator immediately.

By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address. It is your responsibility to update or change that e-mail address, as appropriate.

By providing us with your phone number, you agree to allow Duplicator to contact you via that telephone number regarding all billing notices and/or inquiries (including, but not limited to: payment issues, billing discrepancies, declined/failed payments and/or expired payment methods). It is your responsibility to update or change that phone number, as appropriate.

Fees

You shall pay all fees specified in any subscription to Services or use of the Site (“Subscription”). We will charge you a periodic fee based on the Subscription you choose. Such fees shall be billed in advance for each period and are non-refundable except as specifically mentioned in these Terms of Service. Except for refunds provided for cancellation of Subscriptions within the first fourteen (14) days (as described in the section below entitled Cancellation and Termination and in the Duplicator Refund Policy), there will be no refunds or credits for partial months of service or for periods in which your Subscription remains active but you do not use the Services.

We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Services or on the Site.

At our discretion, we may offer free or discounted pricing for use of the Services (a “Trial Program”). Once the terms of any Trial Program have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional terms, restrictions or limitations we impose in connection with any Trial Program. You may not sign-up for multiple Accounts in order to receive additional benefits under any Trial Programs.

You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with your Subscription at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

All prices listed, fees, charges and refunds are issued in USD. We make no guarantees as to the exchange rate between any currencies, or that the exchange rate will remain unchanged during any period of time. Refunds are likewise issued in USD and are subject to exchange rate volatility. There will be no additional refunds or credits issued in consideration of current or eventual exchange rates. You are responsible for any currency exchange taxes, fees, or other costs that may incur by making a purchase of our Services.

Intellectual Property Rights

All right, title, interest and ownership and intellectual property rights in and to the Site, Duplicator trademarks and the templates provided via the Site, including but not limited to its “look and feel”, images, video, audio, data, content, software and other media, material or information, other than your Content, are and will remain the property of Duplicator or its software or content suppliers. The Site is protected under Canada, United States and international copyright, trademark and other laws and treaties.

Subject to the terms and conditions of this Agreement, Duplicator grants to you, during the term of this Agreement, a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Services that are subject to a valid Subscription.

You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to Duplicator related to the Services, the Site or Duplicator or its business (“Feedback”) shall become Duplicator’s property without any compensation or other consideration payable to you by Duplicator, and you do so of your own free will and volition.

The following are registered trademarks, trademarks or service marks of Snap Creek, LLC or its Affiliates: Duplicator. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Snap Creek, LLC or its Affiliates. All other trademarks or service marks are property of their respective owners.

Confidential Information

You agree to safeguard, keep secret and not to disclose to any third party, any Confidential Information acquired, learned or provided from Duplicator during the term of this Agreement or following the expiration or termination of this Agreement. “Confidential Information” means any information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.

Plugin License

Duplicator WordPress plugin is licensed under the GNU general public license version 2.0 or later.

Disclaimer of Warranties

YOUR USE OF THE SITE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DUPLICATOR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

Web Content Accessibility Guidelines Compliance Disclaimer (“WCAG Disclaimer”)

YOU ACKNOWLEDGE AND AGREE THAT DUPLICATOR DOES NOT WARRANTY, ASSURE AND/OR GUARANTEE THAT ITS SOFTWARE IS OR SHALL EVER BE COMPLIANT WITH THE WEB CONTENT ACCESSIBILITY GUIDELINES PURSUANT TO WCAG 2.0, WCAG 2.1, AND/OR ANY SUCCESSOR LAWS OR GUIDELINES. BY USING AND/OR DOWNLOADING DUPLICATOR YOU EXPRESSLY ACCEPT DUPLICATOR AS-IS AND AGREE TO BE FULLY RESPONSIBLE AND SOLELY LIABLE TO ENSURE THAT YOUR WEBSITE AND/OR YOUR INTENDED USE OF DUPLICATOR MEETS WCAG COMPLIANCE AND ANY OTHER ACCESSIBILITY REGULATIONS, AS REQUIRED BY LAW.

Support

Support for plugins sold and distributed by Snap Creek, LLC is only available for those who have an active, paid support license. Support, updates and plugin downloads are granted for one year after the original purchase based on the license that you have purchased. After one year is completed, the purchaser must renew their license in order to continue receiving support, updates, and access to download plugin files.

Support for Duplicator is provided as long as Duplicator is actively in development. Should any one of the following occur, Snap Creek, LLC will no longer be responsible for providing support:

1. Duplicator is no longer actively developed as a viable product under Snap Creek, LLC.
2. Duplicator or the parent company is purchased or bought out by another company.
3. WordPress is no longer actively developed.

While we attempt to provide the best support possible for our plugins, we do not guarantee that any particular support query can or will be answered to the extent that the inquirer is completely satisfied.

License Holders

Only a license holder is permitted to request support or access support resources. If any attempt is made by another party other than the license holder to access support in a manner not specified, we reserve the right to suspend indefinitely the license key without notice or consent.

Re-posting content from any portion of this site, including support forum and documentation materials, is strictly prohibited.

Sharing or Reselling your license key is not allowed. If we discover a violation of this rule, we reserve the right to immediately suspend the account without notice, indefinitely.

Phone Number

By sharing your phone number with us, you consent to receive billing-related text messages (eg payment reminders). Consent is not a condition of purchase. Message & data rates may apply. Unsubscribe at any time by replying STOP or contacting our support team.

Inactive License

If your license becomes inactive and is otherwise no longer valid, (a) Duplicator will no longer be obligated to provide you the Services, (b) your account will no longer be accessible by you to download plugin files, (c) you will immediately stop using Services, and (d) all licenses and other rights granted to you under the Agreement will immediately cease.

YOU ACKNOWLEDGE THAT YOUR CONTENT MAY BE DELETED FROM YOUR ACCOUNT UPON YOUR LICENSE BECOMING INACTIVE. THIS CONTENT CANNOT BE RECOVERED ONCE DELETED. IF YOUR LICENSE IS NOT ACTIVE, DUPLICATOR WILL NOT STORE CONTENT ON YOUR BEHALF.

Limitation of Liability / Exclusion of Consequential and Related Damages

NEITHER PARTY’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER.

IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to indemnify, defend, and hold harmless Duplicator, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to this Agreement or the Site.

Automatic Renewal

Unless you notify Snap Creek, LLC before the end of the applicable subscription period that you want to cancel your renewal, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription for such Renewal using any credit card or other payment medium we have on record for you. A subscription can be cancelled at any time in the My Account and Billing section of your dashboard.

Cancellation and Termination

If you wish to cancel your Subscription, you must do so by logging into your account and using the cancellation option in the billing section menu. For security and verification purposes, we require cancellations to be processed through your authenticated account portal only.

You will remain liable for all charges accrued on your account up to the time that you downgrade or cancel your Subscription, provided however that if you cancel your Subscription within the first fourteen (14) days of opening your Duplicator Account, you are eligible to a refund of your Subscription fee if you request a refund in our support portal.

Duplicator reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement.

Refund Policy

The Duplicator no-risk money back guarantee offers that, if at any time within the first 14 days of opening your paid Account you decide that Duplicator is not for you, then just let our awesome support team know (we make it easy!).

We will stop your Subscription and issue you a refund. Your request for a refund must be received within 24 business hours of the 14 days of the date and time of opening your paid Account. While some refunds may be instant, refund credit can take up to 5–10 business days to show up in your credit card statement.

If adequate notice is not received and your credit card is subsequently charged, you will not receive a refund. Renewals are non-refundable.

Discount Policy

On occasion, Duplicator may offer purchase incentives in the form of subscription discount codes. Discount codes are applied on an introductory basis, meaning that they are only applied for the first term of the subscription selected. Discount codes do not perpetuate with the life of the subscription. After your initial term has passed, subscriptions will be charged the regular price.

Agreement to Governing Law and Jurisdiction

If there is any dispute between you and Duplicator about or involving this Agreement, the Site or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the state of Florida, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in West Palm Beach, Palm Beach County, Florida.

Severability

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

Legal Remedies

You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.

You agree that if Duplicator does not exercise or enforce any legal right or remedy which is contained in the Agreement, this will not be taken to be a formal waiver of Duplicator’s rights and that those rights or remedies will still be available to Duplicator.

Surviving Provisions

The sections of “Intellectual Property Rights”, “Confidential Information”, “Disclaimer of Warranties”, “Limitation of Liability/Exclusion of Consequential and Related Damages”, “Indemnity” and “Agreement to Governing Law and Jurisdiction”, “Severability”, “Legal Remedies”, and any other provisions that by their nature are intended to survive will survive any actual or purported termination of your account or termination or expiration of this Agreement and shall continue in full force and effect.

Manner of Giving Notice

Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Billing-related notices to you shall be addressed to the relevant billing contact designated by you. All other notices to you shall be addressed to the relevant contact designated by you.

For any questions, feel free to reach out at 561-408-1057