TermsofService

Full Terms

These Terms of Service (“Terms”) govern your access to and use of the PassiveWP website, checkout, accounts, downloads, updates, and related services (collectively, the “Services”) provided by Affiliate App, LLC (“PassiveWP,” “we,” “us,” “our”). If you do not agree, do not use the Services.

1. Company & Contact

Affiliate App, LLC
223 N Guadalupe St. PMB 242, Santa Fe, NM 87501, USA
Email: [email protected]

2. Definitions

• Customer/You: The individual or entity using the Services or licensing the Software.
• Software: The PassiveWP WordPress plugin and any related components, tools, or documentation we provide.
• Order: The online checkout, invoice, or subscription confirmation listing your license term, site limits, and pricing.
• License Credential: Any key, token, or link used to activate, download, or verify the Software.

3. Scope & Acceptance

By accessing the Services, creating an account, downloading, installing, or using the Software, you accept these Terms and our Privacy Policy. You represent that you are at least 18 years old and have authority to bind any entity you represent.

4. Accounts & Security

• You’re responsible for the accuracy of your account information and the security of your credentials.
• You must promptly notify us of any unauthorized access or suspected compromise of License Credentials.
• We may suspend or revoke access for suspected misuse or credential sharing.

5. Ordering & Payment

• Prices are shown at checkout and may change prospectively. Taxes (other than our income taxes) are your responsibility.
• Payment is due at checkout. Products remain our property until payment is received.
• You agree to receive digital invoices/receipts.

6. Delivery

Delivery is electronic. After purchase, you’ll receive access to downloads and/or License Credentials necessary to activate the Software.

7. License Grant & Types

Subject to your Order and continuous compliance with these Terms and the EULA, we grant a limited, worldwide, non-exclusive, non-transferable license during the paid term:

• Pro: Install and use on your own WordPress sites within your site/instance limits.
• Max: Same as Pro with higher limits and/or enhanced features per your Order.
• Agency: Install and use on client sites you manage (no reselling the Software standalone, no bundling into plugins/themes, no SaaS/hosted offering).

The Software is licensed, not sold. All rights not expressly granted are reserved by PassiveWP. See the End-User License Agreement for full license terms (which control in case of conflict).

8. Restrictions

• No reverse engineering, decompiling, or attempting to bypass licensing or copy-protection.
• No sublicensing, resale, rental, lease, hosting, or “as-a-service” offering (except Agency installs on managed client sites).
• No redistribution, marketplace listing, or inclusion in commercial bundles/themes/plugins.
• No removal of proprietary notices or publication of benchmarks without our consent.
• No sharing or public posting of License Credentials.

9. Updates, Maintenance & Support

• Updates provided during an active term become part of the Software and are governed by the EULA.
• Support scope and response targets (if any) are described on your Order or our website. We may request temporary access or logs to troubleshoot.
• You are responsible for keeping WordPress, PHP, and dependencies up to date and for maintaining backups.

10. Refunds

You may request a refund for any reason within 14 days of purchase. After that, fees are non-refundable unless required by law. To request a refund, contact [email protected] with your order details.

11. Privacy & Data

• We may process limited technical/telemetry data (e.g., Software version, PHP/WordPress versions, hashed site ID, license status, error codes) to verify licensing, deliver updates, and improve the product.
• We may collect basic sales information (e.g., name, email, billing address) for billing, license administration, and support.
• Processing of personal data is described in our Privacy Policy.

12. Intellectual Property

• We (and our licensors) own all IP rights in the Services and Software.
• Content on PassiveWP.com is protected by copyright. No copying, framing, scraping, or commercial use without written permission or a valid license.

13. Third-Party Software & Links

• The Software may interoperate with third-party libraries/services subject to their own licenses and terms. You are responsible for compliance with those third-party terms.
• External links are provided for convenience and are governed by third-party policies; we are not responsible for third-party sites or content.

14. Warranty Disclaimer

THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. We do not warrant that the Software will be error-free, secure, or uninterrupted, or that defects will be corrected. You are responsible for backups and environment security.

15. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION. OUR TOTAL LIABILITY UNDER THESE TERMS AND/OR THE EULA WILL NOT EXCEED THE AMOUNTS YOU PAID TO PASSIVEWP IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

16. Indemnification

You will defend, indemnify, and hold harmless PassiveWP from and against claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Services/Software in violation of these Terms, the EULA, or applicable law.

17. Export & Compliance

You agree to comply with all applicable export control and sanctions laws and regulations.

18. Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control (e.g., internet/provider outages, DDoS, acts of God, labor disputes, governmental actions).

19. Changes to the Terms

We may update these Terms from time to time. Material changes will be communicated via email associated with your account or via in-product notice. Your continued use after the effective date constitutes acceptance.

20. Governing Law & Venue

These Terms are governed by the laws of the State of New Mexico, excluding conflict-of-laws rules. The exclusive jurisdiction and venue for any action arising out of or related to these Terms, the Services, or the EULA shall be the state courts in Santa Fe County, New Mexico or the federal courts in the District of New Mexico, and each party consents to personal jurisdiction there. The U.N. Convention on Contracts for the International Sale of Goods and UCITA do not apply.

21. Miscellaneous

• Entire Agreement: These Terms plus the EULA and your Order are the entire agreement for the Services/Software.
• Assignment: You may not assign these Terms without our consent; we may assign in connection with a merger, acquisition, or sale of assets.
• Severability: If a provision is unenforceable, it will be enforced to the maximum extent possible and the remainder will remain in effect.
• No Waiver: A failure to enforce a provision is not a waiver.
• Notices: Legal notices to PassiveWP must be sent to the postal address above and to [email protected].

Effective date: August 9, 2025. If you have questions about these Terms, contact [email protected].