Licence terms

These terms govern the purchase and use of a HUBU licence. Buying one means accepting them.

Nothing here takes away rights you have as a consumer under the law of the country you live in. Where a term below conflicts with those rights, your rights win and the rest of the document still stands.

1. Who you are contracting with

We answer at those addresses. If you need to reach us another way, say so in an email and we will arrange it.

2. What HUBU is

HUBU is a plugin for WordPress. It replaces the WordPress login, registration and profile screens with a member area rendered on your own theme, and adds seven optional modules on top of that. Four of those modules are free; three require a paid licence.

3. What you are buying, and what you already have

This section matters more than any other, so it is written plainly.

The code is GPL. HUBU is a derivative work of WordPress and is licensed under the GNU General Public License, version 2 or later. That licence is granted by the GPL itself, not by us, and it gives you the freedom to use, study, modify and redistribute the plugin's code. We do not restrict any of that and could not if we wanted to. A copy of the GPL ships with the plugin.

A licence key is a subscription to a service. What a paid tier buys is not permission to run the software — you have that already — but access, for the term, to:

• automatic updates delivered to the sites the tier covers,
• new releases published during the term,
• support by email from the people who build the plugin,
• and the Pro modules as distributed by us.

So the site count limits the service, not your freedom. A Personal key delivers updates and support to one live production site, Business to five, and Agency to any number of live sites you own or manage on behalf of clients. Staging, local and development copies of a site already covered do not count. If you exceed the count, what stops is the service; nothing stops you running the code.

What is not GPL. The names HUBU and HUBU Pro, the logo, the brand assets and the content of this website are ours and are not covered by the GPL. Trademark and copyright in those are reserved, and the GPL does not grant any right to use them. You may say your product uses HUBU; you may not present a modified copy as HUBU or as endorsed by us.

Additional terms under section 7 of the GPL. Section 7 of the GNU General Public License lets a licensor add a limited set of further terms to a covered work. We rely on it for the following, and for nothing else. In this paragraph "the material" means any part of HUBU distributed under the GPL. When you convey the material, whether modified or not, you:

• may not misrepresent its origin, and must mark modified versions in a reasonable way as different from the original release (GPL §7(a), §7(c));
• may not use our name or the names of the authors for publicity in connection with the material (GPL §7(d));
• receive no right under trademark law to use the names HUBU or HUBU Pro or our logos (GPL §7(e));
• must indemnify us and the authors for any liability that arises from contractual assurances you gave to whoever received the material from you (GPL §7(f)).

These are the additional permissions and requirements the GPL contemplates, not restrictions on it. If any of them is held to be a further restriction within the meaning of the GPL, you may remove that term from any copy you convey, and the rest of this section continues to apply.

4. Definitions

Production site — one domain serving real visitors. Staging site — a copy of a production site you already have covered, used for testing and not serving real visitors. Term — the period a licence key entitles you to updates and support, starting on the day of purchase. Tier — Personal, Business or Agency, as described at the point of sale. List price — the price a tier renews at, absent a rate you have locked. Founding rate — a launch price that continues to apply to your renewals for as long as the licence stays active.

5. Your account and your key

You are responsible for keeping your licence key and account credentials confidential. A key is issued to you for the sites you operate or administer for clients. Publishing a key, or distributing it so that others obtain updates and support they have not paid for, is a breach of these terms and we may suspend the key.

You can move a licence between domains as often as you need: deactivate it on the old domain from your account, then activate it on the new one.

6. Term, renewal and cancellation

A licence runs for one year from purchase. Toward the end of the term we email you before any renewal is taken, stating the amount and the date.

You can cancel a renewal at any time from your account or by emailing sales@hubu.pro. Cancelling stops future charges. It does not stop the plugin working: the code keeps running, and the sites you have already installed on keep the last version delivered during the term. What stops is updates and support.

We may change prices for future terms. A change never applies to a term already paid for, and we tell you before a renewal at a new price.

6.1 The founding rate

If you bought at a founding rate, that rate applies to your renewals for as long as the licence stays active. It is not a first-year discount, and we will not raise it later. Because that is a promise rather than a marketing line, here is exactly what it covers.

• It is tied to the subscription continuing, not to your account. Let the licence lapse and the next purchase is at the list price then current.
• A failed payment does not end it. If a renewal fails we will tell you and try again; the rate survives as long as the licence is brought back into good standing within thirty days of the renewal date.
• It follows the tier you bought. Move up a tier and you pay that tier's current price; the founding discount does not transfer. Move back down and the founding rate for your original tier is restored if the licence never lapsed.
• If we retire your tier, we will offer you the nearest replacement at a price no higher than your founding rate for at least the following two renewal terms, and tell you at least sixty days before the change.
• Tax is not part of the rate. The rate is the net price. If the VAT rate that applies to you changes, the total you pay changes with it — that is not a price increase by us.

6.2 Changing the price of a future term

For licences not on a founding rate, we may change the price of a renewal. When we do:

• we will tell you at least thirty days before the renewal date, by email to the address on your account;
• the new price never applies to a term you have already paid for;
• you can cancel before the renewal at no cost, and the licence runs to the end of the term you paid for.

If we increase the price of a renewal within three months of your first purchase, you may treat that as a change you did not accept and cancel with a pro-rata refund of the current term.

7. Updates and support

Support covers the plugin: installation, configuration, behaviour that does not match the documentation, and bugs. It is delivered by email in English or Persian.

Support does not cover writing custom code for you, debugging a third-party plugin or theme, server administration, or building your site. We will tell you when a question falls outside that, and we will usually point you at the part of the reference that answers it.

We make no promise here about how quickly we reply, because we would rather not make a promise we cannot keep at every hour of every day. If you need a contractual response time, ask sales@hubu.pro and we will discuss it separately.

We may end support for an old release once a newer one has been available for a reasonable period, and for versions of WordPress or PHP that their own maintainers no longer support.

Installing an update is your decision, and testing it is your responsibility. We test each release against supported versions of WordPress and PHP before publishing it, and we publish what changed in the changelog. We cannot test it against your theme, your other plugins or your customisations, because we cannot see them. If your site is one where a broken page costs you money, take a backup and try the update on a staging copy first — that is what the staging allowance in your licence is for, and it does not count against your site count.

Nothing in this paragraph limits our responsibility for a defect in the software itself; see section 10.

8. Acceptable use

You agree not to:

• use HUBU to break the law, or to help someone else do so;
• use it to send unsolicited bulk messages;
• probe, scan or attack our licence or update servers, or attempt to obtain updates or Pro modules without a valid key;
• misrepresent your relationship with us.

If you find a security flaw, tell us at support@hubu.pro before telling anyone else. We will credit you in the changelog entry that fixes it.

9. Third parties

Payment is taken by [[PAYMENT PROCESSOR]], under their own terms. We never see or store your full card details. The website runs on [[HOSTING PROVIDER]] and transactional email is sent through [[EMAIL PROVIDER]]. How each of them handles your data is described in our privacy policy.

10. Warranties, and what we do not warrant

We warrant that we have the right to sell you the licence, and that the plugin will substantially do what its documentation says.

Beyond that, and to the extent the law allows, the plugin is provided as it is. We do not warrant that it will be free of every defect, that it will work with every theme and every other plugin, or that its operation will be uninterrupted. WordPress is an ecosystem of independent parts and we cannot test against all of it.

If you are a consumer, this section does not reduce your statutory rights. Those rights exist alongside anything written here.

11. Limitation of liability

To the extent the law allows, we are not liable for indirect or consequential loss, for lost profit, revenue, goodwill or data, or for business interruption, however caused.

Where we are liable, our total liability for all claims arising in any twelve month period is limited to the amount you paid us for the licence in that period.

Nothing in this section limits liability that cannot be limited by law — including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, and, for consumers, any liability arising under mandatory consumer protection law.

12. Indemnity

If you use HUBU in a way these terms prohibit, and that use causes a third party to bring a claim against us, you agree to cover the reasonable cost of dealing with it. This does not apply to consumers acting outside a trade or profession.

13. Suspension and termination

We may suspend or terminate a licence key if:

• you materially breach these terms and do not put it right within fourteen days of us asking you to;
• a payment due to us is not made and stays unmade after we have asked;
• you attack our licence or update servers, or try to obtain updates or Pro modules without a valid key — in either case immediately, without the fourteen days;
• you are abusive or threatening towards the people who answer our support email. We will say so first and give you the chance to stop, unless the conduct is severe enough that asking is not reasonable;
• we are required to by law.

We will tell you which ground we are relying on, in writing, and what you can do about it. Where we suspend rather than terminate, we will restore the key as soon as the reason for the suspension has gone.

If we terminate for one of the reasons above we do not refund the remainder of the term. If we terminate for any other reason — because we stop selling the product, for instance — we refund the unused part of the term pro rata.

Terminating a key ends updates and support. It does not, and cannot, end your GPL rights in the code you already have.

14. Export control and sanctions

You confirm that you are not located in, and are not ordering on behalf of anyone located in, a country or territory subject to comprehensive trade sanctions that would make this sale unlawful, and that you are not a person subject to such sanctions. You agree not to export or re-export the plugin in breach of any applicable export-control law.

15. Changes to these terms

We may change these terms. For a change that materially affects you we will give at least thirty days' notice by email to the address on your account and by publishing the new version here with a new effective date. If you do not accept a change, you may cancel before it takes effect; the version you agreed to governs the term you have already paid for.

16. Your right to cancel a purchase

If you are a consumer in the EU or the UK you have a statutory right to withdraw from this contract within fourteen days, and separately we offer a money-back guarantee. Both are described in the refund and cancellation policy, which forms part of these terms.

17. Privacy, and your members' data

How we handle personal data is described in the privacy policy, which forms part of these terms.

Your members' data stays on your server. HUBU runs inside your WordPress installation. Member accounts, profile fields, login records and anything else the plugin collects are written to your own database, on your own hosting, under your own control. We do not receive them, we cannot read them, and no part of the plugin sends them to us.

So for that data you are the controller and we are not a processor. There is no processing agreement to sign under Article 28 of the GDPR, because there is no processing by us to agree about. If you need that stated on letterhead for a procurement review, ask sales@hubu.pro.

What the licence check does send us is listed in the privacy policy: the site's domain, the licence key, the plugin and WordPress versions, and the administrative email address on the licence. That is what identifies a licence and tells us which release to offer. It is not member data, and the plugin has no mechanism for sending member data even if we wanted it.

If you install a module that talks to a third party — a payment gateway, for example — that service's own terms and privacy notice govern what it receives. We do not stand between you and it.

18. Governing law and disputes

These terms are governed by the law of [[COUNTRY]], and the courts of [[COUNTRY]] have jurisdiction.

If you are a consumer, that choice does not deprive you of the protection of the mandatory consumer law of the country where you live, and you may also bring proceedings there.

We would rather sort a problem out than argue about it: write to sales@hubu.pro first and we will try to resolve it directly. Consumers in the EU may also use the European Commission's online dispute resolution platform at https://ec.europa.eu/consumers/odr.

19. The rest

If a provision here is found unenforceable, the rest continues to apply. Our not enforcing a term straight away does not waive it. You may not transfer these terms without our consent; we may transfer them as part of a sale or reorganisation of the business, and will tell you if we do. These terms, the refund policy and the privacy policy are the whole agreement between us about HUBU.