Terms

Terms Overview

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, productiveminds.com (“Our”, “Our Site”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms of Use, you must stop using productiveminds.com immediately.

We develop, publish, maintain and distribute software products and services. By using this website or downloading our products, apps or use any services that we offer, you agree to and give consent to these Terms of Use. Additionally, you agree to and give consent to our approaches to processing your personal data, as set out in our privacy policy.

These Terms, provided on this page are to be read together with our privacy policy

The Provision of These Terms

Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

Amendments to These Terms

Please note that, We may modify these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.

In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

Pricing and Service Availability

We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.

Where appropriate, you may be required to select specific packages in relation to price-promise or promotions.

We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are provided on Our Site and cannot be deduced from elsewhere.

We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time-to-time and as necessary. Changes in price will not affect any Order that you have already placed.

All prices on Our Site are exclusive of VAT or any applicable Taxes. However, where necessary, VAT or any applicable taxes are calculated and added, based on your billing information while completing your order.

Licensing

Our products and services are delivered under the GPL v2 or later. For further details, please refer to our License Policy

Accounts

Certain parts of Our Site may require an Account in order to access them.

This website is intended for people 18 years old and over. Therefore, you may not create an Account if you are under 18 years of age.

All personal information that We may use will be collected, processed, and held in accordance with the provisions of UK data protection law.

For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our privacy policy.

Your Order

Our Site will guide you through the ordering process. Please ensure that you have checked your Order carefully before completing it. Our Site uses paddle.com, which is a reputable Merchant of Records, to process orders. The total monetary value of your order, will be due upon completing your order.

We will send you an email to confirm your order once we receive your order. Your order confirmation email will include the details and characteristics of the products or services that you order.

Delivery

Your ordered product(s) will be available to download the same day. Usually your download link will be provided in the Order confirmation email few minutes after completing your order. You will also be able to create an account on our website, in which you can login to download your product immediately, after completing an order.

If you placed order(s) before registering an account on Our Site, your earlier order(s) will be automatically linked to your account when you register and login with the same email address as your order(s).

Refund

We are dedicated to ensuring our customers' satisfaction. We adhere to established methodologies and best practices to guarantee quality, ensuring the reliability and maintainability of our solution. However, we acknowledge that not all systems are identical. Therefore, if our product or service does not perform as described or if you encounter any issues rendering it unusable, kindly follow the "refund procedure" instructions provided below within 14 days of your purchase to request a refund.

Refund Procedure

1. Begin by initiating a support ticket here, selecting "Refund Request" as the ticket type. Please review the refund eligibility criteria below before initiating a ticket.
2. Upon receiving your ticket, we will work collaboratively with you to deliver a satisfactory resolution. If resolving the issue proves impossible, we will provide a 100% refund.

Refund Eligibility Criteria

Please note that we may not issue refund in the following situations:

1. The user change their mind about the purchase.
2. The purchase was for a renewal of license. We can only refund the initial purchase, we do not refund renewals.
3. Where there has not been contact with Us, as described in the refund procedure section above.

Blog, Guest Posts, and Comments

An Account is required if you wish to submit a Guest Posts or Comment on Our Blog.

You agree that you will be solely responsible for your Guest Posts and for any Comments you make anywhere on Our Site. Specifically, you agree, represent and warrant that you have the right to use the content that you submit and that your Guest Posts, or Comments comply with Our Acceptable Usage Policy, detailed below.

You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties you gave in the above paragraph. You will be responsible for any loss or damage suffered by Us as a result of such breach.

You retain ownership of the content of your Guest Posts and Comments, and all intellectual property rights subsisting therein. When you submit a Guest Post, or Comment you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the content of your Guest Post or Comment for the purposes of operating or promoting Our Site and services.

If you wish to remove a Guest Post, you may do so by contacting us, using our contact details, provided in Our privacy policy. The Guest Post in question will be deleted from Our Site, following your request. However, any reblog or quotes of your content will remain. Removing a Guest Post also revokes the permission granted to Us to use that Guest Post. Please note that caching or references to your Guest Post may not be made unavailable, where they are outside of Our reasonable control.

If you wish to remove a Comment, you may do so by contacting us, using our contact details, provided in Our privacy policy. The Comment in question will be deleted from Our Site, following your request. However, any reblog or quotes of your content will remain. Removing a Comment also revokes the permission granted to Us to use that Comment. Please note that caching or references to your Comment may not be made unavailable, where they are outside of Our reasonable control.

We may reject, reclassify, or remove any Guest Posts or Comments from Our Site where their content, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Guest Post or Comment in question should be removed as a result.

Reviews and Testimonials

An Account is required if you wish to provide a review or testimonials for Our products and services.

You agree that you will be solely responsible for your reviews and testimonials you make anywhere on Our Site. Specifically, you agree, represent and warrant that you have the right to use the content and description that you use to submit the review or testimonial.

Intellectual Property Rights and Use of Our Content

The content of Blog Posts and Comments on Our Site and the copyright and other intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been permitted by the User identified along with the Post or Comment in question. All such content is protected by applicable United Kingdom and international intellectual property laws and treaties.

You may not share or reblog content within Our Site without our express permission. If you wish to re-use content on Our Site in any way, you must contact us to obtain express permission to do so.

Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyright, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

Acceptance Usage Policy

You may only use Our Site (including, but not limited to, the creation of Guest Posts, and Comments) in a manner that is lawful and that complies with the provisions of this Terms. Specifically:

• you must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
• you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
• you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
• you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

When submitting Guest Posts, or Comments (or communicating in any other way using Our Site), you must not post, communicate, or otherwise do anything that:

• is sexually explicit;
• is obscene, deliberately offensive, hateful or otherwise inflammatory;
• promotes violence;
• promotes or assists in any form of unlawful activity;
• discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
• is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
• is calculated or is otherwise likely to deceive;
• is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
• misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.2);
• implies any form of affiliation with Us where none exists;
• infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
• is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this “Acceptance Usage Policy” or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:

• suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
• remove any content submitted by you that violates this Acceptable Usage Policy;
• issue you with a written warning;
• take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
• disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
• any other actions that We deem reasonably appropriate (as required by lawful).

We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

Warranties, Liability and Disclaimers

Nothing on Our Site constitutes advice on which you should rely. It is provided for information purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.

Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date for our users’ particular system, situation or environment.

To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (whether that Content is provided by Us or contained in Guest Posts or Comments created by Users) included on Our Site.

To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (including Guest Posts or Comments created by Users) included on Our Site.

We hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Content. We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

We provide Services for use by our users. We make no warranty or representation that Our Services are fit for reselling purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any Guest Posts, or Comments submitted by Users. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.

Nothing in these Terms of Service seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware, however, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any content (including any provided in Guest Posts or Comments) from it) or any other site referred to on Our Site.

Release and Indemnity

Updates will be provided free of charge for the product you purchase for 12 calendar months from the date of your order. The update can be delivered to your website through WordPress admin but you may also login into your account to download the latest update. You are eligible to purchase additional 12-month licenses when your initial license expires.

Communications from Us

If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, and changes to your Account.

We do not send marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us will include an unsubscribe link.

For questions, comments, suggestions, or complaints about communications from Us, please contact Us using our contact details, provided in Our privacy policy.

Links to Our Site

You may link to Our Site provided that:

• you do so in a fair and legal manner;
• you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
• you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
• you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

You may not link to Our Site from any other site the content of which contains material that:

• is sexually explicit;
• is obscene, deliberately offensive, hateful, or otherwise inflammatory;
• promotes violence;
• promotes or assists in any form of unlawful activity;
• discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
• is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
• is calculated or is otherwise likely to deceive another person;
• is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
• misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 9.4);
• implies any form of affiliation with Us where none exists;
• infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
• is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement or approval of the sites themselves or of those in control of them. If you visit any site by following a link from our site, you do so at your own discretion, and with knowledge that, we are not responsible for your experiences or activities outside our website.

Software Updates

Updates will be provided free of charge for the product you purchase for 12 calendar months from the date of your order. The update can be delivered to your website through WordPress admin but you may also login into your account to download the latest update. You are eligible to purchase additional 12-month licenses when your initial license expires.

Support Hours

Our opening hours are between 9am and 6pm (GMT), Mondays to Fridays. These are also the hours in which we offer support and any services that require human involvement. Our website operates 24 hours, seven days a week so you may complete your order or initiate support at anytime that suits you, even outside of our working hours.

Document History

We update this document from time to time, to reflect the current requirements and best practices.

This document was last updated on 10th August, 2023.