Terms of Service
This is our updated Terms of Service, taking effect on January 19, 2021, updated on February 09, 2021.
A. The Gist
We (Ninja Cookie) are on a mission to make the web a better place. We hope you love the ninja, products and services as much as we love creating them.
These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our Services. Please read them carefully and reach out to us if you have any questions. These Terms include a mandatory arbitration provision. If you don’t agree to these Terms, don’t use our services.
These Terms have been written by Automattic and revised by Ninja Cookie. The original terms are available under a Creative Commons Sharealike license. You can grab a copy of these Terms and other legal documents on GitHub.
B. Terms of Service
These terms govern your access to our website ninja-cookie.com (the « Website ») and use of our product and services we provide (collectively, “Services”).
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes. You can review the most current version of the Terms of Service at any time at this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
C. Who’s Who
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
D. Your Registration
Using our free Services does not require any account or user registration.
Please note that you won’t be able to use our paid Services if your email address is not accurate as you won’t receive email confirmation and product license key. It is your responsibility to provide us with accurate information.
When you register as a Ninja Cookie user, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications.
You’re solely responsible and liable for all activity under your registration. You’re also fully responsible for maintaining the security of your registration (which includes keeping your product license key secure and secret). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.
Don’t share or misuse your access credentials or product license key. And notify us immediately of any unauthorized uses of your registration or product license key. Please note that if we believe your registration has been compromised, we may in our sole discretion suspend or disable it. You will find more details about termination in the section “termination”.
E. Minimum Age Requirements
Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
F. Responsibility of Visitors and Users
We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:
- We don’t have any control over third-party websites.
- A link to or from one of our Services does not represent or imply that we endorse any third-party website.
- We don’t endorse any content or represent that content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
- We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
G. Products and plans
All products or plans are subject to availability. We reserve the right to discontinue any products or plans at any time and for any reason. All descriptions or pricing of products or services are subject to change at anytime without notice. All information regarding products and subscription plans are available in the Ninja Cookie Subscription Details. In case of a conflict between the terms and conditions or any documents and these Subscription Details, these Subscription Details shall govern.
We do not warrant that the quality of any products or services, will meet your expectations, or that any errors or bugs in the Service cannot occur and that any errors in the Service will be corrected. We shall not be liable to you or to any third-party for any suspension or discontinuance of the Service.
H. Fees, Payment, and Renewal
1. Fees for Paid Services.
Some of our Services are offered for a fee (“Paid Service”), like (but not limited to) the premium version of Ninja Cookie browser extension. By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees or recurring fees. For recurring fees, we’ll bill or charge you in the automatically-renewing interval (such as monthly or annually) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team or by following instructions on the order confirmation email you received or directly on the Website.
Some of our Services are offered for a « Pay What You Want » fee. This means that you have the choice to define the amount of your fee by yourself according to what you want and what you are able to pay for our Services.
To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment.
If your payment fails, Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you.
4. Automatic Renewal.
To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to use any payment mechanism we have on record for you, like (but not limited to) credit cards or PayPal to collect the then-applicable subscription fee as well as any Taxes. By default, your Paid Services will be renewed for the same interval as your original subscription period, so for example, if you purchase a one-month subscription plan, you’ll be charged each month for access for another 1-month period. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services or licenses, you may have multiple renewal dates.
You’ll need to check your email (including in spam or other filters) for any informations you need about your Paid Services.
5. Cancelling Automatic Renewal.
You can cancel your Paid Services by following instructions on the order confirmation email you received or directly on the Website. If you have multiple Paid Services to cancel, repeat this process for each subscription.
If you unsubscribe from the paid services, they will remain accessible until the end of the already paid period. No refund of the remaining period between your cancellation date and the end of the already paid period will be made.
Please note that cancelation is final. If you cancel your subscription by mistake, you will have to start a new subscription.
Please note that we reserve the right to cancel subscription in our sole discretion and in our sole judgment. You will find more details about termination in the section “termination”.
6. Fees and Changes.
We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.
If you have subscribed to a Services offered for a « Pay What You Want » fee and want to change the amount of your fee, you must first cancel your subscription and start a new one.
All sales ares finals and no refund will be issued.
I. Personnal information
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.
K. General Representation and Warranty
We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:
- Will be in strict accordance with the Agreement;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of Ninja Cookie or any third party;
- Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
- Will not disclose the personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network;
- Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
- Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
- Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
L. Specific Service Terms
We offer free HTTPS on all WordPress.com websites by default, including those using custom domains, via Let’s Encrypt. By signing up and using a custom domain on WordPress.com, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your website.
2. Third-Party Services.
M. Copyright Infringement and DMCA Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please see our Digital Millennium Copyright Act (“DMCA”) Policy and send us a notice.
N. Intellectual Property
The Agreement doesn’t transfer any Ninja Cookie or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Ninja Cookie and you) solely with Ninja Cookie. Ninja Cookie and other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Ninja Cookie. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Ninja Cookie or third-party trademarks.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We will have no obligation to provide a refund of any fees previously paid.
You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.
P. Juridication and Applicable Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of France.
You agree to indemnify, defend and hold harmless Ninja Cookie and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
S. Disclaimer of Warranties ; Limiation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Ninja Cookie, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Ninja Cookie and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Ninja Cookie may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.