Terms of Service

Last Updated: May 01, 2025

Welcome to PROWIND. These Terms of Service ("Terms") govern your use of the PROWIND WordPress plugin, including all related software, services, and websites (collectively, the "Service"). The Service is provided by Influe sp. z o.o. (details below). By purchasing, downloading, installing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Service Provider

The Service is provided by Influe sp. z o.o., with its registered office at ul. Poziomkowa 25, 08-110 Siedlce, Poland, NIP: 8212668824. Throughout these Terms, "PROWIND", "we", "us", and "our" refer to Influe sp. z o.o.

2. License and Subscription

PROWIND operates on a subscription model. A valid, active subscription grants you a non-exclusive, non-transferable license to use the Service on the number of websites specified by your plan. Your subscription provides access to all premium features (including the PROWIND Editor and AI tools), technical support, and plugin updates. You may cancel your subscription at any time via the customer portal. Upon cancellation or expiration, your subscription will remain active until the end of the current billing period. After this period, premium features will be disabled, and you will no longer receive updates or support.

3. Money Back Guarantee

We stand behind our product. All payments, including initial purchases and subscription renewals, are covered by our 60-day money-back guarantee. If you are not satisfied with the Service for any reason, you may request a full refund within 60 days of the payment date by contacting our support team. We will process your refund promptly. This guarantee does not apply to purchases made through third-party marketplaces unless specified otherwise.

4. Software Licensing

The PHP code within the PROWIND plugin is licensed under the GNU General Public License (GPL) version 2.0 or later. Other compiled parts of the software, including but not limited to JavaScript, CSS, icons, and fonts, are licensed under their respective proprietary or open-source licenses. Please refer to the license files included within the software package for complete details.

5. Use of Artificial Intelligence (AI) Features

The Service integrates with third-party AI models (e.g., OpenAI) to provide code generation and assistance. Your use of these AI features is subject to the following conditions:

• Third-Party Account: To use the AI features, you must provide your own API key from a supported third-party AI provider (e.g., OpenAI). You are solely responsible for creating, maintaining, and securing this account.
• API Costs: You are solely responsible for all costs, fees, and usage charges incurred through your API key as billed by the third-party provider. PROWIND is not liable for any charges related to your AI usage.
• Third-Party Terms: Your use of the AI provider's service is governed by their respective terms of service and privacy policies.
• No Guarantees on AI Output: AI-generated code, text, or other content is provided "as is." We make no warranties regarding its accuracy, functionality, security, performance, or freedom from errors or infringement of intellectual property rights. You are solely responsible for reviewing, testing, and validating all AI-generated output before using it in a production environment.

6. NO WARRANTY

To the fullest extent permitted by law, we expressly disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service (including its Templates, Components, Assets Manager, Editor, or AI features) will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that the Service will meet your specific requirements, be compatible with any other software, plugins, or hosting environments, or that any defects or errors will be corrected. You acknowledge that software and online services are inherently complex and may not be free from risk.

7. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall PROWIND (Influe sp. z o.o.), its developers, affiliates, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages whatsoever.

This includes, but is not limited to, damages for loss of profits, loss of data, business interruption, cost of procurement of substitute goods or services, or any other commercial damages or losses, arising out of or related to your use or inability to use the Service, even if we have been advised of the possibility of such damages. This limitation applies regardless of the theory of liability, whether based on contract, tort (including negligence), strict liability, or otherwise. Our total liability to you for all damages shall not exceed the amount you paid for the Service in the twelve (12) months preceding the event giving rise to the claim.

8. Sole and Exclusive Remedy

Your sole and exclusive remedy for any dissatisfaction, issues, or claims related to the Service is to stop using the Service and, if applicable, request a refund under our Money Back Guarantee. No other remedy, claim, or demand shall be recognized.

9. Technical Support

While we aim to provide high-quality technical support to customers with active subscriptions, we make no guarantees regarding the response time, availability, or outcome of support requests. Support is provided at our sole discretion and is limited to the functionality of the PROWIND plugin itself. Support does not cover general WordPress usage, custom code implementation or debugging (including AI-generated code), or conflicts with third-party plugins or themes.

10. Indemnification

You agree to indemnify, defend, and hold harmless PROWIND (Influe sp. z o.o.) and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising from or in any way connected with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property right; or (d) any content, code, or data you create, submit, or transmit through the Service.

11. Trademark Policy

The name "PROWIND" and the PROWIND logo are trademarks of the Service provider. Do not use "PROWIND" in top-level domain names or as the primary part of your product or service name. We strongly discourage the use of "pro" or "wind" in ways that imply an official association with our brand. We encourage you to be creative and unique.

12. Blank Theme Provision

Upon activation, the PROWIND plugin may create and activate a minimal blank theme (e.g., prowind-blank-theme) to provide a conflict-free development environment. While the plugin attempts to safely store and restore your previously active theme upon deactivation, you acknowledge that you are solely responsible for backing up your website and theme files. We are not liable for any issues arising from theme switching or modification.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, which may be delivered via email or a notice on our website. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Poland. You agree that any legal action, dispute, or proceeding arising out of or related to these Terms shall be brought exclusively in the competent court with jurisdiction over the registered office of the Service Provider (Influe sp. z o.o.) in Siedlce, Poland.

15. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and PROWIND regarding the Service and supersede all prior agreements.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: No failure or delay by us in exercising any right under these Terms shall constitute a waiver of that right.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16. Contact Us

If you have any questions about these Terms of Service, please contact us at support@prowind.pro.