📜 Terms & Conditions
Portal Cloud 9 & Gradyzer
Applicable to: Portal Cloud 9 v8.0+ and all Gradyzer services
📑 Table of Contents
- Agreement to Terms
- Definitions
- License Grant & Restrictions
- Plugin Features & Functionality
- User Accounts
- Payment & Billing
- License Validation Service
- Data Ownership & Privacy
- Prohibited Uses
- Intellectual Property
- Warranties & Disclaimers
- Limitation of Liability
- Indemnification
- Updates & Modifications
- Support & Maintenance
- Termination
- Compliance & Data Protection
- Dispute Resolution
- Miscellaneous
- Contact Information
1.Agreement to Terms
Welcome to Gradyzer! These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you (the "User," "You," or "Your") and Gradyzer ("Company," "we," "our," or "us") governing your use of the Portal Cloud 9 WordPress plugin ("Plugin," "Software") and all related services, documentation, and support provided by Gradyzer.
By downloading, installing, activating, or using Portal Cloud 9 in any capacity, you explicitly acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.
⚠️ Important Notice
READ CAREFULLY: These Terms contain important provisions that affect your legal rights, including limitations on liability, dispute resolution procedures, and warranty disclaimers. If you do not agree to these Terms, you must immediately cease all use of Portal Cloud 9 and uninstall the Plugin from your WordPress installation.
2.Definitions
Throughout these Terms, the following capitalized terms shall have the meanings set forth below:
- "Plugin" or "Software" - Portal Cloud 9 WordPress plugin, including all versions, updates, patches, and associated files
- "Services" - The Plugin and all related services, including license validation, updates, support, and documentation provided by Gradyzer
- "Trial Mode" or "Free Version" - The fully functional version of the Plugin with pagination limitations (10 items per page for products, orders, and favorites)
- "Premium License" or "Pro Version" - The enhanced version activated through a paid license, providing increased pagination (15+ items per page), advanced analytics, and priority support
- "User," "You," or "Your" - Any individual, company, or legal entity that downloads, installs, or uses Portal Cloud 9
- "Content" - Any data, text, images, product information, customer data, or other materials uploaded to, created within, or processed by the Plugin
- "Site" - gradyzer.com and all associated Gradyzer domains and subdomains
- "Dashboard" - The user-facing portal interface automatically created at /user-portal/ upon Plugin activation
- "License Key" - The unique authentication credentials provided to Premium License holders for activation and validation
- "End User" - Any person who accesses or uses the Dashboard on your WordPress installation
3.License Grant & Restrictions
3.1 Trial Mode License
Subject to your compliance with these Terms, Gradyzer grants you a limited, non-exclusive, non-transferable, revocable license to install and use Portal Cloud 9 in Trial Mode on your WordPress installation. The Trial Mode license includes:
- Complete access to all core Plugin features and functionality
- Dashboard with intelligent image processing (automatic WebP conversion at 700×700px)
- Product management with dual-view system (Grid/List toggle)
- Order management and tracking for all user roles
- Product-centered messaging system with Inbox functionality
- Favourites system with guest user support
- Shopping cart with AJAX updates
- Account management with five-tab organization
- Phone Contacts analytics (administrators only)
- Dark/Light theme toggle
- Complete mobile responsiveness
- All shortcodes (, , , ❤️ 0 )
- Pagination limited to 10 items per page (products, orders, favorites)
3.2 Premium License
Upon purchasing and activating a Premium License, you receive the following additional benefits:
- Enhanced pagination with 15+ items per page (customizable)
- Unlimited pagination capability
- Advanced analytics and reporting features
- Priority support with 24-48 hour response time
- Lifetime Plugin updates for the duration of your license
- Unique License Key for activation and validation
- Access to beta features and early releases (when available)
- Custom branding options (where applicable)
- Direct developer assistance for critical issues
3.3 GPL Compliance and Code Licensing
Portal Cloud 9 is licensed under the GNU General Public License version 2.0 or later (GPL-2.0+). Under the GPL license, you have the following rights:
- Use: Run the Plugin for any purpose, commercial or non-commercial
- Study: Examine the source code to understand how the Plugin works
- Modify: Alter the Plugin's source code to suit your needs
- Distribute: Share copies of the original or modified Plugin with others
- Redistribute: Distribute modified versions under the same GPL license
📖 GPL Clarification
Important Distinction: While the Plugin code is GPL-licensed, Gradyzer's proprietary services—including license validation, premium features activation, automatic updates, and priority support—are not part of the GPL license and remain subject to these Terms of Service. Redistributing the Plugin code does not grant access to Gradyzer's validation servers or premium services.
3.4 License Restrictions and Prohibited Actions
Notwithstanding the GPL license grant, you explicitly agree NOT to:
- Remove, obscure, or alter any copyright notices, trademarks, or proprietary notices in the Plugin
- Use the Plugin for any illegal, fraudulent, or unauthorized purposes
- Share, sell, lease, or transfer your Premium License Key to third parties
- Circumvent or attempt to bypass the license validation system
- Use the Plugin to violate any local, state, national, or international law or regulation
- Interfere with or disrupt the integrity or performance of the Plugin or Services
- Access Gradyzer's validation servers through unauthorized means
- Use the Plugin to transmit any viruses, malware, or other malicious code
- Attempt to reverse engineer the license validation mechanism (separate from the Plugin code itself)
- Use the Plugin to infringe upon the intellectual property rights of others
- Create derivative works that misrepresent themselves as official Gradyzer products
4.Plugin Features & Functionality
4.1 Intelligent Image Processing
Portal Cloud 9 includes automatic image optimization technology. When you upload product images in any common format (PNG, JPEG, GIF), the Plugin automatically:
- Converts images to compressed WebP format
- Resizes images to exactly 700 pixels × 700 pixels
- Maintains a perfect 1:1 aspect ratio
- Reduces file size for optimal page loading performance
- Preserves image quality through intelligent compression
You acknowledge that original uploaded images may be modified during this process, and it is your responsibility to maintain backup copies of original files if needed.
4.2 Dashboard and User Portal
Upon activation, the Plugin automatically creates a dashboard at yoursite.com/user-portal/. This dashboard provides:
- Role-specific interfaces for administrators, sellers, and customers
- Nine main sections: Overview, Orders, Products, Add New Product, Phone Contacts, Inbox, Account, Favourites, and Cart
- Adaptive navigation based on user permissions
- Complete mobile responsiveness with touch-optimized controls
- Dark/Light theme toggle accessible from the side menu
4.3 Product-Centered Messaging
The Plugin's messaging system enables direct communication between buyers and sellers. When using the shortcode on product pages:
- Messages automatically reference the specific product being discussed
- Product context (image, name, price) is visible to both parties
- All communications are stored locally in your WordPress database
- Conversations are accessible through the Inbox section
4.4 Data Storage and Processing
Portal Cloud 9 stores all user data, product information, orders, messages, and analytics locally on your WordPress server. The Plugin does not transmit user data to external servers except for:
- License validation (Premium License holders only)
- Update checks (if using Premium License)
You are solely responsible for maintaining appropriate backups, security measures, and server infrastructure to protect this data.
5.User Accounts and Registration
5.1 Account Creation Requirements
To purchase a Premium License, you must create a Gradyzer account by providing accurate, current, and complete information including:
- Legal first and last name
- Unique username
- Valid email address
- Secure password
- Billing information (for Premium purchases)
5.2 Account Security Obligations
You are fully responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account, whether authorized or not
- Immediately notifying Gradyzer of any unauthorized access or security breach
- Ensuring all account information remains accurate and up-to-date
- Using strong passwords and implementing two-factor authentication where available
5.3 Account Suspension and Termination
Gradyzer reserves the right to suspend, disable, or terminate your account immediately without prior notice if:
- You violate any provision of these Terms
- You engage in fraudulent, abusive, or illegal activities
- Your account poses a security risk to our systems or other users
- We are legally required to do so by court order or law enforcement
- You provide false or misleading information during registration
- Your payment method fails or you dispute legitimate charges
6.Payment and Billing
6.1 Pricing and Fees
Premium License pricing is displayed on gradyzer.com at the time of purchase. All prices are listed in USD or your local currency and may be subject to change with prior notice. Pricing changes do not affect existing Premium License holders for the duration of their current license term.
6.2 Payment Processing
Payments are securely processed through third-party payment processors:
- PayPal - Global payment processing
- Stripe - Credit/debit card processing
- M-Pesa - Mobile money (Kenya and East Africa)
By making a purchase, you authorize us to charge your selected payment method. You also agree to the terms and conditions of the payment processor you choose.
6.3 Comprehensive Refund Policy
Gradyzer offers a 30-day money-back guarantee for Premium Licenses:
- Eligibility Period: Refund requests must be submitted within 30 calendar days of purchase
- Request Process: Email support@gradyzer.com with your license credentials and reason for refund
- Processing Time: Refunds are processed within 10-14 business days to your original payment method
- Conditions: Your license will be deactivated upon refund approval
- Exclusions: After 30 days, all sales are final. Custom development work is non-refundable
- Abuse Prevention: Gradyzer reserves the right to refuse refunds in cases of suspected fraud or abuse
6.4 Taxes and Additional Charges
All prices are exclusive of applicable taxes, duties, levies, or government charges. You are responsible for paying:
- Value Added Tax (VAT)
- Sales tax
- Goods and Services Tax (GST)
- Any other applicable taxes based on your location
If Gradyzer is required to collect or remit taxes on your purchase, such taxes will be added to your invoice.
6.5 Recurring Billing and Renewals
If you purchase a subscription-based Premium License:
- Your license will automatically renew unless cancelled before the renewal date
- You authorize us to charge your payment method for renewal fees
- Renewal rates are subject to change with 30 days' prior notice
- You may cancel auto-renewal at any time through your account settings
7.License Validation Service
7.1 Validation Mechanism
Premium License installations connect to Gradyzer's license validation servers every 20 minutes to:
- Verify license status (Active, Expired, Cancelled, Invalid)
- Enable or disable premium features based on license status
- Check for available plugin updates
- Synchronize license information
- Detect unauthorized license sharing
7.2 Data Transmitted During Validation
During license validation, the following data is transmitted to gradyzer.com:
- License credentials (username and password/license key)
- Site URL (domain name of your WordPress installation)
- Plugin version number
- WordPress version
- WooCommerce version
- PHP version
- Timestamp of validation request
Important: This data is transmitted over secure HTTPS connections and is used solely for license validation purposes. We do not collect or transmit any customer data, product information, or personal information of your end users during validation.
7.3 Service Availability and Uptime
While Gradyzer strives to maintain 99.9% uptime for license validation services:
- Temporary service interruptions may occur during maintenance or technical issues
- Premium features may be temporarily unavailable during validation server downtime
- No service credits or refunds are provided for temporary outages
- Critical updates and scheduled maintenance are announced in advance when possible
7.4 License Sharing Prevention
Each Premium License is authorized for use on a single WordPress installation. The validation system monitors for:
- Multiple simultaneous connections from different domains
- Frequent domain changes indicating license sharing
- Suspicious validation patterns
Detected license sharing may result in immediate license suspension without refund.
8.Data Ownership & Privacy
8.1 Your Ownership of Content
You retain complete ownership and all intellectual property rights to the Content you create, upload, or process using Portal Cloud 9, including:
- Product information, descriptions, and specifications
- Product images (both original and WebP-optimized versions)
- Customer data and personal information
- Order information and transaction records
- Messages and communications between users
- Analytics data and usage statistics
- Custom configurations and settings
8.2 Data Storage and Security Responsibilities
Portal Cloud 9 stores all data locally on your WordPress server. You are solely responsible for:
- Backups: Creating and maintaining regular backups of all data
- Security: Securing your WordPress installation, server, and database
- Infrastructure: Maintaining adequate server resources and performance
- Compliance: Ensuring compliance with applicable data protection laws
- Access Control: Managing user permissions and access rights
- Data Recovery: Implementing disaster recovery procedures
⚠️ Critical Backup Requirement
Data Loss Disclaimer: Gradyzer is not responsible for any data loss resulting from plugin malfunction, server failures, user error, or any other cause. You must maintain comprehensive backups of all critical data before installing, updating, or using Portal Cloud 9.
8.3 Prohibited Content
You may not use Portal Cloud 9 to store, transmit, or distribute:
- Illegal content or content that promotes illegal activities
- Copyrighted materials without proper authorization or license
- Malicious code, viruses, malware, or other harmful software
- Content that infringes on third-party intellectual property rights
- Spam, unsolicited communications, or phishing attempts
- Pornographic, obscene, or sexually explicit material
- Content that promotes violence, hatred, or discrimination
- Stolen goods, counterfeit products, or illegal substances
- Personal information obtained without proper consent
- Content that violates export control or sanctions laws
8.4 License to Display Content
By using Portal Cloud 9, you grant Gradyzer a limited license to:
- Display your content in support contexts (screenshots, documentation) with your permission
- Access your content when providing technical support with your explicit consent
We will not access your Content without your permission except as required by law.
9.Prohibited Uses
In addition to the content restrictions outlined above, you explicitly agree NOT to use Portal Cloud 9 for any of the following purposes:
9.1 Illegal Activities
- Violating any local, state, national, or international law or regulation
- Engaging in or facilitating money laundering, fraud, or other financial crimes
- Selling or distributing illegal goods, services, or substances
- Operating unlicensed gambling or gaming operations
- Facilitating human trafficking or exploitation
9.2 Security Violations
- Attempting to gain unauthorized access to Gradyzer's systems or servers
- Circumventing security measures or authentication mechanisms
- Conducting penetration testing without explicit written permission
- Distributing tools designed to compromise security
- Scanning or probing our infrastructure for vulnerabilities
9.3 Service Abuse
- Interfering with or disrupting the Plugin, Services, or validation servers
- Imposing unreasonable loads on our infrastructure
- Using automated systems to access Services without authorization
- Reverse engineering the license validation mechanism
- Sharing Premium License credentials with unauthorized parties
9.4 User Harm
- Harassing, threatening, stalking, or intimidating other users
- Collecting user data without proper consent and disclosure
- Creating fake accounts or impersonating others
- Engaging in fraudulent transactions or chargebacks
10.Intellectual Property Rights
10.1 Gradyzer's Intellectual Property
Portal Cloud 9, including its code, design, user interface, documentation, and related materials, is owned by Gradyzer and protected by:
- Copyright laws (national and international)
- Trademark laws
- Trade secret laws
- Other intellectual property laws and treaties
10.2 GPL License Grant
The Plugin code is licensed under GPL-2.0 or later. Under this license, you may:
- Freedom 0: Run the program for any purpose
- Freedom 1: Study how the program works and modify it
- Freedom 2: Redistribute copies to help others
- Freedom 3: Distribute modified versions
Full GPL license text available at: https://www.gnu.org/licenses/gpl-2.0.html
10.3 Trademarks and Branding
The following are registered or common law trademarks of Gradyzer:
- "Portal Cloud 9"
- "Gradyzer"
- Gradyzer logos and brand assets
- Portal Cloud 9 logos and visual identity
You may not use these trademarks without express written permission from Gradyzer, except as necessary to identify the Plugin in compliance with GPL requirements.
10.4 Third-Party Open Source Components
Portal Cloud 9 incorporates the following third-party open source components:
- Font Awesome: Licensed under SIL OFL 1.1 (icons) and MIT License (code)
- All third-party components retain their original licenses
- Attribution and license information included in Plugin files
11.Warranties and Disclaimers
11.1 "AS IS" and "AS AVAILABLE" Provision
PORTAL CLOUD 9 IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability
- Fitness for a particular purpose
- Non-infringement of third-party rights
- Title or quiet enjoyment
- Accuracy, reliability, or correctness of results
- Uninterrupted, timely, secure, or error-free operation
- Compatibility with all themes, plugins, or systems
11.2 No Guarantee of Results
Gradyzer does not guarantee that:
- The Plugin will meet your specific requirements or expectations
- The Plugin will be compatible with your WordPress theme or other plugins
- All errors, bugs, or defects will be corrected
- The Services will be available at all times without interruption
- The Plugin will function correctly after updates to WordPress, PHP, or WooCommerce
- Use of the Plugin will result in any particular business outcomes
11.3 Your Testing Responsibility
You acknowledge and agree that you are responsible for:
- Testing the Plugin thoroughly in a staging environment before production use
- Verifying compatibility with your specific WordPress configuration
- Maintaining comprehensive backups before installation or updates
- Monitoring Plugin performance and functionality
- Implementing appropriate security measures
🚨 Critical Disclaimer
BACKUP REQUIREMENT: Always maintain current backups of your entire WordPress installation, database, and all files before installing or updating any plugin, including Portal Cloud 9. Plugin malfunction, conflicts, or updates can potentially cause data loss or site downtime. YOU ASSUME ALL RISK.
12.Limitation of Liability
12.1 Maximum Aggregate Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRADYZER'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO PORTAL CLOUD 9 OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:
- The amount you actually paid to Gradyzer for your Premium License in the 12 months preceding the claim, OR
- One hundred United States dollars ($100 USD) if using Trial Mode
12.2 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GRADYZER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, or business opportunities
- Loss of data, information, or Content
- Business interruption or downtime
- Loss of goodwill or reputation
- Cost of substitute goods or services
- Any other pecuniary or economic loss
- Personal injury or property damage
THESE LIMITATIONS APPLY EVEN IF GRADYZER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).
12.3 Essential Purpose and Allocation of Risk
You acknowledge that these limitations of liability reflect an informed, voluntary allocation of risk between the parties and form an essential basis of the bargain between you and Gradyzer. Gradyzer would not provide the Plugin or Services without these limitations.
12.4 Jurisdiction-Specific Limitations
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.
13.Indemnification
You agree to indemnify, defend, and hold harmless Gradyzer, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising from or relating to:
- Your use or misuse of Portal Cloud 9
- Your violation of these Terms
- Your violation of any applicable laws or regulations
- Your infringement of any third-party rights (including intellectual property, privacy, or publicity rights)
- Your Content or data uploaded to or processed by the Plugin
- Any actions taken by End Users of your Dashboard
- Your failure to maintain adequate backups or security measures
Gradyzer reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.
14.Updates and Modifications
14.1 Plugin Updates
Gradyzer may release updates, patches, bug fixes, or new versions of Portal Cloud 9 at any time:
- Premium License holders: Receive automatic update notifications and can update directly through WordPress
- Trial Mode users: Can update manually through WordPress.org repository
- Updates may include new features, security patches, bug fixes, or compatibility improvements
- You are responsible for reviewing update notes before applying updates
- Always backup your site before applying updates
14.2 Terms of Service Modifications
Gradyzer reserves the right to modify, amend, or update these Terms at any time. Material changes will be communicated through:
- Updated "Last Updated" date on this page
- Email notification to registered Premium License holders
- Notice in WordPress admin panel for active installations
- Announcement on gradyzer.com
14.3 Acceptance of Updated Terms
Your continued use of Portal Cloud 9 after Terms modifications constitutes acceptance of the updated Terms. If you do not agree to updated Terms:
- You must immediately cease using the Plugin
- Uninstall Portal Cloud 9 from your WordPress installation
- Contact support@gradyzer.com to cancel your Premium License (if applicable)
15.Support and Maintenance
15.1 Support Channels
Technical support is available through:
- Email: support@gradyzer.com
- Documentation: gradyzer.com/docs (comprehensive guides and tutorials)
- Support Portal: gradyzer.com/support (ticket system and knowledge base)
15.2 Support Response Times
| License Type | Target Response Time | Queue Priority |
|---|---|---|
| Trial Mode (Free) | 24-72 hours | Standard |
| Premium License (Active) | 24-48 hours | Priority |
| Expired/Inactive License | 72+ hours | Low |
Note: Response times are targets, not guarantees. Actual response times may vary based on support volume, complexity, and time zones.
15.3 Support Scope - What's Included
- Installation and configuration guidance
- Bug identification and troubleshooting
- Feature explanation and usage guidance
- Compatibility issue diagnosis
- License activation and validation support
- Update and upgrade assistance
15.4 Support Scope - What's NOT Included
- Custom development or code modifications
- Third-party plugin or theme conflicts (unless directly related to Portal Cloud 9)
- Server configuration, hosting, or infrastructure issues
- WordPress core functionality or WooCommerce issues
- Website design or customization services
- Data migration or import services
- Training or consulting services (unless separately purchased)
16.Termination
16.1 Termination by You
You may terminate your use of Portal Cloud 9 at any time by:
- Deactivating the Plugin through WordPress admin
- Deleting all Plugin files from your server
- Requesting account deletion via support@gradyzer.com
- Cancelling your Premium License subscription (if applicable)
16.2 Termination by Gradyzer
Gradyzer may suspend or terminate your access to Services immediately without notice if:
- You materially breach these Terms
- You engage in fraudulent, illegal, or abusive activities
- Your account or usage poses a security risk to our systems or other users
- We are required to terminate access by law or court order
- You attempt to circumvent license validation or share Premium credentials
- Your payment method fails or chargebacks are initiated
16.3 Effects of Termination
Upon termination of your account or Premium License:
- Your right to use Premium features immediately ceases
- Access to license validation servers is revoked
- You may continue using Trial Mode (unless specifically prohibited)
- All locally stored data remains on your server (you retain ownership)
- Sections of these Terms that by their nature should survive termination will remain in effect
16.4 Surviving Provisions
The following sections survive termination:
- Data Ownership (Section 8)
- Intellectual Property (Section 10)
- Warranties and Disclaimers (Section 11)
- Limitation of Liability (Section 12)
- Indemnification (Section 13)
- Dispute Resolution (Section 18)
17.Compliance & Data Protection
17.1 GDPR Compliance
If you process personal data of individuals in the European Union using Portal Cloud 9, you must comply with the General Data Protection Regulation (GDPR). Your responsibilities include:
- Obtaining proper consent before collecting personal data
- Implementing appropriate technical and organizational security measures
- Providing data subjects with access, rectification, and deletion rights
- Maintaining records of processing activities
- Reporting data breaches within 72 hours
- Appointing a Data Protection Officer if required
17.2 Data Processing Agreement
For GDPR purposes:
- You are the Data Controller: You determine purposes and means of personal data processing
- Gradyzer is NOT a Data Processor: All data is stored locally on your server; Gradyzer does not process your users' personal data
- Exception: License validation data (your site URL and credentials) is processed by Gradyzer as necessary for providing Services
17.3 Other Data Protection Laws
You must also comply with applicable data protection laws in your jurisdiction, including but not limited to:
- CCPA: California Consumer Privacy Act (United States)
- PIPEDA: Personal Information Protection and Electronic Documents Act (Canada)
- DPA: Data Protection Act (United Kingdom, Kenya, and other countries)
- Any other applicable privacy or data protection legislation
17.4 Export Compliance
You agree to comply with all applicable export and import control laws and regulations, including:
- U.S. Export Administration Regulations (EAR)
- International Traffic in Arms Regulations (ITAR)
- Sanctions programs administered by OFAC
You represent that you are not located in, and will not use the Plugin in, any country subject to comprehensive sanctions.
18.Dispute Resolution
18.1 Informal Dispute Resolution
Before initiating formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting support@gradyzer.com with:
- Detailed description of the dispute
- Your desired resolution
- Any supporting documentation
Gradyzer will respond within 14 business days to attempt good-faith resolution.
18.2 Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
18.3 Jurisdiction and Venue
You agree that any legal action or proceeding arising from or related to these Terms or your use of Portal Cloud 9 shall be brought exclusively in the courts located in Nairobi, Kenya. You irrevocably consent to the jurisdiction of such courts and waive any objection to venue.
18.4 Arbitration (for Claims Exceeding $10,000 USD)
For disputes exceeding ten thousand United States dollars ($10,000 USD):
- Both parties agree to binding arbitration under the Arbitration Act of Kenya
- Arbitration shall be conducted in Nairobi, Kenya
- Arbitration shall be conducted in English
- Each party shall bear its own costs and fees
- The arbitrator's decision shall be final and binding
- Judgment on the award may be entered in any court of competent jurisdiction
18.5 Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND GRADYZER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
19.Miscellaneous Provisions
19.1 Entire Agreement
These Terms, together with our Privacy Policy (available at gradyzer.com/privacy-policy), constitute the entire agreement between you and Gradyzer regarding Portal Cloud 9 and supersede all prior or contemporaneous understandings and agreements, whether written or oral.
19.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
19.3 No Waiver
Gradyzer's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Gradyzer.
19.4 Assignment
You may not assign, transfer, or delegate these Terms or your rights and obligations without Gradyzer's prior written consent. Any attempted assignment in violation of this section is void. Gradyzer may freely assign these Terms without restriction.
19.5 Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including:
- Acts of God (earthquakes, floods, fires)
- War, terrorism, or civil unrest
- Government actions or regulations
- Labor disputes or strikes
- Internet or telecommunications failures
- Power outages or infrastructure failures
- Pandemics or epidemics
19.6 Relationship of Parties
These Terms do not create any partnership, joint venture, employment, or agency relationship between you and Gradyzer. You have no authority to bind Gradyzer or make commitments on its behalf.
19.7 Third-Party Beneficiaries
These Terms are for the benefit of you and Gradyzer only. There are no third-party beneficiaries. No other person or entity shall have any rights under these Terms.
19.8 Language
These Terms are prepared and executed in English. If translated into other languages, the English version shall prevail in case of any conflict or inconsistency.
19.9 Headings
Section headings in these Terms are for convenience only and shall not affect their interpretation.
19.10 Notices
All notices to Gradyzer must be sent to:
Gradyzer Legal Department
Email: support@gradyzer.com
Website: gradyzer.com
Gradyzer may provide notices to you via email, WordPress admin panel notifications, or by posting on gradyzer.com.
20.Contact Information
For questions, concerns, or notices regarding these Terms of Service, please contact:
Gradyzer
Legal & Support Team
Email: support@gradyzer.com
Website: gradyzer.com
Documentation: gradyzer.com/docs
Support Portal: gradyzer.com/support
Support Hours: Monday - Friday, 9:00 AM - 5:00 PM EAT (East Africa Time)
Response Time: 24-72 hours (24-48 hours for Premium License holders)
✅ Acknowledgment and Acceptance
By downloading, installing, activating, or using Portal Cloud 9 in any manner, you expressly acknowledge that:
- You have carefully read and fully understand these Terms of Service
- You have had adequate opportunity to review these Terms with legal counsel if desired
- You agree to be legally bound by all provisions contained herein
- You understand the limitations of liability and warranty disclaimers
- You accept all risks associated with using the Plugin
If you do not agree to these Terms in their entirety, you must not download, install, or use Portal Cloud 9.
📋 Terms Summary (Quick Reference)
This summary is provided for convenience only and does not replace the full Terms above.
- License: GPL-2.0+ for code; services subject to these Terms
- Trial Mode: Fully functional with 10 items per page pagination
- Premium: 15+ items/page, priority support, advanced analytics
- Refund Policy: 30-day money-back guarantee for Premium Licenses
- Data Ownership: You own all your data; stored locally on your server
- Support: 24-72 hours (free), 24-48 hours (premium)
- Liability: Limited to amount paid or $100 USD; no consequential damages
- "AS IS" Warranty: No guarantees; use at your own risk; backup required
- Termination: Either party may terminate; some provisions survive
- Governing Law: Kenya; disputes resolved in Nairobi courts
- Changes: Terms may be updated; continued use constitutes acceptance
- Contact: support@gradyzer.com for all inquiries