Terms of Service, License & Privacy Policy

This Software Terms of Service and License Agreement (“Agreement”) is a legally binding contract between Pimwick, LLC (“Pimwick,” “we,” “us,” or “our”) and you (“Customer,” “you,” or “your”). This Agreement governs your access to and use of Pimwick’s software products, plugins, services, websites, and related materials (collectively, the “Software”).

BY PURCHASING, INSTALLING, ACCESSING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND THE PRIVACY POLICY SET FORTH BELOW. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE.

1. License Grant

Subject to your compliance with this Agreement and payment of applicable fees, Pimwick grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software solely for your internal business or personal purposes.

  • No copying, modification, or derivative works
  • No resale, sublicensing, or distribution
  • No reverse engineering or decompiling
  • No removal of proprietary notices
  • No unlawful use

2. Ownership

The Software is licensed, not sold. Pimwick retains all right, title, and interest in the Software, including all intellectual property rights.

3. Updates & Availability

Pimwick may provide updates, enhancements, or bug fixes at its discretion. Pimwick does not guarantee continuous availability, error-free operation, backward compatibility, or that updates will not change or remove features.

4. Customer Responsibilities

  • Maintain current data backups
  • Test the Software prior to production use
  • Properly configure hosting, WordPress, and third-party services
  • Comply with all applicable laws

5. Third-Party Services

The Software may integrate with third-party platforms including WordPress, WooCommerce, payment processors, and hosting providers. Pimwick is not responsible for third-party outages, changes, errors, or compatibility issues.

6. Disclaimers

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

Pimwick disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and error-free operation.

Pimwick does not warrant that the Software will be bug-free, prevent data loss, meet business requirements, or that errors will be corrected.

7. Limitation of Liability

To the maximum extent permitted by law, Pimwick shall not be liable for any indirect, incidental, consequential, special, or exemplary damages including loss of profits, data, revenue, business interruption, or reputational harm, even if advised of the possibility of such damages.

Pimwick’s total aggregate liability arising out of or related to the Software shall not exceed the amount paid by you to Pimwick for the Software in the twelve (12) months preceding the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless Pimwick and its members, officers, employees, and contractors from any claims, damages, liabilities, losses, and expenses, including reasonable attorneys’ fees, arising from your use or misuse of the Software, violation of this Agreement, or violation of applicable laws.

9. Termination

This Agreement remains in effect until terminated. Pimwick may terminate this Agreement immediately upon breach. Upon termination, you must cease all use of the Software and destroy all copies in your possession.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to conflict of law principles.

11. Privacy Policy

Your privacy is important to us.

Pimwick, LLC respects your privacy regarding any information we may collect while operating our website and Software. This Privacy Policy explains how we collect, use, communicate, disclose, and protect personal information.

Information Collection

  • Personal information is collected by lawful and fair means
  • Purposes for collection are identified before or at the time of collection
  • Information may be collected through purchases, accounts, contact forms, or Software usage

Use of Information

  • To provide, maintain, and improve our Software and services
  • To process transactions and provide customer support
  • To comply with legal obligations

Data Accuracy & Retention

Personal information is maintained in an accurate, complete, and up-to-date form where required and retained only as long as necessary to fulfill its intended purposes.

Security

We protect personal information using reasonable administrative, technical, and physical safeguards against loss, theft, unauthorized access, disclosure, copying, use, or modification.

Disclosure

We do not sell personal information. We may disclose information to trusted service providers or when required by law.

Policy Changes

Pimwick may update this Privacy Policy at any time. Continued use of the Software constitutes acceptance of the updated policy.

Pimwick, LLC
Lexington, Kentucky

Last Updated:December 15, 2025

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