Legal

Terms of Service – Plugin Supercharger

Last updated: 09/27/2025

1) Scope and Parties

These Terms of Service (“Terms”) govern the purchase, download, activation, and use of the Plugin Supercharger software (the “Plugin”) provided by JORIS CLERY EI, registered in France under number 844 893 123 00019, with registered office at 67 rue Jean de Cambiaire, 97480, Saint-Joseph, Réunion, France (“we”, “us”, “our”). By ordering, downloading, activating, or using the Plugin, you agree to these Terms.

If you are acting on behalf of a company, you represent that you have authority to bind that company. These Terms do not derogate from mandatory consumer protection rules where applicable.

2) Digital Product; Delivery

The Plugin is digital content not supplied on a tangible medium. Delivery occurs by download and/or provision of a license key after successful payment.

3) License Grant and IP Ownership

We retain all intellectual property rights in the Plugin. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use one copy of the Plugin on the number of sites permitted by your license. You may not resell, sublicense, rent, reverse-engineer, decompile or modify the Plugin except as permitted by mandatory law.

4) Prices, Taxes, Invoices

Prices are shown VAT-exclusive unless stated otherwise. You are responsible for applicable taxes. We may update prices for future purchases at any time.

5) Final Sales; Refunds

All sales are final. However, we may, at our sole discretion, consider a goodwill refund request (e.g., duplicate orders, accidental purchase). Discretionary refunds do not create any right for future cases.

6) Consumer Right of Withdrawal (EU/France)

If you are a consumer with habitual residence in the EU/France purchasing at a distance, you generally benefit from a 14-day withdrawal period starting from the conclusion of the contract.

Exception for digital content: If, at checkout, you request immediate download/activation and acknowledge that you lose your right of withdrawal, the withdrawal right does not apply to the Plugin. If you do not provide this express consent and acknowledgment, you retain the 14-day withdrawal right. Return/withdrawal instructions (if applicable) are provided on your order confirmation.

Consumer statutory rights (including the legal guarantee of conformity for digital content/services) apply and are not affected by these Terms.

7) Support and Updates

During your active license term, we may provide updates and reasonable support related to the Plugin. We do not guarantee that updates will include particular features or that support will be available for obsolete WordPress/PHP versions or conflicting third-party code.

8) System Requirements and Backups

You are responsible for maintaining compatible hosting, WordPress/PHP versions, and for performing full backups before installing, updating, activating, or configuring the Plugin. You acknowledge that performance-optimization actions can disable other plugins or modify configurations.

9) Measurements and Telemetry

Where explicitly consented by you in the admin interface, we may perform one-time page-load measurements and send aggregated metrics to our service to improve product performance. No measurements are taken without your explicit consent, and we do not store permanent personal data for this purpose beyond what is necessary to provide the feature and comply with law. See our Privacy Policy for details.

10) Warranty Disclaimer (Consumers’ Mandatory Rights Preserved)

To the maximum extent permitted by law, the Plugin is provided “as is” and “as available”. We do not warrant uninterrupted or error-free operation, compatibility with every environment, or a particular performance outcome. Nothing in these Terms limits your mandatory consumer rights, including the legal guarantee of conformity for digital content/services.

11) Limitation of Liability

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or in connection with the Plugin or these Terms is limited to the amount actually paid by you for the license during the twelve (12) months preceding the event giving rise to liability.

We are not liable for: loss of profits; loss of revenue; loss of data; business interruption; loss of goodwill; indirect or consequential damages; or damages resulting from lack of backups, use with incompatible environments, or third-party code conflicts. We do not exclude liability for our willful misconduct (dol), gross negligence (faute lourde), or any liability which cannot be excluded under mandatory law.

12) Indemnification (Professionals)

If you are a professional/merchant, you agree to indemnify and hold us harmless from claims arising from your unlawful use of the Plugin, breach of these Terms, or violation of third-party rights.

13) Term and Termination

We may suspend or terminate your license if you materially breach these Terms and fail to cure within a reasonable period after notice. Upon termination, your license ends and you must stop using the Plugin. Sections that, by nature, survive termination shall do so (e.g., IP, liability, governing law).

14) Governing Law; Jurisdiction

These Terms and any dispute arising out of them are governed by French law (excluding its conflict-of-laws rules).

  • Professionals/merchants: exclusive jurisdiction lies with the Commercial Court of Saint-Pierre (Réunion), France.
  • Consumers: you may bring proceedings before the courts of your place of residence as required by mandatory consumer-protection jurisdiction rules. We also draw your attention to the EU Online Dispute Resolution (ODR) platform: ec.europa.eu/consumers/odr.

15) Changes to the Terms

We may update these Terms for future transactions (or for ongoing services with prior notice where required). The version effective at the time of your order applies to that order unless mandatory law requires otherwise.

16) Miscellaneous

If any provision is held invalid or unenforceable, the remaining provisions remain in full force. Failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign to an affiliate or in connection with a reorganization or sale.

17) Contact

JORIS CLERY EI67 rue Jean de Cambiaire, Saint-Joseph, Réunion, France
RCS/SIREN: 844 893 123 00019
Email: contact@pluginsupercharger.com

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