Terms of Use & Disclaimer

Lista Recurring Events WordPress Plugin

Effective Date: January 2025

This Agreement is between you (the “Licensee”, “you”, or “your”) and Gerson Studios Pty Ltd ATF G & C Family Trust T/as ListaPage (ABN: 33 922 540 407) (“ListaPage”, “we”, “us”, or “our”), the developer and owner of the Lista Recurring Events WordPress plugin (the “Plugin” or “Software”).

By purchasing, downloading, installing, or using the Plugin, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and Disclaimer. If you do not agree to these terms, do not purchase, download, install, or use the Plugin.

1. License Grant

Subject to your compliance with these Terms, ListaPage grants you a limited, non-exclusive, non-transferable, revocable license to:

  1. Install and use the Plugin on the number of WordPress websites specified in your purchased license tier;
  2. Receive updates and bug fixes for the duration of your active license subscription;
  3. Access technical support in accordance with the support terms applicable to your license tier.

This license is granted solely for your personal or internal business use. The Plugin remains the exclusive property of ListaPage at all times.

2. Prohibited Uses & Resale Restrictions

RESALE AND REDISTRIBUTION IS STRICTLY PROHIBITED. You may NOT:

  1. Resell, sublicense, lease, rent, or otherwise redistribute the Plugin to any third party;
  2. Share, distribute, or make available your license key or Plugin files to any person or entity not covered by your license;
  3. Include the Plugin as part of a theme, plugin bundle, or any other product offered for sale or free distribution;
  4. Upload the Plugin to any public repository, file-sharing service, or download site;
  5. Modify, decompile, reverse engineer, or create derivative works based on the Plugin for the purpose of redistribution;
  6. Remove, alter, or obscure any proprietary notices, labels, or branding contained within the Plugin;
  7. Use the Plugin in any manner that violates applicable laws or regulations.

⚠️ WARNING: Any Licensee found to be reselling, redistributing, or sharing the Plugin or license keys in violation of these Terms will have their license immediately and permanently revoked without refund. ListaPage reserves the right to pursue all available legal remedies, including claims for damages, injunctive relief, and recovery of legal costs.

3. Intellectual Property Rights

The Plugin, including but not limited to all source code, object code, documentation, graphics, user interfaces, and design elements, is the exclusive intellectual property of ListaPage and is protected by copyright, trademark, and other intellectual property laws. Your purchase grants you a license to use the Plugin; it does not transfer any ownership rights to you.

4. Disclaimer of Warranties

THE PLUGIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the maximum extent permitted by applicable law, ListaPage expressly disclaims all warranties, including but not limited to:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
  • Any warranty that the Plugin will be uninterrupted, error-free, secure, or free of viruses or other harmful components;
  • Any warranty regarding the accuracy, reliability, or completeness of any information or content provided through the Plugin;
  • Any warranty that the Plugin will meet your specific requirements or expectations.

WordPress is a complex ecosystem with thousands of themes, plugins, and hosting configurations. We cannot guarantee compatibility with every possible combination. You acknowledge that software inherently contains bugs and that the Plugin may not function perfectly in all environments.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LISTAPAGE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

  1. Any indirect, incidental, special, consequential, punitive, or exemplary damages;
  2. Loss of profits, revenue, data, goodwill, or business opportunities;
  3. Business interruption or loss of use;
  4. Cost of procurement of substitute goods or services;
  5. Any damages arising from your use or inability to use the Plugin, even if ListaPage has been advised of the possibility of such damages.

IN ANY EVENT, LISTAPAGE’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLUGIN SHALL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR LICENSE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

6. Indemnification

You agree to indemnify, defend, and hold harmless ListaPage, its directors, officers, employees, agents, licensors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

  1. Your use or misuse of the Plugin;
  2. Your breach of these Terms;
  3. Your violation of any applicable law, regulation, or third-party rights;
  4. Any content, data, or materials you process, store, or transmit using the Plugin;
  5. Any claim by a third party related to your website(s) on which the Plugin is installed;
  6. Any unauthorized sharing, resale, or redistribution of the Plugin or your license.

7. WordPress Environment & Third-Party Compatibility

The Plugin is designed to work within the WordPress ecosystem. You acknowledge and agree that:

  • ListaPage is not affiliated with or endorsed by WordPress, Automattic, or any third-party theme or plugin developer;
  • Compatibility with third-party themes, plugins, page builders (including but not limited to Bricks Builder, Elementor, and others), or hosting environments is not guaranteed;
  • Updates to WordPress core, PHP, or third-party software may affect Plugin functionality, and ListaPage is not liable for any resulting issues;
  • You are responsible for maintaining backups of your website and data before installing or updating the Plugin.

8. License Termination

Your license may be terminated under the following circumstances:

  1. Automatic Expiration: If you do not renew your subscription, your license will expire at the end of the current billing period. You may continue to use the last installed version but will not receive updates or support.
  2. Voluntary Termination: You may cancel your subscription at any time through your account dashboard.
  3. Termination for Breach: ListaPage reserves the right to immediately terminate your license without notice or refund if you breach any provision of these Terms, including but not limited to the prohibited uses outlined in Section 2.

Upon termination, you must cease all use of the Plugin and delete all copies from your systems and websites.

9. Refund Policy

Due to the digital nature of the Plugin, all sales are final. However, if you experience a genuine technical issue that prevents the Plugin from functioning and we are unable to resolve it within a reasonable timeframe, you may request a refund within fourteen (14) days of purchase by contacting our support team. Refunds are granted at our sole discretion. No refunds will be issued for licenses terminated due to breach of these Terms.

10. Support & Updates

During your active subscription period, you are entitled to:

  • Access to Plugin updates, including bug fixes, security patches, and new features;
  • Email-based technical support for issues directly related to the Plugin’s functionality.

Support does not include assistance with third-party software, custom development, website configuration, or issues arising from modifications you have made to the Plugin. We reserve the right to limit support to a reasonable number of requests per license.

11. Data & Privacy

The Plugin may collect limited, non-personal data for license validation and update delivery purposes. We do not collect, store, or process any personal data from your website visitors through the Plugin. Your use of the Plugin is also governed by our Privacy Policy, available on our website.

12. Modifications to Terms

ListaPage reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and, where possible, by email. Your continued use of the Plugin after such modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Plugin.

13. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Western Australia, Australia, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Western Australia. Before initiating any legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms agreed to at the time of purchase, constitute the entire agreement between you and ListaPage regarding the Plugin and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Gerson Studios Pty Ltd ATF G & C Family Trust T/as ListaPage
ABN: 33 922 540 407
Website: https://listapage.au
Email: support@listapage.au

BY PURCHASING, DOWNLOADING, INSTALLING, OR USING THE PLUGIN, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND DISCLAIMER.