Terms and Conditions
As with everything these days, there are some legal terms you must adhere to when using Gravity Forms.
The Agreement
This is a legal agreement between the person or organization (“Customer,” “Buyer” or “you”) agreeing to these Terms and Conditions (“Terms”) and Rocketgenius, Inc. (“Seller,” “us,” or “we”). By accepting these Terms, making a purchase, or using any Products and Support provided by us, you represent that you are of legal age and have the authority to bind the Customer to the order, these Terms, and any exhibits or documents referenced herein, which are part of these Terms as if set forth herein.
Rocketgenius, Inc. hereby grants you a non-exclusive, limited license to use the Gravity Forms plugin (the “Software License”) along with the newly introduced Gravity SMTP plugin, and other associated add-on products developed by Rocketgenius, Inc. These add-ons are specifically designed to operate in conjunction with the Gravity Forms plugin (available at https://www.gravityforms.com). Collectively, these are referred to as the “Products”. This license is granted in accordance with the Terms and Conditions outlined herein.
The inclusion of Gravity SMTP is a new standalone product available exclusively for holders of an Elite License of Gravity Forms at this time.
1. Plugin Licensing
Gravity Forms and the Software License are licensed under and subject to the terms set forth in GNU general public license (http://www.gnu.org/licenses/gpl-3.0.txt).
2. Gravity Forms License
Your initial purchase of Gravity Forms includes a twelve-month subscription for Updates and Support (“Initial Subscription”), including access to the new core Gravity SMTP plugin for Elite license holders. At the end of the Initial Subscription, the subscription for Updates, Support, and the core Gravity SMTP product will be auto-renewed for successive twelve-month periods (each a “Renewal Subscription” and, together with the Initial Subscription, the “Gravity Forms License”) unless prior to the renewal date: (i) you cancel your Gravity Forms License by disabling auto-renewal; (ii) you transfer your Gravity Forms License pursuant to Section 9; (iii) your payment cannot be successfully processed; (iv) your payment is subject to a chargeback or other fraud process; (v) you request a refund pursuant to Section 7; or (vi) Rocketgenius, Inc. cancels or suspends your Gravity Forms License or the Software License.
The Gravity Forms License, including the core Gravity SMTP product as applicable, is provided at the level purchased and in accordance with the descriptions for the purchased Gravity Forms License level set forth at https://docs.gravityforms.com/gravity-forms-license-types/, which may be amended from time to time in Rocketgenius, Inc.’s sole discretion. Downgrades from one Gravity Forms License type to another are prohibited. Upgrades from one type of Gravity Forms License type to another are permitted and are covered in more depth here. However, upgrades to a Nonprofit License are prohibited (while upgrading from a Nonprofit License to an Elite license is permitted), this is covered in more depth here. Upgrades take effect immediately and extend the then-current Gravity Forms License for twelve months from the date of the upgrade. You may upgrade your Gravity Forms License by paying a prorated amount of the price of the upgraded Gravity Forms License based upon the remaining number of days of the Gravity Forms License on the day immediately prior to the upgrade. Prorated credit is only available for Gravity Forms Licenses under an active Initial or Renewal Subscription, and is not available for canceled or transferred Gravity Forms Licenses.
Discounts do not transfer upon upgrade. Any coupon or discount that you are using at the time you upgrade will be forfeited upon completing the upgrade process, and they cannot be claimed as a credit or refund in the future.
Applying the Gravity Forms License, including for the use of the core Gravity SMTP plugin, to more than the maximum number of sites permitted in accordance with the Gravity Forms License level purchased, as set forth at https://docs.gravityforms.com/gravity-forms-license-types/, is strictly prohibited.
3. Updates
Rocketgenius, Inc. may from time to time in its sole discretion develop and provide updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features for its Products (collectively, including related Documentation, “Updates”). Updates may modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the Products and be subject to the Terms.
Updates are available to only websites that are registered with a valid and non-expired Gravity Forms License.
4. Delivery
After we have successfully processed your payment for the initial purchase of a Gravity Forms License, you will receive an email with instructions to activate your Gravity Forms account. This may take up to 1 hour to arrive but usually happens within minutes of placing the order. If you do not receive an email after this time period, please contact us. You may then login to view your Gravity Forms License key, download our Products and/or receive Support.
If you have purchased a new Gravity Forms License while logged in to your Gravity Forms account, the new license will be automatically associated with your account and will be available in your Licenses page.
5. Ownership
You may not claim intellectual or exclusive ownership rights to any of our Products, Support, or Documentation. All Products, Support, and Documentation are property of Rocketgenius, Inc. All Products, Support, and Documentation are provided “as is” without warranty of any kind, express or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our Products, Support, or Documentation.
6. Site Content
All site content, including Support forum content and imagery and documentation that is published on www.gravityforms.com, or documentation or materials provided in connection with the Products (“Documentation”) is the property of Rocketgenius, Inc. Any replicated Documentation must be authorized in advance in writing by Rocketgenius, Inc. Documentation shall not be used or exploited for any purpose, commercial or non-commercial, without the prior written consent of Rocketgenius, Inc. except as authorized by these Terms.
7. Refunds
We will be happy to consider a refund provided if it meets the terms of our Refund Policy, as determined in our sole discretion. Please review the refund policy fully before requesting a refund through https://www.gravityforms.com/my-account/licenses/ (the “Licenses Page”). A refunded Gravity Forms License is immediately terminated.
Please note that we reserve the right to change or modify the current refund policy with no prior notice.
8. Support
Subject to the Terms and while you maintain a valid and active Gravity Forms License, Rocketgenius, Inc. offers support for Gravity Forms to you (“Support”) at such support levels as you purchase and in accordance with https://www.gravityforms.com/support/ (the “Support Page”). Rocketgenius, Inc. may amend the Support Page from time to time in its sole discretion.
Support is offered to customers with a valid and non-expired Gravity Forms License as set forth at https://docs.gravityforms.com/gravity-forms-license-types/, which may be amended by Rocketgenius, Inc. from time to time in its sole discretion. Gravity Forms Elite and Developer license holders have access to our Priority Support Ticket system. Rocketgenius, Inc.’s provision of Support is contingent upon and subject to your full and timely cooperation and your provision of complete and accurate information.
You may not use Support, the Support Page, the Products, or the Gravity Forms Website (i) in any way that could harm Rocketgenius, Inc., its affiliates or any other service provider or any computer network or system or impair anyone else’s use thereof or (ii) to try to gain unauthorized access to any service, data, account or network by any means. You may not permit any other person or entity to use Support. You are responsible for all activities that occur under your Gravity Forms License or use of Support services. You must not use a false identity, impersonate others, or otherwise misrepresent your identity in any way. You agree to comply with any terms of use applicable to www.gravityforms.com and as may be updated from time to time in Rocketgenius, Inc.’s sole discretion.
Rocketgenius, Inc. may elect not to provide Support for non-current versions of Gravity Forms (or any of its Products) or versions of Gravity Forms that do not have all current Updates installed.
Rocketgenius, Inc. offers WordPress plugins “as is” and with no implied meaning.
We do not offer support for WordPress or other WordPress plugins. We make no warranty that support can solve your problem.
9. Gravity Forms License Holders
The Gravity Forms License, including rights to the core Gravity SMTP plugin where applicable, is registered to the email address of the original purchaser of the Gravity Forms License. The account holder retains the rights to the license and account even if the account/key is renewed or upgraded by another party, unless transferred in accordance with these Terms. Only the then-current owner of the account to which the Gravity Forms License is registered may request and receive Support or access Support resources.
Gravity Forms and core Gravity SMTP plugin License holders cannot distribute, giveaway, permit others to use, or resell their licenses. Some Gravity Forms Licenses (in accordance with the descriptions for the purchased Gravity Forms License level set forth at https://docs.gravityforms.com/gravity-forms-license-types/) are transferable, provided that (i) you require the party to which you transfer the license (“Transferee”) to abide by these Terms and (ii) you complete the “Transfer” option for the Gravity Forms License you wish to transfer on the Licenses Page.
Gravity Forms and the core Gravity SMTP plugin are intended to be used on your website(s). Use of Gravity Forms and the core Gravity SMTP plugin on your client’s site is permitted in situations where you maintain an ongoing relationship with the client as a consultant. You are prohibited from providing Gravity Forms or the core Gravity SMTP plugin as a service or providing them as part of a web hosting solution. Providing Gravity Forms or the core Gravity SMTP plugin as a service or as part of a web hosting solution does not constitute an ongoing client/consultant relationship under this Section 9.
You are not permitted to re-post, copy, distribute, or otherwise make available any Documentation on any external websites, social media outlets, etc. By way of example, posting screen captures of this content is also prohibited. Violation will be grounds for immediate termination of the Gravity Forms License and all access to Support and Updates.
A Nonprofit License can only be held by a Gravity Forms account email that shares the same domain to which the non-profit itself is hosted or registered. This email must be used within the Nonprofit application or purchase. Note that the Nonprotif License is not transferrable.
10. Feedback
If you, or anyone acting on your behalf, transmit any communications or materials to Rocketgenius, Inc. by email, electronic submission through www.gravityforms.com (“Gravity Forms Website”), or otherwise, suggesting or recommending changes to Rocketgenius, Inc.’s Products, Documentation, Support, or any other aspect of Rocketgenius, Inc.’s business, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Rocketgenius, Inc. is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. You hereby assign to Rocketgenius, Inc. on your behalf, and on behalf of your employees, contractors and/or agents, all right, title, and interest in, and Rocketgenius, Inc. is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Rocketgenius, Inc. is not required to use any Feedback.
11. Transactional Emails
Rocketgenius, Inc. may on occasion send you email notifications related to the Gravity Forms License to the registered email address as described in Section 9. These transactional emails may include notification of licensing changes, changes to our Terms and Conditions, license expiration notices and other transactional emails related to your purchase of a Gravity Forms License. By purchasing the Gravity Forms License you agree to receive these transactional emails and that these transactional emails are binding as if set forth in these Terms and Conditions.
12. Cancellation/Suspension/Termination
Gravity Forms License Cancellation. You may cancel your Gravity Forms License at any time, and you will continue to have access to Automatic Updates, Documentation and Support until the listed expiry date of the Gravity Forms License. ONCE CANCELED, A LICENSE CANNOT BE RENEWED OR UPGRADED. No full or partial refund will be provided for any Gravity Forms License cancelled before the end of that Gravity Forms License’s term except in accordance with Section 7. A Gravity Forms License cancelled by you will continue to be valid until the end of the then-current Gravity Forms License’s term unless terminated prior to the end of the then-current Gravity Forms License’s term by Rocketgenius, Inc or due to having been refunded as described in Section 7. To cancel a Gravity Forms License, go to the Licenses Page and choose “Cancel”.
A canceled (and not terminated) Gravity Forms License can be restarted before it expires, using the option provided on the Licenses Page.
Rocketgenius, Inc. may terminate your Gravity Forms License at any time for no reason at all, with or without notice. A Gravity Forms License that is refunded or has the payment returned will also be immediately terminated. A Gravity Forms License terminated by Rocketgenius, Inc. will terminate immediately, and your access to Updates and Support will immediately cease. Rocketgenius, Inc. further reserves the right, at any time and for any reason, to modify or discontinue, temporarily or permanently, the Gravity Forms License, Documentation, and Support with or without notice. You will not be entitled to a refund if your Gravity Forms License is terminated, modified, or discontinued by Rocketgenius, Inc. except in accordance with Section 7 and as determined in Rocketgenius, Inc.’s sole discretion.
13. Pricing/Recurring Billing/Payment Methods
You are fully responsible for timely payment of all fees for the Gravity Forms License and for any obligations to pay taxes and charges arising from your purchase of the Gravity Forms License.
Pricing. We reserve the right to change pricing at any time for any reason. We reserve the right to modify the renewal pricing of an existing Gravity Forms License either temporarily or for the future lifetime of the Gravity Forms License. If changing prices would affect Gravity Forms Licenses already owned, we will notify all affected customers in advance. Notification will be made via electronic mail, using the email address listed by the user on their Gravity Forms account as described in Section 9. It is your responsibility to ensure that their email address is kept up to date. We reserve the right to not honor typographical errors which may cause incorrect pricing on the Gravity Forms Website.
Recurring Billing. By purchasing, renewing, or upgrading a Gravity Forms License and providing a valid Payment Method, you authorize us to charge you a license renewal fee for Gravity Forms Licenses at the specified rate on the Gravity Forms Website to your Payment Method. The amount and future billing date will be clearly stated on the Licenses Page for each Gravity Forms License.
Payment Methods. The payment method used to purchase, renew or upgrade a Gravity Forms License will be stored securely with our payment processor and will be re-billed when a Gravity Forms License is renewed. The payment method will not be utilized or stored for any other purposes. You are responsible for editing and keeping your Payment Method information current for each Gravity Forms License by visiting the Gravity Forms Website.
14. Term/Termination
The term of these Terms and Conditions commences when you purchase the Product and will continue in effect until terminated by you or Rocketgenius, Inc. as set forth in this Section 14. You may only terminate these Terms by permanently deleting the Products and all Documentation in your possession, custody, or control and all copies and discontinuing any and all use of the Products and all Documentation.
Support for the Product is provided as long as the Product is actively in development. Should any one of the following occur, Rocketgenius Inc. will no longer be responsible for providing support for the Product:
- The Product is no longer actively developed as a viable product under RocketGenius Inc.
- The Product or the parent company is purchased or bought out by another company.
- WordPress is no longer actively developed.
Rocketgenius, Inc. may terminate or modify these Terms at any time with or without notice in its sole discretion.
15. Privacy
All data we collect is used for internal purposes only. We will absolutely never sell your personal information to 3rd parties. We do not share your personal information with any 3rd parties, except those specifically contracted to fulfill the processes involved in the hosting, billing, support, metric collection and improvement of our Products. You can read the full privacy policy here.
16. Third-Party Materials
The Products, the Documentation, Support, and the Gravity Forms Website may display, include, or make available third-party content (including data, information, applications, add-ons, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree Rocketgenius, Inc. is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Rocketgenius, Inc. does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
17. DISCLAIMER OF WARRANTY
THE PRODUCTS, THE GRAVITY FORMS’ WEBSITE, THE DOCUMENTATION, THE UPDATES, ANY ADD-ONS OR WORDPRESS PLUGINS, OR ANY PRODUCTS, SOFTWARE, SUPPORT, OR OTHER ITEMS OR SERVICES OFFERED OR SOLD BY ROCKETGENIUS, INC. ARE PROVIDED “AS IS.” ROCKETGENIUS, INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PRODUCTS, SUPPORT, GRAVITY FORMS’ WEBSITE, THE DOCUMENTATION, THE UPDATES, ANY ADD-ONS OR WORDPRESS PLUGINS, OR ANY PRODUCTS, SOFTWARE, OR OTHER ITEMS OR SERVICES OFFERED OR SOLD BY ROCKETGENIUS, INC., INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS. ROCKETGENIUS, INC. MAKES NO REPRESENTATION THAT THE OPERATION OF GRAVITY FORMS’ WEBSITE, SUPPORT, THE DOCUMENTATION, OR THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, AND ROCKETGENIUS, INC. WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT AND DATA AND FOR MAKING BACKUP COPIES OF ANY OF YOUR CONTENT AND DATA. YOUR DATA MAY BE LOST, CORRUPTED OR BREACHED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROCKETGENIUS, INC. IS NOT RESPONSIBLE OR LIABLE FOR YOUR DATA OR CONTENT, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR CORRUPTION OF YOUR DATA.
BUYER UNDERSTANDS THAT USER DATA COLLECTED BY GRAVITY FORMS SUBMISSIONS, INCLUDING SIGNATURES CREATED VIA THE SIGNATURE FIELD, CAN BE DELETED AND/OR EDITED BY A SITE ADMINISTRATOR. ROCKETGENIUS, INC AFFIRMATIVELY STATES AND PUTS BUYER ON NOTICE THAT USER SIGNATURES CAN BE EDITED AND ROCKETGENIUS, INC. IS NOT RESPONSIBLE FOR ANY SUCH CHANGES OR EDITS AND BUYER ACKNOWLEDGES SUCH AND HOLDS ROCKETGENIUS, INC, HARMLESS FOR ANY LIABILITY THAT MAY OCCUR IF SUCH OCCURS.
18. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ROCKETGENIUS, INC. OR ITS AFFILIATES, SUPPLIERS, OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, SELLER’S ENTIRE LIABILITY UNDER ANY PROVISION OF THE TERMS SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES BUYER PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ROCKETGENIUS, INC. UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SELLER TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘ROCKETGENIUS. INC. IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY BUYER OR A THIRD PARTY (INCLUDING THIRD-PARTY MATERIALS) THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
19. Jurisdiction and Venue
The Terms shall be governed by and construed in accordance with, the law of the Commonwealth of Virginia. Each of the Buyer and the Seller irrevocably consents to the exclusive jurisdiction and venue of any court within the state courts of Virginia Beach, Virginia, or the federal courts in Norfolk, Virginia, in connection with any matter based upon or arising out of the Terms or the matters contemplated herein, and agrees that process may be served upon them in any manner authorized by the laws of the Commonwealth of Virginia for such persons or actions.
20. Survival
The provisions set forth in the following Sections, and any other right or obligation of the parties in the Terms that, by its nature, should survive termination or expiration of the Terms, will survive any expiration or termination of the Terms: Sections 1, 5, 6, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, and 21.
21. General
The preceding Terms and Conditions govern the license of Gravity Forms™ between you and Rocketgenius, Inc. The Terms, together with any other documents incorporated herein by reference, constitute the entire agreement of the Parties and supersede all prior and contemporaneous understandings, agreements, representations, and warranties with respect to its subject matter. By placing an order with us you acknowledge that you have read, understood, and agree with our Terms and Conditions.