Terms and Conditions
These terms and conditions govern the relationship between customers and Amasty (as defined below) provided through a website: https://amasty.com/ (“Website”), where
“Amasty” is the company Softonomika Limited, established and existing under the law of Cyprus, with its registered office at Metochiou 73, Egkomi, 2407, Nicosia, Cyprus, Company Identification Number: HE 427722.
“customer(s)” is a party who have create an account on the Website for the proposes to get a license for the Software. The customer may be an entrepreneur or consumer. Consumer is a natural person, who purchases the software for other than entrepreneurial purposes. Entrepreneur is a natural person or legal entity who holds the respective entrepreneurial license and who purchases the software within his/her entrepreneurial activity.
- Amasty develops following software: Extensions for Magento (Supportable versions) (“Software”) that can be can be purchased by the customer under license agreement through the Website, Adobe Marketplace.
By purchasing the Software, the customer agrees to the license agreement related to the Software. The up-to-date version of the license agreement is available here.
- Under these terms and conditions as well as under other documents and agreements Amasty may (1) provide the customer with the Software under Amasty.com End-User License Agreement, (2) perform Support Services under Amasty.com Support License Agreement, (3) perform the customization and development services under the Agreement for Software Customization and Development Services and/or these terms and conditions; (4) provide other services at its own discretion. These terms and conditions govern all listed actions, unless otherwise expressly provided for in special agreements.
- Amasty may and has the right to sublicense Software developed by third-party (“Vendors”) to its customers based on a written agreement between Amasty and the Vendor regulating the licensing terms.
- By purchasing Vendor Software, the customer agrees to the license agreement related to the Software provided by the Vendor. Vendor’s Licence Agreement is available via a direct link on the product page and/or Vendor Website.
- Amasty guarantees 12-months free updates for Vendor Software purchased at Amasty website. Further updates are regulated by Vendor Licence Agreement. Latest versions of the purchased Software can be found in the customer’s account. Amasty reserves the right to exclude any product from the sales at any time. In such a case, Amasty will cease to develop and offer to its customers any update of such product.
- Amasty offers to its customers – entrepreneurs 90 days of free support for Vendor software purchased from Amasty, with an option to extend the period. Support Services provided by Amasty may include: pre-sale consultations, product functionality consultations, installation and configuration consultations. Further support services are provided by Vendor according to Vendor Support Policy and may include but is not limited to: issue verification on non-customized environments, issue verification on Customer environment, issue resolution and debugging in case such resolution is possible/viable.
- All other terms and conditions stipulated by the present Agreement are equally valid for Amasty and Vendor Software.
- Any user of Website has the possibility to set up a customer’s account with Amasty.
- Customer has the possibility to purchase the Software through the customer’s account. However, Amasty offers to the customers also the possibility to set up customer’s account without the need to purchase any Software from Amasty.
- These terms and conditions shall be effective from the moment of customer’s account creation.
- The purpose of the customer’s account is, among other things, to inform the customers of Amasty on updates of the Software in case the customer purchased the Software developed by Amasty.
- In case the customer provides Amasty with the respective consent on the processing of customer’s personal data, Amasty will provide the customer through (i) the customer’s account, (ii) email, (iii) notification feed in customer admin areas, or (iv) ads shown in the extensions, also with marketing information on new products of Amasty or updates of products of Amasty.
- The customer may place an order to purchase the Software by aquiring a license under the License Agreement through (i) existing customer’s account, or (ii) directly with the Website using the respective order form, or (iii) through Adobe Marketplace. In case the customer places the order through Adobe Marketplace, Amasty will automatically create customer’s account for such customer.
- Relationships about the providing the Software by license are governed by the License Agreement.
- Amasty provides its customers with a guarantee of bug [defect]-free functioning of the Software. The guarantee period is two years and commences on the day of the conclusion of the license agreement between Amasty and the customer.
- The customer may claim a bug [defect] of the Software by written notice, email delivered to Amasty, support system or chat.
Amasty does not guarantee bug free functioning of the software and/or support inquiry investigation in case:
- the customer does not use the latest version of the Software;
- the customer does not use the latest version of Magento and/or PHP;
- the customer uses the edition of the Software that does not correspond to the edition of Magento;
- the customer uses customized Magento;
- the customer has modified/customized Software.
- Furthermore, Amasty does not guarantee the bug free functioning of its software in combination with third-party products.
- Amasty may offer to its customers ninety (90) days of free extendable support subscription for Software purchased from Amasty, with an option to upgrade to a higher edition at any time by means and on conditions offered at Website. During the support period regulated by customer’s support subscription, the customers – entrepreneurs are free to report any bugs experienced while using the Software. Amasty shall try to fix the bugs as soon as possible.
- During the entire support period Amasty does not guarantee bug free functioning of the Software to customers in cases listed under clause 6.3 and clause 6.4.
The provision of support services is additionally governed by Support License Agreement available at Website.
- Amasty offers free updates for Software until February 1, 2022. For Software purchased after February 1, 2022 Software updates shall be provided to customers as part of active product subscription. For Software purchased before February 1, 2022 Software updates shall be provided as part of an active support subscription activated before February 1, 2022.
- Latest versions of the purchased Software may be found in the customer’s account. Amasty reserves the right to exclude any Software from the sales at any time. In such a case, Amasty will cease to develop and offer to its customers any updates of such Software.
- Software updates are provided only for the Magento version branch, for which the Software was purchased [for example, if a customer buys the extension for Magento 1.X.X, updates and support will be provided only for Magento of 1.X.X version branch. Updates for Magento of 2.X.X versions will not be provided for free even if the period of free updates and support will still be pending].
- Magento 2, which was released in the fall of 2015, is a completely different solution in terms of architecture and is incompatible with all extensions developed for Magento of 1.X.X versions, including the ones provided by Amasty. Due to this fact, extensions for Magento 2 will need to be developed from scratch and are treated as completely new extensions, not as new versions of extensions developed for Magento of 1.X.X versions.
- Amasty Magento 2 extensions are separate products developed from scratch due to the fundamental changes of logic, architecture and code structure of the new platform. They are not considered to be upgrades of Magento 1 extensions.
- Magento 2 extensions are offered as separate products on Amasty store and should be bought as individual items. They are not and won’t be compatible with Magento 1 platform, as well as Magento 1 extensions are not compatible with Magento 2 and won’t be upgraded to directly work on Magento 2 due to fundamental changes of logic, architecture and code structure of the new platform.
- Amasty informs its customers hereby, that Amasty does not guarantee the development of Magento 2 modules which are fully identical to existing Magento 1 products, however, as always, we’ll do our best in choosing the most useful features for the business of our customers.
- Amasty under the customer’s order may render the customization and development services.
- In such a case Amasty and the customer should conclude the Agreement for Software Customization and Development Services according to which Amasty assures to perform the works for the customer that are determined by such Agreement, while the customer - to accept the results of work and pay the relevant costs.
- These terms and conditions govern the relationship between customers and Amasty about customization and development services, if the Agreement for Software Customization and Development Services wasn’t signed. In this case, if the customer has not signed the Agreement for Software Customization and Development Services, they are not entitled to refuse to pay for customization and development services, referring to the absence of the signed Agreement. Payment must be made in the order and amount that the parties agreed upon during the written negotiations by means of email communication or in Statement of Work. For avoidance of doubt the Customized Software consists of two parts: (1) Standard Software which is source code as well as all the objects of copyright and (or) related rights used upon its functioning and (or) created in connection with their creation, including design, pictures, audio-, video-, audiovisual and others objects, as well as system documentation related to the Standard Software created by Amasty before the Customization and Development Services rendering. (2) Customization which is source code as well as all the objects of copyright and (or) related rights used upon its functioning and (or) created in connection with their creation, including design, pictures, audio-, video-, audiovisual and others objects, as well as system documentation related to the Customization created by Amasty during the Customization and Development Services rendering.
- To ensure lawful use of the Standard Software that is not transferred to the customer as part of customization and development services, the customer is required to purchase such Standard Software in accordance with the present terms and the End-User License Agreement,
- The customer makes payments for the Software Customization and Development Services by transferring funds to Amasty within five (5) business days after date the invoice is provided by Amasty unless otherwise agreed with Amasty.
- The customer understands and agrees that any intellectual property objects provided to them are at their sole risk and that the any intellectual property objects provided to them are provided “as is”.
- The customer is solely responsible for any consequences of cooperation and use any intellectual property objects provided to them including any loss in profit or reputation, loss of data, cost of procurement or other intangible loss.
- Amasty retains all and any rights to any intellectual property objects, its components, any content and other intellectual property.
- All trademarks, service marks and trade names are owned, registered and/or licensed by Amasty. The customer does not acquire a license or any ownership rights to any trademarks, service marks, or trade names according to these terms and conditions.
- The customer understands that any comments, feedback, or ideas the customer sends Amasty are provided on a non-confidential basis and the customer grants to Amasty a perpetual, worldwide license to use all comments, feedback and ideas the customer may share with Amasty, without notice, compensation or acknowledgement to the customer, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
- The customer agrees to protect, defend, indemnify and hold harmless Amasty, Amasty’s affiliates, Contractors against any and all claims, fines, penalties, and expenses to the extent related to or resulting from: (a) the breach by the customer of these terms and conditions; (b) the negligent acts, errors, omissions or reckless or intentional wrongful misconduct of the customer; (c) the violation of applicable laws by the customer; and (d) to the extent arising from or relating to any death, personal injury, bodily injury to persons or damage to property caused by the customer, its personnel or the deliverables.
- Amasty will give by the customer notice of any matters giving rise to a claim for indemnification. Immediately after receiving a correspondent notice from Amasty the customer shall cooperate with Amasty, take control of the defense and investigation of such matters. Particularly, within ten (10) business days after receipt of the notice with respect thereto at customer’s sole cost and expense the customer shall employ legal counsel approved by Amasty. Amasty shall not be liable for any settlements, litigation costs or expenses incurred by the customer. Amasty's failure to cooperate with the customer will not relieve the customer of its obligations under this section except to the extent that the customer can demonstrate that it has been materially prejudiced as a result of such failure. Amasty may participate in and observe the proceedings at Amasty’s own cost and expense with counsel of Amasty’s own choosing.
- Confidential Information means information of commercial value which is kept confidential by Amasty and which shall not come into the public in accordance with these terms and conditions. Confidential Information includes all information disclosed by Amasty or its directors, employees and, professional advisers to the customer, whether disclosed orally or in writing and, without prejudice to the generality of the foregoing, may include information relating to the Amasty’s technologies, Website, researches, products, software, services, development, creative projects, inventions, industrial patterns, drawings, design documentation, marketing or finances of Amasty.
- The customer undertakes the obligations to keep the confidentiality of the Confidential Information received from Amasty.
- The customer shall use all commercially reasonable efforts to protect the Confidential Information from any harm, tampering, unauthorized access, sabotage, exploitation, manipulation, modification, interference, misuse, misappropriation, copying or disclosure.
- The rights and obligations of the customer under clauses 13.1., 13.2., 13.3 shall not be applied to Confidential information to the extent that: (i) it becomes publicly known for reasons not connected with breach of clauses 13.1., 13.2., 13.3; (ii) its disclosure has been approved by Amasty; (iii) it is disclosed on a confidential basis for the purposes of obtaining professional advice; (iv) it is required to be disclosed by law, by a competent court or a government body. The customer provides Amasty with a reasonable opportunity to review the disclosure and to interpose its own objection to the disclosure of the relevant Confidential information.
- The obligations on keeping the Confidential Information will remain in force within five (5) years after the moment of its disclosure.
Unless otherwise specified in these terms and conditions the customer must not:
- Use information obtained from the cooperation with Amasty directly for making profit, use it in a manner contrary to law or these terms and conditions;
- Copy and (or) distribute, modify and (or) otherwise use the Software in whole or in part in conflict with these terms and conditions;
- Reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the in whole or in part except as provided by Amasty within the End-User License Agreement;
- Use access to the Software, Website and any other information for the purpose of conduct of any activity that is competing to Amasty’s business;
- Try to interfere with the operation of the Website, Software, disrupt the process of providing any Amasty’s services to other customer, or otherwise try to harm the Website, Software (DoS, DDoS attack, etc.);
- The customer undertakes to comply with the terms set forth herein and agrees that Amasty may take all necessary measures to prevent and cease violations of the terms and conditions including removing the customer’s account without prior notice and any refunds.
- The customer expressly understands and agrees that, to the extent not prohibited by applicable law, Amasty shall not be liable to the customer for any direct, indirect, incidental, special consequential or exemplary damages incurred by customer, however caused and under any theory of liability, including, but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss arising out of the use or inability to use the Software, support services and/or customization, development services or any other services provided to customer under these terms and conditions.
- The foregoing limitations on Amasty’s liability shall apply whether or not Amasty has been advised of or should have been aware of the possibility of any such losses arising.
- If the customer claims damages associated with the use of the Software, and provided that Amasty is liable to the customer for such violation in accordance with these terms and conditions, Amasty at its sole discretion may (i) appropriately modify the Software so that it becomes non-infringing without a material loss of functionality, or substitute functionally equivalent services or Software; or (ii) if the option mentioned above is not commercially reasonable, terminate these terms and conditions on written notice to customer. The obligations set forth in this clause shall constitute Amasty’ entire liability and customer’s sole remedy for any actual or alleged infringement.
- In any case the cumulative liability of Amasty to the customer for all claims arising from or relating to the Software shall be a maximum of the two thousand (2,000) USD.
- In no event will Amasty be liable or responsible to the customer, or be deemed to have defaulted under or breached these terms and conditions, for any failure or delay in fulfilling or performing any term herein, (except for any payment obligation), when and to the extent such failure or delay is caused by any circumstances beyond Amasty’s reasonable control (“Force Majeure Event”), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the effective date of these terms and conditions, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation.
- Any issue which is not agreed in these terms and conditions will be governed by the laws of Cyprus.
The parties will endeavor to resolve all disputes, controversies and claims that may arise in connection with the execution, termination or invalidation of these terms and conditions by negotiations. If dispute, disagreement or claim was not solved by negotiations, such dispute shall be resolved in the Cyprus Trade Inspection or use ODR platform.
- These terms and conditions have been valid and effective since 13 August 2020. These terms and conditions shall be effective for the new customer from the moment of customer’s account creation to the termination in accordance with its terms.
- Amasty is entitled to terminate these terms and conditions at any time by giving written notice to the customer.
- These terms and conditions cancel any previous terms and conditions.
Amasty reserves the right to adopt any changes and amendment hereto. The up-to-date version hereof is available on www.amasty.com.