01About these terms
In short They cover the website, your account and what you buy here. The EULA covers the software, and wins if the two disagree about it.
WBAMS ("WBAMS", "we", "us"), 3817 Davis Ave, Charlotte, NC 28208, United States, operates wbams.com. These terms apply when you use the website, open an account, or order a WBAMS plan or service. By doing so, you accept them. If you accept on behalf of an organization, you confirm that you are allowed to bind it.
Installing and using WBAMS is governed by the WBAMS End User License Agreement (the "EULA"), which you accept in the installer. Your order, meaning the plan, term and price you chose, forms part of the agreement. If these terms and the EULA disagree about the software, the EULA applies. How we handle personal information is described in our Privacy Policy.
02Your account
In short Give accurate details, keep your sign-in safe, and tell us if you think someone else has used it.
- Give accurate, current details, and keep them up to date in the client portal. We send invoices, license notices and other important messages to the email address on your account.
- Keep your password private, and turn on two-factor sign-in for extra protection. You are responsible for what is done through your account.
- Tell us straight away if you think your account, a license key or an API credential has been used by someone else.
- You must be at least 18, or the age of majority where you live, to open an account and order.
03Plans, prices and orders
In short Prices are on the Pricing page and at checkout. An order becomes final when the first invoice is paid.
Plans, prices and what each plan includes are shown on our Pricing page and at checkout. Prices are in US dollars, and any tax that applies is added at checkout according to your billing address.
An order is a request to buy. It becomes final when we accept it and the first invoice is paid. Your license then appears in your client portal, together with its key.
A plan that includes an installation service, such as WBAMS Installed for You, covers the work the plan describes. We need the server access and information the work requires, and we will agree a time with you.
04Payment, renewal and cancellation
In short Plans are paid in advance and renew for the same period until you cancel. Cancel from your account.
- In advance: plans are billed monthly or yearly, in advance, for the period you chose.
- Renewal: a plan renews for the same period at the end of each term. The renewal invoice is created before its due date, and we send reminders. If a payment method is saved on your account and our payment provider allows it, it is charged on the due date.
- Price changes: new prices apply from your next renewal, and we will tell you before they do.
- Cancellation: request it from your client portal at any time, to take effect at the end of the paid period or straight away. If you do not want the next term, cancel before the renewal date.
- Late payment: if an invoice stays unpaid, we may suspend license validation, updates, support or access to your account after telling you, and we may end the plan if it is still unpaid.
05Refunds
In short Fees are not refundable once a term has begun, except under the warranty, a published offer, or the law.
Except where the law requires otherwise, fees cannot be cancelled or refunded once the term they pay for has begun. Installation, migration and other service fees are refunded only when your order says so.
This does not affect the limited warranty below, any money-back offer published on our Pricing page when you ordered, or rights that the law does not allow us to exclude.
06Your license
In short One production deployment on one domain per license, for your own business, with the license checked by the software.
- Each license allows one production deployment on one domain, unless your plan says otherwise. You may keep a development or staging copy only when your plan allows it and the copy does not serve live users.
- WBAMS is licensed for your organization's own business, not sold. You may not copy, resell, rent, share or transfer it, or run more deployments than your plan allows, without our written permission.
- The software checks its license with us. You may not bypass, block or interfere with those checks, or with its update and security features. What a license check sends is described in our Privacy Policy.
- You may customize templates, settings, extensions and integrations, and you are responsible for your changes.
The full terms are in the EULA, which prevails for the software.
07Updates and support
In short Updates while your plan is active. Support as your plan includes it.
While your plan is active, you receive the fixes, security patches and feature updates we release. Apply them from your control panel, after testing them and taking a backup.
Support is given through the support desk, to the extent your plan includes it. Response times are commitments only where your plan states them. Support does not cover third-party systems, unsupported changes or servers that do not meet the published requirements.
08Using the website
In short Use it lawfully, and do not attack, overload or misuse it.
When you use wbams.com and its support desk, you must not:
- break the law, or infringe anyone's rights;
- try to gain access to accounts, systems or data that are not yours, or test our security without our written permission;
- overload, disrupt or scrape the site at a rate that harms it, or send malware or spam;
- pretend to be someone else, or send us material you have no right to share.
You keep the rights in what you send us, such as tickets and attachments, and allow us to use it to provide our services to you. If you send us suggestions, we may use them freely and without payment.
09Our content and trademarks
In short The website, documentation, screenshots and the WBAMS name and logo belong to WBAMS.
The website, its text, design, screenshots, documentation and the WBAMS name and logo belong to WBAMS or its licensors. You may read, save and print pages to evaluate and use WBAMS, but not republish them or use our name or logo in a way that suggests we endorse you.
The screenshots on this website show a demonstration installation. The businesses and people in them are invented.
10Third-party services and links
In short Payment providers and other services you use through us have their own terms.
Payments are made through third-party payment providers, under their own terms and privacy notices. Links to other websites, and integrations with outside services, are provided for convenience, and we are not responsible for their content, availability or practices.
11Warranty and disclaimers
In short A 30-day performance warranty for the software, as the EULA describes. Otherwise, the website and its content are provided as they are.
For 30 days after a license is first made available to you, WBAMS will materially perform as its documentation describes when it is installed in a supported environment and used as documented. If it does not, we will, at our choice, repair it, replace it or refund the license fee you paid for that first term. The EULA sets out the conditions.
Apart from that warranty, and to the extent the law allows, the website, the help center, the documentation and the software are provided "as is" and "as available", without other warranties, express or implied. Articles and examples are guidance and are not legal, tax or financial advice.
12Limitation of liability
In short We are not liable for indirect losses, and our total liability is capped at what you paid us in the 12 months before a claim.
To the extent the law allows, neither you nor we are liable for indirect, incidental, special or consequential losses, or for lost profits, revenue, business, goodwill or data. Our total liability arising from these terms, the website or the software will not exceed the fees you paid us in the 12 months before the event that led to the claim.
Nothing in these terms limits liability that the law does not allow to be limited, such as liability for fraud, or for death or personal injury caused by negligence. If you are a consumer, your statutory rights are not affected.
13Suspension and closing an account
In short You can close your account at any time. We may suspend or close it for serious breaches, fraud or non-payment.
You can stop using our services and ask us to close your account at any time. We may suspend or close an account, or end a license, if these terms or the EULA are seriously breached and the breach is not put right within 30 days of our notice, or straight away where the breach cannot be put right or involves fraud, unlawful use or a risk to others.
When a license ends, you must stop using the software for live use. Amounts already due remain payable, and the parts of these terms that by their nature should continue, such as ownership, disclaimers and limits of liability, continue to apply.
14Changes to these terms
In short We will post changes here with a new date. A change that reduces your rights waits until your renewal.
We may update these terms, for example to reflect new services, the law or security needs. We will post the new version here with a new date and tell you about important changes. If a change materially reduces your rights during a term you have paid for, it takes effect at your next renewal, unless the law or an urgent security need requires otherwise.
15Governing law
In short North Carolina and US federal law apply, and the courts in North Carolina decide disputes, without removing consumer protections where you live.
These terms are governed by the laws of the State of North Carolina and the federal laws of the United States that apply there, without regard to conflict-of-law rules. The state and federal courts located in North Carolina have exclusive jurisdiction over disputes about them. Either party may still ask any competent court for urgent relief. If you are a consumer, you keep the protection of the mandatory laws of the country where you live, and you may bring a claim there.
If any part of these terms cannot be enforced, the rest still applies. If we do not enforce a term straight away, we can still enforce it later.
16Contact us
In short Questions and notices go through the contact page, or a ticket from your account.
Questions about these terms, and legal notices to WBAMS, can be sent through the contact page, or as a ticket from your account in the support desk. We send notices to the email address on your account.
By post: WBAMS, 3817 Davis Ave, Charlotte, NC 28208, United States.