Terms & Conditions

Introduction/Definitions

For the purposes of this Agreement:

  • “blurFactor” refers to blurFactor New Media, LLC, its officers, employees, and affiliates.
  • “Avairto” refers to the Avairto WordPress Plugin offered exclusively by blurFactor on this website. Avairto includes any associated updates, services, documentation, and other materials or support provided by blurFactor under this Agreement.

1. Avairto End-User License Agreement (EULA)

Grant of License

blurFactor New Media, LLC grants you a limited, non-exclusive, non-transferable license to use the Avairto plugin solely for personal or business purposes, in accordance with the terms of this Agreement.

Restrictions

    • You may not modify, reverse engineer, decompile, disassemble, or create derivative works of the plugin.
    • You may not distribute, sublicense, or transfer the plugin to any third party without express written permission from blurFactor New Media, LLC.
    • The plugin may only be used by the licensee on a single website or project unless additional licenses are purchased.
    • The plugin may only be used for personal or internal business purposes. Use in multi-client or Software-as-a-Service (SaaS) environments requires prior written consent and additional licensing.

Ownership
All intellectual property rights in and to the Avairto plugin remain the exclusive property of blurFactor New Media, LLC. This license does not grant you ownership of the plugin or any of its components.

Termination
This license is valid only while you have an active subscription or valid license key. blurFactor New Media, LLC reserves the right to terminate the license immediately upon breach of any of these terms.

2. Updates and Support
Customers with an active license are entitled to receive plugin updates and basic support during the license term. Updates include improved versions of the plugin and may contain additional features, enhanced functionality, bug fixes, and security improvements. Our goal is to continuously improve Avairto to provide an optimal experience for our users.

Updates are designed to improve functionality and security. However, blurFactor makes no guarantee of backward compatibility with earlier versions or compatibility with third-party integrations.

Support is intended to address basic questions about the installation and functionality of the plugin. It does not include assistance with building, debugging, or optimizing complex automations or workflows.

blurFactor New Media, LLC provides support solely at its discretion and reserves the right to determine the extent of assistance offered. Support is limited to:

  • Addressing issues related to the core functionality of the plugin as described in its documentation.
  • Clarifying features or settings.

Support does not include:

  • Guidance on creating, customizing, or troubleshooting specific automations.
  • Assistance with third-party integrations, customizations, or modifications.
  • Debugging automation logic or complex workflows.

blurFactor reserves the right to limit or terminate support services for users who abuse support channels, fail to provide requested information, or attempt to seek assistance beyond the scope of this agreement.

To continue receiving updates and support, a license renewal or new license purchase is required upon expiration of the current license term.

3. Warranty Disclaimer
Avairto is provided on an “as-is” basis. While blurFactor guarantees that Avairto will function on a clean installation of WordPress, compatibility with all third-party products, themes, or web browsers is not guaranteed.

  • blurFactor is not responsible for any compatibility conflicts or any resulting damages, including but not limited to data loss, site downtime, or financial losses.
  • blurFactor is not responsible for damages resulting from server incompatibility, misconfiguration, or use of outdated WordPress versions
  • blurFactor disclaims all warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. Use of Avairto is at your own risk.
  • The user is responsible for ensuring the plugin’s use complies with applicable laws, regulations, or third-party platform requirements.

4. Delivery
Upon successful payment, you will receive an email containing your license key and download link. Delivery typically occurs within minutes but may occasionally take longer. If you do not receive the email and cannot locate it in your spam or junk folder, please contact us promptly. blurFactor is not responsible for delays caused by technical issues outside of its control, including but not limited to payment gateway or email server failures.

5. Refund Policy
Due to the nature of digital products, blurFactor generally does not issue refunds. However, within 30 days of purchase, a refund may be granted at the sole discretion of blurFactor if:

  • The plugin fails to install or perform its primary functions as described.
  • You have worked with the support team to attempt resolution without success.

Refunds are granted only once per product and do not apply to renewals or upgrades. Refund requests made after 30 days will not be considered. Refunds will be granted at the sole discretion of blurFactor and only under circumstances where the plugin fails to perform its primary advertised functionality. Refunds will not be issued for problems arising from factors outside blurFactor’s control, including changes to third-party platforms, server configurations, or user error.

6. Limitation of Liability
To the fullest extent permitted by applicable law, blurFactor shall not be liable for:

  • Any direct, indirect, incidental, consequential, or punitive damages arising out of your use of Avairto. This includes, but is not limited to, damages for loss of data, site downtime, or financial losses.
  • The exposure, misuse, or loss of confidential, sensitive, or personal information resulting from the plugin’s use, misconfiguration, or third-party integrations.
  • Damages caused by security breaches, data leaks, or unauthorized access to your site.

In no event shall blurFactor’s liability exceed the amount paid by the user for the plugin during the 12 months preceding the event giving rise to the claim.

7. Indemnification
By using Avairto, you agree to indemnify and hold harmless blurFactor, its officers, employees, and affiliates from any claims, liabilities, damages, or expenses (including attorney fees) arising out of:

  • Your use or misuse of the plugin.
  • The unauthorized disclosure, access, or exposure of confidential, sensitive, or personal information added to your site.
  • Regulatory violations, including but not limited to data privacy laws (e.g., GDPR, CCPA), resulting from your use of the plugin or mismanagement of confidential data.

8. Email Communication
By purchasing Avairto, you consent to receive transactional emails related to your purchase, including license information and updates. We may also send occasional newsletters or promotional emails. Your email address will never be sold or shared with third parties, and you may opt-out of promotional emails at any time.

9. Price Changes
blurFactor reserves the right to change prices, modify, or discontinue support licenses at any time without prior notice. Notice of price changes will be posted on the website. blurFactor may also suspend or terminate support services for discontinued licenses. blurFactor will provide 30 days’ notice for price changes affecting recurring licenses.

10. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts located in Union County, North Carolina, and the parties consent to the jurisdiction and venue of such courts.

11. Force Majeure
blurFactor shall not be held liable or deemed in breach of this Agreement for any failure or delay in performance caused by circumstances beyond its reasonable control. Such circumstances include, but are not limited to, acts of God, natural disasters, government actions, labor disputes, technical failures, interruptions in third-party services, or other events beyond blurFactor’s control.

12. Acceptance of Terms
By purchasing or using Avairto, you confirm that you have read, understood, and agree to these Terms and Conditions. blurFactor reserves the right to modify these Terms and Conditions at any time without prior notice. Modified terms will apply retroactively to all active licenses unless the user chooses to terminate the license within 30 days of the modification notice. Continued use of Avairto constitutes acceptance of the updated terms.