Terms of Use

1. Introduction & Acceptance

These Terms of Use (the “Terms“) govern your access to and use of the WP Smart Consent plugin (the “Plugin“), the website located at wpsmartconsent.com (the “Website“), and any related documentation, updates, or support services (collectively, the “Services“), all of which are provided by Nahnu Fitness LLC, a Washington State limited liability company (“Company,” “we,” “us,” or “our“).

By purchasing a license, downloading, installing, activating, or using the Plugin or the Services, you (“you,” “your,” or the “Licensee“) agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Plugin or the Services.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity, and references to “you” apply to that entity.

2. Definitions

• “Plugin” means the WP Smart Consent WordPress plugin, including all object code, source code (to the extent provided), documentation, and updates.
• “License” means a valid, paid-up right to use the Plugin granted to you pursuant to these Terms and your purchase.
• “Site” means a unique, production-deployed WordPress installation identified by a fully qualified domain name or subdomain.
• “Site Allowance” means the maximum number of concurrent Sites on which you may activate the Plugin under your License tier.
• “Yearly License” means a License granted for twelve (12) months from the date of purchase, with updates and support for that period.
• “Lifetime License” means a License granted for the lifetime of the Plugin, with perpetual updates but limited support as described in Section 5.
• “Third-Party Services” means services operated by entities other than the Company, including without limitation Cloudflare, Bunny.net, MaxMind, Mailchimp, Klaviyo, HubSpot, Brevo, MailerLite, Kit, ActiveCampaign, GetResponse, Omnisend, Moosend, Mailjet, Campaigner, Drip, FluentCRM, MailPoet, Groundhogg, Mailster, Newsletter, MailerPress, WooCommerce, FluentCart, SureCart, Easy Digital Downloads, GiveWP, SureForms, Fluent Forms, WPForms, Gravity Forms, Formidable Forms, Quill Forms, HappyForms, Forminator, Contact Form 7, Ninja Forms, MetForm, Everest Forms, Stripe, and any other third-party platforms, APIs, plugins, or services with which the Plugin interacts.

3. License Grant & Tiers

3.1. Grant

Subject to your full and timely payment of all fees and your continued compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Plugin on the number of Sites permitted by your License tier, for the term associated with that tier.

3.2. License Tiers

Yearly Licenses:

• Single: 1 Site
• Plus: up to 5 Sites
• Studio: up to 25 Sites
• Agency: unlimited Sites (subject to Section 3.4 below)

Yearly Licenses include Plugin updates and support for twelve (12) months from the date of purchase. Licenses automatically expire after twelve (12) months unless renewed.

Lifetime License:

• Up to 1,000 Sites
• Perpetual Plugin updates
• One (1) year of priority support included from the date of purchase

After the first year of a Lifetime License, the Plugin and all subsequent updates continue to be available to you, but support is not included unless optionally renewed.

3.3. What the License Does NOT Grant

You do not acquire ownership of the Plugin. You do not acquire the right to:

• Modify, reverse-engineer, decompile, disassemble, or create derivative works of the Plugin, except to the extent this prohibition is expressly prohibited by applicable law;
• Resell, sublicense, rent, lease, lend, or redistribute the Plugin or any portion of it;
• Remove, alter, or obscure any proprietary notices, copyright notices, or branding in the Plugin or its documentation;
• Use the Plugin to provide a competing plugin or service;
• Use the Plugin in any manner that violates applicable law or these Terms.

3.4. “Unlimited” Site Definition

The Agency Yearly License is marketed as permitting “unlimited” Sites. For the avoidance of doubt, “unlimited” means Sites owned, operated, or managed by you or your agency clients for legitimate commercial purposes. It does not authorize:

• Distribution of the Plugin as part of a productized offering, theme, hosting package, or bundled service;
• Use on Sites that are not under your control or your client’s control (for example, spinning up throwaway domains to bypass license checks);
• Any use that a reasonable person would consider an abuse of the “unlimited” designation.

The Company reserves the sole right to determine in good faith whether any use constitutes abuse of the Agency License, and to terminate such Licenses pursuant to Section 11.

3.5. Client Sites & Agencies

Licenses with multi-site allowances (Plus, Studio, Agency, Lifetime) may be used on Sites operated by your clients, provided you remain the License holder and the party responsible for compliance with these Terms on each such Site.

4. Fees, Payment, and Refunds

4.1. Pricing

Current pricing is listed at wpsmartconsent.com/pricing. All fees are in U.S. Dollars (USD) and exclude applicable taxes. You are responsible for any taxes associated with your purchase except for taxes on our net income.

4.2. Payment Processing

All payments for Licenses are processed by our third-party payment processors, SureCart and Stripe. By purchasing a License, you also agree to SureCart’s Terms of Service (available at surecart.com) and Stripe’s Services Agreement (available at stripe.com/legal). The Company does not store your full payment card details; they are handled entirely by SureCart and Stripe in accordance with their respective privacy and security practices.

4.3. Yearly Renewals

Yearly Licenses may automatically renew at the then-current annual rate unless you cancel before the renewal date. You will be notified of upcoming renewals by email before any charge. You may disable auto-renewal at any time via your license dashboard or by contacting support.

4.4. 14-Day Refund Policy

You may request a full refund of your initial License purchase within fourteen (14) days of the purchase date, for any reason, by emailing us at the address listed in Section 14.

Refunds are not available:

• After 14 days from the initial purchase date;
• For License renewals (you must cancel auto-renewal before the renewal date);
• For Lifetime Licenses after 14 days from the initial purchase;
• In cases of abuse, fraud, chargeback fraud, or violation of these Terms;
• For any optional add-ons, support renewals, or services purchased separately.

Upon refund, your License is immediately revoked, and you must cease all use of the Plugin and uninstall it from all Sites.

4.5. Chargebacks

Initiating a chargeback without first contacting us constitutes a material breach of these Terms. We reserve the right to immediately terminate any License associated with a disputed chargeback, to dispute the chargeback with the payment processor, and to pursue collection of any resulting fees.

5. Updates, Support, and Plugin Availability

5.1. Updates

Yearly Licenses receive all Plugin updates during the active License period. Lifetime Licenses receive all Plugin updates perpetually. Updates are delivered through SureCart’s licensing system and through the WordPress plugin updater.

5.2. Support

Support is provided via the contact form at wpsmartconsent.com/support and by email. Support response times are aspirational targets, not contractual guarantees. The Company aims to respond to all tickets within a reasonable time but does not guarantee any specific response time.

5.3. No Guarantee of Continued Availability

The Company may, at its sole discretion and with reasonable prior notice, discontinue the Plugin, any feature of the Plugin, or any Third-Party Integration at any time. Such discontinuation does not entitle you to a refund beyond what is provided in Section 4.4, except where required by applicable law.

5.4. Deprecated Features

Individual features, integrations, or components of the Plugin may be deprecated, removed, or modified in future versions. The Plugin’s full feature list as of the date of your purchase is not guaranteed to remain unchanged.

6. GDPR, Privacy Compliance, and Third-Party Limitations

6.1. The Plugin Is a Tool, Not a Compliance Guarantee

The Plugin is a self-hosted WordPress plugin designed to assist Site owners in implementing opt-in consent mechanisms and forwarding opted-in subscribers from their own WordPress server directly to their own third-party CRM accounts. It is a tool that runs on your server, not a hosted service or a compliance guarantee, and it is not a substitute for your own legal obligations under GDPR, CCPA, PIPEDA, LGPD, or any other privacy law applicable to your business.

You remain solely and fully responsible for:

• Determining whether your use of the Plugin satisfies your obligations under any applicable privacy or consumer protection law;
• Obtaining lawful consent from your website visitors and customers;
• Drafting, publishing, and maintaining your own Privacy Policy, Cookie Policy, and any other disclosures required by law;
• Appointing a Data Protection Officer (DPO) or equivalent role where required;
• Responding to data subject requests (access, deletion, portability, etc.);
• Cooperating with regulatory authorities in your jurisdiction.

6.2. Third-Party Geo-Detection (Accuracy Disclaimer)

The Plugin determines whether a visitor is likely subject to GDPR by obtaining a country code from a cascade of Third-Party Services, in the following order: (1) Cloudflare HTTP headers, (2) Bunny.net CDN headers, (3) WooCommerce’s MaxMind-based geolocation (where present), and (4) a browser cookie persisted from a prior successful detection.

The Company does not control these Third-Party Services. Their country codes may be:

• Inaccurate (e.g., a visitor routed through a VPN, proxy, or Tor);
• Delayed, degraded, or unavailable at any time;
• Changed, deprecated, or removed without notice by the Third-Party Service;
• Based on IP-to-country databases which are statistical estimates, not definitive legal determinations of the visitor’s actual location or legal status.

We make no representation or warranty that the Plugin will correctly identify every visitor’s country, that every visitor from a GDPR jurisdiction will be shown an unchecked consent checkbox, or that every visitor from a non-GDPR jurisdiction will be shown a pre-checked checkbox. You acknowledge that a small percentage of misdetections is statistically inevitable, and that such misdetections are not a defect of the Plugin.

6.3. “GDPR-Compliant” Claims

While the Plugin is marketed as supporting GDPR-compliant opt-in workflows and is designed in accordance with common interpretations of GDPR requirements as of the date of publication, the Company does not and cannot warrant that the Plugin is “GDPR-compliant” in the abstract. Compliance is a function of your overall business practices, not of any single tool.

6.4. Third-Party Integrations

The Plugin integrates with a large number of Third-Party Services. These integrations are provided “as is.” The Company does not:

• Control the APIs, availability, features, data handling practices, or pricing of any Third-Party Service;
• Guarantee that any Third-Party Integration will continue to function if the Third-Party Service changes or removes its API;
• Assume any responsibility for data you send to a Third-Party Service through the Plugin, including but not limited to data lost, misdirected, exposed, or mishandled by the Third-Party Service.

Your use of each Third-Party Service through the Plugin is subject to that service’s own terms of service and privacy policy, which you are responsible for reviewing and complying with.

6.5. Self-Hosted Architecture (Company Does Not Process Your Data)

The Plugin is fully self-hosted. It runs entirely on your own WordPress server. When a visitor opts in, the Plugin forwards their data directly from your server to the Third-Party Service you selected (for example, directly to your Mailchimp account, your FluentCRM installation, your webhook endpoint, etc.) using that service’s official API.

The Company:

• Does not receive, route, intercept, store, cache, or otherwise process any opt-in data, visitor data, subscriber data, customer data, or personally identifiable information collected through the Plugin;
• Does not operate any server that sits between your WordPress site and the Third-Party Services;
• Does not have access to your Plugin’s consent logs, visitor records, or any data stored by the Plugin on your WordPress database;
• Is not a data processor within the meaning of GDPR Article 4(8), CCPA, or any equivalent privacy regulation with respect to the data your Plugin handles.

For this reason, no Data Processing Agreement (DPA) is necessary or applicable between you and the Company regarding data collected through the Plugin on your Site. You are the data controller with respect to your visitors’ and customers’ data. The Third-Party Services you select and configure are the data processors with respect to that data. Your data processing relationships, including any DPAs required by applicable law, are between you and those Third-Party Services directly.

The Company’s role is limited to providing the Plugin software itself and related Services (licensing, updates, support). To the extent the Company collects any data from you, it is limited to account and licensing information, billing information (handled by SureCart and Stripe as described in Section 4.2), and support ticket content, all of which is addressed in our separate Privacy Policy.

7. Acceptable Use

You agree not to:

• Use the Plugin in any manner that violates any applicable law, regulation, or third-party right;
• Use the Plugin to collect, store, or transmit data in violation of any privacy, consumer protection, or spam law (including without limitation GDPR, CCPA, CAN-SPAM, CASL, TCPA, and their non-US equivalents);
• Use the Plugin to send unsolicited marketing communications or to send marketing communications to individuals who have not lawfully opted in;
• Attempt to circumvent the License activation or site-count enforcement mechanisms;
• Use the Plugin on more Sites than your License tier permits;
• Use the Plugin to transmit malware, spyware, phishing content, or any other harmful code;
• Interfere with or disrupt the Plugin, the Website, or any Third-Party Service;
• Scrape, crawl, or extract data from the Website in violation of its robots.txt or equivalent instructions;
• Impersonate the Company, our employees, or any other person or entity.

Violation of this Section 7 is a material breach of these Terms and may result in immediate License termination without refund.

8. Intellectual Property

8.1. Ownership

The Plugin, the Website, all related software, documentation, content, trademarks, logos, and branding (“Company IP“) are and remain the sole and exclusive property of Nahnu Fitness LLC and its licensors. No title to or ownership of any Company IP is transferred under these Terms.

8.2. Feedback

If you submit suggestions, feedback, feature requests, or bug reports to the Company, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, distribute, and commercialize such feedback for any purpose, without attribution or compensation to you.

8.3. DMCA

Claims of copyright infringement may be directed to the contact address in Section 14. We will respond to properly submitted DMCA notices consistent with the U.S. Digital Millennium Copyright Act.

9. Warranty Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE PLUGIN, THE SERVICES, AND THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:

• WARRANTIES OF MERCHANTABILITY;
• WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE;
• WARRANTIES OF NON-INFRINGEMENT;
• WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE;
• WARRANTIES THAT THE PLUGIN WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE FROM MALICIOUS CODE;
• WARRANTIES OF LEGAL COMPLIANCE, INCLUDING BUT NOT LIMITED TO COMPLIANCE WITH GDPR, CCPA, OR ANY OTHER PRIVACY OR CONSUMER PROTECTION LAW;
• WARRANTIES OF COMPATIBILITY WITH ANY PARTICULAR VERSION OF WORDPRESS, ANY THEME, ANY OTHER PLUGIN, OR ANY THIRD-PARTY SERVICE.

Some jurisdictions do not allow the exclusion of implied warranties; in such jurisdictions, the disclaimers above apply to the maximum extent permitted by law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

10.1. Excluded Damages

IN NO EVENT WILL THE COMPANY, ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES;
• LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL, OR LOSS OF ANTICIPATED SAVINGS;
• LOST OR CORRUPTED DATA;
• BUSINESS INTERRUPTION;
• REGULATORY FINES, PENALTIES, OR ENFORCEMENT ACTIONS (INCLUDING WITHOUT LIMITATION GDPR FINES AND STATE PRIVACY ACT PENALTIES);
• COSTS OF SUBSTITUTE GOODS OR SERVICES;

ARISING OUT OF OR RELATED TO YOUR USE OF THE PLUGIN, THE SERVICES, OR THE WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2. Aggregate Cap

THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE PLUGIN, THE SERVICES, OR THE WEBSITE WILL NOT EXCEED THE TOTAL AMOUNT OF FEES YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

10.3. Essential Basis

YOU ACKNOWLEDGE THAT THE FEES CHARGED FOR THE PLUGIN REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT THE COMPANY WOULD NOT PROVIDE THE PLUGIN WITHOUT THESE LIMITATIONS. THESE LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10.4. Jurisdictional Limits

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the Company’s liability is limited to the maximum extent permitted by law.

11. Termination

11.1. Termination by You

You may terminate your License at any time by uninstalling the Plugin and ceasing all use. Termination by you does not entitle you to any refund except as set forth in Section 4.4.

11.2. Termination by the Company

The Company may suspend or terminate your License immediately, with or without notice, if you:

• Materially breach any of these Terms;
• Fail to pay any fees when due;
• Engage in fraudulent, abusive, or illegal conduct;
• Initiate a chargeback in violation of Section 4.5;
• Abuse the “unlimited” Site allowance as described in Section 3.4.

11.3. Effect of Termination

Upon termination:

• Your License is revoked;
• You must immediately cease all use of the Plugin and uninstall it from all Sites;
• Sections 3.3, 6, 8, 9, 10, 12, 13, and 14 survive termination.

12. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its officers, members, employees, contractors, and agents from and against any and all third-party claims, actions, proceedings, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use or misuse of the Plugin or the Services;
• Your violation of these Terms;
• Your violation of any applicable law, including without limitation any privacy, spam, or consumer protection law;
• Any data you collect, process, or transmit using the Plugin;
• Your violation of any third party’s rights, including intellectual property and privacy rights;
• Any content, site, or business operated by you or your clients on which the Plugin is installed.

13. Governing Law & Dispute Resolution

13.1. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of laws principles.

13.2. Venue

Any dispute, claim, or controversy arising out of or relating to these Terms, the Plugin, the Services, or the Website will be brought exclusively in the state or federal courts located in King County, Washington, and you consent to the personal jurisdiction of those courts.

13.3. Informal Resolution

Before filing any claim, you agree to first attempt to resolve the dispute informally by contacting us at the address in Section 14. If we cannot resolve the dispute within thirty (30) days of your written notice, either party may proceed to formal legal action.

13.4. No Class Actions

To the extent permitted by law, you agree that any dispute will be brought individually, and you waive any right to participate in a class action, collective action, or representative action against the Company.

13.5. Limitation Period

Any claim arising out of or related to these Terms or the Plugin must be brought within one (1) year after the claim arises. Claims brought after this period are permanently barred.

14. Contact Information

For legal notices, refund requests, DMCA notices, and all other communications regarding these Terms:

Email: contact@wpsmartconsent.com Support: wpsmartconsent.com/support

Legal notices must be delivered by email to the address above and, where the matter is material, also by postal mail to the street address above.

15. General Provisions

15.1. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, Acceptable Use Policy, and Disclaimers, constitute the entire agreement between you and the Company regarding the Plugin and the Services, and supersede all prior agreements.

15.2. Changes to These Terms

We may revise these Terms from time to time. The “Last Updated” date at the top of these Terms will reflect the most recent revision. Material changes will be communicated by email (if we have your email on file) or by a prominent notice on the Website. Your continued use of the Plugin after a change constitutes acceptance of the revised Terms.

15.3. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

15.4. No Waiver

The Company’s failure to enforce any provision of these Terms is not a waiver of that provision.

15.5. Assignment

You may not assign or transfer these Terms or your License without the Company’s prior written consent. The Company may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

15.6. No Agency

Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and the Company.

15.7. Force Majeure

The Company is not liable for any failure or delay caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government action, epidemic, pandemic, internet or power outages, or failure of Third-Party Services.

15.8. Headings

Section headings are for convenience only and do not affect interpretation.

15.9. English Language

These Terms are executed in English. Any translation is provided for convenience only. In the event of any conflict between the English version and any translation, the English version controls.