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Terms & Conditions

Last Updated: February 5, 2024.

These Terms & Conditions (this “Agreement”) apply to your access and/or use of the Fingers Crossed e-commerce website (the “Site”) and the WordPress Plugins, content, features, subscriptions, trainings, trainer lessons, streams, blogs, and services (collectively the “Services”). “We”, “Fingers Crossed”, and “SIA Orbyt” mean the SIA Orbyt company located at the address listed below, being this company (“SIA Orbyt”) that is providing the Services to you. The terms “User” and “you” mean any user of the Services, whether company, manager, learner/trainee, or affiliate.

For clarity, these Terms and Conditions apply to your access and use of the Services on our website. If you do not agree to these terms or any future updated version of them, then you must NOT use, and must cease all use of any of Our Services.

About Fingers Crossed
Fingers Crossed provides WordPress Plugins and related services to enhance your website’s functionality. We specialize in delivering high-quality WordPress Plugins designed to meet your specific needs. Our mission is to provide top-notch solutions to optimize your online experience.

If you have any questions or need assistance, please contact us at:

SIA Orbyt (Fingers Crossed),
Malu iela 6-1A, Riga, LV-1058, Latvia
Email: [email protected]

1. Access and Use
By accessing or using the Services on the Fingers Crossed e-commerce website (the “Site”), you acknowledge that you have read, understand, and agree to be bound by this Agreement. You also represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services. Fingers Crossed may update or revise this Agreement from time to time. It is your responsibility to periodically review this Agreement. You have the choice to accept or reject any modified version of this Agreement, but accepting this Agreement, as modified, is necessary to continue using the Services. If you do not agree to the terms of this Agreement or any modified version, you must terminate your use of the Services, and as a result, you will no longer have access to your Account.

Additionally, the Services are available directly on our website and are not associated with any app store or third-party platform for download.

By accessing and/or using our Services, you confirm your agreement to these Terms and Conditions. You also confirm that you are at least 13 years of age or providing the Services to employees and/or affiliates who are at least 13 years of age. If you or anyone you are sharing the Services with is between the ages of 13 and 18, a legal parent or guardian must review and agree to these Terms and Conditions, granting permission for you to access and/or use our Services.

You can always access the latest version of these Terms and Conditions at: https://www.fingerscrossed.dev/terms-conditions/
We reserve the right to make changes to these Terms and Conditions at any time, as specified in these Terms. Your continued use of our Services after any updates to the Terms and Conditions will indicate your acceptance of the revised Terms and Conditions.

2. Account
Your account with Fingers Crossed, as created through the Fingers Crossed e-commerce website (“Account”), and via the use of a login feature, is considered your personal information for informational purposes. Please refer to our Privacy Policy for details on how your Personal Information is handled. When registering for an Account, you must provide accurate, current, and complete information about yourself on the Fingers Crossed account creation page. It is your responsibility to keep your personal information up-to-date and accurate. You are solely responsible for maintaining the confidentiality of your Account and the information associated with it. Except as required by applicable law, you are responsible for all activities conducted using your Account, whether or not authorized by you. If you suspect any unauthorized use of your Account or any security breach related to your use of the Services, you must promptly notify Fingers Crossed.

3. Communications
By using our Fingers Crossed e-commerce Site and Services, you agree that Fingers Crossed may communicate with you via electronic messages, including email or mobile push notifications, in accordance with our Privacy Policy. You are responsible for any mobile carrier data or text message charges incurred while using the Services, including notifications provided by the Services. To use text message-based services, you must have an active account with a carrier of electronic communications through mobile devices, and prepaid cellular phones cannot be used to access such text message services. Fingers Crossed does not guarantee compatibility with all devices or support from all mobile carriers.

4. Updates to Terms and Conditions & Services
Fingers Crossed reserves the right to modify these Terms and Conditions at any time without notice, including removing, adding, or modifying portions of the Fingers Crossed Site and Services. If you disagree with any such changes, your only option is to discontinue using the Services. Continued use of the Services following any changes signifies your acknowledgment of those changes and your satisfaction with all the Services. Fingers Crossed also reserves the right to modify the Services, including the Fingers Crossed Site, at any time without notice, with the same discretion to add, remove, or modify features. If you object to any such changes, your sole recourse is to stop using the Services. Continued use of the Services after any changes indicates your acknowledgment of those changes and your satisfaction with all the Services.

5. Intellectual Property
The features, information, and materials provided through Fingers Crossed are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through Fingers Crossed (collectively, the “Fingers Crossed Content”) are provided to the User by Fingers Crossed, SIA Orbyt, or its partners or licensees solely to support User’s permitted use of the Services. The Fingers Crossed Content may be modified from time to time by Fingers Crossed at its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Fingers Crossed Content by User shall constitute a material breach of this Agreement. Fingers Crossed and its partners or licensees retain all rights in the Services and Fingers Crossed Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Fingers Crossed or any third party is granted under this Agreement.

6. Restrictions & Termination
The Services and Fingers Crossed Content are offered solely for the User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. Fingers Crossed expressly reserves all its rights and remedies under applicable laws. Fingers Crossed reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, or deny access to the Services. Fingers Crossed may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, Fingers Crossed may suspend your access to the Services if we believe you to be in violation of any part of this Agreement. After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account, and, where applicable, you may lose access to and be unable to use any of the Services. You agree that Fingers Crossed shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement.

6B. Refunds
By purchasing a digital product, including our WordPress plugins, from our site, you acknowledge and give your express consent that the download and activation of the product will commence immediately upon purchase. You agree that this instant access results in your waiver of the 14-day withdrawal right. Our products are eligible for refunds only under specific conditions, such as non-functionality or critical issues that cannot be resolved through customer support, within 14 days from the purchase date. We reserve the right to refuse a refund request if the product has been downloaded, installed, and used, as your rights to a refund are waived upon the commencement of the product’s activation and use. We encourage potential buyers to review the product’s detailed description and utilize available demos or trial versions before making a purchase to ensure it meets your needs. For further assistance or to discuss a refund, please contact our customer support team directly.

7. Content
During your use of the Services on Fingers Crossed, you may submit, transmit, post, or otherwise provide content, including but not limited to reviews, comments, ratings, photos, images, videos, sounds, text, data, links, and location information; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information (“User Content”). Your User Content must adhere to the following guidelines:

– It must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing on intellectual property rights, promoting illegal activities, or causing harm to groups and/or individuals.
– It must not invade a third party’s publicity or privacy rights, be purposefully false, or otherwise injurious to third parties, or be objectionable in nature.
– It must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam,” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations.
– Your User Content should be unbiased and objective.
– You may not use a false email address, impersonate any person or entity, or mislead as to the origin of User Content.

The name or handle you choose to provide to Fingers Crossed may be publicly displayed with your User Content. Fingers Crossed reserves the right (but has no obligation) to monitor, remove, or edit User Content at its sole discretion, especially if User Content violates this Agreement (including any Fingers Crossed Policies). However, please note that Fingers Crossed may not regularly review submitted User Content.

By submitting User Content, unless otherwise indicated, you grant Fingers Crossed a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content worldwide in any media. You also waive any privacy or publicity rights or any similar rights related to an individual’s name or likeness, in addition to any moral or other rights you may have in the User Content you submit, in favor of Fingers Crossed.

You represent that you own or have the necessary permissions to use and authorize the use of User Content as described herein. Fingers Crossed assumes no responsibility and liability for any User Content submitted by you or any other User or third party, and we do not guarantee any confidentiality with respect to User Content.

8. Representations and Warranties
You represent and warrant that you own or have appropriate control over all rights to any User Content you submit. Additionally, you affirm that all User Content submitted by you is accurate and that its use by Fingers Crossed and its other Users, partners, and licensees will not breach this Agreement, harm any individual or entity, or infringe upon any third-party rights, including but not limited to intellectual property rights and rights of privacy or publicity.

You agree to indemnify, hold harmless, and, at Fingers Crossed’s request, defend Fingers Crossed, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Fingers Crossed Parties”) from any claims arising from (1) any User Content submitted by you, (2) your use of the Services, or (3) any alleged breach or actual breach by you of this Agreement.

9. Limitations on Liability

EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL FINGERS CROSSED BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE DAMAGES MAY ARISE OUT OF OR BE CONNECTED WITH:

1. This Agreement (including any changes thereto).
2. ANY USE OF THE FINGERS CROSSED SITE, SERVICES, THE FINGERS CROSSED CONTENT, OR USER CONTENT.
3. THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY SITES OR SERVICES IN CONNECTION WITH THE SERVICES.
4. ANY USER-CAUSED BREAKS OR DAMAGES TO THEIR WEBSITE AS A RESULT OF USING OUR SERVICES.

IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE FINGERS CROSSED SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO YOU FOR ANY REASON WHATSOEVER, INCLUDING DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE FINGERS CROSSED CONTENT. FINGERS CROSSED IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY SITES OR SERVICES FOR WHICH A USER HAS MADE A RESERVATION, CLAIMED AN OFFER OR PROMOTION, OR PAID A BILL USING THE PAYMENT SERVICES OR ANY MERCHANT THAT ISSUES A MERCHANT GIFT CARD.

YOU UNDERSTAND THAT THE USE OF THE SERVICES IS AT YOUR OWN RISK, AND FINGERS CROSSED CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES, ALL FINGERS CROSSED CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. FINGERS CROSSED EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE.

FINGERS CROSSED DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT FINGERS CROSSED WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY, OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. FINGERS CROSSED SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF FINGERS CROSSED.

For any losses or harm in any period of twelve months, we will only be responsible for losses or harm that are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions, up to the value of the amount that you have paid to us in the 100-day period ending on the date of your claim. Losses and harm are foreseeable only where they could be contemplated by you and us at the time of you agreeing to these terms and conditions.

Subject to the paragraph below and unless otherwise specified in these Terms, we do not give any warranty, express or implied, in relation to our Services, and you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services.

Any additional legal rights that you may have as a consumer remain unaffected by these terms.

10. Third Parties
Fingers Crossed may include links to websites and applications operated by parties other than Fingers Crossed. These links are provided for your reference only, and Fingers Crossed does not control these websites or applications and is not responsible for their content. The inclusion of any links to such websites or applications does not imply endorsement of the material on them or any association with their operators. Fingers Crossed assumes no liability for any third-party websites, applications, or their content, features, products, or services. Additionally, if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, Apple Inc., Google, Inc., Microsoft Corporation, or BlackBerry Limited may be a third-party beneficiary to this contract. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services. Your access to the Services using these devices is subject to the terms set forth in the applicable third-party beneficiary’s terms of service, including any license transferability and other usage rules therein. Fingers Crossed may occasionally collaborate with third-party trainers who meet our highest standards. In such cases, please be aware that Fingers Crossed cannot control third parties and cannot offer any guarantees, warranties, or assurances regarding third-party services or the handling of data by third parties.

11. Severability
If any provision or portion thereof of this Agreement is found to be invalid under any applicable statute or rule of law, the remaining provisions of this Agreement shall remain in full force and effect, and the invalid provision or portion thereof shall be deemed omitted.

12. Assignment
This Agreement and the rights and obligations under it may not be transferred, assigned, or delegated by you but may be freely transferred, assigned, or delegated by Fingers Crossed.

13. Waiver
Any waiver of any provision of this Agreement or a delay by any party in the enforcement of any right hereunder shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

14. Purchases
When making any purchase of products or services offered by Fingers Crossed (“Purchase”), you may need to provide specific information related to your Purchase, including but not limited to credit card details, billing address, shipping address, name, and account information. By making a purchase from Fingers Crossed, you represent and warrant that: (1) you have the legal right to make the Purchase and/or enter into an Agreement with Fingers Crossed for services related to the Purchase; and (2) the information you provide is accurate and complete. Fingers Crossed may use third-party services to facilitate payment and the completion of transactions. By submitting your information, you grant us the right to share this information with third parties, as governed by our Privacy Policy. We reserve the right to refuse or cancel your order at any time for various reasons, including but not limited to product or service availability, errors in the product or service description or pricing, errors in the order, or any violation of the terms of this Agreement. Furthermore, we retain the right to refuse or cancel your order if fraud, unauthorized or illegal transactions are suspected.

15. Payment Terms
We regularly update our product and service offerings. The availability of products and services, as well as their pricing and descriptions, may be subject to errors, inaccuracies, or unavailability, and we may encounter delays in updating information on the Services or in our advertising. You explicitly acknowledge that any product and/or service offer does not constitute a legally binding offer capable of legal consequences. We do not guarantee the accuracy or completeness of any information, including prices, products, specifications, availability, and services. We reserve the right to modify or update information and correct errors, inaccuracies, or omissions at any time without prior notice. In the event we do not receive payment from your credit card provider, or if your credit card expires or is declined, you agree to settle all outstanding amounts upon request. Following such non-payment, we may request you to provide a valid second credit card before continuing to use the Services. You authorize us to charge any outstanding fees and other amounts owed to us to any credit card you have on file. We reserve the right to take all necessary actions to collect amounts owed by you, including but not limited to legal action and involving third-party collection agencies. If your account becomes more than 30 days overdue and is referred to a collection agency, you will also be liable for any recovery fees imposed by the agency. You are solely responsible for any fees imposed on your credit card by the issuer, bank, or financial institution, including but not limited to membership fees, overdraft fees, insufficient funds fees, and over-the-credit limit fees. You agree to notify us of any billing issues or discrepancies within 90 days after they first appear on your credit card statement. Failure to report such issues within 90 days will result in your waiver of the right to dispute them. We may modify the price, content, or nature of the Services at any time. At our discretion, we may grandfather certain members at existing price levels based on factors such as sign-up date and good standing. Members receiving grandfathered rates will be notified in advance of any price changes. If we amend any of the terms mentioned above, you may cancel your membership, and such cancellation will be your sole remedy. We may provide notice of such changes via email, notifications upon login, or by posting them on our website.

16. Promotions
Any contests, sweepstakes, or other promotions (“Promotions”) offered through our Services may have separate rules that govern them, distinct from the terms in this Agreement. If you choose to participate in any Promotions, kindly review the specific rules of those Promotions, in addition to the terms of this Agreement and our Privacy Policy. In case of any conflict between the rules of a Promotion and the terms of this Agreement, the rules of the Promotion will take precedence. Please note that the terms of this Agreement remain distinct from any agreements related to Promotions. These Promotions may be exclusively provided by third parties and are not endorsed by Fingers Crossed.

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