END USER LICENSE AGREEMENT (EULA) & TERMS OF SERVICE
For DCH Visitor Counter (FREE, PRO Editions & Custom Services)
1. ACCEPTANCE OF TERMS By downloading, installing, purchasing, or using the DCH Visitor Counter (whether the FREE or PRO version, hereafter referred to as the "Software") or its Custom Design Services, you agree to be strictly bound by the terms of this EULA. If you do not agree to these terms, do not download or install the Software. This agreement is between you (the "User") and DomoticaCH (the "Developer").
2. LICENSE USAGE LIMITS, CODE ALTERATION & ANTI-PIRACY The Software, including its source code, logic, and branding, is the exclusive intellectual property of DomoticaCH.
- PRO Version Limits: A single purchase of the PRO Software grants you a limited, non-exclusive license to install and use the component on ONE (1) Single Production Website/Domain.
- FREE Version Limits: You are granted a non-exclusive license to install and use the FREE version of the Software on an UNLIMITED number of websites.
- Subdomains & Testing (PRO): You are permitted to use the PRO Software on a local testing environment or a designated staging subdomain (e.g., https://www.google.com/search?q=test.yourdomain.com) associated with your primary licensed domain. However, utilizing subdomains to host separate distinct websites for different clients under a single PRO license is strictly prohibited.
- Strict Prohibition on Code Alteration: You are STRICTLY PROHIBITED from modifying, altering, or removing any copyright notices, branding, or original source code from the Software (whether FREE or PRO). Creating derivative works, rebranding the component as your own, or redistributing/reselling the Software to third parties constitutes a severe breach of copyright laws. DomoticaCH reserves the right to terminate your license immediately and take legal action.
3. LICENSE VALIDATION & TELEMETRY To prevent piracy and ensure compliance with the single-website license limit, the Software contains a validation mechanism. By installing the Software, you acknowledge and agree that the Software may occasionally "call home" to DomoticaCH servers to verify the license key and the domain where it is installed. No sensitive personal data of your website's visitors is transmitted to DomoticaCH during this validation process.
4. DIGITAL DOWNLOAD & NO REFUND POLICY
- For the PRO Version: Due to the digital nature of the Software and the immediate access to the source code upon purchase, ALL SALES ARE FINAL AND NON-REFUNDABLE. You explicitly waive your right to a refund. We do not offer refunds for compatibility issues, server misconfigurations, or failure to meet specific expectations.
- For the FREE Version: The Software is provided at no cost, subject to all limitations of liability herein.
5. "AS-IS" PROVISION & DISCLAIMER OF WARRANTIES The Software is provided strictly on an "AS IS" and "AS AVAILABLE" basis. DomoticaCH does not warrant that the Software will be compatible with all Joomla versions, third-party extensions, or function flawlessly on your specific server environment or Web Application Firewall (WAF).
6. EXTREME LIMITATION OF LIABILITY Under no circumstances shall DomoticaCH be held liable for any direct, indirect, incidental, or consequential damages arising out of the installation or use of the Software. We explicitly exclude any responsibility for problems not directly caused by our unmodified code. DomoticaCH is NOT liable for:
- Server crashes, fatal errors, or website inaccessibility.
- Conflicts with other Joomla plugins or security extensions.
- Loss of data, loss of profits, or business reputation. Your use of the Software is entirely at your own risk.
7. DATA PRIVACY & GDPR COMPLIANCE The Software tracks and logs visitor IP addresses and behavior for security purposes. DomoticaCH does not collect or have access to this logged data on your server. You, the User, are 100% responsible for ensuring that your website complies with all local and international privacy laws (including GDPR). You must update your website's Privacy Policy to reflect this tracking. DomoticaCH accepts no liability for your failure to comply with privacy regulations.
8. SOFTWARE UPDATES & SUPPORT
- Updates: Purchasing the PRO version grants you access to Software updates for a period of ONE (1) Year from the date of purchase. After this period, you must renew your license to access future updates.
- Support: Technical support is provided exclusively for confirmed bugs related to the unmodified PRO Software. We do not provide support for third-party conflicts, server administration, or the FREE version.
9. GOVERNING LAW AND JURISDICTION This Agreement shall be governed by and construed in accordance with the laws of Switzerland. Any disputes arising from this EULA shall be subject to the exclusive jurisdiction of the courts located in the Canton of Jura, Switzerland.
10. CUSTOM COUNTER DESIGN (TAILOR-MADE SKIN) TERMS
- Scope of Service: The Custom Counter Design service provides one (1) bespoke frontend counter layout matching the User's brand colors and provided logo. The User must select their desired visual style (Glossy 3D or Flat 2D) during checkout.
- Revisions: The service includes one (1) minor revision after the initial delivery. Complete redesigns, radical changes of idea, or requests for multiple variations are not included and require the purchase of a new Custom Design service.
- Fallback Option: If the custom design ultimately does not meet the User's expectations, the User retains full access to the standard pre-designed styles included in their PRO license.
- No Refunds for Services: Due to the manual labor, time, and highly customized nature of this service, all Custom Design purchases are strictly non-refundable, regardless of the final usage of the delivered skin.