Truer than North

Terms of Service

The service “Truer than North” is offered over the internet by the company buro KREAS B.V. in the Netherlands. The use of Truer than North is subject to the below terms and conditions. Using Truer than North constitutes acceptance of these terms and conditions.

Deviations from these terms and conditions is possible only by means of written confirmation by Truer than North.

Article 1. Use of the service

1.1 With the purchase of the Truer than North Framework, you are entitled to usage on the number of sites allocated by the license for one calendar year from the date of purchase, at which time you may purchase an extension to your license.

With the purchase of any theme from Truer than North, you are entitled to unlimited usage of the theme for yourself or client work.

The Framework and each theme will receive automatic updates for as long as the Framework license key remains valid and the Framework is installed and active. As a courtesy, some themes may include design files — making it easier to meet the needs of your personal site, or providing a theme as a base for client work. Our themes are developed with this usage in mind. Truer than North retains the right to change the terms and conditions and licensing of this site and our themes at any time.
1.2 To use Truer than North, you first need to purchase a subscription and register. After completing registration, Truer than North will verify whether your application is to be approved or not. You will be notified about the decision.

1.3 You must secure access to your website using the username and password. Truer than North may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Truer than North that someone else knows your password.

1.4 Truer than North processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of Truer than North for more information.

Article 2. Terms of use

2.1 It it is not permitted to use Truer than North for any purpose that violates applicable law or regulation or these terms of service. This includes (among others) the storage or transmission of data using the service that is slanderous, libellous or racist.

2.2 In addition, on Truer than North it is forbidden to publish information that is pornographic or erotic (even if legal under applicable law); violate the privacy of third party, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications.
2.3 If in the opinion of Truer than North the continued functioning of the website is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Truer than North may take all steps it deems reasonably necessary to end or avert such damage or jeopardy. Truer than North in particular is entitled to change your contributions at its own discretion.

2.4 Truer than North is at all times entitled to file a criminal complaint for any offenses committed through or using the service. In addition Truer than North is entitled to supply your name, address, IP-address and other identifying data to a third party alleging that you violate its rights or these terms and conditions, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.

2.5 Truer than North may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Truer than North from all third-party claims arising out of your violation of these terms of use.

Article 3. Availability and Support

3.1 We offer support for any product purchased from Truer than North. Support questions and inquiries should be directed to our support form. Our support includes common issues, bug fixes and basic usage questions. Support does not include customization of themes beyond their original programming, installation of the products or WordPress consultation. However, we do offer professional WordPress services in addition to our general product support.

Support for the Truer than North Framework is dependent on maintaining an active Truer than North license and is limited to the avenues agreed upon during purchase. Contact us separately for information regarding extended Truer than North licenses outside of our current offerings. An extended license may be needed for a web service running as a WordPress Multisite or when products are being offered as part of a software package.

3.2 Truer than North actively maintains your WordPress site. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.

3.3 Truer than North may from time to time adapt our services. Your feedback and suggestions are welcome but ultimately Truer than North decides which adaptations to carry out (or not). Truer than North shall announce planned adaptations at least thirty days in advance.

Article 4. Licensing

4.1 The CSS, HTML, PHP, design and any other elements of the themes and plugins downloaded from Truer than North are released under the GNU General Public License v2 or later. They are in total compliance with standards of that license as well as with WordPress. Our products are not compatible with the WordPress.com blogging community. They are developed for individual installations of the WordPress platform obtained from WordPress.org.

4.2 Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Truer than North receives a license to use this information for the service and everything that goes with it, including advertisements for the service.

4.3 You can terminate the license of the previous clause by removing the information in question and/or to terminate the agreement.

4.4 After creation it is not possible to remove or change information.

4.5 If you send information to Truer than North, for example a bug report or suggestion for improvement, you grant Truer than North a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.

4.6 Truer than North shall refrain from accessing data you store or transfer using Truer than North, unless this is necessary for a good provision of the service or Truer than North is forced to do so by law or order of competent authority. In these cases Truer than North shall use its best efforts to limit access to the information as much as possible.

4.7 In case Truer than North discovers your contributions have been copied by third parties in combination with contributions of others, then Truer than North is authorized to take legal action against such copying under its own or your name. All costs must be borne by Truer than North but you must offer your cooperation if necessary. This clause does not forbid you from publishing your contributions elsewhere but is aimed at allowing Truer than North to act against copying of (substantially) all contributions to Truer than North.

Article 5. Compensation for the service and Refunds

5.1 As we are offering non-tangible digital goods, we do not generally issue refunds after the purchase has been made. We will be happy to consider a refund within the first 30 days of your purchase if you are unable to get your product to install properly on your website or if the product fails to perform the basic functions as designed.

All refund considerations are contingent upon having worked with the support team to try and resolve any issues. Refunds will be granted at the sole discretion of Truer than North. Refunds do not apply to product upgrades or annual renewals. No refunds will be given after 30 days from the initial purchase.

In the rare case a refund is granted, a minimum refund fee of $10 will be withheld from the total refund amount.

Please note that by purchasing a product, you agree to the terms of the Refund Policy.

5.2 Payment is possible through direct debit order, by making a wire transfer to the account of Truer than North, by creditcard, or as explained further on the website.

5.3 Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.

Article 6. Limitation of liability

6.1 Except in case of intentional misconduct or gross negligence the liability of Truer than North shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.

6.2 Truer than North in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.

6.3 Damages may only be claimed if reported in writing to Truer than North at most two months after discovery.

6.4 In case of force majeure Truer than North is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

Article 7. Term and termination

7.1 This agreement enters into force as soon as you first use the service and then remains in force until terminated.

7.2 If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.

7.3 Truer than North is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Truer than North shall first send a reminder mail to the e-mail address connected to your account.
7.4 By purchasing our product(s) you indicate that you have read and agree the Terms & Conditions detailed on this page.

7.5 Force Majeure and Unforeseen Circumstances

A default cannot be attributed to Truer than North or the Counterparty, as the default is not due to their fault, nor is it due to any legal provision, legal act, or prevailing views in traffic. In this case, the parties are not required to fulfill the obligations arising from the Agreement.

In the General Terms and Conditions, force majeure is understood, in addition to what is understood in law and jurisprudence, as all external causes, whether foreseen or not, over which Truer than North has no influence and which prevent Truer than North from fulfilling the obligations.

Force majeure of Truer than North includes, at least:

  • strikes;• traffic disruptions;
  • government measures that prevent Truer than North from fulfilling its obligations in a timely or proper manner;
  • riots, unrest, war;
  • traffic obstacles;
  • lack of labor;
  • extreme weather conditions;
  • fire;
  • entry, exit, and/or transit bans; and/or
  • any circumstance that hinders the normal course of business, as a result of which Truer than North cannot be reasonably expected to fulfill the Agreement by the Counterparty.

7.6 Termination of Agreement

The parties can terminate the Agreement at any time by mutual consent. The parties can terminate the Agreement in writing prematurely with a notice period of 1 month.

The parties can terminate the Agreement in writing with immediate effect in the case of:

  • application for or granting of suspension of payments to the other party;
  • application for bankruptcy or declaration of bankruptcy of the other party;
  • liquidation of the other party or non-temporary cessation of the other party’s business; or
  • guardianship, curatorship, or debt restructuring as defined in the Debt Restructuring Act for natural persons of the other party.

If the Agreement is dissolved, the claims of Truer than North against the Counterparty are immediately due. If Truer than North suspends the fulfillment of the obligations, it retains its claims from the law and the Agreement. Truer than North always retains the right to claim damages.

7.7 Liability

Truer than North is only liable for direct damage caused by gross negligence or intent of Truer than North, and not for more than the amount the insurer pays to Truer than North or up to a maximum of the invoice amount or €5000, if the invoice amount is higher than €2500.

Direct damage is exclusively understood as:

  • reasonable costs to determine the cause and extent of the damage, insofar as the determination concerns damage in the sense of the General Terms and Conditions;
  • reasonable costs incurred to have Truer than North’s deficient performance comply with the Agreement, to the extent that these can be attributed to Truer than North; or
  • reasonable costs incurred to prevent or limit damage, provided the Counterparty demonstrates that these costs have led to a limitation of the direct damage as referred to in the General Terms and Conditions.

Truer than North is never liable for indirect damage, including consequential damage, lost profits, missed savings, damage from business interruption, damage as a result of providing deficient cooperation and/or information by the Counterparty, damage due to non-binding information or advice given by Truer than North that is not expressly part of the Agreement, and all damage not falling under direct damage as defined in these General Terms and Conditions.

Truer than North is never liable for errors in the material provided by the Counterparty or for misunderstandings or errors regarding the execution of the Agreement if these originate from the actions of the Counterparty, such as not providing complete, proper, and clear data/materials in a timely manner.

Truer than North is never liable for errors if the Counterparty has given approval at an earlier stage or has been given the opportunity to perform a check and has indicated that it does not need such a check.

The liability limitations set out in this article are also agreed for the third parties engaged by Truer than North for the execution of the Agreement.

Truer than North is not liable for damage or destruction of documents during transport or during shipping by mail, regardless of whether the transport or shipping is carried out by or on behalf of Truer than North, the Counterparty, or third parties.

Article 8. Changes to Prices and Terms

8.1 Truer than North reserves the right, at any time, to modify or discontinue, temporarily or permanently, any product or license with or without notice. Prices of all products are subject to change. Notice of price changes will be made on the site.
8.2 Truer than North may change or add to these terms and conditions as well as any prices at the start of a new payment period (as defined in 5.1).

8.3 Truer than North shall announce through the service changes or additions at least thirty days before their taking effect.

8.4 If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Truer than North after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

Article 9. Miscellaneous provisions

9.1 The law of the country of Truer than North applies to this agreement.

9.2 Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Truer than North shall be brought before the competent Dutch court for the principal place of business of Truer than North.

9.3 For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the Truer than North service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.

9.4 The version of any communication of information as recorded by Truer than North shall be deemed to be authentic, unless you supply proof to the contrary.

9.5 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.

9.6 Truer than North is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Truer than North or the associated business activities.

Article 10. Guarantee

10.1 Truer than North themes are guaranteed to function correctly upon proper installation, activation and options configuration of the theme within the latest WordPress platform. We cannot and do not guarantee compatibility with third party plugins. If for some reason the theme is not working properly, report the issue to our support team, and we will do our best to resolve the problem in a timely manner.

10.2 Our products are designed to function properly with the latest version of WordPress and it is our job to make sure they do so. We cannot guarantee they will work properly on older installations of WordPress. We cannot guarantee the compatibility of our products with all third party software and plugins. If a conflict does arise, we will do our best resolve the situation. Moreover, we cannot guarantee our products will function correctly after modification to the code, or a failure to install the theme, plugin, or WordPress properly.

Article 11. Confidentiality

Both parties are obliged to keep all confidential information obtained from each other or from other sources in the context of the Agreement confidential. Information is considered confidential if this has been communicated by the other party or if it follows from the nature of the information. The party receiving confidential information will only use it for the purpose for which it was provided.

If, based on a legal provision or a court ruling, Truer than North is obliged to provide confidential information to third parties as designated by law or the competent court, and Truer than North cannot rely on a legally or court-recognized or permitted right of exemption, then Truer than North is not obliged to pay damages or compensation, and the Counterparty is not entitled to dissolve the Agreement based on any damage caused thereby.

Notwithstanding the foregoing, Truer than North is entitled to include the name of the Counterparty on a list of clients, which is published on the website or through other communications to third parties, unless otherwise agreed.