4/22/2018 11:45:04 PM This policy sets forth the Money-Back Guarantee terms as well as additional information that prospective customers need to be aware of before making a purchase. This includes information about product delivery, technical support, licensing, where applicable product activation, product version lifespan, and other relevant information.
By making a purchase you confirm your understanding and acceptance of the terms set forth in this policy. If you object to the terms outlined below, do not proceed with your purchase.
This policy is subject to change without notice.
This section summarizes the contents of this policy in a few lines and should be used for overview purposes only; for details please refer to the main body of this document.
We will refund your order within 30 days of a purchase if there is a technical problem with the product that we cannot fix. Technical support is provided primarily by e-mail and in English only.
Software products require a quick, one-time activation before they can be used. Activation does not require Internet connection. Software products are licensed on a per computer basis, and you need to purchase as many licenses as you have computers you plan to use the product on.
Products may have updates and upgrades released from time to time. All upgrades and updates are always optional. While minor product updates may be offered free of charge, major updates can be obtained only after a purchase.
Your use of the software product is subject to your acceptance of the EULA.
This policy is subject to change without prior notice.
We do give the industry-standard 30-Day Money-Back Guarantee under the below terms.
We promise to refund the full amount for the purchase of the product (and any other related products/services purchased together with it) on your request, only in the following 2 cases:
1. You are not able to use certain advertised product feature(s) or functionality, where it is not a result of not following compatibility requirements of any sort including, but not limited to: running the product on an unsupported, damaged, or malware-infected (Operating) System, trying to use the product in a way it was not designed, etc.; providing you reported the problem within 30 days of your purchase and our support team has failed to fix it within 15 days from the time the problem was reported even though all the necessary information directly related to the problem was provided by you to our support team and you have precisely followed all its recommendations.
2. The delivery (and where applicable activation) information for the product(s) purchased has not been made available to you within 48 hours of the processing of your order; or such information was either incomplete or invalid (i.e. non-functioning download link) and we failed to provide a solution within 48 hours of you contacting us. This does not apply to cases where the order confirmation e-mail containing the delivery and activation information was sent but has been blocked by your anti-spam protection or if you mistyped/mispasted the download link or the serial number. It only applies to cases where the above is a result of a server failure or some other failure on our end.
Any other reasons for seeking a refund including, but not limited to: disliking the product, inability to achieve certain results with the help of the product that have not been explicitly advertised, disagreeing with the terms of the End User License Agreement or the terms of the Licensing and Activation Policy, etc. are not to be taken as valid reasons for seeking a refund; and thus no refund will be issued in such cases.
In addition, before a refund can be is issued: provided the product has been downloaded/delivered, the product must be uninstalled from all devices where it was installed, and properly deactivated on all devices where it was activated (in cases where activation was necessary to start using the product); downloadable setup removed from all storage media; and Optical Disc(s) destroyed in cases where the product was physically delivered on an Optical Disc(s). This statement also applies to any additional free bonus product(s) that came with the main product (i.e. as part of a special offer).
Note that if your order has been paid for using Bitcoins, no refund will be made. Bitcoin orders are non-refundable!
Note that the above Money-Back Guarantee is void and no refund will be issued if the End User License Agreement (EULA) that comes with the product and governs your use of it has been violated in any way.
- Related includes any complementary products or services (i.e. technical support, download protection, etc.), but it does not include distinct, non-complementary products or services that do not require the product for which refund is being requested.
- Advertised product feature(s) or functionality means any features and functionality that was explicitly listed on the official product website, was present or referred to in the free evaluation version of a product (subject to edition-based restrictions), or was explicitly stated as being present in a product by our staff. For the purposes of this policy, any other possible sources of information regarding the product are not valid and cannot serve as the basis for determining its true functionality and set of features. It is prospective client's responsibility to carefully research all official, publicly available information about the product, or to contact us for detailed information about it, before making a purchase.
- Damaged (Operating) System means system software having any of the following conditions (but not limited to the ones listed here): missing/having wrong versions of/having corrupted system files, having corrupted Registry or other system settings, missing or having default services disabled, etc.
- 30 day period applies to all regular licenses. However, if a time-limited license of the product was purchased, then the time period is at most the duration of a license, and in no cases longer than 30 days of your purchase.
- 15 day period does not include the time we may have to wait for your replies to our questions regarding the issue you are having; so the actual support timeframe may be longer, depending on how quickly you will reply to our requests. If we do not hear back from you for more than 10 days, we will consider the issue resolved.
- Normally an e-mail confirmation of the order containing the download link and necessary activation information is sent immediately upon successfully processing your order. Orders are also processed momentarily, unless there is a problem verifying your billing information, in which case it may take up to 2 business days, but is usually resolved within a few hours. Purchase Orders (Pos) are processed only when the payment has been received in full. If, in addition to a digital download delivery, a physical delivery was selected, the physical delivery of the item(s) purchased may take up to 14 business days, though usually takes no more than a week.
- If you are buying a software product, and unless it was explicitly stated otherwise, it requires anonymous activation that can be carried out with or without Internet connection. The details of our licensing and activation policy are explained below.
If you purchased a subscription, then all the provisions of the general Money-Back Guarantee above do apply.
In addition, while you can cancel your subscription at any time, thus stopping any and all future billings; no refund can be made for the already paid-for subscription period, except for in the case of clause 1 of the general Money-Back Guarantee above, in which case a partial refund will be issued, proportional to the remaining paid-for subscription period less 10%.
If your order is a preorder for a soon-to-be-released product, the terms above will take effect only after the release of the product.
Until the date the product becomes generally available as advertised on the preorder page, you are free to cancel your preorder any time and get back the amount you paid for the preordered product (excluding any other products if such products were also part of your order), subject to your proper removal and deactivation of any free bonus product(s), in cases where such free bonus product(s) were part of your preorder and have been delivered to you.
Once the preordered product becomes generally available (i.e. is released), and is delivered to you shortly thereafter, the money-back guarantee terms outlined above take effect, and the 30-day period is counted from the date of the preordered product's general availability.
Product Delivery and Download Protection
As soon as your order is processed, you will receive instructions for obtaining the product(s) you purchased (unless you made a preorder for a soon-to-be-released product), which will be sent to the e-mail you provided on the order form. These instructions typically consist of product download link(s), serial number(s), and any other relevant information you need to start using the product(s) you purchased. If you wish to receive this information in a timely manner, it is of paramount importance that on the order form you provide correct and working e-mail address to which you have access and make sure your spam filter will not block any e-mails from @binarymark.com.
Any digital content that is part of your order (such as a software installation/setup file) is available for you to download for the duration of 30 days of your purchase. Unless your order includes Lifetime Download Protection, upon the ending of this 30-day period, you are responsible for keeping all the digital content you have downloaded, as you will not be able to re-download it again free of charge after the initial 30-day period ends. Given your order did not include Lifetime Download Protection, not being able to re-download the product after 30 days of the purchase cannot be a reason for a refund! It is therefore advisable to either include Lifetime Download Protection with your order, or save and keep the digital content you have downloaded for backup purposes.
Any paid download protection that you may choose to buy is completely optional, but if purchased, upon request, entitles you to download as many times as needed 1) only associated product(s) that was/were part of the same order, or the specific product for which download protection is being purchased separately; and 2) only during the period of the protection, counted from the date of its purchase. Note that download protection grants you the right to download only the specific version of the product you purchased, and not the latest version. In addition, be advised that download protection does not provide or constitute any extra licenses, license transfers, or activations which may still be necessary to use the product(s) after download/installation. Download protection is strictly a means for retrieving a purchased product at a later time, in case the original download has been lost or is no longer available.
Unless your order includes Technical Support, support that comes free with every paid software product is limited to the first 30 days of the purchase in duration and to issues concerning inability to use the product as advertised in scope; it does not cover any free bonus offers that your order may contain. In addition, the free support that comes with every purchase does not include any walkthroughs, how-to-s, tips, hints, detailed explanations of the User Interface and functionality. If you do require this extra level of support or need support for additional free bonus items that may come with your order, make sure to purchase one of the available Support/Support and Updates packages as well.
Support is generally provided via the Internet (either by e-mail and/or via our support website) and is presently offered in English only. On rare occasions, and upon customer's request, we can provide support over Skype or Phone for an additional fee.
Product Licensing and Activation
Our products are licensed on a per computer basis. You can use the product on as many computers as you have activations* available provided by the license(s) you purchased. This means, for example, if you have purchased 1 Personal/Single license that provides one activation, you can activate and use the product on 1 computer only.
*Unless explicitly stated otherwise, our software products, once installed and run for the first time, require a one-time activation that binds the software to a particular computer so that it can be used on it. Internet Connection is not required for product activation, so you can easily activate purchased product(s) on computers without Internet access. The activation itself is a one-time, simple, and anonymous process that only takes a few seconds. It involves entering a serial number you received and sending it for verification to our servers right from within the software. Although the activation binds the product to a particular computer, should the need arise, the product may be transferred from one computer to another.
Though our licensing and activation policy is simple, be sure to review all the details here: https://www.binarymark.com/about/licensing-policy, so you get accurate understanding of how it works.
Product Updates and Upgrades
Product update refers to acquiring a newer, more recent version of the existing product and can be of two different kinds: either major or minor.
A major update constitutes new product release with major product improvements and/or new features added. Such an update is usually released once every year. Only existing users of the paid version(s) of the product are eligible for acquiring this update (new users automatically get the latest version with their purchase), and can do so by purchasing it at a discount. The discount for the major update may vary from product to product but is no less than 30% of the current list price of that product.
If a user purchased the paid version within 50 days of the release of the new version, such a user is qualified to get the latest version free of charge. In cases where product comes in several different editions, only the edition owned by the user or its analogue will be available as a free update; updates to other editions will have to be purchased at a discount.
Note that unless explicitly stated otherwise on the official product web page or the order page at the time of the purchase, major updates are generally not made freely available to existing users of the paid version(s) of the product, even if their order includes "Support and Updates" as such option applies to minor updates only.
A minor update constitutes a small change, improvement, or patch to the product that does not significantly change or add new functionality. There is no fixed schedule for minor update releases; they are released as needed, primarily to quickly address user feedback or fix newly discovered issues. Minor updates are made available to the users of paid version(s) of the product automatically if they selected "Support and Updates" option when making a purchase (and provided such option has not yet expired at the date of the update release), or upon individual request at 10% the current product list price.
Although we do update our products on regular basis, under no circumstances should existing or potential users assume that any product will receive any kind of updates in the future, unless it is specifically and explicitly stated on the product's official webpage.
Product upgrade refers to acquiring a more feature-complete edition (variation) of the product of the same or newer version. Only users of the paid version(s) of the product are eligible to acquire product edition upgrade and may do so by purchasing it, paying the difference between the current list price of the edition they have and the current list price of the edition to be purchased less any discounts (if available). Users of free, trial, or demo version(s) of the product need to purchase the desired edition of the product directly.
All product updates and upgrades are optional. However, an update may be required if you want to continue to use the product on a newer Operating System and/or hardware, in cases where the product, at the time of the purchase, was not advertised as being compatible with that Operating System and/or hardware.
In addition an update may also be needed if you want to continue to receive technical support or assistance of any kind for that product, including but not limited to requesting a downloadable setup file for product (re)installation after the initial 30-day post-purchase period and in cases when no Lifetime Download Protection was purchased (i.e. unless you update to the latest version of a product, we may not be able to provide a downloadable setup for the outdated version of it if the Lifetime Download Protection was not purchased; so you are responsible for keeping a backup copy of your setup file).
Product Version Support Lifespan
Product version support lifespan refers to the duration of time during which we can provide support for the particular version of a product, including but not limited to: technical support, walkthroughs, activation transfers, etc.
Unless otherwise explicitly stated on the product home page, support period for a given product version is limited to 3 years if the newer version has been released since purchase. If no new version has been released however, support period is extended until the release of the new version, product end of life, or the end of a 5 year period since purchase - whichever comes first.
We will not be able to provide support of any kind past the end of support period. This, however will not prevent you from continuing to use the product for however long you see fit, unless you purchased an expiring license, in which case the period during which the product can be used is bound by the duration of the license.
Limiting the duration of product support for a particular version of a software product is a common practice and is designed to encourage customers to update more often and benefit from the latest product enhancements; as well as allow software developers to implement significant design changes for the purposes of improving the product in various ways, which would otherwise be impossible.
End User License Agreement (EULA)
All our software products are accompanied by the industry-standard End User License Agreement that must be accepted prior to software's installation and/or usage. This agreement outlines basic license grants and restrictions; contains various warranties and disclaimers; limitation of liability statement; and other related legal statements that govern your use of the software. This EULA can be reviewed here: https://www.binarymark.com/about/eula. Your use of the software signifies your acceptance of the terms set forth in the End User License Agreement.
We reserve the right to change the terms of this policy without prior notice; however the policy governing your order is the one which dates from the time your order was placed.
We also reserve the right to change without prior notice any of the following without limitation: products and services we offer, prices for products and services, names of products and services, product and service features, product editions, product requirements, promotion and special offer terms, terms of customer support and product delivery, available discounts and terms under which such discounts are made available, and anything else that is under our control and pertains to your use or inability to use of our products and services.
Specifically we reserve full right to discontinue the development of and support of any product or service at any time without notice, subject to the condition that we will provide technical support on request for discontinued product or service until the 30-day free assistance period or the paid technical support you might have purchased ends.
All the statements on this web page are in full compliance with International Law and by making a purchase you acknowledge that you have read, understood, and accepted the terms of the Ordering and Returns Policy set forth above together with the terms of End User License Agreement and Licensing and Activation Policy that were mentioned.
If you have any concerns or questions regarding the money back guarantee, the activation policy, the product you wish to order, or anything else, please feel free to contact us any time! We will happily answer your questions in a timely manner!