Draft — to be reviewed by a qualified professional before publication.
1. Who we are and what these terms cover
Optcatch, Via Attio Labeone 16, 00175 Rome, Italy (“Optcatch”, “we”, “us”). These terms apply when you use optcatch.com, the Optcatch plugin for WordPress, or buy and use an Optcatch Pro licence (“you”).
By buying a licence or using our services you accept these terms. If you buy on behalf of a company, you confirm that you may bind it. Our Privacy Policy and Refund Policy are part of these terms.
If you are a consumer (someone acting outside their trade, business or profession), you keep all the rights that consumer law gives you. Nothing in these terms limits those rights.
2. Definitions
- Free plugin: the Optcatch plugin distributed for free on WordPress.org.
- Optcatch Pro: the separate Pro plugin that adds extra features and is sold as a licence.
- Licence: your paid right to use Optcatch Pro on 1 site, identified by a licence key: a monthly or annual subscription, or a lifetime licence bought with a one-time payment.
- Freemius: Freemius, Inc., the platform that sells Optcatch Pro as reseller and runs checkout, payments, licensing and updates.
3. The free plugin
The free plugin is distributed through WordPress.org under the GNU General Public License, version 2 or later (GPLv2-or-later). You can use it on any number of sites, without an account and without paying. The GPL governs your rights to use, copy, modify and distribute its code.
4. Optcatch Pro licences
The code is GPL. Optcatch Pro is also released under GPLv2-or-later. Nothing in these terms restricts the rights the GPL gives you over the code you receive.
What a licence gives you. A licence is either a subscription billed monthly or annually, or a lifetime licence paid for once. Monthly and annual licences run for the period you paid for and renew as described in section 6; a lifetime licence has no end date and never renews. While your licence is active, your licence key gives you:
- activation of the Pro features on 1 site;
- access to Pro updates; and
- email support, as described in section 8.
Licence keys are personal. Please do not share, publish or resell your licence key, and do not use it on more sites than your plan allows. You may move a licence from one site to another by deactivating it on the old site.
Lifetime licences. “Lifetime” refers to the life of Optcatch Pro, not of your site or business: you pay once, and the licence stays active with Pro updates and support for as long as we develop and offer Optcatch Pro. If we ever stop offering it, the version you have keeps working under the GPL, but no further updates are delivered.
When a licence ends. If a monthly or annual licence expires or is cancelled, or any licence is refunded, you no longer receive Pro updates or support, and Pro features that need an active licence stop working. The free features keep working, and the data you created stays on your site. Renewing or buying a new licence restores the Pro features.
5. Buying through Freemius
Optcatch Pro is sold through Freemius, which acts as our reseller and merchant of record. This means that Freemius is the seller on your order: it runs the checkout, charges your payment, calculates and collects sales tax or VAT, issues your invoice or receipt, and processes renewals and refunds.
- Your purchase is also governed by the Freemius Terms of Service, and Freemius handles your data under its Privacy Policy.
- We remain responsible for the software, your licence, updates and support.
- Prices are shown on our pricing page and in the checkout. The checkout shows the final price, including any taxes, before you pay. Business customers in the EU can enter a valid VAT number so the reverse charge applies where the law allows.
- You can see your orders, invoices, licences and subscriptions in the Freemius customer portal.
6. Renewals and cancellation
- Automatic renewal. Monthly licences renew automatically every month and annual licences every year, at the end of the period you paid for, and the payment method you used is charged, unless you cancel before the renewal date.
- Lifetime licences. A lifetime licence is a one-time payment. It does not renew and is never charged again.
- Reminders. Before an annual renewal is charged, we or Freemius will send you a reminder by email. Monthly renewals are shown on each monthly receipt and in the customer portal.
- Cancel any time. You can cancel auto-renewal in the Freemius customer portal or by emailing support@optcatch.com. Your licence then stays active until the end of the term you already paid for.
- Price changes. If the price of your monthly or annual plan changes, we will tell you before the next renewal. You can cancel before it is charged if you do not agree.
7. Refunds and withdrawal
Refunds and the EU right of withdrawal are explained in our Refund Policy.
8. Updates and support
While your licence is active, you get Optcatch Pro updates and support by email at support@optcatch.com. We help with installing, setting up and using Optcatch and with problems in the plugin itself. We answer as soon as we reasonably can, normally on business days, but we do not guarantee a specific response time. Support does not include custom development, third-party plugins or themes, or the configuration of your hosting or email accounts.
We may change, add or remove features in new versions. We will not remove a core Pro feature you paid for during your current term without offering a fair solution, such as a proportional refund.
9. Acceptable use
Optcatch is built for consent-based email. When you use it, you must:
- have a lawful basis (normally the recipient’s consent) for every contact you collect, import and email;
- comply with the data protection and anti-spam laws that apply to you and your recipients, for example the GDPR and the ePrivacy rules in the EU (in Italy, the Privacy Code), CAN-SPAM in the United States and CASL in Canada;
- not import or email purchased, rented or scraped lists, and not send unsolicited bulk email (spam);
- honour unsubscribe requests promptly and identify yourself as the sender;
- follow the terms of the email accounts and services you connect (for example Gmail, Microsoft 365, SendGrid or your SMTP provider);
- not use Optcatch to send unlawful, fraudulent, deceptive or harmful content, including phishing or malware;
- not try to bypass licence checks on our or Freemius’s systems, overload them or attack them.
You are responsible for the emails you send and the contacts you store. We may suspend a licence that is used in serious breach of this section (see section 14).
10. Your site and your data
Optcatch runs on your own WordPress site. Your contacts, consent records and campaigns are stored in your site’s database, and emails go out through your own email accounts. You are the controller of your contacts’ personal data and we do not process it for you. Please keep regular backups of your site; we cannot restore data that is stored only on your site.
For what data we do process (for example for purchases, licences, support and the optional Freemius opt-in), see our Privacy Policy.
11. Code licence and trademarks
The plugin code is licensed under GPLv2-or-later. Some included components (such as the Freemius SDK) are licensed by their authors under GPL-compatible licences. The name “Optcatch”, the Optcatch logo and the content of optcatch.com (texts, images and design) are not covered by the GPL. You may not use them in a way that suggests your product, fork or service is ours or endorsed by us.
Optcatch is not affiliated with WordPress.org or the WordPress Foundation.
12. Warranty
We work hard to make Optcatch reliable, but software can have bugs, and the result of email sending depends on many things outside our control (your hosting, your email providers, spam filters and the recipients’ servers). To the extent permitted by law, Optcatch is provided “as is”, without warranties beyond those required by law. We do not guarantee that it will be error-free, that every email will be delivered, or that it fits a particular purpose.
If you are a consumer, this does not affect your statutory rights, including the legal guarantee of conformity for digital content and services under the Italian Consumer Code (Codice del Consumo) and the consumer laws of your country.
13. Liability
To the extent permitted by law:
- we are not liable for indirect or consequential losses, such as lost profits, lost revenue, lost data or reputational harm;
- our total liability for any claim connected with Optcatch Pro is limited to the amount you paid for the licence in the 12 months before the event that caused the claim;
- for the free plugin, which you receive at no charge, our liability is limited as far as the law allows.
These limits do not apply to liability for wilful misconduct or gross negligence, for death or personal injury, or to any other liability that cannot be limited or excluded by law (including under Article 1229 of the Italian Civil Code and mandatory consumer law).
14. Suspension and termination
You can stop using Optcatch at any time and cancel your licence as described in section 6. We may suspend or end a licence if you seriously breach these terms (for example by sending spam or sharing your licence key publicly), after warning you where reasonable. If we end a licence without such a breach on your side, we refund the unused part of the paid term.
Your rights under the GPL to the code you already received are not affected.
15. Changes to these terms
We may update these terms, for example when our services or the law change. We publish the new version on this page with a new effective date. For significant changes we inform customers by email in advance. For monthly and annual licences, changes apply from your next renewal; if you do not agree, you can cancel before it. For lifetime licences, significant changes apply 30 days after we inform you.
16. Governing law and disputes
These terms are governed by Italian law. If you are a consumer living in the EU, you also keep the protection of the mandatory laws of your country of residence, and you can bring a claim before the courts of the place where you live. For business customers, the courts of the place where the company operating Optcatch has its registered office have exclusive jurisdiction.
If something goes wrong, please contact us first. Most problems can be solved quickly by email.
17. Contact
Email support@optcatch.com, or write to the postal address given at the start of these terms.