Terms & Conditions for the Use of Licensed Third-Party Software

Terms & Conditions for the Use of Licensed Third-Party Software

These Terms & Conditions (“Agreement”) govern the provision and use of third-party software tools licensed by Studio BigBoy / All Brands Matter (hereinafter referred to as “Studio BigBoy / All Brands Matter,” “we,” “our,” or “us”) in connection with digital projects developed or maintained for the Client (hereinafter referred to as “Client,” “you,” or “your”).

By entering into any agreement, project, or collaboration with Studio BigBoy / All Brands Matter, the Client acknowledges and agrees to the following terms, in full.

1. Scope of the Agreement

This Agreement applies to all websites, webshops, platforms, or digital solutions developed, hosted, or maintained by Studio BigBoy / All Brands Matter in which third-party licensed tools and plugins are utilized. It outlines the limitations, responsibilities, and usage rights related to those licenses.

2. Licensed Software

Studio BigBoy / All Brands Matter makes use of a curated suite of premium third-party software solutions under active developer licenses. These may include, but are not limited to:

  • Bricks Builder / Elementor Pro
  • Core Framework (including UI Kits and Templates)
  • Advanced Custom Fields / Advanced Custom Fields Pro (ACF)
  • BricksForge
  • SEOpress Pro
  • All Import Export Pro
  • HappyFiles Pro

These tools are licensed directly to Studio BigBoy / All Brands Matter. The licenses remain the sole and exclusive property of Studio BigBoy / All Brands Matter and are not transferred or sold to the Client under any circumstance.

3. Usage Rights and Limitations

The Client is granted a limited, non-transferable, non-exclusive right to use these licensed tools only within the scope of the project(s) developed or actively maintained by Studio BigBoy / All Brands Matter. This permission is provided solely for operational use and cannot be extended, duplicated, sublicensed, or migrated without prior written approval.

Studio BigBoy / All Brands Matter reserves the right to revoke such usage if terms are breached or if access is extended to unauthorized parties.

4. Website Ownership and Liability

The Client retains full legal ownership of their website, its codebase (excluding licensed components), content, and intellectual property. However, the Client expressly acknowledges that they do not acquire ownership of any third-party licenses provided by Studio BigBoy / All Brands Matter

Studio BigBoy / All Brands Matter provides licensed tools as a convenience to streamline development and enhance functionality but does not guarantee any commercial or technical outcome resulting from their use.

To that extent, Studio BigBoy / All Brands Matter shall not be held financially liable under any circumstance for:

  • Loss of business revenue
  • Downtime or inaccessibility
  • Data loss or corruption
  • Reputational harm
  • Incompatibilities or malfunctions related to third-party tools

5. License Fees and Cost Transparency

Studio BigBoy / All Brands Matter reserves the right to impose a yearly license fee for any third-party tools used in the Client’s project, should such costs be incurred or passed on to us by the software vendor.

However, we commit to the following:

  • License fees will only be applied if no lifetime license is available or in use.
  • Studio BigBoy / All Brands Matter will always seek cost-effective, lifetime license options first.
  • All costs will be communicated transparently and agreed upon in writing prior to implementation or renewal.

6. Unauthorized Access and Security Measures

In order to maintain the integrity and security of licensed environments, the Client agrees to notify Studio BigBoy / All Brands Matter in advance of any additional party (e.g., freelance developer, agency, internal staff) gaining administrative access to the website.

Should unauthorized access occur without such disclosure, Studio BigBoy / All Brands Matter reserves the right to:

  • Immediately suspend all technical services, including support, plugin access, and maintenance.
  • In the case of hosted environments, require the Client to migrate their website to an external hosting provider, particularly when cross-site risk or license misuse is detected.

These actions will only be enforced in cases where licensing liabilities or potential security vulnerabilities are introduced, especially when Studio BigBoy / All Brands Matter provides paid or lifetime software licenses as part of the service.

7. Plugin Maintenance and Vendor Responsibility

Studio BigBoy / All Brands Matter endeavors to use reliable and well-supported third-party plugins. However, the ongoing maintenance, support, and compatibility of these tools remain the sole responsibility of their respective developers or vendors.

We cannot guarantee continued functionality, backward compatibility, or timely support for third-party plugins, particularly after core WordPress or theme updates.

That said, Studio BigBoy / All Brands Matter will always strive to:

  • Minimize plugin-related issues through careful curation
  • Work with the Client to resolve any conflicts or errors
  • Offer practical alternatives or migration strategies when necessary

8. Maintenance Scope and Fair Support

Unless explicitly stated in a maintenance agreement, the resolution of plugin-related errors, version conflicts, or security patches is not automatically included in ongoing support packages.

Where needed, additional development or support time may be quoted separately. Studio BigBoy / All Brands Matter will, however, always act in good faith and with professional integrity to assist the Client in a fair and reasonable manner.

9. Security, Updates & Best Practices

We prioritize the use of tools that offer long-term licensing models, version stability, and clear update paths. However, in situations where plugins require regular updates or annual renewals, the Client may be asked to:

  • Approve continued use of such tools
  • Bear the cost of renewal (if no lifetime license exists)
  • Participate in planning safe update cycles or replacements

Studio BigBoy / All Brands Matter adheres to best practices in security, including regular assessments, plugin version tracking, and dependency management.

10. Termination and Transition

If the Client terminates their collaboration with Studio BigBoy / All Brands Matter, the following applies:

  • All third-party plugin licenses held by Studio BigBoy / All Brands Matter will be removed from the website or transferred to the Client upon purchase of their own licenses.
  • We will provide assistance in identifying and acquiring the correct versions, where needed.
  • No license or ongoing support is provided beyond the project’s termination unless otherwise agreed in writing.

11. Governing Law and Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with the laws of The Netherlands, without regard to its conflict of law principles. Any disputes arising under or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the competent courts in The Hague.

12. Modifications

Studio BigBoy / All Brands Matter reserves the right to amend or update these Terms & Conditions at any time. Any significant changes will be communicated in writing and require Client acknowledgment before taking effect.

For further clarification regarding any part of this Agreement, the Client is encouraged to contact Studio BigBoy / All Brands Matter directly.

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COC NO. 30259787  |  VAT ID NL001229736B52  |  IBAN (KNAB)  NL11 KNAB 0259 7495 08 ALL BRANDS MATTER SWIFT CODE KNABNL2H

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