Please let me be perfectly honest with you, Ben. This is a tough call. If I wanted to be fully by the book I'd just decline the refund and wave the Terms of Service on you. I don't like that, it makes me feel like a jerk. I believe we can do something that's fair to both of us. But first let me explain what gives and why. It will maybe help you see this issue from my point of view.
Normally we won't issue refunds in these cases since the compatibility information is public information or at the very least you could have asked a pre-sales question. When subscribing you have both acknowledged the no-refund policy (by accepting unreservedly the Terms of Service), that you accept the Refund Policy and that you are fully informed about the product. You did that by checking the respective boxes before paying. These boxes are forcibly unchecked on every page load and have the place of a legally binding signature. We have to follow this policy since our software is delivered unlocked, i.e. you could use it on as many sites as you want without having to get a license key or otherwise inform us about your decision. This policy is in strict compliance with the European Union consumer protection directive, most specifically Directive 2011/83/EU. You may want to refer to Article 16, §m and our Terms of Service to clarify the concept of waiving your right to a refund.
In plain English, you claim that you have only one very old WordPress site and you can't use the software. A refund would be fair for you if you're telling the truth. But if you are not telling the truth -which I have no way to test- it's not fair for me or for the other clients who'd have to pay a much higher price to offset the increased rate of fraud that comes with refunds (which is why other backup software costs three to six times as much as ours even though they have less features: they give refunds, they get defrauded, so they pass the cost to the legitimate clients of their software). That was the idea behind the EU allowing vendors, like us, to clearly decline refunds for downloadable products. It's a way to prevent fraud and keep digital content prices at reasonable levels.
Honestly, I don't think you are trying to defraud me. Or I just trust people too much :) In any case, I want to believe you and issue you a refund. However I can only do it in one condition which makes the proposition fair to both of us: if we determine that you have used the software on any other site or that a warez version is tracked to your download copy of the software we will raise an invoice for 100 Euros (plus VAT, if applicable) for every site installed, payable within 30 days. Do you agree with these terms? If you do I can proceed with the refund.
Nicholas K. Dionysopoulos
Lead Developer and Director
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