Terms of Service

Terms of Service and Support

Introduction

This is the “Terms of Service and Support” policy for products and services provided by Lucky Marble Solutions Corp dba Pegasaas (Pegasaas).

Table of Contents

  1. General Terms
  2. Products and Services covered under this policy
  3. Acceptable Use Guidelines
  4. Support and Service Guidelines
  5. Compatibility
    1. Web Hosting
    2. Themes/Page Builders/Frameworks & Plugins
    3. Third Party Scripts
  6. Other Limitations
    1. Images
  7. Updates
  8. Search Engine Rankings
  9. Cancellation and Refunds
  10. Intellectual Property
  11. Disclaimer of Warranty
  12. Governing Law

1. General Terms

  • The subscription, download of plugin, or use of our service indicates your acceptance of this agreement.
  • Pegasaas reserves all rights not expressly granted herein and the right to update this sets of terms at any time.

2. Products and Services Covered Under This Policy

This includes, but is not limited to:

  • Pegasaas Accelerator WordPress Plugin
  • Pegasaas API
  • Pegasaas Support
  • Pegasaas Web Performance Services
  • Any other product or service developed or given by Pegasaas or any of its agents

3. Acceptable Use Guidelines

Being polite and courteous is a requirement of all correspondence done with Pegasaas. You will attract a much better response being gracious than if you were to be belligerent.

We reserve the right to limit the service or support we offer to you, which could include the termination of our relationship with you, without any compensation to you (this includes revoking any possible reason to issue a refund), should your behaviour, in corresponding with us, meet any of the following reasons:

  • Use of any rude, vulgar, lewd, or profane language.
  • Issuing threats of any manner
  • Being aggressive or belligerent in any way

4. Support and Service Guidelines

  • Standard Support for the Pegasaas Accelerator product is included with your subscription.  Standard support includes a response time of 24-48 hours.
  • Priority Support is an extension of Standard Support, which moves your ticket into a priority status for review.   There is an additional charge for Priority support.
  • All support is provided via our ticket system only and is not available via telephone.

5. Compatibility

A. Web Hosting

Web hosting is possibly the very first aspect of website performance that you should address.  If your website is on a slow server, it will take longer to load.

Not all web hosting platforms respond equally to our API and WordPress plugin.  An example of a type of web hosting platform that may not respond in an intended manner are:

  • Slow hosting platforms
  • Metered hosting platforms
  • Resource limited hosting platforms

Slow hosting platforms are identified by their response to page requests being longer than is typical.  An average web host will have the WordPress dashboard login page respond in under 3 seconds.  If your host takes longer to respond, then it would be considered “Slow”.  If you find yourself on a slow hosting platform, you should consider switching to a web host that provides faster servers.

Known Slow Hosting Platforms

  • GoDaddy – The shared hosting plans from GoDaddy often take 6-10 seconds to respond.

Metered hosting platforms are those that limit the number of hits or CPU cycles for a given time period.   These platforms are normally very fast. Some metered hosting platforms will suspend your account if you exceed the allotted number of hits or CPU cycles for a given time period, others may bill you above and beyond your subscribed plan.

Known Metered Hosting Platforms

  • SiteGround – The shared hosting plans from SiteGround are very fast, but are metered for any given 2 hour period, as well as 24 hour period.

Resource limited platforms are those that limit the number of PHP worker processes.  This means that the sever often runs very fast, but you can only sustain the use for short periods of time.  Often, these resource limited platforms will begin to display “Bad Gateway” errors if too many hits to the PHP system are incurred over a short period of time.

Known Resource Limited Platforms

  • Kinsta – All of the plans from Kinsta include a limited number of PHP worker processes.  While this is normally fine in a environment where the front end pages are cached and additional hits to the cached pages do not incur any PHP resource usage, when Pegasaas is initially optimizing and scanning your site for your PageSpeed scores, the API is responding to the WordPress AJAX system which will incur resource usage.  In order not to overload the limited number of PHP worker processes on Kinsta, Pegasaas slowly drip feeds the optimizations and scores back to the WordPress system.

Pegasaas automatically throttles the API responses accordingly for slow, metered, and resource limited web hosting platforms, so as not to cause your web server to become unresponsive.  This will result in a longer period to optimize your WordPress website.

B. WordPress Themes, Page Builders, Frameworks, and Plugins

Different WordPress themes, Page Builders, Frameworks and Plugins can affect the display of a web page in unexpected ways.  While many WordPress web pages and sites will respond very well to the Pegasaas Accelerator, there are some third-party Themes, Page Builders, Frameworks and Plugins that when installed will cause undesired results that may not be rectified.

If you find yourself with a third-party solution that conflicts with, or does not achieve great PageSpeed scores, we will investigate to see what we can do to improve the Pegasaas Accelerator plugin’s compatibility.   There may be limitations to how much optimization your web pages can experience with third-party plugins.

Known Issues with Themes

  • Themify uses components that require the jQuery library to be loaded in order to be rendered.  In an optimized environment where JavaScript is no longer render-blocked, this will result in a short flash of unstyled content, as well as a continued “Render Blocking Resources” penalty, and “Prioritization of Visible Content” penalty.  Your web pages will load significantly faster, however the PageSpeed scores may not reflect this.

Known Issues with Plugins

  • Really Simple SSL injects its code into the bottom of the .htaccess file.  In order for Really Simple SSL to work correctly, it needs to have the .htaccess instructions placed at the top of the file.

C. Third Party Scripts

While we attempt to optimize all third party scripts, there are some which cannot be fixed due to usage policies, or dynamic JavaScript injection of additional resources.  If you include these scripts within your web pages, expect that they will result in a small PageSpeed penalty.

Known Issues with Third Party Scripts

  • Google Analytics (1 point)
  • Google Tag Manager (1 point)
  • YouTube video (5 points) — this can be mitigated by using our YouTube lazy loading
  • Yandex Metrica (1-2 points)
  • Intercom (1-2 points)

6. Other Limitations

A. Images

Images are automatically optimized by the Pegasaas system.  That being said, it is your responsibility to size your images according to the container that they reside in within your web page, or provide a width and height attribute in the “img” html tag.  If you provide a width and height attribute for an image, Pegasaas will automatically size the image as well as compress it.

If you do not size your images appropriately, or do not provide appropriate width/height attributes in the image attributes, those images may be perceived by Google PageSpeed Insights as being too large, which may result in an “Image Optimization” penalty.

7. Updates

We periodically update our plugin with new features and patches to resolve any discovered compatibility issues.  If you choose to update the plugin through the plugin dashboard, understand that the updated version may not operate the same as previous version.

We recommend you run a backup utility that you can use to restore the previous version, should you find the updated version is not to your liking.  Currently, we do not provide any facility to revert to older versions of the plugin.

8. Search Engine Rankings

We are not responsible for how your web pages are ranked by search engines (example: “Google”, “Bing”, “Yahoo”, etc).  While having a faster website is beneficial to your rankings as well as retaining your visitors, your rank position is also determined by many other factors as well.

If you have not also optimized your website for on page as well as off-page factors, you should consider hiring an SEO or SEM firm to market your site for the search engines.

9. Cancellation and Refunds

You can cancel at any time.  If you sign up for the trial but forgot to cancel your subscription, if your payment was made in the last 30 days, we will refund your payment.

10. Intellectual Property

The content found on Pegasaas.com is the exclusive property of Lucky Marble Solutions Corp, which the holds the rights to any and all related intellectual property.

 

By subscribing to the Pegasaas Accelerator plugin and API, you are granted license to use the product on one site per API key.  Some plans may include the ability to create multiple-licenses which will allow you to deploy the plugin on a determined number of multiple sites.

By downloading the  product, you agree not to copy, reproduce or attempt to resell the Pegasaas Accelerator plugin or any of the code provided within it.

The granting of a license for use of the Pegasaas Accelerator does not include the transfer of intellectual property rights for the product.

11. Disclaimer of Warranty

  • All products and services, in part or in whole, are sold, or in some cases given away, “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED.
  • Because of the various hosting environment or third-party software installed in the website that  Pegasaas Accelerator may be installed to, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OF ANY KIND IS OFFERED.
  • The user must assume the entire risk of using the product.
    THE LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO ONE THE COST OF ONE MONTH’S SUBSCRIPTION ONLY.
  • Pegasaas is not responsible for the user’s level of ability to use the software required (WordPress) to install and operate Pegasaas.

12. Governing Law

  • This agreement shall be governed by International Copyright Laws, International Treaty Provisions and the laws of Canada.
  • By accepting and installing any product or service purchased from Pegasaas, you understand and agree to the terms and conditions of this license. If you do not agree to these terms, do not download, install, copy, subscribe to, or use the product or service.