Terms of Service

Last Updated: December 2022

YOOtheme GmbH (“YOOtheme“, “we”, “us”, or “our”) provides web software (the “Software“) and services (the “Services“) accessible through the yootheme.com website. The Software is licensed under the GNU General Public License (GPL). When using the Software, you receive all rights granted under the GPL. These Terms of Service govern your access to and use of our website and its Services. By using the Services in any way, you are agreeing to comply with these Terms of Service and our Privacy Policy.

Accounts

When creating an account to use our Services, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with your about your account. We may need to send emails about important updates (like changes to these Terms of Service or our Privacy Policy), or to inform you of legal inquiries we receive about how you use the Services so you can make informed choices in response.

You are solely responsible and liable for all actions performed under your account. It is your responsibility to maintain the security of your account (including your password, username and email address). You agree to notify us immediately of any unauthorized use of your account. If we believe your account has been compromised, we may suspend or disable it.

We consider the account owner the person who has access to the email address of the created account and not the person who paid for the account. The owner is not allowed to grant others access to the account. If the owner is a corporation (or using the account on its behalf), one authorized employee can access the account.

Eligibility

Our Services are not intended to be used by children. You are not allowed to access or use our Services if you are under the age of 13 (or 16 in Europe). If you are older, but under the age of 18, you can only use our Services under the supervision of a parent or legal guardian who agrees to these Terms of Service.

Fees, Payment, and Renewal

By using our Services, you agree to pay the specified recurring fees charged via credit card or our payment service provider. The fees may differ depending on the jurisdiction based on taxes which will be added during checkout. You are responsible for reporting and paying all taxes, as applicable to your country of purchase.

The fee is billed up front for one (1) year subscription period. The subscription begins on your purchase date. You authorize us to automatically charge the applicable fees and taxes annually until the subscription is canceled, which you can do any time by logging into your YOOtheme account and navigating to Subscriptions. If you received a discount or used a coupon code, your subscription will automatically renew for the full price of the subscription by the end of the discount period. You must cancel at least one month before the scheduled end date of the subscription. If you’ve purchased multiple subscriptions, you may have multiple renewal dates. There will be no refunds or credits for partial use, downgrade refunds, or refunds for unused subscription time.

We reserve the right to change our fees at any time after notice is provided, either by email or through posting of such notice on our website. If you don't agree with these changes, you must cancel your subscription.

Updates and Support

When you purchase a subscription, you’ll receive access to any necessary downloads along with updates and support for the specific subscription you have purchased as long as the subscription is active. If the subscription is canceled you have to renew your subscription if you’d like continued access to updates or support, or if you need to download any files again.

Updates will be only available to the websites which you bought the subscription for. Support is provided for Software only under the specific subscription you purchased and exclusively provided through the YOOtheme support system. We do not provide support for customization, alteration or feature addition, nor do we guarantee that our products will be compatible with third-party software or services.

Warranties

You warrant that by using our Services you shall comply with all applicable laws, rules, and regulations, including without limitation applicable privacy and data protection laws and applicable export or import controls, regulations, and sanctions.

Intellectual Property

All materials related to our website or Services, the Services themselves, and all Intellectual Property Rights contained therein or related thereto, including text, graphics, photos, videos, trademarks, logos, sounds, music, user interfaces and source code is owned by or licensed to us and is protected by copyright, trademark and other E.U./European and foreign laws. These Terms of Service do not grant you any right, title or license to copy, reproduce, sell, or otherwise distribute any part of the intellectual property.

Acceptable Use Policy

It is not allowed to rent, sell, resell, sublicense or otherwise permit a third party to make any use of your account. This includes distributing, selling or reselling your API keys or transferring them to another owner. The API keys can only be used on websites that you own or manage.

Termination

We reserve the right in our sole discretion to terminate your access to the Services without prior notice for any or no reason, including the violation of the Terms of Service, the rights of any person or the law.

Changes to the Service

We reserve the right, which we may exercise in our sole discretion at any time without liability or prior notice, to change, suspend, limit or discontinue parts or all of our Services or your access to the Services and your account.

Disclaimer

Our Services are provides "as is". YOOtheme disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability and fitness for a particular purpose and non-infringement. YOOtheme does not warrant that our Services will be error-free or that access thereto will be continuous or uninterrupted. The use of our Services is at your own risk.

Limitation of Liability

YOOtheme, its suppliers, partners or licensors, are not liable for any direct or indirect, incidental, special or consequential damages, the cost of procurement for substitute products or services, for interruption of use, corruption, or loss of data, or for any other injury arising out of the use or inability to use our Services. Our liability is limited to the fees you paid to YOOtheme under the Terms of Service during the twelve (12) month period prior to any damage occurring.

Indemnification

You agree to indemnify, defend, and hold YOOtheme, and anyone on our behalf, including but not limited to, our owners, directors, managers, employees, suppliers, partners or licensors harmless from and against any losses, liabilities, demands, damages, costs, claims, and expenses, including without limitation reasonable attorneys’ fees arising from or related to: (a) your use of our Services, (b) your violation or breach of these Terms of Service, (c) your violation of any agreement with a provider of third-party services used in connection with our Services, or (d) any content you submit on our website.

Amendments to These Terms

The Terms of Service are subject to change at any time, without prior notice. We will provide notice of the changes by posting the amended Terms of Service and updating the “Last Updated” date. If the changes, in our sole discretion, are material, we may notify you through our Services or other communication channels. Any changes will be effective immediately. You are responsible for reviewing these Terms of Service on a regular basis. If you continue to use our Services and website following such update, you agree to be bound by the new terms.


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