Apex

Terms of Use

Terms of Use

Last Updated: May 24, 2018

Welcome to Themeco (the “SITE” or “Themeco”). We maintain this SITE as a service to our visitors and customers. By using this SITE, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise use this site. It is your responsibility to re-read these terms before each visit and subsequent use of the Themeco SITE.

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to this SITE. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the SITE, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the SITE, and you should review this Agreement prior to each use of the SITE.

DEFINITIONS

“Themeco”, “us”, “we” or “our” refers to Themeco, LLC, of 1621 Central Ave, Cheyenne WY 82001 USA.

“Site” refers to the website or websites owned and controlled by Themeco.

“You” or “customer” refers to the person, company or organization that purchases a Themeco product or service.

“Party” refers to us or you, depending on the context.

“Agreement” refers to the terms and conditions outlined in this Terms of Use Agreement.

“Data Protection Legislation” refers to all applicable data protection laws, including the European Union’s GDPR.

“GDPR” refers to the General Data Protection Regulation ((EU) 2016/679).

DISCLAIMER OF WARRANTIES & LIABILITIES

Themeco has used reasonable efforts in collecting and preparing information and material for the site, but does not warrant that the material and information is complete or accurate. The material and information may contain inaccuracies or typographical errors.

Themeco makes no representations about the accuracy, completeness, reliability, or timeliness of the material or information. Changes are made to the site on a periodic basis and may be made at any time. Themeco disclaims any and all liability to any individual, organization or other entity for any loss or damage caused by errors or omissions contained in, or associated with, the Themeco SITE whether such errors or omissions arise from negligence, accident or any other cause.

THIS SITE AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO THEMECO, ITS SUPPLIERS, AGENTS, AND ITS AFFILIATES ARE PROVIDED ON AN AS IS AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. USE OF THIS SITE IS AT YOUR OWN RISK.

IN NO EVENT SHALL THEMECO, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS ALLEGED TO HAVE RESULTED FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE.

ALLOWED USAGE

With respect to the license terms below, a single use product license allows you the right to use the product purchased on one personal or client site. With respect to the license terms below, an unlimited use product license allows you the right to use the product purchased on an unlimited number of personal or client sites.

The following are examples of things you are NOT allowed to do:

  • Resell a product license as stock.
  • Transfer or sell a license key generated from an unlimited use subscription to another party.
  • Use a courtesy download found in your Themeco account to manually update a site or sites that do not have a valid and active single use or unlimited use license.

If you do work on behalf of a client and wish to transfer the license to them upon completion of a project, you must purchase a single use product license and contact us when you wish to do so at info@theme.co. Unlimited use product licenses can not be transferred. If you wish to maintain client licenses in your Themeco account, you may purchase either single use product licenses or an unlimited use product license.

In addition, no parts of our theme can be shared or repurposed for multiple end users (i.e. blog network or platform allowing users to share theme functionality in whole or part) unless a valid license exists for each end user. If you are found to be using any Themeco product in a manner that violates any of these terms, in whole or part, or we have reason to believe your usage is making abusive requests outside this scope, we reserve the right to block and/or remove your user account or access to products and/or services we provide. These include but are not limited to: automatic updates, demo content template importing, and product support.

AUTOMATIC UPDATES

Automatic updates of are made available to verified customers only through your Themeco account and licensing system. Automatic updates can only be used on domains where a unique and valid purchase of the software was made and subsequently verified. Automatic updates are expressly prohibited on any website(s) that violate any of these terms. Customers understand and provide permission for their site to be updated automatically as new versions are released. Furthermore, customers understand that this is an optional service, and they further agree that Themeco is not liable for any problems that may arise from opting in to automatic updates and activating them on a site.

THEMECO ACCOUNT

We invite all paying customers to create a Themeco account to verify their purchase, get support, unlock automatic updates, and engage in our support forums. By creating a Themeco account you agree to receive periodic emails. You can cancel anytime by clicking the unsubscribe link at the bottom of any non-system generated email however we caution against this as you may miss out on important product news.

PRODUCT SUPPORT

What is included with product support?

Product support includes any questions pertaining to features of the product. For example, if you have a question for how to use the bar feature in Pro, a member of our team will be happy to explain how it works. If you want custom code to change a core feature of the bar feature, that would not be covered.

What is considered a customization request?

A customization request is any request that looks to change something in the theme that can not be altered using native options.

Are Extensions supported?

Yes, we provide support for all Extensions including updates as they are made available from the developer. Please remember that while we provide support for bundled plugins, this does not mean we can or will provide custom changes to these plugins.

Each theme purchased includes our Extensions for your optional use with our theme only. These are a combination of tools we have developed in-house and third party plugins. We fully support each Extension as well as provide updates as they are available from the developer.

Some of the third party plugins are available for purchase directly from the makers of those tools if you want direct support from the product creators or access to premium resources they may make available to their customers. Your theme purchase code will not allow you to register for support from the creator of the plugin. Sometimes they will make bonus or extra files or resources available if you purchase from them directly. Keep in mind you are NOT required to purchase a license as the tool is provided with your purchase and supported by Themeco.

THIRD PARTY PLUGINS

Customers are certainly welcome to extend the functionality of their site with the use of third party plugins, however our policy is that unless they are integrated into the theme in some way or explicitly listed as supported (Extensions), then we can not provide support or guarantee compatibility. The implementation, customization, and troubleshooting of any issues that may arise are the responsibility of each customer. Technically speaking, since our products developed according to development best practices, any well developed third party plugin should play nicely, however due to the virtually limitless nature of things that can and often times do go wrong with software, we can’t support something that we have not first developed or integrated into the theme. For plugins that are integrated into the theme, support covers product related questions (no customizations).

ACCESS

Only one account can be registered per license or subscription unless otherwise stated.

LINKS TO OTHER SITES

Themeco may include links to third party web sites. These links are provided as a convenience to our site visitors and not as an endorsement of the contents of these third party web sites. Themeco is not responsible for the content of these linked, third party web sites, has no control over them and makes no representations regarding their content, accuracy, or completeness. If you decide to access these linked, third party web sites, you do so at your own risk. Themeco may receive a commission on some or all of the sites it links to when a visitor referred by Themeco makes a purchase, signs up for a trial, becomes a member, or any similar action on those sites.

Themeco may discontinue or change the SERVICE, or its availability, at any time without notice. The rights and obligations of this Agreement are not assignable. If any provision of this Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect.

SERVICES

If you order a paid service from Themeco, you agree that Themeco is not responsible for any damages, in whole or in part, that may result as part of using services purchased. This includes, but is not limited to, site downtime, broken custom code, or loss of revenue or business.

CUSTOMER SUPPORT

Pre-Sales or General: Feel free to ask all pre-sales questions by contacting us.

Post-Sales: Customer questions are handled through your Themeco account. You can register or login.

DATA PROTECTION FOR EU CUSTOMERS

The following sections apply to customers within the EU (European Union) for the purposes of compliance with GDPR. Any definitions used hereafter and not previously defined shall have the definition set out in the EU’s GDPR.

The customer and Themeco acknowledge that as it pertains to Personal Data provided to us for the provision of product support, you are the Controller and we are the Processor, and that you retain control of the Personal Data and remain responsible for its compliance obligations under Data Protection Legislation. We may process the Personal Data that you provide to us only to the extent that it is strictly necessary under this Agreement and/or any further written instructions from you that are mutually agreed upon in writing. Each party agrees to comply with all applicable requirements of the Data Protection Legislation.

Further, both you and us agree keep all Personal Data confidential except as required by law. If either you or we are required by law, court, regulator or supervisory authority to process or disclose any Personal Data, each party shall first inform the other of this to enable the objection or challenge to the requirement, unless the law prohibits this disclosure.

OUR DATA PROTECTION OBLIGATIONS

Themeco agrees that:

  • We will implement appropriate technical and organizational measures in such a manner that processing will meet the requirements of Data Protection Legislation and ensure the protection of the rights of the Data Subject;
  • We will only process the Personal Data on documented instructions from you, unless required to do so by Data Protection Legislation to which we are subject;
  • We will ensure that persons authorized to process the personal data (such as its employees or contractors) have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
  • At your request, we will delete or return all the Personal Data to you after the termination or expiry of this Agreement and delete existing copies (unless we are legally required to store the Personal Data);
  • We will ensure that we have appropriate technical and organizational measures in place where, at our determination and discretion, this is reasonably and commercially possible, in order to fulfill obligations under Data Protection Legislation;
  • Taking into account the nature of the processing, we will assist you by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of your obligation to respond to requests for exercising the Data Subject’s rights under Data Protection Legislation;
  • We will take reasonable steps to assist you in ensuring compliance with the obligations set out in Articles 32 to 36 of the GDPR (data breach) taking into account the nature of processing and the information available to the Processor; At our determination, or as compelled by Data Protection Legislation, we will take reasonable steps to assist you in ensuring compliance with the requirement to carry out Data Protection Impact Assessments as set out in Article 35 of GDPR, taking into account the nature of processing and the information available to the Processor;
  • Where compelled to do so under Data Protection Legislation and not otherwise in accordance with the fulfillment of the Agreement, we will promptly comply with any request by or instruction from you to process the Personal Data, or to stop, mitigate or remedy any unauthorized processing;

YOUR DATA PROTECTION OBLIGATIONS

When you give us access to your personal data, you agree:

  • That you have all necessary rights to provide us with the Personal Data for processing in connection with products or services provided by us.
  • That you will not request of us, any processing of Personal Data that may infringe the Data Protection Legislation. Should you do so, we will decline your request and inform you why we have done so.
  • That are you responsible for obtaining any consent from data subjects necessary for the processing that we undertake on your behalf;
  • That you must determine the lawfulness of any processing and perform any required data protection impact assessments, and that you are accountable to any authority under the Data Protection Legislation;
  • That you have put in place appropriate technical and organizational measures as required under the Data Protection Legislation. In the context of providing us with access to websites under your control, this may require you to hold suitable backups of data before you grant access to us.

WHO TO CONTACT

If you need to contact us in respect of any obligation of yours under this Agreement, then you should email us at info@theme.co.