Terms of Service
These Terms of Service govern your access to and use of the Doothemes website, products, downloads, and services operated by EWS Networks. They explain your rights and responsibilities, the license granted for our WordPress products, and the disclaimers, limitations of liability, and indemnities that apply, including your sole responsibility for any use you make of our products.
1. Acceptance of These Terms
These Terms of Service ("Terms") form a binding agreement between you ("you", "your", or "User") and EWS Networks ("EWS Networks", "Doothemes", "we", "us", or "our") regarding your access to and use of the website at doothemes.com, its subdomains, and all related products, digital downloads, updates, support, forums, and services (collectively, the "Services").
By accessing, browsing, registering for, purchasing, downloading, or otherwise using the Services, you confirm that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy and Refund Policy, which are incorporated by reference. If you do not agree with any part of these Terms, you must not use the Services.
2. Definitions
For the purposes of these Terms:
- Products means the WordPress themes, plugins, child themes, frameworks, software, code, and other digital goods made available through the Services.
- Account means the registered account you create to access and purchase the Services.
- License means the right to use a Product as described in Section 6.
- User Content means any content you submit, post, or publish through the Services, including forum posts, comments, and support messages.
- Your Sites means any websites, applications, or projects that you build, operate, or distribute using our Products.
3. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, and have the legal capacity to enter into a binding contract in order to use the Services. By using the Services, you represent and warrant that you meet these requirements and that all information you provide is accurate, current, and complete.
4. Accounts and Registration
To purchase or download certain Products, you must create an Account. You agree to provide accurate and complete information and to keep it up to date. You are solely responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account.
You must notify us immediately of any unauthorized use of your Account or any other breach of security. We are not liable for any loss or damage arising from your failure to safeguard your credentials.
5. Our Products and Digital Delivery
Our Products are digital goods delivered electronically through download. No physical goods are shipped. You are responsible for ensuring that your hosting environment, server, and WordPress installation meet the requirements stated for each Product.
Some Products, or components within them, may be subject to separate open-source licenses (such as the GNU General Public License applicable to certain WordPress code). Where such licenses apply, they govern those specific components; these Terms govern your relationship with us and your use of the Services as a whole.
6. License Grant
Subject to your full compliance with these Terms and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable License to install and use the relevant Product in accordance with the scope of the license tier you purchased (for example, the permitted number of websites or installations).
All rights not expressly granted to you are reserved by us and our licensors. This License does not transfer any ownership of the Products to you.
7. License Restrictions and Prohibited Uses
Except as expressly permitted by these Terms or by applicable mandatory law, you must not:
- Resell, redistribute, sublicense, rent, lease, lend, or otherwise make a Product available to any third party as a standalone item.
- Remove, alter, or obscure any copyright, trademark, license key, or other proprietary notices contained in a Product.
- Claim authorship of a Product or represent it as your own original work.
- Use the Services or Products for any unlawful, fraudulent, infringing, or harmful purpose.
- Use a Product to create, host, or distribute content that infringes the intellectual property, privacy, or other rights of any third party, or that violates any applicable law.
- Attempt to gain unauthorized access to, interfere with, or disrupt the Services, our servers, or our security measures.
- Use automated means to scrape, harvest, or overload the Services.
We reserve the right to investigate and take appropriate action against any violation of this Section, including suspension or termination of your Account and License.
8. Your Responsibility for Use and Content
You acknowledge and agree that you are solely and exclusively responsible for how you use our Products, for Your Sites, and for all content you create, publish, store, or distribute through them. This includes obtaining all rights, licenses, consents, and permissions required for any content you make available, and complying with all laws and regulations applicable to your activities, including those relating to intellectual property, copyright, data protection, consumer protection, and content.
We do not monitor, control, endorse, or assume any responsibility for Your Sites, your User Content, or the manner in which you or any third party uses our Products. Any use of our Products that is inappropriate, unintended, unauthorized, or unlawful is your sole responsibility, and you assume all associated risks and liabilities. We provide the Products as tools only and are not a party to, and bear no responsibility for, anything you build or distribute with them.
9. Intellectual Property
The Products, the Services, and all related materials, including the "Doothemes" and "EWS Networks" names, logos, designs, text, graphics, and code, are owned by or licensed to us and are protected by intellectual property laws. Except for the limited License granted in Section 6, nothing in these Terms transfers any intellectual property rights to you.
If you choose to provide us with suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without obligation to you.
10. Orders, Pricing, and Payment
Prices for Products are displayed on the Services and may change at any time. You are responsible for any applicable taxes, duties, or charges. Payments are processed by third-party payment providers, and by completing a purchase you authorize the applicable charge.
We reserve the right to refuse or cancel any order, and to correct any pricing errors, even after an order has been submitted. We may also modify, suspend, or discontinue any Product at any time.
11. Refunds
All purchases are subject to our Refund Policy. As a general rule, our Products are digital and downloadable, and we do not offer refunds except in the limited circumstances described in that policy. By purchasing, you agree to its terms.
12. Updates, Maintenance, and Support
We may, at our discretion, provide updates, improvements, or fixes for our Products, but we are under no obligation to do so. Support may be offered to verified customers through our support forum and other channels, subject to availability and any applicable support terms.
We do not warrant that the Services will be available without interruption, error-free, or compatible with every hosting environment, server configuration, plugin, or third-party service. We may modify, suspend, or discontinue all or part of the Services at any time.
13. Third-Party Services and Links
The Services and Products may interact with, link to, or rely on third-party websites, plugins, services, or content that we do not own or control. We are not responsible for the availability, accuracy, security, or practices of any third party, and your use of any third-party service is at your own risk and subject to that third party's terms.
14. User Content and Community
You retain ownership of your User Content. By submitting User Content to our forums or other community areas, you grant us a non-exclusive, worldwide, royalty-free license to host, display, and use that content for the purpose of operating and improving the Services.
You are responsible for your User Content and agree not to post anything unlawful, infringing, abusive, or otherwise objectionable. We may, but are not obligated to, review, moderate, or remove User Content, and we may restrict or terminate access for violations of these Terms.
15. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Services and Products are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory.
We expressly disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Products will meet your requirements, operate without interruption or error, be free of vulnerabilities, or function in every environment or server configuration. Any material you download or use is obtained at your own discretion and risk.
16. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall EWS Networks, Doothemes, or our owners, affiliates, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or in connection with your access to or use of (or inability to use) the Services or Products, regardless of the legal theory and even if we have been advised of the possibility of such damages.
Without limiting the foregoing, we shall not be liable for any damages, losses, or claims arising from or related to: (a) your use, misuse, inappropriate use, or unlawful use of any Product; (b) Your Sites or your User Content; (c) any content created, hosted, or distributed by you or by third parties using our Products; (d) third-party services, plugins, or websites; or (e) your server, hosting, or configuration.
To the maximum extent permitted by applicable law, our total aggregate liability for all claims relating to the Services or a Product shall not exceed the amount you actually paid to us for that Product during the twelve (12) months preceding the event giving rise to the claim.
Some jurisdictions do not allow certain limitations or exclusions of liability, so some of the above may not apply to you. In such cases, our liability is limited to the smallest extent permitted by law.
17. Indemnification
You agree to indemnify, defend, and hold harmless EWS Networks, Doothemes, and our owners, affiliates, employees, agents, and licensors from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use or misuse of the Services or Products; (b) Your Sites or your User Content; (c) your violation of these Terms or any applicable law or regulation; or (d) your infringement or violation of the rights of any third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with us.
18. Compliance with Laws
You are responsible for ensuring that your use of the Services and Products, and the operation of Your Sites, complies with all applicable laws, regulations, and third-party rights at all times. You must not use our Products in any way that would cause us to violate any law or that exposes us to liability.
19. Termination
We may suspend or terminate your access to the Services, your Account, or your License at any time, with or without notice, if you violate these Terms or if we reasonably believe your conduct may harm us, other users, or third parties.
Upon termination, your right to use the affected Products and Services ceases immediately. Sections that by their nature should survive termination, including those relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law, will continue to apply.
20. Modifications to the Services and Terms
We may modify the Services and these Terms at any time. When we make material changes, we will update the "Last Updated" date above and, where appropriate, provide additional notice. Your continued use of the Services after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services.
21. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of Peru, without regard to its conflict-of-law principles. You agree that any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the competent courts of [your city / jurisdiction], unless otherwise required by applicable mandatory law.
22. General Provisions
- Severability — If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- Waiver — Our failure to enforce any right or provision will not constitute a waiver of that right or provision.
- Assignment — You may not assign or transfer these Terms without our prior written consent. We may assign them freely in connection with a merger, acquisition, or sale of assets.
- Force Majeure — We are not liable for any failure or delay caused by events beyond our reasonable control.
- Entire Agreement — These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and us regarding the Services and supersede any prior agreements.
23. Contact Us
If you have any questions about these Terms of Service, please contact us:
- Company: EWS Networks
- Website: doothemes.com
- Email: [email protected]