These Terms & Conditions (“Agreement“) govern your purchase and use of digital products and services (including, without limitation, plugins, themes, software licenses, and maintenance service packages) (“Products” and “Services“) offered by AnyApe (“Seller“). By placing an order or otherwise using any Products or Services, you (“Customer“, “you”, or “Licensee”) agree to be bound by this Agreement in full. If you do not agree, do not purchase or use the Products or Services.
1. Definitions
- “Customer Data”: Any data, content, code, or materials provided by you in connection with the Services.
- “License”: A paid, full-function license with usage limits as defined in the specific license terms.
- “Maintenance Services”: Ongoing support, updates, and other services as described in your selected maintenance package.
- “License Key”: A unique alphanumeric code enabling activation of the Product under the terms of your license.
2. Scope of Agreement
This Agreement applies to all purchases of digital products and Services from Seller’s storefront or related sales channels. It supersedes any other agreements or understandings between the parties, whether written or oral, regarding the same subject matter.
3. Order Acceptance & Payment
- Order Acceptance: All orders are subject to acceptance by Seller. Seller reserve the right to refuse or cancel any order at their sole discretion, including orders that appear to contain fraudulent or illegal activity, or if pricing errors are discovered.
- Payment Terms: Full payment is due at time of purchase. Seller accept major credit cards and other methods as displayed at checkout. Taxes (if any) are added at checkout per applicable law.
- Prices: All prices are quoted in USD and exclude applicable taxes unless otherwise specified. Seller may adjust prices at any time, but changes will not affect orders already accepted.
4. License Grant & Restrictions
- Grant of License
Upon full payment, Seller grants you a non-exclusive, non-transferable, revocable license to use the Product in accordance with your license type and any usage limits (e.g., number of sites, users, or installations). - License Restrictions
Unless expressly permitted, you agree not to:- Distribute, sublicense, sell, or rent the Product or any derivative works.
- Reverse engineer, decompile, or otherwise attempt to derive the source code.
- Remove or obscure any proprietary notices or labels.
- Use the Product in any manner that violates applicable law or infringes third-party rights.
5. License Termination & Cancellation
- Automatic Termination: Your license and any associated access (including support and updates) may be terminated immediately at Seller’s sole discretion if you breach any term of this Agreement.
- Voluntary Cancellation: Seller reserve the right to cancel any license or subscription at any time, for any reason or for no reason, effective upon notice. Upon cancellation, your access to updates, support, and download links will cease.
- Post-Termination Use: Upon termination or expiration of your license, unless stated otherwise, you must immediately cease all use of the Product, delete all copies in your possession or control, and destroy any associated materials. No refunds shall be provided for terminated licenses.
6. Refund Policy
All sales are final.
No refunds, returns, or credits will be issued for any purchased Product or Service, including but not limited to:
- Change of mind
- Incompatibility with your system or other plugins/themes
- Unmet expectations regarding features or performance
- Early termination of subscriptions or maintenance packages
By completing your purchase, you expressly acknowledge and agree that you will not be entitled to any refund under any circumstances.
7. Maintenance & Support Services
- Scope of Maintenance Plans
Maintenance service packages may include updates, upgrades, bug fixes, and limited email or ticket-based support. Specific service levels, response times, and coverage details are set forth in the plan description. - Service Availability
All Services are provided “as is” without warranties regarding availability, latency, or performance. Seller may modify or discontinue Services at any time without notice. - Customer Responsibilities
You must:- Maintain appropriate backups of your systems and data.
- Provide sufficient information and access necessary to troubleshoot issues.
- Use compatible environments for installation and operation.
8. Intellectual Property
- Ownership: Seller retains all right, title, and interest (including all intellectual property rights) in and to the Products and Services, including any updates or enhancements.
- Customer Feedback: Any suggestions, feedback, or ideas you submit may be used by Seller without restriction or compensation.
9. Disclaimer of Warranties
To the maximum extent permitted by law, Seller provides all Products and Services “AS IS” and “AS AVAILABLE,” without any warranty of any kind. Seller expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation:
- Any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
- Warranties arising from course of dealing or trade usage.
- That Products will meet your requirements or operate uninterrupted, error-free, or without defects.
10. Limitation of Liability
IN NO EVENT shall Seller, its affiliates, officers, directors, employees, agents, or suppliers be liable for any indirect, incidental, special, punitive, or consequential damages—including but not limited to loss of revenue or profits, loss of business, data loss, system downtime, or damages to property—arising out of or related to this Agreement, regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if Seller has been advised of the possibility of such damages.
Total Aggregate Liability of Seller for any claim arising under this Agreement shall not exceed the amount actually paid by you for the specific Product or Service giving rise to the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless Seller and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your breach of this Agreement.
- Your negligence or willful misconduct.
- Your violation of any laws or third-party rights.
- Use or distribution of Products beyond the scope of the license grant.
12. Third‑Party Components
Some Products may include or rely on third‑party software or services. Your use of such components is subject to the relevant third‑party licenses. Seller disclaims all liability with respect to third‑party products; such products are provided “AS IS” by their respective owners.
13. Compliance with Laws
You agree to comply with all applicable local, state, national, and international laws, regulations, and ordinances in your use of the Products and Services. You shall not use the Products or Services for any unlawful or fraudulent purposes
14. Changes to Terms
Seller reserves the right to modify or update these Terms & Conditions at any time by posting the revised version on this website. Changes become effective upon posting. Your continued use of Products or Services after such changes constitutes acceptance of the new Terms.
15. Severability
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
16. Entire Agreement
This Agreement constitutes the entire understanding between you and Seller regarding the subject matter herein and supersedes all prior or contemporaneous agreements, communications, and understandings, whether written or oral.
17. Governing Law & Dispute Resolution
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of France, without regard to conflict of laws principles.
- Venue: Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Paris, France.
- Waiver of Jury Trial: To the maximum extent permitted by law, you and Seller waive any right to a jury trial in any action or proceeding arising out of or relating to this Agreement.
18. Contact Information
If you have questions or concerns about these Terms & Conditions, please contact [email protected]