Terms of use – Themes Generator

These Terms of Service are a contract between ZIMA Development, S.L (from now own ZIMA) and you. These terms cover the use of and access to themes, widgets, data and other services (collectively, the “Services”) provided by Themes Generator at themesgenerator.com.

By subscribing, using or accessing the Services, you’re agreeing to these Terms, our Privacy Policy, and any other legal notices or guidelines posted on the Site. If you are using our Service for an organization, you are agreeing to all terms on behalf of that organization. If you don’t agree to all the terms in this Agreement, you may not use or access the Services.

YOUR CONTENT

You are the sole responsible for all the information, photographs, graphics, text, services or other materials that you post on a web via Themes Generator Services. You are the only responsible of all the Content that you generate using our service. Under no circumstances will we be considered a publisher of any Content or liable for your Content including, but not limited to, any errors or omissions in your Content, or any loss or damage of any kind incurred by you or any other party as a result of the use of any Content posted, transmitted or otherwise made available via the Service.

You acknowledge that We do not pre-screen Content, but that We shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in Our sole discretion. We shall also have the right to remove any Content at any time and for any reason, with or without notice. You must evaluate, and bear all risks associated with, the use of any Content.

You are the sole responsible for keeping a backup of everything uploaded and designed using Theme Generator. Under no circumstances will we be responsible for the loss of your content and we will not warranty the recovery of it.

DISCLAIMER OF WARRANTIES

The service, including the site and content, and all server and network components are provided on an “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law and iridize expressly disclaims any and all warranties, representations and conditions, whether express or implied, including, but not limited to, merchantability, fitness for a particular purpose, title, non-infringement. Iridize disclaims any warranty that the service will be free of virus or error, uninterrupted, timely, or secure. No information or advice obtained by you from iridize or through the service shall create any warranty not expressly stated in these terms.

Themes Generator works with the latest versions of Chrome, Firefox and Safari. In the case of any major browser update would not be compatible with Themes Generator, our development team will do their best to provide a solution. Anyway, we cannot guarantee solutions over products that are not yet in the market.

Themes Generator is not liable for any errors or damages in our themes, caused by users. In no event shall Themes Generator be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use any of our products or the data they create.

We cannot and do not guarantee the continuous, uninterrupted or error-free operability of any Application or Service or that any Application or Service will respond at a certain speed (since this depends on a number of factors outside our control).

RESERVED RIGHTS

We reserve the right to change the prices of any of our products without prior notice and at our sole discretion. We reserve the rights to make changes to these ‘terms and conditions’ without any prior notice at our sole discretion.

ACCESS TO THE WEB APP AND SERVICES

When Themes Generator was first launched in August 2018, users would access Themes Generator in three ways:

a) by creating an account with us in Responsive-muse.com (a template and widget provider owned by ZIMA). Once your account is created, you may log into themesgenerator.com and the tool (Themes Generator web application tool) is made available to you immediately.

b) by purchasing Premium Access in Responsive-muse.com and gain access the all the widgets, templates and Themes Generator. You may use your Responsive Muse credentials to access Themes Generator.

b) by creating an account in https://themesgenerator.com/register

As Themes Generator’s community considerably grew in the following months, starting from this date XXXXXXXX, you may access Themes Generator by:

A) creating an account in https://themesgenerator.com/register

B) purchasing one of the Themes Generator premium subscriptions (1, 6, 12 months).

You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to access an Application from that device. You accept responsibility, in accordance with these terms and conditions, for all access to, and use of, Themes Generator by you on any device, whether or not it is owned by you.

REFUND POLICY

You are responsible for thoroughly trying Themes Generator (free option) before purchasing a premium subscription. This means that you can only ask for a refund/partial refund if we cannot provide you all the extra benefits that this subscription implies.

You acknowledge and agree that this is the case and that, therefore, you will have no right to change your mind and cancel under the Consumer Contracts Regulations. This means that under no circumstances, apart from the mentioned above, will we offer a refund.

PRICING POLICY

When you purchase a Themes Generator premium subscription, the price will be made clear during the order process and checkout. You agree to pay the price, as well as the billing frequency, both stated at the time of your order.

Your subscription is renewed automatically and your subscription will continue until you cancel. You can cancel anytime. When you cancel your subscription, you will not be automatically billed again and your current premium status will last until the end of your subscription period. You will not receive a refund for the current billing cycle. You will continue to have the same access and benefits of your product for the remainder of the current billing period.

All prices are in United States Dollars and ZIMA reserves the right to change prices and fees at any time.

PRIVACY POLICY

Themes Generator is a web app, that works 90% client side, so all your data (HTML, CSS, JS code, and so on) never leaves your computer and is never read or stored on our servers. The only element you share with our servers are the images that users upload into their own storage folder. This folder is private.

We do not store any credit card information. We instead rely on the secure third-party payment processor Stripe. You can read more about our Privacy Policy here.

COOKIES POLICY

Themes Generator uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.

Affiliate marketers promote our products using affiliate links. When a customer clicks on these links and lands on our website, a cookie is stored in the customer’s browser to track the purchase and award the commission to the affiliate marketer. This cookie is stored for 30 days.

You can read more about our Cookies Policy here.

For more information on Google Analytics cookies, see the official Google Analytics page.

AFFILIATE PROGRAM

BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE THEMES GENERATOR AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THE THEMES GENERATOR TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

1. Enrollment

To enroll in the program, you must complete the sign-up form that you can find here: https://themesgenerator.com/tg/affiliate-dashboard/
All applications will be evaluated and we will notify you by mail of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your behavior is not suitable for the Affiliate Program for any reason.

2. Promotion

Once your application is approved, you will be assigned a link to identify you as a member of the program.
All affiliates have a private dashboard where you can access all the stats (commission, clicks, link, payments, etc.).

3. Commission
The commission rates of Themes Generator affiliate are:

1 to 10 sales … 20%
10 to 20 sales … 50%
20 to 30 sales … 60%
30+ sales… contact us.

In order to track your our affiliates sales commission, we use cookies. The duration of this cookie is 30 days. This means that whenever a user clicks on your affiliate link, you will receive a sales commission if they purchase Themes Generator in the following 30 days.

4. Qualifying Purchases
You will receive a commission when a customer purchases a Themes Generator subscription no later than 30 days after their initial click-through.

5. Disqualified Purchases
A purchase will be disqualified when:
a) purchase is made after the terminate of this agreement.
b) cancellation, return, or refund has been initiated.
c) we suspect it comes from improper activity.

6. Payments
Net 30 payments: our normal terms of payment are net 30 days from date of invoice.
Themes Generator will process all commission payments between the 1st and the 5th day of each month. As an example, if you earn a commission in January, you should send an invoice between the 1st and 5th of February, and the payment will be issued in March.
It is solely your responsibility to provide Themes Generator with accurate tax and payment information that is necessary to issue a Commission Fee to you.
All affiliates must issue an invoice to Themes Generator (between the 1st and the 5th day of every month) in order to receive the payment after 30 days. If we do not receive the invoice between the dates mentioned, the payment will be postponed until the next month (and so on).

Themes Generator reserves the right to withhold payment of commissions that are potentially fraudulent as determined by us.

Payments are processed via Paypal and the minimum payout is $5.

7. Affiliate obligations

You are solely responsible for the development, operation, and maintenance of your affiliate program and for all materials that appear on your site and social networks.

You shall not create, publish, transmit or distribute, under any circumstances, any bulk messages (also known as “SPAM”) without prior written consent from us, to be granted or denied in our sole discretion, in each instance. Additionally, you may only send emails containing a Themes Generator affiliate link and or a message regarding Themes Generator or Themes Generator’s Affiliate Program to people who have previously consented to receiving such communications from you. Your failure to abide by this Section 14, the CAN-SPAM Act of 2003, our Anti-Spam Policy, and all applicable laws relating to email communications, in any manner, will be deemed a material breach of this Agreement by you and will result in the forfeiture by you of any and all rights you may have to any commissions and the termination of your participation in the Affiliate Program. Further, if your account has excessive clicks in a very short period of time as determined by us in its sole discretion, the Affiliate relationship may be terminated.

We have the right in our sole discretion to monitor signups through your affiliate site from time to time to determine if you are in compliance with the terms of this agreement. If you are not in compliance we may terminate your participation in the affiliate program effective immediately.

We reserve the right to suspend the payment of commission fees at any time and indefinitely if it suspects fraud or other improper activity or a potential breach of any of the terms of this Agreement.

8. Themes Generator Responsibilities

We will provide all of the information necessary for you to track your earnings.
Themes Generator will be solely responsible for order processing (including payment processing, cancellations, and refunds) for Themes Generator subscriptions placed by a Referred Customer following a Link from your affiliate site, for tracking the volume and amount of Qualified Purchases generated by your affiliate site, and for providing information to affiliates regarding Qualified Purchase statistics.

LICENSES

All the content generated by using TG is released under the GNU General Public License version 3.0 (“GPLv3”), available at https://www.gnu.org/licenses/gpl-3.0.html.

SUPPORT POLICY

If you currently are a free user, you must use our support forum to get support from other users or our staff.
https://themesgenerator.com/tg/forums/

If you are a premium user, you can use our contact form for billing purposes or any other issues related to your premium account https://themesgenerator.com/tg/contact-support

You can read our documentation and watch our tutorials. Give your theme’s documentation a quick read over before contacting support.