ThemeNcode LLC (“ThemeNcode”, “we”, “us”, “our”) operates themencode.com and sells digital products, including WordPress plugins and addons, through this website, the ThemeNcode Portal and marketplaces such as CodeCanyon. These Terms and Conditions (“Terms”) govern your use of our website, products and services (together, the “Service”).
Together with our Privacy Policy and Refund Policy, these Terms form the agreement between you and us. By using the Service, you agree to them. If you do not agree, please do not use the Service.
Purchases
When you buy a product or service through the Service (“Purchase”), you may be asked for information such as your card details and billing address.
You confirm that:
- You have the legal right to use the payment method you provide
- The information you give us is true, correct and complete
We use third-party payment providers to process payments. By submitting your payment information, you allow us to share it with them as described in our Privacy Policy.
We may refuse or cancel an order at any time, including when a product is unavailable, when there is an error in a product’s description or price or in your order, or when we suspect fraud or an unauthorized or illegal transaction.
Licenses and Subscriptions
Each product is sold under the license shown on its product page, such as an annual license or a lifetime license, and the number of websites it covers.
Some licenses renew automatically (“Subscriptions”). You are billed in advance at the start of each billing cycle, and the Subscription renews on the same terms unless you or we cancel it. You can cancel a renewal from your ThemeNcode Portal account or by contacting our support before the renewal date.
You must provide accurate and complete billing information, and you authorize us to charge your Subscription fees to the payment method you provide. If an automatic payment fails, we may suspend your access to updates and support until payment is made.
Free trials
We may offer a Subscription with a free trial for a limited period. You may need to enter billing information to start a trial. You will not be charged until the trial ends; on its last day, unless you have cancelled, you will be charged the fee for the Subscription you chose. We may change or cancel a free trial offer at any time.
Fee changes
We may change Subscription fees. A change takes effect at the end of your current billing cycle, and we will give you reasonable notice beforehand so you can cancel if you wish. Continuing your Subscription after a change takes effect means you agree to the new fee.
Refunds
Refunds are handled under our Refund Policy, which explains when a refund is available for purchases made on CodeCanyon, the ThemeNcode Portal and the Divi Marketplace.
Support
We provide support for our products through our support hub. The length of support included with a purchase is shown on each product page. While support is active, you also receive product updates as described in your license.
We do our best to make our products work with WordPress and popular themes and plugins, but we cannot guarantee that they will meet every requirement or work with every other product. We may help with conflicts between our products and other plugins at our discretion.
You may not republish our support documentation or support conversations without our permission. Misusing the support service or breaking these Terms may lead us to end your support and access to updates.
Product Compatibility
Our plugins are tested to work on a standard WordPress installation. Because every website is different, we cannot be held responsible for compatibility issues with other themes, plugins or server setups. Please back up your website before installing or updating any plugin. We are not responsible for any data loss that may result.
Promotions
Contests, giveaways or other promotions (“Promotions”) offered through the Service may have their own rules. If you take part in a Promotion, please read its rules and our Privacy Policy. If a Promotion’s rules conflict with these Terms, the Promotion’s rules apply.
Emails About Your Purchase
We may email you important information about your purchase and license, such as license changes, expiry notices and updates to these Terms.
Accounts
When you create an account, you confirm that you are at least 18 years old and that the information you provide is accurate, complete and current. Inaccurate information may lead us to close your account.
You are responsible for keeping your account and password secure and for all activity under your account. Please tell us immediately if you learn of any security breach or unauthorized use of your account.
You may not use as a username the name of another person or entity, a name you are not lawfully allowed to use, a trademark you do not have rights to, or any offensive, vulgar or obscene name.
We may refuse service, close accounts, remove or edit content, or cancel orders at our discretion.
Acceptable Use
You may use the Service only for lawful purposes and in line with these Terms. You agree not to:
- Break any applicable national or international law or regulation
- Exploit or harm minors, including by exposing them to inappropriate content
- Send or arrange the sending of advertising, promotional material, junk mail, chain letters or spam
- Impersonate ThemeNcode, our employees, another user or any other person or entity
- Infringe the rights of others, or act in any way that is unlawful, threatening, fraudulent or harmful
- Restrict or prevent anyone’s use or enjoyment of the Service, or harm or expose us or our users to liability
You also agree not to:
- Use the Service in any way that could disable, overload, damage or impair it, or interfere with anyone else’s use of it
- Use any robot, spider or other automated means, or any manual process, to monitor or copy material on the Service without our written permission
- Use any device, software or routine that interferes with the Service’s proper working
- Introduce viruses, trojan horses, worms, logic bombs or any other malicious or harmful material
- Try to gain unauthorized access to, damage or disrupt any part of the Service, its server, or any server, computer or database connected to it
- Attack the Service through a denial-of-service or distributed denial-of-service attack
- Take any action that may damage or falsify our ratings or reviews
Analytics
We may use third-party service providers to monitor and analyze how the Service is used. Our Privacy Policy explains what information they collect.
Intellectual Property
The Service and its original content, features and functionality are and will remain the property of ThemeNcode LLC and its licensors. They are protected by copyright, trademark and other laws. You may not copy, distribute, modify, republish or use our content for commercial purposes or personal gain without our written permission. You may not use our trademarks in connection with any product or service without our written consent.
Your use of our products is governed by the license you purchased.
Copyright Complaints
We respect the intellectual property rights of others. If you own a copyright, or are authorized to act for the owner, and believe that content on the Service infringes it, please email [email protected] with the subject line “Copyright Infringement” and include:
- A description of the copyrighted work you believe has been infringed
- Where on the Service the material you believe is infringing is located
- Your name, address, phone number and email address
- A statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law
- A statement that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf
- Your physical or electronic signature
You may be held responsible for damages, including costs and legal fees, if you make a false or bad-faith claim.
Disclaimer of Warranties
The Service is provided “as is” and “as available”. We make no representations or warranties of any kind, express or implied, about the Service or the information, content or materials it includes. You use the Service, its content and any products or services obtained through it at your own risk.
Neither ThemeNcode nor anyone associated with us warrants that the Service, its content or any products or services obtained through it will be complete, secure, reliable, accurate, error-free, uninterrupted, free of viruses or other harmful components, or that they will meet your needs or expectations.
To the extent permitted by law, we disclaim all warranties, whether express, implied or statutory, including warranties of merchantability, non-infringement and fitness for a particular purpose. This does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation of Liability
To the extent permitted by law, ThemeNcode and our officers, directors, employees and agents are not liable for any indirect, punitive, special, incidental or consequential damages arising out of or in connection with these Terms or your use of the Service, even if we have been told such damages are possible.
If we are found liable, our liability is limited to the amount you paid for the products or services concerned. Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.
Termination
We may suspend or close your account and access to the Service immediately, without notice or liability, for any reason, including a breach of these Terms. If you wish to close your account, you may simply stop using the Service.
Any part of these Terms that by its nature should survive termination will survive it, including ownership provisions, warranty disclaimers and limitations of liability.
Governing Law
These Terms are governed by the laws of the United States of America, without regard to conflict of law rules. If we do not enforce any right or provision of these Terms, that is not a waiver of it. If a court finds any provision invalid or unenforceable, the remaining provisions stay in effect. These Terms are the entire agreement between you and us about the Service and replace any earlier agreements.
Changes to These Terms
We may update these Terms from time to time. When we do, we will post the updated Terms on this page. By continuing to use the Service after changes take effect, you agree to the updated Terms.
Contact Us
Please send any questions, feedback or support requests through our support hub or by email to [email protected].
ThemeNcode LLC, 1309 Coffeen Avenue Ste 1200, Sheridan, WY 82801, USA