Terms of Service

1. Identification of the website owner

Tabule Theme is responsible for the products and services offered through the website https://tabuletheme.com/, of which it is the owner. The primary activities of the site include the commercialization of products and the provision of services related to license key management for the download and use of a WordPress® theme called “Tabule” or “Tabule Theme.” Additionally, users may request technical support via email, access information about the theme, and participate in an affiliate program designed to promote it.

This information is provided in accordance with Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce. For further inquiries, you can contact us at admin@tabuletheme.com.

2. Parties involved

The electronic contracting process through the website https://tabuletheme.com/ will be carried out between the USER and the SITE OWNER. A USER of the website is defined as a consumer who is a natural person and registers using the form provided on the site for this purpose.

3. Purpose of the terms

These general terms and conditions regulate the relationship between Tabule Theme and its USERS, derived from the process of contracting the products and/or services offered by the SITE OWNER through the website https://tabuletheme.com/.

These terms will remain valid and enforceable as long as they are available on the website. The SITE OWNER reserves the exclusive right to modify any of the clauses contained herein without prior notice. Use of the website after any modification, replacement, or inclusion of new text will be considered acceptance by the USER.

Acceptance of these terms is a mandatory condition for contracting any product or service offered on the website.

4. Products/services offered and electronic contracting process

4.1 Products and Services Offered and Costs

WordPress Theme Packages:

USERS can purchase products and services offered by the SITE OWNER, specifically license keys for downloading and using the WordPress theme designed by the SITE OWNER, at the following prices:

“Sale Price” refers to the actual selling price of the services.
“Sale Currency” refers to the currency in which the services are sold and purchased, which is the U.S. dollar ($).

The SITE OWNER reserves the right to modify the prices of products and services at any time before confirming and accepting the order, without prior notice. USERS are responsible for verifying the final billed amount against the quoted price for their order.

4.2 Contracting Process

1. Once on the website, the USER must navigate to the purchase section and select the desired product/service.
2. After selecting and completing the required information, the USER will be redirected to the site to complete the payment.
3. After payment, the website will send an email with proof of payment and instructions on how to access the license.

For website design packages, the USER will receive an email to initiate the website creation process, which includes providing the necessary details and content for the site.

5. Payment terms and conditions

Payment Methods
Unless otherwise specified for particular cases or specific offers, payments for the products and services offered on the website will generally be made via Visa/Mastercard/American Express cards processed through Stripe®. To review their policies, terms, or conditions of use, visit https://stripe.com/payment-terms/legal.

The USER must provide the cardholder’s name, card number, expiration date, CVV, and any additional information requested by the payment processing system.

6. Declaration of funds origin

The USER solemnly declares that the funds used for the purchase originate from lawful operations, businesses, activities, or enterprises and were not obtained through any act recognized as a crime under the European Community law.

Furthermore, the USER declares they are not listed on any national or international anti-money laundering watchlists, nor associated with drug trafficking, human trafficking, pimping, child pornography, embezzlement, extortion, kidnapping, ties with illegal armed groups, illegal organizations of any kind, arms trafficking, terrorism, crimes against humanity, or offenses against personal integrity and sexual freedom. Consequently, the USER agrees to indemnify the SITE OWNER or any third party for any damages caused as a result of this affirmation.

Failure to comply with this declaration will constitute sufficient grounds for the immediate termination of the contract without any obligation to compensate the USER.

7. Right of exclusion

The SITE OWNER reserves the right to refuse, withdraw, or cancel access to the website or the products/services offered without prior notice if the USER violates the terms outlined in these General Terms of Service or any other binding legal document necessary for the use of the website.

8. Refunds and returns

The USER of Tabule Theme has the right to request a refund, provided the request is submitted within fourteen (14) days of purchase. Refunds will not be granted after 14 days.

This guarantee applies only to NEW USERS. Users with previous purchases are excluded, as they have already had the opportunity to try the product. License renewals and updates are non-refundable.

To qualify, the Tabule Theme must be installed and activated on a website. For multiple license purchases, at least one license must have been activated on a site.

Conditions for Requesting a Refund

• It must be the first purchase and the USER must be a new customer (not a renewal).
• The license must have been purchased within the 14 days preceding the refund request.
• The theme must have been installed and activated on a website.

How to Request a Refund

Open a ticket from your user panel and indicate your desire to receive a refund for your purchase. Please ensure you meet the conditions outlined above.

The refund process will be completed within a maximum of 14 calendar days, although processing times may vary depending on the bank. Once the refund is issued, the USER will lose the right to use Tabule Theme and must delete it from all sites, servers, local disks, and any other storage mediums.

9. License renewal

License renewals are NOT processed automatically. Tabule Theme will send one (1) email reminder to notify the USER that the license expiration date is approaching.

The USER may manually renew his license before it expires or upgrade his plan to the Lifetime Deal.

In case of non-renewal, the USER’s projects may continue to use Tabule Theme. However, non-renewal of an individual license will result in the loss of support, Premium features of the Theme and access to updates.

10. Technical support

To receive technical support from Tabule Theme, the USER must open a ticket from their dashboard. The USER must describe the nature of the problem and provide the necessary information related to his/her account. Tabule Theme technical support will respond as soon as possible to the ticket.

The USER is expected to cooperate with Tabule Theme in finding a solution by providing all necessary information to diagnose or resolve the problem.

11. Right to cancel the subscription

The USER may revoke or cancel their subscription at any time. To do so, they simply need to refrain from completing the annual manual renewal.

In the event of cancellation, the USER will lose all licenses acquired on the site.

12. Intellectual property

The images used by the SITE OWNER have been taken, created, or purchased from licensed providers. As a result, the SITE OWNER or its licensors hold all intellectual property rights over the images and general content of the website, including designs, databases, software (including source code), and other elements that constitute the website, such as text, graphics, photographs, videos, colors, and structure.

The SITE OWNER ensures that all activities conducted on the website comply with national and international regulations related to copyright and other uses of intellectual property, as well as personal privacy and identity protection.

The USER acknowledges and accepts that licenses granted for the use of the products/services offered on the website are personal and non-transferable. In case of infringement, the SITE OWNER may pursue necessary civil and/or criminal actions under the framework of intellectual property protection (Copyright, Designs, and Patents Act 1988 and other relevant intellectual property laws).

12.1 Prohibition of Joint Activities or Piracy

The USER is expressly prohibited from engaging in joint activities or piracy. These activities involve groups of individuals collectively acquiring a digital product or service paid for by only one person, who then shares their credentials (username and password) with the group for their benefit.

If such activities are detected, the SITE OWNER may permanently revoke the granted license without prior notice. Additionally, the SITE OWNER reserves the right to take civil or criminal legal action against the offender.

12.2 SPECIFICATIONS OF THE TABULE THEME LICENSE

The license provided for Tabule Theme corresponds to a mixed license (similar to ThemeForest’s model). As such, it is not fully GPL and cannot be redistributed.

Parts of the code that directly use WordPress code are licensed under GPLv2, but the rest are not. Therefore, Tabule Theme cannot be considered entirely GPL.

12.2.1 GENERAL CONSIDERATIONS:

1. The use of affiliate platform logos is subject to the site owner’s affiliation with the respective affiliate program, which establishes a commercial relationship with the company being promoted. For this reason, Tabule Theme is not responsible for any actions those companies may take against the end user if these guidelines are violated.
2. You are licensed to use Tabule Theme to create the number of websites permitted by the terms of your purchased license, either for yourself or a client. The website can be distributed for free, but this is limited to the maximum number of websites specified in the license you purchased.
3. This license operates in conjunction with the Terms of the Tabule Theme website. If there is any inconsistency between this license and the Terms of the Tabule Theme website, this license will prevail to resolve the discrepancy.
4. This license may be terminated if you violate its terms. In such cases, you must cease making copies or distributing the theme and remove Tabule Theme from all websites where it has been installed.
5. The author of Tabule Theme retains ownership of the theme but grants you the license under these terms. This license is a contract between the author of Tabule Theme and you.

12.2.2 YOU MAY:

1. Use Tabule Theme to create a website for a client and transfer that single website to your client for any fee. This license automatically transfers to your client. Examples:
   1. You use Tabule Theme to create a website. You then sell that website to another person. You may do this, but you must immediately delete Tabule Theme from your systems.
   2. You want to host a giveaway. You purchase Tabule Theme to use as a giveaway prize. The license will transfer to the giveaway winner.
   3. You are building a website for your client as a freelancer or agency. After selling the website to your client, the license transfers to them.

In all the above cases, you must ensure the person (client, recipient, customer, etc.) to whom the license is transferred is informed of these license terms. You must then delete Tabule Theme from your own systems.

2. Modify or manipulate Tabule Theme.
3. Combine Tabule Theme with other works to create a derivative work. Resulting works are subject to the terms of this license.
4. Customize Tabule Theme to meet the needs of your website.
5. Use Tabule Theme only for lawful purposes.

12.2.3 YOU MAY NOT:

1. Sell websites built with Tabule Theme beyond the number of clients allowed by the number of sites specified in your purchased license.
2. Use Tabule Theme for unlawful purposes.
3. Redistribute Tabule Theme as stock, in a tool or template, or with source files. This applies whether Tabule Theme is standalone or combined with other items, even if you modify it.
4. Redistribute or make Tabule Theme available “as is” or with superficial modifications.
5. Obtain a Tabule Theme license and make it available for download on your website.
6. Use Tabule Theme in any application that allows end users to customize a website to meet their specific needs (e.g., a website builder). This is only permitted if you purchase a separate license for each end product that incorporates Tabule Theme.
7. Extract and use individual components of Tabule Theme independently. Example: You may not extract a JavaScript file for use outside the theme. Similarly, you may not allow an end user to extract Tabule Theme and use it separately from the website.
8. Use Tabule Theme in a logo, trademark, or service mark.

Certain external components used in Tabule Theme may have licenses with different terms, such as licenses from other parties or open-source licenses. These components will be identified in the main theme file with references to their respective licenses, which will apply to those components instead of this license. This license will apply to the rest of Tabule Theme.

13. Liability – limitation – disclaimer

13.1 Responsibility

The SITE OWNER will make every effort to ensure that the transmission of the website is uninterrupted and error-free. However, full functionality cannot be guaranteed in circumstances beyond its control or due to unforeseen events or force majeure. Additionally, the SITE OWNER informs USERS that access to their accounts may be temporarily suspended or restricted due to maintenance, repairs, or improvements to the website.

The SITE OWNER is not liable for losses incurred by USERS, suppliers, or third parties that are not the result of its failure to fulfill its obligations, including loss of profits or any direct or indirect damages to these parties.

The USER is solely responsible for expenses related to internet connections, downloads, or other costs incurred while using the website. The SITE OWNER assumes no liability for damages to the USER’s hardware and/or software caused by the use of the website, its products, or services. The SITE OWNER is also not responsible for damages and/or losses resulting from the use of the website, especially those caused by computer system failures, interruptions, viruses, malware, or similar issues.

The USER will be solely responsible for any damages and/or losses incurred by the SITE OWNER as a result of the USER’s failure to comply with the obligations established in these Terms and Conditions, any other binding document on the website, or applicable national and international regulations.

13.2 Limitation of Liability

To the extent permitted by law, the SITE OWNER will not be liable for any direct, indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of profits, tangible or intangible assets, or data, whether incurred directly or indirectly, resulting from:

• Access to, use of, or inability to access or use the website, its products, and/or services;
• Any conduct or content by parties other than the SITE OWNER, including but not limited to defamatory, offensive, or illegal conduct;
• Unauthorized access, use, or alteration of content or information.

The USER acknowledges and agrees that the exclusions and limitations of liability set forth in these Terms of Use constitute a fair and reasonable allocation of risk between the USER and the SITE OWNER and are essential to the operation of the website.

13.3 Indemnifications

The USER agrees to indemnify, defend, and hold harmless the SITE OWNER, its affiliates, licensors, representatives, and third-party providers against any losses, costs, damages, reasonable legal fees, claims, or demands, whether judicial or extrajudicial, arising from the USER’s failure to comply with the obligations established in these Terms or any other binding document related to the website.

The SITE OWNER reserves the right to assume its defense and control in cases of indemnification by the USER, ensuring full cooperation if the USER’s participation is required.

14. Privacy policy

Tabule Theme maintains a Privacy Policy that clearly explains how USER information is collected, used, and (under certain conditions) disclosed. It also outlines the measures taken to secure personal information and the procedures for its collection, use, and disclosure. This policy is an integral part of these Terms of Service. To read our Privacy Policy, click here.

15. TERMINATION OF THE AGREEMENT

Either party may terminate this agreement. If the USER is not satisfied with the products/services provided or offered through the website, they are not obligated to continue or remain committed to the SITE OWNER. In the event of termination, the right to use the contracted products/services will cease immediately without any compensation.

If the USER violates the obligations or conditions set forth in this or any other binding and previously accepted document from the website, the SITE OWNER may terminate or suspend some or all of the products/services contracted, immediately and without prior notice or liability.

The following are considered grounds for termination of the agreement:

• Failure to comply with the obligations established in any binding document required for using the website.
• Proven falsification of data provided by the USER to the SITE OWNER.
• Issuance of false or harmful comments related to the website or its owner.
• Abusive actions in requesting or applying for technical service.

16. IMPORTANT CONSIDERATIONS

Entire Agreement: These Terms of Service, along with the policies applicable to users published on the website, constitute the entire agreement between the parties concerning the subject matter hereof and replace all prior written or verbal agreements between the parties regarding the same.

• Language: The general language of these terms and the website is English.
• Severability: If any provision of these Terms of Service is deemed illegal, void, or unenforceable, such provision will be considered separable from these Terms and will not affect the validity and enforceability of the remaining provisions.
• Waiver: A provision of these Terms of Service may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The SITE OWNER’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
• Notice: Any notice or communication under this agreement must be in writing and delivered via facsimile, return receipt requested mail, certified mail, or email.

17. Applicable law

This agreement will be governed by and interpreted in accordance with the laws of Czech Republic, without giving effect to any principles of conflicts of law. If any provision of these Terms and Conditions is declared illegal, void, or unenforceable for any reason, it shall be interpreted within the context of the agreement and, in any case, will not affect the validity and enforceability of the remaining provisions. The applicable jurisdiction in Czech Republic will be the courts of Prague, unless otherwise expressly provided by applicable law.

18. Notifications

Any comments, concerns, or claims regarding these Terms of Service, the Privacy Policy, or the enforcement thereof must be submitted in writing to the SITE OWNER at the following email: admin@tabuletheme.com.

19. Modifications to the terms

The SITE OWNER may modify these Terms of Service at any time. Within five (5) days of the publication of the modifications, the USER must contact the SITE OWNER if they do not accept the changes. In such cases, the contractual relationship will be terminated, and the USER will be deactivated.

If no contact is made within this period, it will be understood that the USER accepts the new terms, and the contract will continue to bind both parties.

Effective Date: November 26, 2024