End-User License Agreement (EULA) of EcomGraduates® LLC Ecomify Theme
End-User License Agreement (EULA) of EcomGraduates®LLC.
This End-User License Agreement ("EULA") is a legal agreement between you andEcomGraduates®LLC.
This EULA agreement governs your acquisition and use of our EcomGraduates®LLC Ecomify Theme directly from EcomGraduates™ LLC. or indirectly through a EcomGraduates®LLC. authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the EcomGraduates®LLC. Ecomify Theme. It provides a license to use the EcomGraduates®LLC. Ecomify Theme and contains warranty information and liability disclaimers.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Ecomify Theme, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Ecomify Theme supplied by EcomGraduates®LLC.. herewith regardless of whether other software is referred to or described herein. The terms also apply to any EcomGraduates®LLC. updates, Internet-based services, and support services for Ecomify Theme unless other terms accompany those items on delivery. If so, those terms apply.
If, at the time of purchase, you chose a Single website license, then you are permitted to use and install Ecomify Theme on one (1) website only - unless purchased through unlimited license ONLY.
If, at the time of purchase, you chose an Unlimited Website license, then you are permitted to use and install Ecomify Theme on an unlimited number of websites that you either own, are part of the organization that owns or have been hired to work on the organizations’ website(s) (i.e. your direct clients). You shall not distribute the Ecomify Theme to people outside of your organization.
You are permitted to use and install the EcomGraduates®LLC. Ecomify Theme under your control. You are responsible for ensuring your device, theme and platform meets the minimum requirements of the EcomGraduates®LLC. Ecomify Theme.
You are not permitted to:
Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Ecomify Theme nor permit the whole or any part of the Ecomify Theme to be combined with or become incorporated in any other Ecomify Theme, nor decompile, disassemble or reverse engineer the Ecomify Theme or attempt to do any such things
Reproduce, copy, distribute, resell or otherwise use the snippets for any commercial purpose
Allow any third party to use the snippets on behalf of or for the benefit of any third party
Use the Ecomify Theme in any way which breaches any applicable local, national or international law
use the Ecomify Theme for any purpose that EcomGraduates®LLC. considers is a breach of this EULA agreement
LIMIT OF LIABILITY
IN NO EVENT WILL EcomGraduates®LLC BE LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE (INCLUDING DAMAGE FROM LOSS OF BUSINESS PROFITS OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) OR FOR CLAIM BY ANY PARTY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SNIPPET, EVEN IF EcomGraduates®LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES, SUBJECT TO THE CONDITIONS NOTED HEREIN, SHALL EcomGraduates®LLC 'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE REPLACEMENT COST OF THE SPECIFIC SNIPPET PURCHASED BY YOU OR THE PROVISION OF SUBSTITUTE ECOMIFY THEME, AT THE SOLE DISCRETION OF EcomGraduates®LLC . THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify and hold EcomGraduates™ LLC and their outside contractors harmless from and against any losses, damages, expenses, and costs, including reasonable attorneys' fees, from any claim by a third party arising from or related to your breach of this Agreement or your act, error, or omission.
Intellectual Property and Ownership
EcomGraduates®LLC shall at all times retain ownership of the snippets as originally downloaded by you and all subsequent downloads of the Ecomify Theme by you. The Ecomify Theme (and the copyright, and other intellectual property rights of whatever nature in the Ecomify Theme, including any modifications made thereto) are and shall remain the property of EcomGraduates®LLC.
EcomGraduates®LLC reserves the right to grant licences to use the Ecomify Theme to third parties.
This EULA agreement is effective from the date you first use the Ecomify Theme and shall continue until terminated. You may terminate it at any time upon written notice to EcomGraduates®LLC.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Ecomify Theme. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the State of Rhode Island (United States).
Our Business Practice
We generate revenue by selling ecomify themes and snippets to business users. We value the privacy of our users and affiliates and therefore do not sell any of their data or contact information to third parties. We take necessary measures to ensure the protection of their privacy.
Defining Personal Data and Identifying the Information We Collect
Personal data refers to any information that can be used to identify an individual directly or indirectly, such as their name, email address, phone number, and account details. We are responsible for tracking visits, opt-ins, and sales on our users' websites and online stores. We only collect data that is voluntarily provided to us during the onboarding process or while using our platform.
Please be aware that we do not offer refunds for the Ecomify theme. Once you have purchased the theme, it is non-refundable. We encourage you to thoroughly review the features and functionality of the theme before making your purchase.
If you encounter any issues with the theme, please do not hesitate to contact our customer support team for assistance. We will do our best to resolve any issues that you may encounter and help you to get the most out of the theme.
By purchasing the Ecomify theme, you agree to our no refund policy. We reserve the right to modify or update this policy at any time without prior notice.
Thank you for your understanding and for choosing the Ecomify theme for your e-commerce store. We wish you all the best in your online endeavors.
In the event that our theme or application is acquired or amalgamated with another organization, your data may be transferred to the new proprietors to enable us to continue providing products to you.
By utilizing this website, our theme, or our application, you declare that you have attained the age of majority in your state or province of residence, or that you have reached the age of majority in your state or province of residence and have granted us permission to permit any of your minor dependents to access this website.
How do we secure your consent?
When you share your personal details with us to finalize a transaction, confirm your credit card, or place an order, we infer that you agree to us gathering and using it solely for that particular purpose. If we require your personal details for another reason, such as marketing, we will either directly request your explicit consent or offer you a chance to decline.
USE OF YOUR INFORMATION
What is the purpose of collecting your information?
When you buy something from us, during the transaction process, we gather personal information you provide, like your email address and storefront Shopify URL. Additionally, as you navigate our website or application, we automatically capture your computer's internet protocol (IP) address to supply us with data that aids in understanding your browser and operating system.
Email marketing (if applicable): With your consent, we might send you emails regarding our theme, application, new products, and other updates.