1. Agreement and eligibility
These Terms of Service form an agreement between you and Foxy Themes S.A.S. (“Foxy Themes,” “we,” “us,” or “our”). By accessing the website, creating an account, or purchasing or downloading a product, you agree to these terms, our license terms, and our Privacy Policy.
You must be legally capable of entering into this agreement. If you use the service for a company or client, you represent that you have authority to bind that organization. People under 16 may not create an account or purchase from the website.
2. Accounts and security
You must provide accurate account information and keep it current. You are responsible for maintaining the confidentiality of your credentials and for activity under your account. Notify us promptly if you believe your account has been compromised.
We may suspend or restrict an account when reasonably necessary to protect the service, investigate fraud or abuse, comply with law, or address a breach of these terms. We will not ask you to disclose your password.
3. Purchases, prices, and payment
Product descriptions and prices are displayed before checkout. Payments are handled by a secure third-party payment processor. Foxy Themes does not receive or store complete card numbers. You authorize that processor and its payment partners to process the amount shown at checkout.
- Prices and supported currencies may change before purchase, but changes do not alter a completed transaction.
- You are responsible for applicable taxes, duties, and charges unless checkout states they are included.
- We may cancel or refund a transaction affected by an obvious pricing error, fraud, legal restriction, or inability to provide the product.
Because products are delivered digitally, access may begin immediately after payment. Refund requests are considered according to applicable law and any refund terms shown at purchase. Nothing in these terms limits mandatory consumer rights that cannot legally be waived.
4. Digital delivery
After payment is confirmed, the website provides access through a secure download link and may send a purchase confirmation email. You are responsible for supplying a valid email address and downloading and securely storing your purchase.
Download availability is not a transfer of ownership. It provides only the license rights applicable to the purchased product. Contact support if a verified purchase cannot be accessed.
5. Product licenses
Each purchase is licensed, not sold. Unless a product states otherwise, you must choose either a Standard or Extended License. Both cover one customized end product; Standard is for products that are free to end users, while Extended permits paid access or a paid SaaS product.
The complete License Terms are incorporated into these terms. Neither license permits redistribution of a theme or reusable source files as a competing theme, template, starter, builder component, or stock item.
6. Acceptable use
You must not misuse the website, accounts, checkout, support channels, or downloads. In particular, you must not:
- break any law or infringe another person’s rights;
- introduce malware, probe vulnerabilities, bypass access controls, or interfere with service availability;
- use automated means to scrape, download, or extract protected content except with our written permission;
- attempt fraudulent payments, unauthorized downloads, credential abuse, or license evasion;
- send spam, abusive messages, or unlawful material through contact or support channels; or
- misrepresent your identity, affiliation, or authority.
7. Intellectual property
Foxy Themes and its licensors retain all rights in the website, brand, product files, documentation, graphics, and other materials, except for rights expressly granted under a product license. You may not copy, publish, sell, or exploit website content outside ordinary use of the service or an applicable license.
If you send feedback, you permit us to use it without restriction or compensation, but you retain ownership of personal information and the content of private support messages. Contact submissions do not grant us a general right to publish your message.
8. Availability, support, and third parties
We may update, replace, discontinue, or temporarily interrupt website features. We do not promise uninterrupted or error-free operation. Product support and update periods are those described on the relevant product page or purchase terms.
We may use trusted service providers to operate the website, process payments, protect transactions, deliver messages, and provide purchased files. Their separate terms may apply when you interact directly with their services. Links to third-party websites are provided for convenience, and we are not responsible for their content or practices.
9. Disclaimers and limitation of liability
To the fullest extent permitted by law, the website and products are provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement where those disclaimers are legally permitted.
To the fullest extent permitted by law, Foxy Themes will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, data, or business opportunities arising from the service or a product.
Our aggregate liability arising from a purchased product will not exceed the amount you paid for that product during the twelve months preceding the event giving rise to the claim. These limitations do not exclude liability for fraud, willful misconduct, death or personal injury caused by negligence, or any liability or consumer remedy that cannot legally be excluded.
10. Suspension and termination
You may stop using the service at any time. We may suspend or terminate access for a material breach, fraud, security risk, unlawful conduct, or as required by law. Termination does not erase payment obligations or provisions that by their nature survive, including ownership, license restrictions, disclaimers, liability limitations, and dispute terms.
11. Changes and general terms
We may update these terms to reflect changes in the service, law, or business practices. The updated date will appear above. Material changes will apply prospectively, and we will provide additional notice when legally required.
If any provision is unenforceable, the remaining provisions continue in effect. A failure to enforce a provision is not a waiver. You may not assign these terms except as expressly allowed by the license terms. We may assign them as part of a merger, reorganization, asset transfer, or operation of the service.
These terms are governed by the laws of Colombia, without regard to conflict-of-law principles. Courts with jurisdiction in Colombia will hear disputes, except where mandatory consumer law gives you the right to bring a claim elsewhere.
12. Contact
Foxy Themes S.A.S. is registered in Colombia. Questions about these terms, purchases, or products may be sent to support@foxythemes.net.
