Terms and Conditions

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Last updated: 11 August 2024

These Website Standard Terms and Conditions govern the use of this website, the content within it, and the products we offer. These terms and conditions apply in full force and control how you may use this website and our products.

The terms “we,” “us,” “our,” and “AwaikenThemes” refer to Awaiken Technology and the products we offer. Similarly, terms like “users,” “you,” and “your” refer to all our users and visitors who browse the website or use a product.

If you disagree with any of the Website Standard Terms and Conditions listed on this page, you must not use this website.

WEBSITE REGISTRATION

By agreeing to these terms and conditions, you acknowledge that you will abide by the following eligibility terms. Additionally, if you are part of an organization, all end-users, employees, and other members of the organization permitted to access the site and use the content and/or products must accept these terms and conditions.

Eligibility: You are eligible to enter into this agreement if:

  • You are not prohibited by any law, judicial act, or competent authority from entering into an agreement.
  • You are an adult, or you have obtained adequate consent from your parents/legal guardians to enter into this agreement.
  • You were not previously prohibited by AwaikenThemes from entering into an agreement like this.
  • You are not a resident of any prohibited state and are not a member of any terror organization.
  • If acting on behalf of an organization, you have all necessary permits to enter into this agreement.

Access: You may not sell, rent, share, or transfer your access to our website.

Acceptable Use: You shall use the products and services as intended and refrain from any activities that may infringe upon, disrupt, or delay services to other users. You shall not use the services for any malicious activities such as sending spam, unsolicited messages, harassment, stalking, or threatening any other person or system. You shall not create any script, software, code, or program that may impair, disrupt, diminish, or add functionality to the services.

Verifying your Account: When registering for a product or service, AwaikenThemes may ask you to verify your identity through various means. If you register with an email ID, AwaikenThemes may send a message to that address. This message may contain links or a list of information needed to identify you as the sole owner of the email ID.

Securing Your Account: To keep our services and confidential information such as licenses secure, you must protect your account with a strong password.

One Account Per Person: You are allowed to have only one account on our website. Each account is intended for a single user. If you are part of an organization and own an account on behalf of it, you may grant access to a few employees, but you will be responsible for their behavior on our website.

Sharing an Account: Sharing your account details with third parties is strictly prohibited.

Abuse Notification: You must inform AwaikenThemes immediately if you have reason to believe that your account has been hacked or if there is unauthorized use of your account.

WEBSITE SERVICES

The services provided by AwaikenThemes as of this date are as follows. AwaikenThemes reserves the right to add or remove any services at its sole discretion without prior notice.

Online Store: AwaikenThemes allows you to purchase licenses through the online store. Any item is sold under a specific license, and each item you purchase will be associated with a unique license key.

Updates: AwaikenThemes may provide updates for the products offered. These updates can be implemented at your discretion by updating the files and database on your server.

License Key: By purchasing our product, you are granted a revocable, non-exclusive, non-transferable license to use on your own website and on websites of your customers, provided that such use is limited to websites that you have created. This license key, which is the property of AwaikenThemes, enables access to certain benefits, including automatic updates, developer support, and additional resources for the product.

Unauthorized sharing, redistributing, or reselling of the license key is strictly prohibited and will result in the termination of this license. Additionally, our products are not to be used in connection with “Installation Services” or “Setup Services,” as these are strictly prohibited and violate the terms of this license. Any such unauthorized use will result in the termination of this license.

PAYMENTS & SUBSCRIPTIONS

For all services and products offered by AwaikenThemes, you must pay the specified fees as published on the respective websites from time to time. Payments will be made via our third-party service providers and are subject to their respective terms of service and privacy policies.

AwaikenThemes may determine or update the pricing for particular products and services from time to time. We may offer discounts or run promotions. Please check the respective product page before purchasing.

Subscriptions Renew Automatically

All AwaikenThemes products are sold as automatically recurring subscriptions that renew every year on the anniversary of the purchase date unless the purchaser cancels the subscription before the automatic renewal date. This applies to all paid products, except those that come with a lifetime license and do not require renewals.

Other details of AwaikenThemes license subscriptions:

  • You may cancel your subscription at any time by contacting us. If you cancel your subscription, you will no longer receive updates and support for the product and service after your license expires.
  • If you choose to renew your subscription after it has been canceled and your license has expired, you will be charged the current listed price (at that particular time) for the license renewal. We cannot apply older pricing to your new renewal purchase.

LICENSE OF OUR WORDPRESS PRODUCTS

All our WordPress plugins, themes, and their source code available for download on this website are licensed under the GNU General Public License (http://www.gnu.org/licenses/gpl.html) version 2.0 or later.

REFUND POLICY

We believe in all our products and stand by their quality and performance. However, if you encounter an issue that cannot be resolved or feel that our product isn’t working as expected, you can contact us for a refund within 14 days after purchase. We’ll be happy to refund the entire amount.

  • We will process your refund as soon as possible. In some cases, we might even offer to resolve an issue for you.
  • No refunds will be processed after 14 days post-purchase. If you are not satisfied, apply for a refund within 14 days after purchase.
  • Refund periods are based on the first purchase date. If you have purchased and requested a refund in the past, the 14 days are from the first purchase, not the repurchase date.
  • By requesting and receiving a refund, you relinquish all ownership of your license and agree to cease using the product immediately.
  • We reserve the right to reject a refund request if deemed necessary.
  • You can submit a refund request by opening a support ticket.
  • Refunds do not apply to renewal payments. We will send a renewal notification email 2 weeks before your renewal date, so you can cancel your subscription before the renewal payment is automatically processed if you only plan to use our services once.

WARRANTY

Our products are provided to you as-is, and without any warranty for their quality. We shall never be liable for any damage or flaw in the product.

PRODUCT DELIVERY

After your payment has been processed successfully, you will receive an email with your order details and other purchase information. Your license key will be available in your account area along with your downloads. You can download the product by logging into the account created for you when purchasing the plugin and clicking on the appropriate link.

If you do not receive an email containing your information, you can check your purchase history in your account on our store.

Access to re-download purchased files will be granted as long as your license key is valid. If a license key expires, download access to the associated files will be discontinued until the license key is renewed.

SUPPORT

At AwaikenThemes, we stand by our products and believe they are the best possible solutions we deliver. However, if you encounter any issues or incompatibilities, you can open a ticket at our support center, and we will assist in resolving your issue. Dedicated support is provided only to those who possess an active license. Free copies and expired licenses are not eligible for free support. You will need to purchase a licensed copy or renew an expired license to receive help from our developers.

OWNERSHIP

All content, images, videos, and products used on this website, including documentation, are the property of AwaikenThemes. Although you may reference everything on this website, you cannot claim our content or products without our consent.

Customer Content Ownership:
The customer retains all rights, titles, and interests in and to the Customer Content. You hereby grant AwaikenThemes a royalty-free, fully paid, irrevocable, worldwide license to use the Customer Content as needed to deliver the Services to you. You are solely responsible for your Customer Content and affirm and warrant that you possess all rights necessary to grant the rights in Customer Content as outlined in this Agreement.

Customer Content Ownership:
The customer retains all rights, titles, and interests in and to the Customer Content. You hereby grant AwaikenThemes a royalty-free, fully paid, irrevocable, worldwide license to use the Customer Content as needed to deliver the Services to you. You are solely responsible for your Customer Content and affirm and warrant that you possess all rights necessary to grant the rights in Customer Content as outlined in this Agreement.

Customer Data Rights:
The ownership of all Customer Data lies with the customer. AwaikenThemes will not reveal or utilize any Customer Data except as required to (i) deliver the Services to the customer, (ii) adhere to a legally issued subpoena, investigative demand, or warrant, or (iii) fulfill a legal, regulatory, or similar obligation or investigation. However, during and after the term of this Agreement, AwaikenThemes may use anonymized Customer Data and information from your usage of the Services to improve the Services.

INTELLECTUAL PROPERTY RIGHTS

Other than the content you own, which you may have opted to include on this website, under these terms, AwaikenThemes and/or its licensors own all the intellectual property rights and materials contained in this website.

You are granted a limited license only for purposes of viewing the material contained on this website.

Restrictions: You are specifically restricted from all of the following:

  • Publishing any Website material in any other media.
  • Selling, sublicensing, and/or otherwise commercializing any Website material.
  • Publicly performing and/or showing any Website material.
  • Using this Website in any way that is, or may be, damaging to this Website.
  • Using this Website in any way that impacts user access to this Website.
  • Using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity.
  • Engaging in any data mining, data harvesting, data extracting, or any other similar activity concerning this Website.
  • Using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from access by you, and AwaikenThemes may further restrict access by you to any areas of this Website at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential, and you must maintain confidentiality as well.

TERMINATION

We reserve the right to suspend or terminate your access to our services without prior notice if you breach any of the conditions laid out in these terms and conditions.

DISCLAIMER OF LIABILITY

AwaikenThemes will not be held liable for any damages resulting from using our website or products. This includes, but is not limited to, direct, indirect, incidental, punitive, and consequential damages.

CHANGES TO TERMS

AwaikenThemes may modify these terms at any time. By continuing to use the website, you agree to be bound by the updated terms.

GOVERNING LAW

These terms are governed by and construed in accordance with the laws of state of Gujarat, India and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.