Terms & Conditions

These terms govern your use of our online store, our forums, our support and update Services, our template library, and other services that we may provide via the www.xainbit.com website.

Please read the full terms, as they are the legally binding agreement.

For your convenience, we are providing you with a summary of the terms with the most important sections.

When using the www.xainbit.com to buy Services, you will receive an activation code. This activation code or other user credentials is meant to let us know that your website is entitled to support. Don’t share it or use it on more websites than you paid for; otherwise, it will be blocked.

If you contribute to our Support, forums, blogs, or other pages, we may use your contributions and may allow others to use them as well.

In any case, we offer no liability, both for our Software and Services, and the use of our website and Software is under your own risk.

Lastly, when you use our websites and Services, we may collect some information. This is defined in our Privacy Policy.

Please note that neither this preamble nor the “In plain English” part of the Terms of Service may be used to interpret the meaning of this legal document.

Terms of Service
Accepting These Terms
IN PLAIN ENGLISH: We need you to agree to our terms to provide you with Services. We offer this service to almost anyone, but keep your passwords safe, and don’t let others use your credentials.
These Terms of Service governing your access to and use of our website and software, including any content, features, manuals, articles, designs, layout, templates, and services that reside in them. This Agreement alongside the specific policies for different products and services we offer, is a part of the legal framework that governs the use of the Xainbit software and website. “Xainbit” means the Xainbit Group, (“Xainbit”, “we”, “our” or “us”) ,” “Services” means: (i) our website, including the online shop and marketplace; (ii) our forums; (iii) our support services; (iv) our update services; (v) our affiliation service; (vi) our Template Library; and (vii) any other service we add to our offering. The policy agreements that apply to you are only the ones applicable to your use; meaning that if you act as an affiliate, then the Affiliation Agreement shall apply to you; if you’re not an affiliate, the affiliation annex does not apply to you. If you do not understand and/or agree to these Terms, you should immediately exit the Services and cease making any use of the Services.
Accounts and Eligibility Terms
IN PLAIN ENGLISH: Your Account Is Your Responsibility You are responsible for what you, and others, do with your account.
You are solely responsible for all actions performed in the Services with your credentials, including your username and password. Keeping your password safe is your sole responsibility. If you have any reason to suspect that your account was compromised or that there was unauthorised access to your account, you must immediately notify us, and we may work together to fix the issue.
- It is our policy to have one account for the number of members according to the terms of the specific Subscription Plan you have purchased.
- It is our policy to have one account for one person, and one person for one account.
- You cannot hold more than one account, and you cannot allow others to access your account.
- If you are a corporation (or using the account on behalf of a corporation), then you can allow access to your corporate account for one authorized employee on your behalf.
- You hereby represent and acknowledge that, unless you have otherwise explicitly notified us , anyone accessing your corporate account is acting on your behalf having all required authorisations and consents, and that you remain responsible and liable for any act or omission in connection with such use as if they were yours, including any loss or damage which such use, act or omission may cause.
Account Ownership
IN PLAIN ENGLISH: The account owner will be the one who has access to the e-mail address of the account created
We will consider the owner of the account as the person or entity who has access to the e-mail address of the account created that we have in our records and not the person or entity who paid for the account. In case it is a corporate entity, then the corporate entity specified in the registration page. Having said that, we shall have the right to determine who is the owner of the account at our sole discretion in situations where we believe there is a special justification for such a determination.
Eligibility and Identification
IN PLAIN ENGLISH: Adults use our service. Don’t use our service if you are restricted from entering into any legal agreement.
When registering for the Services, we may authenticate your identity through different third-party services and may require additional identification. The Services are intended for use by users of at least eighteen (18) years old. If you register for our services, you hereby declare that you are eighteen (18) years old or older and undertake to monitor your account to ensure that no minor under that age has access to the Services
We Own the Xainbit Website and Services
IN PLAIN ENGLISH: We own the Xainbit Website and Services. Our online store, forums, templates, and other content we provide you outside the scope of the software are ours.
we own all Intellectual Property Rights relating to the Services. This applies, without limitation, to any underlying data, platforms, algorithms, technology, design, UI, any information, services, texts, files, charts, graphs, photos, sounds, videos, fonts, graphics, organization, structure, section assembly and arrangement thereof (including without limitation “look and feel”), features, and any modifications, enhancements and derivatives thereof and all other Intellectual Property Rights related thereto. We also retain the ownership and full Intellectual Property Rights to the source code of the www.xainbit.com website, apart from where we specifically use third-party software. Please be advised that apart from where we specifically granted you a right to do so, all Intellectual Property Rights relating to the Services reside with us. For the purpose of these Terms, “Intellectual Property Rights” means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
Feedback and Contributions
IN PLAIN ENGLISH: If you offer us any feedback, we may use it, but you waive any intellectual property rights relating to it.
If you provide us with other feedback, relating to the Services or our website, such as usability issues, design suggestions, or any other suggestion relating to the Services, you acknowledge that (i) you own all right, title and interest in and to the feedback without any restriction; (ii) the feedback is not subject to any obligation of confidentiality; and (iii) we may be entitled to unrestricted use of the feedback for any purpose whatsoever, without compensation or credit to you or any other person.
Acceptable Use Policy
IN PLAIN ENGLISH: Be fair and reasonable. Use our website and Services for your own use, and don't abuse the Services.
This is a list of “don’ts” it is not exhaustive, and we may also find that other non-bona-fide activities constitute as non-acceptable use.
-Don’t allow others to use your account or license, by means of sale, license, lease assign, transfer, pledge, or any other activity that may be considered as sharing or conveying ownership in your account.
-Don’t copy or scrape our website, and don’t replicate its functionality. Meaning, don’t imitate our API calls to servers, don’t use an Iframe to reproduce our Services, don’t use a subdomain to redirect to our website.
-Don’t use our website or Services where it is prohibited by law.
-Don’t use our website or Services to conduct any illegal activity, or transmit any transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content or files.
-Don’t scrape our website without our permission, don’t use automated tools to submit queries or posts, and don’t mine personal information from our website.
-Don’t make extensive API or web calls in a manner that interrupts our hosting company or web-server.
-Don’t reverse engineer or decompile our website, or perform any activity that might reveal sensitive information.
-Don’t try to guess usernames or passwords, or otherwise circumvent or attempt to penetrate or circumvent any technical restrictions or limitations in the Services or website.
-Don’t resell our Services; meaning don’t offer others access to your product keys, or any other enabling methods, such as account credentials or activation codes.
-Don’t directly call files from our servers in your themes or products.
-Don’t remove our legal notices or names from the Services.
Abusive Customers
IN PLAIN ENGLISH: Behave respectfully to our staff.
We believe that our customers have every right to be heard, understood and respected. Having said that, we also believe that our staff have every right to work in a safe environment, free from any abuse or harm caused by others. Therefore, we will not accept any abusive or aggressive behaviour towards our staff. Abusive or aggressive behaviour includes language (whether verbal or written) that may cause our staff to feel threatened or abused and may include threats, personal verbal abuse, derogatory remarks and rudeness. Unacceptable behaviour as described above may cause us to decide to, by our sole discretion:
-Terminate all direct contact with such customers.
-Take any other action that we consider appropriate to the circumstances, including (but not limited to) termination of your subscription, banning you from our services, and any other action we deem necessary.
IN PLAIN ENGLISH: We are not responsible for your use of our website and Services, and it is made at your own risk.
You agree that your use of the services shall be at your own risk. The services are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including without limitation implied warranties of merchantability, non-infringement, and fitness for a particular purpose. We do not warrant that the services will be uninterrupted or error-free, or that these services or the server(s) that makes them available are free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of certain implied warranties. accordingly, some of the above limitations may not apply to you.
Limitation of Liability
IN PLAIN ENGLISH: The maximum damages you may receive from damages we caused is limited. Don’t sue us.
Our liability to you, and to third parties, under this agreement and for any claim based on any legal theory, tort, contract, or other theory of liability, is limited to the amount you actually paid us in the thirty days prior to any damage occurring. Under no circumstances whatsoever will we or our affiliates, partners, officers, directors, employees, shareholders, agents, licensors, subcontracts and suppliers, be responsible or liable to you or to any other entity even if advised of the possibility of such damages under any legal theory, whether contract, tort or otherwise for any direct, compensatory, indirect, incidental, consequential including without limitation any lost income, data or other tangible or intangible losses, special, exemplary, or punitive damages that result from or relate in any manner whatsoever to your use of the services, or to any errors, inaccuracies, omissions, defects, security breaches, or any other failure to perform made by us. You own all content you generate through our software and services, and it is at your sole responsibility. you shall ensure to disclaim any liability in connection therewith from us, including without limitation, liability for its non-adherence to any system, lack of updates, or any other claim relating to damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations may not apply to you.
IN PLAIN ENGLISH: If we get sued for something you did, it will be your responsibility to pay for it.
You agree to defend, indemnify and hold us and anyone on our behalf, including but not limited to, all of our owners, managers, officers, affiliates, employees, licensors and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys’ fees, expert fees’, and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) any content you submit according to our Submission Policy; and/or (ii) any breach of these terms made by you.
Amending These Terms
IN PLAIN ENGLISH: We may update these terms from time to time, but we will let you know.
We may update this document from time to time. No update shall have a retroactive effect. When we update significant terms, we shall notify you via email. If you continue to use our website and Services following such update, you agree to be bound by the new terms. If you believe that any amendment to the terms of service impairs your right to use purchased products or services in a manner that affects your business or rights materially, do let us know and we will either issue you a partial refund for the time period which you will not be able to utilize the service or we will discuss a specific term to be applied to you.
Third-Party Components
IN PLAIN ENGLISH: We may use third-party libraries in our website or Services, we’re not responsible for them.
The Services may contain parts provided by third parties and links to outside services and resources. We do not screen, monitor, or control such content and services. Any concerns regarding any such linked service or resource should be directed to such particular service or resource provider. If we provide outside links, then such links are provided only as an informational resource, simply as a service and only for your convenience. We are not responsible or liable for such links or content. All third-party components in the Software are subject to third-party license terms. Your right to use such Third-Party Components as part of, or in connection with the Software is subject to any applicable acknowledgments and license terms accompanying such Third-Party Components contained therein or related to that, as set forth herein. If there is a conflict between the licensing terms of such Third-Party Components and these Terms, the licensing terms of the Third-Party Components shall prevail in connection with the related Third-Party Components. You hereby agree to such terms associated with the Third-Party Components. The Software is provided to you without any support for Third-Party Components, which are used with or in connection to the Software, whether installed on your server or otherwise, whether or not in source code.
IN PLAIN ENGLISH: We may close your account, or terminate the Services. You must stop using the Services at termination.
We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services immediately (including without limitation the right to receive support and update services), at our sole discretion without notice. Upon termination, you shall immediately cease using the Services. Any section which includes a representation or warranty shall continue to apply, including any covenant or obligation on your behalf to pay Fees. We shall not be liable for any damage caused to you or any third-party as a result of terminating these Terms or by suspending or otherwise limiting your use of the Services.
IN PLAIN ENGLISH: You bear all taxes that relate to our purchases.
Fees may differ between different jurisdictions based on taxes that we need to add; therefore, during checkout taxes will be added if applicable. Apart from that, the Fees are exclusive of taxes, if there are any, you will bear the taxes. You are responsible for reporting and paying taxes in connection with the Services, along with any related penalties or interest, as applicable to your purchase or country of purchase. In the event that you are required by law to deduct and/or withhold any amount from any payments made to us, then the Fees shall be deemed as grossed-up and increased such that the actual net amount to be paid to us shall be equal to the Fees that would have been due to Company without such deduction or withholding.
IN PLAIN ENGLISH: We need to get paid to sell you our support and update Services.
We offer our Services in the online store according to our current price list (“Fees”). We may update our Fees from time to time or change the payment method. You will be charged the Fees that arise from such changes only after notice is provided, either by email or a prominent notice on the Services. By continuing to use the Services following such notice, you agree to be bound by such modifications.
IN PLAIN ENGLISH: Pay for support, get support.
We will use reasonable efforts to respond to any support ticket in a timely manner. The Support Services shall not include: (i) altered or damaged Software or any portion thereof; (ii) problems caused by your negligence, abuse or misuse of the Software; and/or (iii) downtime due to: (a) our maintenance time; (b) your own Internet service provider; (c) a force majeure event; (d) any systemic Internet failures; (e) your acts or omissions; (f) third party software; and/or (g) anything outside of our direct control.
All Fees are exclusive of all taxes, including value-added tax, sales tax, goods and services tax, etc., levies or duties imposed by taxing authorities, as applicable (“Taxes”) which shall be borne solely by you. If we are obligated to collect or pay Taxes for the Fees payable by you, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of the Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). We are not responsible for any such additional fees or costs.