Terms of Service
Last Updated: 20th September, 2023
1. Plugin Licensing
All of DiviGear’s Plugins, Child-theme, and Layouts, unless otherwise stated are licensed under the GNU General Public License (https://www.gnu.org/licenses/gpl.html) version 2.0 or later.
Plugins sold and distributed by DiviGear are done so in the hope that they will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
Inasmuch as WordPress functions correctly on a clean install of itself, DiviGear products are guaranteed to function on a clean install of the minimum, stable and required version of WordPress & Divi for DiviGear products. Because the number and variety of plugins are vast and wide, we do not guarantee that the plugin will function with all third-party plugins, themes or browsers of any kind. We do not assume responsibility and will not be held responsible for any conflicts or compatibility issues that may occur due to third-party software. We assume no responsibility for any data loss as a result of installing or using Divi Life products. Should conflicts occur with third-party software, we may provide support at our discretion. Additionally, we are not liable and will not be held responsible for any personal loss, site damage, site errors, theft, fraud, loss of profits or revenue, loss of business or opportunities, or loss of customers or clients as a result of installing or using DiviGear’s products. We are not liable and will not be held responsible for updates to WordPress or the Divi theme (or any other 3rd party plugin/theme or component) that cause certain functionality to stop working within our products.
DiviGear sells and distributes DiviGear’s products “as is” and with no implied meaning that they will function exactly as you would like, or that they will be compatible with third-party components and plugins.
Support for Plugins, Child-theme, and Layouts sold and distributed by DiviGear is only available for those who have an active, paid license.
Support and updates are granted for one year after the original purchase or lifetime, based on the license you have purchased. For one year licenses, after one year is completed, the purchaser must renew their license in order to continue receiving support and updates for the items purchased. For purchases that include an automatically renewing subscription, support will be provided for as long as the subscription remains active. The exception to this is Lifetime Licenses which are a one-time charge of the published Lifetime License price (for the applicable product) at the time of purchase. Lifetime Licenses do not need to be renewed and are considered “lifetime” and grant the license-holder to updates for the “lifetime” that the purchaser uses the product, or for as long as the product is being actively sold and developed. Support is granted for one year after the original purchase for a lifetime deal too. Users can purchase additional support as long as they want.
Support and updates for DiviGear products are provided as long as DiviGear is actively in development. Should any one of the following occur, DiviGear will no longer be responsible for providing support for DiviGear products:
The product is no longer actively developed as a viable product under DiviGear.
DiviGear or the parent company is purchased or bought out by another company.
WordPress or elegant themes are no longer actively developed.
Whilst we attempt to provide the best support possible for our Plugins, Child-theme, and Layouts, we do not guarantee that any particular support query can, or will be answered to the extent, or within a timeframe that the inquirer is completely satisfied.
4. Automatic Updates
If applicable (some products may not have automatic updates) Automatic updates are available to license holders who have an active and valid subscription and license key. Automatic updates are available for DiviGear’s products. Automatic updates are available as long as the license key generated from the purchase is valid and active.
5. Automatic Renewal
DiviGear’s products are sold as a one-time payment for lifetime updates unless otherwise indicated. This applies to 1 site, 3 sites, and unlimited site license.
If it’s mentioned, an automatically recurring subscription charge will apply each year on the anniversary of the purchase date. License subscriptions will automatically renew at the end of the annual license term unless the purchaser cancels their subscription prior to the automatic renewal date.
For lifetime subscription support is granted for one year. After one year users can purchase additional support as long as they want.
6. License Usage
DiviGear grants each customer a non-transferable license to use the software for internal use, and as defined by the terms set in the customer’s chosen license package (Single Site, 3 Site, Unlimited Sites).
Where the license package allows the software to be used on multiple sites (3 Site, Unlimited Sites) the customer/license-holder may not on-sell the originally-purchased license key provided by DiviGear, to other users of the license (such as clients) for commercial benefit. Additionally, the customer may not sublicense, to any person or entity, any rights to distribute the software or license key. If a license key (or products) is being resold or redistributed, the license key will be deactivated without warning and without a refund.DiviGear will only provide support services to the original customer/license-holder with a legitimate license key, and consider any other uses of this license key for support queries as fraudulent. A valid license key (with available activations) is necessary to use most of our products, as well as receive updates and support.
7. Plugin Delivery
After we have processed your payment successfully, you will receive an email with your order number and other purchase information. Your license key is available in your account area along with your child theme,layouts and/or plugin downloads. You can download the plugin by logging into the account created for you when purchasing the plugin and clicking on the appropriate link.
Should you not receive an email containing your information, you can contact us through https://divigear.freshdesk.com/support/tickets/ new to request your purchase information.
Access to re-download purchased files will be granted so long as your license key is valid. If a license key expires or refund, download access to the associated files will be discontinued until such time as the license key is renewed.
All products are property of DiviGear. Claiming any type of intellectual or exclusive ownership rights of our products is strictly prohibited.
Our plugins are provided “as is” without warranty of any kind, expressed or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur due to the use or inability to use our plugins.
9. Website & Plugin Content
All content found on this site and throughout the plugin including images, documentation, support queries and any other information is property of DiviGear and may not be redistributed without permission or consent.
“Divi”, and “Elegant Themes” are registered trademarks of Elegant Themes, Inc.
10. Price Changes
DiviGear reserves the right to modify, change, cancel or upgrade a plugin, layout or child theme subscription and/or license key without prior notice or consent. Prices of all products are subject to change without prior notice or consent.
Unless otherwise indicated, all DiviGear products require either the Divi Theme or Extra Theme (by Elegant Themes) to function. The Divi Theme or Extra Theme is property of Elegant Themes, Inc. and must be purchased separately from ElegantThemes.com.
12. Refund Policy
We stand behind our products and their quality 100%, but due to the digital nature of our products that they cannot work perfectly for everyone all of the time., we have a “limited refund policy” that we strictly enforce. If you have an issue that we are unable to resolve that makes the system unusable, we will be happy to consider offering a refund.
Refunds will be offered at our sole discretion and must meet all of the following conditions fully:
Eligibility conditions for a refund request:
- You are within the first 14 days of the purchase of the plugin, child theme or layout pack. Absolutely no refunds will be issued after 14 days.
- No refunds will be granted for product renewal payments as you have had 12 full months to cancel the subscription. (Applicable to automatically recurring subscription only)
- You have an issue that we are unable to resolve within 7 days which makes the system unusable. We may ask you questions regarding the nature of your refund request so we can improve the plugin in the future.
- You have contacted our support team and allowed us to attempt to resolve your issue(s). If there’s an issue we are unable to solve in a timely manner (within 7 days of contacting us), we will happily grant the refund request.
- Please note, technical issues caused by 3rd party plugins, themes, hosting environment, or other software will not provide grounds for a refund.
- Changing your mind, or deciding not to use the product is also not grounds for a refund.
- A refund for any particular product or membership will only be granted for the initial purchase. If you have made a purchase, requested a refund for that item and then purchased again we will not issue the refund the second time.
- You agree to deactivate and uninstall the plugin from your site if a refund is granted.
To receive a refund:
First, deactivate your license and uninstall the plugin (you must deactivate your license prior to uninstalling since this does not occur automatically when the plugin is removed). Then contact support with your license key and the email address used to purchase the plugin. Once we have confirmed your license details and that it has been deactivated, we will issue you a refund via your original payment method.
By purchasing plugins. child themes or layout packs from our site, you agree to this refund policy and relinquish any rights to subject it to any questions, judgment or legal actions.
DiviGear may occasionally send you emails related to the purchase of product(s) from our company. We may also send you occasional email newsletters relating to DiviGear’s updates, promotions, extensions and the like. We will never sell or release your email to any third party vendors. You may opt-out of these emails at any time without penalty.
14. License Agreement
By purchasing our product(s), you indicate and consent that you have read and agree to the Terms & Conditions listed and detailed on this page. We reserve the right to change or modify the current Terms and Conditions without prior notice or consent.
If any part of this agreement is declared unenforceable or invalid, all remaining clauses in this agreement shall remain binding on the customer.
16. Comment Policy
For our blog and comments, we’ve adopted the policies directly from Elegant Themes in the spirit of the Divi community as a whole. Please refer to the Elegant Themes Comment Policy to learn how we deal with comments.