Terms and Conditions of xtemos.com
This document governs
- the use of our website, and,
- any other related agreement or legal relationship with us
in a legally binding way.
You must read this document carefully.
Our website is provided by: XTemos Studio
Contact email: [email protected]
What you should know at a glance
Please note that some provisions may only apply to certain categories of users. In particular, certain provisions may only apply to consumers or to those users that do not qualify as consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all users.
TERMS OF USE
Unless stated otherwise, the terms in this section apply generally when using our website.
Specific or additional conditions may apply in certain situations and are noted in this document.
By using our website, you confirm the following:
- you are older than
18; - you are not in a country under a U.S. government embargo or designated as a “terrorist-supporting” country;
- you are not on any U.S. government list of prohibited or restricted parties.
Account registration
To use the service, you can register or create an account by providing complete and truthful information. You can also use the service without an account, but this might limit some features (e.g., access to downloads, licenses, and support).
You are responsible for keeping your login details confidential and must choose strong passwords as allowed by our website.
By registering, you agree to take full responsibility for all activities under your username and password.
You must immediately inform us using the contact details in this document if you believe your personal information, account, or login details have been violated, disclosed, or stolen.
Conditions for account registration
- It is not permitted to register accounts by bots or any other automated methods;
- You must register only one account, unless otherwise specified;
- Your account must not be shared with other persons unless otherwise specified (e.g., team seats where provided).
Account termination
You can close your account and stop using our service anytime by contacting us at the contact details provided in this document.
Account suspension and deletion
We reserve the right to suspend or delete your account at any time and without notice if we find it inappropriate, offensive, or in violation of these terms.
Suspending or deleting accounts does not entitle you to claim for any compensation, damages, or reimbursement.
The suspension or deletion of accounts due to causes attributable to you does not exempt you from paying any applicable fees or prices.
Content on the website
Unless otherwise noted, all content on our website is owned or provided by us or our licensors.
We do our best to ensure the content on our website complies with all laws and respects third-party rights. However, this may not always be achievable.
If you believe your rights are being infringed, please report any issues using the contact details provided in this document.
Rights regarding content on our website – All rights reserved
We hold and reserve all intellectual property rights for all content.
You may not use such content in any way that is not necessary or implied for the proper use of the service.
Specifically, but without limitation, you may not copy, download, share (beyond the limits mentioned below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer, assign to third parties, or create derivative works from the content on our website. You also cannot allow any third party to do so through your account or device, even unknowingly.
Where explicitly stated, you may download, copy, and share some content from our website for personal and non-commercial use, provided you correctly implement copyright and other required attributions.
Any statutory limitations or exceptions to copyright remain unaffected.
Access to external resources
Through our website, you may access external resources provided by third parties. You acknowledge and accept that we have no control over these resources and are not responsible for their content or availability.
Conditions for third-party resources, including any rights granted in their content, are governed by those third parties’ terms and conditions or by applicable law.
Acceptable use
Our website and service may only be used within the scope of what is provided for, under these terms and applicable law.
You are solely responsible for ensuring your use of our website and service does not violate any laws, regulations, or third-party rights.
We reserve the right to protect our interests by denying you access to our website or service, terminating contracts, and reporting any misconduct to the appropriate authorities if you are involved in or suspected of the following:
- violating laws, regulations, or these terms;
- infringing on third-party rights;
- significantly impairing our legitimate interests;
- offending us or any third party.
TERMS AND CONDITIONS OF SALE
Paid products
Some of our products require payment. Details about fees, duration, and conditions are described below and in the dedicated sections of our website.
Product description
Prices, descriptions, and availability of products are detailed in the relevant sections of our website and may change without notice.
Although we strive for accuracy in presenting products on our website, representations (including graphics, images, colors, and sounds) are for reference only and do not guarantee the characteristics of the purchased product. The specific characteristics of the chosen product are outlined during the purchasing process.
Purchasing process
Every action taken from selecting a product to submitting the order is part of the purchasing process.
Direct sales on xtemos.com: add to cart → checkout → create/login to account → payment → order confirmation → instant access to digital download, license key (if any), and support entitlement.
Sales via Envato: you are redirected to ThemeForest/Envato Market to complete the purchase under Envato terms; downloads, updates, and licensing follow Envato’s licensing and account.
Order submission
When you place an order, the following apply:
- submitting an order determines the contract conclusion and obligates you to pay the specified price, taxes, and any additional fees and expenses outlined on the order page;
- if the purchased product requires action from you, such as providing personal information or specific requests, submitting the order means you agree to cooperate accordingly;
- after submitting the order, you will receive a receipt confirming that the order has been received.
All communications regarding the purchasing process will be sent to the email address you provided.
Prices
During checkout and before order submission, you will see all charges, including any fees, taxes, and costs (including, where applicable, VAT pursuant to your location).
On our website, prices are displayed including or excluding applicable taxes as indicated on the product and checkout pages.
For EU consumers, VAT may be applied based on your billing country; for business customers with a valid VAT ID, reverse-charge mechanisms may apply where legally permitted.
Methods of payment
Details about accepted payment methods are provided during the purchasing process.
Certain payment methods might have additional conditions or fees. In these cases, more information can be found in the related section of our website.
We typically accept major credit/debit cards and other online payment methods (e.g., Stripe, PayPal). For Envato purchases, payment methods are managed by Envato.
Retention of product ownership
Until payment of the total purchase price is received by us, any products ordered will not become your property. For digital products, you receive a license to use the product according to the applicable license terms after successful payment.
Delivery
Digital delivery. Products are delivered digitally by making downloads available in your account or via secure links sent to your email, immediately or shortly after payment is confirmed.
After delivery, please verify download/access and report any issues promptly using the contact details provided in this document.
Goods are delivered to the following countries: Worldwide (digital delivery)
If a product includes any physical component (rare), delivery details and timelines will be stated clearly at checkout.
Failed delivery
We are not liable for delivery errors due to incorrect or incomplete information provided by you during the purchasing process, nor for any issues caused by your email provider, spam filters, local firewalls, or storage limitations preventing access to the download or license email. Please contact support if you cannot access your downloads.
License and usage
Use of our themes/plugins is governed by the applicable license:
- Envato purchases: the Envato Market License applies.
- Direct purchases: our End-User License Agreement (EULA) and these Terms apply. The license grants you rights to use the software per the plan purchased (e.g., site limits, update & support period).
Updates and support
Eligible purchases include access to updates and support for the period indicated on the product page or invoice (e.g., 6–12 months, or while a subscription remains active). Support covers installation, configuration advice, and issue troubleshooting related to our product; it does not include customizations or third-party conflicts unless expressly stated.
Refunds
Our refund policy is described on the checkout/support pages and may differ for Envato purchases (which are subject to Envato’s refund rules). For direct digital content, refunds may be unavailable after download/access is provided, except where required by law.
INFORMATION ABOUT THIS DOCUMENT
This document was generated with the use of the Terms and Conditions generator.
USER RIGHTS
Right of withdrawal (EU consumers)
Unless exceptions apply, if you qualify as a European consumer, you have the right to withdraw from a distance contract within 14 days, without giving any reason. If you don’t fit this qualification, you cannot benefit from the rights described in this section.
Digital content exception
For digital content not supplied on a tangible medium, you acknowledge and expressly consent that the right of withdrawal is lost once the download or streaming begins or once access to the product is granted, if you gave prior consent and acknowledgment at checkout.
Exercising your right of withdrawal (where applicable)
To withdraw from a contract, you must inform us clearly of your decision before the withdrawal period ends. If the digital content exception does not apply, we will reimburse payments in accordance with applicable law.
UK USER RIGHTS
Right to cancel
UK consumers have a 14-day right to cancel distance contracts. The digital content exception similarly applies where you consent to immediate supply and acknowledge the loss of cancellation rights.
GUARANTEES
Legal guarantee of conformity for goods under EU law
We guarantee the conformity of goods supplied to European consumers in accordance with applicable law. For digital content and services, we provide conformity with the contract, including functionality, compatibility, and security updates during the period required by law.
Conformity to contract for consumers in the United Kingdom
UK consumers have the right to receive digital content that conforms to the contract and to necessary updates during the expected period.
LIABILITY AND INDEMNIFICATION
Indemnification
You agree to indemnify us and our affiliates, officers, directors, and employees from any claims or demands made by third parties due to or in connection with any culpable violation of these terms or third-party rights related to your use of the service to the extent allowed by law.
Limitation of liability
Unless explicitly stated otherwise and subject to applicable law, you cannot claim damages against us (or any individual or entity acting on our behalf). This exclusion does not apply to damages affecting life, health, or physical integrity, damages arising from the breach of significant contractual obligations (such as those necessary to fulfill the contract’s purpose), and/or damages resulting from intentional or gross negligence.
Unless damages stem from intentional or gross negligence, or they impact life, health, or physical integrity, our liability is limited to typical and foreseeable damages at the time the contract was entered into.
US users
Disclaimer of warranties
Our website is provided on an “as is” and “as available” basis. Use is at your own risk. We disclaim all warranties to the fullest extent permitted by law. We do not warrant uninterrupted, timely, secure, or error-free service, nor that content will be accurate or reliable.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall we, along with our subsidiaries, affiliates, officers, directors, agents, partners, suppliers, or employees, be liable for indirect, punitive, incidental, special, consequential, or exemplary damages, or for loss of profits, goodwill, data, or other intangible losses. This section applies regardless of the legal theory and even if advised of the possibility of such damages.
Indemnification
By using and accessing the service, you agree to defend, indemnify, and hold us harmless from claims arising from your use of the service, your breach of these terms, violations of third-party rights, or violations of law.
COMMON PROVISIONS
No waiver
Our failure to assert any right or provision under these terms does not waive that right or provision.
Service interruption
To maintain the best service level, we may interrupt the service for maintenance, updates, or other changes, with appropriate notification where feasible.
Service reselling
You may not reproduce, duplicate, copy, sell, or exploit any part of our website or its service without our express written permission.
Privacy policy
For information on the use of personal data, see our Privacy Policy.
Intellectual property rights
All intellectual property rights associated with our website and products are owned by us or our licensors and are protected by law.
Changes to the terms
We may modify these terms at any time, informing you of any changes. Changes take effect from the date communicated onwards. Your continued use signifies acceptance. If you do not agree, you must stop using the service.
Assignment of contract
We may assign or transfer our rights and obligations under these terms, considering your legitimate interests. You may not assign your rights or obligations without our written permission.
Contact
All communications regarding the use of our website must be sent using the contact information provided in this document.
Severability
If any provision is invalid or unenforceable, the remaining provisions will remain in full force and effect.
Governing law
These terms are governed by the laws of Poland, without regard to conflict of laws principles.
Venue of jurisdiction
The competent courts of Poland (with local competence based on our registered office, e.g., Poznań) shall have exclusive jurisdiction, subject to mandatory consumer venue protections.
Prevalence of national law
However, if the law of the country where you are based provides higher consumer protection standards, such higher standards will prevail.
US users
We both agree to waive any right to trial by jury. Any claims under these terms shall proceed individually and not in a class action.
US users
Surviving provisions
- your license grants survive as stated in the applicable license;
- your indemnification obligations survive for five (5) years from termination;
- disclaimers and limitations of liability survive indefinitely to the maximum extent permitted by law.
DISPUTE RESOLUTION
Online dispute resolution for consumers
The European Commission provides an online platform for alternative dispute resolution for disputes arising from online sales and service contracts.
European consumers or consumers based in Norway, Iceland, or Liechtenstein can use this platform to settle disputes arising from online contracts. You can access the platform via this link.