Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://avatardivi.com website (the “Service”) operated by AVATAR PIXEL INCORPORATED (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Account means a unique account created for You to access our Service or parts of our Service.
• Country refers to: Florida, United States
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to AVATAR PIXEL INCORPORATED.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Goods refer to the items or products offered for sale on the Service.
• Promotions refer to contests, sweepstakes or other promotions offered through the Service.
• Service refers to the Website.
• Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to Avatar Divi, accessible from https://avatardivi.com
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, You are solely responsible for the renewal your Subscription. Your Subscription will be renewed under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refund Policy

Except when required by law, paid Subscription fees are non-refundable.

Due to the nature of our Goods (non-tangible digital goods), it is not possible to “return” the Goods therefore we DO NOT offer refund or exchange after purchase is made if a product is functioning normally but a customer simply changes their mind, no longer wants the product, ordered the wrong product, found a cheaper product, found a better product, or was aware of the relevant limitations before buying the product – for example, if the limitation is indicated in the product descriptions or documentation. It is your responsibility to read all the product descriptions and documentation provided on the website before making a purchase. If you are having any issue with the file, trouble setup, or have any questions, please submit a support email, we will do our best to resolve the problem. Please note, technical issues caused by third-party plugins, themes or other software will also not provide grounds for a refund.

Refunds will be offered at our sole discretion if it has been determined that the product is faulty and we are unable to resolve the issue. Refunds on faulty products are only available within the first 14-days after purchase. We are not liable to cover any differences in exchange rates between the time you purchased and the time you are refunded.

Eligibility conditions for a refund request

• As stated above, You are within the first 14 days of the purchase of the plugin. 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 14 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 14 days of contacting us), we will happily grant the refund request. As stated above, technical issues caused by third-party plugins, themes or other software will also not provide 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.

If a refund is granted you agree to deactivate and uninstall the plugin from your website(s) and delete all copies.

By purchasing plugins from our site, you agree to this refund policy and relinquish any rights to subject it to any questions, judgment or legal actions.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

All trademarks, service marks, trade names, product names and logos appearing on the site are the property of AVATAR PIXEL INCORPORATED. Any rights not expressly granted herein are reserved.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

You are not allowed to plagiarize our content and/or translate our articles on your site. You can reference us on your own blogs or sites as long as you give us full credit.

All content found on this website or our plugins including images, videos, documentation and any other information is property of AVATAR PIXEL INCORPORATED and may not be redistributed without prior permission or consent.

Plugin License

All AVATAR PIXEL INCORPORATED plugins, unless otherwise stated, are licensed under the GNU General Public License Version 2.0 or later (http://www.gnu.org/licenses/gpl.html).

Feature Request

The Feature Request option is offered as a complementary service, therefore You agree that You should not, and You will not claim any rights including but not limited to copyrights, patents, trademarks or licenses of any type in the case Your idea, suggestion, or request gets implemented, coded into, or added to Avatar Divi or any other plugin, service or products created by AVATAR PIXEL INCORPORATED. You hereby irrevocably waive, forfeits and relinquishes any right, title or interest it may have in and to any intellectual property created. AVATAR PIXEL INCORPORATED retains any and all rights, title and interest in and to the Software and all copies thereof, including copyrights, patents, trademarks and other intellectual property rights.

Ownership

All plugins are the property of AVATAR PIXEL INCORPORATED. Claiming any type of intellectual or exclusive ownership rights of our products is strictly prohibited.

License Usage

AVATAR PIXEL INCORPORATED grants each customer the non-transferable right to use and incorporate the purchased item in a number of website(s) as defined by the terms set in the customer’s chosen license package. The Single Site License allows you to use the purchased item on ONE website only. The Professional and Agency License allows you to use the purchased item on MULTIPLE websites.

The purchased items may not be resold or redistributed. They must also not be incorporated into a piece of work that is intended to be resold or redistributed. Some of the plugins may contain licensed components. Those components must only be used within the purchased item. Please also refer to the specific component’s usage terms and guidelines.

Additionally, the originally-purchased license key provided by AVATAR PIXEL INCORPORATED may not be resold or redistributed. AVATAR PIXEL INCORPORATED 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.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS OWNERS, EMPLOYEES, PARTNERS, AGENTS OR AFFILIATES AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, GOODWILL OR OTHER INTANGIBLE LOSSES, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS TERMS), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

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 our products.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

Your use of the Service and our Products is at your sole risk.

Our products and the Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects WITHOUT WARRANTY OF ANY KIND. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Support

Our products are provided “AS IS” and with no implied meaning that they will function exactly as you would like. We do not provide support for product customization, alteration or feature addition, nor do we guarantee that our products will be compatible with third-party software or services. Should conflicts with third-party software occur, we may provide support at our discretion.

AVATAR PIXEL INCORPORATED provides support for its own products only and support is only available for those who have an active and valid license. AVATAR PIXEL INCORPORATED will only provide support services to the original customer (license-holder) as registered for the product on Avatar Plugins website.

Support requests for AVATAR PIXEL INCORPORATED products purchased from the Avatar Plugins website should be made via the Contact form provided.

Whilst we attempt to provide the best support possible for our products, we do not guarantee that any particular support query can, or will be answered to the extent, or within the timeframe that the enquirer is completely satisfied with.

Updates

AVATAR PIXEL INCORPORATED will make every attempt to ensure that active products sold on our website are compatible with future releases of the Divi Builder or your WordPress version. However, we cannot guarantee the timeframes for these updates.

Automatic updates are available for AVATAR PIXEL INCORPORATED plugins. Automatic updates are available as long as the license key generated from the purchase is still valid and active. You will also have access to updates via your account page.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: contact@avatarpixel.com
• By visiting this page on our website: https://www.avatarpixel.com/contact

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.

Terms History

Effective Date: December 1, 2022