Acceptance of Terms
Pexfly.com (“Provider”) provides GPL licence software and website services to its club members allowing members access to the downloading of content and GPL files (“Downloads” or “Software”) and/or to (“You”, “User” “Visitor” or “Customer”), subject to the following Terms of Service (“TOS”). By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access or use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
Customer is NOT provided a 3rd party Developers license key.
The WordPress themes, plugins, extensions, addon and snippets authored by Provider and/or distributed on Pexfly.com are licensed under the GNU general public license (“GPL”). No license key is required.
While all of the WordPress-interactive code of those products is licensed under the GPL, there may be other content, such as images and Cascading Style Sheets (“CSS”) files, licensed under proprietary terms. Please review the licensing terms included with any purchases for the terms that apply to it.
Membership and Downloads
To gain access to the Downloads/Software or members only content at Provider website requires an active club membership. Some Files may need activation from our side and can take up-to 24 working hours to show up. Fair use Policy is applicable In case any person or members is found violating the terms or Copying our data for other websites can lose access to there membership , no refund shall be provided.
Product / Priority Support*
Provider’s support is limited to supporting customers with access to our website services and downloads only. Tech Support for the Developers software is not provided by Pexfly.com. If tech support is required from the Developers, then you must purchase the files directly from the Developers.
If required, you can buy support directly from their Developer’s website.
The downloads available at Pexfly.com are provided “as is,” with no implied warranty that they will function as you wish or with any third party software, themes, extensions, addons, components or plugins.
Given the nature of digital content that can be downloaded instantly after a purchase has been made; there is no “trial” or “grace period” after purchasing a Membership or any product, which means all sales are final. Once you have downloaded an item, there is no way to “return” it. If your Product didn’t worked and we are unable to solve the problem , we will refund your full amount without any question only for Separate Product Purchases.
Refund requests for any Membership Plans will not be entertained by any means, if any product has already been downloaded or some products doesn’t meet your expectations.
We will assess refund requests on their merits but generally, there is no obligation to provide a refund if:
you have changed your mind;
you Purchased by mistake;
you ask for Purchase Keys or API ;
you lack the technical ability to make the item work;
you can no longer download the item because it has been removed from our website;
you are in breach of our fair play policy.
Each individual product purchased from the Provider includes complimentary updates for 365 days from the date of purchase. If a user chooses a club membership subscription, (example: 1-month or 1-year subscription) they will receive updates up until the subscription expires or the up-to-the moment the user cancels said subscription. The frequency of updates is up to Provider’s sole and absolute discretion. Some Products added to our website can be changed or removed without any notice , no refund shall be process in that case.
Users will be required to create an account when purchasing any products. They are responsible for maintaining the confidentiality of their password and are not permitted to share and/or distribute their account login details. Users are fully responsible for all activities that occur under their account and agree to immediately notify Provider of any unauthorized use of their account or any other breach of security. The provider will not be liable for any loss or damage arising from user’s failure to comply with these terms. Provider requires all users to be 18 of age or older to sign up for an account. By creating an account a user represents that user is 18 years of age or older.
Account Termination and Suspension
Provider reserves the right to suspend and/or terminate any user account without notice, in its sole and absolute discretion. No refunds will be provided to users who have their accounts terminated. Examples of reasons for termination include 1) Abusive behavior and/or excessive negativity towards the Provider staff and/or other Provider users; 2) Repeated defamatory, malicious, and/or false statements including slander against Provider, and/or attempts to persuade potential users away from purchasing Provider products; 3) Promoting competitor products, contributing to software piracy, hacking, spamming, or other illegal acts; 4) Provider reasonably believes that your account has been compromised, shared with others, or for other security reasons.
After Provider has successfully received customer payment, the Product digital product will be authorized access to download option. This may take up to 24 hours after purchase but usually happens within 5-10 minutes. To assure the delivery of customer account details, it is the responsibility of customer to provide a valid email address.
Provider reserves the right at any time to modify and/or discontinue a product with or without notice. Further, the Provider may add new products and/or services with or without notice. Prices of any products are subject to change at any time without any notice.
Copyright Claims / DMCA Policy
Provider respects intellectual property rights. To send a copyright infringement notification to the provider, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit the Provider to contact the complaining party via an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
By entering your name and email address into any of the forms on our website you consent that you are subscribing (that you have “opted-in”) to our free Pexfly.com email newsletter. This newsletter is offered as a free service by Pexfly.com and no purchase is necessary.
If you do not wish to receive our newsletter you can easily un-subscribe at any time by clicking the un-subscribe link provided at the bottom of every email. Pexfly.com will NEVER share or sell your email address to any third party.
Business Use Of Our Goods and Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Provider and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Good or Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Provider does not provide any warranty.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER PROVIDER NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT ITS GOODS OR SERVICES. FOR EXAMPLE, PROVIDER DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE GOODS OR SERVICES, THE SPECIFIC FUNCTION OF THE GOODS OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE GOODS AND SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Users agree to indemnify and hold harmless provider and its affiliates, owners, officers, agents, and employees from any claim, suit or action arising from or related to the use of the services or downloads or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgements, litigation costs and attorneys’ fees.
Liability For Our Products And Services
WHEN PERMITTED BY LAW, PROVIDER, AND PROVIDER’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PROVIDER, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID PROVIDER TO USE PROVIDER’S GOODS AND/OR SERVICES.
IN ALL CASES, PROVIDER, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Global Disclosures and Miscellaneous
This website may include links to other websites. These links are provided for your convenience to provide further information. We have no responsibility for the content of the linked websites.
Every effort is made to keep the website up and running smoothly. However, we do not take responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
All downloads available at Pexfly.com have been developed by 3rd party (“Developers”).
Names, expressions and trademarks are used to the extent necessary to truthfully and accurately identify products according to the fair use doctrine.
Pexfly.com is not affiliated, associated, authorized, endorsed by or in any way related to 3rd party Developers. Including: WordPress, WooCommerce, WooThemes, Elegant Themes, Rocketgenius Inc., GravityForms, iThemes, OnTheGoSystems, AppThemes
Downloads are provided by Pexfly.com in full compliance with the General Public License (GPL).
Pexfly.com will not guarantee the functionality of downloads nor shall it be held liable for any damages caused by installing downloads.
Pexfly.com will not provide direct plugin/theme specific support for these downloads – if support is needed, please consider purchasing a support license from the respective Developer.
Updates to TOS. The TOS may be updated from time to time. Pexfly.com reserves the right to change or modify current Terms and Conditions with no prior notice.
Other Guidelines Or Terms. If there is a conflict between this TOS and those for a specific Provider service, the terms for the specific service will prevail.
No Third Party Beneficiaries. These terms control the relationship between Provider and you. They do not create any third party beneficiary rights.
No Waiver. If you do not comply with these terms, and Provider does not take action right away, this does not mean Provider is giving up or waiving any rights, such as the right to take action in the future.
Severability. If a particular term in the TOS is not legally enforceable, it will not affect the other terms.
Affiliates Terms & Policy
All our affiliate referral payment will be processed after verification of truthfulness of Order, Do not use our affiliate program for buying your own products , in such cases no affiliate payment will be made and can result to account termination , Use of our logo or content of our websites are permitted to our affiliates , 40% flat commission will be paid on individual products , 10% flat commission will be paid on any Premium Membership Plan. All the adjustments will be made on the payment cycle .
Every download available at Pexfly.com has been developed by 3rd party developers. We are not affiliated, associated, authorized, endorsed by or in any way related to 3rd party developers. Downloads are provided by Pexfly.com in full compliance with the General Public License (GPL). Names, expressions and trademarks are used to the extent necessary to truthfully and accurately identify products according to the fair use doctrine.Pexfly.com will not guarantee the functionality of downloads nor shall it be held liable for any damages caused by installing downloads.