Terms & Conditions

Changelog

11 July, 2014: Added terms for Wordpress theme licensing
12 August, 2014: Updated to reflect current product offerings
12 October, 2018: Updated to reflect current product offerings
9 October, 2020: Revised terms and conditions including acceptable use policy
3 November 2022: Updated mailing address.

General

Binding Agreement: These terms and conditions set forth the terms and conditions that apply to your purchase and use of a Product from Digital Helper Ltd. By purchasing or using a Product, you acknowledge and agree that you accept and are legally bound by these Terms. If you do not accept these Terms, you must not use the Products. If you are dissatisfied with these Terms, your sole and exclusive remedy is to discontinue use of the Products.

Amendments: Digital Helper may update these Terms at any time, without notification, and you should review these Terms periodically. Your continued use of a Product will be deemed irrevocable acceptance of any such revisions.

Ability to Enter into These Terms: To enter into these Terms, you must have reached the legal age of majority in your jurisdiction of residence and be fully competent to enter into and abide by these Terms. It is your responsibility to ensure legal eligibility to enter these Terms under applicable laws. By accepting these Terms, you represent that you have the capacity to be bound by them.

Definitions:

“Date of Purchase” refers to the date of a commercial transaction with Digital Helper.
“End Product(s)” refers to a single instance of a Digital Helper theme installed for a personal or commercial project.
“Intellectual Property Rights” includes any proprietary rights, including trademarks, patents, and copyrights, recognized globally as of the Date of Purchase or thereafter.
“Product(s)” includes any paid item, subscription, or service offered by Digital Helper.
“Product Update(s)” refers to updates to a Product released by Digital Helper for fixes or feature additions.
“Supported Browser(s)” are, unless otherwise stated, the most recent stable versions of Chrome, Firefox, Safari, and Internet Explorer 11 or above.
“Unsupported Browser(s)” are browsers not listed as Supported Browsers.

Individual Theme Purchase

General

Digital Helper retains all Intellectual Property Rights and other proprietary rights to the Products, including the Product(s) you purchase.

License

If you purchase a Product, Digital Helper grants you or one of your clients, a non-exclusive worldwide license to use such Product to create a single End Product. A single Product license cannot be used for multiple clients.

Each Product license allows installation once on one domain.
The User is not allowed to distribute, duplicate, resell in original form, or modify the Product for resale.

Support

Our support team will assist with the initial Product installation and features. However, manual installation assistance for theme updates is not provided. You are entitled to Product Updates for the Product's commercial lifespan. Customization help is not guaranteed.

For more details on support, please refer to our support policy, which may be updated periodically and can be found on our website.

Wordpress Themes

General:
For Digital Helper's Wordpress themes, theme code based on Wordpress’ code base is licensed under Wordpress’ GPL license. All other theme-related code and assets are licensed as described in Section 5.

Acceptable Use Policy

You agree not to use the Products in a manner that:

Infringes any third party’s intellectual property or proprietary rights;
Is misleading, deceptive, fraudulent, or otherwise illegal, including phishing or fraud;
Is defamatory, abusive, harassing, or invasive of another’s privacy;
Promotes discrimination, hate, or violence, as determined by Digital Helper;
Impersonates a Digital Helper employee or misrepresents your affiliation;
Interferes with the functionality of the Products or prevents others from using them;
Uses personal data without consent, violates laws, or attempts unauthorized access to Digital Helper systems;
Attempts to reverse-engineer the Product software;
Copies, stores, rearranges, or distributes any part of the Products.

Shopify’s Acceptable Use Policy: You agree not to use the Products in violation of Shopify’s acceptable use policy, available at Shopify AUP. If your Shopify account is terminated due to policy violation, Digital Helper may terminate your license and rights without penalty.

Our newsletter provides updates on releases and critical updates. Unsubscribe by clicking the “unsubscribe” link in any newsletter email.

Warranties

General:
Digital Helper warrants that all Products are developed and maintained according to industry standards, undergo internal quality reviews, and are fit for sale.

Browser Support:
Digital Helper themes are functionally compatible across all Supported Browsers. If certain features are not feasible due to browser limitations, a reasonable alternative may be implemented at Digital Helper’s discretion.

Disclaimer:
YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RESPONSIBILITY AND RISK. THE PRODUCTS ARE PROVIDED "AS IS," AND DIGITAL HELPER DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

Exclusions of Liability

DIGITAL HELPER IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS. DIGITAL HELPER’S TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT. SOME JURISDICTIONS MAY NOT ALLOW THESE LIMITATIONS, AND THEY WILL BE ENFORCED TO THE EXTENT PERMITTED BY LAW.

Digital Helper is not responsible for any errors arising from improper Product installation, third-party products, post-purchase changes, or Unsupported Browsers.

Class Action Waiver: You give up the right to participate in any class action lawsuit regarding these Terms.

Governing Law and Jurisdiction

These Terms are governed by the laws of British Columbia, Canada, and you consent to the exclusive jurisdiction of its courts. Digital Helper may seek injunctive relief in any jurisdiction.

Miscellaneous

Digital Helper may terminate these Terms if you fail to comply with them. If any part of these Terms is deemed unenforceable, the remainder will remain in effect.

Failure by Digital Helper to enforce any rights under these Terms does not constitute a waiver.

Contacting Digital Helper You may contact Digital Helper by email at info@digitalhelper.com or by mail at 200-535 Yates St, Victoria, BC V8W 2Z6