Terms of Service

About These Terms

What these terms cover

These are the terms and conditions on which we supply to you our WordPress themes and plugins (referred to in these terms as “Products”) and related maintenance and support services (referred to as “Services”).

Why you should read them

Please read these terms carefully before you submit your order to us. These terms tell you who we are, the basis on which we provide the Products and the Services, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or anything is unclear, please contact us to discuss.

We may update these terms

We may revise these terms of use at any time by amending this page. We will notify you of any changes.

Information About Us And How To Contact Us

Who we are

We are Heroic Media Ltd, a company registered in England and Wales. Our company registration number is 08589870 and our registered office is at The Glades, Festival Way, Stoke-On-Trent, England, ST1 5SQ. We are referred to as ‘us’ or ‘HeroThemes’ in these terms.

How to contact us

You can contact us by using the contact form for all purposes other than support requests. If you are an existing customer, you should use our support page to raise support requests.

How we may contact you

If we have to contact you, we will do so by writing to you at the email address you provided to us in your order.

Our Contract With You

How we will accept your order

Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

Your order number

We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us with a support or billing question.

Cancelling Your Subscription

30-day money back offer

You may cancel your order at any time within 30 days and we will refund you all sums paid in full. This will terminate our contract with you and we will no longer provide the Services to you. Details are contained in our Money Back Guarantee.

Cancellation at the end of your subscription period

If you notify us by means of your HeroThemes account on HeroThemes.com that you wish to cancel your subscription for any other reason, your subscription will end at the end of the then-current subscription period. You will not be entitled to any refund in respect of your then-current subscription period.

Cancellation if the Product is faulty and we cannot fix it

If the Product does not operate in accordance with our documentation (“Documentation”), and we are unable to fix it within a reasonable time as part of the Services, we will offer you a refund of the sums paid under your subscription in the previous 12 months. This does not apply if the fault arises because:

• you, or anyone acting with your authority, amended the Product;
• you are not using a current version of Chrome, Firefox or Internet Explorer (“a Supported Browser”) or current version of WordPress;
• you did not use the Product in accordance with the Documentation; or
• the Product has not been installed in a suitably configured WordPress website; or
• your website contains plugins or themes other than those supplied in the official WordPress installation package.

No other right of cancellation

If you decide to stop using the Product or the Service for any other reason, we will not be obliged to offer you a refund and your subscription will continue until the end of the current subscription period.

Time to process refunds

Refunds may take up to 10 working days and will be credited to the same payment method you used to pay for your subscription.

Your Right To Use The Product

When you purchase a subscription, you acquire the right to use the Product; you are not actually acquiring the rights to the Product. In consideration of payment by you of the agreed subscription fee and you agreeing to abide by these terms, we grant to you a limited licence to use the Product. The terms of the licence are the GNU general public license version 3. You acknowledge that all intellectual property rights in the Product throughout the world belong to us, that rights in the Product are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Product other than the right to use it in accordance with these terms.

We also licence to you when you purchase a subscription the right to use sample content comprised within the Product, comprising articles with some images, the Sample Content. The Sample Content is not covered by the GNU general public licence. Your licence to use the Sample Content is non-exclusive and non-transferable, and limited to the right to use it in conjunction with the Product for the purposes of the website for which you have ordered the Product. We reserve all other rights in the Sample Content. The Sample Content is provided on an ‘as is’ basis. You acknowledge that it has not been developed for your specific requirements and may not be suitable for your website. Examples of sample content referenced or depicted on our website may not be representative of the Sample Content provided to you.

Providing The Products And The Services

We will make the Product available for download by you as soon as we accept your order. Unless you cancel your subscription as set out in the ‘Cancelling Your Subscription’ section above, we will supply the Services to you until your subscription expires or we end the contract by written notice as set out in the ‘Termination for Breach’ section below. Once your subscription terminates, your right to receive the Services will terminate.

Support

As part of the Services, we provide support services, in response to support requests raised through our website using your order number as set out in our Support Policy.

We reserve the right to amend the Support Policy at any time. We will not be obliged to provide support services in respect of any issue arising because:

• you, or anyone acting with your authority, amended the Product;
• you are not using a current version of a Supported Browser or current version of WordPress;
  you did not use the Product in accordance with the Documentation;
• of any defect in your website;
• the Product has not been installed in a suitably configured WordPress website; or
• your website contains plugins or themes other than those supplied in the official WordPress installation package.

We will only provide support services in respect of the single website specified in your order in respect of which we have provided you with an order number.

Except for installing automatic maintenance updates to the Product, we will not access the server hosting your website or engage in any modification of your website unless you specifically instruct us to do so by email or in your support request, and we consider it reasonably necessary to do so in order to diagnose or correct an issue you have raised in a support request. In the event that we do so, we will not be liable in respect of any action taken by us in pursuance of a solution to your support request. Without limiting the ‘Limitation of Liability’ section below, by instructing us to access your website in this way, you are deemed to release us from any liability in respect of any resulting loss or damage to your website, any data hosted on it, or the server on which the website or such data are hosted.

You must provide all the information that may be necessary to assist us in resolving any defect or fault, including a documented example of any defect or fault, or sufficient information to enable us to re-create the defect or fault.

To the extent that we provide you details of professional services or other assistance provided by any other provider, this is provided for your information only. Such details should not be interpreted as approval by us of those providing that assistance or the services you may obtain from them. We have no control over any such provider, and we encourage you to conduct your own enquiries in respect of any service offered by them.

All support requests must be submitted by means of our support form. We are not obliged to respond to any requests for support services submitted by any other means.

Maintenace

For the duration of your subscription, we will make available to you updates of the Product such that it remains compatible with the then-current version of WordPress, and the Supported Browsers, being Chrome, Firefox and Internet Explorer; and, at our sole discretion, any further updates and new releases we make available generally to our subscribers.

You acknowledge and agree that we may directly install any updates into your website by means of our automatic update service. We are not responsible for any failure to install any update due to any network connectivity issues affecting your website, or your website using any non-WordPress-standard directory structures. If any automatic update fails, we will provide you with the update manually such that you can install it yourself.

No Warranties

We do not warrant that the use of the Product will be uninterrupted or error-free.
You accept responsibility for the selection of the Product to achieve your intended results and acknowledge that the Product has not been developed to meet your individual requirements.

We do not warrant that the Product will function with any third party software, components, plugins of web browsers other than the latest version of WordPress and the Supported Browsers.

Except as specified in these terms, all other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.

Price And Payment

Where to find the price for the subscription

The price of the subscription (which includes VAT or sales tax) will be the price indicated on the order pages when you placed your order.

When you must pay and how you must pay

You must pay for your subscription at the beginning of each subscription period.

No right of set-off

You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

Auto-renew

If you do not cancel your subscription in accordance with these terms, the subscription for the Services will automatically renew at the then-current price and for the same subscription period. We will charge your payment card on file with us on the first day of the renewal of the subscription period.

Increases in the subscription price

We shall be entitled to increase the subscription price at the start of each renewal period. We will give you prior notice of any such increase.

Limitation Of Liability

Nothing in these terms shall limit or exclude our liability for:

• death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
• fraud or fraudulent misrepresentation; or
• any matter in respect of which it would be unlawful for us to exclude or restrict liability.

Subject to the paragraph immediately above:

• we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
• our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100 per cent (100%) of the total sums paid by you to us under your subscription in the previous 12 months.

Indemnity

You agree to indemnify and hold harmless HeroThemes, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Products, Services and the Sample Content, including but not limited to your breach of your obligations under these terms.

Termination For Breach

We may terminate your subscription immediately by written notice to you if you commit a material or persistent breach of these terms (including the GPL licence terms under which the Product is licensed).

Upon termination of your subscription all rights granted to you to use the Services shall cease. If you breach the terms of the GPL licence terms under which the Product is licensed, we may terminate your rights to use the Product to the extent permitted by those terms.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of third party hosting providers, public or private telecommunications networks.

If an Event Outside Our Control takes place that affects the performance of our obligations under these terms:

our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

we will use our reasonable endeavours to find a solution by which our obligations may be performed despite the Event Outside Our Control.

How We May Use Your Personal Information

We will use the personal information you provide to us in accordance with our Privacy Policy.

We will only give your personal information to third parties where the law either requires or allows us to do so.

Other Important Terms

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation.

Our trade marks

“HeroThemes” and the HeroThemes logo are trade marks of Heroic Media Ltd, as are our product names including “KnowAll”, “Heroic Knowledge Base” and “Heroic FAQs”. You are not authorised by us to use them without our approval.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

This is our entire agreement with you

These terms constitute the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

Nobody else has any rights under this contract

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings

Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

Privacy Policy

Introduction

Heroic Media Ltd’s (“HeroThemes”) privacy policy is set out below.

HeroThemes respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This privacy policy is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

Important Information And Who We Are

Purpose of this privacy policy

This privacy policy aims to give you information on how HeroThemes collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter or purchase a subscription from us.

This website and the Services are not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements the other notices and is not intended to override them.

Controller

HeroThemes is the controller and responsible for your personal data (collectively referred to as HeroThemes, “we”, “us” or “our” in this privacy policy).

Contact details

Full name of legal entity: Heroic Media Ltd

You can contact us from our Contact Form

Postal address: The Glades, Festival Way, Stoke-On-Trent, England, ST1 5SQ

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy policy and your duty to inform us of changes

This version was last updated on 15 May 2018.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

The Data We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

• Identity Data includes username or similar identifier.
• Contact Data includes billing address, email address.
• Financial Data includes payment card details.
• Transaction Data includes details about payments to and from you and other details of subscriptions you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific theme or plug-in feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

Financial Payment Data

We do not process any payment card details or details of payments to or from you. Stripe and PayPal are the payment processors which collect these details in order to process subscription payments (and any cancellation refunds). The collection and processing of your payment card details in accordance with our payment processor’s privacy policy, which is contained in the Stripe privacy policy and the PayPal privacy policy.

How Your Personal Data Is Collected

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity and Contact Data by filling in forms or by corresponding with us by using the HeroThemes website, email or otherwise. This includes personal data you provide when you:

• apply for our subscriptions;
• create an account on our website;
• subscribe to our themes, plug-ins and support and maintenance services;
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us some feedback.

Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns.

We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy for further details.

How We Use Your Personal Data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need for the performance of a contract with you: that is, to provide our subscription services to you.

Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

Where we need to comply with a legal or regulatory obligation.

Where there is a Lawful Basis to do so.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by using the ‘unsubscribe’ link in our emails, or by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased subscriptions from us and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside HeroThemes for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosures Of Your Personal Data

We may have to share your personal data with the parties set out below for the purposes set out in the table above.

The following external service providers:

• Stripe, who provide us with payment processing services;
• Carthook, who provide us with a service which captures your email address during the purchase process to enable us to contact you in the event of an abandoned purchase process;
• Mailchimp, who provide us with email campaign services;
• OptinMonster, who help us with user engagement on our website;
• Kinsta, who provide hosting services;

Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services;

HM Revenue & Customs, regulators and other authorities;

Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

International Transfers

Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.

Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data Retention

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: please contact us if you would like us to do so.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include the right to request from us access to and rectification or erasure of personal data; restriction of processing concerning you; to object to processing as well as the right to data portability. If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Glossary

Lawful Basis

Legitimate Interest – means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract – means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation – means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.