WordPress Theme and Plugins Terms of Service

In this page, you can find all the terms and licensing limitations for our services. With the term “services” can be included: hosting services, streaming services, WordPress themes and WordPress plugins, mobile apps, technical support, or any other software or consumable service purchasable on this website. For the support terms definition please visit the page https://staging.pro.radio/support-terms-and-definition/ 

1. Terms acceptance

The following content describes the Pro.Radio terms of service, also defined as “agreement”. The purchase, download, or installation of our themes and plugins or other services as hosting or streaming is equivalent to the acceptance of these terms, which you have read, agreed, and acknowledged in full. The terms of service are implicitly applied to every user, including the customers who purchased our services or software from our resellers, and including every service, software as a service and software extension.

2. Amendments

Pro.Radio has the right to change the terms of this Agreement at any time and will notify via blog post about the changes. The customer or user of our software is responsible of staying up to date with such changes.

3. Terms of service

Pro.Radio provides this service, including themes, plugins, extensions, or hosting and streaming services on an “as is” and “as available” basis. We cannot guarantee the continuity of any specific feature or functionality, about our services or softwares, which may be changed depending on the technical evolution of the current technologies, server and browser changes, limitation and security boundaries. Each software can be retired anytime, while you can still use it, you must download any downloadable file as you purchase it, as we can retire it anytime, for obsolescence, disuse, or security issues. Pro.Radio will attempt to notify every customer in advance via Blog or email about any software, price, or service change.

4. Pro.Radio theme licensing

This theme or plugin is comprised of two parts.

(1) the PHP code and integrated HTML are licensed under the General Public License (GPL).

(2) All other parts, but not limited to the CSS and Javascript code, images, and design are licensed according to the license purchased from Pro.Radio.

Read more about licensing here: WordPress theme license

5. Warranty

We make no representations or warranties regarding the Web site and the content, including, without limitation, no representation or warranty (1) that the Web site and/or content will be accurate, complete, reliable, suitable or timely; (2) that any content, including, without limitation, any information, data, software, product or service contained in or made available through the Web site will be of merchantable quality or fit for a particular purpose; (3) that the operation of the Web site will be uninterrupted or error free; (4) that defects or errors in the Web site will be corrected; (5) that the Web site will be free from viruses or harmful components; (6) that communications to or from the Web site will be secure or not intercepted; (7) the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; (b) the Service will meet your requirements or expectations (c) errors or defects will be corrected, or (d) the Services are free of viruses or other harmful components.

In addition to the above disclosure, Pro.Radio is licensed under The General Public License. For the developers’ and authors’ protection, the GPL also clearly explains that there is no warranty explicitly implied for the use of Pro.Radio or its derivatives.

6. Limitation of Liability

In no event shall Pro.Radio be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the services for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. Notwithstanding the foregoing, in no event shall the total liability of Pro.Radio, for all damages, losses, and causes of action whether in contract, tort including negligence, or otherwise, exceed the aggregate dollar amount paid by the User claimant to Pro.Radio in the twelve months prior to the claimed loss, damages or other such alleged event giving rise to the basis of claim.

7. Release and Indemnity

You hereby expressly and irrevocably release and forever discharge Pro.Radio, including the company’s directors, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts,executions, damages,  judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.

You hereby agree to indemnify and hold harmless Pro.Radio, including the company’s directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of this Agreement, (ii) the use of the Services, by You or any person using your account, or (iii) any violation of any rights of a third party.

8. General

If a court of competent jurisdiction holds that any provision of these Terms is invalid or unenforceable, the remaining provisions will remain in full force and effect, and the parties agree to modify the invalid or unenforceable provision by replacing it with such valid and enforceable provision as most closely achieves the original intent and economic effect of these terms as originally drafted. These terms are governed by and are to be construed in accordance with Spain Law and Pro.Radio and the Customer submit to the non-exclusive jurisdiction of the Spain Courts for the purposes of resolution of any dispute.

9. Site Content

All site content, including imagery and documentation that is published on pro.radio is the property of Pro.Radio. Any replicated site content must be authorized in advance. Content from this site shall not be used or exploited for commercial or non-commercial purposes without the prior written consent of Pro.Radio.

10. Privacy Policy and Data Protection

The customer acknowledges that it is necessary for Pro.Rado to collect, process, and use customer data in order to process orders and purchases, manage VAT and for the Pro.Rado website to function correctly. The data can be ceased to third party providers in order to accomplish to the service provisioning, such as hosting companies, servers or email providers.

11. Licensing

In plain English: the theme is yours forever unless you don’t try to resell the same license to multiple people or make multiple websites with the same license, because that breaks our deal.
The price of the license includes also 1 year of updates and support. After one year, if you want you can get another year of updates and support. If you don’t , still the theme and plugins you have are yours.

Licenses are valid forever if the client doesn’t break the License Terms. The theme license is NOT the Update and Support service. A valid and active license key is required in order to get updates and support for purchased themes and extensions after the frist year and is completely optional. After one year, license keys may be renewed at the current price. We reserve the right to remove or alter renewal terms and conditions. The price may vary anytime. We will send a notification in advance if the price of the renewal will change. We put our effort to maintain constant the prices, but they may change depending on the market and money value changes, and on the cost of the work and of our providers’ services.

12. Pricing

We reserve the right, at any time, to modify or discontinue, temporarily or permanently, support or any of our products with or without notice. Prices of all products are subject to change. Notice of price changes will be made on the site.

All products are sold as automatically recurring subscriptions that renew every year on the anniversary of the purchase date. This is applicable for all paid products unless otherwise states; and the ones that come with a lifetime license which do not require renewals.

13. Software Updates

Theme and plugin updates and support are included with each license for a year from the date of the purchase. The updates will be available from the download page of your personal account or, where possible, via the automatic update procedure within the WordPress dashboard of a valid and actived (via purchase code) website using our themes and plugins.

14. Support Services

The support for our themes and plugins is only available for those who have purchased and currently have an active “Support and Updates service” of such plugins or themes. Owners of free copies or expired licenses will not receive support from Pro.Radio.  In order to continue receiving support and updates the purchaser must renew his “Support and Updates service”.

Support and updates are provided as long as our products are actively in development. Should any one of the following occur, we will no longer be responsible for providing support for our products:

• Pro.Radio and the whole project is officially shut down.
• Pro.Radio or the parent company is purchased or bought out by another company.
• WordPress is no longer actively developed.
• The product is no longer actively developed as a viable product by “Pro.Radio”.
• The product is purchased or bought out by another company.

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 a timeframe that the inquirer is completely satisfied.

15. Refund Policy

We firmly believe in and stand behind our products 100%, but we understand that it cannot work perfectly for everyone all of the time. If you are unhappy with your purchase, or you have an issue that we are unable to resolve that makes the system unusable, we are more than happy to provide a complete refund within 14 days of your original purchase. To request a refund, please open a “Refund Request” support ticket.

Conditions required to request a refund:

• The request is submitted within 14 days from the original purchase date. If the product is being renewed, the 14 days are counted from the original date of the first purchase, not from the date of the renewal.
• A refund cannot be issued after 14 days from the original purchase.
• The product is not working as described or as shown in the demo pages.
• You are unable, after reading the documentation, to install or use the theme or plugins properly.
• You have an issue that we are unable to resolve 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.
  • If your issue(s) comes from not being able to install a plugin properly or get the plugin to perform its basic functions, we will happily consider your refund request.
• You have contacted our support team and allowed us to attempt to resolve your issue(s), or have explained why the plugin will not work for you.
  • • Please note, technical issues caused by 3rd party plugins, themes or other software will not provide grounds for a refund.

Other refund conditions:

• We will process your refund as soon as we’re able to. In some cases we might ask you for the opportunity to resolve the issue for you.
• Refunds may only be issued within 14 days of the first purchase date. After 14 days no refunds can be processed.
• Refund periods are based on the first purchase date. If you have purchased and requested a refund in the past, the 14 days are from the first purchase, not the repurchase (or renewal) date.
• By requesting and receiving a refund, you relinquish all ownership of your license and agree to cease using the product immediately.
• We reserve the right to deny a refund request if deemed necessary.
• To submit a refund request, please open a support ticket.
• No refund will be provided if the request is submitted while a software, theme or plugin is still installed and in use.
• No refund is provided for incompatibilities between your website hosting and our theme/plugins as the software requirements are declared in advance and are standard for each WordPress environment
• No refund is provided for issues or malfunctionings caused by third party plugins, wrong server settings or incompatible server environments. Please make sure your server meets the requirements declared in the product documentation and eventually contact your hosting provider to request a verification.
• A refund cannot be provided if the theme or any of the bundled plugins is still in use in a public or local environment.

Refunds will be offered at our sole discretion. By purchasing theme(s) or plugin(s) from our site, you agree to this refund policy and relinquish any rights to subject it to any questions, judgment or legal actions. We are not liable to cover any differences in exchange rates between the time you purchased and the time you are refunded.