Terms and Conditions

Introduction

We are a US based company that creates software to make your website building experience more enjoyable. Please carefully read our Privacy Policy, Support Policy, and these Terms and Conditions.

Definitions

Throughout this Agreement and other policies within our site, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

"Agreement"

Refers to these Terms and Conditions;

"Site", "Website"

Refers to our website koniowp.com;

"We", "Us", "Our", "Konio"

Refers to our company;

"User", "You", "Your"

Refers to anyone using our service;

"Software"

Refers to our WordPress theme;

"Service"

Refers to the services we provide, which includes but it not limited to our software and customer interactions

Accepting These Terms

These Terms and Conditions govern your use of our website, including any content within, and service. These Terms and Conditions are applicable in full force and take control of how you can use this website and our software.

You must not use this website, if you have any objection to any of our Terms and Conditions or other policies within our site.

Accounts and Elgibility

In order to use our website and service, you must meet a number of conditions, including but not limited to:

You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
You must, if signing up on behalf of an organization, be authorized by that organization to bind it to this Agreement and you agree that you and the organization will be jointly and severally liable for any breaches hereof.
You must provide us with personal information and other information that we deem necessary to provide you with our Service.When registering for the Services, we may authenticate your identity through different third-party services and may require additional identification.

Acceptable Usage Policy

You must not:

Allow others to use your account or license, by means of sale, license, lease assign, transfer, pledge, or any other activity that may be considered as sharing or conveying ownership in your account.
Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Konio.
Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of our Site, Software, Service, or its Users’ computers.
Mine personal information from our website.
Try to guess usernames or passwords, or otherwise circumvent or attempt to penetrate or circumvent any technical restrictions or limitations in the Services or website.
Resell our service; meaning don’t offer others access to your software keys, or any other enabling methods, such as account credentials or activation codes.
Remove our legal notices or names from the Services.

Our Copyright

You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.

Your Copyright

Konio must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.

Trademarks

Konio and KonioWP are copyrights used by us to uniquely identify our site, service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing business.

Payments

Konio may occasionally update the pricing for our service.

Our services are sold as automatically recurring subscriptions that renew every year on the anniversary of the purchase date or a one time payment depending on your selection.

A recurring license will automatically renew at the end of the annual license term unless the purchaser cancels the subscription prior to the automatic renewal date.

Please note the following details of Konio subscription licenses:

Subscription renewals are automatically processed annually on the anniversary of the original purchase. The license renewal will continue and remain valid every year (1 year) unless the subscription is cancelled prior to the renewal date.
You may cancel your subscription at any time easily within your account or by contacting us. If you choose to cancel your subscription you will no longer receive updates and support for the software and service after your license expires.
Our software may come with a renewal discount that one can avail if the license is renewed within the renewal period. Post which, the renewal price will be the full plugin price as published at that particular time, exclusive of any discounts. Konio holds complete authority in managing the cost and discounts in such cases.
If you choose to renew your subscription after it has been cancelled and your extension license has expired, you will be charged the current listed price (at that particular time) for the extension license. We cannot apply older pricing to your new renewal purchase.

License of our Software

Konio is licensed under the GPLv3 license. When using Konio software, you receive all rights granted under the GPL.

Refund Policy and License Cancellations

We believe in our software and stand by it’s quality and performance. However, things might not work in the same way for everyone. Therefore, if you are a new customer (not a renewal) and come across an issue that cannot be resolved, or feel that our software isn’t working as expected, you can contact us for a refund within 14 days after your first purchase. We’ll be happy to refund the entire amount of your purchase.

We will process your refund as soon as possible. In some cases, we reserve the right to potentially resolve an issue for you.
Absolutely, no refunds will be processed after 14 days post-purchase. If you are not happy, apply for a refund within 14 days after your first purchase only.
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 renewal date.
By requesting and receiving a refund, you relinquish all ownership of your license and agree to cease the use of the software immediately.
We reserve the rights to reject a refund request if deemed necessary.
You can submit a refund request by opening a support ticket.

Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK.

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE OR OUR AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY. EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST INCOME, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM MADE BY US.

YOU OWN ALL CONTENT YOU GENERATE THROUGH OUR SOFTWARE AND SERVICES, AND IT IS AT YOUR SOLE RESPONSIBILITY. YOU SHALL ENSURE TO DISCLAIM ANY LIABILITY IN CONNECTION THEREWITH FROM US, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ITS NON-ADHERENCE TO ANY SYSTEM, LACK OF UPDATES, OR ANY OTHER CLAIM RELATING TO DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Idemnification

You agree to defend, indemnify and hold us and anyone on our behalf, including but not limited to, all of our owners, managers, officers, affiliates, employees, licensors and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys’ fees, expert fees’, and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) any content you submit according to our Submission Policy; and/or (ii) any breach of these terms made by you.

Changes

We reserve the right to modify these Terms and Conditions at any time, so please review them frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to these Terms and Conditions, we will notify you here that they have been updated.