Draft

Last updated: January 15, 2025

Welcome to ElementKits

We’re excited to be your partner in creating beautiful and functional websites. By accessing our website, purchasing our products, or using our services, you agree to comply with these Terms of Service. This document outlines the rights and responsibilities between you and ElementKits.

Please take a moment to read this carefully. If you have any questions, feel free to reach out. Your continued use of our products and services indicates your acceptance of these terms. If you do not agree, please refrain from using our website or services.

1. General Terms

1.1 Agreement to Terms

By accessing or using the ElementKits website or any services provided by us, you agree to be bound by these Terms of Service, as well as any additional policies, guidelines, or rules that we may establish. These terms constitute a legal agreement between you and ElementKits, and by continuing to use our services, you acknowledge and accept the terms outlined here. If you do not agree with any part of these terms, please refrain from using our website or services immediately. Your continued use of our website or services after any updates to these terms will be considered your acceptance of the changes.

1.2 Eligibility

To use the ElementKits website or services, you must meet the following eligibility requirements:

• Age: You must be at least 18 years old or, if under 18, have obtained parental or legal guardian consent to use our services.
• Legal Capacity: You must have the legal capacity to enter into and be bound by these Terms of Service. If you are using our services on behalf of an organization, you represent and warrant that you are authorized to do so.

If you do not meet these eligibility criteria, you are prohibited from using our website or services.

1.3 Modification of Terms

ElementKits reserves the right to modify, update, or amend these Terms of Service at any time. Any changes to the terms will be posted on this page, with an updated "Last Updated" date to reflect the modification. We recommend you review these Terms periodically to stay informed of any updates. By continuing to access or use our services after the updated terms are posted, you accept and agree to the revised terms. If you do not agree with the updated terms, you must stop using our services immediately.

2. Products and Services

2.1 Overview

At ElementKits, we offer a range of high-quality digital products designed to simplify website creation:

• HTML Templates: These are pre-built website structures coded in HTML, providing a foundation for fast and responsive web development. They are ideal for developers seeking clean and professional designs that can be easily customized.
• Elementor Template Kits: Ready-to-use, professionally designed templates for the Elementor page builder. These kits allow users to create visually appealing websites without any coding, perfect for entrepreneurs, small businesses, and creators.
• WordPress Plugins: Specialized software add-ons that enhance the functionality of WordPress websites. From improving user experience to boosting performance, these plugins are designed to meet various website needs.

2.2 Free and Premium Offerings

• Free Products: Available to support creators, students, and entrepreneurs in low-income economies.
• Premium Products: High-quality, advanced tools offered at a one-time fee with lifetime access.

2.3 Licensing Options

Products are offered under two licensing models:

• Regular License: For single-use personal or commercial projects, allowing modification and customization.
• Extended License: Covers installation exactly as shown in the demo, ideal for larger or commercial projects.

3. Pricing and Payments

At ElementKits, we strive to provide a seamless shopping experience for our global customers. We offer multi-currency support, allowing you to pay in your preferred currency for ease and convenience.

Payment Methods:

• Primary Payment Gateway: PayPal and Xendit, ensuring secure and efficient transactions.
• Wallet System: You can store funds in your wallet and use them for future purchases, making the process quicker and more efficient.
• Offline Payments: We understand that some buyers may prefer offline payment methods. You can pay via bank transfer or other means that are convenient and possible for you. Please contact us for assistance with offline payments.

4. Account and Security

At ElementKits, we prioritize the protection of your account and personal information. We implement industry-leading measures to ensure that your data is secure and that your experience on our platform is both safe and smooth.

Creating an Account

To access exclusive content, make purchases, and use the wallet system, you'll need to create an account with us. When signing up:

• You will be asked to provide basic information, such as your name, email address, and password.
• Ensure your password is strong and unique to safeguard your account from unauthorized access.

Account Management

Once you've created an account, you can:

• View and manage your orders: Track the status of purchases, view receipts, and download digital products.
• Update your personal information: Modify your email, shipping address, and other details at any time.
• Manage your wallet: Add funds to your wallet, track your balance, and use it for future purchases.

Security Features

Your account's security is our top priority. We use a combination of the following measures:

• SSL Encryption: All sensitive data, including personal information and payment details, is transmitted securely via SSL encryption.
• Two-Factor Authentication (2FA): For additional security, we offer two-factor authentication (2FA), which requires you to verify your identity using a secondary method (e.g., a code sent to your phone).
• Password Protection: Always choose a strong, unique password for your account. We recommend using a combination of upper and lowercase letters, numbers, and special characters.

Privacy and Data Protection

We value your privacy and adhere to strict policies to protect your personal data. Your information is only used for the purposes of processing orders, improving customer experience, and sending relevant updates. We will never share your data with third parties without your consent, except as required by law.

Account Recovery

If you forget your password or need to regain access to your account, simply follow the Forgot Password link on the login page. We'll guide you through the process to reset your password and regain access securely.

Security Best Practices for You

• Always log out of your account after using ElementKits, especially when accessing it on shared or public devices.
• Never share your account credentials or personal details with anyone.
• Regularly check your account for any unauthorized activities, and report any suspicious actions to us immediately.

We are committed to providing you with a safe and secure platform to enjoy all that ElementKits has to offer.

5. Refund Policy

At ElementKits, we are committed to delivering high-quality digital products and services. While we work hard to ensure that our products meet your expectations, we understand that sometimes issues may arise. This Refund Policy outlines how to request a refund and the conditions under which refunds are granted.

Refund Window

• Request Period: You may request a refund within 5 days from the date of your purchase. This window allows time for us to address any concerns or issues you may have.

Refund Conditions

To be eligible for a refund, the following conditions must be met:

• The product has not been used, modified, or altered.
• The product has not been downloaded or installed on a live or production environment.
• The refund request is made within 5 days of the purchase date.

Refunds will be issued to your ElementKits Wallet and can be used for future purchases on our platform.

Non-Refundable Products and Services

Refunds will not be granted for the following:

• Made-to-order products or custom services.
• Products that have been downloaded, accessed, or used in a live/production environment.
• Products that have been modified or altered.
• Products marked as non-refundable or final sale on the product page.
• Installation services, as these are provided optionally and are not refundable.

Refund Process

How to Request a Refund: If you believe your product qualifies for a refund, contact us via email at hello@elementkits.com or through Telegram: @elementsdev. Include your order number and a brief explanation of why you are requesting the refund.

Review Process: Once we receive your request, we will review it to ensure it meets the refund conditions. If approved, the refund will be processed and credited to your ElementKits Wallet.

Refund Timeline: Refunds will be processed within 7 business days after approval. The funds will appear in your ElementKits Wallet and may take additional time to reflect.

Refunds to Wallet

• Refunds will be credited to your ElementKits Wallet and cannot be transferred to other accounts or withdrawn. You can use the refunded amount for future purchases on the platform.

Late or Missing Refunds

• If you have not received your refund after 7 business days, check your ElementKits Wallet. If the refund is not there, please reach out to us at hello@elementkits.com or t.me/elementsdev for assistance.

Exceptions

• We reserve the right to deny any refund request that we suspect involves misuse, fraud, or violation of our Terms and Conditions.

Changes to the Refund Policy

ElementKits reserves the right to update this policy at any time. Any changes will be posted here with an updated date, and we encourage you to review this policy periodically.

For further questions or concerns, feel free to contact us. We are here to assist you.

For full details, please refer to our Refund Policy.

6. Intellectual Property

All products, designs, materials, and content available on ElementKits are protected under applicable copyright laws, trademarks, and other intellectual property rights. Ownership of these products, designs, and any related content remains with ElementKits or with the original creators and contributors who have provided their materials to the platform.

By purchasing or downloading products from ElementKits, you are granted a limited, non-transferable, non-exclusive license to use the products in accordance with the specific terms outlined for the license you selected at the time of acquisition. This license is intended solely for your personal or business use as permitted under the terms, and any commercial use or distribution outside of the agreed-upon terms requires prior written authorization.

The following activities are strictly prohibited:

Redistribution: You may not distribute, share, or make available the products, whether for free or for a fee, to third parties, unless explicitly authorized by ElementKits in writing.

Resale: Reselling the products in their original or altered form, whether as standalone items or as part of a larger project, is not permitted unless otherwise agreed to in the licensing agreement.

Reverse Engineering: You may not attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code or underlying structure of any product or content, except where such actions are expressly allowed by applicable law.

ElementKits reserves the right to take legal action against any unauthorized use or violation of its intellectual property rights. Any infringement or breach of the terms will result in the termination of your license and potential legal consequences.

7. User Content

7.1 Contributions

By submitting any content to the ElementKits platform, including but not limited to reviews, comments, feedback, suggestions, or any other type of user-generated material, you grant ElementKits a non-exclusive, worldwide, royalty-free, perpetual license to use, display, distribute, modify, adapt, and create derivative works based on such content. This license extends to using the content for promotional purposes, including, but not limited to, marketing, advertising, social media posts, or other commercial and non-commercial uses related to the promotion of ElementKits and its products.

You acknowledge that ElementKits has the right to edit, modify, or remove any user-submitted content at its sole discretion, including in cases where the content may be deemed offensive, inappropriate, or in violation of these Terms and Conditions. ElementKits is under no obligation to post, publish, or otherwise use any content you submit.

7.2 Responsibility

You are solely responsible for all content you submit, post, or otherwise make available through the ElementKits platform. You agree that you will not submit content that:

Infringes upon the intellectual property, privacy, or publicity rights of others, including copyrighted or trademarked materials without the necessary authorization.

Contains any defamatory, libelous, obscene, offensive, harmful, or otherwise inappropriate material.

Violates any applicable local, state, national, or international laws, regulations, or guidelines, including but not limited to those concerning copyright infringement, data protection, and privacy.

Is fraudulent, misleading, or contains false statements.

By submitting content, you represent and warrant that you own or control all rights to the content, and that such content is accurate, lawful, and does not violate the rights of any third parties. If ElementKits receives any complaints or claims related to user-submitted content, you agree to cooperate fully with us in resolving such matters, including indemnifying ElementKits for any damages or liabilities incurred due to your content.

ElementKits reserves the right to terminate or suspend your account if you fail to comply with the content guidelines or if you submit content that violates these Terms and Conditions.

8. Prohibited Activities

To maintain the integrity of the ElementKits platform and to protect the rights of all users, the following activities are strictly prohibited:

8.1 Reselling or Sublicensing Products

You may not resell, sublicense, or otherwise transfer the ownership or rights to any product, material, or content obtained through ElementKits, either for profit or without compensation. This includes distributing the products as part of a package or offering them in any way that would allow others to obtain the products independently. Unauthorized reselling or sublicensing is considered a violation of our intellectual property rights and is subject to legal action.

8.2 Use of Products for Illegal or Harmful Purposes

You are prohibited from using the products for any unlawful, unethical, or harmful activities. This includes, but is not limited to:

Using the products to create or distribute content that promotes or engages in illegal activity, hate speech, violence, harassment, discrimination, or any other harmful behavior.

Utilizing the products in a way that could harm, exploit, or otherwise infringe upon the rights of others, including but not limited to violating the privacy or intellectual property rights of third parties.

Using the products in violation of any local, national, or international laws or regulations, including data protection, cybersecurity, or intellectual property laws.

8.3 Distribution or Replication Without Authorization

You may not distribute, replicate, or otherwise share our products without proper authorization from ElementKits. This includes:

Repackaging, rebranding, or making copies of the products for redistribution, resale, or any other form of unauthorized distribution, whether digitally or physically.

Uploading or hosting our products on any platform, website, or file-sharing service where they can be accessed or downloaded by others without express written permission from ElementKits.

Using our products in any way that facilitates the illegal sharing, distribution, or downloading of unauthorized copies.

Engaging in any of the above activities will result in the immediate termination of your license to use ElementKits products and may lead to legal action, including claims for damages. ElementKits reserves the right to monitor, investigate, and take necessary steps to prevent prohibited activities. By using the products, you agree to comply with these terms and acknowledge that failure to do so could have serious legal consequences.

9. Support Services

At ElementKits, we are committed to providing exceptional customer service and ensuring that you have the best experience with our products. If you need assistance, have questions, or require technical support, we offer multiple channels for you to reach us. Our dedicated support team is here to help resolve any issues you may encounter.

9.1 Support Tickets

For more detailed and personalized assistance, you can submit a support ticket through our official support system. This allows us to track and address your issue promptly. When submitting a support ticket, please provide as much relevant information as possible, including:

• A detailed description of the issue or inquiry.
• Steps to reproduce the problem, if applicable.
• Any error messages or screenshots that may help us better understand the situation.

Our support team will review your ticket and respond as quickly as possible, typically within the time frame specified in our support guidelines. For complex issues, we may request additional information to ensure that we can resolve the matter effectively.

9.2 Telegram Community

For quicker, more informal support and community interaction, you can join our Telegram Community at @elementsdev. This platform allows you to connect with other users, share experiences, ask questions, and receive support from both our team and the community. While our team monitors this channel and provides assistance, please note that responses may not be as detailed or personalized as those provided through the support ticket system.

The Telegram community is also a great way to stay updated on new product releases, announcements, and updates, as well as to engage with other ElementKits users.

9.3 Availability and Response Times

We strive to provide timely support through both channels, though response times may vary based on the nature and volume of requests. We encourage you to use the appropriate support channel depending on the urgency and complexity of your issue. For technical or account-related issues requiring in-depth troubleshooting, submitting a support ticket is the most efficient way to get personalized help.

9.4 Limitations of Support

While we offer customer support through these channels, we do not provide ongoing or full-scale technical support for all third-party integrations, customized implementations, or development work beyond the scope of our products. Please refer to the specific terms and documentation for guidance on using ElementKits products effectively.

We are always looking to improve our support services, so if you have any feedback on your experience, we encourage you to share it with us!

10. Third-Party Services and Links

ElementKits may contain links, references, or integrations to third-party websites, services, or resources that are not operated or controlled by ElementKits. These third-party services are provided for your convenience and may offer additional functionality, tools, or content that complement or enhance your use of ElementKits products.

10.1 External Links and Websites
While we may include links to third-party websites or external resources on our platform, we do not control, endorse, or assume any responsibility for the content, accuracy, legality, or practices of those sites. These third-party websites or services may have their own terms of service, privacy policies, and data collection practices, which you should review before interacting with them.

10.2 Performance and Availability
ElementKits makes no guarantees regarding the performance, reliability, or availability of any third-party services or resources. If you encounter issues using any third-party service linked to or integrated with ElementKits, we are not liable for any problems, interruptions, or damages that may arise as a result.

10.3 Use at Your Own Risk
Your use of third-party services, whether through links on ElementKits or integrations, is at your own risk. We encourage you to exercise caution and evaluate any third-party services or websites before providing personal information, making purchases, or relying on them for any purpose.

ElementKits is not responsible for any transactions, claims, or disputes that may occur between you and any third-party service providers. If you have concerns or issues related to a third-party service, you should contact the service provider directly for resolution.

11. Limitation of Liability

ElementKits will not be liable for any damages, losses, or expenses arising from or in connection with:

11.1 Use or Inability to Use Our Products
ElementKits is not responsible for any damages, including direct, indirect, incidental, special, or consequential damages, resulting from the use or inability to use our products, whether due to errors, defects, or interruptions in service.

11.2 Third-Party Integrations or External Services
We are not liable for any issues, damages, or losses caused by third-party integrations, external services, or content linked to or used with ElementKits products. Any reliance on such services is at your own risk.

11.3 Technical Issues Beyond Our Control
ElementKits is not responsible for any technical issues, including but not limited to server downtime, connectivity problems, or interruptions caused by factors outside of our control, such as internet service disruptions, hardware failures, or third-party service outages.

In no event will ElementKits’s total liability exceed the amount you paid for the product(s) in question. By using our products, you agree to accept these limitations and understand that ElementKits cannot be held responsible for certain risks or losses.

12. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the Philippines, without regard to its conflict of law principles. By using ElementKits products or services, you agree that any disputes, claims, or legal proceedings arising out of or in connection with these Terms of Service will be exclusively resolved under the jurisdiction of the courts in Manila, Philippines.

You consent to the personal jurisdiction of such courts and waive any objections to venue or inconvenient forum.

13. Changes to Terms

ElementKits reserves the right to modify, update, or amend these Terms of Service at any time, at our sole discretion. Any changes will be posted on this page with an updated revision date. It is your responsibility to review these Terms periodically to stay informed of any updates.

Your continued use of our services after any changes are posted constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must discontinue use of our products and services.

14. Contact Us

If you have any questions, concerns, or need support, please feel free to reach out to us through the following channels:

• Email: hello@elementkits.com
• Telegram: @elementsdev

We are happy to assist you and ensure you have the best experience with ElementKits.

Final Note

Thank you for taking the time to review our Terms of Service. By using ElementKits, you agree to these terms, and we encourage you to revisit this page periodically for any updates. We are committed to providing you with high-quality products and excellent customer service, and we value your trust in us.

If you have any questions or concerns about these Terms or need further clarification, please don’t hesitate to contact us. We appreciate your continued support and look forward to serving you.

Thank you for choosing ElementKits—we’re here to support your creative journey!