Terms & Conditions
Please read these terms and conditions (“Terms”) carefully before purchasing any themes from Evothink (“Company”) on the Zendesk Marketplace. By making a purchase, you agree to be bound by these Terms and enter into a legally binding agreement with the Company.
1.1 “Theme” refers to the customizable design and layout created by the Company and made available for purchase on the Zendesk Marketplace.
1.2 “Customer” refers to any individual or entity purchasing a Theme from the Company.
1.3 “Zendesk Marketplace” refers to the online platform operated by Zendesk Inc. where Themes are made available for purchase.
2.1 Upon the successful purchase of a Theme, the Company grants the Customer a non-exclusive, non-transferable license to use the Theme for the Customer’s own internal business purposes only.
2.2 The Customer may install and use the Theme on a single Zendesk account associated with their organization.
2.3 The license is granted on a per-customer basis and is non-transferable. The Customer may not resell, redistribute, or sublicense the Theme without the Company’s prior written consent.
Theme Support and Updates
3.1 The Company will provide support and updates for purchased Themes for a period of [insert duration] from the date of purchase.
3.2 Support may be provided through the Zendesk Marketplace or through other channels designated by the Company.
3.3 The Company reserves the right to modify or discontinue support or updates for a Theme at its sole discretion.
4.1 The Customer may customize the purchased Theme to suit their specific requirements.
4.2 The Company shall not be responsible for any customization performed by the Customer, and any issues arising from such customization shall be the sole responsibility of the Customer.
Intellectual Property Rights
5.1 The Company retains all rights, title, and interest in and to the Theme, including any modifications, updates, or enhancements made to the Theme.
5.2 The Customer acknowledges that the Theme is protected by copyright and other intellectual property laws. The Customer agrees not to remove, alter, or obscure any copyright or proprietary notices included in the Theme.
Warranty and Liability
6.1 The Theme is provided on an “as is” basis without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
6.2 The Company shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use or performance of the Theme, even if the Company has been advised of the possibility of such damages.
7.1 The Company reserves the right to terminate the license granted to the Customer if the Customer breaches any of these Terms.
7.2 Upon termination, the Customer must cease all use of the Theme and destroy any copies of the Theme in their possession.
Governing Law and Jurisdiction
8.1 These Terms shall be governed by and construed in accordance with the laws of the United States.
8.2 Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the United States.
9.1 Entire Agreement: These Terms constitute the entire agreement between the Customer and the Company regarding the purchase and use of Themes and supersede all prior agreements, understandings, or representations, whether oral or written.
9.2 Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
9.3 Waiver: The failure of the Company to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.
9.4 Assignment: The Customer may not assign or transfer their rights or obligations under these Terms without the prior written consent of the Company.
9.5 Amendments: The Company reserves the right to modify or amend these Terms at any time. The updated Terms will be posted on the Company’s website or the Zendesk Marketplace, and it is the Customer’s responsibility to review them periodically.
9.6 Contact: If you have any questions or concerns about these Terms, please contact the Company at email@example.com.
By making a purchase, you acknowledge that you have read, understood, and agreed to these Terms and Conditions for Theme Purchases on the Zendesk Marketplace.