Terms of service

1. These terms

By buying from this site, creating an account, or using our software, you accept these terms. If you do not accept them, do not use the site or the software.

The licence terms, the refund policy and the privacy policy form part of this agreement. Where you are buying on behalf of a company, you confirm you are authorised to bind it, and "you" means that company.

We may change these terms. The version that applies to a purchase is the version you accepted at checkout, which we record against your order. Changes affecting ongoing use take effect when published here, and continuing to use the software after that is acceptance of them.

2. Who you are contracting with

AiryThemes is a brand of Nxlogy Solutions Private Limited. Your contract of sale is with Nxlogy Solutions Private Limited, and that name appears on your invoice. Card and bank statements show NXLOGY SOLUTIONS.

3. What you are buying

You are buying a licence to use software. You are not buying the software, its source code as property, or any intellectual property in it. All of that remains ours. What the licence permits is set out in the licence terms.

Every purchase includes a period of updates and support, stated on the product page and on your invoice. When that period ends the software keeps working permanently; only new releases and support stop, and both resume if you renew.

4. Delivery and refunds

Digital goods are delivered immediately on payment. Downloading the files completes the sale and ends any right to a refund under our policy. The full position, including the window that applies before you download, is in the refund policy, which you accept at checkout.

5. Your account

You are responsible for everything done under your account and for keeping your credentials secret. Tell us promptly if you believe someone else has access to it. We are not responsible for loss arising from your failure to keep your account secure.

One account belongs to one person or one company. Accounts may not be shared or sold.

6. Acceptable use

You agree not to:

• redistribute, resell, sublicense or publish our software or any part of it;
• remove, obscure or alter any licensing, attribution or build marker in the files we supply;
• circumvent, disable or interfere with licensing or update checks;
• use the software to build a competing product;
• abuse our staff, our support system, or other customers;
• attempt to gain unauthorised access to our systems, or to test them without written permission.

Each distribution we supply carries a marker identifying the licence it was built for. If a copy of our software appears where it should not, we use that marker to trace it back to the account it came from, and we act on what we find.

7. Suspension and termination

We may suspend or close an account, and revoke its licences, where we reasonably believe it has breached section 6, has been used to defraud a payment processor, or has raised a chargeback rather than contacting us.

No refund is due on termination for breach, and any support term already used is forfeited. Where we terminate without cause, we refund the unused portion of any support term.

8. Payment and tax

Prices are shown inclusive or exclusive of tax as indicated at checkout, and tax is applied according to where you are. Payment is taken at purchase; downloads and your licence key follow once payment settles. For purchases outside India our payment provider acts as merchant of record and its buyer terms apply to that transaction in addition to these.

Tax registration details, such as a GSTIN, must be given at checkout. They cannot be added to an invoice after it has been issued, because the invoice is a sequential legal record we are not permitted to alter.

9. Support

Support covers our software: installing it, configuring it, and defects in it. It does not cover customising it for you, your hosting, your other plugins, or third-party code — though we will usually point you in the right direction.

We aim to respond within one business day. That is a target we work to, not a contractual guarantee, unless we have agreed one with you in writing.

10. Product retirement

We may stop selling a product. If we do, you keep the licence you bought, downloads stay available for the period announced, and security fixes continue for the period announced — both stated on the product page and emailed to licence holders when the announcement is made. Retirement does not entitle you to a refund.

11. Warranties

The software is provided "as is". To the fullest extent the law allows, we exclude all warranties and conditions not expressly stated here, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the software will be uninterrupted or error-free, that it will work with every theme, plugin, host or configuration, or that it will meet a requirement you have not told us about. You are responsible for testing it in your environment — which is what the staging installations included with every licence are for.

12. Limitation of liability

To the fullest extent the law allows, we are not liable for loss of profit, revenue, business, goodwill, data, or for any indirect or consequential loss, however it arises, even if we were told it was possible.

Our total liability arising out of or in connection with your use of the software or this site is limited to the amount you paid us for the licence in question in the twelve months before the claim.

Nothing here excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.

Keep your own backups. We are not liable for data lost from a site running our software.

13. Indemnity

You will indemnify us against any claim, loss or cost arising from your breach of these terms, your misuse of the software, or your redistribution of it.

14. Third-party services

Our software may connect to services we do not control, and this site links to sites we do not control. We are not responsible for them.

15. General

If any part of these terms is found unenforceable, the rest continues to apply. Our not enforcing a term is not a waiver of it. You may not transfer your rights under these terms without our written consent; we may transfer ours as part of a sale or reorganisation of the business.

Notices to you go to the email address on your account. Notices to us go to support@airythemes.com.

16. Governing law

These terms are governed by the laws of India. The courts at Noida, Uttar Pradesh have exclusive jurisdiction, except that we may bring proceedings to protect our intellectual property in any competent court.

If you are a consumer, this does not deprive you of the protection of mandatory consumer law where you live.