Terms & Conditions

By purchasing our products, you agree to the following terms and conditions:

1. Plugin Licensing
Cymatics, Inc. products, unless otherwise stated, are licensed under the GNU General Public License (https://www.gnu.org/licenses/gpl.html) version 2.0 or later.

2. Warranty
Plugins sold and distributed by Cymatics, Inc. are done so in the hope that they will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.

Inasmuch as WordPress functions correctly on a clean install of itself, Cymatics, Inc. products are guaranteed to function on a clean install of the minimum, stable and required version of WordPress & Divi for Cymatics, Inc. products. Because the number and variety of plugins is vast and wide, we do not guarantee that the plugin will function with all third-party plugins, themes or browsers of any kind. We do not assume responsibility and will not be held responsible for any conflicts or compatibility issues that may occur due to third-party software. We assume no responsibility for any data loss as a result of installing or using Cymatics, Inc. products. Should conflicts occur with third-party software, we may provide support at our discretion. Additionally, we are not liable and will not be held responsible for any personal loss, site damage, site errors, theft, fraud, loss of profits or revenue, loss of business or opportunities, or loss of customers or clients as a result of installing or using Cymatics, Inc. products. We are not liable and will not be held responsible for updates to WordPress or the Divi theme (or any other 3rd party plugin/theme or component) that cause certain functionality to stop working within our products.

3. Support
Cymatics, Inc., sells and distributes Cymatics, Inc. products “as is” and with no implied meaning that they will function exactly as you would like, or that they will be compatible with third-party components and plugins.

Support for plugins sold and distributed by Cymatics, Inc., is only available for those who have an active, paid license, if applicable.

Support for layouts sold and distributed by Cymatics, Inc., is limited to one (1) year from their purchase date.

Support and updates are granted for one(1) year after the original purchase based on the license you have purchased, if applicable. After one year is completed, the purchaser must renew their license in order to continue receiving support and updates for the items purchased, if applicable. For purchases that include an automatically renewing subscription, support will be provided for as long as the subscription remains active. The exception to this are Lifetime Licenses which are a one-time charge of the published Lifetime License price (for the applicable product) at the time of purchase. Lifetime Licenses do not need to be renewed and are considered “lifetime” and grant the license-holder to support and updates for the “lifetime” that the purchaser uses the product, or for as long as the product is being actively sold and developed.

Support and updates for Cymatics, Inc. products are provided as long as the purchased product is actively sold and in development, and as long as the user has an active license for the product. Should any one of the following occur, Cymatics, Inc., will no longer be responsible for providing support for Cymatics, Inc. products:

The specific Cymatics, Inc. product is no longer actively developed as a viable product under Cymatics, Inc.
Cymatics, Inc. is purchased or bought out by another company.
WordPress is no longer actively developed.
Whilst we attempt to provide the best support possible for our plugins, 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.

4. Subscriptions & Automatic Renewal
Unless otherwise indicated, Cymatics, Inc. products are sold as an automatically recurring subscription that renews each year on the anniversary of the purchase date.

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

Please note the following details of Cymatics, Inc. license subscriptions:

Subscription renewals are automatically processed annually on the anniversary of your original purchase. The license renewal will continue and remain valid for each one (1) year unless the subscription is canceled prior to the renewal date.
You may cancel your subscription at any time from your Cymatics, Inc. Account page on the Cymatics, Inc website.
If you choose to cancel your subscription you will no longer receive updates and support for the product when your license expires.
The renewal price will be the full plugin price as published at the time of initial purchase, exclusive of any discounts.
Grandfathered pricing: If you choose to cancel your subscription, and your renewal price is lower than the current listed price for your license (a “grandfathered” price), the lower renewal price will no longer be available to you.
If you choose to renew your subscription after it has been canceled and your license has expired, you will be charged the current listed price for your license. We cannot apply older or grandfathered pricing to your new renewal purchase.
We cannot grant refunds on renewal payments. You have the ability to log into your account at any point during the one year subscription period to cancel the automatic subscription renewal.
If you choose to cancel your subscription your license will expire on the anniversary of the original purchase, and you will no longer receive updates and support for the product.

5. License Usage
Depending on the individual product, Cymatics, Inc. grants each customer a non-transferable license to use the software for internal use, and as defined by the terms set in the customer’s chosen license package, if applicable.

Where the license package allows the software to be used on multiple sites the customer/license-holder may not on-sell the originally-purchased license key provided by Cymatics, Inc., to other users of the license (such as clients) for commercial benefit. Additionally, the customer may not sublicense, to any person or entity, any rights to distribute the software or license key. If a license key (or products) is being resold or redistributed, the license key will be deactivated without warning and without a refund. Cymatics, Inc. will only provide support services to the original customer/license-holder with a legitimate license key, and consider any other uses of this license key for support queries as fraudulent. A valid license key (with available activations) is necessary to use most of our products, as well as receive updates and support.

6. Automatic Updates
If applicable (some products may not have automatic updates) Automatic updates are available to license holders who have an active and valid subscription and license key. Automatic updates are available as long as the license key generated from the purchase is valid and active.

7. Plugin Delivery
After we have processed your payment successfully, you will receive an email with your order number and other purchase information. Your license key, if applicable, is available in your account area along with your plugin downloads. You can download the plugin by logging into the account created for you when purchasing the plugin and clicking on the appropriate link.

Should you not receive an email containing your information, you can contact us through https://cymaticswebdevelopment.com/support-tickets/ to request your purchase information.

Access to re-download purchased files will be granted so long as your license key is valid. If a license key expires, download access to the associated files will be discontinued until such time as the license key is renewed.

8. Ownership
All plugins are property of Cymatics, Inc.. Claiming any type of intellectual or exclusive ownership rights of our products is strictly prohibited.

Our plugins are provided “as is” without warranty of any kind, expressed or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur due to the use or inability to use our plugins.

9. Website & Plugin Content
All content found on this site and throughout the plugin including images, documentation, support queries and any other information is property of Cymatics, Inc. and may not be redistributed without permission or consent.

“Divi”, and “Elegant Themes” are registered trademarks of Elegant Themes, Inc.

10. Price Changes
Cymatics, Inc., reserves the right to modify, change, cancel or upgrade a plugin subscription and/or license key without prior notice or consent. Prices of all products are subject to change without prior notice or consent.

11. Divi
Unless otherwise indicated, all Cymatics, Inc. products require either the Divi Theme (by Elegant Themes) to function. The Divi Theme is property of Elegant Themes, Inc. and must be purchased separately from ElegantThemes.com. Divi, or any other products by Elegant Themes are not included with any of our products. Additionally, since Cymatics, Inc. products are made for and built on top of the Divi Builder, an understanding of how to use Divi is required to use our products effectively. Tutorials on how to use Divi can be found in the documentation section of the Elegant Themes website.

12. Refund Policy
We stand behind our products and their quality 100%, but due to the digital nature of our products, we have a “limited refund policy” that we strictly enforce. We provide refunds at our sole discretion, and only if you meet all of the following refund policy conditions:

Eligibility conditions for a refund request:

You are within the first 14 days of the original purchase date.
We cannot grant refunds after the first 14 days of the original purchase.
We cannot grant refunds on renewal payments. You have the ability to log into your account at any point during the one year subscription period to cancel the automatic subscription renewal.
You have a technical issue with a product that we are unable to resolve within 7 days which makes the system unusable. We may ask you questions regarding the nature of your refund request so we can improve the product in the future.
You have contacted our support team and allowed us to attempt to resolve your issue(s). If there’s a technical issue we are unable to solve in a timely manner (within 7 days of contacting us), we will happily grant the refund request.
Please note, technical issues caused by 3rd party plugins, themes, hosting environment, or other software will not provide grounds for a refund.
Changing your mind, or deciding not to use the product is also not grounds for a refund.
You agree to deactivate and uninstall the product from your site if a refund is granted.
Refunds will be offered at our sole discretion. By purchasing product(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.

13. Email
Cymatics, Inc., may occasionally send you emails related to the purchase of product(s) from our company. We may also send you occasional emails relating to product updates, promotions, new Cymatics, Inc. products or services, add-ons and the like. We will never sell or release your email to any third party vendors. You may opt out of these emails at any time without penalty.

14. License Agreement
By purchasing our product(s), you indicate and consent that you have read and agree to the Terms & Conditions listed and detailed on this page. We reserve the right to change or modify the current Terms and Conditions without prior notice or consent.

15. Severability
If any part of this agreement is declared unenforceable or invalid, all remaining clauses in this agreement shall remain binding on the customer.

16. Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

17. US Based Company
The laws of the United States of America (USA) govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the USA courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.

18. Comment Policy
For our blog and comments, we’ve adopted the policies directly from Elegant Themes in the spirit of the Divi community as a whole. Please refer to the Elegant Themes Comment Policy to learn how we deal with comments.

19. Privacy Policy
By using our website, and/or purchasing our products, you also agree to our Privacy Policy.