Terms & Conditions

These terms & conditions apply to the update and support services provided by Edloomio
to you as a licensee of any GPL-licensed software provided by Edloomio for which you have paid the applicable fees.

By using the Edloomio website (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

The Terms of Service together with the Order Form, accessed and selected, by visiting the internet accessible platform service, under the name service Edloomio, constitute the Agreement between Edloomio (“We”, “Supplier” or “Edloomio”), and “You” (the “Customer”) ordering the “Services”.

Edloomio reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new Services, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at Terms of Service.
Violation of any of the terms below will result in the termination of your order. You agree to use the Services at your own risk.


Support Services of our Themes & Plugins

Edloomio will provide a reasonable level of technical and end-user support regarding the software via our online ticket system. Availability and manner of contacting will be published on the Edloomio website and other channels.


Update Services of our Themes & Plugins

Edloomio will from time to time release updates to the software that improve functionality or address bugs or limitations. Further, at your request Edloomio will strive to create updates that address issues identified by you, if reasonable and within the scope of the software.
Such updates will be owned by Edloomio and made available under the GPL license as with all Edloomio software and updates thereto.


Consideration

Support and updates are only available for any software for which you have paid the applicable support membership fees. For the period of this agreement, an initial fee is due. For subsequent months further fees are due as announced by Edloomio. Fees are due in advance and must be paid in the manner(s) as indicated by Edloomio. Refunds are available up to 14 days after payment. Edloomio may once every payment period adjust the fees for the next payment period.

Edloomio reserves the right to limit its service in case

  • The website(s) in question contain(s) explicit or offensive content
  • You or your staff does not behave in a civil manner towards Edloomio personnel
  • You repeatedly make demands that are unreasonable or clearly outside the scope of the contract


In such cases, Edloomio will issue a written statement explaining the reasoning behind the limitation.


Confidentiality

Edloomio shall keep strictly confidential all non-public information from you it may collect in connection with your use of the software. No obligation for confidentiality exists regarding any input for suggested updates.


No personal data

You shall not provide Edloomio with any personal data (EU/GDPR) or personally identifiable information (USA) unless specifically authorized in writing beforehand. If you do, you shall fully indemnify Edloomio for all costs and damages associated with its processing and removal, including administrative fines and costs of secure deletion.


Limitation of liability

Except in case of intentional misconduct or gross negligence, Edloomio accepts no liability for any damages caused in connection with the services under this agreement. This includes but is not limited to damages in the form of data loss, failure to operate, lost revenue or missed profits.


Term

The agreement is entered into on the day your initial fee payment is received by Edloomio and remains in force for an initial twelve-month period. Upon receipt of further payments, the agreement is renewed for successive yearly periods. Both you and Edloomio can cancel anytime with effect at the end of the then-current term.


Law and venue

Any disputes in connection with this agreement are governed by Dutch law and must be brought before the courts of Maastricht, the Netherlands.

Our software is made available under the GPL license

The GNU General Public License is a free, copyleft license for software and other kinds of works. You can find the entire text of the license here.


Additional terms apply

In the light of Article 7 of the GPL license, the following additional terms apply:
You are prohibited to make misrepresentations of the origin of that
material, or to require that modified versions of such material be marked
in reasonable ways as different from the original version;
You are limited in the use for publicity purposes of names of licensors or
authors of the material;
You are declined any grant of rights under trademark law for use of the
trade names, trademarks, or service marks of Edloomio;
You are required to indemnify licensors and authors of that material by
anyone who conveys the material (or modified versions of it) with
contractual assumptions of liability to the recipient, for any liability that
these contractual assumptions directly impose on those licensors and
Authors.


Account Terms

You must be a human. Orders by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password. Edloomio cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).


Payment, Refunds, Upgrading and Downgrading Terms

All services are billed in advance. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

 

Cancellation and Termination

You are solely responsible for properly cancelling your account. An email request to cancel your account is considered cancellation. Edloomio, in its sole discretion, has the right to suspend or terminate your order and refuse any and all current or future use of the Service at any time and without prior notice in case of (a) fraudulent, criminal, grossly negligent, willful, or otherwise intentional misconduct, or violation of any law or regulation, in connection with the performance of your obligations hereunder and/or (b) demonstrated usage negatively impacting the performance of the Service and/or (c) breach of the herein Service terms and conditions. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account or any other similar action deemed appropriate.


Modifications to the Service and Prices

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service itself.
Edloomio shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.


Content and Personal Data

You own all content (including Personal Data) inputted by You and Authorized Users for the purpose of using the Services (“Content”) and You are solely responsible for the legality, reliability, integrity, accuracy and quality of the Content. Edloomio may suspend or terminate use of Services and this Agreement immediately upon receipt of any notice, which alleges that You and/or Authorized User has used Services for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc.

You hereby acknowledge and agree that Our performance of this Agreement requires that We process, transmit and store Personal Data under your documented instructions and as further specified in the Data Processing Addendum (DPA), which forms an integral part to this Agreement.

You hereby also acknowledge and agree that We process data related to Your employees or representatives that is collected and used by Us, as well as connection data created through the use and operation of the Services, in order to administer or manage Our delivery of Services, or Your account, for Our business purposes, following the technical and organizational security measures contained in Attachment 3 to the DPA. Such Data may include Personal Data and information about the contractual commitments between Us and You, whether collected at the time of the initial registration or thereafter in connection with the delivery, management or administration of Services, including billing and collecting of payments. You hereby acknowledge and agree that We also process Personal Data that We collect, when You submit a request for support services or other troubleshooting, including information about the Service, Your Portal and other details related to the support incident, such as authentication information, information about the condition of the Services, and error-tracking files. We process such Personal Data in order to respond to the request and solve the problem eventually reported.

We shall process the aforementioned Personal Data for Our own business purposes for as long as it is necessary in relation to the purposes stated above, namely for the duration of Agreement and until collection of the payments, unless processing is necessary for compliance with a legal obligation by mandatory statutory law or for the establishment, exercise or defense of legal claims.

You hereby acknowledge and agree that We shall process Your name and email address to communicate with You for the presentation and promotion of the Services or of new services. You may at any time, free of charge, unsubscribe from such electronic communication, easily by clicking the button “unsubscribe” contained in the electronic communication.


Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. Edloomio does not pre-screen Content, but Edloomio and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

Inappropriate content is considered the posting, uploading, sharing, submitting, or otherwise providing content that: a) Infringes Edloomio’s or a third party’s intellectual property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right b) You don’t have the right to submit c) Is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic (including child pornography, which we will remove and report to law enforcement, including the National Center for Missing and Exploited Children), indecent, harassing, hateful; encourages illegal or tortious conduct or that is otherwise inappropriate. d) Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition e) Contains viruses, bots, worms, scripting exploits, or other similar materials f) Is intended to be inflammatory g) Could otherwise cause damage to Edloomio or any third party

You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Edloomio.


General Conditions


Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

Technical support is only provided to paying account holders and is only available via email.
You understand that Edloomio uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.

You agree not to perform misrepresentation of yourself, or disguising the origin of any content (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Edloomio or any third party).

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Edloomio.

You agree not to violate the privacy of others, including publishing or posting other people’s private and confidential information without their express permission, or collecting or gathering other people’s personal information (including account names or information) from Edloomio.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

We retain the right to contact you from time-to-time via email. You can remove yourself easily from the newsletter lists. You can also request to be removed from all communication emails by contacting us: https://www.edloom.io/contact.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Edloomio customer, employee, member, or officer will result in immediate order and account termination.

Edloomio won’t allow: (a) Compromising the integrity of our systems. This could include probing, scanning, or testing the vulnerability of any system or network that hosts our services. (b) Tampering with, reverse-engineering, or hacking our services, circumventing any security or authentication measures, or attempting to gain unauthorized access to the services, related systems, networks, or data. (c) Modifying, disabling, or compromising the integrity or performance of the services or related systems, network or data. (d) Deciphering any transmissions to or from the servers running the services. (e) Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.).

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not use meta-tags or any other “hidden text” including Edloomio’s or our suppliers’ product names or trademarks.
You must not access or search any part of Edloomio by any means other than our publicly supported interfaces.

Edloomio does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, secure, or error-free, and (iii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.

You expressly understand and agree that Edloomio shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of Edloomio to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Edloomio and govern your use of the Service, superseding any prior agreements between you and Edloomio (including, but not limited to, any prior versions of the Terms of Service).

Edloomio (in its sole discretion) determines that a user has violated these Terms of Service.
Questions about the Terms of Service should be sent to: info at edloom dot io