Terms and conditions (valid until February 14, 2024)

Hello!

Through the getpubli.com you can download a free Publii app and purchase themes and add-ons upgrading the application.

That’s it for the introductions. Let’s talk business. Our formal registration information as application provider and administrator of the getpublii.com (also available at getpublii.eu) website is: TIDYCUSTOMS Boguslaw Mitro, ul. Ludowa 22, 33-380, Krynica- Zdrój, Poland, TIN: 7342553332.

Below you can find our Terms of Service which include information on how to place an order and conclude a contract, available payment methods, order processing rules and procedure of withdrawal from the contract.

Remember that you can contact us at any time by writing an e-mail to contact@getpublii.com

We hope your experience with Publii will be pleasant.

Best regards,
Publii Team

Definitions
Preliminary provisions
Free of charge services
Intellectual Property Rights
Orders
Payment
Terms of use for themes and add-ons
License for Premium themes
Maintenance breaks and technical issues
Withdrawal from the contract
Complaints
Personal data and cookies
Out-of-court complaint and redress procedures
Final provisions

1. Definitions

For the purposes of these Terms and Conditions, the following terms are used:

Administrator - TIDYCUSTOMS Boguslaw Mitro, Ludowa Street 22, 33-380 Krynica Zdrój, TIN: PL 7342553332,
Consumer - a natural person concluding a contract with the Administrator when the contract is not directly related to his or her business or professional activity; a Consumer is also a User,
File Access - a period of 12 consecutive months from the moment of placing an order and concluding a contract on purchasing a premium theme or add-on, during which the User has access to the purchased themes or add-ons; File Access is a non-renewable service and applies only to paid premium themes and add-ons,
Terms - these Terms and Conditions available at: https://getpublii.com/terms-and-conditions/
Website - a website operating at: https://getpublii.com, https://getpublii.eu and subdomains https://marketplace.getpublii.com, https://demo.getpublii.eu
Forum - a discussion forum available at: https://forum.getpublii.com/,
User - a natural person with full legal capacity, a legal person, or a legal person without corporate status using the Website.

2. Preliminary provisions

Via the Website, the Administrator provides the Users with electronic services, including enabling the Users to conclude contracts for the provision of digital content and services. The Administrator also provides the option to purchase premium themes or add-ons via the Website.
To use the Website, it is not necessary for a computer or other device of the User to meet any special requirements. The following are sufficient:
1. Internet access,
2. a standard and up-to-date operating system (Windows, Linux, Mac OS X),
3. a standard and up-to-date web browser (Safari, Chrome, Firefox),
4. an active email address.
One can browse the Website anonymously, i.e. without providing personal data. However, creating a user account on the Website as well as concluding contracts require providing such data as first and last name, user name, email address, and address of residence. Creating a user account on the Forum requires providing a username and email address. If the User makes a purchase as part of their business activity, they also have to provide information about this activity (company, seat address, tax identification number).
It is forbidden for the User to provide unlawful content, in particular by sending such content through the forms available on the Website.
The prices shown on the Website may be provided in various currencies, depending on the User's location. If the User does not conduct business activity, tax on goods and services may be added to the price provided on the Website. The final gross price is presented at the stage of placing an order.
The Administrator shall make every effort to ensure that data transmission via the Internet within the use of the Website is safe, i.e. that the transmitted information is confidential, complete, and accurate. However, the Administrator shall not be held liable for unauthorized access to the transmitted data resulting from circumstances attributable to the User, such as spyware installed on the User's device.
In order to ensure the User's security, the Administrator takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
The Administrator may at any time decide to suspend or terminate the Website. The Administrator may also decide at any time to change, withdraw, or add new functions to the Website. Termination of the Website does not deprive the User of any rights resulting from contracts concluded via the Website, in particular in terms of access to updates and technical support during the term of the contract, and those services may be provided outside the Website. The cessation of operations shall also not affect any licenses granted for the use of themes or add-ons.
The Administrator is entitled to use the assistance of third parties in connection with the functioning of the Website, in particular to ensure the proper functioning, development, and operation of the Website.
The User is obliged to use the Website in a manner consistent with the law, the Terms, and good practice, in particular:
1. to use the Website in a way that does not interfere with its functioning, in particular by using specific software or devices,
2. not to take any actions aimed at obtaining information not intended for the User,
3. to use the Website in a manner not burdensome to other Users and the Administrator.
The Administrator may block access to the Website to a User who violates the provisions of paragraph 10 above.
Any complaints related to the provision of electronic services and the functioning of the Website shall be submitted via email to the email address contact@getpublii.com In the complaint, the User should provide data allowing their identification as a User of the Website, as well as the type and date of occurrence of irregularities related to the functioning of the Website. The administrator will respond to the complaint within 14 days of its receipt.

3. Free of charge services

The basic service provided electronically by the Administrator to the User is to provide the User with the possibility of viewing the publicly available content of the Website.
The Administrator also provides the User with an option to download free of charge the Publii application and the themes and add-ons that are available free of charge. The Administrator remains free to decide which themes and add-ons will be available for a fee and which will be free. Themes and add-ons available for a fee have been marked on the Website as premium.
The Publii application and free themes and add-ons are distributed under the GNU GPL license, which you can read here: https://getpublii.com/license.html It is not required to create the User’s account in order to download Publii and free themes or add-ons.
The Administrator creates user accounts for each User when they place an order. The account stores the User's data and the history of orders placed by them on the Website. The User logs into the account using their email address or login and a password defined by them. The User account agreement is concluded for an indefinite period, and the User may terminate it at any time by deleting the User account. For the avoidance of doubt, the Administrator reminds that deleting the account means losing access to files purchased on the Website.
The user can create an account on the Forum. In order to do so, it is necessary to fill in an account registration form. Within the account on the Forum, the data given by the User during the registration process and posts added by the User on the Forum are stored. The agreement for maintaining the User account is concluded for an indefinite period and can be terminated by the User at any time by deleting the account.
If the User decides to subscribe to the newsletter, the Administrator also provides the User with an electronic service consisting in sending the User email messages containing information about new products, promotions, services, products related to the Website. Subscribing to the newsletter is possible by completing and sending the subscription form for the newsletter or selecting the appropriate checkbox in the ordering process or in the account registration form. The User may unsubscribe from receiving the newsletter at any time by clicking the unsubscribe button visible in each message sent as part of the newsletter or by sending a relevant request to the Administrator.

4. Intellectual Property Rights

The Administrator hereby informs the User that the Website also includes content that is not available under the GNU GPL license or under the license described in § 8 of the Terms. Such content constitutes works as defined by the copyright law, to which the Administrator is entitled.
The Administrator hereby informs the User that further distribution of the content by the User without the Administrator's consent, with the exception of using the content within the framework of permitted personal use, constitutes an infringement of the Administrator's copyright and may result in civil or criminal liability.

5. Orders

Via the Website, the User may purchase a premium theme or add-on.
Users who have an account on the Website must log in to place an order. If the User does not yet have an account on the Website, the account will be created with their first order, in accordance with § 3 paragraph 4.
In order to make a purchase, the User must select a theme or add-on, fill in the order form, choose one of the two available payment options: PayPal or Stripe, read and accept the Terms, and then click the "Order now with obligation to pay" button. When you click the "Order now with obligation to pay" button, depending on the selected payment option:
1. PayPal: you will be redirected to PayPal to make the payment. After making the payment, the User will be redirected back to the Website with the payment confirmation. At this moment, the contract between the Administrator and the User is concluded.
2. Stripe: you will remain on the checkout page and enter your debit or credit card details. Upon successful payment, the User will be redirected to the Website with a confirmation of payment. At this moment, the contract between the Administrator and the User is concluded.
By placing an order and paying for it, the User gains access to the purchased premium themes or add-ons. Along with paying for the order, the User also acquires the license described in § 8 of the Terms. The purchased themes or add-ons can be viewed and downloaded by the User for a period of 12 months from the conclusion of the contract. For the avoidance of doubt, the Administrator emphasizes that 12 months after the purchase of themes or add-ons, the User shall lose the possibility to download them from his or her account. Loss of the ability to download themes or add-ons does not affect the license described in § 8 of the Terms for it is granted for an indefinite period.
On the basis of the concluded contract, the Administrator undertakes to provide the User with access to updates of the purchased theme or add-on for a period of 12 months from the conclusion of the contract (File Access). For the avoidance of doubt, the Administrator shall emphasize that the above obligation expires after 12 months, which means that after that period the Administrator is not obliged to provide updates to the purchased theme or add-on.
As part of the concluded contract for the purchase of a premium theme or add-on, the Administrator also provides technical support for the purchased items for a period of 3 months from the conclusion of the contract.
Access to updates and technical support may be provided via the Website or otherwise, in particular via email or file sharing platforms.
Access to updates does not mean that the Administrator is obligated to release any updates during the File Access period. This provision does not exclude the obligation from paragraph 5 above.
For the avoidance of doubt, the Administrator shall emphasize that they provide support only for themes or add-ons purchased from the Website. The support service includes assistance with the installation, configuration, and use of the purchased products. The Administrator is not obliged to provide support for themes or add-ons purchased from third parties.
The Administrator is not obliged to take any actions consisting in changing the way the theme or add-on functions or its appearance to the extent going beyond that described in paragraphs 5 and 6 above. In particular, the Administrator is not obliged to ensure compatibility of the themes or add-ons with the add-ons provided by third parties. The Administrator is also not obliged to implement changes to the layout and functionalities of themes or add-ons justified by individual needs of the User.
The Administrator undertakes to answer the inquiries sent by the User as part of technical support no later than within 5 days.
Upon expiration of the 12-month period specified in paragraph 5 above, the User will receive a message reminding about the loss of the ability to download the purchased files as well as information about the available options to prolong the File Access period. Any such renewal will only include download access to previously purchased files. The technical support specified in paragraph 6 above is not included in the renewal price. If the User is interested in obtaining additional technical support beyond the original contractual period of 3 months (indicated in paragraph 6 above), the User may request a quote for the required services via the form available at: https://getpublii.com/customization-service/. Once the access to the files/updates lapses, users are granted a 60-day grace period for renewal. Failure to renew within this window necessitates a repurchase of the product in order to regain access to the files. The details concerning re-access to purchased files and other services shall be agreed between the Administrator and the User individually in an exchange of email messages.
For the avoidance of any doubt, the Administrator shall point out that a contract concluded for a definite period of time is not subject to termination during its duration, except for important reasons. For the purposes of possible settlements between the User and the Administrator related to the termination of the contract by the User, it is assumed that the value of a theme or an add-on is 50% of the amount of the payment for the entire File Access period made by the User.

6. Payment

Payment for contracts concluded through the Website is only possible through the PayPal and Stripe electronic payment systems.
Payment takes place directly on the PayPal or Stripe website. Therefore, the Administrator does not process any data related to the payment made.
An invoice documenting the payment made is available in electronic form in the User Panel. In order to obtain access to the invoice, the User must log in to his or her account on the Website and then enter the "User panel." The Administrator shall inform the User about issuing an invoice by sending a message to the email address assigned to the User account.

7. Terms of use for themes and add-ons

Themes and add-ons available on the Website are compatible only with the Publii application available for download on the Website. The Administrator does not ensure that themes or add-ons work properly with any other application.
To ensure the proper functioning of themes and add-ons, it is necessary to regularly update the Publii application. The Administrator shall not be held liable for the incorrect functioning of purchased files if the User does not use the latest version of the Publii application.
Themes and add-ons offered by the Administrator are compatible with the latest, stable browsers: Firefox, Google Chrome, Safari, Microsoft Edge, in their newest versions. The Administrator shall not be held responsible for the malfunction of themes and add-ons in browsers other than mentioned or in their outdated versions.
The terms of use for free themes and add-ons are described in the GPL 3.0 e-license, which you can read here: https://getpublii.com/license.html

8. License for Premium themes

The User can use premium themes or add-ons under the terms described below.
As soon as the Administrator receives the entire remuneration due for the purchase of a premium theme or extension, they grant the User a non-exclusive license to use the theme or add-on in the following fields of exploitation:
1. publicly sharing the theme or add-on in such a way that everyone can access it at a place and time of their choosing, especially in IT networks and as part of any telecommunications services,
2. entering the theme or add-on to the memory of a computer or other electronic device, including IT system servers,
3. using portions of the theme or add-on for promotional and merchandising purposes.
The license is granted for an indefinite period of time. The Administrator shall not exercise the right to terminate the license except in cases when the User violates the terms of the granted license and infringes the Administrator's copyrights, and does not cease the violation despite the Administrator's request. If the terms of the license are violated, the Administrator can terminate the license on one month's notice, effective at the end of the calendar month.
The license applies to the use of the theme or add-on on any website selected by the User.
As part of the use of the theme or add-on, the User may make changes to it justified by the needs of their website.
The User is entitled to grant further licenses (sublicenses) to use the theme or add-on to their customers. The User may also use the purchased themes or add-ons for commercial purposes on behalf of their customers. However, it is forbidden to resell or make available for download any materials purchased on the Website.
The license is unlimited in terms of territory, which means that the User may use the theme or add-on in the fields of exploitation specified in paragraph 2 above throughout the world.
The Handlebars and HTML code used within themes or add-ons (including premium content) are made available under the GNU GPL license, which you may review at the following link: https://getpublii.com/license/
Dedicated CSS code that creates themes or premium add-ons constitutes a work under copyright law. The rules for using the CSS code are described in this paragraph.
The Administrator shall not be held liable for the conditions of use of the elements created by third parties. The license terms governing the use of these elements are determined by third parties.
For the avoidance of doubt, the Administrator shall confirm that the duration of the File Access period is not the same as the duration of the license to use themes or add-ons. The scope of the obligation resulting from the File Access is described in § 5 of these Terms.

9. Maintenance breaks and technical issues

The Administrator shall make every effort for the Website to operate in an uninterrupted and undisturbed manner.
The Administrator is entitled to temporary breaks in the operation of the Website for technical reasons. The Administrator will notify the User about the planned technical breaks by email.
The Administrator hereby informs the User that temporary interruptions in the operation of the Website may also be unplanned, in particular due to malfunctions and technical failures beyond the Administrator's control.
The Administrator takes actions in order to ensure that the Website functions properly, but is not able to guarantee that the User will not encounter various technical problems while using the Website. The User should inform the Administrator about any irregularities or interruptions in the functioning of the Website.
The Administrator shall not be held responsible for limitations or technical issues in IT systems used by the User which prevent or hinder the use of the Website.

10. Withdrawal from the contract

Pursuant to Article 16(m) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, the User who has consented to the supply of digital content which is not supplied on a tangible medium before the expiry of the withdrawal period, thereby has no right of withdrawal.

11. Complaints

The Administrator is obliged to provide the Consumer with a defect-free product. The Administrator is liable to the Consumer if the sold product has a physical or legal defect (warranty for defects). If the User does not conclude a contract with the Administrator as a Consumer, they shall accept that the Administrator's warranty for defects of the sold item is excluded.
Consumer rights are also granted to a natural person concluding a contract with the Administrator directly related to their business activity, when the content of this contract shows that it does not have a professional character for that person, resulting in particular from the subject of their business activity, that such a person acts as a Consumer.
Any complaints related to the use of the Website, including the purchased themes or add-ons, can be submitted electronically to the following address contact@getpublii.com.
The complaint should contain the identification and contact details of the User, description and justification of the complaint, as well as the demands related to the complaint.
The Administrator shall respond to the complaint submitted by the User within 14 days via email.

12. Personal data and cookies

The Administrator is the controller of the User’s personal data.
The User's personal data are processed for the following purposes and based on the following legal grounds:
1. conclusion and execution of the user account agreement—Article 6(1)(b) of the GDPR,
2. conclusion and performance of the contract —Article 6(1)(b) of the GDPR,
3. fulfillment of tax and accounting obligations—Article 6(1)(c) of the GDPR,
4. defense, pursuit, or establishment of claims related to the contract, which is a legitimate interest pursued by the Administrator—Article 6(1)(f) of the GDPR,
5. creating an archive for the purposes of a possible need to defend, establish, or pursue claims—Article 6(1)(f) of the GDPR,
6. handling inquiries from Users not yet leading to the conclusion of a contract, which is a legitimate interest pursued by the Administrator— Article 6(1)(f) of the GDPR,
7. identification of a returning customer, which is a legitimate interest pursued by the Administrator—Article 6(1)(f) of the GDPR,
8. ending the newsletter, after prior consent— Article 6(1)(a) of the GDPR.
The following entities may be involved in the processing of personal data as processors: a hosting provider, providers of software in which personal data are processed (e.g. mailing systems), subcontractors gaining access to personal data in connection with the performance of their duties or the services commissioned to them. All processing entities are bound to the Administrator by personal data processing entrustment agreements and guarantee an appropriate level of personal data protection.
Personal data may be transferred to law firms in order to provide the Administrator with legal assistance if such assistance requires access to personal data. In addition, personal data may be transferred to tax offices to the extent necessary to perform tax, settlement, and accounting obligations and to entities, bodies, or institutions authorized to obtain access to data on the basis of legal provisions, such as the police, security services, courts, public prosecutor's offices.
As part of using the Acumbamail mailing system, the User's personal data may be transferred to the Spain, in connection with their storage on Spanish servers. The supplier of the mailing system guarantees an appropriate level of personal data protection.
The User's personal data are stored in the Administrator's database for the entire duration of the business activity in order to ensure the possibility of identifying the returning customer, which, however, can be objected by the User, demanding that their data be erased from the Administrator's database. If such an objection is filed before the expiry of the limitation period for claims under the concluded contract, the Administrator will have an overriding interest in storing the User's data until the expiry of the limitation period for claims. Accounting documentation containing the User's personal data is stored for the period required by law. If the limitation period for civil law claims, criminal record, or penalties under administrative law expires after the end of the business activity, the data will be erased after this period.
The User's rights related to the processing of personal data: the right to access the data, the right to demand the rectification of the data, the right to erase the data, the right to restriction of data processing, the right to object to the processing of data, the right to transfer data, the right to withdraw consent to the processing of personal data, the right to lodge a complaint with the President of the Personal Data Protection Office.
Providing personal data by the User is voluntary but necessary to contact the Administrator, conclude a contract, or subscribe to the newsletter.
The Website uses first-party cookies only. First-party cookies are used for the proper functioning of the Website and for statistical purposes related to determining the User's location.
Detailed information related to the processing of the User's personal data and the use of cookies are described in the privacy policy available at: https://getpublii.com/privacy-policy/.

13. Out-of-court complaint and redress procedures

The Administrator agrees to submit any disputes arising in connection with contracts concluded through the Website to mediation proceedings. Details shall be determined by the conflicting parties.
The Consumer has the option of using out-of-court complaint and redress procedures. Among other things, the Consumer has the option to:
1. apply to a permanent consumer arbitration court with a request to resolve a dispute arising from the concluded contract,
2. apply to the regional Trade Inspectorate inspector with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Administrator,
3. use the assistance of a county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
For more detailed information on out-of-court complaint and redress procedures, the Consumer can visit: http://www.polubowne.uokik.gov.pl.
The Consumer may also use the ODR platform, which is available at: http://ec.europa.eu/consumers/odr. The platform is used to settle disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online contract.

14. Final provisions

The Administrator reserves the right to introduce and cancel offers, promotions and to change prices on the Website without prejudice to the rights acquired by the User, including in particular the terms of contracts concluded before the change.
The law applicable to contracts concluded through the Website is Polish law. This does not deprive the Consumer of the possibility to invoke rights arising from the law of the country in which they reside.
Any disputes related to contracts concluded through the Website shall be resolved by the Polish common court with jurisdiction over the Administrator's registered place of business. This provision does not apply to Consumers, in whose case the choice of court results from the provisions of the law. This provision also does not apply to a natural person concluding a contract with the Administrator directly related to their business activity, when the content of this contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity—in the case of such a person the choice of court shall be considered in accordance with general principles.
The Administrator reserves the right to introduce changes to these Terms. Paid contracts concluded prior to the amendment of the Terms shall be governed by the Terms in force on the date of conclusion of the contract.
Users who have an account on the Website will be notified by email to the email address assigned to their account of any changes to these Terms. If they do not accept the content of the new Terms, they have the right to terminate the account agreement at any time by deleting their account or by submitting to the Administrator an appropriate statement, in any form, on termination of the account agreement.
The contracts concluded before the entry into force of amendments to these Terms and Conditions, in particular to the terms of granted licenses, shall be governed by the regulations in force at the time the agreement is concluded. This does not apply to the conditions for the provision of electronic services.
These Terms shall come into force on February 04, 2021
All archived versions of the Terms are available below:
- Terms and conditions (valid until February 04, 2021)