Terms and conditions

Hello!

Through the getpublii.com website, you can download the Publii app free of charge, download free themes or plugins, as well as purchase premium themes or plugins available for a fee.

Now, let's get's down to business. First, the registration data of the Publii app provider and administrator of the getpublii.com (also available at getpublii.eu) website is as follow: TIDYCUSTOMS Boguslaw Mitro, ul. Ludowa 22, 33-380, Krynica- Zdrój, Poland, TIN: 7342553332.

Below you will find the terms and conditions, which include information about the rules for using the service, how to purchase a theme or plugin, access to updates, and technical support.

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

We wish you a pleasant experience with Publii!

Best regards,
Publii Team

Definitions
Preliminary provisions
Technical Requirements
Application
Free Themes and Plugins
Purchasing a Theme or Plugin
Updates
Technical Support
Copyright
Withdrawal from the contract
Newsletter
Contact Form
Administrator's Liability and Complaints
Privacy
Final provisions

1. Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

Administrator - TIDYCUSTOMS Boguslaw Mitro, Ludowa Street 22, 33-380 Krynica Zdrój, TIN: PL 7342553332, email: contact@getpublii.com
Application – software created by the Administrator to aid in the creation of websites, distributed by the Administrator under the name "Publii",
Consumer - a natural person who enters into a contract with the Administrator that is not directly related to the person's business or professional activity,
Theme – a set of design files that define the appearance and structure of a website; the Theme controls the visual elements of the website, such as layout, typography, colors, and other style aspects; the Themetypically consists ofHandlebars, CSS and, optionally,JavaScript files; the Theme is used to give a unique style to the website, allowing for quick changes to the appearance without the need to interfere with the content or structure of the website; the Theme constitutes digital content,
Plugin – an additional software component that can be installed in the Application to add new functions or extend existing capabilities; a Plugin usually consists of JavaScript files but may also include HTML, CSS, and configuration files; the Plugin constitutes digital content,
Entrepreneur with consumer rights (PNPK) – a natural person who enters into a contract with the Administrator that is directly related to the person's business activity, when the content of the Agreement shows that it is not of a professional nature for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity (CEIDG) in Poland,
Terms - these Terms and Conditions available at: https://getpublii.com/terms-and-conditions/
Website - the website operating at: https://getpublii.com, https://getpublii.eu and subdomains of the indicated addresses,
User - a natural person with full legal capacity, a legal person, or a legal entity invoking their consumer rights, who are using the Website, including Consumer or Entrepreneur.

2. Preliminary provisions

Through the Website, the Administrator provides electronic services to the User, enabling the User to:
1. browse the publicly - available content of the Website free of charge,
2. download the Application and free Themes or Plugins free of charge,
3. purchase a premium Theme or Plugin, download the purchased Theme or Plugin, and use technical support relating tothe purchased Theme or Plugin,
4. subscribe to the newsletter free of charge,
5. send a message to the Administrator via the contact form free of charge.
Browsing the content of the Website is possible anonymously, i.e., without the need to provide personal data. Purchasing a Theme or Plugin, subscribing to the newsletter, and sending a message using the contact formrequiresproviding personal data necessary to achieve the given purpose.
It is prohibited for the User to provide unlawful contentto the Website or Administrator, especially by sending such content through the forms available on the Website.
Prices shown on the Website may be expressed in various currencies, depending on the User's location. If the User does not conduct activity as a business entity, the price provided on the Website may include Value-Added Tax. The final gross price is presented at the stage of placing an order.
In every case where the User is informed of a price reduction of a Theme or Plugin, the Administrator will display information about the reduced price, as well as information about the lowest price of the Theme or Plugin that applied during the 30 days prior to the reduction. If a given Theme or Plugin has been available for purchase for less than 30 days, the Administrator will display information about the reduced price, as well as information about the lowest price that applied to the Theme or Plugin from the date of release until the day the reduction was applied.
The Administrator makes every effort to ensure that data transmission over the Internet caused via use of the Website is safe, i.e., that the transmitted information is confidential, complete, and accurate. However, the Administrator is not responsible for unauthorized access to the transmitted data resulting from circumstances on the User's side, such as spyware installed on the User's device.
To ensure the User's security, the Administrator takes technical and organizational measures appropriate to the degree of threat to the security of the provided services, in particular, measures to prevent unauthorized persons from acquiring and modifying personal data.
The Administrator makes every effort to ensure that the Website operatesundisturbed and without interruption.
The Administrator is entitled to temporary breaks in the operation of the Website for technical reasons. If the User has a user account on the Website, the Administrator will notify the User about the planned technical outagevia email.
Temporary breaks in the operation of the Website may also be unplanned, particularly due to malfunctions and technical failures beyond the Administrator's control.
The Administrator takes actions to ensure that the Website functions properly, but cannot 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 is not responsible for limitations or technical issues in the IT systems used by the User, which prevent or hinder the use of the Website.
The Administrator may at any time decide to suspend or terminate the operation of the Website. The Administrator may also decide at any time to change, withdraw, or add new functions to the Website. The termination of the Website's operation 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, and those services may be provided outside of the Website. The suspension or termination of the Website's operation also does not affect any licenses granted for the use of the Application, Themes, or Plugins.
The Administrator is entitled to enlistthe 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.

3. Technical Requirements

To use the Website, it is not necessary for the User's computer or other device 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.
Use ofthe Application requires its installation on the User's computer with an operating system that meets the requirements described on the Website.
Themes and Plugins are compatible only with the Application. The Administrator does not ensure that Themes or Plugins function correctly with any software other than the Application.
To ensure the proper functioning of Themes and Plugins, it is necessary to regularly update the Application. The Administrator is not responsible for the incorrect functioning of Themes or Plugins if the User does not use the latest version of the Application.
Themes and Plugins are compatible with the latest, stable versions of browsers: Firefox, Google Chrome, Safari, Microsoft Edge, in their newest versions. The Administrator is not responsible for the malfunction of Themes and Plugins in outdated browser versions, or browsers other than those mentioned.

4. Application

Through the Website, the User can download a file allowing the installation of the Application on the User's computer.
The Administrator provides installation files for different operating systems, according to the list available on the Website.

5. Free Themes and Plugins

Through the Website, the User can download Themes or Plugins which the Administrator has decided to distribute free of charge.
The Administrator independently decides which Themes or Plugins are available for free download.

6. Purchasing a Theme or Plugin

Through the Website, the User can purchase Themes or Plugins, which the Administrator has decided to sell.
The Administrator independently decides which Themes or Plugins are available for purchase.
Purchasing a Theme or Plugin requires the filling in and submission ofan order form available on the Website, leading to the establishmentof a contract with the Administrator for the delivery of digital content in the form of a Theme or Plugin.
The price for a Theme or Plugin is payable in advance before the delivery of digital content via PayPal or Stripe.
If the User wants to receive an invoice, they must select the appropriate checkbox in the order form. In such cases, the invoice is delivered electronically. To access the invoice, the User must log into their account on the Website, then enter the "User Panel." The Administrator will inform the User about the issuing of an invoiceby sending a message to the email address assigned to the User's account.
If the User has an individual user account on the Website, they are required to log in to this account before placing an order. If the User does not have such an account, it is automatically created as a result of placing an order as necessary for the delivery of digital content. Instructions for logging into the account are sent to the email address provided by the User.
The Theme or Plugin is delivered to the User in the form of digital content immediately after payment,via the individual user account on the Website, to which the User logs in through the Website.
The User can download the Theme or Plugin and available updates for the Theme or Plugin for one year from the date of payment for the Theme or Plugin (access period). The User may extend the access period. Renewal is possible within 60 days of the end of the access period and is for one year. After the deadline for extending the access period, regaining access to download the Theme or Plugin or updates for the Theme or Plugin requires the User to repurchase the Theme or Plugin.
The Administrator may send reminder messages to the User's email addressnotifying them about the loss of access to the Theme or Plugin.
The User has access to technical support regarding the Theme or Plugin under the terms specified in §8 of the Terms and Conditions.

7. Updates

The Administrator may provide updates for the Application, Themes, or Plugins.
Updates may affect the functions of the Application, Themes, or Plugins.
The Administrator independently decides on the direction of development of the Application, Themes, or Plugins, including adding, modifying, or removing functions of the Application, Themes, or Plugins, while preserving the rights previously acquired by the User based on the contract established with the Administrator.
Updates for the Application are free of charge.
Updates for free Themes or Plugins that the User can download through the Website are available free of charge.
Updates for Themes or Plugins purchased by the User are payable. The price paid by the User for the purchase of a Theme or Plugin, or for extending the access period mentioned in §6, paragraph 8 of the Terms and Conditions, includes one year of access to updates for the Theme or Plugin counted from the day of payment.
Access to updates may be provided through the Website or via an alternative method, such as via email or file-sharing platforms.

8. Technical Support

Technical support is payable. The price paid by the User for purchasing a Theme or Plugin includes three months of access to technical support counted from the dateof payment. Extending the access period mentioned in §6, paragraph 8 of the Terms and Conditions, does not include an extension of access to technical support.
Technical support includes assistance in installing, configuring, and using the Theme or Plugin. The Administrator is not obligated to provide support in terms of handling themes or addons purchased from third parties.
Technical support consists solely of responding to User's questions sent electronically, using the Website's functions or email to the designated email address provided by the Administrator. In particular, the Administrator is not obligated to:
1. undertake any actions leading to changing the way the Theme or Plugin operates or looks,
2. ensure compatibility of the Theme or Plugin with software from third parties,
3. introduce changes to the graphic design and functionalities of the Theme or Plugin justified by individual needs of the User.
The Administrator responds to questions within 5 business days.
If the User needs technical support after the period mentioned in §8, paragraph 1 of the Terms and Conditions, or requires assistance from the Administrator beyond the scope of technical support, they may use individual services provided by the Administrator available at: https://getpublii.com/customization-service/, after agreeing on the conditions of service in advance, especially the financial obligations stipulated for the provision of these services.

9. Copyright

Copyright to the Application, Themes, and Plugins belongs to the Administrator, though the Application, Themes, and Plugins may contain elements licensed through third parties.All such elements are properly marked in the information accompanying the Application, Theme, or Plugin along with a reference to the license terms. The User is obligated to comply with the terms of these licenses. The Administrator is not responsible for any consequences caused by the User's violation of these license terms.
Use of the Application is under a license whose terms the User accepts during the Application's installation.
Use ofa Theme or Plugin is under a license whose terms are described below.
From the instant a download of a Theme or Plugin is initiated, the Administrator grants the User a non-exclusive license to use the Theme or Plugin in creating websites using the Application and publishing the websites created in this way on the Internet.
The license is granted for an indefinite period. The Administrator commits not to exercise the right to terminate the license except in cases where the User violates the terms of the granted license and infringes the Administrator's copyright property rights, and does not cease the violation despite the Administrator's request. In case of violating the license terms, the Administrator can terminate the license with a one-month notice period, effective at the end of the calendar month.
As part ofthe use of the Theme or Plugin, the User may make changes to it as justified by the needs of their website.
The User is entitled to grant further licenses (sub-licenses) to use the Theme or Plugin to their clients. The User may also use the purchased Themes or Plugins for commercial purposes on behalf of their clients. However, resale or making available for download any Themes or Plugins is prohibited.
The license is unlimited in terms of territory, meaning that the User may use the Theme or Plugin worldwide.
The Website's content contains works protected by copyright law. The User is entitled to use these works only within the scope of permitted personal use. Violating copyright to these works, especially by further distributing them without the Administrator's consent, may result in civil or criminal liability.

10. Withdrawal from the contract

A Consumer or Entrepreneur may withdraw from the contract concluded with the Administrator via the Website within 14 days of its establishment. A statement of withdrawal from the contract may be submitted in any form, in particular via email. The Consumer or Entrepreneur may use atemplate withdrawal form for this purpose.
To maintain the deadline for withdrawal from the contract, it is sufficient for the Consumer or Entrepreneur to send information regarding the exercisingof the Consumer's or Entrepreneur's right to withdraw from the contract before the withdrawal period expires.
The right to withdraw from the contract does not apply to contracts for the supply of digital content which is not supplied on a tangible medium for whichthe Consumer or Entrepreneur is obliged to pay a price, in cases wherethe Administrator has started the provision with the User's explicit and prior consent, and the User was informedbefore the start of the provision that after the completion of the provision by the Administrator, they will lose the right to withdraw from the contract, and the User accepted the terms, and the Administrator provided the User with confirmation as referred to in Article 21, paragraph 2 of the Consumer Rights Act.
In the event of withdrawal from the contract, the Administrator returns to the Consumer or Entrepreneur all payments received from the Consumer or Entrepreneur, immediately, and in any case no later than 14 days from the day on which the Administrator was informed about the decision to exercise the right to withdraw from the contract. The refund is made using the same payment methods that were used in the original transaction unless the Consumer or Entrepreneur has explicitly agreed to a different solution. In any case, the Consumer or Entrepreneur does not incur any fees in connection with this refund.
In the event of withdrawal from the contract, the User is obliged to stop using the digital content and making it available to third parties. The User also loses the possibility to download the digital content, access updates for the digital content, and the possibility to use technical support. Moreover, the license mentioned in §9 of the Terms and Conditions expires.

Through the Website, the User can subscribe to the newsletter.
The newsletter involves sending messages to the email address provided by the User, containing information about new products, promotions, products, or services related to the Application.
Receiving the newsletter incurs no charges.
The User may unsubscribe from receiving the newsletter at any time by clicking the designated link contained in the content of each message sent as part of the newsletter or by contacting the Administrator.
The Administrator independently decides on the frequency of the sending of the newsletter.
The Administrator may stop sending the newsletter at any time.

12. Contact Form

The User may use the contact form available on the Website to send a message to the Administrator.
Use ofthe contact form is free of charge.
The Administrator will respondto messages within 5 business days.

13. Administrator's Liability and Complaints

The Administrator is obligated to provide electronic services with due diligence and to deliver digital content in accordance with the contract.
The conformity of digital content with the contract is assessed according to the provisions of the Consumer Rights Act.
The Administrator is liable for the lack of conformity of provided digital contentwith the contract that existed at the time of its deliveryor manifested withintwo years from that moment.
If the digital content is not in conformity with the contract, the Consumer or Entrepreneur maydemand the bringing of the digital content into conformity with the contract.
If bringing the digital content into conformity with the contract is impossible or would require excessive costs for the Administrator, they may refuse to bring the digital content into conformity with the contract.
The Administrator brings the digital content into conformity with the contract within a reasonable time and without excessive inconvenience for the Consumer or Entrepreneur, taking into account its nature and the purpose for which it is used.
If the digital content is not in conformity with the contract, the Consumer or Entrepreneur may submit a statement on reducing the price or withdrawing from the contract if:
1. the Administrator refused to bring the digital content into conformity with the contract,
2. the Administrator did not bring the digital content into conformity with the contract,
3. the lack of conformity of the digital content with the contract persists despite the Administrator's attempt to bring the digital content into conformity with the contract,
4. the lack of conformity of the digital content with the contract is significant enough to justify reducing the price or withdrawing from the contract without first exercising the right to bring the digital content into conformity with the contract,
5. from the Administrator's statement or circumstances, it is clear that they will not bring the digital content into conformity with the contract within a reasonable time or without excessive inconvenience for the Consumer or Entrepreneur.
The Consumer or Entrepreneur cannot withdraw from the contract if the digital content is provided in exchange for payment of a price, and the lack of conformity of the digital content with the contract is insignificant. It is presumed incases where a complaint is made, that the lack of conformity of the digital content with the contract is significant.
The User may submit a complaint regarding issues related to the functioning of the Website or the performance of the contract. To facilitate the Consumer or Entrepreneur in exercising the rights related to the Administrator's liability for conformity of digital content with the contract, the Administrator has prepared a model complaint form that the Consumer or Entrepreneur may use.
Complaints maybe sent via email.
Complaints are processed on an ongoing basis, but will be processed no later than within 14 days from the day of receipt of the complaint.
The response to the complaint is sent in the same form in which the complaint was delivered to the Administrator.
The Consumer has the possibility of using out-of-court complaint handling and redress mechanisms. Among other things, the Consumer has the option to:
1. apply to a permanent consumer arbitration court with a request to resolve the dispute arising from the concluded contract,
2. apply to the regional Trade Inspection inspector with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the User 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 handling and redress mechanisms, the Consumer may visit the website of the Polish Office of Competition and Consumer Protection (UOKiK).
15. The Consumer may also use the EU's ODR platform, which serves to resolve disputes between consumers and entrepreneurs seeking an out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.

14. Privacy

The Administrator of the User's personal data is the Administrator.
The Website uses cookies and other similar technologies.
Details regarding the processing of personal data and information collected using cookies or other similar technologies are described in the privacy policy available on the Website.

15. Final Provisions

The Administrator reserves the right to introduce and withdraw offers and promotions, and to change prices on the Website without prejudice to the rights acquired by the User, including, in particular, the terms of contracts establishedbefore 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 place of business. This provision does not apply to Consumers and Entrepreneurs, in whose case the choice of court results from the provisions of the law.
The Administrator reserves the right to introduce changes to these Terms and Conditions for important reasons such as changes in law, and technological or business changes.Contracts establishedbefore the amendment to the Terms and Conditions are governed by the Terms and Conditions in force on the date of the establishmentof the contract.
These Terms and Conditions in their current wording are effective from February 14, 2024.
Archived versions of the terms and conditions:
- Terms and conditions (valid until February 14, 2024)
- Terms and conditions (valid until February 04, 2021)