Terms of Service

1. Acceptance of Terms

By accessing and using Gambolthemes ("the Platform", "the Service", "we", "us", or "our"), you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by these terms, please do not use this service.

We reserve the right to update or modify these terms at any time. When we make material changes, we will notify you via email or a prominent notice on our Platform. Your continued use of the Service following any changes constitutes acceptance of those changes.

These Terms of Service apply to all visitors, users, buyers, sellers, affiliates, and others who access or use the Service.

2. Definitions

• "Buyer" — any registered or guest user who purchases or downloads digital products from the Platform.
• "Seller" — a user who has applied for and been approved for a seller account and lists digital products for sale on the Platform.
• "Digital Product" — any downloadable item listed on the Platform, including but not limited to website templates, WordPress themes, UI kits, HTML templates, PHP scripts, admin dashboards, and stock images.
• "License" — the usage rights granted to a Buyer upon purchase of a Digital Product, as defined in the Standard or Extended License terms.
• "Affiliate" — a user enrolled in the Gambolthemes Affiliate Program who earns commissions by referring new buyers.
• "Academy" — the Gambolthemes Creator Academy, an educational platform offering courses, lessons, quizzes, and certificates.
• "Commission" — the percentage of a sale amount retained by Gambolthemes as a marketplace fee.

3. User Accounts

When you create an account with us, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

Account Responsibilities

• Safeguarding the password used to access the Service
• Any activities or actions under your account, whether or not authorized by you
• Notifying us immediately upon becoming aware of any unauthorized use of your account
• Maintaining the accuracy of your account information

Account Security

• We offer Two-Factor Authentication (2FA) for enhanced account security. We strongly recommend enabling it.
• You may sign in using third-party providers (Google, GitHub) via OAuth. By doing so, you authorize us to access limited profile information from those providers.
• You must not share your account credentials with any third party, nor allow multiple individuals to use a single account.

Age Requirement

You must be at least 18 years of age to create an account and use our services. By registering, you represent and warrant that you meet this age requirement.

4. Marketplace Terms

Gambolthemes operates as a multi-vendor digital marketplace connecting sellers of digital products with buyers worldwide.

Platform Role

• Gambolthemes acts as an intermediary platform and is not the creator or author of seller-uploaded products.
• We provide the infrastructure, payment processing, and audience — sellers are responsible for their product content, quality, and support.
• We reserve the right to review, approve, reject, or remove any product listing at our sole discretion.

Product Listings

• All products must be original work or properly licensed for distribution on our Platform.
• Product descriptions, screenshots, and previews must accurately represent the product.
• Misleading, deceptive, or fraudulent listings will be removed and may result in account suspension.
• Gambolthemes may feature, promote, or categorize products at its discretion.

Product Reviews

• Buyers may leave reviews and ratings on purchased products.
• Reviews must be honest, accurate, and based on genuine experience with the product.
• Fake reviews, review manipulation, or exchanging reviews for compensation is prohibited.
• We reserve the right to remove reviews that violate these guidelines.

5. Seller Terms

By applying for and maintaining a seller account, you agree to the following additional terms:

Seller Eligibility

• You must submit a seller application and receive approval before listing products.
• We may require identity verification, portfolio review, or additional documentation.
• Approval is at our sole discretion and may be revoked at any time for violations of these terms.

Seller Obligations

• Provide accurate product descriptions, including framework versions, dependencies, and system requirements.
• Deliver products that match their descriptions, screenshots, and live previews.
• Provide reasonable buyer support including bug fixes and compatibility questions.
• Ensure all products comply with applicable laws and do not infringe on third-party rights.
• Keep products updated for security patches and major framework releases.

Commission & Payouts

• Gambolthemes retains a commission on each sale. The current commission rate is communicated in your seller dashboard.
• Sellers receive the remaining balance after commission deduction.
• Payouts are processed via PayPal, bank transfer, or Payoneer based on seller preference.
• Minimum payout thresholds apply. Payout schedules and thresholds are detailed in the seller dashboard.
• Sellers are solely responsible for reporting and paying any applicable taxes on their earnings.

Exclusive vs. Non-Exclusive

• Products may be listed as exclusive (sold only on Gambolthemes) or non-exclusive (sold on other platforms as well).
• Exclusive products receive higher revenue share and promotional benefits.
• Non-exclusive products must be priced consistently across all platforms.

6. Purchases and Payments

All purchases made through Gambolthemes are subject to the following terms:

• Prices are displayed in USD and are inclusive of the stated amount. Applicable taxes may be added at checkout based on your location.
• Payment is required at the time of purchase before product access is granted.
• We accept payments via PayPal and Razorpay (credit/debit cards, UPI, net banking, wallets).
• All sales are final unless otherwise stated in our Refund Policy (Section 8).
• Free products are subject to the same license terms as paid products.

Pricing

• Sellers set their own prices within platform guidelines.
• Gambolthemes may run promotional campaigns, discount codes, or bundle offers.
• Prices may change at any time; the price at the time of purchase applies.
• Bundle pricing and bulk discounts are available on select products.

Download Access

• Upon successful payment, digital products are immediately available for download from your dashboard.
• Download links remain accessible in your purchase history for the lifetime of the product on the Platform.
• We recommend downloading and backing up purchased products promptly. We are not responsible for product availability if a seller removes their listing.

7. License and Usage Rights

Upon purchase, you are granted a non-exclusive, non-transferable license to use the digital products according to the following terms:

Standard License (Single Use)

• Use in unlimited personal (non-commercial) projects
• Use in a single commercial end product (one website, one application, or one client project)
• May modify or customize the product for your project
• Cannot be resold, redistributed, or sublicensed — whether in original or modified form
• Cannot be included in themes, templates, or products intended for resale or free distribution
• Cannot be offered on competing marketplaces or code-sharing platforms
• Must not remove or alter copyright notices, licenses, or attribution

Extended License (Multiple Use)

• All Standard License rights included
• Use in unlimited commercial end products
• Can be included in SaaS applications (software-as-a-service)
• Can be used in products for sale to end users, provided the product is a substantially different end product and not a mere redistribution of the template or theme
• Cannot be resold or redistributed as a standalone product or stock item

Free Products

• Free products are licensed under the Standard License unless otherwise specified.
• Attribution may be required for free products — check individual product pages.
• Free products may not be redistributed on other platforms or included in product collections.

8. Refund Policy

We offer a 30-day money-back guarantee on all paid purchases. To be eligible for a refund:

• The refund request must be made within 30 days of the original purchase date
• The product must not have been used in a published, production, or live project
• A valid reason must be provided (e.g., product not as described, technical defect, compatibility issue)

Refund Process

• Submit a refund request via your dashboard or contact our support team.
• We will review the request and may contact the seller for clarification.
• Approved refunds are processed within 5–7 business days to the original payment method.
• PayPal refunds are returned to your PayPal account; card refunds are returned to the card used.

Non-Refundable Items

• Products purchased more than 30 days ago
• Products where the buyer has violated the license terms
• Products that have been substantially used or deployed
• Customization or development services (if offered separately by sellers)
• Products where the buyer simply changed their mind without a product-related reason

Chargebacks

Filing a chargeback or payment dispute without first contacting our support team is a violation of these Terms. Accounts associated with unauthorized chargebacks may be permanently suspended.

9. Affiliate Program

The Gambolthemes Affiliate Program allows enrolled users to earn commissions by referring new buyers to the Platform.

Enrollment & Eligibility

• You must have a registered account and apply to the Affiliate Program.
• Approval is at our discretion. We may reject applications that do not meet our criteria.
• Affiliates must comply with all applicable advertising and marketing laws.

Commission Structure

• Affiliates earn a percentage commission on qualifying purchases made through their unique referral link.
• Commission rates and cookie duration are specified on the Affiliate Program page and may be updated.
• Commissions are tracked via cookies and credited only for first-time buyers who complete a purchase.
• Self-referrals (purchasing through your own affiliate link) are prohibited and will not be credited.

Prohibited Affiliate Activities

• Using misleading or false advertising to generate referrals
• Bidding on Gambolthemes brand-name keywords in paid search advertising
• Sending unsolicited messages (spam) containing affiliate links
• Using cookie-stuffing, forced clicks, or other deceptive referral methods
• Creating fake accounts or fraudulent transactions to earn commissions

Violation of affiliate terms results in immediate removal from the program and forfeiture of unpaid commissions.

10. Creator Academy

The Gambolthemes Creator Academy provides educational courses, lessons, quizzes, and certificates to help users develop skills in web development and digital product creation.

• Academy content is provided for educational purposes only and does not constitute professional advice.
• Course content, structure, and availability may be updated, modified, or removed at any time.
• Certificates are issued upon course completion and passing relevant quizzes. Certificates are non-transferable and are awarded to the enrolled user only.
• Academy content is for personal use. Reproducing, recording, redistributing, or reselling course materials is prohibited.
• User progress, quiz scores, and certificates are stored in your account and may be revoked if Terms are violated.

11. Intellectual Property

Platform Ownership

The Gambolthemes Platform — including its design, branding, logos, text, graphics, icons, software, and all other content not uploaded by sellers — is the property of Gambolthemes and is protected by copyright, trademark, and other intellectual property laws.

Seller Product Ownership

• Sellers retain ownership of their original works uploaded to the Platform.
• By uploading a product, sellers grant Gambolthemes a non-exclusive, worldwide license to display, market, distribute, and promote the product on and through the Platform.
• This license continues until the product is removed by the seller, subject to existing buyer licenses.

DMCA & Copyright Complaints

We respect intellectual property rights and respond to valid DMCA (Digital Millennium Copyright Act) notices. If you believe your copyrighted work has been infringed on our Platform:

• Send a written notice to legal@gambolthemes.net with a description of the copyrighted work, the infringing URL, and a statement of good faith.
• We will investigate and, if appropriate, remove or disable access to the infringing material.
• Repeat infringers will have their accounts permanently terminated.

12. Prohibited Uses

You agree not to use the Service or any products purchased through the Service for:

• Any unlawful purpose or in violation of any applicable local, national, or international law
• Distributing, sharing, or making available purchased files to third parties in any form
• Uploading, listing, or distributing malware, viruses, backdoors, or other malicious code
• Creating competing marketplace platforms or reselling products on competing marketplaces without Extended License
• Claiming ownership, authorship, or false association with products you did not create
• Scraping, crawling, or automatically collecting data from the Platform without written consent
• Attempting to bypass access controls, payment systems, or licensing enforcement measures
• Harassing, abusing, or threatening other users, sellers, or staff
• Uploading products containing nulled, pirated, or GPL-violating code that misrepresents licensing
• Manipulating ratings, reviews, search rankings, or other marketplace metrics

13. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to a breach of the Terms.

Buyer Account Termination

• You may delete your account at any time from your dashboard settings.
• Upon account deletion, your personal data will be removed within 30 days, per our Privacy Policy.
• Previously purchased products and their licenses remain valid after account deletion, but you will lose access to re-download files.

Seller Account Termination

• Sellers may request to close their seller account by contacting support.
• Upon seller account closure, all product listings will be removed.
• Existing buyer licenses for previously purchased products remain valid.
• Outstanding payout balances will be processed within 30 days of account closure, provided no disputes or violations are pending.

Grounds for Immediate Suspension

• Uploading malicious code, malware, or security-exploiting products
• Repeated copyright infringement or DMCA violations
• Fraudulent transactions, chargebacks, or payment manipulation
• Violation of Prohibited Uses (Section 12)

14. Dispute Resolution

Buyer-Seller Disputes

If you have a dispute with a seller regarding a product, we encourage you to first contact the seller directly through the Platform's messaging system. If the dispute cannot be resolved:

• Submit a support ticket through your dashboard or contact page.
• Provide order details, description of the issue, and any relevant evidence.
• Our support team will mediate and make a final, binding decision.

Platform Disputes

Any dispute arising out of your use of the Platform shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with applicable rules, unless prohibited by local law.

15. Limitation of Liability

To the maximum extent permitted by applicable law, Gambolthemes shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or revenues, whether incurred directly or indirectly, arising from:

• Your use of, or inability to use, the Service
• Any products purchased or downloaded through the Service
• Unauthorized access to or alteration of your data
• Statements, conduct, or content of any third party (including sellers) on the Service
• Any bugs, viruses, or technical issues in seller-uploaded products

Our total aggregate liability for any claims arising from or related to the Service shall not exceed the greater of (a) the amount you paid to us in the 12 months prior to the claim, or (b) $100 USD.

16. Governing Law

These Terms shall be governed and construed in accordance with applicable laws, without regard to conflict of law principles. Your use of the Service may also be subject to other local, state, national, or international laws.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17. Contact Information

If you have any questions about these Terms of Service, please contact us:

• Email: legal@gambolthemes.net
• Contact Form: Contact Page
• Help Center: Help & Support