Terms and conditions
Last modified: March 15, 2024
PARTIES
Agreement Overview
These Terms and Conditions (“Terms”) form a binding agreement between Cyber57 (“Company,” “we,” “us,” or “our”) and you (“you,” “your,” “Customer,” or “User”). They govern your access to and use of our WordPress themes, digital security solutions, hosting, compliance tools, and related services (collectively, the “Services”).
Acceptance of Terms
By accessing, installing, downloading, purchasing, or otherwise using any part of the Services, you confirm that you have read, understood, and agreed to be bound by these Terms. These Terms also incorporate any supplemental policies we provide, such as our Privacy Policy. If you are acting on behalf of an organization, you further represent that you have the authority to bind that organization to these Terms. If you do not agree, you must immediately refrain from using or installing any of our Services.
Scope and Applicability
These Terms apply to every form of interaction with our Services, including paid subscriptions, free trials, demo versions, and limited-feature releases. Unless explicitly stated otherwise, they also govern any updates, upgrades, or additional features provided by Cyber57.
Relationship to Other Agreements
These Terms do not replace or alter the terms of any separate written agreement you may have with us for consulting, custom development, or managed services, unless those agreements are explicitly incorporated into these Terms.
Company Rights
Cyber57 reserves the right, at its sole discretion, to refuse service, suspend access, or terminate Services at any time and for any reason, including but not limited to violations of these Terms.
Severability
If any provision of these Terms is found unenforceable within a particular jurisdiction, that provision will be limited or removed only to the extent necessary. All remaining provisions will remain in full force and effect.
BACKGROUND
These Terms are grounded in the mutual expectations and representations of both parties. The Company develops, markets, and distributes WordPress themes, plugins, and complementary digital security or compliance-related tools and services to help businesses maintain secure, reliable, and regulation-compliant websites. The User (you) seeks to procure or use such themes, software, and associated services under a license model, along with receiving updates, support, and maintenance as applicable.
In relying on these Terms, both parties acknowledge that the Company retains proprietary rights in the software, and that the User obtains only limited rights as expressly granted. The Company also depends on certain obligations by the User (e.g. compliance with usage restrictions, proper payment, non-misuse), without which the integrity of the product, security, and brand value could be compromised.
These Terms aim to clarify responsibilities, limit liabilities, and ensure predictable rights in anticipation of disputes or misunderstandings. To the extent there is any conflict between these Terms and any prior or contemporaneous agreement, the more restrictive provision on User obligations will generally govern, unless expressly stated otherwise. Further, these Terms incorporate by reference other policies (e.g. privacy, acceptable use, cookie policy) and any addenda or schedules we publish or notify you of.
INTERPRETATION & DEFINITIONS
In these Terms, unless the context requires otherwise:
“Services” refers to the themes, plugins, hosting, digital security, compliance, and any other products or features the Company provides.
“License” means the rights granted to you to use the themes or software, as specified in Section “Our Services.”
“Support & Updates” means corrections, patches, new minor versions, security updates, and technical assistance as per our policy.
“User Content” means any content (text, images, code, data) you upload, supply, or generate through use of our Services.
“Prohibited Activities” means actions you may not engage in, as listed in Section “Prohibited Activities.”
“Term” means the length of your license or subscription period.
“Renewal” means the process by which you or we extend your Term.
“Termination” means the cancellation or suspension of your access to Services under Section “Termination.”
Headings are for convenience and do not affect interpretation.
The singular includes the plural, and vice versa; “includes” means “includes without limitation.”
Reference to “you” includes any entity you represent.
If any definition is ambiguous, we may interpret it in a way that best effectuates the purpose of the relevant section. Should any provision in these Terms be held invalid or unenforceable in a given jurisdiction, it will be severed, and the remainder of these Terms will still apply to the fullest extent permitted by law. We may also issue clarifications, FAQs, or supplemental definitions, which become binding upon posting or notification.
STRUCTURE & SCOPE
These Terms apply to all aspects of your interaction with our Services: purchase, download, installation, use, updates, support, and termination. They constitute the entire agreement between you and the Company concerning the subject matter, superseding any prior or contemporaneous oral or written agreements, proposals, or communications. No modification or waiver of any term shall be effective unless in writing and signed (or electronically accepted) by both you and the Company.
Your use of the Services may also be subject to additional rules or policies (for example, documentation, readme files, service-level agreements, supplemental modules, or third-party plugin policies). In the event of a conflict between these Terms and any supplemental policy or documentation we publish, the supplemental policy will prevail only if expressly stated; otherwise, these Terms govern.
Your rights and obligations under these Terms are not transferable, except with our written consent; you may not sublicense, assign, or delegate your rights. We may assign or transfer our rights or obligations without your consent (for example, in a corporate reorganization), provided such assignment does not diminish your rights under these Terms.
These Terms apply globally; however, they may be supplemented or amended to comply with local laws in particular jurisdictions. If your local consumer protection laws cannot be waived or limited, such provisions take precedence, to the extent required by law.
COMMENCEMENT, TERM & RENEWAL
Your license or subscription to our Services begins on the date you first acquire them (either by purchase, granting access, or free trial start date). The Term lasts for the period specified (e.g. one year, perpetual, monthly) in your purchase or license agreement. For paid Products, you are entitled to use, support, and updates for the duration of the Term.
Unless otherwise agreed, renewal is automatic: at the end of each Term, your subscription will renew for an identical period under the then-current renewal price, unless you cancel before the renewal date. We will provide advance notice of renewal and any pricing changes. If you fail to pay the renewal fee, your access to updates or support may be suspended or terminated, but you may still retain a basic, perpetual usage license (if applicable) under the original terms purchased.
If you hold a perpetual license for a particular version, you may continue using that version indefinitely, but you will only receive support or updates during any active subscription periods. You may upgrade or convert perpetual versions into subscription plans if offered.
Either party may terminate the agreement (or refuse renewal) by providing notice prior to the renewal date—subject to your obligations to pay fees already incurred. Upon termination, you must immediately cease using the Services and uninstall or delete all copies of software and related documentation (unless otherwise permitted). Termination does not relieve you of obligations incurred prior (e.g. unpaid fees, indemnities, confidentiality).
In certain cases—such as nonpayment, breach, or misuse—we reserve the right to suspend or terminate your access immediately, without notice, as described in “Termination.”
PROVISION OF SERVICES
We shall deliver the Services to you according to the description, scope, and schedule (if any) applicable to the particular theme, plugin, or offering you obtain. As part of the Services, we may provide you with installation files, documentation, access to download portals, APIs, integrations, and related modules. We also supply Support & Updates as defined under our support policy, which may include bug fixes, security patches, minor feature enhancements, and technical assistance through designated communication channels.
We make commercially reasonable efforts to maintain and host our infrastructure or third-party infrastructure so that Services remain available, secure, and responsive. However, we cannot guarantee uninterrupted availability, and we may occasionally perform maintenance, upgrades, or downtime, either scheduled or emergent. We may also evolve or retire certain features or versions over time; in such cases, we will attempt to provide you notice and migrate paths where feasible.
We may integrate third-party components (e.g. libraries, APIs, data sources) into Services, which are subject to their own licensing, terms, and availability. If a third-party component is deprecated or withdrawn, we may adjust or disable related functionalities.
You acknowledge that Services are provided “as is” to the extent permitted by applicable law, and that we are not responsible for your specific implementation, compatibility issues, or outcomes. You shall ensure that your hosting environment, server configuration, other installed plugins or themes, and your own development modifications maintain compatibility and security.
We may provide additional professional services (e.g. customization, consulting, managed hosting) via separate agreement or statement of work, which will be governed under separate terms, and may override or supplement these standard Terms.
USE OF SERVICES
You may use the Services only in accordance with these Terms, any license conditions, documentation, and any applicable laws. You are responsible for all activity conducted under your account or via your license. You may not:
Copy, distribute, sublicense, rent, lease, lend, transfer, or otherwise make available the Services (or parts thereof), unless expressly permitted by us.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from compiled software.
Modify, adapt, translate, create derivative works, or incorporate the software into other products, unless explicitly allowed.
Use the Services in any unlawful manner, or in furtherance of an illegal purpose (e.g. distributing malware, launching attacks, infringement of others’ rights).
Remove, obscure, or alter any copyright, trademark, or proprietary notices within the software.
Use the Services to store or transmit unlawful content or infringing material, hate speech, or anything harmful or offensive.
Use the Services in a way that interferes with or impairs others’ use or the performance, stability, or security of our infrastructure.
Permit third parties to access or use your license except as otherwise allowed.
You must maintain reasonable security protections in your use (strong passwords, updates, backups) and must promptly notify us if you become aware of unauthorized use or breach. We reserve the right to audit or inspect your use for compliance with these Terms.
HOSTING AND STORAGE
When Cyber57 provides hosting for your website, we maintain responsibility for the server infrastructure, uptime monitoring, and applying necessary updates to ensure security and performance. While we make every reasonable effort to keep hosting stable and reliable, you remain responsible for the content you upload, the legality of that content, and any third-party integrations you install. You must not use hosting for illegal activity, distribution of malware, or storage of prohibited content.
We reserve the right to suspend hosting services immediately if we detect harmful activity, violations of law, or actions that could compromise the security of our infrastructure or other customers.
Data Backups and Availability
We perform periodic backups of hosted websites for disaster recovery purposes, but these backups are not guaranteed to be comprehensive. Customers are encouraged to maintain their own copies of critical files and databases. While we aim for high availability, occasional downtime may occur due to maintenance, software updates, or external factors beyond our control.
In the event of outages, we will make reasonable efforts to restore service quickly and communicate status updates. Cyber57 is not liable for data loss, business interruption, or damages caused by downtime, though we always strive to minimize risks through proactive measures.
PAYMENT TERMS
All hosting, digital security, and related services provided by Cyber57 are subject to monthly billing. Invoices are issued in advance of each service period, typically on the first day of the month, and payment must be received within three (3) calendar days of the invoice date. By continuing to use our Services, you acknowledge and agree that timely payment is a condition of maintaining uninterrupted access to your hosted website, security tools, and support.
Payments must be made using the methods specified on your invoice or billing portal, which may include credit card, bank transfer, or other accepted payment channels. You are responsible for ensuring that your payment details are accurate and up to date. Any bank or transaction fees associated with your chosen payment method are your responsibility, and payments are considered complete only once the full invoiced amount has cleared into our designated account.
Failure to meet the three-day payment deadline will result in immediate suspension of Services. During suspension, your hosted website and related resources will be taken offline and rendered inaccessible to visitors. Access will only be restored once the outstanding balance has been fully settled. In addition, Cyber57 reserves the right to apply a reactivation fee to cover the administrative and technical costs of restoring suspended accounts. If payment is not received within ten (10) days of the original invoice, we may permanently delete your website files, databases, and associated data. This action is irreversible, and Cyber57 shall not be liable for any data loss, business interruption, or damages arising from such termination.
We do not provide partial refunds for unused portions of service periods when Services are terminated due to non-payment. All fees are non-refundable except as required by applicable consumer protection laws. If you dispute a charge, you must notify us in writing before the payment due date; otherwise, the charge is deemed accepted. Disputes do not relieve you of your obligation to pay undisputed amounts on time.
By entering into this agreement, you confirm that you understand the strict payment timeline and accept that failure to meet it results in suspension or permanent loss of your website and data. These payment terms are essential to ensuring that Cyber57 can continue to provide secure, reliable, and professional hosting and compliance services for all customers.
TERMINATION
We may suspend or terminate your access to Services (in whole or part) immediately, without prior notice or liability, if you breach these Terms (especially with respect to use restrictions, nonpayment, reverse engineering, improper distribution, or legal violations). Upon termination, all your rights under these Terms immediately cease. You must stop all use, delete or remove copies of software, and cease distribution or deployment.
We may also suspend access temporarily while investigating suspected misuse or violation, during which time you shall cooperate with requests for information or remediation. If you want to terminate voluntarily, you may discontinue use and notify us in writing; termination does not relieve you from paying all fees incurred through the date of termination.
Sections that by their nature should survive termination will remain effective (e.g. intellectual property rights, indemnity, limitation of liability, confidentiality, governing law). If you hold a perpetual license for a certain version, termination shall not revoke your right to use that version (unless your breach caused forfeiture), but your support, updates, or access to newer versions will cease.
We may also terminate or suspend our Services at any time (for example, discontinuation of a theme or feature) with prior notice. In such event, we will provide you at least 30 days’ notice and offer a migration path or refund of unused prepaid fees, consistent with fairness.
CHANGES TO TERMS
We reserve the right to change or revise these Terms at any time. When we do, we will post the updated version, update the “Last modified” date, and where changes are substantial, we may notify you via email or in-product notice. Your continued use after such notice constitutes acceptance.
If you do not agree to the revised Terms, you must stop using our Services and may request termination and data deletion where applicable. If a revision materially alters your rights or obligations (e.g. pricing, license scope, limitation of liability), we may require affirmative acceptance (click-through or separate confirmation).
We may preserve prior versions for reference, and you may request a copy of past Terms. We each may retain rights or obligations accrued prior to any change.
GOVERNING LAW, DISPUTE RESOLUTION & MISCELLANEOUS
These Terms shall be governed by and construed under the laws of State of Florida, U.S, without regard to its conflict of laws principles. You and we agree that any dispute will be resolved exclusively in the state or federal courts located in that jurisdiction, and each party consents to the personal jurisdiction and venue of such courts.
Before filing any claim, you and we will attempt in good faith to resolve the dispute via negotiation or mediation. If unresolved, either party may initiate litigation.
If any provision of these Terms is held invalid or unenforceable in a jurisdiction, that provision will be limited or severed only to the extent necessary, and remaining provisions shall remain enforceable.
You may not waive or amend any provision except in writing, signed (or electronically accepted) by both parties. No failure or delay by us in enforcing any right shall act as waiver. The headings are for convenience only.
You acknowledge that you enter into these Terms voluntarily and not in reliance on any representation except as expressly set forth herein. These Terms do not confer third-party beneficiary rights unless expressly stated. We may provide you notices by email or posting to your account or via our website; notice is effective when sent.
INTELLECTUAL PROPERTY & LICENSE GRANT
We (Cyber57) retain all intellectual property rights, title, and interest in and to the Services, including themes, software, underlying code, libraries, documentation, designs, trademarks, trade secrets, and any derivative works thereof. Your license grants you limited, revocable, nonexclusive, nontransferable usage rights, subject to compliance with these Terms. You may install and use the software for your projects, but you may not claim ownership or replicative rights.
Your license does not grant you rights to redistribute, rebrand, or resell the software (unless explicitly permitted). If you incorporate parts of our software or APIs into custom modules or extensions, the ownership of those extensions remains yours, but you must respect our license boundaries. You must not remove or obscure any copyright, trademark, or attribution notices.
If you contribute any feedback, enhancements, suggestions, or code to us (a “Contribution”), you grant us a perpetual, worldwide, royalty-free, irrevocable, fully sublicensable license to use, modify, incorporate, or redistribute such contributions in any form. You warrant that you have full authority to grant such license, and that your contributions do not infringe third-party rights.
You agree not to contest, challenge, or assist others to challenge our ownership or rights in the software. If you believe any content or code infringes your rights, you must notify us in writing with adequate details, and we will respond consistent with our infringement policy.
CONTACT INFORMATION
If you have questions, concerns, or requests regarding these Terms or your use of our Services, you may contact us at:
Email: terms@cyber57.com or legal@cyber57.com
Address: 2915 Biscayne Blvd. Suite 300, Miami, FL, 33137
Phone: +1 (786) 628-0515
We’ll endeavor to respond to valid inquiries promptly. You also may seek assistance from your local consumer protection agency or legal counsel if needed.
