Terms and Conditions

Welcome to Graphoro

1. Hi, we’re Graphoro and welcome! We’re happy to have you here and we hope you enjoy your stay. When we say ‘we’, ‘us’ or ‘Graphoro’ it’s because that’s who we are and we own and run Graphoro.

2. Graphoro helps millions of people around the world get creative online. When you create an account and accept these terms you become a member of our community. You will have a Graphoro account that will allow you to buy the items found on the Graphoro site.

3. The Graphoro site is a platform that allows members to buy to use digital items like website themes, production music, motion graphics project files, software code, vectors, images and much, much more.

4. During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of the Graphoro site is conditional on your acceptance to be bound by these terms whether you become a member or not.

5. Preview Files: If you stream or download a preview file from our Graphoro site, you agree that you will not remove any watermarking or other protective measures from the preview file. You agree that you will use the preview file solely for the purposes of evaluating a purchase from the Graphoro site and not for any other purpose.

How browsing and membership works

6. Browsing: You need to be 16 years or over to browse the Graphoro site. We don’t knowingly collect any information from anyone aged 16 or under. When browsing the site you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our Graphoro site whether or not you’re a member.

Membership

7. Age: You need to be 18 years or over to become a member or to buy items. If you’re under 18 you will need to get a parent or guardian to buy items or use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.

8. Graphoro Account: Membership is free. When you become a member you get a Graphoro account. Your membership will allow you to ‘buy’ (license) items.

9. Your responsibility: You promise that information you give us is true, accurate and complete and, if you sign up for a Graphoro account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferable, that means you cannot sell your account. You are responsible for any use of the Graphoro site including any activity that occurs in conjunction with your username and password, if you have a Graphoro account. So keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.

How buying items works

This section will help you understand what you are buying when you purchase an item and how that transaction takes place on Graphoro.

10. What you're buying:

  1. License: When you buy an item, you acquire the right to use that item; you're not actually acquiring the item itself. What you get includes a license to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on Graphoro. This license also applies to you if you download an item that someone else has bought for you (because anyone downloading an item needs to be a Graphoro member). Different license types are available for you to choose when you have selected an item. You’ll need to think about the way you want to use the item so that you can pick the right license to allow that use. It’s your responsibility to choose the correct license.
  2. Item support: All supported items include a support period. You can buy support extensions on these items. Your right to access Item Support requires a Graphoro account.
  3. Buyer Services: In addition to the use of the platform, when you ‘buy’ an item you also receive buyer services from Graphoro, like 24/7 buyer support, fraud protection, item quality control and other related buyer services.

Transacting as a buyer:

11. If you have a Graphoro account, you can make payments by using the ‘Buy Now’ function.

12. When using Buy Now you will be redirected to a payment method provider.

13. Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on Graphoro. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).

This means that you may incur additional costs when purchasing from Graphoro, which we have no control over.

14. Terms of buying: When you buy a Graphoro item you’re doing so on the following terms:

  1. you warrant to us that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
  2. you cannot cancel a completed purchase of an item;
  3. we do not promise that any particular item will continue to be available on Graphoro so you should download and save the item as soon as you buy it;
  4. once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);
  5. Graphoro retains ownership of the item;
  6. we have the right to enforce against you the terms of the license that you have acquired.
It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully.

15. Warranties we make:

  1. We warrant that the Graphoro site will be suitable for the purposes described on the site, and that we will provide our platform services with reasonable skill and care.
  2. We otherwise do not make any express or implied warranties about the Graphoro site.
  3. Items are of acceptable quality and fit for the purpose for which it is 'sold';
  4. Items match the description given on the item preview page, as well as any item preview;
  5. We will honour any express warranties given to you that are not contained in these terms;
  6. We have the rights necessary to license items on the terms of applicable license;
  7. Your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
  8. The item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
  9. The item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
  10. The item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
  11. We will process your data in accordance with applicable privacy law and data protection regulations.
This is what we promise you when you buy an item.

16. Taxes:

  1. Sales Tax. Prices and fees made for supplies made to you in connection with these terms exclude consumption and sales taxes (Sales Tax). If a supply is made to you under or in connection with these terms on which Sales Tax is imposed, the fee you must pay for that supply is increased by the Sales Tax amount.
  2. Other taxes. You are responsible for paying all such taxes and imposts associated with your use of Graphoro wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. If a withholding is required by applicable law, you will remit the legally required amount to the applicable taxing authority; you must pay to Graphoro the gross amount on the invoice(s) such that the amount received by Graphoro after the withholding tax is applied is the full amount Graphoro would have received if no withholding or deduction had been made (and it is your responsibility to arrange the remittance of the gross invoice amount in accordance with Graphoro's standard processes).

17. Items with an incorrect price or incorrect information: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be refunded and you must not use the item unless you re-purchase it at the correct price.

Refunds

18. Given the nature of digital content, a refund on a purchase is not granted unless one of the warranties in section 15 has been breached, or a refund is required under Singapore consumer law or other relevant consumer protection laws.

19. We will assess refund requests on their merits, considering the digital nature of Graphoro items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund in situations like the following:

  1. you have changed your mind about an item;
  2. you bought an item by mistake;
  3. you do not have sufficient expertise to use the item;
  4. you ask for goodwill; or
  5. you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).

20. Disputes lodged with payment agents: If, as a buyer via your Graphoro account, you lodge a dispute with a payment agent, this will result in a freezing of your Graphoro account until the dispute raised with the payment agent has been cancelled. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your Graphoro account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.

Intellectual Property

21. What we own: We own all the Graphoro content that we have put on Graphoro (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Graphoro site, and copyright, trademarks, designs and other intellectual property on Graphoro. We own all the trademarks, logos, service marks and trade names on Graphoro (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Graphoro Content or use any of our intellectual property in any way not expressly stated in these terms.

22. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others. If you believe that an item or member content infringes an intellectual property right (including copyright).

23. Model and property releases: Items are available for commercial use.

Our use of your information

24. Privacy: We respect your privacy and process your personal information in accordance with our Privacy Policy.

Our Privacy Policy explains how we deal with your information.

25. Confidential Information: We value your information and take reasonable precautions to protect it. While using the Graphoro, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the Graphoro to any other person.

Linking; apps made by others

26. Linking to the Graphoro: We’d be delighted if you decide to link to Graphoro from other sites but you have to link to a full version of a page and not link directly to an image or file hosted on Graphoro. That includes no "in-line" linking methods resulting in images hosted on Graphoro being displayed on other sites. You must not "frame" any Graphoro pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the Graphoro be discontinued, and to revoke your ability to link to the Graphoro.

27. Links from the Graphoro: The Graphoro site may contain links to other non-Graphoro sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.

28. Third party developers: We welcome the contribution of our members and broader community, who offer applications that work with Graphoro. You will need to form your own view about these applications and their developers; we’re not able to warrant or endorse those applications and disclaim liability relating to these applications.

Legal Housekeeping

29. Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our terms and policies and treat other community members well. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of Graphoro complies with these terms and our policies. We can suspend or terminate your Graphoro account at any time for any reason (acting reasonably of course), including if you:

  1. breach these terms or any terms applicable to any of your other Graphoro accounts;
  2. breach any of our policies (or policies of any other Graphoro Company);
  3. act in a way that does not align with the values of our community; or
  4. act in a way that could cause us or members harm.

 

If we do decide to permanently terminate your Graphoro account you must not apply for a new account as unfortunately you will no longer be welcome in our community.

30. We may use the services of another Graphoro Company to conduct payment or other activities with you.

Liability and indemnity - between us and you

31. You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of Graphoro.

32. If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:

  1. the items on Graphoro;
  2. information provided the items (including on any item page); and
  3. your use of items from Graphoro.

33. Our liability to you in connection with Graphoro or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

  1. we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and;
  2. our total liability to you is limited to the greater of USD 100 and the total buyer fees paid by you in the 12 months before liability accrued.

 

These sections mean that you protect us from costs and claims that happen because of your actions on the site, and that our liability to you is limited.

We may, at our expense, assume the exclusive defense and control of any matter you indemnify us against, and if so you agree to cooperate with us.

34. Availability: We strive to have Graphoro available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access Graphoro, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Graphoro works. Graphoro will not be liable to you for any loss you suffer as a result of these things.

35. Third Party: If you're agreeing to these terms on behalf of someone else (like your employer), then you're promising to us that you have full legal authority to bind that third party.

36. Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights ('non-excludable consumer guarantees'). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are bound only by the express warranties made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).

37. US-specific controls. Graphoro is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department's list of Specially Designated Nationals List (SDN list). You must not export or re-export Graphoro items to a U.S. sanctioned country or to anyone on the SDN list.

38. Notices: Any notice you send us must be submitted via a help request. Any notice we send to you will be emailed to your Graphoro account email address.

39. Changes to Graphoro Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let our community know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use Graphoro site after the changes are made, then you will be agreeing to the changes.

40. Interpretation: Words like 'include' and 'including' are not words of limitation and where anything is within our discretion we mean our sole discretion.

41. Applicable Laws: We control and operate Graphoro from our offices in Singapore. The laws of Singapore govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.

Definitions

Buy:

includes downloading an item that is made available for free on Graphoro or that is purchased for you by another member.

Buy Now:

a way of purchasing an item using a payment provider.

Buyer:

a person who ‘buys’ items on Graphoro.

Buyer fee:

the fee for the services buyers get from Graphoro like 24/7 support, fraud protection, item quality control and other related buyers’ services.

Graphoro Companies:

Graphoro and any company that controls, is controlled by or is under common control with Graphoro.

Graphoro content:

is all the content that we have put on Graphoro and includes the design, compilation, and look and feel of the Graphoro, and copyright, trademarks, designs and other intellectual property on the Graphoro.

Graphoro account:

what you receive when you become a Member which gives you access to the Graphoro site.

EU Member State:

the countries listed here: https://europa.eu/about-eu/countries/index_en.htm

Handling fee:

the fee buyers may pay when using a payment method.

Item price:

the price buyers pay for the license to use an item, as detailed in section 10.

Item support:

the support we agree to provide Graphoro account holders for an item marked as ‘supported’ as detailed on the item support page.

Items:

digital goods found on Graphoro like WordPress themes, background music, After Effects project files, photography and much, much more.

List price:

the price you see on an item page on Graphoro, which is made up of the item price and buyer fee.

Member:

a person who signs up by creating an account and accepting these terms.

Member’s statement:

the record of payments by you to Graphoro (as a buyer).

Payment method:

any payment agent or method we make available on the Graphoro.

Graphoro is the trading name of

Apps Link Pte Ltd
22 Sin Ming Lane, #06-76
Midview City
Singapore
573969

Company Number: 201430873K
Website: https://graphoro.com
Email: support@graphoro.com