# Terms and Conditions of Use

Please be sure you understand and agree to our terms of use before downloading or using any of our services for your personal or client sites. If you have any questions or concerns, you may contact us at the contact page.

You should carefully read the following terms and conditions. Your purchase or use of SMSGem products or services implies that you have read and accepted these terms and conditions.

### 1. Copyright information

All editorial content and graphics on our sites are protected by U.S. copyright, international treaties, and other applicable copyright laws and may not be copied without the express permission of SMSGem, which reserves all rights. Re-use of any of SMSGem editorial content and graphics for any purpose without our permission is strictly prohibited.

### 2. Restrictions

#### 2.1. Memberships

Your SMSGem membership grants you the right to the appropriate amount of domains based on the information below. Extensions may be used on an unlimited amount of domains. Standard template installations do not expire even after your membership expires, however, the amount of in-use domains is still limited to the number of domains allowed under the membership your expired membership had.

**2.1.1. Free Membership**

* You can access and use all SMSGem free products (free templates, free themes, free extensions, etc.) on an unlimited number of domains.

#### 2.3. Non-Profit use

Non-profit sites are not counted towards your use of domains. Non-profit sites must be legally registered organizations in the country of their origin. Sites not meeting this requirement are not considered non-profit. Non-profit sites do not need to purchase a developer membership and may use any of the paid club memberships.

#### 2.4. Modification

* You may make any necessary modifications to our products to fit your purposes.
* You may not distribute the original product's code or your modified product's code of the copyright materials listed under "License" above without the explicit permission of SMSGem.
* Porting to other platforms and content management systems and redistributing as GPL or otherwise is also strictly prohibited.

#### 2.5. Unauthorized Use

You are authorized to make any necessary modification(s) to our products to fit your purposes. You may alter the product's code for your own use. But is strictly prohibited to distribute the original products code or your modified products code without the written permission of SMSGem.

The above assignment is not true for all the PHP (Hypertext Preprocessor) code that is inside our templates and/or modules. All the PHP (Hypertext Preprocessor) code inside our templates and/or modules is licensed under the GNU/GPL (GNU GENERAL PUBLIC LICENSE). For more information regarding this license please visit the GNU page.

Any member found violating these terms will be immediately suspended from our site with no refund. Any website or person found using an unauthorized SMSGem product will be banned from SMSGem for life, with no option to back-license a product, and may not purchase any future paid products from SMSGem.

#### 2.6. Assignability

Domains privileges are granted per user account only. They are not transferable to other users without prior written consent from our company.

#### 2.7. Ownership

You may not claim intellectual or exclusive ownership of any of SMSGem product, modified or unmodified. All products are the property of SMSGem. Stock, copyrighted images are not included with your membership; they are not included with our products and may not be downloaded for your use.

### 3. Warranty and Disclaimer

Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental, or consequential damages or other losses arising out of the use of or inability to use our products. We make no guarantee that our products will function with third-party extensions.

### 4. Delivery

After we have successfully received your payment, your SMSGem membership information will be emailed to the email address you provided during the payment process. This may take several hours but usually happens within minutes. If you do not receive an email after this time period, please contact us through this website. Upon logging in with the provided credentials, our SMSGem support team will have instant access to your membership rights.\
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Your E-mail address must be valid because it will be used for communication purposes. It is strongly recommended that you do not use free email addresses because free emails can be checked more thoroughly and may take longer for activation as a result.\
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All subscription dates begin at the date on which they were paid.

### 5. Refund Policy

SMSGem does not offer refunds for purchased products. Unlike physical goods, electronically distributed software and software licenses can be easily duplicated. Once we have distributed a release version to the customer, the sale is final, and you may not return the software for a refund or credit. Please be cautious and make sure you know what you are purchasing.\
Under no circumstances SMSGem will provide refunds on a "your software is not what I need" basis. Finding a bug in our products is not a reason for a refund. If you do find bugs, please report them so that we can fix them. If you are uncertain of a specific feature, please contact us.

If you fall into one or more of the below, we're sorry: You are NOT eligible for REFUND

* Refund is not applicable after 7 days since the date of your membership purchase.
* The refund amount is equal to the membership fee minus the discount (if any).
* Refund is not applicable on membership renewals.
* Refund is applicable for Paypal payment only.
* The refund would be denied in abuse cases, with abnormally high numbers of downloads within the 7 days.

### 6. Returns and cancellations <a href="#refund" id="refund"></a>

Since SMSGem is offering non-tangible irrevocable goods we can offer direct refunds if your account has not been logged-into yet. In this case, the refund will be provided without any question. SMSGem also will offer a full or partial refund within 7 (seven) business days starting from the moment when the member makes the payment. In this case, SMSGem has the right to ask questions for the refund and also we have the right to NOT offer the refund if we see reasonable. The above notice, also, applies to the license of all of our single purchase and membership purchase.

The only time membership will automatically renew is when you choose the 3-month, 6-month, or 12-month membership options, and then select the "PayPal" method of payment from the list of payment methods. These types of memberships will automatically renew to ensure uninterrupted service. You can cancel this recurring payment at any time.

### 7. Privacy Policy

We value your privacy and the information you consent to share in relation to our email marketing service. We use this information to send you notifications (for your order, including abandoned checkout reminders), marketing offers, and transactional information, including requests for reviews from us. Our website uses cookies to keep track of items you put into your shopping cart, including when you have abandoned your checkout. This information is used to determine when to send cart reminder messages via email.&#x20;

[**Click here**](https://smsgem.com/unsubscribe/?app=smsgem) if you no longer want to receive emails about promotions and other marketing activities from us.

If you have any questions or concerns about this Privacy Policy, please contact us at [contact@omegatheme.com](mailto:contact@omegatheme.com).
