Terms of Service
Acceptance of Terms
These Terms of Service govern your access to and use of the Flart Studio website, accounts, subscriptions, downloads, support, and related services.
"Flart Studio", "we", "us", and "our" mean Anatoliy Kulbabskyy, operating as Flart Studio.
By accessing or using the Website, creating an Account, purchasing a Subscription, or downloading or using Software, you agree to these Terms of Service and, where applicable, the Software License and Refund Policy. You acknowledge the Privacy Policy, which explains how personal data is processed.
If you use the Services on behalf of a business or other organization, you represent that you have authority to bind that organization. If you do not agree to the applicable terms, do not use the Services or Software.
Nothing in these Terms limits any right that cannot lawfully be excluded or restricted.
Definitions
- "Account" means a registered user account on the Website.
- "Credentials" means login credentials, Download IDs, API or download keys, and other access credentials issued in connection with an Account or Subscription.
- "Services" means the Website, Accounts, Subscriptions, downloads, updates, support, and related services provided by Flart Studio.
- "Software" means extensions, plugins, elements, distribution packages, and related materials distributed by Flart Studio.
- "Subscription" means a fixed-term paid plan providing the entitlements stated at the time of purchase.
- "Website" means
flart.studioand its subdomains. - "you" and "your" mean the person or entity using the Services.
Eligibility
You must have the legal capacity to enter into a binding agreement. The Services are not directed to children. A person who has not reached the age of legal capacity in their jurisdiction may use the Services only with the involvement and authorization of a parent or legal guardian.
You may not use the Services where doing so would violate applicable law or a lawful restriction imposed on you.
Accounts
Account Responsibilities
When creating or using an Account, you agree to:
- provide accurate and current information;
- maintain the security and confidentiality of your Credentials;
- use the Account only for yourself or the entity you are authorized to represent;
- remain responsible for activity performed through your Account; and
- notify us promptly if you reasonably suspect unauthorized access.
Account Ownership and Access
Unless we expressly permit otherwise:
- each individual or legal entity may maintain one Account;
- an Account belonging to a legal entity must be operated by one authorized account representative;
- Credentials must not be shared with other personnel or third parties;
- the registered email address and additional information reasonably requested by us may be used to verify control of the Account;
- Account ownership and paid entitlements are not transferable without our prior written approval; and
- you may not sell an Account, use another person's Account without authorization, or create multiple Accounts to circumvent limits.
Account Security and Suspension
We may temporarily restrict access where reasonably necessary to protect an Account, investigate suspected fraud or unauthorized use, comply with law, or address a material breach of these Terms. Where appropriate, we will provide notice and a reasonable opportunity to resolve the issue.
Software License
Use of the Software, its components, and distribution materials is governed by the Software License, including its Split License model.
If these Terms and the Software License address the same Software-specific matter, the Software License controls for that matter.
Official Distribution Packages and Integrity
An official Flart Studio distribution package contains components governed by different licenses, as described in the Software License.
You may not redistribute an official distribution package or its Proprietary Assets, make them available to third parties, modify or repackage them for redistribution, remove or alter identifying information to conceal their source, or present a modified package as an official Flart Studio release.
We may use cryptographic hashes, archive metadata, individualized build identifiers, or similar integrity and attribution measures to distinguish an official package, detect alteration, and investigate unauthorized distribution. A package that no longer matches its official integrity data may be treated as modified or unofficial for authentication, update, and support purposes. An integrity mismatch alone does not, without supporting evidence, establish that a particular person committed an infringement.
Subscriptions and Payments
Fixed-Term Subscriptions
Subscriptions are purchased for a fixed period and do not renew automatically. The duration, included products, site or domain limits, price, and other plan-specific entitlements are those shown at the time of purchase.
An active Subscription provides access to the downloads, updates, and support included in the purchased plan. Renewal is optional and, if purchased, is charged at the price displayed at the time of renewal.
An expired Subscription may be renewed later to restore the downloads, updates, and support included in the newly purchased period. Prices are displayed in euros unless otherwise stated at checkout.
After a Subscription expires:
- access to new downloads, updates, and support ends unless the Subscription is renewed;
- Software already lawfully installed may continue to be used as permitted by the Software License; and
- the applicable site or domain limits continue to apply.
Payment Processing
Payments are processed by PayPro Global, Inc., acting as Merchant of Record. PayPro Global handles checkout, payment processing, applicable transaction taxes, and approved refunds. Its own terms and privacy notices apply to information provided through its checkout. By completing a purchase, you also agree to the applicable PayPro Global legal terms.
PAYPRO-CHARGE.COM may appear on your bank or card statement for a purchase.
You are responsible for providing accurate payment information, ensuring that the selected payment method is authorized and has sufficient funds, and paying charges or obligations imposed by your bank, payment provider, or jurisdiction that are not collected by the Merchant of Record.
Refunds
Refund eligibility and processing are described in our Refund Policy. That policy is additional to any mandatory consumer remedy that applies.
We encourage you to contact our support team before requesting a refund so that we have a reasonable opportunity to investigate and resolve an eligible product issue.
Updates and Support
Updates
During an active Subscription, you may download the current version and updates made available for the Software covered by your plan. Access to downloads and updates may require valid Credentials and may be limited to the number of sites or domains included in the plan. We may verify the applicable Subscription and entitlement before authorizing access.
We may discontinue support for obsolete Software or platform versions. Current compatibility and system requirements are published with the relevant product or release where applicable.
Support for Paid Software
Support for paid Software is available only when:
- you have an active Subscription for the specific Software concerned;
- the Subscription was purchased directly through
flart.studio; - the Account and Credentials connected to the Subscription are valid; and
- the request concerns Software covered by that Subscription.
Support must be requested through an official Flart Studio support channel and is provided in English. Unless expressly agreed otherwise, support does not include:
- Software not covered by an active Subscription;
- Software obtained from an unauthorized source;
- custom development, customization, or feature implementation;
- third-party products, services, themes, plugins, or integrations;
- website installation, hosting, server configuration, or general administration;
- issues caused by modifications outside the delivered Software; or
- compatibility with unsupported versions of Joomla, WordPress, YOOtheme Pro, PHP, or other system dependencies.
We do not guarantee a particular response or resolution time unless expressly agreed in writing.
Free Software
Free Software is provided without an entitlement to technical support, installation assistance, customization, maintenance, or future updates. Bug reports may be submitted, but we are not required to implement a fix or release an update. Mandatory legal rights, where applicable, remain unaffected.
Acceptable Use
You must use the Services lawfully and in accordance with these Terms and the applicable Software License.
Prohibited Conduct
You may not:
- obtain, publish, redistribute, sell, share, or otherwise make proprietary Software or an official distribution package available without authorization;
- use Software or update access beyond the limits of the applicable Subscription;
- share, sell, lease, or transfer Credentials to unauthorized persons;
- participate in group purchases, license pooling, account pooling, or other arrangements intended to share one entitlement between unrelated persons or organizations;
- remove, obscure, or falsify copyright, licensing, attribution, or package identity information;
- circumvent or interfere with authentication, entitlement, security, or access controls;
- use automated requests in a way that unreasonably burdens or disrupts the Services;
- scrape, extract, or systematically copy protected Website or Software content except as permitted by the applicable license or law;
- attempt unauthorized access to Accounts, systems, data, or networks;
- interfere with the availability or operation of the Services;
- upload or transmit malware or harmful code;
- use the Services for fraud, infringement, violation of third-party rights, or other unlawful activity;
- misrepresent your identity or authority; or
- harass, threaten, or abuse other users or Flart Studio personnel.
Any restriction in this section is subject to rights expressly granted by the applicable Software License and to activities that cannot lawfully be prohibited.
Intellectual Property
Protected Materials
Materials owned by or licensed to Flart Studio and protected by applicable intellectual property laws include:
- the Website and its original content;
- Flart Studio names, branding, logos, and trademarks;
- documentation and help content;
- proprietary Software components;
- text, graphics, images, video, and other media; and
- interface designs and other proprietary materials.
Rights and Restrictions
No ownership right is transferred to you. Your rights to use the Software are limited to those granted by the applicable Software License. Nothing in these Terms changes the license applicable to an individual Software component.
You may not use Flart Studio names, logos, or trademarks in a manner that suggests sponsorship, endorsement, or affiliation without prior written permission. You may not copy, distribute, commercially exploit, or remove proprietary notices from Website content or other protected materials except as permitted by the applicable license or law.
Suspension, Enforcement, and Termination
Unauthorized publication or distribution of the Software can cause substantial and continuing harm.
Grounds for Enforcement
We may investigate suspected violations and take decisive action where reliable evidence establishes or gives us reasonable grounds to believe there has been:
- unauthorized publication, redistribution, sale, sharing, or other making available of a distribution package or Proprietary Assets;
- intentional removal or manipulation of attribution, watermarking, build identity, or access-control information to conceal the source of an unauthorized copy;
- use of Software beyond applicable site or domain limits;
- credential sharing, account abuse, fraud, or circumvention of authentication, entitlement, or access controls;
- another material breach of these Terms or the Software License;
- a security threat or unauthorized access;
- non-payment or reversal of a payment connected to an entitlement; or
- conduct that requires action under applicable law.
Available Actions
For an intentional or serious material breach, including unauthorized distribution, we may act immediately and without prior notice to:
- suspend or terminate the affected Account and Subscription;
- disable Credentials and revoke access to downloads, updates, and support;
- terminate the license to Proprietary Assets to the extent provided by the Software License and permitted by law;
- restrict related Accounts or access reasonably shown to be controlled or used by the same person to continue or evade the violation;
- preserve relevant records and notify hosting providers, platforms, search engines, payment providers, or other intermediaries as reasonably necessary;
- issue copyright or other lawful takedown notices;
- seek injunctive relief, actual or statutory damages, and recoverable enforcement costs; and
- refer suspected unlawful conduct to competent authorities where appropriate.
For confirmed intentional unauthorized distribution of Software, the broader account-wide, permanent, and anti-evasion remedies stated in the Software License may apply.
These remedies are cumulative and termination does not waive any claim arising from the breach. No refund is due for an Account or entitlement terminated because of a confirmed intentional material breach, except where a refund or other remedy is required by applicable law.
Notice, Review, and Payment Disputes
For a non-intentional breach that is reasonably capable of remedy, we may provide notice and an opportunity to cure. A person who believes enforcement resulted from a mistake may contact us and provide relevant evidence. Providing a review channel does not require us to restore access while a continuing infringement, fraud, or security risk is being investigated.
A payment dispute or chargeback may result in temporary suspension of entitlements connected to the disputed transaction while it is investigated.
Effect of Termination
Termination of an Account does not change rights that cannot be withdrawn under the license applicable to an individual Software component. Continued use of proprietary components after termination is governed by the Software License. Refunds, if any, remain governed by the Refund Policy and mandatory law.
Provisions that by their nature should survive termination, including intellectual property, liability, dispute resolution, and accrued payment obligations, will survive.
Service Availability and Changes
For technical, security, legal, or business reasons, we may:
- perform maintenance;
- modify features or availability;
- impose reasonable usage or access limits; or
- suspend or discontinue part of the Services.
We will make reasonable efforts to give notice of a material change that adversely affects an active paid Subscription where advance notice is reasonably possible.
We do not guarantee that every feature or Service will remain available indefinitely. Any mandatory remedy arising from a change or discontinuation remains unaffected.
Third-Party Services
The Services may link to or interoperate with third-party websites, platforms, payment services, content, or software. Third-party services are governed by their own terms and privacy practices. We are not responsible for third-party services that we do not control, except to the extent responsibility cannot lawfully be excluded.
Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Services and Software are provided "as is" and "as available" without express or implied warranties beyond those expressly stated, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and availability.
We do not guarantee that the Services or Software will:
- meet every individual requirement or intended use;
- operate without interruption, delay, error, or security incident;
- remain compatible with unsupported or changed third-party environments;
- produce a particular result; or
- have every defect corrected.
This section does not exclude statutory guarantees, conformity obligations, or other mandatory rights that apply to consumers.
Limitation of Liability
To the maximum extent permitted by applicable law, Flart Studio will not be liable for indirect, incidental, special, or consequential loss, including loss of profit, revenue, data, goodwill, business opportunity, use, or business continuity, or for the cost of substitute products or services, arising from the Services or Software, regardless of the legal theory asserted and even if the possibility of such loss was known.
Where liability may lawfully be limited, our aggregate liability arising from the affected Service or Software will not exceed the amount paid for it during the twelve months preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, breach of mandatory consumer rights, or any other liability that cannot lawfully be excluded or limited.
Business User Indemnity
If you use the Services primarily for business purposes, you agree, to the extent permitted by law, to indemnify Flart Studio against third-party claims and reasonable costs, including reasonable legal fees where recoverable, arising directly from:
- your unlawful or unauthorized use of the Services or Software;
- your material breach of these Terms or the Software License;
- your infringement of a third party's rights; or
- false information or material misrepresentation supplied by you.
This section does not apply to consumers where such an obligation is prohibited or restricted by applicable law.
Amendments
We may update these Terms for:
- legal or regulatory requirements;
- security, fraud prevention, or abuse prevention;
- technical or operational changes; or
- legitimate changes to the Services or our business.
The updated Terms will be published on the Website. Where appropriate, we will provide reasonable notice of material changes that affect an active paid Subscription.
Changes apply from their stated effective date and do not retroactively remove rights already acquired under a completed purchase, except where required by law or where the change is necessary to address abuse or a security risk. If you do not accept an updated version, you must stop using the affected Services from its effective date.
Governing Law and Disputes
These Terms are governed by the laws of Ukraine, without regard to conflict-of-law rules. If you are a consumer, this choice does not deprive you of mandatory protection provided by the law of the country where you habitually reside.
Before commencing formal proceedings, we encourage you to contact us and allow a reasonable opportunity to resolve the dispute. This does not prevent either party from seeking urgent relief or exercising any right within an applicable limitation period.
Disputes may be brought before any court having jurisdiction under applicable law. Nothing in these Terms restricts a consumer's right to use available statutory or regulatory remedies.
General Terms
Severability
If a provision is held invalid or unenforceable, it will be limited or removed only to the extent necessary, and the remaining provisions will continue in effect.
No Waiver
Failure to enforce a provision is not a waiver of the right to enforce it later. A waiver must be express and applies only to the matter for which it is given.
Assignment
You may not transfer an Account, Subscription, or contractual entitlement without our prior written consent. We may transfer our rights and obligations as part of a reorganization, business transfer, or change of service provider, provided that doing so does not reduce mandatory rights or material contractual guarantees. We will give notice where required by law.
Entire Agreement
These Terms, together with the Software License, Privacy Policy, and Refund Policy, form the agreement governing the relevant Services and supersede prior statements concerning the same subject matter. Product-specific terms shown at purchase also apply to that purchase.
Contact
For questions about these Terms or the Services:
Support: https://flart.studio/contacts