The Terms of Service and Condition of Use set forth the terms between ThemeKit Ltd (“ThemeKit”) and “Users” or “User” of any services or features of the applications provided by ThemeKit, including the ThemeKit application (the “Service”).

By continuing to use or access the Service, you agree you have read, understood, and agree to be bound by the terms and conditions of these Terms of Service and Condition of Use, including the License Terms (“Terms of Service”), which constitute a binding agreement between us, and also to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user. These Terms of Service apply to all visitors, users and others who access the Service.

PLEASE READ THIS AGREEMENT CAREFULLY AND BE SURE YOU UNDERSTAND IT FULLY, BECAUSE IT EXPLAINS AND CONTROLS YOUR LEGAL RELATIONSHIP WITH US AND YOUR RIGHTS RELATED TO YOUR USE OF THE SERVICE. BY ACCESSING, USING, SAVING, COPYING, PASTING, EDITING, SHARING, DOWNLOADING, PURCHASING AND/OR SUBSCRIBING TO THEMEKIT APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE OUTLINED TERMS OF SERVICE. IF YOU DO NOT AGREE, DO NOT USE THEMEKIT.

1. Definitions

The following words shall take the meaning set out below:

1.1. “Content” means digital content, such as custom app icons, designs, creative works, widget designs, images, photos, artwork, graphics, elements and icons, photographs, logos, illustrations, data, content, text, wallpapers and all material which may be used or available via Services operated by ThemeKit under the brand name “ThemeKit” and its related Services (collectively, “Service” or “Services”).

1.2. “User” or “Users” means any individual(s) or company who downloads and/or accesses the application ThemeKit and/or Services or applies, creates an Account.

1.3. “Derivative Work” means editing, modifying, altering or adapting, including by way of cropping, resizing or reformatting partly or wholly any Content or Resources.

1.4. “Moral Rights” means the right of integrity of authorship, the right of attribution of authorship and the right not to have authorship falsely attributed, more particularly as conferred by the Copyright Act 1968 (Cth), and rights of a similar nature anywhere in the world whether existing at the Effective Date or which may come into existence on or after the Effective Date.

1.5. “Resources” means (but are not limited to) all artwork, custom app icons, designs, creative works, widget designs, images, photos, artwork, graphics, elements and icons, photographs, logos, illustrations, data, content, text, wallpapers and all material content, text, copyrighted or licensed materials, associated websites, programs, software and/or all other material made available through ThemeKit or the Service or provided and/or owned by ThemeKit.

1.6. “Separate Terms of Service” means any documents pertaining to the Service and provided or uploaded by ThemeKit, such as “agreements”, “guidelines”, and “policies”.

1.7. “User-Generated Content” means images, photographs, illustrations, backgrounds, text, audio, video, or other content that you create through ThemeKit or the Service, or share, transmit, or otherwise make accessible or viewable by the public or other users of ThemeKit or the Service.

2. Consent to the Terms of Service

2.1. Users may use the Service only in accordance with the provisions of the Terms of Service. Users may not use the Service unless they validly and irrevocably consent to the Terms of Service.

2.2. By consenting to the Terms of Service, each User represents and warrants that the User is of the legal age of majority in the jurisdiction in which the User resides. Notwithstanding the foregoing, if a minor between the ages of 13 and the legal age of majority wishes to use the Service, the parent or legal guardian of the minor may allow the minor to use the Service solely under their supervision and only in accordance with the Terms of Service. In such case, the parent or legal guardian is liable for any acts committed by the minor. If a User uses the Service on behalf of, or for the purposes of, a business enterprise, then that business enterprise shall also be deemed to have consented to the Terms of Service, thereby concluding a valid and irrevocable agreement between ThemeKit and the business enterprise.

2.3. By actually using the Service, Users are deemed to have validly and irrevocably consented to the Terms of Service.

2.4. If there are Separate Terms of Service, Users shall also comply with the provisions of the Separate Terms of Service as well as the Terms of Service.

3. Modification of the Terms of Service

ThemeKit may modify the Terms of Service or Separate Terms of Service at any time deemed necessary by ThemeKit and without providing prior notice to Users. By continuing to use the Service after a change to the Terms of Service or Separate Terms of Service, Users are deemed to have validly and irrevocably consented to the modified Terms of Service or Separate Terms of Service. Notifications regarding the modification to Terms of Service may not be provided individually to Users. Users are responsible to keep updated and review these Terms of Service to see if there are any changes.

BY ACCESSING AND CONTINUING TO USE THE SERVICE, USERS ACCEPT ANY CHANGES TO THESE TERMS OF SERVICE AND AGREE THAT ALL STATEMENTS MADE IN THIS AGREEMENT ARE CORRECT AND TRUE.

4. Service

We may, without prior notice, change the Service; stop providing the Service (temporarily or permanently) or features of the Service (including the Resources), to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend User’s access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service.

5. Account

5.1. When Users provide information about the User to ThemeKit when using the Service, such information shall be true, accurate, complete, and kept up-to-date. In some cases, Users may be required to provide their name, address, phone numbers, e-mail address, information necessary to use certain features of the Service.

5.2. Users who have agreed to use the Service may withdraw from using the Service, however must notify ThemeKit via the email if they would like to have their Contents removed from our servers. Users must provide twenty-eight days (28) notice.

5.3. ThemeKit may terminate the agreement entered into between the User and ThemeKit regarding the Service without giving prior notice to the User, if ThemeKit believes is or is likely to be one of the following:

5.3.1. Any person that has harmed, or there is a possibility that such person may harm, the reputation of ThemeKit;

5.3.2. Any person that has violated, or there is the possibility of a violation of, the Terms of Service, Separate Terms of Service, and any applicable laws and regulations;

5.3.3. Any person that has not used the Service for a certain period of time, or has been determined by ThemeKit, under reasonable criterion, to make no use of the Service in the future;

5.3.4. In addition to all (5.3.1.) through (5.3.3.) above, any person that ThemeKit, under reasonable criterion, determines as inappropriate to execute the Service, including, but not limited to, mutual trust being lost between the User and ThemeKit.

5.5. ThemeKit may also terminate this agreement between ThemeKit and the User for any reason, or no reason and at any time.

6. Privacy

6.1. ThemeKit places its highest priority on the privacy of Users.

6.2. ThemeKit uses the personal information obtained from Users through the Service only for identification, contact, examination, prevention of improper use, promotion of smooth use of the Service, improvement of the Service, creation of statistical data, and administrative work necessary for the Service. In addition, ThemeKit may provide the personal information obtained from Users through the Service to the third party, provided that (1) ThemeKit believes the User have harmed, or there is a possibility that Users may harm, the reputation of ThemeKit, or (2) ThemeKit believes that Users have violated, or there is the possibility of a violation of, the Terms of Service, Separate Terms of Service, and any applicable laws and regulations, based on the claims from such third party.

6.3. ThemeKit follows the provisions of the ThemeKit’s Privacy Policy regarding the handling of personal information.

6.4. ThemeKit exercises its utmost care and attention regarding security measures for the secure management of information received from Users.

7. Production and Use of Contents

7.1. The Terms of Service apply to (but are not limited to) all custom app icons, designs, creative works, widget designs, images, photos, artwork, graphics, photographs, illustrations, data, content, text, wallpapers and all material, copyrighted or licensed materials, associated websites, programs, software and/or all other material (collectively, the “Resources”). It also applies to ThemeKit material shared on social networking sites. ThemeKit and the Resources accessed and used by the user or otherwise made available through the service are owned, controlled and/or licensed by or to ThemeKit and are protected by copyright and intellectual property rights. Please note, all logos, marks and photos belong to respective owners.

7.2. Users may produce the Contents using the Application and submit their Contents to ThemeKit by the method designated by ThemeKit for the review conducted by ThemeKit for the distribution of the Contents. ThemeKit grants to Users a non- transferable, non-sublicensable, revocable and non-exclusive, limited license to use the Application for the sole purpose of using the Service. ThemeKit may terminate this license at any time for any reason or no reason. Except for the rights expressly granted to Users herein, all rights in or relating to the Service are the proprietary property of ThemeKit. ThemeKit reserves all rights not expressly granted herein and set out by this Agreement.

7.3. ThemeKit may distribute the Contents anywhere in the world from the date a User makes a submission to ThemeKit. For avoidance of doubt, ThemeKit, at the time of distribution, may exclude a certain country or region from the territory at the discretion of ThemeKit. ThemeKit will suspend or terminate the distribution upon User’s request made in a manner designated by ThemeKit. ThemeKit may partially or in whole restrict, suspend, or terminate the distribution of the Contents without the prior consent of User, if ThemeKit determines that the Contents or the distribution of the Contents are inappropriate or if ThemeKit determines that the display and/or motions of the Contents became inappropriate. ThemeKit may also terminate the distribution of the Contents for any other reason or no reason.

7.4. Users acknowledge that ThemeKit may use the Content and/or messages posted by ThemeKit users, with the consent of such users, during the term and after the termination of the contractual relationship between the User and ThemeKit hereunder.

7.6. ThemeKit may use the Contents for advertising and promotion of Services operated by ThemeKit without the prior consent of Users.

7.7. ThemeKit may, at its own discretion, for example, at the time of Apple or Google and/or the Service updates, modify or make derivative works to the Contents for the purpose of optimizing the display or motions of the Contents within the Service or any other reason.

8. Usage Limitations

8.1. Users agree that while being privileged to use the service, including (but not limited to) downloading assets and sharing, posting, transmitting, saving and downloading the Resources, Users do not have permission to otherwise violate ThemeKit’s copyright and licensing rights by making derivative works outside of ThemeKit or by selling, distributing, transmitting, publishing, reproducing or exploiting the Resources, the service and any other material. Users understand that the Content contained in ThemeKit and the services offered cannot in any way be used for commercial or public purposes and are for personal, non-commercial purposes only.

8.2. Users understand that access to and use of ThemeKit and the service may require me to create an account (using my email and setting a password). They understand that their password protects their account and personal information. They accept that it is their responsibility to keep my password safe and secure. Users understand that they are responsible for the use of my username and password. In the event, the User suspects that their username and password has in any way been compromised, stolen, lost or accessed without their permission, the User must change their password immediately and/or submit an email or message through the contact us page. Users agree to contact ThemeKit immediately of any unauthorised use of their account or any breach of security. Users understand that they may be liable for losses incurred by ThemeKit or any other user because another person used my username and password or account as a result of my failure to keep my account details safe. Users understand that I am not allowed to use any other person’s username, password or account without obtaining their express permission and consent first. ThemeKit will not be legally responsible or liable for any loss or damage that arises from your failure to conduct yourself in accordance with these terms.

8.3. All content is copyrighted and protected under Australian and international copyright law. ThemeKit grants the User a limited personal, non-commercial, non-assignable, non-exclusive, revocable, and non-sublicensable license to access, use and share the content contained in ThemeKit within the previously listed usage rights.

8.4. By entering into this Agreement, Users grant ThemeKit a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display “User-Generated Content”, in whole or in part, and to incorporate your “User-Generated Content” in other works, in any form, media, or technology now known or later developed, including for promotional or marketing purposes, without any payment to you. Users acknowledge that their “User-Generated Content” may be viewed, reproduced, published and/or modified by ThemeKit.

You acknowledge that ThemeKit may delete any “User-Generated Content” from ThemeKit and/or ThemeKit’s servers at any time, for any reason, in its sole discretion without notice or liability to you. ThemeKit reserves the right to not post or publish “User-Generated Content” and is not obligated to store any “User-Generated Content”.

8.5. ThemeKit assumes no responsibility for any “User-Generated Content” made available by you or any third party in connection with ThemeKit. ThemeKit is not responsible for any loss of or damage to any “User-Generated Content”, nor is ThemeKit liable for any incorrect, defamatory, libelous, false, obscene, or offensive content you may encounter in connection with “User- Generated Content”. “User-Generated Content” is the sole responsibility of the User that made it available in connection with ThemeKit.

8.6. Except for the limited license granted to you, ThemeKit retains and reserves all rights, titles, and interest in and to all ThemeKit-owned or licensed intellectual property utilised in and in connection with ThemeKit, including, without limitation, content in their own designs and icons, the service copyrights, database rights, inventions, patents, trade secrets, know-how, and other confidential and proprietary information of ThemeKit, and all other proprietary or intellectual property rights of any kind in any country (collectively, the “ThemeKit Intellectual Property”).

8.7. The use of the Service, ThemeKit and the Resources shall NOT be taken to grant either directly or indirectly, or by implication, estoppel, or otherwise, any license under the copyrights, trademarks or trademark applications of ThemeKit except for the normal, non-exclusive, limited license to use the Service, ThemeKit and the Resources as expressly set out herein. All other rights expressly reserved.

8.8. The limited license offered by ThemeKit is effectively terminated where the User breaches any of the terms set in this agreement.

USERS UNDERSTAND THAT IF THEY ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE AND/OR WITH THESE TERMS, THEIR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THEMEKIT AND THE SERVICE INCLUDING IT’S FEATURES.

9. License Terms

Grant of License

9.1. ThemeKit grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services. This license is for the sole purpose of letting you use our Services in a way that these Terms allow.

By submitting or providing any Content to ThemeKit to post or distribute on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to ThemeKit a sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and ThemeKit’s business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

9.2. By using the Service, you grant ThemeKit the rights to sell, license, distribute, copy and otherwise, to the extent necessary for this Agreement, exploit and alter the Content by all means and media (whether now known or existing in the future) through any and all distribution partners now available and operational and also the right to sublicense or otherwise transfer, all such rights to distributors.

9.3. Exclusive right to make new packages or single out certain Contents to include in other packages, without limitation, in any other similar Content for sale by downloading, or similar means of exploitation as well as the right to sublicense or otherwise transfer, all such rights to ThemeKit.

9.4. You also grant to ThemeKit the following rights:

(a) The non-exclusive right to use User’s name(s), profiles, likenesses, Contents, biographical and other information attributable to the User (such as information from User’s Sign Up Form) which you have submitted to ThemeKit.

(b) The right for ThemeKit to sublicense or otherwise transfer the above rights to any and all ThemeKit partners.

(d) The right to freely assign, distribute or integrate the Service, including the Content and/or designs including but not limited to by way of allowing it to be used by anyone or third party applications, software, products and Services.

10. Our Proprietary Rights

10.1. Except for your Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, custom assets, graphics, illustrations, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and Content belonging to other users, and all intellectual property rights related thereto, are the exclusive property of ThemeKit. Please note, all logos, marks and photos belong to respective owners and are not the property of ThemeKit.

10.2. Except as explicitly provided herein, nothing in these Terms of Services shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Content belonging to ThemeKit. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.

11. Relationship

11.1. ThemeKit and Users will remain independent of each other. The relationship between ThemeKit and Users are strictly independent and nothing in these Terms of Service will in any way constitute or be construed as evidence of intent to establish any association, partnership, joint venture, agency employment, company or any other relationship.

11.2. Each party will be responsible for covering their respective costs and expenses in performing their duties under these Terms of Service, unless expressly provided otherwise herein. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of these Terms of Service and the remainder of these Terms of Service will continue in full force and effect.

12. Pricing and Membership

12.1. We may offer certain portions of our Services at no charge and others for a one-time fee or on a subscription basis or under any other lawful pricing structure. In addition, unless we specifically tell you otherwise, the use of any of our paid Services does not transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless we specifically tell you otherwise, the use of our mobile applications are limited to the relevant device and/or operating system you are using at the time you purchase a license to use the application.

12.2. Users understand and agree that they may be required to pay for certain locked items and locked features if they login with a different Apple ID. Users understand that their purchases are associated with their Apple ID and thus will not be able to access locked content if they are signed with a different Apple ID which was not used to make that original in-app purchase.

12.3. There are two subscription options that we currently offer: monthly and yearly unlimited access memberships. Both subscriptions offer the same perks but renew after a different period of time. Unlimited monthly or yearly membership offer access to all content, features and removes ads for you to enjoy. You can cancel at any time. You will be able to access unlimited content for the duration of your subscription. Payment will be charged to your iTunes Account upon confirmation of purchase. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that content. We may introduce new pricing tiers. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s iTunes Account settings after purchase. Subscription automatically renews unless auto- renewal is turned off at least 24 hours before the end of the current period at the cost of the chosen subscription (monthly or yearly). Pricing for other countries may vary and actual charges may be converted depending on the country of residence. The prices are equal to “Apple’s App Store Matrix” which determines the equivalent of the subscription price in USD.

13. Responsibilities of Users

13.1. Users shall use the Service on their own responsibility and at their expense and remain responsible for any acts and results thereof associated with their use of the Service, including, but not limited to, corresponding to any third party claims, demands, and/or lawsuits or the like at their own expense and responsibility. ThemeKit’s review, approval or selection of the Contents will not relieve the User’s of any of responsibilities hereunder.

13.2. ThemeKit may take measures that it considers necessary and appropriate, if ThemeKit believes that a User is using the Service in a way which violates the Terms of Service. However, ThemeKit shall not be responsible for correcting or preventing such violation.

13.3. In the case where ThemeKit has suffered any loss or damage or has been charged an expense (including but not limited to lawyer’s fees) directly or indirectly (including but not limited to cases where ThemeKit has been sued for damages by a third party) due to a User’s use of the Service, the User shall immediately compensate ThemeKit in accordance with ThemeKit’s request.

14. Our Obligations

14.1. ThemeKit will take reasonable measures to ensure that the service is available to the user but because the service is provided by means of computer and telecommunications systems, ThemeKit makes no warranties that the Service will be working at all times, without any interruptions or will be error-free and ThemeKit will not be liable for interruptions of the Service or downtime.

14.2. Any use of ThemeKit or the Service is at the User’s own risk and they are provided ‘as is’ and ‘as available’. No warranties are made of any kind. ThemeKit disclaims all warranties, express or implied, including any warranties of merchantability, fitness for any purpose or non-infringement of intellectual property. ThemeKit makes no representations, guarantees or warrantees as to the quality, accuracy, suitability, truth or completeness of any portion of ThemeKit or any material or information made available through ThemeKit or the Service.

14.3. ThemeKit reserves the right, at its sole discretion, to change, revise, replace, remove or make any other modification to the Service.

14.4. ThemeKit does not guarantee that in-app purchases made by a user or purchases available for download will remain available for any period of time.

14.5. You understand that ThemeKit accepts no responsibility for any data loss or corruption.

14.6. ThemeKit makes no guarantee that the service will operate in any certain way or on any particular platform, software, browser, or hardware.

14.7. The user is solely responsible for any damage to computer hardware or software or loss of data that occurs as a result of or during the use of ThemeKit or the Service regardless of fault, including damage or loss due to viruses, Trojans or other malware.

14.8. ThemeKit may scan, access, use, monitor, disclose or preserve information associated with your use of ThemeKit (including, without limitation, “User-Generated Content”) as is necessary, in ThemeKit’s discretion, (a) to comply with applicable law or to respond to legal process from competent authorities; (b) to enforce this Agreement or protect the rights of ThemeKit, its customers, or

the public; (c) to help prevent a loss of life or serious physical injury to anyone; (d) to prevent potentially illegal or offensive activities; and (e) to provide and improve features of ThemeKit or the Service.

14.9. ThemeKit respects intellectual property rights and copyrights. Where ThemeKit is notified of a claimed infringement, ThemeKit will expeditiously remove or disable access to the allegedly infringing content. Any notifications of claimed copyright should be sent from the contact us page within ThemeKit or directly from our website Contact form.

15. User Restrictions

15.1. Users understand that they must not provide their account password to any other person.

15.2. Users understand that they must not access ThemeKit or the Service through any other person’s username and password.

15.3. Users will not misrepresent the source, identity of the content transmitted or made available through ThemeKit or the Service.

15.4. Users will not intentionally interfere with or cause damage to the operation of ThemeKit or the Service or any User’s enjoyment of them, by any means.

15.5. Users will not attempt to gain unauthorised access to ThemeKit or the Service, or any part of it, other accounts, computer systems or networks connected to ThemeKit or the Service, any part of it, through hacking, password mining or any other means or interfere with the proper working of ThemeKit or the Service, or any activities conducted on ThemeKit or the Service.

15.6. Users will not make derivative works to any content or the identifiers on content without first obtaining the permission of ThemeKit. Users will not alter headers or otherwise remove watermarks outside of ThemeKit to disguise the origin of the content.

15.7. Users will not infringe any intellectual property or other proprietary rights of any party.

15.8. Users will not upload, post, email, transmit or otherwise make available any content that they do not have the right to make available under any law or under contractual or fiduciary relationships.

15.9. Users will not upload, post, email, transmit or otherwise publish any content that contains constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “contests”, “sweepstakes” or any other form of solicitation.

15.10. Users will not upload, post, email, transmit or otherwise publish any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

15.11. Users will not create, upload, post, email, transmit or otherwise publish any content that is unlawful, harmful, threatening, abusive, harassing, tortious, excessive violent, defamatory, vulgar, obscene, pornographic, libelous, invasive, of another’s privacy, hateful, or racially, ethically or otherwise objectionable.

15.12. Users will not create, upload, post, email, transmit or otherwise publish any content that in the sole judgment of ThemeKit, is objectionable or which restricts or inhibits any other person from using or enjoying ThemeKit or the Service, or which may expose ThemeKit or its Users to any harm or liability of any type.

15.13. Users will not interfere with or disrupt ThemeKit, the Service or servers or networks connected to ThemeKit, or disobey any requirements, procedures, policies or regulations of networks connected to ThemeKit or the Service.

15.14. Users will not violate any applicable local, state, national or international law, or any regulations having the force of law.

15.15. Users will not impersonate any person or entity, including (but not limited to) a ThemeKit employee, owner, or misrepresent my affiliation with a person or entity or collect or keep personal information about other users in connection with the prohibited conduct.

15.16. Users will not solicit personal information from anyone under the age of 18.

15.17. Users will not harvest or collect email addresses or other contact information of other users from the service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.

15.18. Users will not advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorised.

15.19. Users will not further or promote any criminal activity or enterprise or provide instructional information about illegal activities.

15.20. Users will not obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided through ThemeKit or the Service.

15.21. Users will not publish, copy, modify, adapt, translate, create a derivative work of ThemeKit or the Service, decompile, dissemble all or a portion of ThemeKit or the Service, or reverse engineer, reverse assemble or otherwise attempt to discover any source code, lease, rent, sell, assign, sublicense, or otherwise transfer any right in the software of ThemeKit or the Service.

15.22. Users will not encourage or permit others to use ThemeKit, the Service and the Resources to create content for any purpose that is unlawful or prohibited by these terms.

16. Updates and Notifications

16.1. Users acknowledge and agree that some devices may be configured to automatically receive updates. If you enable such an auto-update feature on your device, updates to ThemeKit may be automatically downloaded and installed on your device. Updates may be used to deliver features and services (including software, content, and data) and may be required for you to fully enjoy all features of ThemeKit or for continued access to and use of ThemeKit or the Service.

16.2. You acknowledge and agree that you may also receive notifications. You may turn off notifications by going to your device settings. This may however impact your experience and ability to enjoy all features of ThemeKit.

17. Third-Party Links

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by ThemeKit. ThemeKit does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that these Terms of Service and the Privacy Policy do not apply to your use of such sites. You expressly relieve ThemeKit from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that ThemeKit shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

18. Termination and Refunds

18.1. Users understand that their account may be terminated at any time and without prior notice. They understand that ThemeKit may terminate a User’s access to and use of ThemeKit and the Service, at their sole discretion, at any time and without prior notice.

18.2. Where ThemeKit determines that a User has breached any of the terms set out in this agreement, it may without any prior notice terminate or suspend their access to ThemeKit, the Service and/or their account.

18.3. Users understand that when their account or access to and use of the service is terminated, discontinued, withdrawn or cancelled, all provisions of these terms will continue to be valid and enforceable in accordance with their terms.

18.4. Users may cancel their account or access to ThemeKit or the Service at any time by deleting ThemeKit. Upon any termination, discontinuation or cancellation of the Service or their Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

18.5. Refunds for any purchases made through ThemeKit or the Service will be granted at the discretion of ThemeKit. Except as otherwise permitted by ThemeKit, in-app purchases are not returnable or not refundable and cannot be transferred.

USERS ACKNOWLEDGE THAT ThemeKit IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT USERS WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN THEY CLOSE THEIR ACCOUNT OR WHEN YOU CEASE TO USE THE SERVICE OR ThemeKit.

18.5. If Users believe that they are entitled to a refund, they should request a refund by submitting an email or message through ThemeKit Contact page or via our website Contact form. ThemeKit will assess their refund request and inform them of their decision.

19. No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ThemeKit, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

ThemeKit DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH ThemeKit OWNED SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ThemeKit WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

20. Limitation of Liability

20.1. ThemeKit does not expressly or impliedly guarantee that the Service (including the Program) are free from any de facto or de jure defects (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for particular purposes, security-related faults, errors, bugs, or infringements of rights). ThemeKit shall not be responsible for providing the Service to Users without such defects.

20.2. ThemeKit shall not be liable for any damages incurred by Users in relation to the use of the Service, including, but not limited to, any measures taken by ThemeKit in accordance with Terms of Service.

20.3. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, (1) IN NO EVENT WILL ThemeKit BE LIABLE HEREUNDER FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE), INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR WILL ANY OF OUR PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD PARTY.

20.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ThemeKit ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF ThemeKit FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION TO THE SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED AUSTRALIAN DOLLARS ($100). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

20.5. ThemeKit and any affiliated party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the User and (ii) the work produced by the User.

20.6. User will indemnify ThemeKit against any loss or liability to ThemeKit arising from others making any claims against ThemeKit in respect of the ownership of, or rights to use intellectual property User uses, develops, creates or provides to ThemeKit.

20.7. The User must indemnify and keep indemnified ThemeKit and its officers, employees and agents (“those indemnified”), from and against all actions, proceedings, claims, demands, costs, losses, damages and expenses (including reasonable legal costs and expenses), which may be brought against, made upon, or suffered or incurred by any of those indemnified arising directly or indirectly as a result of or in connection with any infringement or alleged infringement of any intellectual property rights (including Moral Rights) by the User or any of its officers, employees, agents and/or sub-contractors in connection with the provision, supply or use of the Content provided to ThemeKit.

IN NO EVENT SHALL ThemeKit BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE APPLICATION, APPLE OR GOOGLE TECHNICAL RELATED ISSUES, SERVER ISSUES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF ThemeKit. IN NO EVENT WILL ThemeKit BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR MARKETING FEE OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT ThemeKit HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.

21. Disclaimers

THE SERVICE AND INFORMATION PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED TO USERS “AS IS”. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ThemeKit EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ThemeKit DO NOT WARRANT THAT THE SERVICE WILL MEET USER’S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE, WILL BE COMPLETELY ERROR- FREE OR UNINTERRUPTED.

22. Confidentiality

By using the Service you agree that you may acquire certain proprietary and confidential information (collectively, “Confidential Information”). You agree to keep Confidential Information confidential and to not disclose Confidential Information to any third party other than representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep such information confidential. This provision includes any materials exchanged in arbitration, except to the extent necessary to enforce an arbitral award.

23. Notification and Contact

23.1.When notifying or contacting Users regarding the Service, ThemeKit may use a method that ThemeKit considers appropriate, including posting on the website operated by ThemeKit or emailing the User directly.

23.2. To contact ThemeKit regarding the Service, Users shall use the Contact inquiry form available on the website or “Feedback” page via the ThemeKit application operated by ThemeKit or by emailing ThemeKit directly or other means designated by ThemeKit. Our email is themekit.studio@gmail.com.

24. General

24.1. These terms constitute the entire agreement between ThemeKit and the User pertaining to the subject matter in this agreement and supersedes all prior and contemporaneous agreements, representations, and understandings between the parties.

24.2. Users must not assign or transfer these Terms of Service or any of their rights, interests or obligations under these terms by operation of law or otherwise, without ThemeKit’s written consent. Any attempt by the User to transfer or assign these terms, without ThemeKit’s consent, will have no force and shall be deemed void with no effect, wholly invalid. ThemeKit may freely assign or transfer these terms without restriction.

24.3. Users agree and consent for ThemeKit to transfer by novation all the rights, liabilities, duties and obligations under this Terms of Service and in respect of each transaction without their prior written consent to another party.

24.4. ThemeKit’s failure to enforce any right or provision of these terms will not be considered a waiver of those rights.

24.5. ThemeKit disclaims any or all liability for interruption or suspension of the availability of ThemeKit, the Service, the Resources, websites and/or in-app purchases made by the user.

24.6. ThemeKit expressively disclaims any and all liability associated with the purchase, download and/or use of content made available through ThemeKit or the Service which, for example, infringes any third party intellectual property rights or copyrights.

24.7. Under no circumstances will ThemeKit be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.

24.8. Users agree to indemnify ThemeKit in respect of any claims, actions, damages, losses, liabilities, costs, charges, expenses or payments of any kind or nature whatsoever made against ThemeKit by any third party due to or arising out of or in connection with your use of ThemeKit or the Service.

24.9. Users agree to indemnify ThemeKit of liability for any damages whatsoever (including, without limitation, direct or indirect damages, consequential damages, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use ThemeKit or the Service even if ThemeKit has been advised of such damages.

IN ANY CASE, ThemeKit’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO ThemeKit IS LIMITED TO THE AMOUNT OF $100 AUSTRALIAN DOLLARS. IF A LAW RESTRICTS T ThemeKit’S ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO THE USER. IN THAT CASE, ThemeKit LIMITS THEIR LIABILITY AND DISCLAIMS WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.

24.10. Users agree that all matters relating to your access to or use of ThemeKit or the service, including all disputes, is to be governed by and construed in accordance with the laws of the Commonwealth of Australia. You agree to submit to the exclusive jurisdiction and venue of the state and federal courts located within the State of New South Wales with respect to any litigation arising out of the breach or enforcement of these terms.

24.11. As used in these terms, the word “including” means “including but not limited to.”

25. Governing Law and Jurisdiction

The Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth of Australia. Any disputes between Users and ThemeKit

shall be subject to the exclusive jurisdiction and venue of the state and federal courts located within the State of New South Wales with respect to any litigation relating to the Service or arising out of the breach or enforcement of these terms.

26. Severability

Where any provision of this Terms of Service is invalid or not enforceable in accordance with its terms, other provisions of the Terms of Service which are self-sustaining and capable of separate enforcement are, and continue to be, valid and enforceable in accordance with their terms.