Terms of Service

DATED 2008-10-08 · VERSION 20230924_rev01 · COMPARED WITH 20230802_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20230802_rev01 to 20230924_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

 For a separate monthly fee, we have created Divi Teams which allows you, the Client, to purchase "seats" and to set up roles and permissions for team members and your End Users to use Divi and Divi Cloud for your projects. In addition, all authorized Divi Team users will have access to standard Support and other resources provided by Elegant Themes. All billing for Divi Team will be handled through a centralized Master Account for you. You are responsible for all charges made by authorized Divi Team users.
 **Divi Hosting**
 We partnered with hosting companies that we trust based on personal experience. We tested Divi on tons of different hosts and sought out the best of the bunch to create hosting packages that work well with Divi. All hosting is provided by third parties, which are responsible for the hosting services provided.
+**Divi AI**
+We have partnered with leading AI companies to allow you to generate written content and images using artificial intelligence. You will be granted a limited, revocable, non-exclusive license to generate a limited amount of content and images for free with the ability to upgrade to a premium product for additional content and images.
 ### Marketplace
 Elegant Themes offers third-parties an opportunity to use third-party designed products with our themes via Elegant Themes's Marketplace.
 **Terms For Marketplace Customers:**
 - 4\. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
 - 5\. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
 - 6\. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
 ### Acceptable Use Policy
+The following is a partial list of the kinds of activities that are prohibited on or through the Service: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Elegant Themes website or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of our Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service in violation of the law or these Terms of Service.
+The following is a partial list of the kinds of activities that are prohibited on or through the Service: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Elegant Themes website or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that in our opinion imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of our Licensors or Suppliers which may result in throttling or limitation of access to our Service. In addition, you covenant and represent that you will not use the Service in violation of the law or these Terms of Service.
 ### Forums
 The Service may offer forums, blogs, comments areas, bulletin boards and chat rooms (collectively, "Forums") that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. Elegant Themes does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold Elegant Themes responsible for any third-party's use of information contained in such posting. To maintain a positive, creative environment in which Users may share and display Materials, we ask that you only use the Service in a manner that is consistent with our **Acceptable Use Policy**.
 You agree not to use usernames or Forum titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or the title of your Forum at any time and for any reason in our sole discretion.
+### Use of AI
+In connection with your use of Divi AI, we make no representation or warranty about the content or images that may be generated or your ability to use and distribute such images or content. Content that is generated by artificial intelligence may not be protected by copyright. We take no responsibility and assume no liability for any content that you generate, post, send, or otherwise make available from using the Services. Specifically, we assume no liability for copyright infringement. You shall be solely responsible for your content and the consequences of posting, publishing it, sharing it, or otherwise making it available, and you agree that we are only acting as a passive conduit for your online creation of your content. You understand and agree that you may be exposed to content that is not accurate, may be objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege or might incur as a result of or relating to any content created using the Service.
 ### Use of Third-Party Services
 As a part of our Service, we may offer links to hosting providers and websites operated by various third-parties and are not responsible or liable for any acts or omissions created or performed by these third-parties. We provide such links for your convenience and reference only. Elegant Themes does not operate or control in any way any information, software, products or services available on such websites. Our inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
 ### Representations and Warranties and Indemnification
 All contents of the Service are copyrighted © 2023 Elegant Themes, LLC. All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Elegant Themes, Inc. Other product and company names may be trademarks or service marks of their respective owners.
 IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.
 ### Terms History
+Modified Date: August 9, 2023
 Modified Date: December 8, 2021
 Modified Date: October 27, 2021
 Modified Date: April 19, 2021
 Modified Date: November 15, 2020
 Modified Date: January 24, 2018