Terms of Service
Last updated March 6, 2024
We (BoilerplateHQ) provide a comprehensive suite of development resources, including Templates, Modules, Components, and Functions, designed to accelerate project creation and enhance product quality. By accessing or using our products and services, you agree to be bound by these Terms of Service ('ToS') and any additional terms applicable to certain products or services. Please read these terms carefully before using our services as they describe the rules and guidelines for using our website, tools, and services.
Definitions
- Templates are comprehensive project frameworks provided under the Standard License, designed as a starting point for web applications.
- Modules consist of distinct functionalities under the Standard License, intended for integration into existing projects to extend their capabilities.
- Components refer to ready-to-use UI elements available for immediate access and use, distributed under either MIT License or The Standard License, as marked on the respective components page.
- Functions denote a collection of utility functions addressing common programming tasks, distributed under either MIT License or The Standard License, as marked on the respective components page.
User Accounts
To access certain products and Services, such as products under The Standard License, users are required to create an account on BoilerplateHQ using our user management tool (Clerk.com) and GitHub as the OAuth-provider. Account creation necessitates providing accurate, complete, and current information through GitHub OAuth, in order, if purchased and as applicable, to provide programmatic access to the products through GitHub. Failure to do so constitutes a breach of these terms, which may result in immediate termination of your account.
Payment & Refunds
Payment Provider:All payments are processed through Stripe, a third-party payment processor. Payment processing is subject to ourPrivacy Policy. BoilerplateHQ itself, does not store any payment information on the servers.
Refund Policy:Due to the nature of digital products, we do not offer refunds for any of our products and Services. All sales are final. If you are unsure about a product, please contact us before making a purchase.
Right to Refuse:We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or Service availability, errors in the description or price of the product or Service, error in your order or other reasons. We further reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. This right may be exercised whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the purchase.
Prohibited Use
You may not use our products and Services for any illegal or unauthorised purposes. Do not violate your or our local laws including copyright and trademark laws. Prohibited activities explicitly include reproducing, duplicating, copying, selling, reselling, compliation, repackaging, dissemination or exploiting any portion of our Services (including the results of the Services), as well as accessing or consuming them through means not provided by us (e.g. scraping content or automated scripts), sharing portions of our Services (explicitly including results produced by our Services that are behind a paywall) in any medium and way with anyone not having the same access to that portion of our Services, without explicit written permisson from us. Prohibited activities further include high-volume use of our Services and non-purposeful use of our Services. Further, prohibited activities include using our Services in a way that has the potential to: harass, abuse, insult, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability as well as every other protected characteristic protected by law. In case you perform any of the prohibited activities, we may immediately terminate your access to our Services - including your need to discontinue using any part of the Services, which we cannot end from our side, and in our sole descretion, without any refund.
User Representation
By using our Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these ToS; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means.
License to Use
In Short: You may use our products and Services for your projects under the terms of the license you purchased. BoilerplateHQ grants you a non-exclusive, non-transferable, limited license to use the products and Services for your personal or commercial projects under the terms of the license you purchased. You may not use our products and Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). Please find more information about the underlying licenses in the respective license files of the products and Services, on the respective product pages, and on the license page of our website.
Intellectual Property Rights
In Short: All products and Services provided by BoilerplateHQ, including text, graphics, logos, and software code, are owned by BoilerplateHQ or its licensors and are protected by copyright and international copyright laws. The use of our products and Services does not transfer any intellectual property rights to the user.
Disclaimers & Warranties & Indemnification
AS IS:All products and Services provided by BoilerplateHQ are offered "as is" and "as available" without any warranty of any kind, either express or implied. While we strive to provide high-quality, functional components, templates, modules, and functions, BoilerplateHQ does not guarantee that the products or Services will meet your requirements or expectations. We make no representations concerning the accuracy, likely results, reliability, or any other aspect of the materials on our website or otherwise related to such materials or on any sites linked to this site.
No Guarantees for Error-Free Code:BoilerplateHQ makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights. Further, BoilerplateHQ does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site. Users are encouraged to review the code and ensure it meets their project requirements and standards before implementation.
Limitation of Liability:In no event shall BoilerplateHQ or its affiliates be liable to you or any third party for any damages (including, without limitation, DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES) arising out of the use or inability to use the products and Services provided, even if BoilerplateHQ or a BoilerplateHQ authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. Notwithstanding anything to the contrary contained herein, BoilerplateHQ's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to BoilerplateHQ for the Services during the term of your use of the Services.
Other Warrenties:The statutory warranty provisions as contemplated under § 600 BGB shall apply to the no-charge functions of the Platform or in the event of their no-charge transfer. With respect to the fee-based Services, in the event of any defects §§ 536 et seqq. BGB as well as provisions (a) through (d) below shall apply: (a) The no-fault liability for incipient defects as contemplated by § 563a para. 1, 1 variation BGB, shall be precluded. The no-fault liability of us shall continue in existence. In the event determination is made that we are culpable, it shall be acknowledged by you that the Services as factual matter cannot be created in a fully error-free manner. (b) The remediation of any defects shall be effected, at our sole descretion, either by subsequent improvement at no charge or by a replacement delivery. (c) Your termination in accordance with § 543 para. 2 sent. 1 no. 1 BGB due to non-granting of the use as contemplated by the contract shall be permissible only if we were given sufficient opportunity to eliminate the defect and such has failed. (d) We shall assume no warranty for your internet access, including, but not limited to, the availability and dimensioning of the internet access.
Indemnification:You agree to defend, indemnify and hold BoilerplateHQ harmless, including our affiliates, subsidiary, parent companies, employees, contractors, officers, directors, and its licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a. your use and access of the Service, by you or any person using your account and password; b. a breach of these ToS, or c. your violation of any third-party right, including without limitation any copyright.
Miscelleaneous Provisions
Privacy:Your submission of personal information through the website is governed by our Privacy Policy.
Governing Law:These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Germany.
Contact
For any questions about these ToS, please contact us at support@boilerplatehq.com.