Last revised: 2025-04-12 09:41:26

1. Overview

This Universal Terms of Service Agreement (the “Agreement”) sets forth the general terms and conditions of your use of the website, services, and products made available by The Divi Club (“we,” “us,” or “our”). This Agreement constitutes a legally binding contract between you (“you,” “your,” or “User”) and The Divi Club, governing your access to and use of our Services.

By purchasing a subscription, accessing our website, or downloading any product, you acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement, as well as any additional guidelines, policies, or agreements that may be posted and incorporated by reference. If you do not agree to be bound by this Agreement, you must not access or use our Services.

We may, at any time and without prior notice, modify or update this Agreement. Such modifications shall be effective immediately upon being posted on our website. It is your responsibility to review this Agreement periodically to ensure that you remain informed of any changes. Your continued use of the Services after any modifications are posted constitutes acceptance of the revised Agreement.

This Agreement incorporates, by reference, our Privacy Policy and any other supplemental policies applicable to the Services, all of which collectively govern your use of The Divi Club.

2. Definitions

For the purposes of this Agreement, the following terms shall have the meanings set forth below:

• “Services”: The subscription-based access provided by The Divi Club to download, install, and use a library of Divi-related themes, plugins, and extensions, as well as support and updates as further described herein.
• “Products”: The individual themes, plugins, extensions, templates, or other digital assets offered for download by The Divi Club, all of which are distributed under the GNU General Public License (GPL).
• “User”: Any individual or entity who accesses, subscribes to, downloads, or uses the Services.
• “Subscription”: A Yearly or Lifetime plan purchased by a User, granting access to the Services under the terms specified herein.
• “Yearly Subscription”: A subscription granting access to all Products, updates, and support for twelve (12) months from the date of purchase, with automatic renewal unless cancelled.
• “Lifetime Subscription”: A subscription granting permanent access to all current Products, updates, and support for the lifetime of the Services.
• “Basic Support”: Limited support services consisting solely of guidance, instructions, and clarification regarding the installation and general use of Products.
• “GPL”: The GNU General Public License under which all Products are distributed, permitting free use, modification, and redistribution of code.
• “Refund Policy”: The conditions under which Users may request refunds, as defined in Section 7.
• “Privacy Policy”: The supplemental policy governing how we collect, use, store, and process personal data in compliance with European data protection laws.

3. Eligibility and Account Responsibilities

To use our Services, you must be at least eighteen (18) years of age or the age of legal majority in your jurisdiction. By using the Services, you represent and warrant that you have the legal capacity to enter into this Agreement.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You agree to provide accurate and complete information when creating or updating your account and to promptly update such information as necessary.

You may not use our Services for any illegal or unauthorized purpose, including but not limited to infringement of intellectual property rights, unauthorized distribution of our Products outside the scope of GPL, or attempts to circumvent subscription or access controls.

We reserve the right to suspend, restrict, or terminate your account if we reasonably believe you are in violation of this Agreement or engaging in abusive, fraudulent, or harmful conduct.

4. Description of Services

The Divi Club provides Users with access to a library of Divi-related plugins, themes, and other Products, all distributed under the GNU General Public License (GPL). Our Services include:

1. Product Access: Unlimited downloads of available Products for the duration of your active Subscription.
2. Product Updates: Access to updated versions of Products during the active Subscription term. Updates may include enhancements, compatibility improvements, or security patches.
3. Basic Support: Limited assistance in the form of usage guidance, installation instructions, and product documentation. Support is provided exclusively via email.

The Divi Club functions solely as a distribution platform. We are not the original developers of the Products and, therefore, cannot guarantee functionality, compatibility with third-party plugins or themes, or resolution of bugs and defects. Our role is limited to providing access to Products and facilitating support to the extent described above.

The scope of our Services may change, expand, or contract at any time without prior notice. By using the Services, you acknowledge that product availability, updates, and features may be modified, discontinued, or replaced at our sole discretion.

5. Subscription Plans and Renewal Terms

The Divi Club offers two primary subscription models:

5.1 Yearly Subscription

The Yearly Subscription grants Users access to all available Products, updates, and Basic Support for a period of twelve (12) months from the date of purchase. Yearly Subscriptions automatically renew at the end of each term unless cancelled prior to the renewal date.

Renewals are billed automatically to the payment method on file. It is your responsibility to ensure that your payment method remains valid and to manage your Subscription through your account settings or by contacting us directly at support@thedivi.club.

Payments for automatic renewals are non-refundable. If you do not wish to continue with the Service, you must cancel prior to the renewal date. Failure to cancel will result in automatic renewal and charge for the subsequent term.

5.2 Lifetime Subscription

The Lifetime Subscription provides Users with permanent access to all Products available at the time of purchase, as well as future updates and Basic Support, for the lifetime of The Divi Club’s Services.

Lifetime Subscriptions are a one-time payment and are strictly non-refundable under any circumstances. The Lifetime Subscription is contingent upon the continued operation of The Divi Club. Should the Service be discontinued, no refunds or prorated credits shall be provided to Lifetime Subscribers.

5.3 Modifications and Discontinuation of Service

We reserve the right to modify, suspend, or discontinue our Services at any time, without prior notice. In such cases:

• Yearly Subscribers may be eligible for a pro-rated refund for the unused portion of their subscription.
• Lifetime Subscribers shall not be entitled to any refund, credit, or compensation.

6. GPL Licensing and Intellectual Property

All Products offered through The Divi Club are licensed under the GNU General Public License (GPL). This means you are free to use, modify, and redistribute the Products, subject to the terms of the GPL. You may use the Products on an unlimited number of websites, whether personal, client, or commercial, without restriction.

Termination of your Subscription does not revoke your GPL rights. However, you will lose access to updates, support, and new releases if your Subscription is inactive.

While the Products are licensed under GPL, all branding, marketing materials, website content, product descriptions, support articles, and proprietary information published by The Divi Club remain our exclusive intellectual property and may not be copied, redistributed, or used without prior written consent.

7. Refund Policy

7.1 General Money-Back Guarantee

We provide a 30-day money-back guarantee on initial subscription purchases. Refund requests must be submitted within thirty (30) calendar days from the original purchase date. Requests submitted after this period will not be considered.

Refunds are not available for renewals of Yearly Subscriptions or for Lifetime Subscriptions. Only initial Yearly Subscription purchases are eligible for consideration.

7.2 Download Restrictions

Users are not eligible for a refund if they have downloaded three (3) or more unique Products during their Subscription term. Re-downloading the same Product is counted as one download, but each unique Product downloaded counts separately toward this threshold.

7.3 Request Procedure

Refund requests must be submitted by email to support@thedivi.club. Requests sent through other channels will not be processed. Customers must contact The Divi Club directly before initiating any chargeback or PayPal dispute. Refund eligibility will be forfeited if a chargeback is initiated without first allowing us to address the issue.

7.4 Processing Timeline

Approved refunds may take up to fourteen (14) days to process, depending on the payment provider. We make reasonable efforts to issue refunds promptly, but we are not responsible for delays caused by third-party payment processors.

7.5 Non-Refundable Services

The following are strictly non-refundable:

• Renewal payments of Yearly Subscriptions
• Lifetime Subscriptions
• Custom work performed by our support team beyond Basic Support
• Trial Subscriptions converted to paid Subscriptions

8. Support

Basic Support is included with all active Subscriptions and is limited to guidance regarding installation, setup, and general usage of Products. Support does not include troubleshooting bugs or defects within Products, assistance with third-party plugins, or custom development work.

Support is provided exclusively via email at support@thedivi.club. We strive to respond to inquiries in a timely manner; however, response times may vary depending on workload. No specific response time is guaranteed.

Any custom assistance provided at our discretion is outside the scope of Basic Support, may incur additional charges, and is non-refundable.

9. Termination of Services

We may suspend or terminate your account, without prior notice or liability, if we reasonably believe you have violated the terms of this Agreement, engaged in fraudulent or abusive conduct, or otherwise misused the Services.

In addition, we reserve the right to discontinue or terminate the Services entirely. In such cases:

• Yearly Subscribers may receive a pro-rated refund for the unused portion of their subscription.
• Lifetime Subscribers shall not be entitled to any refund.

Termination of Services does not affect your rights under GPL for previously downloaded Products, but it does end your access to updates, support, and future releases.

10. Limitation of Liability

The Divi Club provides the Services “as is” and “as available,” without any warranties of any kind, express or implied. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We are not liable for:

• Service interruptions, downtime, or inaccessibility.
• Bugs, defects, or compatibility issues in Products.
• Data loss, corruption, or unauthorized access.
• Loss of revenue, profits, business opportunities, or goodwill.
• Any indirect, incidental, consequential, or punitive damages arising from your use or inability to use the Services.

Our total liability to you for any claim arising from this Agreement shall not exceed the amount you paid for your Subscription during the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless The Divi Club, its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, or expenses (including attorney’s fees) arising out of your:

• Use of the Services
• Violation of this Agreement
• Infringement of any third-party rights, including intellectual property rights

12. Privacy and Data Protection

We respect your privacy and are committed to protecting your personal data. All personal data collected during the course of providing our Services will be processed in accordance with applicable European data protection laws, including the General Data Protection Regulation (GDPR).

We collect only the data necessary to deliver our Services, such as billing information, account details, and communication history. We do not sell or share your personal data with third parties, except as required by law or as necessary to provide our Services (e.g., payment processors).

Please refer to our separate Privacy Policy for more detailed information about how we collect, store, and process your personal data.

13. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with European law, without regard to its conflict of laws principles.

Any disputes arising under or in connection with this Agreement shall be resolved exclusively by the competent courts within Europe.

14. Severability

If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Entire Agreement

This Agreement, together with the Privacy Policy and any other supplemental policies, constitutes the entire agreement between you and The Divi Club with respect to the Services and supersedes all prior agreements, understandings, or representations.