Last updated: January 2, 2025
These Terms and Conditions ("Terms", "Terms and Conditions") govern your use of the webTuyo website builder (the "Software"). The intellectual property rights of the Software are owned by Fabio Serra ("IP Owner").
Please read these Terms and Conditions carefully before using the Software.
Your access to and use of the Software is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Software.
By accessing, using, purchasing, or downloading webTuyo code, you ("User") agree to the following Terms and Conditions. If you do not agree with these terms, do not purchase or use the Software.
1.1 WebTuyo is the intellectual property of Fabio Serra, referred to in this agreement as the "IP Owner".
1.2 The IP Owner reserves the right to transfer ownership of the intellectual property to another party or entity at any time without prior notice to the User. In the event of a transfer, the rights and obligations under these Terms and Conditions will apply to the new IP Owner.
1.3 Unauthorized use of the Software, including reproduction, distribution, or modification, is prohibited and may result in legal action.
2.1 The Software is sold through a Merchant of Record ("MOR"), which manages all payment transactions and related invoicing.
2.2 Any payment disputes must be addressed directly with the MOR.
3.1 Upon purchase, the IP Owner grants the User a non-exclusive, non-transferable, and revocable license to use the Software solely on the domain specified during the purchase process ("Licensed Domain").
3.2 The license is valid only for the Licensed Domain provided by the User at the time of purchase.
• If the Licensed Domain is a root domain (e.g., yourwebsite.com), the license is valid only for that root domain and its ‘www.’ subdomain (e.g. www.yourwebsite.com subdomain).
• If the Licensed Domain is a subdomain (e.g., store.yourwebsite.com), the license is valid only for that subdomain.
• For additional subdomains such as blog.yourwebsite.com or shop.yourwebsite.com, a separate license must be purchased.
• Changing the Licensed Domain after purchase requires the purchase of a new license.
3.3 Users can try the product for free on the webTuyo website. However, during the trial:
• No code will be provided.
• The User cannot host the website on their hosting provider.
• The User cannot link it to a specific web domain.
4.1 The Software may not be copied, distributed, resold, rented, leased, or otherwise transferred in any case.
4.2 Reverse engineering, decompiling, or disassembling the Software is strictly prohibited.
4.3 Use of the Software for any illegal or unauthorized purpose is strictly prohibited.
5.1 All purchases are final. No refunds or exchanges will be provided once the license is purchased and activated.
5.2 By completing the purchase, the User agrees that the license is tied to the specified Licensed Domain and cannot be transferred or altered.
5.3 The License is sold through a Merchant of Record. Any payment disputes should be directed to the MOR.
6.1 The license is activated for the Licensed Domain specified at the time of purchase.
6.2 The User is solely responsible for ensuring the correctness of the domain information provided during purchase.
6.3 Requests to modify the Licensed Domain after activation will not be honored.
7.1 The license includes updates to the Software for one year from the date of purchase. Continued updates beyond this period may require an additional fee.
8.1 The Software is provided "as is", without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement. The Software may contain third-party software, and the IP Owner disclaims all warranties and responsibilities for both the Software and any third-party software included or integrated.
8.2 The IP Owner does not guarantee uninterrupted or error-free operation of the Software.
9.1 In no event shall the IP Owner be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to the use of the Software, including but not limited to any damages related to cybersecurity breaches or vulnerabilities.
9.2 The User acknowledges and agrees that their use of the Software is at their own risk. The IP Owner assumes no responsibility for any loss of data, profits, or other damages. Additionally, the IP Owner shall not be liable for any claims, damages, or liabilities arising from the actions of third parties who visit or interact with websites created using the Software.
10.1 Please review our Privacy Policy. By using the Software, you agree to the collection, use, and storage of your data as outlined in the Privacy Policy.
11.1 The User agree not to:
• Use the Software as part of any effort to compete with webTuyo.
• Reverse engineer, decompile, disassemble, or tamper with the Software or its components.
• Attempt to bypass any measures designed to restrict access to the Software..
• Copy, adapt, or replicate the Software’s code, including HTML, CSS, JavaScript, or other components.
• Delete or modify copyright notices or proprietary rights from any part of the Software.
12.1 The IP Owner reserves the right to modify, remove, or discontinue any aspect of the Software or its website without notice.
12.2 The IP Owner is not responsible for interruptions in the availability of the Software due to technical issues, maintenance, or other factors.
13.1 This agreement shall be governed by and construed in accordance with the laws of the European Union, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
14.1 The IP Owner reserves the right to amend these Terms and Conditions at any time. Updated terms will be posted on 'webTuyo.com' or 'www.webTuyo.com'. Continued use of the Software constitutes acceptance of the updated terms.
15.1 The Software may integrate or be compatible with third-party software, services, plugins, or tools. The User acknowledges and agrees that the IP Owner is not responsible for the functionality, accuracy, or reliability of these third-party services.
15.2 Use of any third-party software, services or integrations may be subject to additional terms and conditions, which the User must comply with.
15.3 The IP Owner shall not be liable for any issues or damages arising from or related to third-party services or integrations.
16.1 The IP Owner reserves the right to terminate or suspend the User’s license at any time, with or without notice, if the User violates these Terms and Conditions or engages in any activity deemed harmful or unlawful.
16.2 Upon termination, the User must cease all use of the Software and destroy any copies of the Software in their possession.
16.3 In the event of termination due to violation of these Terms, the User is not entitled to any refund or compensation.
17.1 The User agrees to defend, indemnify, and hold harmless the IP Owner, its affiliates, and its respective officers, agents, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:
• The User’s use of and access to the Software.
• The User’s violation of any term of these Terms and Conditions.
• The User’s violation of any third-party right, including without limitation any intellectual property, privacy, or proprietary right.
18.1 If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permissible by law.
19.1 No waiver of any term or condition herein shall be deemed a further or continuing waiver of such term or any other term, and the IP Owner’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
20.1 These Terms and Conditions, along with the Privacy Policy and any additional agreements or guidelines referenced herein, constitute the entire agreement between the User and the IP Owner regarding the Software. They supersede all prior or contemporaneous oral or written agreements, understandings, or communications.
21.1 The User may not assign or transfer these Terms and Conditions or the license granted hereunder, in whole or in part, without the prior written consent of the IP Owner.
21.2 The IP Owner reserves the right to assign or transfer its rights and obligations under these Terms and Conditions, in whole or in part, to any third party at its sole discretion.
For questions: [email protected]
By purchasing or using the Software, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.