Effective Date: January 27, 2025

Welcome to WPBay, an online marketplace for WordPress developers to sell and purchase plugins, themes, and related products. By using WPBay’s website, services, or products (collectively referred to as “Services”), you agree to comply with and be bound by the following Terms and Conditions. Please read them carefully before using our Services.

1. Acceptance of Terms

You need to be 16 years or over to browse WPBay. We don’t knowingly collect any information from anyone aged under 16 years. By accessing or using WPBay, you (the “User” or “Developer”) agree to be bound by these Terms and Conditions, including any future modifications. If you do not agree with these Terms, you should not access or use WPBay.

You need to be 18 years or over to become a member or to ‘buy’ (license) items from sellers. If you’re under 18 you will need to get a parent or guardian to buy items or use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.

WPBay reserves the right to update or modify these Terms at any time. Any changes will be posted on this page, and the date of the latest update will be reflected in the “Effective Date” at the top of this page. It is your responsibility to check for any updates.

2. Account Registration

To sell or purchase plugins, themes, or other products on WPBay, you must create an account. By registering, you represent and warrant that all the information you provide is accurate, complete, and up-to-date. You agree to keep your account information confidential and to notify WPBay immediately of any unauthorized use of your account.

Creating an account is free. When you create an account, which will allow you to ‘buy’ (license) items from sellers, participate in our online forums, and generally contribute to our ecosystem. Membership also gives you the opportunity to become a seller.

You are responsible for any activities that occur under your account, whether or not you have authorized them.

You promise that the information you give us is true, accurate and complete and, if you sign up for a WPBay account, that you will keep your account information up-to-date (including a current email address).

If you have a WPBay account, you are responsible for any use of the website including any activity that occurs in conjunction with your username and password, so keep your password secure and don’t let any other person use your username or password. If you realize there’s any unauthorized use of your password or any breach of security you need to let us know immediately. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.

3. Eligibility

To purchase or sell items from our marketplace you need to be at least 18 years old.

To become a seller, you must be a legitimate WordPress developer with a valid email address to register as a Seller on WPBay. By becoming a Seller, you represent that you are the rightful owner or have the necessary rights to sell the WordPress plugins, themes, or products you list on WPBay.

4. Listing and Selling Products

As a Seller, you may list your WordPress plugins, themes, and related products (“Products”) for sale on WPBay. When listing a Product, you agree to provide clear, accurate, and complete descriptions, screenshots, and other relevant information about your Product.

By listing a Product, you grant WPBay a worldwide, royalty-free, non-exclusive license to use, display, and distribute the Product on the platform.

WPBay reserves the right to review, approve, or reject any Products for sale. Products that violate our guidelines or contain malicious code will be removed and may result in the termination of your account.

5. SDK Usage

WPBay offers a Software Development Kit (SDK) to be incorporated into plugins and themes sold on the platform. By using the SDK, you agree to follow all documentation, guidelines, and best practices provided by WPBay. You are solely responsible for ensuring that your Products function properly when integrated with the SDK.

The SDK is provided as-is, and WPBay makes no warranties or representations regarding its performance, suitability for your specific use case, or the consequences of incorporating it into your Product.

6. Revenue and Payments

As a Seller, you will receive a percentage of the sale price for each Product sold on WPBay. The exact revenue share will be disclosed during registration and may vary based on factors such as promotions, sales, and transaction fees.

WPBay will process all payments related to transactions and will distribute earnings to Sellers on a regular basis (e.g., monthly). Sellers are responsible for providing accurate payment information and ensuring that their payment account is up-to-date.

7. Pricing and Taxes

Sellers are free to set their own prices for Products listed on WPBay, but WPBay reserves the right to adjust prices based on promotional activities, discounts, or other considerations.

You are responsible for paying any taxes, duties, or other charges related to the sale of your Products, including income taxes on earnings from the sale of your Products.

8. Intellectual Property

As a seller, you retain full ownership of the intellectual property rights in the Products you list on WPBay, including copyrights and trademarks. However, by listing your Products on WPBay, you grant WPBay a license to use, reproduce, and display your Products on the platform for the purpose of marketing, selling, and distributing the Products.

WPBay reserves the right to remove any Products that infringe on third-party intellectual property rights or violate the platform’s policies.

9. Prohibited Conduct

As a User of WPBay, you agree not to engage in any of the following prohibited activities:

• Uploading, posting, or distributing any content that is illegal, harmful, or violates the rights of others.
• Using the platform to engage in fraud, manipulation, or other unethical practices.
• Misrepresenting your identity or the Products you sell.
• Using automated tools or bots to manipulate search results or engage in other forms of manipulation on the platform.
• Violating any applicable laws or regulations related to the sale of digital products.

WPBay reserves the right to suspend or terminate your account if you engage in any prohibited conduct.

10. Privacy and Data Protection

WPBay is committed to protecting your privacy and personal information. Our Privacy Policy outlines how we collect, use, and protect your information. By using WPBay, you consent to the collection and use of your data in accordance with the Privacy Policy.

11. Disputes and Refunds

In the event of a dispute between Buyers and Sellers, WPBay may offer assistance in resolving the issue. However, WPBay is not responsible for any direct resolution of disputes related to Products.

12. Termination

WPBay reserves the right to suspend or terminate your account if you violate these Terms and Conditions, engage in fraudulent or illegal activities, or for any other reason at our discretion. You may terminate your account at any time by contacting WPBay support.

Upon termination, you will no longer have access to the platform and may lose any earnings or credits associated with your account.

13. Limitation of Liability

WPBay is not liable for any direct, indirect, incidental, special, or consequential damages arising from your use of the platform, including but not limited to lost profits, data loss, or any other losses incurred as a result of transactions or interactions on the platform.

14. Indemnification

You agree to indemnify and hold harmless WPBay, its affiliates, employees, agents, and partners from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the platform, the sale of your Products, or any breach of these Terms and Conditions.

15. Governing Law

These Terms and Conditions will be governed by and construed in accordance with the laws of the jurisdiction in which WPBay is registered. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

16. Contact Us

If you have any questions or concerns about these Terms and Conditions, please contact us at support@wpbay.com