About these terms
These Terms of Service ("Terms") form a binding agreement between you ("you", the "Customer") and Axiom Tech Inc. ("Axiom", "we", "us"), a Delaware C Corporation (Delaware file number 10529560, US EIN 30-1484738), governing your use of themeBASE (the "Service") at themebase.ai.
By creating an account, joining the waitlist, or otherwise accessing the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
Eligibility
You must be at least 18 years old and able to enter a binding contract under the laws of your jurisdiction. If you are using the Service on behalf of a company or other organisation, you represent that you have authority to bind that organisation, and references to "you" include both you and the organisation.
You may not use the Service if you are subject to any applicable trade sanctions or are located in a country subject to a comprehensive embargo by the United States or the European Union.
Account & waitlist
While the Service is in closed beta, access is granted from a waitlist in chronological signup order. Joining the waitlist does not guarantee or schedule access. Access may be revoked at our discretion if these Terms are breached.
You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Notify us at security@themebase.ai immediately if you suspect unauthorised access.
You may close your account at any time by emailing hello@themebase.ai. Closure does not refund unused credit beyond the refund window in §7 and does not erase records we are required to retain by law.
The closed-beta program
During the closed-beta period:
- The Service is provided as is and may contain bugs, incomplete features, and behaviour that differs from documentation.
- We do not offer a service level agreement (SLA), uptime guarantee, or guaranteed support response time. We will make commercially reasonable efforts to keep the Service available.
- Features, pricing, and the catalogue may change at any time and without notice.
- Founding-member benefits (30% lifetime discount, $50 starting credit, free WordToSite deployment for 12 months) are offered to the first 500 customers in chronological waitlist signup order. We will honour these benefits according to the published description once your wave is opened.
- We may, in our sole discretion, suspend or terminate the closed beta, or delay your wave, if necessary to protect the security or stability of the Service.
Marketplace & licences
themeBASE is a marketplace for digital website templates and themes (each, an "Item") created by independent third-party authors (each, an "Author"). When you purchase an Item you receive a perpetual licence to use it under one of two licence types granted by the Author:
- Personal licence: use the Item to build one (1) end product, where end users are not charged for access.
- Commercial licence: use the Item to build one (1) end product, where end users may be charged for access (for example, a paid SaaS).
Both licence types are perpetual for the version of the Item delivered to you. Support and updates are time-limited; default support is six (6) months from purchase, extendable at checkout.
Axiom acts as a non-exclusive distributor and payment collector. The Author is the licensor and is responsible for the Item's content, intellectual-property compliance, and support obligations. Where required by law (for example, EU consumer law), Axiom remains the merchant of record for the transaction.
Restrictions
Unless the applicable licence permits otherwise, you may not:
- Resell, sublicense, redistribute, or make any Item or substantial portion of it available to a third party outside your one end product.
- Use an Item to build a template-creation tool, theme library, or any product that competes with themeBASE.
- Remove or alter Author or Axiom copyright notices, except where a licence explicitly allows it.
- Reverse-engineer the Service except where reverse engineering is expressly permitted by mandatory applicable law.
- Use the Service to violate any law, infringe third-party rights, send unsolicited communications, or publish unlawful, defamatory, or harmful content.
- Attempt to access another customer's account, scrape the catalogue beyond rate limits, or interfere with the security or integrity of the Service.
- Use the AI features (see §8) to generate content that infringes third-party rights, depicts illegal activity, or violates our Acceptable Use Policy.
Payments & refunds
Prices are displayed in US dollars and exclude applicable taxes. There is no buyer fee at checkout. Payments are processed by Stripe; by submitting a payment you agree to Stripe's terms. Axiom never receives or stores your full payment card details.
Tax (VAT, GST, US sales tax where applicable) is calculated and collected by Stripe Tax and remitted to the relevant tax authority. You are responsible for any additional taxes that apply to your use of an Item.
Refunds. You may request a full refund within fourteen (14) days of purchase if the Item is materially not as described, fails to function as described, or is materially incompatible with the platform versions listed at the time of purchase. Refunds for change of mind are not generally granted, because you can preview and customize the Item before buying.
Chargebacks. Initiating a payment dispute without first contacting us at hello@themebase.ai may, at our discretion, result in suspension of your account.
AI features & acceptable use
The Service uses third-party large language models (Anthropic Claude, OpenAI GPT, Google Gemini) to provide the AI concierge, theme customization, support copilot, and originality checks.
- You retain ownership of the prompts you provide and the customizations you create. You grant Axiom and its AI subprocessors a worldwide, non-exclusive licence to process them as necessary to provide the Service.
- AI outputs are generated programmatically and may be inaccurate, incomplete, or unsuitable. You are responsible for reviewing them before publishing them as part of a live site.
- You may not use the AI features to generate content that is unlawful, defamatory, hateful, infringing, sexually explicit involving minors, or otherwise contrary to our published Acceptable Use Policy.
- We may rate-limit, suspend, or revoke access to the AI features in case of abuse, excessive usage, or upstream provider restrictions.
- Our AI subprocessors are contractually prohibited from training their own models on your prompts or outputs.
Intellectual property
Service. The Service, including its software, design, branding, AI pipelines, and Content Bank, is owned by Axiom or its licensors and is protected by intellectual-property laws. These Terms do not transfer any rights other than those expressly granted.
Items. Items are owned by the respective Authors and licensed to you as set out in §5.
Your content. You retain ownership of any content you upload, the customizations you make, and the sites you build. You grant Axiom a limited licence to host and display that content as necessary to operate the Service.
Feedback. If you send us suggestions, ideas, or feedback, we may use them without restriction or compensation.
DMCA / takedowns. If you believe an Item infringes your copyright, send a takedown notice to legal@themebase.ai including (a) identification of the work, (b) identification of the allegedly infringing material with URL, (c) your contact details, (d) a statement of good faith belief that the use is not authorised, (e) a statement under penalty of perjury that the information is accurate and that you are authorised to act, and (f) your signature. We will respond in accordance with applicable copyright law.
Confidentiality
During the closed beta, you may have access to non-public information about the Service (roadmap, internal metrics, unreleased features). You agree to use that information only to evaluate and use the Service and to keep it confidential for two (2) years, with the exception of information that becomes public through no fault of yours or that you are required to disclose by law.
Termination
You may terminate this agreement at any time by closing your account. We may suspend or terminate your access if you breach these Terms, if required by law, or if continuing to serve you presents a security, legal, or operational risk.
On termination: (a) your right to use the Service ends, (b) perpetual licences to Items you have already purchased survive, (c) payment obligations and accrued liabilities survive, and (d) any clause that by its nature should survive (e.g. §9 IP, §12 disclaimers, §13 liability, §14 indemnification, §15 governing law) will survive.
Warranties & disclaimers
The Service and any Item are provided "as is" and "as available", without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or that the Service will be uninterrupted, secure, or error-free.
Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the foregoing exclusions apply only to the extent permitted by law, and you may have additional rights granted by mandatory consumer-protection law that these Terms do not affect.
Limitation of liability
To the maximum extent permitted by law, Axiom will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, data, or business opportunity, arising out of or related to these Terms or the Service, whether in contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.
Our aggregate liability arising out of or related to these Terms or the Service will not exceed the greater of (a) the amounts you have paid to Axiom in the twelve (12) months preceding the event giving rise to the liability, or (b) one hundred US dollars (US$100).
Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law (for example, liability for death or personal injury caused by negligence, or for fraud).
Indemnification
You agree to defend, indemnify, and hold harmless Axiom, its officers, directors, employees, and agents from and against any third-party claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of (a) your breach of these Terms, (b) your violation of any law or third-party right, or (c) content you upload or generate through the Service.
Governing law & disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For US customers. Any dispute arising out of or related to these Terms will be resolved by binding individual arbitration administered by JAMS in Wilmington, Delaware, except that either party may bring an individual action in small-claims court. You waive any right to participate in a class action or class-wide arbitration. You may opt out of this arbitration clause within thirty (30) days of first accepting these Terms by emailing legal@themebase.ai with the subject line "Arbitration opt-out".
For customers outside the US. Mandatory consumer-protection law in your country of residence may grant you rights that override the choice of law and arbitration above. Nothing in this section limits those rights.
General provisions
- Updates. We may update these Terms from time to time. For material changes we will notify registered customers by email at least 14 days before the change takes effect. Continued use of the Service after the effective date constitutes acceptance.
- Entire agreement. These Terms, together with the Privacy Policy and any licence terms accompanying Items, constitute the entire agreement between you and Axiom regarding the Service.
- Severability. If any provision is held unenforceable, the rest will remain in effect.
- No waiver. Failure to enforce a provision is not a waiver of our right to do so later.
- Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
- Force majeure. Neither party is liable for failure to perform caused by circumstances outside its reasonable control.
- No agency. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.
- Notices. We give you notices by email to the address on file or by posting in the Service. You give us notice by email to legal@themebase.ai.
Contact
Axiom Tech Inc.
Delaware C Corporation · file no. 10529560 · EIN 30-1484738
c/o Legalinc Corporate Services Inc.,
131 Continental Dr, Suite 305, Newark, DE 19713, United States
Legal: legal@themebase.ai
Privacy: privacy@themebase.ai
General: hello@themebase.ai