Terms of Use

These Terms are provided by:

Marcin Czaja, conducting business under the name ICHERRY
Address: Zielona 57, 34-471 Ludźmierz, Poland
VAT ID: PL7352738441
Email: support@rosea.io

We operate under the RoseaThemes brand and are the author and licensor of RoseaThemes products.

Products may be purchased through either of the following channels:

• Lemon Squeezy checkout: when you complete a purchase through a Lemon Squeezy checkout, Lemon Squeezy acts as the merchant of record and seller for that transaction and handles payment processing, transaction billing, and applicable transaction taxes.
• Direct order: when we issue an invoice directly to you, ICHERRY/RoseaThemes is the seller for that transaction. We may use Lemon Squeezy or another service provider only to generate a license key, provide a download code, deliver files, or manage technical access.

RoseaThemes remains the licensor of the Product under both purchase channels. Use of Lemon Squeezy for technical fulfillment of a Direct Order does not make Lemon Squeezy the seller of that Direct Order.

These Terms of Use (“Terms”) govern your access to websites, marketing pages, customer areas, documentation, and online materials operated under the RoseaThemes brand, including rosea.io and related project sites that link to these Terms.

They also govern purchases of and access to digital products such as Moodle and IOMAD themes, plugins, documentation, development resources, and downloadable assets (“Products”). The permitted installation and use of a Product are governed by the applicable RoseaThemes Theme License Agreement and the license plan identified in your Order Confirmation.

By placing an order, accepting a quotation, paying a Direct Order invoice, downloading or accessing a Product, activating a license key, or using our sites or Products, you agree to these Terms and the applicable Theme License Agreement. If you act for an organization, you represent that you are authorized to bind that organization.

If you do not agree to the applicable terms, you must not place the order, download, activate, install, or use the Product.

Software and digital Products are licensed, not sold, except to the extent that an applicable open-source license provides otherwise.

Your license plan, permitted number of Production Deployments, eligible organization type, update entitlement, support entitlement, and any other material limits are determined by the Product description and the Order Confirmation in effect at the time of purchase.

For a Lemon Squeezy purchase, the Order Confirmation includes the Lemon Squeezy order receipt, the Product and variant purchased, and any related license record. For a Direct Order, the Order Confirmation includes our invoice and any quotation, order form, license certificate, statement of work, or written confirmation expressly incorporated into that order.

A license key, activation code, or download code is a technical access credential. It is not the license itself and does not independently expand, replace, or modify the rights stated in the applicable Theme License Agreement and Order Confirmation.

If an individually agreed written quotation, order form, or statement of work for a Direct Order conflicts with the standard license plan, the individually agreed document controls only for the matters it expressly addresses.

Lemon Squeezy and other third-party service providers may apply their own terms to payment processing, customer portals, hosting, downloads, or license-key services. Those terms govern the service they provide and do not expand the Product license granted by RoseaThemes.

Mandatory consumer protection laws prevail where they apply.

A Lemon Squeezy order becomes effective when the checkout is successfully completed and the order is confirmed by Lemon Squeezy.

A Direct Order becomes binding when we accept the order in writing, you accept an applicable quotation or order form, or we receive payment of the invoice, whichever occurs first. We may state different acceptance conditions in an individual quotation or order form.

Unless otherwise agreed in writing, access to a Product, license key, support, and updates may be made conditional on full payment. If a Direct Order invoice becomes overdue, we may suspend contractual download, update, support, customer-account, and license-key services to the extent permitted by law.

Products are normally delivered electronically through a download link, customer account, license key, activation code, or download code. A code delivered through Lemon Squeezy for a Direct Order is a fulfillment method only and does not change the seller identified on our invoice.

You are responsible for providing accurate billing, tax, organization, and contact details and for keeping your order confirmation, invoice, and license credentials secure.

Some Products, including Products built for Moodle or IOMAD, may include or be derived from software distributed under the GNU General Public License (GPL) or another open-source or third-party license.

For any component governed by such a license:

• your rights to use, copy, modify, and redistribute that component are governed by the applicable open-source or third-party license;
• nothing in these Terms or a RoseaThemes license is intended to restrict or override rights granted by that license; and
• required copyright notices, license notices, and attribution statements must be retained.

RoseaThemes terms may separately govern contractual benefits and materials not covered by an open-source license, including customer-account access, private downloads, update delivery, support services, source design files, documentation, branding, trademarks, and other proprietary assets.

Where supplied, the Product package may include a LICENSE, LICENSES.md, THIRD-PARTY-NOTICES, or equivalent file identifying applicable component licenses.

You agree not to:

• use our sites, customer areas, services, license keys, or Products in violation of applicable law or third-party rights;
• attempt to gain unauthorized access to our systems, accounts, download links, license records, or other users’ data;
• probe, scan, or test the vulnerability of our infrastructure without prior written permission;
• interfere with or disrupt the operation or security of our sites or services;
• share customer-account credentials, private download links, license keys, or activation credentials with unauthorized persons;
• use one purchased license for more organizations or Production Deployments than permitted by the applicable license plan;
• resell, sublicense, publish, share, or redistribute a Product or its proprietary components as a standalone product, except where expressly permitted by the applicable license or an applicable open-source license; or
• use RoseaThemes branding or trademarks in a way that falsely suggests endorsement, partnership, certification, or origin.

Our websites and their original content, including text, graphics, logos, icons, product names, interface elements, images, documentation, and other materials, are owned by RoseaThemes or our licensors and are protected by applicable intellectual property laws.

Products may contain a combination of open-source components, RoseaThemes proprietary materials, and third-party materials. Each component is governed by the license applicable to that component.

Except for rights expressly granted under an applicable Product license or open-source license, nothing in these Terms transfers ownership of or grants rights to RoseaThemes intellectual property or trademarks.

Moodle, IOMAD, and other names and logos used for compatibility or descriptive purposes are trademarks of their respective owners. RoseaThemes is not affiliated with or endorsed by those trademark owners unless expressly stated.

If you are a consumer, you retain all mandatory rights available under the laws applicable to you. Nothing in these Terms excludes or limits those rights.

EU right of withdrawal

If you are a consumer in the European Union or European Economic Area, you generally have the right to withdraw from a distance contract within 14 days without giving a reason, subject to statutory exceptions.

For paid digital content not supplied on a tangible medium, you may lose the right of withdrawal only after performance has begun and where the legally required conditions are met, including your prior express consent to begin supply during the withdrawal period and your acknowledgment that you thereby lose the right of withdrawal.

Where required, that consent and acknowledgment must be obtained through the applicable checkout, order-acceptance process, or other clear affirmative action. Merely visiting our site does not constitute that consent.

Refunds

Statutory remedies and refunds required by applicable law are not discretionary.

For purchases completed through a Lemon Squeezy checkout, transaction refunds are processed through Lemon Squeezy as merchant of record, subject to applicable law and the checkout terms applicable to that transaction.

For Direct Orders invoiced by RoseaThemes, refund requests, invoice corrections, and statutory remedies are handled directly by RoseaThemes.

Separate from mandatory rights, we or Lemon Squeezy may offer a voluntary commercial refund policy. Any voluntary refund does not reduce your mandatory consumer rights.

To request assistance, contact us through support.rosea.io (opens in new tab) or at support@rosea.io.

Consumers outside the European Union may have similar or additional mandatory rights under the laws of their country or state of residence.

If you are a consumer, we or the merchant of record, as applicable to the transaction and required by law, are responsible for providing digital content that conforms to the contract.

For consumers in the European Union, available remedies may include bringing the Product into conformity, a proportionate price reduction, or termination of the contract where the statutory requirements are met.

How to file a Product complaint

• Contact us at support@rosea.io or through support.rosea.io (opens in new tab).
• Describe the issue and, where available, include your order number, invoice number, Product version, Moodle or IOMAD version, and license key.

We will respond to consumer complaints within 14 days after receipt, unless a shorter mandatory period applies.

Billing or transaction-refund requests relating to a Lemon Squeezy checkout may need to be completed through Lemon Squeezy, but you may still contact us first for Product-related assistance.

Out-of-court dispute resolution

Consumers may use available out-of-court dispute-resolution procedures, including competent consumer authorities or ombudsmen. In Poland, these may include municipal or district consumer ombudsmen and the Trade Inspection. Participation is voluntary unless applicable law provides otherwise.

Except for warranties, conformity obligations, or remedies that cannot lawfully be excluded, our sites, documentation, services, and Products are provided “as is” and “as available.”

To the fullest extent permitted by law, we disclaim implied or statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that our sites or third-party services will always be uninterrupted, error-free, or free of harmful components. We do not guarantee compatibility with every hosting environment, server configuration, customization, Moodle or IOMAD version, browser, device, or third-party plugin unless that compatibility is expressly stated in the applicable Product description or Order Confirmation.

This Section does not limit mandatory consumer rights or obligations relating to conformity of digital content.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for intentional misconduct, death or personal injury where applicable, or mandatory consumer remedies.

If you are a consumer, our liability is governed by applicable mandatory law, and the business-to-business limitations below apply only to the extent legally permitted.

If you are acting for business or professional purposes, then, to the fullest extent permitted by law:

• we are not liable for indirect, incidental, special, exemplary, punitive, or consequential losses, or for loss of profits, revenue, business opportunities, goodwill, anticipated savings, or data;
• we are not liable for losses caused by unsupported modifications, incompatible third-party software, hosting failures, failure to follow documentation, or use outside the documented Product requirements; and
• our total aggregate liability arising from a Product or order will not exceed the total amount paid for the specific Product or order giving rise to the claim.

The limitations in this Section apply regardless of the legal basis of the claim, to the extent permitted by applicable law.

We may update these Terms from time to time. We will revise the “Last updated” date and, where reasonably possible, provide advance notice of material changes affecting ongoing services.

The Terms and Product license accepted at the time of purchase continue to govern that purchase. Updated terms do not retroactively reduce rights included in an existing perpetual license unless the change is required by law or expressly accepted by you.

Updated terms may apply to new purchases, renewals, upgrades, additional licenses, newly supplied services, or continued use of our websites after the effective date, as applicable.

These Terms are governed by the laws of Poland, without regard to conflict-of-law principles.

If you are a consumer, this choice of law does not deprive you of mandatory protections available under the laws of the country where you habitually reside. Nothing in these Terms limits any right you may have to bring proceedings in a court that has jurisdiction under mandatory consumer law.

If you are acting for business or professional purposes, disputes arising from these Terms or a Direct Order are subject to the courts having jurisdiction over the registered business location of ICHERRY, unless the parties agree otherwise in writing or mandatory law requires otherwise.

Transaction disputes relating solely to a Lemon Squeezy checkout may also be subject to the merchant-of-record terms accepted during that checkout.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect. The invalid provision will apply to the maximum extent permitted by law or, where permitted, be replaced by a valid provision that most closely reflects its intended purpose.

A failure or delay in enforcing any provision does not waive the right to enforce it later.

These Terms are written and concluded in English using U.S. English conventions. Any translation or summary is provided for convenience only.

If a translation conflicts with the English version, the English version controls to the extent permitted by applicable law. This language clause does not limit any mandatory requirement to provide consumer information or contractual terms in another language.