TERMS AND CONDITIONS & END USER LICENSE AGREEMENT (EULA) – BERKA STARTER THEME

1. GENERAL PROVISIONS AND DEFINITIONS

1.1. The Seller and Licensor: Brave New Sp. z o.o., with its registered office in Krakow, ul. Berka Joselewicza 14/8, 31-051 Krakow, Poland, NIP (VAT ID): PL6751638982 (hereinafter: “the Seller”).

1.2. The Product: The “Berka StarterTheme” digital product, comprising a WordPress starter theme, source code, and integrated components.

1.3. Professional Use Only (B2B): The Seller provides the Product exclusively to B2B Clients (entities or individuals purchasing for professional use). Sales to Consumers or individuals for whom the purchase does not have a professional/vocational character (including those protected under specific consumer-like laws in Poland, known as PNPK) are strictly prohibited.

1.4. B2B Client: An entity or individual purchasing the Product directly for their business activity in the IT, marketing, or web-development industry. By purchasing, the Client represents that they possess the necessary technical expertise to use the Product.

1.5. Agreement: The contract is concluded upon payment of the Proforma Invoice or upon written (email) confirmation of the order by the Seller. Payment constitutes full acceptance of these Terms and the EULA.

2. TECHNICAL SPECIFICATIONS AND THIRD-PARTY SOFTWARE

2.1. Requirements: The Product requires a server environment with PHP version 8.0 or higher and an active installation of the WordPress CMS.

2.2. Third-Party Integration (ACF PRO): The Product integrates specific functionalities of the ACF PRO plugin. The Client is granted access to these functionalities exclusively as an integral part of the Product. No standalone, separate license for ACF PRO is transferred to the Client.

2.3. Version Pinning: The Seller provides third-party components (including ACF PRO) in a stable version available at the time of the Product’s release. The Seller does not guarantee perpetual compatibility with future updates issued by the original third-party manufacturers.

3. ORDER FULFILLMENT AND DELIVERY

3.1. Order Process: Orders are handled manually via electronic communication (email). Upon agreeing to the order details, the Seller issues a Proforma Invoice.

3.2. Delivery Period: Due to manual configuration and security protocols, the Product (access to the Member Area or files) is delivered within 48 hours from the moment the full net amount is cleared in the Seller’s bank account.

3.3. Commencement of Service: The provision of digital content commences once the Client first logs into the Member Area or downloads the Product files, whichever occurs first.

4. LICENSE TERMS (EULA)

4.1. Grant of License: The Seller grants the Client a non-exclusive, worldwide, and non-transferable license to use the Product to create End Products (unique websites).

4.2. License Tiers:

Berka Lite / Premium: License for one (1) End Product.
Berka Premium – 5 sites: License for up to five (5) End Products.

4.3. Permitted Use: The Client may modify the source code and provide commercial services to third parties (clients) using the Product.

4.4. Restrictions: Redistribution, sub-licensing, or reselling the Product in its raw form (as a template, library, or component) is prohibited. The Client shall not allow third parties to extract the Product’s source code from the End Product.

4.5. Professional Declaration: Purchase of the Product is equivalent to a declaration that the purchase is of a vocational nature and is directly related to the Client’s professional business (IT/web-development).

5. INTELLECTUAL PROPERTY AND LIQUIDATED DAMAGES

5.1. Reverse Engineering: Decompiling or disassembling the Product to create a competing general-purpose framework or “starter” product is strictly prohibited.

5.2. Notices: Removing copyright notices or technical markings from the source code is prohibited, unless necessary for final optimization of an End Product and without infringing on the Seller’s intellectual property.

5.3. Liquidated Damages: In the event of a breach of Sections 4 or 5, the B2B Client shall pay the Seller liquidated damages in the amount of $25,000 USD (or 100,000 PLN) per violation. The Seller reserves the right to claim supplementary compensation under general legal principles.

6. FINANCIAL TERMS AND SUBSCRIPTION

6.1. Pricing: Prices are net prices. Payments shall be made in USD, EUR, or GBP (as specified in the Proforma Invoice). VAT will be added where applicable by law (e.g., for Clients based in Poland).

6.2. Banking Fees: For international transfers (e.g., SWIFT), the Client must use the “OUR” cost instruction. The Seller must receive the full net amount indicated on the invoice; all intermediary bank fees and exchange costs are the Client’s responsibility.

6.3. Subscription: The purchase includes a 12-month period for updates and technical support. No auto-renewal is applied. Upon expiration, the Client may continue to use the version already installed but forfeits the right to new updates.

7. TECHNICAL SUPPORT

7.1. Scope: Support is provided via email and covers only the correction of software defects (“bug fixes”) within the original Product code.

7.2. Exclusions: The Seller is not responsible for malfunctions caused by Client modifications, third-party plugin conflicts, or hosting environment issues.

7.3. Third-Party Updates: Support does not include the immediate delivery of third-party updates (e.g., new ACF PRO versions). Updates for integrated components are provided solely within new releases of the Product, according to the Seller’s own development schedule.

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

8.1. WARRANTY DISCLAIMER: THE PRODUCT IS PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SELLER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE SELLER’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY THE CLIENT FOR THE PRODUCT.

8.3. NO RIGHT OF WITHDRAWAL: DUE TO THE B2B NATURE OF THE TRANSACTION AND THE DELIVERY OF DIGITAL CONTENT, ALL SALES ARE FINAL. THERE IS NO RIGHT TO WITHDRAW FROM THE CONTRACT OR RECEIVE A REFUND ONCE THE PRODUCT HAS BEEN MADE AVAILABLE.

9. FINAL PROVISIONS

9.1. Governing Law: This Agreement is governed by the laws of the Republic of Poland.

9.2. Jurisdiction: Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts in Krakow, Poland.

9.3. GDPR/Privacy: The Seller processes Client data solely for contract fulfillment and license management. Details are available in the Privacy Policy..

9.4. Export Control: The Client represents that they are not subject to any U.S. or EU trade embargoes or sanctions.

Last Updated: 02.04.2026