Terms of Service

SERIOUS
DATED 2008-10-08 · VERSION 20260904_rev01 · COMPARED WITH 20250213_rev01

What changed, in plain language

Elegant Themes rewrote its Divi AI terms and added a whole new pay-as-you-go billing system. You now load money into a prepaid "AI Wallet" and get charged per AI request based on token usage, with an Elegant Themes markup on top of what the AI companies charge. Money spent on AI is non-refundable and the 30-day refund promise no longer covers it. The company also spelled out that your prompts, files, website content, and conversation history get sent to outside AI providers, and it deleted the entire Divi Marketplace Credits program.

Changes that may affect you

Marketplace Credits program deleted with no word on credits you already haveMATERIAL
OTHER

The entire Marketplace Credits section is gone. If you were awarded credits under the old terms — including bonus credits that came with a subscription — the terms no longer say whether they still work, whether they expire, or what happens to them.

What you can do — Log into your account and check whether any Marketplace Credit balance is still there. If you have credits, contact support in writing and ask whether they can still be used.

Free AI usage can be reduced or ended at any timeMATERIAL
BILLING & RENEWAL

Any complimentary AI usage bundled with your membership isn't a guaranteed benefit. Elegant Themes can change the amount, the features it covers, or drop it entirely going forward, and it has no cash value if it disappears.

We may modify or discontinue complimentary usage on a prospective basis.
Company records decide billing disputesMATERIAL
LIABILITY LIMITS

If you think you were overcharged for AI usage, the usage records kept by Elegant Themes and the AI providers determine what you owe. Your only opening is proving an outright billing error.

The usage measurements and transaction records maintained by Elegant Themes and the applicable AI Providers will determine the final charge, subject to correction for billing errors.

What you can do — Keep your own notes on large AI sessions so you have something to point to if a charge looks wrong.

You owe AI charges run up by anyone with access to your account, and any negative balanceMATERIAL
USER OBLIGATIONS

If a team member or contractor you let into your account burns through AI credit, that's your bill. And if a refund or chargeback drops your wallet below zero, you have to pay that off before paid AI works again.

If a refund, chargeback, or payment reversal causes your AI Wallet to have a negative balance, you remain responsible for that balance, and we may suspend paid AI usage until it is repaid.

What you can do — Limit who has your Elegant Themes account login, and use Divi Teams accounts instead of sharing your main credentials.

Money in the AI Wallet is locked to Elegant ThemesMINOR
OTHER

Funds you deposit can't be moved to another account, can't be used for anything outside the service, earn no interest, and generally can't be turned back into cash.

AI Wallet funds do not earn interest, are not transferable between accounts, cannot be used outside the Elegant Themes Service, and are not redeemable for cash except where required by applicable law or expressly permitted under our refund policy.
No guarantee any AI model stays available or works wellMINOR
LIABILITY LIMITS

Elegant Themes makes no promise about which AI models you'll have access to, how fast they respond, or how accurate they are. Depositing money doesn't reserve access to any particular feature.

Adding funds to your AI Wallet does not guarantee the availability of any particular AI feature, model, or provider.
AI spending is carved out of the 30-day refund guaranteeSERIOUS
BILLING & RENEWAL

The money-back guarantee used to cover purchases across the board for 30 days. Now anything you spend on AI is final once the request runs. If you deposit money into an AI Wallet, you can only get back what you haven't used yet.

Amounts deducted from your AI Wallet for completed or initiated AI usage are final and non-refundable, except where required by applicable law or where Elegant Themes determines that a billing error occurred. The thirty (30) day refund policy below does not apply to funds that have already been spent on AI usage.

What you can do — Only put small amounts into the AI Wallet at a time. If you want a refund on an unused deposit, email the Elegant Themes refund address within 30 days of the deposit.

You can be charged more than the price you were shownSERIOUS
BILLING & RENEWAL

With the automatic model setting, the price in the builder is only a guess. Retries, long conversation history, and multiple model calls behind one request can all push the real charge above the estimate, and there's no stated cap.

Estimates may differ from final charges due to request complexity, context size, output length, routing decisions, retries, or multiple model calls.

What you can do — Pick a specific model instead of the automatic option so you see the actual per-token price, and check your AI Wallet balance after big requests.

Your prompts, uploads, site content, and chat history are sent to outside AI companiesSERIOUS
DATA SHARING

Anything you feed the AI Agent — including files you upload, content pulled from your website, and your earlier conversation — is passed to third-party AI providers. Those companies then handle your information under their own privacy terms, which Elegant Themes doesn't control and doesn't name here. Which providers get your data can also change at any time without telling you.

To provide Divi AI, Elegant Themes may transmit your prompts, instructions, uploaded or selected content, relevant conversation history, and other context needed to fulfill your request to one or more AI Providers. AI Providers may process this information under their own terms and policies.

What you can do — Don't paste client data, customer lists, passwords, or anything confidential into Divi AI prompts or files.

Elegant Themes can raise AI prices at any time with no noticeSERIOUS
UNILATERAL CHANGES

The company can change what it charges you whenever it wants, for reasons as open-ended as "market conditions." There's no advance warning and no notice period. The only thing locked in is the price for a request you've already submitted.

We may change customer prices prospectively in response to provider price changes, operating costs, market conditions, or other factors.

What you can do — Check the displayed per-token price in the Divi Builder before each session rather than assuming last month's rate still applies.

Changelog

  1. ± CHANGEDDivi AI section rewritten around an "AI Agent" and outside AI providers

    The old text simply said you got a free limited amount of AI content with an option to upgrade. The new text describes an AI Agent inside the Divi Builder and says Elegant Themes is a middleman that passes your requests to third-party AI companies and sends the answers back.

    We have partnered with leading AI companies to allow you to generate written content and images using artificial intelligence. You will be granted a limited, revocable, non-exclusive license to generate a limited amount of content and images for free with the ability to upgrade to a premium product for additional content and images.

    Elegant Themes acts as an intermediary between you and the applicable AI Providers by receiving your requests, routing them to one or more AI Providers, and returning the results to you.

  2. + ADDEDFree AI usage can be changed or cut off at any time

    Any complimentary AI usage that comes with a membership has no cash value, can't be refunded, and Elegant Themes can shrink or end it going forward. Once it runs out, you have to pay to keep using the AI Agent.

    We may modify or discontinue complimentary usage on a prospective basis. After your complimentary usage is exhausted or unavailable, you must maintain sufficient funds in your AI Wallet, as described below, to continue making paid AI Agent requests.

  3. + ADDEDNew prepaid "AI Wallet" you must fund to use AI

    You deposit money into a balance tied to your account and it gets drawn down as you use AI. The money can't be moved to another account, can't be used anywhere else, and generally can't be cashed out.

    AI Wallet funds do not earn interest, are not transferable between accounts, cannot be used outside the Elegant Themes Service, and are not redeemable for cash except where required by applicable law or expressly permitted under our refund policy.

  4. + ADDEDAI is billed per token, and one request can be billed several times

    You're charged based on how much text goes in and comes out, counted in "tokens." A single request can trigger multiple calls to an AI model, and each call costs money.

    A single AI Agent request or task may require multiple model calls and may therefore incur charges for each call.

  5. + ADDEDElegant Themes adds its own markup on top of AI provider prices

    The AI companies set a base price, and Elegant Themes adds a markup to cover its costs. The price you see in the Divi Builder already includes that markup.

    Elegant Themes adds a markup to the underlying provider cost to cover expenses associated with providing the Service, which may include infrastructure, development, administration, support, payment processing, and related costs.

  6. + ADDEDPrices can change going forward without a notice period

    Elegant Themes can raise what it charges you at any time for a range of reasons. The only protection is that the price shown when you hit submit is the price for that one request.

    We may change customer prices prospectively in response to provider price changes, operating costs, market conditions, or other factors. The price presented at the time a request is submitted will govern that request.

  7. + ADDEDAutomatic model option only gives you an estimate, not a real price

    If you let Divi AI pick the model for you, the price you see is a guess. Your actual bill depends on which models ran, how big the request was, and whether anything had to be retried.

    Any price displayed for an automatic model option is an estimate only. Your actual charge will be based on the model or models used and the actual input and output tokens processed.

  8. + ADDEDCompany's own records decide what you owe

    If you disagree with a charge, the usage records kept by Elegant Themes and the AI companies settle it, other than outright billing errors.

    The usage measurements and transaction records maintained by Elegant Themes and the applicable AI Providers will determine the final charge, subject to correction for billing errors.

  9. ± CHANGEDMoney spent on AI is gone — the 30-day refund promise no longer covers it

    The refund policy used to be a flat 30-day money-back guarantee. It now carves out AI spending entirely. You can only get back the unspent part of an AI Wallet deposit.

    **Refund Policy:** We offer refunds to any unsatisfied customer up to thirty (30) days after the purchase was made.

    **Refund Policy:** Except for amounts spent on AI usage as described above, we offer refunds to any unsatisfied customer up to thirty (30) days after the purchase was made. A refund of an AI Wallet deposit is limited to the unspent portion of that deposit.

  10. + ADDEDYou owe money if your wallet goes negative after a chargeback

    If a refund or chargeback pushes your AI Wallet below zero, you're on the hook for that amount and paid AI use can be shut off until you pay it.

    If a refund, chargeback, or payment reversal causes your AI Wallet to have a negative balance, you remain responsible for that balance, and we may suspend paid AI usage until it is repaid.

  11. + ADDEDYou're liable for AI charges run up by anyone you let into your account

    Charges made by people you authorize to use your account are your responsibility.

    You are responsible for all AI usage and resulting charges made through your account, including usage by anyone whom you authorize to access your account.

  12. + ADDEDYour prompts, files, site content, and chat history go to outside AI companies

    To run Divi AI, Elegant Themes sends what you type, files you upload, content from your site, and your past conversation to third-party AI providers. Those companies handle it under their own rules, not Elegant Themes'.

    To provide Divi AI, Elegant Themes may transmit your prompts, instructions, uploaded or selected content, relevant conversation history, and other context needed to fulfill your request to one or more AI Providers. AI Providers may process this information under their own terms and policies.

  13. + ADDEDNo promise that any AI model keeps working

    Which AI companies and models are available can change at any time, with no guarantee about speed, quality, or accuracy. Putting money in your wallet doesn't reserve access to any particular feature.

    Available AI Providers and models may change at any time, and we do not guarantee the continued availability, performance, response time, accuracy, or suitability of any particular provider or model.

  14. − REMOVEDDivi Marketplace Credits program removed

    The whole section on Marketplace Credits is gone — the $1-per-credit discounts, the rules about which offers they applied to, and the bonus credits bundled with some subscriptions. The terms no longer say what happens to credits people already hold.

    As an Elegant Themes customer, you may be awarded Divi Marketplace Credits. These credits can be used to discount the price of purchases made in the Divi Marketplace. Each Divi Marketplace Credit applied to a purchase reduces the purchase price by $1.

  15. ± CHANGEDTerms history updated

    Two new modification dates were added (September 2, 2026 and August 18, 2026) and the June 27, 2024 entry was dropped from the list.

    Modified Date: June 27, 2024

    Modified Date: September 2, 2026

Full text changes — 20250213_rev01 to 20260904_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

3131**Divi Hosting**
3232
3333We partnered with hosting companies that we trust based on personal experience. We tested Divi on tons of different hosts and sought out the best of the bunch to create hosting packages that work well with Divi. All hosting is provided by third parties, which are responsible for the hosting services provided.
3434
3535**Divi AI**
3636
37We have partnered with leading AI companies to allow you to generate written content and images using artificial intelligence. You will be granted a limited, revocable, non-exclusive license to generate a limited amount of content and images for free with the ability to upgrade to a premium product for additional content and images.
37We work with third-party artificial intelligence companies, including large language model providers ("AI Providers"), to make artificial intelligence features available through Divi AI. These features include the Divi AI Agent ("AI Agent"), which can generate content, analyze information, and assist with tasks in the Divi Builder. Elegant Themes acts as an intermediary between you and the applicable AI Providers by receiving your requests, routing them to one or more AI Providers, and returning the results to you.
3838
39An eligible Divi AI membership may include a limited amount of complimentary AI Agent usage or promotional value. Complimentary usage is not cash, has no cash value, is not transferable, and cannot be redeemed or refunded. The amount, availability, applicable features, usage limits, and any expiration of complimentary usage may vary and will be described in the applicable offer, account area, or Divi Builder interface. We may modify or discontinue complimentary usage on a prospective basis. After your complimentary usage is exhausted or unavailable, you must maintain sufficient funds in your AI Wallet, as described below, to continue making paid AI Agent requests.
40
3941### Marketplace
4042
4143Elegant Themes offers third-parties an opportunity to use third-party designed products with our themes via Elegant Themes's Marketplace.
4244
4345**Terms For Marketplace Customers:**
4446
6971- 13\. If you offer more than one third-party product through the Marketplace, Elegant Themes may aggregate all revenue and costs into a consolidated statement and account.
7072- 14\. In the event of any dispute, Elegant Themes shall have the right in its sole discretion to issue any credits and deduct such sums from any balance.
7173- 15\. You represent and warrant that any third-party product you offer will not violate the intellectual property rights of any third-party, and you agree to indemnify, defend and hold harmless Elegant Themes from and against any liability, claims or legal action (including attorneys' fees) arising from any violation of the foregoing representation and warranty.
7274- 16\. Within your account, you have to option to opt-in to allow your products to be bundled. If you enable this option, it gives Elegant Themes to freedom to package your products along with other products in the form of a product bundle. This allows customers to purchase multiple products at once. Bundles can be sold at a percent discount of Elegant Themes's choosing, and this discount is applied to each product in the bundle. You can opt-out of product bundles at any time using the contact button in your account, after which your products will be removed from bundles within 2 weeks.
7375- 17\. Creators have the option to opt-in to site-wide discounts. If you opt-in, it gives Elegant Themes the freedom to sell your products at a discount. If we are running a site-wide sale, your products will automatically be included in the sale and may receive additional exposure.
7476
75**Marketplace Credits**
76
77As an Elegant Themes customer, you may be awarded Divi Marketplace Credits. These credits can be used to discount the price of purchases made in the Divi Marketplace. Each Divi Marketplace Credit applied to a purchase reduces the purchase price by $1.
78
79Divi Marketplace Credits cannot be applied to certain special offers, such as the special offers displayed during checkout, including checkout up-sells and post-checkout offers.
80
81Divi Marketplace Credits are on-time use only. The use of Divi Marketplace Credits is non-reversible. In the event of a refund, Divi Marketplace Credits are not returned.
82
83Divi Marketplace Credits may be packaged, as a bonus, with certain recurring subscription purchases. In such cases, the Divi Marketplace Credits are given only once with the initial purchase, and not with subsequent renewal payments.
84
8577### Support Policy
8678
8779Elegant Themes provides support services for its products to Clients with active memberships. Divi Teams allows Clients to allow their End Users to receive support services separately. Support is provided via the Elegant Themes Support Forum, a public support ticketing system. Upon subscription expiration or account closure, a Client's (including their End Users) access to support is terminated.
8880
8981Elegant Themes provides support for its own products only. We do not provide support for third-party products or services (including hosting), nor do we provide support for our own products when obtained through third-parties.
9082
139131You agree not to use usernames or Forum titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or the title of your Forum at any time and for any reason in our sole discretion.
140132
141133### Use of AI
142134
143135In connection with your use of Divi AI, we make no representation or warranty about the content or images that may be generated or your ability to use and distribute such images or content. Content that is generated by artificial intelligence may not be protected by copyright. We take no responsibility and assume no liability for any content that you generate, post, send, or otherwise make available from using the Services. Specifically, we assume no liability for copyright infringement. You shall be solely responsible for your content and the consequences of posting, publishing it, sharing it, or otherwise making it available, and you agree that we are only acting as a passive conduit for your online creation of your content. You understand and agree that you may be exposed to content that is not accurate, may be objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege or might incur as a result of or relating to any content created using the Service.
144136
137To provide Divi AI, Elegant Themes may transmit your prompts, instructions, uploaded or selected content, relevant conversation history, and other context needed to fulfill your request to one or more AI Providers. AI Providers may process this information under their own terms and policies. Available AI Providers and models may change at any time, and we do not guarantee the continued availability, performance, response time, accuracy, or suitability of any particular provider or model. A single AI Agent request or task may require multiple model calls and may therefore incur charges for each call.
138
145139### Use of Third-Party Services
146140
147141As a part of our Service, we may offer links to hosting providers and websites operated by various third-parties and are not responsible or liable for any acts or omissions created or performed by these third-parties. We provide such links for your convenience and reference only. Elegant Themes does not operate or control in any way any information, software, products or services available on such websites. Our inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
148142
149143### Representations and Warranties and Indemnification
150144
175169### Subscriptions and Payment
176170
177171After browsing our website, you may be interested in purchasing some of our Elegant Themes designs. You will be required to submit payment information to do so. To process our payments we use PayPal, Stripe.com or Authorize.net. You must agree with their terms and conditions before paying for any of our products.
178172
179173Elegant Themes offers various subscription packages. This subscription will automatically renew at the end of the year, and you will be automatically billed at the end of your term for the next year if your subscription is still active. You can cancel your subscription at any time by logging in to the Elegant Themes members area and navigating to the Account > Cancel page. If you used PayPal to purchase your account, you may also cancel your subscription from within your PayPal.com account. If you do not cancel before the date of your renewal, you will be automatically billed for the next billing cycle. If you use Divi Hosting, you will be charged separately by our hosting partner.
180174
181**Refund Policy:** We offer refunds to any unsatisfied customer up to thirty (30) days after the purchase was made. If you would like your money back, simply send us an email at [\[email protected\]](https://elegantthemes.com/cdn-cgi/l/email-protection) with a description of your problem and request for a refund.
175**AI Wallet and Usage-Based Pricing:** We may allow you to deposit funds into a prepaid balance associated with your Elegant Themes account (the "AI Wallet") to pay for eligible Divi AI features, including AI Agent requests. The AI Wallet is not a bank account, deposit account, or general-purpose payment instrument. AI Wallet funds do not earn interest, are not transferable between accounts, cannot be used outside the Elegant Themes Service, and are not redeemable for cash except where required by applicable law or expressly permitted under our refund policy. You are responsible for all AI usage and resulting charges made through your account, including usage by anyone whom you authorize to access your account.
182176
177AI Agent usage is generally priced based on the number of input and output tokens processed by the selected AI model. A token is a unit of text used by AI Providers for metering and may represent a word, part of a word, punctuation, code, or other content. Input tokens may include your prompt and any instructions, files, website content, conversation history, or other context transmitted to the AI Provider to fulfill your request. Output tokens include content generated by the AI Provider. The price applicable to a request may differ depending on the model selected, the amount of input and output processed, and the number of model calls needed to complete the request.
178
179AI Providers establish their underlying prices, commonly stated as a price per one million input tokens and a separate price per one million output tokens. Elegant Themes adds a markup to the underlying provider cost to cover expenses associated with providing the Service, which may include infrastructure, development, administration, support, payment processing, and related costs. The customer prices displayed in the Divi Builder or otherwise presented before use are the prices that apply to your usage and include any applicable Elegant Themes markup unless expressly stated otherwise. We may change customer prices prospectively in response to provider price changes, operating costs, market conditions, or other factors. The price presented at the time a request is submitted will govern that request.
180
181When you select a specific model, the Divi Builder will display the applicable price per one million input tokens and price per one million output tokens. When you select an automatic model option, Divi AI may route different requests, or portions of a request, to different models. Any price displayed for an automatic model option is an estimate only. Your actual charge will be based on the model or models used and the actual input and output tokens processed. Estimates may differ from final charges due to request complexity, context size, output length, routing decisions, retries, or multiple model calls. The usage measurements and transaction records maintained by Elegant Themes and the applicable AI Providers will determine the final charge, subject to correction for billing errors.
182
183By submitting a paid AI request, you authorize Elegant Themes to deduct the resulting charge from your AI Wallet. We may decline, pause, or stop a request if your available balance is insufficient. Displayed balances and charges may be delayed, rounded, estimated, or adjusted to correct processing or metering errors. Adding funds to your AI Wallet does not guarantee the availability of any particular AI feature, model, or provider.
184
185Amounts deducted from your AI Wallet for completed or initiated AI usage are final and non-refundable, except where required by applicable law or where Elegant Themes determines that a billing error occurred. The thirty (30) day refund policy below does not apply to funds that have already been spent on AI usage. Any refund of unspent AI Wallet funds remains subject to the refund policy below, applicable law, and any restrictions disclosed at the time of purchase. If a refund, chargeback, or payment reversal causes your AI Wallet to have a negative balance, you remain responsible for that balance, and we may suspend paid AI usage until it is repaid.
186
187**Refund Policy:** Except for amounts spent on AI usage as described above, we offer refunds to any unsatisfied customer up to thirty (30) days after the purchase was made. A refund of an AI Wallet deposit is limited to the unspent portion of that deposit. If you would like your money back, simply send us an email at [\[email protected\]](https://elegantthemes.com/cdn-cgi/l/email-protection) with a description of your problem and request for a refund.
188
183189**Taxes:** You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us, you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.
184190
185191### Termination
186192
187193Elegant Themes reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any or no reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You are only allowed to use the products and services of Elegant Themes for their intended purpose and may not cause an unreasonable load on the Elegant Themes' servers. You may not resell, rent, sublicense or otherwise permit a third party to make any use of your account or of the Service provided. Any violation of these Terms of Service may result in termination of your access to the Service without any refund.
188194
213219All contents of the Service are copyrighted © 2026 Elegant Themes, LLC. All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Elegant Themes, Inc. Other product and company names may be trademarks or service marks of their respective owners.
214220
215221IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.
216222
217223### Terms History
218224
219Modified Date: June 27, 2024
220
225Modified Date: September 2, 2026
226Modified Date: August 18, 2026
221227Modified Date: August 9, 2023
222
223228Modified Date: December 8, 2021
224
225229Modified Date: October 27, 2021
226230Modified Date: April 19, 2021
227231Modified Date: November 15, 2020
228232Modified Date: January 24, 2018
229233Modified Date: March 23, 2016
230234Modified Date: February 25, 2015