Terms and Conditions
OpenThinking LLC retains all Intellectual Property Rights and all other proprietary rights of the theme, app, plugin and all other products.
Individual Theme Purchase
- The Purchaser of an individual theme is granted a non-exclusive worldwide license, allowing the Purchaser, or a single client of the Purchaser, to create, with this theme, a single End Product.
- The Purchaser of an individual theme is licensed to install the purchased theme only once on one (1) domain.
- The Purchaser of an individual theme is not entitled to distribute, duplicate and make available to anyone, resell in its original form, or modify for the purposes of reselling the purchased theme.
Themes are licensed to use for a single store only, whether the themes are published or not.
You are not permitted to transfer or sell a Theme to any other person’s store on Shopify or elsewhere.
You may modify the Theme to suit your store. Shopify may add or modify the footer that refers to Shopify at its discretion. The intellectual property rights of the Theme remain the property of OpenThinking.
You may not share, resell, barter, trade or give away OpenThinking code in whole or part, with or without modification to any store other than the one it was originally licensed to. If OpenThinking discovers unauthorized distribution of its intellectual property, the original license may be voided without refund and all stores using the original code or unauthorized copies must cease using them immediately.
Theme “styles” or “presets” are considered to be part of a theme. Using one theme style or preset on one store and another style or preset on another store without paying a separate licensing fee is a violation of the licensing terms and conditions.
Reselling OpenThinking themes, with or without modification, is strictly prohibited, whether or not you are the original purchaser or not. OpenThinking reserves the right to investigate and report unauthorized sales to third-party sales platforms using any and all information about the listing, transactions, existing customers, and databases and information publicly available on the web.
When such sales are discovered, the seller is responsible for notifying all of the purchasers of the unauthorized copies, issuing an automatic full refund, and advising the purchasers that the licenses are voided and use of the unlicensed themes may result in their store being shut down or other serious legal repercussions.
OpenThinking reserves the right to invoice sellers of unauthorized copies of themes at full list price, which is due upon demand.
OpenThinking reserves the right to cancel any license, at its sole and final discretion, and without refund.
Feedback Legal Notice
By providing feedback, you grant OpenThinking an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the feedback in any manner and for any purpose. This includes, but is not limited to, the right to use, reproduce, modify, distribute, sublicense, and create derivative works based on the feedback. You waive any and all moral rights in the feedback and agree not to assert any claims against OpenThinking arising from the use of the feedback. You acknowledge that OpenThinking is not obliged to use or incorporate your feedback into any of its products or services.
You understand and agree that OpenThinking is not responsible for any damages, including but not limited to, loss of profits, goodwill, or data, that may result from the use of our products.
All OpenThinking themes and plugins/apps are provided “as is” without any warranties. We cannot guarantee that they will function as desired or be compatible with third-party plugins or apps.
We cannot guarantee that our themes and plugins/apps will work in all browsers. It is your responsibility to test the browser compatibility against the demonstration pages on the demo server. We cannot guarantee that our themes will work with all browser combinations.
We cannot guarantee that our themes will pass W3C, Google PageSpeed Insights, or other validation services.
We cannot guarantee compatibility with any additional third-party plugins or scripts. Our themes and plugins/apps are only guaranteed to function on a clean installation or when activated without any changes. If you modify any of the theme or plugin/app files or include third-party applications, we cannot guarantee that the products will work.
We are committed to fixing any theme issues or bugs as soon as possible after they are reported. If the issue is with the standard theme, we will provide a fix and update the theme for all customers. If the issue is due to a modification to the default template files, we will advise you on how to revert the theme to its original state.
OpenThinking cannot guarantee that its themes are compliant with any local, national, or international laws or regulations, including but not limited to the Americans with Disabilities Act, General Data Protection Regulation, or Children’s Online Privacy Protection Act. By purchasing or using our themes, you accept sole responsibility for compliance with any applicable laws or regulations. OpenThinking cannot provide advice on compliance issues.
- OpenThinking’s support team is only able to provide assistance in English.
- Our team is happy to assist you with the initial installation of the theme and its features, but we cannot perform the installation for you.
- We do not offer assistance with theme upgrades.
- Our support team will do their best to accommodate requests for customization help, but this is not a guaranteed service.
The Support Services shall include:
- Questions about theme functionality and technical capabilities in general.
- Assist with the installation of theme features and the configuration of theme settings.
- Any Shopify compatibility issues that arise as a result of a standard theme installation.
The Support Services shall NOT include:
- Problems caused by your negligence, abuse or misuse of our themes.
- Assistance with altered or damaged themes or any portion thereof.
- Design or layout changes other than simple updates that can be made via the theme editor.
- New feature development or custom design.
- Errors related to theme customization, either by third-party apps, custom code, or file modifications.
- Installation, configuration, or troubleshooting involving third-party apps.
- Platform native functionality issues directly related to Shopify.
- Making store customizations or configurations documented in OpenThinking DOCS or Shopify Help Center.
- Removing or updating customizations made to a theme, whether by OpenThinking or other parties.
- Updating themes, whether they have been customized or not.
- Configuration or troubleshooting of SEO, GDPR, schema, meta tag, canonical tag, indexing, Google Search Console, Analytics, or tracking code, page speed, W3C validation, or other validation or similar issues.
- Technical support for older versions of our themes. Upgrading to the latest version is recommended.
- Assistance of any kind for developers or designers working for clients. We reserve the right to limit support to the end user of the theme only.
- Live chat or other real-time support, such as IG DMs, Twitter, Telegram, phone, Skype, Slack, FB Messenger, etc.
- Please note that even if we provide customizations outside the scope of complimentary support, we cannot help transfer these changes to a new version of the theme if you decide to upgrade at a later time.
- We reserve the right to refuse, deny or limit support service at our discretion.
Some other important notes about our support:
- In order to receive technical support from OpenThinking, you may be required to have a valid and registered theme license, which we reserve the right to verify.
- If we have resolved an issue for you and you reply to the same ticket with a new issue, your new question will be treated as a separate request. This means that the response to your new request may be subject to the usual 1-2 day turnaround time and may be handled by a different technical support representative than the one who handled your original request.
- OpenThinking reserves the right to restrict support and potentially withdraw support if we determine that your behavior is inappropriate.
Limitation of liability
When creating a staff account for OpenThinking support staff, you acknowledge and agree that we are not responsible for any changes, customizations, or alterations to your shop that may result in lost profits or any special, incidental, or consequential damages arising out of or in connection with our products or services. This includes changes made by our team or unauthorized access via our account.
You understand and agree that any custom code provided by OpenThinking is written specifically for you and is offered on an “AS IS” basis. We cannot guarantee that the code will be error-free or fully tested. The provision of custom code is offered to you as a courtesy and does not constitute a warranty or guarantee.
Customizations made by OpenThinking support may not have been fully tested and may require additional development time that is outside the scope of complimentary support. You understand and agree that OpenThinking is not responsible for any issues that may arise from these customizations.
OpenThinking maintains a list of suggested developers and other professionals who can assist with tasks that exceed the scope of our support. We may suggest specific providers via email or other methods. However, these companies are independent from OpenThinking and are not endorsed by us. We are unable to provide assistance with issues related to these providers. We encourage customers to provide us with detailed information if a provider does not meet their expectations.
OpenThinking may receive a commission for referring customers to third-party developers. However, this does not impact our recommendations or the services we provide.
OpenThinking reserves the right to alter the prices of its plans at any time, and notice of such changes may be provided by posting updates to the OpenThinking website.
Customers who renew their annual memberships prior to the end of their current term will not be subject to future price adjustments.
As a provider of digital media (software) that is available for instant download upon purchase, OpenThinking LLC offers non-tangible, non-returnable, and irrevocable digital goods. The nature of these goods makes all purchases of themes final and non-refundable. OpenThinking LLC regrets that it is unable to offer refunds on any of its downloadable products.
In order to provide potential customers with the opportunity to familiarize themselves with our themes and test all settings and options, OpenThinking LLC offers theme trials. Our support team is available to answer any questions about our themes, both before and after purchase.
All content and materials contained in OpenThinking products, including text, images, graphics, and other materials, are the property of OpenThinking LLC and are protected by United States and international copyright laws. No portion of these materials may be reproduced, distributed, or transmitted in any form or by any means without the prior written permission of OpenThinking LLC.
Intellectual Property Notice
OpenThinking products, including all themes, plugins, and apps, are the intellectual property of OpenThinking LLC. Any unauthorized reproduction, distribution, or transmission of these products is strictly prohibited. OpenThinking LLC reserves all rights to its intellectual property. By purchasing or using OpenThinking products, you agree to use them only in accordance with the terms and conditions outlined in the license agreement.
Trade Mark Notice
The OpenThinking name and logo are trademarks of OpenThinking LLC. Any use of these trademarks without the prior written permission of OpenThinking LLC is strictly prohibited. All other trademarks, service marks, and trade names appearing on the OpenThinking website are the property of their respective owners.
Modification of these Terms
OpenThinking reserves the right to modify these terms and conditions at any time. Any changes to these terms will be posted on our website and will become effective immediately upon posting. By continuing to use our website or products after any changes have been made, you are agreeing to be bound by the revised terms. It is your responsibility to check these terms periodically for any changes. If you do not agree to the modified terms, you must stop using our website and products immediately.
These Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.