Terms and Conditions

BY CLICKING “I ACCEPT,” DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SERVICE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. THESE CONDITIONS INCLUDE OpenThinking’s PRIVACY POLICY AND ANY ADDITIONAL TERMS AND POLICIES THAT OpenThinking MAY PROVIDE FROM TIME TO TIME (COLLECTIVELY, THE “TERMS”). IF YOU DO NOT AGREE WITH THE TERMS OR ARE NOT ELIGIBLE TO DO SO, YOU MUST NOT USE THE SERVICES. YOUR USE OF THE SERVICES CONSTITUTES AN AGREEMENT BY YOU AND OPENTHINKING TO BE BOUND BY THESE TERMS.

License

License Grant: Purchasers of an individual theme are granted a non-exclusive, worldwide license. This license permits the Purchaser, or a single client of the Purchaser, to create one End Product using the theme.

Modifications and Intellectual Property: You are permitted to modify the theme for your store to fit your brand’s needs. However, OpenThinking retains all intellectual property rights and other proprietary rights associated with the theme.

• The theme can be installed on one (1) store only.
• Each subdomain is considered a unique store, requiring a separate theme license.
• Theme “styles” or “presets” are integral parts of the theme. Using different styles or presets across multiple stores without separate licenses violates the terms.

• Purchasers may not distribute, duplicate, or modify the theme for resale purposes.
• Transferring or selling a theme to another person’s store, on Shopify or elsewhere, is prohibited.
• Sharing, reselling, or distributing OpenThinking code, in whole or part, to any store other than the licensed one is prohibited.
• Selling OpenThinking themes, modified or not, is strictly forbidden. Unauthorized sales will be reported to third-party platforms and prosecuted legally.

• Unauthorized distribution may result in license voidance, and all stores using unauthorized copies must cease their use immediately.
• Sellers of unauthorized copies are liable for notifying and refunding all buyers, warning them of potential legal consequences.
• OpenThinking may invoice merchants of unauthorized copies at the full list price, payable upon demand.
• OpenThinking retains the right to cancel any license without a refund at its discretion.

Feedback Legal Notice

By providing feedback, you grant OpenThinking an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to utilize the feedback in any manner and for any purpose. This encompasses, but is not limited to, the rights to use, reproduce, modify, distribute, sublicense, and create derivative works from the feedback. You relinquish any and all moral rights in the feedback and agree not to assert any claims against OpenThinking based on its use of the feedback. Furthermore, you acknowledge that OpenThinking is under no obligation to use or integrate your feedback into any of its products or services.

Warranty

You acknowledge and agree that OpenThinking is not liable for any damages, including, but not limited to, loss of profits, goodwill, or data, resulting from the use of our products.

• All OpenThinking themes and plugins/apps are provided “as is” without warranties. Their functionality with third-party plugins or apps is not guaranteed.
• We do not assure that our themes and plugins/apps will be compatible with all browsers. You are responsible for testing browser compatibility using our demonstration pages on the demo server.
• We do not assure that our themes fully comply with all current accessibility standards, laws, and regulations. You are solely responsible to ensure that your website is compliant with relevant standards, requirements and laws.
• Our themes may not pass validations from W3C, WCAG, Google PageSpeed Insights, or other services.
• Compatibility with third-party plugins, scripts, or modifications is not guaranteed. Our products are ensured to function on a clean installation or when activated in their original state. If you alter any files or integrate third-party applications, we cannot guarantee product functionality.

We are dedicated to addressing any theme issues promptly. For standard theme issues, we will provide a fix and update for all customers. If problems arise from modifications to the default template files, we will guide you on restoring the theme to its original state.

OpenThinking does not guarantee that its themes comply 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 using our themes, you assume full responsibility for any legal or regulatory compliance. OpenThinking cannot offer advice on compliance matters.

Support

1. OpenThinking’s support team is only able to provide assistance in English.
2. 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.
3. We do not offer assistance with theme upgrades.
4. 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:

• Assistance in English.
• Assistance through email.
• Assistance with features available exclusively in the Theme editor.
• Assistance with Theme features and the configuration of Theme settings.
• Questions about Theme functionality and its technical capabilities.

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.
• Any type of assistance related to AI-generated code, content or instructions.
• Design or layout changes other than simple updates that can be made via the Theme editor.
• Customizing, developing, or creating any tailored design or code to meet your specific requirements.
• The alteration, adaptation, or customization of theme elements to meet your specific requirements.
• 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, WCAG 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.
• We do not offer live chat or any other real-time help channels like Instagram Direct Messages, Twitter, Telegram, phone calls, Skype, Slack, Facebook Messenger, Zoom, TeamViewer, Google meet, Microsoft Teams, Discord, etc.

• Please note that even if we provide customizations outside the scope of complimentary support, we will not provide help to transfer these changes to a newer 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.

Price Changes

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.

Copyright Notice

All content and materials contained in OpenThinking products, including text, images, graphics, and other materials, are the property of OpenThinking 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.

Intellectual Property Notice

OpenThinking products, including all themes, plugins, and apps, are the intellectual property of OpenThinking. Any unauthorized reproduction, distribution, or transmission of these products is strictly prohibited. OpenThinking 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. Any use of these trademarks without the prior written permission of OpenThinking 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.