Terms and Conditions
OpenThinking retains all Intellectual Property Rights and all other proprietary rights to this individual theme and all 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 customer 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.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service/Themes/Plugins/Apps (“Feedback”), then you hereby grant OpenThinking an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service/Themes/Plugins/Apps and create other products and services.
You expressly understand and agree that OpenThinking shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use our products.
All OpenThinking themes and plugins/apps are provided “as is”, without warranty of any kind. We don’t guarantee that they will function exactly as you wish or be compatible with third party plugins or apps.
We do not guarantee that all OpenThinking themes and plugins/apps will work in all browsers. Browser compatibility should be tested against the demonstration pages on the demo server. Please ensure that the browsers you use will work with with the theme you’re purchasing before hand as we cannot guarantee that OpenThinking themes will work with all browsers combinations.
We are also unable to guarantee that our themes will pass W3C, Google PageSpeed Insights or other validation services.
We do not guarantee compatibility with any additional third-party plugins or scripts. OpenThinking themes and plugins/apps are guaranteed to function on a clean installation of or when activated without any changes. Once you modify any of the OpenThinking theme or plugin/app files or include third-party applications, we cannot guarantee that the products will work.
It is our commitment to fix any theme issue or bug as quickly as possible after they are brought to our attention. Once we determine that the issue is with the standard theme, we will provide you with a fix and proceed to update the theme for all customers to access. If there is an issue due to a modification to the default template files, we will advise on how to revert the theme back to the original.
OpenThinking does not 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 OpenThinking themes, you are accepting sole responsibility for compliance with any laws or regulations. OpenThinking cannot advise store owners on compliance issues.
- Our support team will happily assist you (but NOT install for you) with the initial installation of the theme and its features. Assistance with the manual installation of a theme updates, however, is not available.
- You are entitled to any Product Updates that OpenThinking releases for that theme/plugin/app, for the duration of the commercial lifespan of said theme/plugin/app.
- While our support team does its best to accommodate requests for customization help, this is not a service that we guarantee.
The scope of our support includes the following
- General questions about theme functionality and technical capabilities.
- Help with setting up theme features and configuring the theme settings.
- Any Shopify compatibility issues arising from a standard theme install.
Our support DOES NOT extend to
- Shopify administration or native Shopify functionality, which can be better answered by Shopify Support.
- Requests that are well documented either via the Shopify Help Center or our own help center.
- Phone, Skype, Facebook Messenger, live chat or other realtime support.
- New feature development or custom designs.
- Any errors related to theme customizations, either by third-party plugins, apps or template file modifications. We will advise reverting these customizations back to the original theme to restore the default functionality.
- Any installation, configuration or troubleshooting issues involving third party apps, including those in the official Shopify app store.
- Removing or updating customizations made to a theme, whether by OpenThinking or other parties.
- Design or layout changes beyond simple updates that can be made via the theme options.
- Upgrading themes, whether they have been customized or not.
- Search engine optimization (SEO) issues, set up or troubleshooting. All of our themes utilize SEO best practices that have been fully tested. Because SEO strategies and setups vary greatly, we are unable to provide support for micro data, schema tag, meta tag, canonical tag or indexing problems.
- Conversion rate optimization, business, legal or similar issues.
- Page speed or W3C validation or other validation or similar issues.
- Assistance installing or troubleshooting issues with Google Search Console, Google Merchant Center, Google Analytics, Google AdWords remarketing tags, Google Tag Manager, Facebook Pixels or other third party analytics or tracking code.
- Issues with Rich Snippets or Schema validation.
- Technical support for older versions of our themes may be limited. Upgrading to the latest version is always recommended and may be required for us to provide technical support.
- Legal or compliances issues such as accessibility, GDPR, COPPA, privacy or other similar matters.
- Customizations assistance for developers or designers being done for clients. It is the developer’s responsibility to be familiar with CSS, Liquid and other technical issues.
- We reserve the right to limit support to the end user of the theme only. Developers working on client projects should be aware of this and adjust any professional fees to cover the costs of any customizations that we cannot support.
- We reserve the right to limit support for customers with excessive inquiries, especially customization requests or questions that are documented elsewhere.
- English is our preferred language. If you send a request in another language, we will attempt to use an online translation service to translate your request, but our response will be in English.
- Please note that any custom code is written just for your store and may not have been fully tested and we are unable to guarantee it will be error free.
- Please note that even if we help with customizations, we cannot help transfer these changes to a new version of the theme should you decide to upgrade at a later time
Limitation of liability
When creating a staff account for OpenThinking support staff, we are not liable 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, whether these changes are made by our team or through unauthorized access via our account.
You also expressly understand and agree that 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.
OpenThinking reserves the right to modify the price of OpenThinking plans at any time. Such notice may be provided at any time by posting the changes to the OpenThinking website. OpenThinking users that renew yearly membership before the end of the current one will not be affected by the future price changes.
Copyright and Trade Mark Notices
All contents of the OpenThinking products and service are copyrighted © OpenThinking. All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of OpenThinking. Other product and company names may be trademarks or service marks of their respective owners.
Modification of these Terms
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modifications will become effective upon the earlier of (a) your acceptance of the modified Terms, (b) your use of the Service with actual knowledge of the modified Terms, or (c) thirty (30) days following our publication of the modified Terms through the Service. Except as expressly permitted in this Section 11, 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.