Terms and Conditions

BY CLICKING “I ACCEPT,” DOWNLOADING, INSTALLING, PURCHASING 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

By using our products, you acknowledge and agree that OpenThinking is not liable for any direct or indirect damages — including, but not limited to, loss of profits, goodwill, data, or business disruption — resulting from the use or inability to use our themes or related services.

• All OpenThinking products are provided “AS IS”, without warranties of any kind, express or implied.
• Compatibility with third-party apps, scripts, or custom modifications is not guaranteed. Our themes are built and tested to work on a clean installation using their original, unmodified files.
• Browser support is not universal. You are responsible for testing browser compatibility using our official demo stores.
• OpenThinking themes may not fully comply with W3C, WCAG, Google PageSpeed Insights, or other validation/testing services.
• We do not guarantee compliance with accessibility standards or legal frameworks. You are solely responsible for ensuring your store meets any legal, regulatory, or technical requirements relevant to your region or industry.

We are committed to fixing verified issues related to default theme functionality. Any confirmed bugs will be addressed in future theme updates, available to all licensed customers. If an issue results from custom code or file modifications, we may provide guidance on how to restore the theme to its original state, but further support is not guaranteed.

OpenThinking does not guarantee that its themes comply with any local, national, or international laws — including but not limited to: the Americans with Disabilities Act (ADA), General Data Protection Regulation (GDPR), Children’s Online Privacy Protection Act (COPPA), or other accessibility, privacy, or e-commerce laws. You are fully responsible for ensuring your store is compliant with applicable laws in your region. We do not provide legal advice or compliance audits.

Support

1. OpenThinking themes are products; not services
2. OpenThinking’s support team is only able to provide assistance in English
3. We do not offer custom development, support modified code, or assist with features outside the theme’s default design
4. We are happy to assist you with the initial setup and configuration of your theme’s features, but we do not perform theme installation or store setup on your behalf
5. We do not offer assistance with theme upgrades or version migration.
6. We may accommodate customization questions at our discretion, but customization is not included as part of complimentary support
7. You are solely responsible for your store setup, product configuration, app usage, SEO, compliance, and third-party code. OpenThinking cannot be held liable for performance, ranking, sales, or outcomes resulting from your use of the theme
8. For urgent fixes, customizations, or extended setup needs, we recommend hiring a qualified Shopify Expert or developer
9. Other stores may display modified versions of our themes with custom features or apps. These are not part of your theme purchase and fall outside our support scope
10. Repeated misuse of support, excessive requests beyond scope, or inappropriate behavior will result in limited or revoked access to support services

The Support Services shall include:

• Assistance in English only
• Support delivered via email only
• Guidance on features available within the Shopify Theme Editor: Limited to native theme settings accessible through the standard Theme Editor interface
• Assistance configuring settings available within your theme: Help with theme-specific options and customization settings included with your purchase
• Clarification about theme functionality and technical capabilities: Information about what the theme can and cannot do within its default configuration
• Review and investigation of reproducible bugs: Only for issues affecting default theme functionality in an unmodified installation, without third-party apps, custom code, or any modifications to the theme files

The Support Services shall NOT include:

• Assistance with any store issue caused by misuse, negligence, or improper configuration
• Errors caused by third-party apps, custom code, or modified theme files
• Requests involving AI-generated code, tools, or content
• Design or layout changes outside of what’s possible via Theme Editor
• Tailored feature development or custom functionality
• Requests to recreate or migrate customizations to newer theme versions
• Theme installation, store setup, or troubleshooting of third-party tools
• Platform bugs or Shopify-specific issues unrelated to the theme
• SEO, schema, meta tag, GDPR, speed optimization, accessibility (WCAG), or validation tasks
• Technical support for outdated theme versions, updating to the latest version is required
• Assistance for agencies, developers, or contractors working on behalf of clients
• Live support through any channel: no chat, no Zoom, no Slack, no social DMs, no calls
• Any support request not initiated by the license-holding merchant
• Transferring or troubleshooting code not authored by OpenThinking
• Replication of features from third-party themes
• Restoration of deprecated theme behavior or legacy functionality
• Installation, configuration, or troubleshooting of third-party apps
• Integration with external platforms such as Google Analytics, Meta Pixel, Klaviyo, or other marketing tools
• Tutorials or guidance related to the Shopify admin interface or general Shopify functionality
• Debugging issues in third-party storefronts or modified OpenThinking themes observed on unrelated stores
• Unpublished, duplicate, or sandboxed theme versions not installed through the Shopify Theme Store
• Intervention in billing issues, refunds, theme licenses, or DMCA notices
• Requests made outside normal support hours or sent via unofficial channels (e.g., social media, personal email)

Some other important notes about our support:

• Support is provided on a first-come, first-served basis during business hours. We do not offer expedited or guaranteed response times.
• Estimated response times are just that — estimates. Actual reply times may vary based on volume or complexity.
• If you reply to an existing support ticket with a new, unrelated issue, it will be treated as a separate request. It may be subject to the standard 1–2 business day response time and handled independently.
• We are not responsible for missed responses due to email filtering or spam settings. It is your duty to check your inbox, spam folder, and email settings appropriately.
• To receive technical support, you may be required to provide proof of a valid, registered theme license. OpenThinking reserves the right to verify this at any time.
• OpenThinking reserves the right to limit, restrict, or withdraw support at our sole discretion — particularly in cases of abusive behavior, excessive requests, or violations of our support policy.

Limitation of Liability

By granting OpenThinking support staff access to your store (e.g., via a staff account), you acknowledge and agree that OpenThinking is not liable for any direct, indirect, incidental, or consequential damages, including loss of revenue or business disruption, arising from any actions taken during the course of support.

Any custom code or guidance provided by OpenThinking is offered on an “AS IS” basis and without warranty. Custom code is not guaranteed to be error-free, fully tested, or suitable for future theme versions or upgrades. It is provided as a courtesy and remains outside the scope of complimentary support.

Customizations made by OpenThinking support are considered temporary, experimental, and unsupported. Any issues arising from these changes are the merchant’s responsibility and may require further development or debugging that falls outside the scope of complimentary support.

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 included in OpenThinking products, including but not limited to theme code, templates, sections, Liquid files, JavaScript, CSS, text, images, and design elements, are the intellectual property of OpenThinking and are protected under United States and international copyright laws.

No part of these materials may be copied, reproduced, distributed, republished, uploaded, or transmitted in any form or by any means, including electronic or mechanical methods — without the prior written permission of OpenThinking.

Each theme license is valid for use on a single Shopify storefront only. Unauthorized use, duplication, or distribution of OpenThinking products is a violation of copyright law and subject to legal action.

Intellectual Property Notice

All OpenThinking products, including but not limited to the Bullet and Etheryx themes and their respective presets (Midnight, Vista, Quadrox, Ethereal and others), are the sole intellectual property of OpenThinking.

Any reproduction, distribution, resale, sub-licensing, modification, reverse-engineering, or unauthorized transmission of these products or any part thereof is strictly prohibited. This includes, but is not limited to, copying theme code, duplicating layout structures, or redistributing presets as derivative works.

OpenThinking retains all rights to its products, themes, presets, designs, documentation, branding, and underlying code. By purchasing or using any OpenThinking product, you agree to abide by the terms outlined in our license agreement, which permits use on a single Shopify storefront per license.

Violations of these terms may result in license termination and/or legal action. We take infringement seriously and actively monitor for unauthorized use.

This license is subject to Shopify’s official theme licensing policies. Redistribution of themes or presets, even if modified, is a violation of both OpenThinking and Shopify’s policies.

Trademark Notice

OpenThinking and the OpenThinking logo are registered or unregistered trademarks of OpenThinking. Any use, reproduction, or imitation of these trademarks, including in advertising, branding, promotional materials, or theme modifications — without prior written consent is strictly prohibited.

All other trademarks, service marks, product names, and company names or logos appearing on the OpenThinking website or within theme demo content are the property of their respective owners and are used for identification purposes only.

OpenThinking reserves the right to enforce its trademark rights to the fullest extent permitted by law.

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.