Terms of Service: Smart Theme

November 17, 2023

Platter uses the following Sub-Processors in conjunction with delivering the services:

ENTITY NAME
PURPOSE
ENTITY COUNTRY
Amazon Web Services
Cloud hosting provider
United States
Cloudflare, Inc.
Web application firewall
United States
Sendgrid, Inc.
Email delivery
United States
Stripe, Inc.
Payment processing
United States
Twilio, Inc.
Communications services
United States
Intercom
Customer support
United States
PipeDrive
Customer relationship management
United States
Vercel
Cloud hosting provider
United States
PlanetScale
Database management
United States
Supabase
Database management
United States
Airtable
Customer support
United States
Slack
Customer support
United States

Email kieran@platter.co to be notified of any changes to our sub-processors.

What is Smart Theme?

Smart Theme is an Online Store 2.0 theme for Shopify.

Purchasing

You may change the appearance of your Shopify store by purchasing a design template (known as a ‘theme') directly from Framework Labs & Marketing Inc. or via the Shopify theme store.

If you purchase any theme, you are licensed to use it for a single store only. You are free to transfer a theme to a second store only if you close your first store. To initiate a transfer of a theme to a second one of your stores, please email support@shopify.com.

You are not permitted to transfer or sell a theme to any other person’s store on Shopify or elsewhere. Multiple stores require multiple downloads and each download is subject to the applicable fee. Framework Labs & Marketing Inc. and Shopify give no assurance that a particular theme will remain available for additional downloads for an unlimited time.

Modifications

You may modify the theme to suit your store using the Shopify Theme Editor. Framework Labs & Marketing Inc. and Shopify may add or modify the footer that refers to Framework Labs & Marketing Inc. or Shopify at their discretion. Framework Labs & Marketing Inc. and Shopify may modify the theme where it contains, in their sole discretion, an element that may be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any person’s intellectual property, even if you received the theme in that condition. Framework Labs & Marketing Inc. and Shopify may modify the theme to reflect technical changes and updates as required.

If you purchase a theme subscription, you will be eligible for future updates to that theme at no additional charge unless your theme source code has been edited.

Framework Labs & Marketing Inc. is not responsible to repair any damage done to your theme by you or any other party if you attempt to modify it outside of updating and amending content via the Shopify admin system or standard Shopify Theme Editor. Any damage or interruption of services caused from amending of HTML, CSS, Liquid files and templates or any other framework files by you or any other party remain your responsibility.

Support

We are happy to provide basic CSS code and unlimited bug fixes. We can not offer any HTML/CSS development, app installations or layout changes without completion of a managed service agreement in addition to the Terms of Service outlined on this page (https://smarttheme.com/smart-theme-terms-and-conditions).

For any work we consider to be outside of the scope of a support request, you will be charged at the rate outlined in your statement of work.

Any customizations or support work carried out by Framework Labs & Marketing Inc.  support are not guaranteed to have been fully tested and may require additional development time that is outside the scope of complementary support.

If you give Framework Labs & Marketing Inc. access to your store via a Store Account or a Staff Account, we shall not be liable for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise from us trying to carry out a support or customization request.

Technical support for the theme is the responsibility of Framework Labs & Marketing Inc. Technical support for the admin system, the general Shopify platform and running of your eCommerce store is the responsibility of Shopify. You can visit their support center at https://help.shopify.com/questions.

Framework Labs & Marketing Inc. is not responsible to repair any damage done to your theme by you or any other party if they attempt to modify it outside of updating/amending content via the Shopify admin system or standard theme editor. Any amending of HTML, CSS or Liquid files and templates or any other framework files by you or any other party remain your responsibility.

Installation and set up

It is your responsibility and not that of Framework Labs & Marketing Inc. or Shopify, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme.

If you wish to hire us to install your theme or set it up in a similar way to one of our preset demos then please contact us at help {at} platter.co for a quote.

Refunds

Our themes are classed as non-tangible irrevocable digital goods. Payments for themes are final and non-refundable.

Browser support

Our themes follow Shopify browser support requirements that are based on real browser activity across the Shopify platform. Find more information on this at https://shopify.dev/themes/store/requirements#8-browser-compatibility.

Third party plugins and apps

We don't guarantee that our themes will be compatible with third party plugins or apps from the Shopify App Store. Framework Labs & Marketing Inc. is not responsible for any bugs or problems with your theme that arise from the installation of third party plugins or apps from the Shopify App Store.

Warranty and limitation of liability

Framework Labs & Marketing Inc.’s Limitation of Liability is outlined in Section 8 of the Platter Terms of Service, located at https://www.platter.co/legal/platter-terms-of-service.

Framework Labs & Marketing Inc. is not responsible to repair any damage done to your theme by you or any other party if they attempt to modify it outside of updating/amending content via the Shopify admin system or standard theme editor. Any amending of HTML, CSS or Liquid files and templates or any other framework files by you or any other party remain your responsibility.

Time of payment, invoices, and late-payment Charges

In the event the Client and Contractor sign a Statement of Work (SOW) in addition to the Terms of Service hosted at https://www.platter.co/legal/platter-terms-of-service,

the Client shall pay Contractor for the work performed as set forth on the applicable SOW.

In no event will any payment under the SOW agreement be contingent on receipt of any monies or other compensation by the Client. Each invoice is due and payable on its invoice date unless otherwise mutually agreed by the parties in writing. All rights of the Client herein are conditioned on Contractor’s receipt of full payment.

In addition, the Contractor may suspend performance of services and withhold delivery of materials until payment is paid in full. Contractor shall not be liable for any damages, losses or liabilities that may arise out of Contractor’s suspension of performance and/or withholding of materials due to Client’s non-payment. Any late payment shall be subject to any costs of collection (including reasonable legal fees) and shall bear interest at the rate of 1.5% per month or fraction thereof until paid.

Term and termination.

In the event the Client and Contractor sign a Statement of Work (SOW) in addition to the Terms of Service hosted at https://www.platter.co/legal/platter-terms-of-service, this agreement will be effective from the date of signature and will remain in force until the end of the minimum contract term specified in the SOW or until terminated by either party, whichever occurs later. 

In the event of early termination by the Client before the minimum contract term, the Client is obligated to pay the full remaining amount for the contract duration.