Smart Theme is an Online Store 2.0 theme for Shopify.
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.
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.
The intellectual property rights of the theme remain the property of Framework Labs & Marketing Inc.. If you exceed the rights granted by your purchase of a theme, Framework Labs & Marketing Inc. and/or Shopify may take legal action against you, and Shopify may take administrative action such as modifying your store or closing your store.
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 a rate agreed before commencing 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 the 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.
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 support {at} frameworklabs.com for a quote.
Our themes are classed as non-tangible irrevocable digital goods. Payments for themes are final and non-refundable.
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.
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.
Framework Labs & Marketing Inc. 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 out of or in connection with using one of our themes.
Framework Labs & Marketing Inc. total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with this theme shall be limited to the amount actually received by Framework Labs & Marketing Inc. for the theme and associated services when it was first purchased.
Framework Labs & Marketing Inc. is not responsible to repair any damage done to your theme by the 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.
In the event the Client and Contractor sign a Statement of Work (SOW) in addition to the Terms & Conditions outlined above, 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. 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.
If the Client and Contractor sign a Statement of Work (SOW) in addition to the previously mentioned Terms & Conditions, 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. After the minimum contract term, either party can terminate the agreement with a written notice of thirty (30) days. 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.
