Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Shand Enterprises LLC, doing business as scaled.info ("Company," "we," "us," or "our"), concerning your access to and use of our website, products, and services.

By purchasing, downloading, or using our Shopify themes and related services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our services.

IMPORTANT: These Terms include a strict no-refund policy, usage restrictions, and license limitations. Please read carefully before making a purchase.

2. Eligibility

By using our services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into a binding contract
• You are not prohibited from using our services under applicable law
• All information you provide is accurate, current, and complete
• You will maintain the accuracy of such information

3. Products and Services

3.1. Theme Products

We offer Shopify theme templates in two tiers:

• Lite Theme ($179): Single-store license with basic features and email support
• Pro Theme ($379): Five-store license with advanced features, vendor access, video guides, priority support, and community access

3.2. Digital Delivery

Upon successful payment:

• You will receive a unique license key via email
• Access to theme files and resources will be provided through our customer portal
• Delivery is instant and irrevocable upon purchase completion
• You are responsible for downloading and securing your theme files

4. License Grant and Restrictions

4.1. License Scope

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Lite Theme: Use the theme on one (1) Shopify store
• Pro Theme: Use the theme on up to five (5) Shopify stores
• Customize the theme for your own business purposes
• Receive lifetime updates to the theme

4.2. License Restrictions

You expressly agree that you will NOT:

• Resell, redistribute, sublicense, or transfer the theme to any third party
• Share your license key with others or use it on more stores than permitted
• Claim ownership or authorship of the theme
• Remove or alter any copyright notices, branding, or attribution
• Use the theme to create competing products or services
• Reverse engineer, decompile, or disassemble the theme code (except as permitted by law)
• Use the theme in any manner that violates applicable laws or regulations
• Exceed the number of stores permitted by your license type

4.3. Prohibited Uses

You may NOT use our theme for stores that sell or promote:

• Illegal products, services, or activities
• Counterfeit goods or trademark-infringing products
• Stolen merchandise or goods obtained through illegal means
• Controlled substances, illegal drugs, or drug paraphernalia
• Weapons, explosives, or ammunition (where prohibited by law)
• Adult content, pornography, or explicit sexual material
• Content that promotes hate speech, violence, or discrimination
• Fraudulent schemes, pyramid schemes, or multi-level marketing scams
• Services that violate intellectual property rights
• Any products or services prohibited by Shopify's Acceptable Use Policy

4.4. License Enforcement

We reserve the right to monitor license usage and take action against violations, including license revocation, account termination, and legal action. Violation of license terms may result in immediate termination without refund.

5. Payment Terms

5.1. Pricing and Payment

• All prices are listed in U.S. Dollars (USD)
• Payment is processed securely through Stripe
• You must provide accurate and complete payment information
• Payment must be received in full before product delivery
• All sales are final and non-refundable (see Section 6)

5.2. Taxes

You are responsible for all applicable taxes, duties, and government assessments. Prices do not include taxes unless explicitly stated. We may collect applicable sales tax based on your billing location.

6. No Refund Policy

6.1. Policy Rationale

Due to the nature of our digital goods and services, which are delivered instantly and irrevocably upon purchase, we maintain a zero-tolerance policy towards refunds. This policy is upheld to protect the integrity and value of our products and services.

6.2. No Exceptions

No refunds will be issued for:

• Change of mind or buyer's remorse
• Lack of technical knowledge or incompatibility with your system
• Failure to use the theme or access the product
• Violation of license terms resulting in account termination
• Disputes with payment processors or chargebacks
• Any other reason, including exceptional circumstances

6.3. Pre-Purchase Review

We strongly encourage you to review all product information, screenshots, feature lists, and licensing terms before making a purchase. By completing your purchase, you acknowledge that you have reviewed all relevant information and accept our no-refund policy.

7. Customer Support

7.1. Support Availability

• Support Hours: Monday - Saturday, 9:00 AM - 5:00 PM EST
• Support Email: shopify@scaled.info
• Response Time: We aim to respond within 24-48 business hours
• Pro Theme: Receives priority support with faster response times

7.2. Support Scope

Support includes:

• Theme installation guidance
• Bug fixes and technical issues
• Basic customization advice
• License and account assistance

Support does NOT include:

• Custom development or extensive theme modifications
• Third-party app integration or troubleshooting
• General Shopify training or business consulting
• Issues caused by unauthorized theme modifications

8. Intellectual Property Rights

8.1. Ownership

All intellectual property rights in our themes, including but not limited to code, design, graphics, text, and documentation, are owned by or licensed to Shand Enterprises LLC. Your purchase grants you a license to use the theme as specified in Section 4, but does not transfer ownership.

8.2. Trademarks

"scaled.info" and associated logos are trademarks of Shand Enterprises LLC. You may not use our trademarks without prior written permission.

8.3. Copyright

Our themes are protected by copyright law. Unauthorized reproduction, distribution, or modification beyond the scope of your license is prohibited and may result in legal action.

9. Warranties and Disclaimers

9.1. Limited Warranty

We warrant that our themes will substantially conform to their descriptions for a period of 30 days from purchase. Our sole obligation under this warranty is to correct any material defects or provide reasonable support to resolve issues.

9.2. Disclaimer of Warranties

9.3. Results Disclaimer

We make no guarantees about your business success, sales performance, or revenue generation. Testimonials and case studies represent individual results and do not guarantee similar outcomes for your business.

10. Limitation of Liability

11. Indemnification

You agree to indemnify, defend, and hold harmless Shand Enterprises LLC and its affiliates from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from: (a) your use of our themes; (b) your violation of these Terms; (c) your violation of any law or third-party rights; (d) content you post on your store; or (e) unauthorized use of your license.

12. Termination

12.1. Termination by Us

We may terminate or suspend your license immediately, without notice, for:

• Violation of these Terms
• Fraudulent activity or payment disputes
• Use of the theme for prohibited purposes
• Exceeding license limitations
• Any conduct we deem harmful to our business or other users

12.2. Effect of Termination

Upon termination, you must immediately cease using the theme and delete all copies from your systems. No refunds will be issued for terminations due to Terms violations. Sections of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, and limitations of liability.

13. Updates and Modifications

13.1. Theme Updates

We may release updates, enhancements, or new versions of our themes. Updates are provided at our discretion and may include bug fixes, security patches, or new features. You are entitled to lifetime updates for your purchased theme.

13.2. Terms Modifications

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website with an updated "Last Updated" date. Your continued use of our services after changes constitutes acceptance of the modified Terms. Material changes will be communicated via email when possible.

14. Dispute Resolution

14.1. Informal Resolution

Before filing any formal dispute, you agree to contact us at shopify@scaled.info and attempt to resolve the issue informally. We will work in good faith to resolve disputes amicably.

14.2. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Shand Enterprises LLC is registered, without regard to conflict of law principles.

14.3. Jurisdiction and Venue

Any legal action or proceeding arising from these Terms shall be brought exclusively in the state or federal courts located in our jurisdiction, and you consent to the personal jurisdiction of such courts.

15. Miscellaneous Provisions

15.1. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Shand Enterprises LLC regarding your use of our services.

15.2. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15.3. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4. Assignment

You may not assign or transfer these Terms or your license without our prior written consent. We may assign our rights and obligations without restriction.

15.5. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, or governmental actions.