Legal notice

Designify Theme License Agreement

Last Updated: 29.10.2024

This Theme License Agreement (“Agreement”) governs your use of Designify themes (“Theme” or “Themes”) for Shopify. By purchasing, downloading, or using our Themes, you agree to comply with the terms outlined in this Agreement.

1. User Agreement & Consent

By installing, using, or purchasing this Theme, you acknowledge that you have read, understood, and agreed to the terms in this License Agreement, as well as the Privacy Policy. If you do not agree, you must not use this Theme.

2. License Grant and Scope

  • This license grants you a non-exclusive, non-transferable right to use the Theme on a single Shopify store only, as permitted by the terms of this Agreement.

3. Usage and Attribution

  • Single-Store Use: Each purchased Theme license is limited to a single Shopify store. You may not use the Theme on multiple stores or transfer it to other stores without purchasing additional licenses.
  • Attribution Requirement: If you modify and redistribute the Theme’s code, you are required to credit Designify as the original developer. Private modifications for personal use do not require attribution.

4. Protection Measures and Agreement Integrity

  • Enforcement Mechanisms: This Theme includes built-in measures designed to verify and maintain its authenticity. Any attempt to disable, modify, or interfere with these measures will result in immediate termination of this license.
  • Agreement Reference: A reference to this Theme License Agreement is included within the Theme’s code and must remain visible and accessible at all times. Concealing or altering this reference is strictly prohibited.
  • Console Identification Signature: Designify incorporates a unique console ASCII art that serves as an authenticity reference. This must remain intact and unaltered.

5. Ownership and Copyright

  • Intellectual Property: Designify retains full ownership of all intellectual property rights in and to the Theme, including original code, licensing system, and any modifications. You acquire no ownership rights by using the Theme.

6. Restrictions on Redistribution and Modification

  • Redistribution: Redistribution, modification, or resale of the Theme, whether modified or unmodified, without Designify’s express written consent is prohibited.
  • Unauthorized Sale or Distribution: Any unauthorized resale or distribution of the Theme or derivative works based on it is strictly forbidden.

7. Termination of License

  • Termination for Breach: Any violation of this Agreement, including removal or modification of the licensing system, will result in immediate termination of this license, and you will be required to cease all usage of the Theme.

8. Liability and Indemnification

  • Limited Liability: Designify is not liable for any damages or losses resulting from the use or inability to use the Theme.
  • Indemnification: By using the Theme, you agree to indemnify and hold Designify harmless against any claims arising from your use, distribution, or modification of the Theme.

9. Data Collection & Privacy

  • To protect against unauthorized theme distribution, Designify may collect and store the Shopify Store ID and admin email address of the store where the Theme is activated.
  • This data is strictly used for license verification and enforcement, as permitted by Shopify’s policies.
  • The collected data is never shared, sold, or used for marketing purposes and is stored securely for the duration necessary to validate theme usage.
  • By using this Theme, you consent to this data collection for security purposes. If you wish to dispute or remove your data, contact legal@bydesignify.com.

10. Changes to the License Agreement

  • Modification Rights: Designify reserves the right to update this Agreement. Notice of significant changes will be posted on our website, and continued use of the Theme following such updates constitutes acceptance of the modified terms.

11. Legal Jurisdiction & Dispute Resolution

  • This License Agreement is governed by the laws of Dubai. Any disputes arising from this Agreement will be resolved in the courts of Dubai.

11. Contact Information

  • For any questions about this License Agreement or to request additional permissions, please contact us at legal@bydesignify.com.

Designify Service Level Agreement (DSLA)

Last Updated: 29.10.2024

This Service Level Agreement (“DSLA”) describes the service expectations, support coverage, and response commitments provided by Designify (“we,” “us,” or “our”) for our digital products and custom services. By purchasing or using our services, you agree to the terms of this DSLA.

1. Scope of Services

This DSLA covers:

  • Support for Designify Themes: Assistance with theme setup, troubleshooting, and basic usage guidance.
  • Support for Digital Assets: Assistance with accessing, downloading, and technical issues directly related to Designify digital assets (e.g., mockup packs, SFX/GFX products).
  • Custom Services Support: Ongoing support for custom projects (such as website design or logo design) during active project timelines, as defined in each specific service agreement.

2. Support Availability

  • Hours of Operation: Our support team is available Monday to Friday from 9:00 AM to 6:00 PM (CET - Central European Time, Berlin). Requests received outside of these hours will be addressed on the following business day.
  • Response Times: We aim to respond to support inquiries within 24 hours during our hours of operation. Response times may vary based on the complexity of the issue.

3. Refund Policy

  • All sales of Designify Themes are final. Due to the digital nature of our products, we do not provide refunds unless a defect in the Theme prevents installation or basic functionality.
  • If you encounter technical issues, please contact support@bydesignify.com, and we will attempt to resolve the problem before considering a refund request.

4. Issue Resolution Timeframes

  • Standard Requests: Most requests, such as general questions or minor technical issues, will be resolved within 1–2 business days.
  • Complex Issues: Issues requiring in-depth investigation or development work may take longer to resolve. We will communicate expected resolution times and keep you updated on progress.

5. Exclusions and Limitations

This DSLA does not cover:

  • Third-Party Issues: We cannot address issues caused by third-party software, plugins, or services.
  • Modifications by Client: Support is limited to the original, unmodified versions of our products. We cannot guarantee support for products that have been altered or customized outside of Designify.
  • Incompatible Environments: We cannot guarantee support for environments outside those specified in the product descriptions (e.g., unsupported browsers or outdated Shopify versions).

6. Client Responsibilities

To receive effective support, clients are expected to:

  • Provide Accurate Information: Describe issues clearly, including steps to reproduce, relevant screenshots, or error messages, as applicable.
  • Maintain Updated Environments: Ensure your software, browsers, and systems are up to date to minimize compatibility issues.
  • Follow Our Guidance: Cooperate with our support team’s instructions to resolve issues efficiently.

7. Amendments to the DSLA

Designify reserves the right to amend this DSLA as needed. We will notify you of significant changes by posting an update on our website. Your continued use of our services after changes are posted constitutes acceptance of the revised SLA.

8. Contacting Support

For support inquiries, please reach out to us at support@bydesignify.com. We’re here to help!

Designify Intellectual Property Notice

Last Updated: 29.10.2024

All content provided by Designify, including themes, digital products, custom designs, and associated materials (collectively, the “Content”), is protected by copyright, trademark, and other applicable intellectual property laws. By purchasing or using our Content, you acknowledge and agree to the following:

1. Ownership of Intellectual Property

  • Designify retains full ownership of all intellectual property rights in and to the Content. This includes, but is not limited to, original code, graphics, text, logos, designs, and any modifications or enhancements.

2. Limited License to Use

  • Upon purchase or use, you are granted a limited, non-exclusive, non-transferable license to use the Content solely for its intended purpose, such as displaying a purchased theme on a single Shopify store. This license does not transfer any ownership rights to you.

3. Trademark Protection

  • All Designify logos, names, and trademarks are the exclusive property of Designify. Any use of Designify’s trademarks, without prior written consent, is prohibited and may constitute infringement.

4. Restrictions on Use

  • Modification and Distribution: You may not modify, distribute, resell, or publicly display any part of the Content without explicit written permission from Designify.
  • Reverse Engineering: Attempting to reverse engineer, decompile, or extract source code from any part of the Content is strictly prohibited.
  • Unauthorized Licensing: The Content may not be sublicensed, transferred, or otherwise distributed to third parties.

5. Violations

  • Unauthorized use of the Content or any infringement of Designify’s intellectual property rights may result in immediate termination of your license and potential legal action.

6. Reporting Piracy

  • Designify is committed to protecting its intellectual property rights. If you encounter any unauthorized use or distribution of Designify products, please report it through our Piracy Prevention Form.
  • Alternatively, for related issues or if you’re unable to use the form, you may contact us via email at report@bydesignify.com.
  • Verified reports of piracy may be eligible for a reward, such as discounts on future purchases or other benefits. Rewards are granted at Designify’s discretion after verifying the report.

For any questions or requests regarding our intellectual property rights, please contact us at legal@bydesignify.com.

Credits for Designify Theme Foundations (CfDTF)

1. Foundations for Designify Themes

  • Our themes are built on inspirations developed by FKXMEDIA, Trapic Motion and Eyecey, whose expertise and dedication have provided an exceptional starting point for our creations. While Eyecey’s license suggests giving credit, this acknowledgment is provided voluntarily for FKXMEDIA and Trapic Motion and reflects our appreciation and respect for both of their contributions.