Terms of Service

Last updated: January 27, 2025

Introduction

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Shopify Theme Detector ("Company," "we," "our," or "us") governing your use of our website and theme detection services (collectively, the "Services").

Our service provides free Shopify theme detection and identification by analyzing publicly available store information. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

Acceptance of Terms

Binding Agreement

By accessing our website or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

Age Requirements

You must be at least 13 years old to use our Services. If you are under 18, you may only use our Services with the involvement and consent of a parent or guardian.

Authority to Accept

If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

Description of Services

Core Services

We provide a free web-based service that includes:

• Shopify theme detection and identification
• Analysis of publicly available store information
• Theme information and specifications display
• Links to official theme sources where available
• Web-based interface for easy access

Service Availability

Our Services are provided over the internet and are generally available 24/7, subject to maintenance, updates, and technical issues beyond our control.

Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Services at any time. Since our service is free, we will make reasonable efforts to provide notice of significant changes.

Use of Services

No Account Required

Our theme detection service does not require user registration or account creation. You can use our service by simply visiting our website and entering store URLs for analysis.

User Responsibilities

When using our service, you are responsible for:

• Ensuring you have the right to analyze the stores you submit
• Using the service in compliance with applicable laws
• Not attempting to abuse or overload our systems
• Respecting the intellectual property rights of theme creators

Free Service

Service Offering

Our Shopify theme detection service is provided free of charge. There are no subscription fees, billing, or payment processing involved.

No Refunds Applicable

Since our service is free, refund policies do not apply. However, we are committed to providing accurate and reliable theme detection results.

Acceptable Use Policy

Permitted Uses

You may use our service to:

• Detect themes used by Shopify stores for research purposes
• Analyze store designs for competitive research
• Identify themes for your own store development
• Learn about Shopify theme trends and patterns

Prohibited Uses

You may not use our service to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Attempt to reverse engineer or copy protected theme code
• Overload our systems with excessive automated requests
• Use the service for any illegal or harmful purposes
• Harass, abuse, or harm other users or third parties

Data and Privacy

Information Processing

• Store URLs: We process store URLs you submit temporarily to provide theme detection results
• No Data Storage: We do not permanently store the store URLs or detection results
• Privacy Compliance: We process information in accordance with our Privacy Policy and applicable privacy laws
• Security Measures: We implement appropriate security measures to protect information during processing

Your Rights

• Data Control: You control what store URLs you submit for analysis
• Privacy Rights: You have rights regarding your personal information as outlined in our Privacy Policy
• Contact Us: You can contact us with any privacy or data-related questions

Third-Party Services

Web Infrastructure

We use third-party services for:

• Web Hosting: To provide reliable access to our service
• Content Delivery: To ensure fast loading times globally
• Security Services: To protect against malicious activity

Analytics (Optional)

• Usage Analytics: We may use analytics services to understand how our service is used
• Privacy-Focused: Any analytics used are designed to respect user privacy
• Opt-Out Available: Users can typically opt-out through browser settings

Third-Party Responsibility

• We are not responsible for the availability, functionality, or policies of third-party services
• Changes to third-party services may affect our Services
• You agree to comply with applicable third-party terms when using our service

Service Limitations and Disclaimers

Service Accuracy

• Best Effort: We strive to provide accurate theme detection results but cannot guarantee 100% accuracy
• Public Information: Our detection is based on publicly available information and may not capture all theme modifications
• Verification: Users should verify important information independently

Service Availability

• Uptime: We aim for high availability but do not guarantee uninterrupted service
• Maintenance: Service may be temporarily unavailable for maintenance and updates
• Technical Issues: We are not liable for service interruptions due to technical problems beyond our control

Content Moderation

• We reserve the right to monitor usage and prevent abuse of our service
• We may implement rate limiting to ensure fair usage for all users
• We may block access from sources that attempt to abuse our systems

Intellectual Property Rights

Our Intellectual Property

• Service Ownership: We own all rights, title, and interest in our Services, including software, designs, trademarks, and proprietary detection technology
• License to Use: We grant you a limited, non-exclusive, non-transferable license to use our Services according to these Terms
• Restrictions: You may not copy, modify, distribute, or create derivative works of our proprietary technology

Third-Party Content

• Theme Information: We provide information about themes created by third parties for identification purposes only
• No Ownership Claims: We do not claim ownership of third-party themes or their intellectual property
• Respect Rights: Users must respect the intellectual property rights of theme creators and Shopify

Copyright Protection

• DMCA Compliance: We comply with the Digital Millennium Copyright Act
• Infringement Claims: If you believe your copyright has been infringed, contact us with a DMCA notice
• Theme Creator Rights: We respect the rights of theme creators and will respond to legitimate takedown requests

Privacy and Data Protection

Privacy Policy

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Data Processing

• Legal Basis: We process your data based on contract performance, legitimate interests, and consent where required
• International Transfers: Your data may be transferred to and processed in countries outside your residence
• Data Subject Rights: You have rights regarding your personal data as described in our Privacy Policy

Cookies and Tracking

Our use of cookies and similar technologies is described in our Cookie Policy, which is incorporated into these Terms by reference.

Service Availability and Support

Service Availability

• We strive to maintain high service availability but do not guarantee uninterrupted access
• Scheduled maintenance will be announced when possible
• We are not liable for service interruptions due to factors beyond our control

Customer Support

• Support Channels: Support is available through our website contact form
• Response Times: We aim to respond to support requests within 48-72 hours
• Support Scope: Support covers technical issues and general assistance with our theme detection service

Updates and Maintenance

• We regularly update our Services to improve detection accuracy and security
• Some updates may temporarily affect service availability
• We will make reasonable efforts to notify users of significant changes

Service Termination

Termination by Us

• We may terminate or suspend access to our service for violations of these Terms
• We may discontinue the service with reasonable notice to users
• Since our service is free, no refunds are applicable upon termination

Effect of Termination

Upon termination:

• Your access to the Services will be discontinued
• Any temporarily stored data will be deleted
• Provisions of these Terms that should survive will continue to apply

Disclaimers and Limitations of Liability

Service Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Guarantees of accuracy, reliability, or completeness of content
• Assurances of uninterrupted or error-free service

Detection Accuracy Disclaimers

• Best Effort: We strive to provide accurate theme detection but cannot guarantee 100% accuracy
• User Responsibility: You are responsible for verifying important information independently
• No Professional Advice: Our detection results should not be considered professional advice

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• Indirect Damages: Any indirect, incidental, special, consequential, or punitive damages
• Data Loss: Loss of data, profits, revenue, or business opportunities
• Service Interruptions: Damages resulting from service unavailability or interruptions
• Third-Party Actions: Actions or omissions of third-party service providers

Maximum Liability

Since our service is provided free of charge, our total liability to you for any claims arising from or related to these Terms or our Services shall not exceed $100.

Indemnification

You agree to indemnify, defend, and hold harmless Shopify Theme Detector, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another party
• Content you submit, post, or transmit through our Services

Dispute Resolution and Governing Law

Governing Law

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law provisions.

Dispute Resolution Process

Before filing any legal action, you agree to:

1. Direct Communication: Contact us directly to attempt to resolve the dispute
2. Good Faith Negotiation: Engage in good faith negotiations for at least 30 days
3. Mediation: If direct negotiation fails, participate in mediation if requested

Jurisdiction and Venue

For disputes that cannot be resolved through the above process, legal actions will be subject to the jurisdiction of competent courts as determined by applicable law.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding the use of our Services.

Severability

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

Assignment

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

No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, or internet service provider failures.

Survival

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Changes to These Terms

Modification Rights

We reserve the right to modify these Terms at any time. When we make changes:

• Notice: We will provide notice of material changes via email or prominent notice on our website
• Effective Date: Changes will take effect 30 days after notice is provided
• Continued Use: Your continued use of our Services after the effective date constitutes acceptance of the modified Terms

Version Control

• We will maintain version history of these Terms
• Previous versions will be available upon request
• The date of last modification will be indicated at the top of these Terms

Contact Information

If you have any questions about these Terms of Service, please contact us at [email protected].