Terms and Conditions

1. Single Shop License

Themes are licensed to use for a single store only, whether the themes are published or not. 

You are not permitted to transfer or sell a Theme to any other person’s store on Shopify or elsewhere.

You may modify the Theme to suit your store. Shopify may add or modify the footer that refers to Shopify at its discretion. The intellectual property rights of the Theme remain the property of Out of the Sandbox Inc.

You may not share, resell, barter, trade or give away Out of the Sandbox code in whole or part, with or without modification to any third party. If Out of the Sandbox discovers unauthorized distribution of its intellectual property, the original license may be voided without refund and all stores using the original code or unauthorized copies must cease using them immediately.

Out of the Sandbox reserves the right to cancel any license, at its sole and final discretion, and without refund. 

You are free to transfer a Theme to a second one of your own stores if you close your first store. Transferring a theme license may require contacting support, so please allow 1-3 business days for processing. 

2. Theme Updates

Our themes are designed to provide an optimized experience on a wide range of devices. While we do our best to ensure that our themes are completely bug free on every device, we will inevitably overlook bugs on occasion. We encourage you to report any issues in our Support Center. We will address as many issues as possible and release updates to our themes as we see fit. If you purchase a theme, you will be eligible for future updates to that theme at no additional charge.

3. Technical Support

Our Support Center is an excellent resource for common theme questions and customization tips.

While Out of the Sandbox will, using its best efforts, provide limited technical support subject to our official support policy, which is incorporated herein, support is not guaranteed and Out of the Sandbox reserves the right to limit support at its sole and final discretion and without notice.

When creating a staff account for Out of the Sandbox support staff, you are authorizing us to use this login to diagnose, fix or analyze your Shopify account. We are not liable for any disclosures, changes, customizations, or alterations to your shop or its data that may result in lost profits or any special, incidental or consequential damages arising out of or in connection with our products or services, whether these changes are made by our team or through unauthorized access via the account.

For full details about technical support, please see the Out of the Sandbox support policy, which is incorporated herein.

4. Refund, Payment and Discount Policy

Since our themes are non-tangible irrevocable digital goods, all purchases are final and not refundable unless otherwise stated. 

All discount codes must be used at time of purchase. No adjustments can be made after purchases are completed. Out of the Sandbox-issued discount codes valid only on outofthesandbox.com and not on the Shopify Theme Store (themes.shopify.com). 

Discount codes are non-transferrable, may be quantity controlled and subject to eligibility requirements. Limit one discount per order. Out of the Sandbox reserves the right to discontinue or modify any discount at any time without notice. 

Out of the Sandbox reserves the right to adjust orders or limit future support on theme purchase that have been found to be processed with ineligible discount codes.

For Turbo, you may request a refund within 14 calendar days of purchase for a full refund of the original purchase price. Customization support provided by Out of the Sandbox may void refund eligibility.

Please be aware that certain payment methods in certain jurisdictions may require additional time to clear and have your theme download released. In general, we recommend using a major credit card instead of bank transfers or electronic checks to avoid any delay.

Upon issuance of refund, the theme license will be voided and all copies of the theme must be deleted from Shopify stores, whether published or not. Limit one refund per customer or agency.

In the event a customer issues a chargeback against Out of the Sandbox, the theme license is immediately voided and the customer must delete any and all copies of the theme, whether in development or production status. If the result of the chargeback investigation is found to be in favor of Out of the Sandbox, Out of the Sandbox reserves the right to charge a fee to cover its costs associated with the chargeback.

Out of the Sandbox reserves the right, at its sole and final discretion, to revoke the license of any store owner at any time without notice upon providing a full refund of the original purchase price (less any discounts). In these situations, the theme must be removed from the merchant store and all electronic copies, including non-production and backups, be destroyed. 

All purchase prices are denominated in U.S. dollars. Purchases made using accounts that are domiciled in other countries made incur international transaction fees as outlined by the card issuer's terms and conditions. Out of the Sandbox has no control over such fees and cannot provide refunds or credits for these fees.

Because Out of the Sandbox is based in Canada, Canadian customers are subject to Canadian taxes.

The Shopify Theme Updater App Pro plan is limited to one free trial per store. Once a store has installed the pro plan once, subsequent installations will result in the monthly fee being charged. Pro plan subscription fees are nonrefundable.

Participation in the Out of the Sandbox affiliate program is subject to additional terms and conditions, which are incorporated herein.

5. Warranty and Limitation of Liability

You expressly understand and agree that Out of the Sandbox shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use our products. 

Our themes and apps are sold and provided "as is." We don't guarantee that they will function exactly as you wish or be compatible with third party plugins or apps from the Shopify App Store.

Neither Out of the Sandbox, nor any of our affiliates, independent contractors or employees will be liable or have responsibility, of any kind, for any loss or damage, of any kind, that you incur because of an interruption or failure of your website or use or misuse of our products. We will not be liable or have responsibility for any third-party attacks, viruses, or malicious software that may affect your website or your computer.

We cannot guarantee that our Shopify theme updater app will upgrade your store completely or that it will be error free.

Out of the Sandbox does not guarantee that its themes are compliant with any local, national or international laws or regulations, including but not limited to the Americans with Disabilities Act, General Data Protection Regulation or Children's Online Privacy Protection Act. By purchasing or using Out of the Sandbox themes, you are accepting sole responsibility for compliance with any laws or regulations. Out of the Sandbox cannot advise store owners on compliance issues.

6. Content Disclaimer

Out of the Sandbox provides a variety of complimentary content that offers various advice on a wide variety of subjects, including themes, design, coding and business best practices.

Although reasonable efforts have been made to ensure the accuracy and completeness of this content, Out of the Sandbox provides this content "as is" and expressly disclaims any warranties, to the fullest extent possible by law, including but limited to warranty of fitness or merchantability.

The use of any advice contained herein as at your own risk and Out of the Sandbox is not responsible for results or lack of results, including but not limited to loss of business or inability to conduct business, that may result as a result of use or non use of portions or all of content provided.

Out of the Sandbox is not an expert in legal, tax, accounting or business practices and content provided should not be construed as professional advice. Always consult a qualified expert for advice in such matters. 

Out of the Sandbox does not approve, condone or endorse the products, services or other content on stores that use Out of the Sandbox themes. 

7. Browser and Device Compatibility

Although we do not guarantee compatibility on any device or browser, we strive to build our themes to be compatible with the most common modern browsers including the latest versions of Firefox, Safari, Chrome, Microsoft Edge and Internet Explorer 10 and 11, though, in many cases, not all features will be available in Internet Explorer browsers. We also test our themes on various mobile, tablet, and desktop devices.

We are also unable to guarantee that our themes will pass W3C, Google PageSpeed Insights or other validation services.

Any device or browser specific problems should be reported in our Support Center.

8. Governing Law

All disputes arising from the use or non-use of Out of the Sandbox products and interpretation of any or all agreements herein will be governed by the laws of Canada, province of Ontario. In all cases, Out of the Sandbox's liability will be limited to the total purchase price and without regard to consequential or punitive damages.

9. Privacy

For Out of the Sandbox's privacy policy, which is incorporated herein, see this page: https://www.outofthesandbox.com/pages/privacy.

10. Changes

We reserve the right to make changes to our terms and conditions or our prices without notice. Where allowed by law, changes made to our terms and conditions become retroactively applied to all customers, no matter when the purchase was processed. Our most current terms and conditions can be found at http://outofthesandbox.com/pages/terms.

11. Trademark Statement

The following marks, related marks, logos and trade dress are marks of Out of the Sandbox Inc.:

  • Out of the Sandbox
  • Sandbox
  • OOTSB
  • OOTS
  • "The most popular Shopify themes ever."
  • Parallax
  • Responsive
  • Retina
  • Mobilia
  • Artisan
  • Turbo
  • Portland
  • Florence
  • Seoul
  • Chicago
  • Barcelona
  • Victoria
  • Phoenix
  • Aspen
  • Los Angeles
  • Madrid
  • Vienna
  • Austin
  • Amsterdam
  • Melbourne 
  • Montreal
  • Milan
  • Tokyo
  • Sydney
  • Napa
  • New York
  • London
  • Paris
  • San Fransisco 
  • Dubai

Revision Date: May 24, 2018

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The Parallax theme ticks all the boxes. Great features, easy to customise, fantastic theme support. Love it!

Mista Matcha, Parallax Theme

Not only do I like working with this theme but the team behind Out of the Sandbox is incredible. They are always there for implementation support or any questions I have about using the theme.

Melanie Audrey, Parallax Theme

Customer support is excellent and I wish they were customer support for daily life - they're actually helpful and don't make you feel silly for asking a question, and quick to respond! We're extremely happy with Responsive and Out of the Sandbox.

Pacific Northfresh, Responsive Theme

The support is unbelievably helpful. They responded to my email quickly and were able to help me accomplish everything I was looking to do with the template. I couldn't be happier with it - it was definitely a great investment.

Manhattan Project, Responsive Theme