Vino Theme + Power Up Terms & Conditions
These supplemental terms apply specifically to the Vino Theme + Power Ups bundle (the “Product”) and operate in addition to the Pixel Union Terms & Conditions.
If there is any conflict between these supplemental terms and the Pixel Union Terms & Conditions, the Pixel Union Terms & Conditions govern unless expressly stated otherwise.
By purchasing, accessing, installing, or using the Product, you agree to these supplemental terms. If you do not agree, do not use the Product.
1. Definitions
a. “Bundle” means the Vino Theme and the Power Up product combined.
b. “Theme” means the Shopify theme included in your bundle (e.g., Vino).
c. “Power Up” means a configuration package designed for a specific industry, including presets, demo content, templates, assets, documentation, and recommended app integrations.
d. “End Product” means one live Shopify store using the Theme with or without the Power Up.
e. “Partner Apps” means all third-party applications, services, trials, discounts, or credits included within or recommended by the bundle.
f. “Merchant” or “You” means the purchaser or client using the End Product.
2. License and Use
a. One bundle purchase grants one Theme license for one End Product on one Shopify store or domain.
b. Modifications are permitted solely for your licensed store.
c. You may not redistribute, resell, sublicense, or share Theme or Power Up files, presets, configuration materials, documentation, or internal development tools.
d. Agencies may install the Product on behalf of a client, and the license transfers to the client upon hand-off.
e. The Power Up is licensed for use on a single End Product only and is non-transferable.
f. If the Vino Theme license is transferred to a new store, the Power Up license does not transfer, and a new Power Up license must be purchased for the new store should you wish to continue using it.
g. Because Power Ups are delivered as configuration, assets, presets, and documentation, they are not technically restricted to a single domain; however, by accepting these Terms, you agree that you will use the Power Up solely within the single End Product for which it was purchased.
h. Any reuse, reinstallation, replication, or adaptation of Power Up materials on another store, domain, or merchant account constitutes a material breach of these Terms.
3. Power Up Scope
a. The Power Up provides configuration layers including presets, templates, demo content, assets, and supporting documentation.
b. The Power Up inherits the licensing restrictions of the Theme.
c. You are responsible for replacing all demo content and ensuring you possess lawful rights to all uploaded branding, product media, and related materials.
4. Partner Apps
a. Partner Apps are governed solely by the respective provider’s terms, pricing, billing, privacy policies, and support processes.
b. Pixel Union has no control over Partner App features, eligibility, plan tiers, pricing, uptime, compatibility, or promotional offers.
c. Marketing references to potential savings, including statements such as “up to X percent savings in the first 3 months,” are illustrative only and depend on your selections and partner eligibility.
d. You are responsible for installing, enabling, approving charges, and managing Partner App subscriptions directly with each provider.
e. Certain Partner Apps, partner offerings, resources, features, or configurations included in or recommended as part of the Product may require specific Shopify plan capabilities to function as intended. It is your responsibility to understand the limitations and features of your own Shopify subscription before purchasing the Product.
f. Pixel Union does not guarantee that any Partner App, feature, or configuration will be available or fully functional on your store if your Shopify plan does not support the required capabilities.
g. Pixel Union is not responsible for any limitations, incompatibilities, or lack of functionality arising from the Shopify plan level you have selected.
h. No refunds or credits will be issued due to incompatibility resulting from your Shopify subscription tier or the capabilities of your plan.
i. By accepting these Terms, you acknowledge that you are solely responsible for verifying whether your store’s Shopify plan supports any Partner App, feature, or configuration included in or recommended by the Product.
5. Updates and Compatibility
a. You receive Theme updates released during the Theme’s commercial lifespan.
b. The Power Up aims to remain compatible with the most recent Theme version; however, changes by Shopify or Partner Apps may require configuration adjustments.
c. Supported browsers follow Pixel Union’s general supported browser policy.
6. Support
a. Included support covers installation questions, default Theme features, documented settings, and Power Up guidance.
b. Excluded support includes:
i. custom development or custom code,
ii. Partner App troubleshooting,
iii. data migration or content entry, and
iv. debugging non-standard modifications or conflicts between third-party apps.
v. Partner App issues must be directed to the respective provider.
7. Acceptable Use and Compliance
a. You must comply with Shopify’s Acceptable Use Policy.
b. You must comply with all applicable laws and regulations.
c. You must comply with all Partner App terms, billing requirements, and operating conditions.
d. Merchants selling regulated goods, including alcohol, are solely responsible for meeting all age-gating, shipping, tax, labeling, and regional compliance requirements.
8. Payments, Refunds, and Taxes
a. Refunds for the Theme portion of the bundle follow Pixel Union’s applicable theme refund policy.
b. The Power Up portion, including presets, configuration, assets, documentation, DevKit access, and concierge time, is non-refundable once delivered, installed, or accessible.
c. All Partner App trials, discounts, credits, and charges are non-refundable and must be handled directly with the respective provider.
i. Pricing, promotions, and eligibility may change at any time.
ii. Taxes apply based on your jurisdiction
9. Intellectual Property
a. Pixel Union retains all Intellectual Property Rights in the Theme, Power Up, presets, configuration assets, documentation, DevKit materials, and design files.
b. You receive a non-exclusive license to use and modify these materials within a single End Product only.
c. You may not remove, obscure, or alter any copyright notices.
10. Disclaimers
a. The Product is provided “as is.”
b. Pixel Union disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, completeness, and non-infringement.
c. Pixel Union does not warrant:
i. Partner App performance, uptime, compatibility, or continued availability,
ii. eligibility or continuity of promotional savings,
iii. specific performance or technical metrics including Core Web Vitals or Lighthouse scores, or
iv. legal compliance of your store configurations, content, or business operations.
11. Limitation of Liability
a. Pixel Union is not liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, data loss, goodwill loss, or business interruption.
b. Pixel Union’s total aggregate liability related to the Product is limited to the amount paid for the Theme portion of the bundle.
c. These limitations apply regardless of the legal theory under which a claim is made.
12. Termination
a. Pixel Union may suspend or terminate access to the Product if you materially breach these supplemental terms.
b. Upon termination, you must uninstall and remove the Theme and Power Up from all stores where installed.
13. DevKit and Design Materials
a. Any DevKit repository provided is optional, unsupported, may change or be withdrawn at any time, and may not remain backward-compatible.
b. Any Figma or design file provided is illustrative only and does not represent exact parity with Theme features or Partner App states.
c. Figma materials do not constitute a specification or statement of work.
14. Promotional Savings Examples
a. Promotional savings references, including “up to 96 percent savings in the first 3 months,” are illustrative only.
b. Actual savings depend on:
i. apps selected,
ii. plan tiers,
iii. regional pricing,
iv. partner eligibility, and
v. partner promotional changes.
c. Partners may modify or withdraw promotional offers at any time.
15. Asset Licensing and Third-Party IP
a. Demo content, images, icons, maps, and any bundled assets are licensed for in-storefront use within your single End Product only.
b. You may not extract, reuse, redistribute, or repackage bundled assets outside your store.
c. Certain assets may require attribution or be governed by provider-specific terms.
16. License Scope, Environments, and Transfer
a. One license may be used on one production store and unlimited development or preview environments.
b. A license may transfer once if the same business or domain is acquired or merged.
c. Licenses may not be transferred between unrelated businesses or separate clients.
17. Privacy and Data
a. Pixel Union does not control or process data collected by Partner Apps.
b. You are responsible for obtaining all necessary end-user consents.
c. You must comply with all applicable privacy laws when using the Product.
d. You are responsible for all Shopify and Partner App data practices associated with your store.
18. Governing Law and Jurisdiction
a. These supplemental terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflicts of laws principles.
b. You consent to the exclusive jurisdiction of the courts of the Province of British Columbia for any dispute relating to the Product.
c. Pixel Union may seek injunctive relief in any jurisdiction.
d. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
19. Changes to These Supplemental Terms
a. Pixel Union may update these supplemental terms at any time.
b. Continued use of the Product following changes constitutes acceptance of the revised terms.
20. Contact
a. Pixel Union Design Ltd.
b. Suite 1800 – 510 West Georgia Street, Vancouver, BC, V6B 0M3, Canada
c. Email: info@pixelunion.net
This Terms & Conditions was last updated on December 12, 2025.