Terms of Sale

1. Who you are contracting with

The Hyperflow theme is sold by NG SCALE, a sole proprietorship registered in France under number 837 584 689, with its registered address at 311 Allée des Escalettes, 13300 Salon-de-Provence, France ("Hyperflow", "we", "us").

You can reach us at contact@hyperflowlabs.fr.

These Terms of Sale (the "Terms") apply to every purchase made through hyperflowlabs.fr. By placing an order, you confirm that you have read and accepted these Terms.

2. Definitions

• Theme: the Hyperflow Shopify theme, including its files, blocks, sections, templates, and documentation.
• Plan: the tier you purchase (Starter, Pro, or Agency), which determines how many Shopify stores you may run the Theme on at the same time and how many Credits are included.
• Account: your customer area, where you download the Theme, manage connected stores, and apply updates.
• AI Editor: the online service in your Account that composes and edits store pages for the Theme using an artificial intelligence model.
• Credits: units of use consumed by the AI Editor and the other AI-based features of your Account.
• Credit pack: an additional batch of Credits bought from your Account, with a single payment and no subscription.

3. What you are buying

You are buying a license to use a digital product. You are not buying ownership of the Theme, and no source code is assigned to you. The Theme is delivered as files you install on a Shopify store.

Every Plan also includes access to the AI Editor and a number of Credits, as set out in sections 4 and 14. You may buy additional Credits in Credit packs at any time.

Hyperflow is an independent product. It is not affiliated with, endorsed by, or sponsored by Shopify Inc.

4. Plans and store limits

Each Plan sets the number of Shopify stores that may run the Theme at the same time and the number of Credits included:

• Starter: one store at a time, with 400 Credits included.
• Pro: up to three stores at a time, with 800 Credits included.
• Agency: unlimited stores, with 1,200 Credits included.

Store slots are not permanently assigned. You may disconnect a store and connect a different one from your Account, as often as you like, at no extra cost. What the limit governs is how many stores run the Theme simultaneously.

5. License granted to you

Subject to your payment and to these Terms, we grant you a worldwide, non-exclusive, non-transferable, non-sublicensable license to install and use the Theme on the number of Shopify stores allowed by your Plan, for as long as you wish.

You may modify the Theme files for your own stores. You may use the Theme on stores you operate for clients, provided the number of simultaneous stores stays within your Plan and each client store is managed through your Account.

6. What you may not do

You may not:

• resell, redistribute, sublicense, lease, or give away the Theme files, in whole or in part, whether modified or not;
• publish the Theme, or a derivative of it, to the Shopify Theme Store or any other theme marketplace;
• share your Account credentials or your download links with anyone outside your organization;
• use the Theme to build a competing theme, template, or page builder;
• remove or obscure any copyright or attribution notice contained in the files.

We may suspend or terminate your license if you breach this section. See section 20.

7. Price and payment

Prices are displayed on the site in euros and are exclusive of any applicable tax. The price that applies is the one displayed at the moment you place your order.

Payment is a single charge, taken at checkout. We accept payment cards through Stripe.

Credit packs are sold at the price shown in your Account at the time of purchase. Each pack is a single charge and never renews.

We do not store your card details. Payments are processed by Stripe, Inc.

8. Taxes

You are responsible for any sales, use, VAT, or similar tax that applies to your purchase, unless we are required to collect it. Where we are required to collect tax, it is calculated at checkout and shown before you pay. If you buy as a business in the European Union and provide a valid VAT number, the reverse charge mechanism may apply.

9. Delivery

The Theme is delivered digitally and immediately after your payment is confirmed. Your Account is created with the email address you provide at checkout, and the Theme becomes available for download there right away.

The Credits included in your Plan are added to your Account when your access is activated. The Credits in a Credit pack are added to your Account once your payment is confirmed, and that addition constitutes delivery of the pack.

It is your responsibility to give a valid email address. If you do not receive access within a reasonable time, contact us and we will resolve it.

10. Right of withdrawal

This section applies if you buy as a consumer resident in the European Union, the European Economic Area or the United Kingdom, meaning outside your trade, business, craft or profession. It applies whichever language you order in: consumer protection follows your country of residence, not the version of this site you happen to use. If you buy as a business, or if you reside elsewhere, no statutory withdrawal right applies to your purchase and section 11 governs refunds.

As a consumer you have fourteen (14) days to withdraw from this contract without giving any reason. Because the Theme is digital content that is not supplied on a tangible medium, that period starts on the day the contract is concluded, which is the day we confirm your order, and not on a delivery date.

How this right ends early. The law allows the right to end before the fourteen days are over when digital content is supplied immediately, but only where two conditions are met together:

• you have given your prior express consent to us beginning supply during the withdrawal period; and
• you have acknowledged that you thereby lose your right of withdrawal.

We collect both at checkout. The confirmation box you tick before paying states that you request immediate access to the Theme, the AI Editor, and the included Credits, and that you lose your right of withdrawal once access is granted. We repeat both statements in the purchase confirmation email, which is your durable record of them. You cannot place an order without ticking that box, and no access is granted until you do. Until access is granted, your right of withdrawal is intact and you may exercise it as described below.

Credit packs. A Credit pack is also digital content, supplied as soon as its Credits are added to your Account. The same rule applies: your right of withdrawal ends early only if you gave your prior express consent to immediate supply and acknowledged that you would lose your right of withdrawal.

How to withdraw. Tell us your decision by an unambiguous statement, by email to contact@hyperflowlabs.fr or by post to NG SCALE, 311 Allée des Escalettes, 13300 Salon-de-Provence, France. You may use the model form below, but you are not obliged to. Sending your statement before the fourteen days expire is enough to meet the deadline.

If you withdraw. We reimburse all payments received from you without undue delay, and in any event within fourteen days of being informed of your decision. We use the same means of payment you used for the original transaction, and you incur no fees as a result.

Model withdrawal form. Complete and return this form only if you wish to withdraw from the contract.

To NG SCALE, 311 Allée des Escalettes, 13300 Salon-de-Provence, France, contact@hyperflowlabs.fr:
I hereby give notice that I withdraw from my contract for the supply of the Hyperflow theme / the Credit pack (delete as appropriate).
Ordered on: ____________________
Name of consumer: ____________________
Address of consumer: ____________________
Signature (only if this form is sent on paper): ____________________
Date: ____________________

11. Refunds

Once access has been granted, sales are final. Because the Theme and Credit packs are digital content delivered immediately, we do not offer refunds beyond that point, subject to section 10 and to your legal guarantees. Subject to the same exceptions, Credits, used or unused, are not refundable.

For your Plan, you acknowledge this at checkout by confirming that you request immediate access and that you lose your right of withdrawal once access is granted. Section 10 sets out that right in full, and when it ends.

Before you buy, you can explore every demo store online and ask us any question at contact@hyperflowlabs.fr. We would rather answer your questions first than sell you something that does not fit.

This section does not limit any right you may have under mandatory law in your jurisdiction, nor our obligations under section 17 if the Theme is materially defective.

12. Updates and lifetime access

Your Plan includes updates to the Theme at no additional cost. When we publish a new version, you are notified by email and in your Account, and you can apply it in one click through our update module, which preserves your customizations.

"Lifetime access" means access for as long as we continue to operate and maintain the Theme. You keep, in all cases, the right to use the Theme files already delivered to you. Updates, support, and the online services attached to your Account are provided while we maintain the Theme. If we discontinue the Theme, we will make reasonable efforts to notify you in advance and to let you download the latest available version. Discontinuation does not give rise to a refund, because your payment covered access that was already delivered.

13. Support

Every Plan includes six months of support from the date of purchase. We work by email and reply within one business day on average. Most issues are resolved within 48 hours.

After the six included months, you may subscribe to an optional support plan, billed monthly or annually and renewing automatically. You can cancel it at any time from your Account; cancellation takes effect at the end of the current billing period, with no refund for that period. Canceling support does not affect your access to the Theme.

Support covers the Theme itself. It does not cover custom development, third-party apps, Shopify platform issues, or code you or a third party added to the Theme.

14. AI Editor and Credits

The AI Editor. The AI Editor composes and edits store pages for the Theme from the information and requests you give it. It is designed for use on a computer. It currently writes content in French only.

Included Credits. Each Plan includes a one-time allowance of Credits, added when your access is activated: 400 Credits for Starter, 800 for Pro, and 1,200 for Agency. The allowance does not renew. If you upgrade, you receive the difference between the Credits included in your new Plan and those included in your previous Plan.

How Credits are used. The number of Credits charged for a request depends on the actual cost of processing it with the AI service, so it varies from one request to another. Before a request is processed, its estimated maximum cost is reserved from your balance; once processing ends, only the amount matching actual use is kept, never more than the amount reserved, and the rest is returned to your balance. Every message you send to the AI, including a question, a request for advice, or a request it cannot carry out, is processed: its actual cost is charged, rounded up to the next hundredth of a Credit. Some settings in the AI Editor use no Credits. The page diagnostic tool in your Account uses a fixed number of Credits per analysis.

Declined requests and failures. When the AI processes a request without changing your page, for example when it finds that the request cannot be carried out, when it asks you a question, or when it cannot produce a result that can be applied, processing has taken place and its actual cost is charged. When a request fails for a technical reason with nothing applied to your page (AI service unavailable, timeout, or interrupted response), the reserved amount is returned to your balance; if an incident prevents this, contact us and we will restore your balance.

Insufficient balance.A change to your page is made only if your balance covers the maximum amount reserved for it. Otherwise it is not made, and only the AI's reading of your message is charged, at its actual cost; you can then buy a Credit pack. If your balance does not cover that reading, the message is not processed and no Credits are charged.

Credit packs. You can buy additional Credits in packs from your Account, with a single payment and no subscription. The number of Credits and the price of each pack are shown in your Account at the time of purchase.

Nature of Credits. Credits are units for using the AI Editor and related features. They have no cash value, are not a means of payment, and cannot be exchanged for money, refunded, sold, or transferred to another account, subject to sections 10 and 17. They have no expiry date. They are tied to your Account and are lost if your Account is deleted.

AI-generated content. Content produced by the AI Editor is generated automatically and may contain errors, inaccuracies, or incorrect statements. You must review and check it before publishing, in particular figures, delivery times, guarantees, and product characteristics, and replace sample customer reviews with genuine ones. You remain solely responsible for what you publish on your store and for its compliance with applicable law. You agree to provide the AI Editor only with information and content you have the right to use. Subject to our rights in the Theme, its sections, and its layout patterns, you may use, modify, and publish the generated pages and text freely on your stores. Similar content may be generated for other users.

Page retention. A page left unmodified in the AI Editor for an extended period may be deleted from the AI Editor, which warns you before it happens. To keep a page, import it into your Shopify store.

Availability. The AI Editor relies on an artificial intelligence model supplied by a third party. Its availability, response times, and results may vary, and we do not guarantee uninterrupted operation. We may change the AI Editor, the model it uses, and the way Credit consumption is calculated; such changes do not apply to Credits already charged. Section 12 applies to the AI Editor as it does to the other online services attached to your Account.

15. Upgrades

You may move up to a higher Plan at any time from your Account by paying only the difference between the two prices. You also receive the difference in included Credits between the two Plans. Downgrades are not available, and no partial refund is issued for moving to a lower tier.

16. Your account

You are responsible for keeping your Account credentials confidential and for all activity that happens under your Account. Tell us promptly if you believe your Account has been accessed without your authorization.

One email address corresponds to one Account. If an email address is already tied to an Account, you will be asked to use another one or to log in instead.

17. Warranties and defects

We warrant that the Theme will perform substantially as described on the site at the time of your purchase. If you find a material defect, tell us and we will make reasonable efforts to correct it in a subsequent update.

Except for the warranty above, and to the maximum extent permitted by law, the Theme is provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Theme will be error-free, uninterrupted, or compatible with every third-party app, nor do we warrant any particular commercial result, conversion rate, ranking, or performance score.

18. Third-party services

The Theme runs on Shopify and may interact with third-party apps and services you choose to install. Payments are handled by Stripe. The descriptions, text, and requests you enter in the AI Editor, and the pages you submit to the diagnostic tool, are sent for processing to the provider of the artificial intelligence model we use (Anthropic). These services are operated by third parties under their own terms, and we are not responsible for their availability, behavior, or changes they make to their platforms.

19. Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, nor for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to the Theme or these Terms, even if we were advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Theme or these Terms will not exceed the amount you actually paid us for your Plan and any Credit packs.

Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you.

20. Term and termination

Your license runs from your purchase and continues unless terminated. We may terminate your license, and close your Account, if you materially breach these Terms, in particular section 6, and do not cure the breach within 14 days of our written notice. On termination you must stop using the Theme and remove it from your stores.

21. Force majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including outages of Shopify, Stripe, or our hosting provider, network failures, natural disasters, or acts of government.

22. Changes to these Terms

We may update these Terms. The version that applies to your purchase is the one published on the site at the moment you place your order. We keep the last updated date at the top of this page.

23. Severability and waiver

If any provision of these Terms is held invalid or unenforceable, the remaining provisions stay in full force. Our failure to enforce a provision is not a waiver of our right to enforce it later.

24. Governing law and disputes

These Terms are governed by French law, without regard to conflict of law rules. We will try in good faith to resolve any dispute directly with you; please write to us first at contact@hyperflowlabs.fr.

If a dispute cannot be resolved, it will be brought before the competent courts of France. Nothing in this section deprives a consumer of the protection of mandatory provisions of the law of their country of residence, including the right to bring proceedings there where such a right is available.

25. Contact

NG SCALE
311 Allée des Escalettes
13300 Salon-de-Provence, France
contact@hyperflowlabs.fr