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.
• Account: your customer area, where you download the Theme, manage connected stores, and apply updates.
• Hypercoins: internal credits used to run the AI tools included with your Account.

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.

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:

• Starter: one store at a time.
• Pro: up to three stores at a time.
• Agency: unlimited stores.

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 19.

7. Price and payment

Prices are displayed on the site in US dollars for this English version 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.

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.

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. Refunds

All sales are final. Because the Theme is digital content delivered immediately, we do not offer refunds once access has been granted.

You acknowledge this at checkout by confirming that you request immediate access and that the sale becomes final once access is granted.

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 16 if the Theme is materially defective.

11. 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.

12. 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. Cancelling 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.

13. Hypercoins and AI tools

Each Plan includes a number of Hypercoins, which are credits used to run the AI tools in your Account (theme composition and product page analysis). Hypercoins have no cash value, cannot be exchanged for money, and are not refundable. Output generated by the AI tools is provided as a starting point; you are responsible for reviewing it before publishing.

14. Upgrades

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

15. 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.

16. 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.

17. 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. 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.

18. 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.

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

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. Contact

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