Terms & Conditions

1. Agreement to Terms

By purchasing, downloading, installing, or using the Polar Shopify Theme ("Service"), you agree to be bound by these Terms & Conditions ("Terms"). These Terms constitute a legally binding agreement between you and Data Delves Private Limited ("we," "our," or "us").

If you do not agree to these Terms, do not purchase or use the Service.

2. Product Description

Polar is an AI-powered Shopify theme designed for Indian D2C (Direct-to-Consumer) brands.

2.1 What Is Included

Your Polar license includes:

• Complete Shopify theme files (Liquid templates, CSS, JavaScript)
• A unique license key tied to your email and one Shopify store
• Access to AI-powered features based on your subscription plan:
  • AI Chat Assistant (10 credits per response)
  • Virtual Try-On (100 credits per generation)
  • AI Product Comparison (10 credits per comparison)
  • Voice Search (10 credits per transcription)
• Monthly AI credit allocation based on your plan
• Automatic festival theming
• Email support for technical issues

2.2 What Is NOT Included

The following are explicitly NOT included in your purchase:

• Demo images, product photos, or lifestyle photography shown in previews
• Sample content, product descriptions, or marketing copy
• Theme installation or setup services
• Design customization or configuration services
• Content creation, product uploads, or store configuration
• Training, consulting, or phone support
• Rollover of unused AI credits between months
• Usage on multiple Shopify stores (one license = one store)
• Third-party app integrations or troubleshooting
• A "complete" or "ready-to-use" website—you must add your own content

3. Subscription Plans & Pricing

3.1 Available Plans

3.2 AI Credits

• Credits reset monthly and do not roll over to the next month
• Unused credits expire at the end of each billing month
• Credit usage: Virtual Try-On (100), AI Chat (10), AI Compare (10), Voice Search (10)

3.3 License Terms

• Each license is valid for one (1) Shopify store only
• License keys are non-transferable
• You may not share, resell, or distribute your license key
• Violating license terms will result in immediate revocation without refund

4. Payment Terms

• All payments are processed securely through Razorpay
• All prices are in Indian Rupees (INR) and include applicable taxes
• Subscriptions are billed in advance (quarterly or yearly)
• Subscriptions renew automatically unless cancelled
• We reserve the right to modify pricing with 30 days' notice to existing subscribers

5. No Refund Policy

Upon purchase, you receive immediate access to digital theme files and a license key. Due to the nature of digital products:

• Once your license key is delivered, the product is considered delivered
• Digital products cannot be "returned" as they remain in your possession
• We do not offer refunds, partial refunds, or credits under any circumstances
• This includes, but is not limited to: change of mind, inability to use the product, misunderstanding of what's included, or technical issues on your end

Please review our Refund & Cancellation Policy for complete details.

6. Cancellation

• You may cancel your subscription at any time by contacting us or pausing/cancelling your autopay through Razorpay
• Upon cancellation, your subscription remains active until the end of the current billing period
• After expiration, AI features will stop working, but basic theme files will continue to function
• Cancellation does not entitle you to any refund

7. License & Usage Rights

7.1 Grant of License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to:

• Install and use the Polar theme on one (1) Shopify store
• Customize the theme for your store's needs
• Use the AI features within your credit allocation

7.2 Restrictions

You may NOT:

• Redistribute, resell, sublicense, or share the theme files or license key
• Use the theme on multiple stores without additional licenses
• Remove or alter proprietary notices, branding, or attribution
• Reverse engineer, decompile, or attempt to extract source code
• Use the Service for any illegal or unauthorized purpose
• Attempt to circumvent license validation or AI credit limits

8. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit harmful, offensive, or illegal content through AI features
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service
• Use automated tools to abuse AI features or circumvent limits
• Generate content that violates OpenAI or Google's usage policies

9. Intellectual Property

The Service, including all content, features, code, and functionality, is owned by Data Delves Private Limited and is protected by copyright, trademark, and other intellectual property laws.

Your purchase grants you a license to USE the theme, not ownership of the underlying code or intellectual property.

10. Third-Party Services

The Service integrates with third-party services including OpenAI, Google, Razorpay, and AWS. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the availability or performance of third-party services.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, error-free, or secure
• Defects will be corrected within any specific timeframe
• The Service will meet your specific requirements
• AI-generated content will be accurate or suitable for your purposes

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATA DELVES PRIVATE LIMITED SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Issues caused by third-party apps, services, or your own modifications
• AI-generated content or its accuracy

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify and hold harmless Data Delves Private Limited from any claims, damages, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you generate or transmit through the Service

14. Termination

We may terminate or suspend your license immediately, without notice, for violation of these Terms. Upon termination:

• Your license and access to AI features will be revoked
• No refund will be provided
• Basic theme files already installed may continue to function but without AI features or support

15. Governing Law & Disputes

These Terms are governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts in Delhi, India.

16. Showcase & Marketing

By using the Polar theme, you grant us a non-exclusive, worldwide, royalty-free license to display your store name, logo, and screenshots in our showcase, marketing materials, and portfolio. To opt out, contact us at polar@buyuntamed.com.

17. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last modified" date. Continued use of the Service after changes constitutes acceptance.

18. Contact Information

• General Inquiries: polar@buyuntamed.com
• Technical Support: support@buyuntamed.com