Terms & Conditions - Surge Theme Updater

1. Introduction and Acceptance

Welcome to the Surge Theme Updater service ("Service"), operated by ConversionWise Ltd ("we", "us", or "our"). By using this Service, you agree to be bound by these Terms and Conditions.

If you do not agree with any part of these terms, please do not use our Service.

2. Service Description

The Surge Theme Updater is an online tool designed to help Shopify merchants update their Surge theme to newer versions while attempting to preserve customizations. The Service:

Accepts your current theme as a ZIP file upload
Validates your license key and store domain
Attempts to merge your customizations into the target theme version
Provides an updated theme file for download

3. Best-Effort Customization Preservation

Important: The preservation of your theme customizations is provided on a best-effort basis. We cannot guarantee that all customizations will be preserved during the update process.

You acknowledge and understand that:

Some customizations may not transfer to the updated theme
Manual adjustments may be required after the update
Custom code, third-party app integrations, and advanced modifications may need to be reapplied
Visual appearance may differ after the update and require further customization
Settings, templates, and locale files are merged automatically, but results may vary

4. User Responsibilities

By using this Service, you agree to:

Maintain backups: Always download and keep a backup of your current theme before using this Service
Verify ownership: Only upload themes for which you hold a valid license
Review results: Thoroughly review and test the updated theme before publishing to your live store
Use preview mode: Test the updated theme in Shopify's preview mode before making it active
Provide accurate information: Enter correct license keys and store domains

5. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

We specifically disclaim all implied warranties including, but not limited to:

Warranties of merchantability
Fitness for a particular purpose
Non-infringement
Accuracy, reliability, or completeness of results

We do not warrant that the Service will meet your specific requirements, that results will be accurate or reliable, or that the Service will be uninterrupted or error-free.

6. Limitation of Liability

To the maximum extent permitted by applicable law, ConversionWise Ltd and its affiliates, officers, employees, agents, and licensors shall not be liable for:

Direct damages: Including but not limited to loss of data, loss of customizations, or corrupted files
Indirect damages: Including but not limited to loss of profits, revenue, business opportunities, or goodwill
Consequential damages: Arising from the use or inability to use the Service
Business interruption: Including any downtime or disruption to your Shopify store
Third-party claims: Arising from your use of the updated theme

Our total liability for any claims arising from or related to this Service shall not exceed the amount you paid for the theme license, if any.

7. Intellectual Property

You retain ownership of any custom code, content, and modifications you have made to your theme. ConversionWise Ltd retains all rights to the base Surge theme, including its code, design, and functionality.

Use of this Service does not transfer any intellectual property rights from either party.

8. Acceptable Use

You agree not to:

Upload malicious files or code
Attempt to circumvent security measures
Use the Service for any unlawful purpose
Upload themes for which you do not hold a valid license
Share or redistribute updated themes without authorization

9. Service Availability

We strive to maintain Service availability but do not guarantee uninterrupted access. We reserve the right to:

Modify or discontinue the Service at any time
Perform maintenance that may temporarily affect availability
Restrict access for security or operational reasons

10. Modifications to Terms

We reserve the right to update these Terms and Conditions at any time. Material changes will be indicated by updating the "Last Updated" date. Your continued use of the Service after changes constitutes acceptance of the modified terms.

11. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.

12. Contact Information

If you have any questions about these Terms and Conditions, please contact us through our help center:

help.surgetheme.com

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