Terms and Conditions | Open Sky Commerce

1. Introduction

Welcome to Open Sky Commerce ("we," "our," or "us"), operated by Open Sky Solutions LLC. These Terms and Conditions govern your purchase of a software license from our website and your use of the Open Sky Commerce software (the "Software"). By purchasing a license or accessing the Software, you agree to be bound by these Terms. If you do not agree, do not purchase or use the Software.

2. The Software and License Tiers

Open Sky Commerce is a source-code software product sold under three license tiers:

Solo License — Single developer, one (1) End Product, no source code handoff to clients permitted.
Studio License — Up to three (3) Authorized Users, up to three (3) End Products, no source code handoff to clients permitted.
Agency License — Unlimited Authorized Users, unlimited End Products, source code handoff to clients permitted subject to Downstream Restrictions defined in the License Agreement.

Each license tier is governed by its own License Agreement, which is delivered with your purchase and incorporated into these Terms by reference. In the event of any conflict between these Terms and the applicable License Agreement, the License Agreement controls.

3. Account Registration

To purchase and access a license you may be required to create an account. You agree to provide accurate, current, and complete information and to keep your account credentials secure. You are responsible for all activity that occurs under your account. Notify us immediately of any unauthorized access at [email protected].

4. Pricing and Payment

All prices are displayed in USD and are subject to change without notice. We reserve the right to correct pricing errors at any time. Payment must be made through an approved payment method at checkout. By providing payment information, you represent that you have the legal authority to use that payment method.

Applicable sales tax, VAT, or other taxes may be added to your order based on your location. You are responsible for all taxes applicable to your purchase.

5. License Delivery

Open Sky Commerce is a digital software product. Upon successful payment, a download link will be delivered to the email address associated with your purchase. We are not responsible for non-delivery caused by an incorrect or misspelled email address provided at checkout.

Your license covers the version of the Software current at the time of purchase. Access to future major versions may require a separate purchase.

6. Refund Policy

You may request a full refund within fourteen (14) days of purchase, provided you have not downloaded the Software. Once the Software has been downloaded, the sale is final and no refund will be issued.

To request a refund, contact [email protected] within the 14-day window with your order details. Approved refunds are returned to the original payment method.

Refunds are not available if:

The Software has already been downloaded.
More than 14 days have elapsed since the purchase date.
The license was terminated due to a breach of the License Agreement.

7. Intellectual Property

Open Sky Solutions LLC retains all copyright, trademark, and intellectual property rights in and to the Software. Your purchase grants a limited license to use the Software as described in your License Agreement — it does not transfer ownership of the Software or any intellectual property rights to you.

All content on this website, including text, graphics, logos, and design, is the property of Open Sky Solutions LLC and may not be reproduced without prior written consent.

8. Prohibited Uses

You agree not to:

Violate any applicable law or regulation in connection with this website or the Software.
Use the Software beyond the scope of your purchased license tier.
Resell, redistribute, sublicense, or share the Software except as expressly permitted by your License Agreement.
Use the Software to build a competing redistributable e-commerce template, boilerplate kit, SaaS platform, or website-builder product.
Impersonate Open Sky Solutions LLC or any of its employees or representatives.

9. Third-Party Services

The Software is designed to integrate with third-party platforms including payment processors (Stripe, Authorize.Net, Clover, Square), shipping carriers (EasyPost, Shippo, ShipStation), and authentication providers (Google, GitHub). Your use of any third-party service is governed solely by that service's own terms and conditions. Open Sky Solutions LLC is not responsible for the availability, accuracy, or terms of any third-party service, nor for any fees or losses arising from them.

10. Disclaimer of Warranties

THE SOFTWARE AND THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPEN SKY SOLUTIONS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SOFTWARE WILL BE FREE OF ERRORS, SECURITY VULNERABILITIES, OR INTERRUPTION.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPEN SKY SOLUTIONS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS — ARISING OUT OF OR RELATED TO YOUR USE OF THE SOFTWARE OR THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR YOUR LICENSE.

12. Indemnification

You agree to defend, indemnify, and hold harmless Open Sky Solutions LLC and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Software, any End Product you build or operate, your clients' use of any End Product, or your violation of these Terms or the applicable License Agreement.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Utah, United States, without regard to conflict of law principles. Any dispute that cannot be resolved through good-faith negotiation within thirty (30) days of written notice will be submitted to binding arbitration in Salt Lake County, Utah, under the Commercial Arbitration Rules of the American Arbitration Association, conducted in English. The arbitrator's decision shall be final and enforceable in any court of competent jurisdiction. All claims must be brought individually — class actions and class-wide arbitration are not permitted.

14. Changes to These Terms

We may update these Terms from time to time by posting a revised version on this page. Changes are effective upon posting. Your continued use of this website or the Software after notice of changes constitutes acceptance. Amendments do not apply retroactively to licenses purchased before the amendment date.

15. Contact Information

Questions about these Terms may be directed to:

Open Sky Solutions LLC

[email protected]

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