Legal
Terms of service
What you get, what we need from you, who owns the code, and what happens if something goes wrong. Written in plain English on purpose.
Last updated
01This agreement
These terms cover ezomfy.com, the customer portal at pay.ezomfy.com, and anything you buy through either. Using the site means you accept them.
"We" and "us" mean ezomfy, of 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, USA. "You" means you or the company you are buying on behalf of. If you are buying for a company, you confirm you are allowed to bind it.
A signed proposal or statement of work always beats these terms where the two disagree.
02What we sell
- Shopify development services: theme development, app development, full store builds, migrations, speed work, SEO and ongoing care. Sold as a fixed-price project or a recurring plan.
- Themes: a licence to a digital product, delivered as a download.
- Free tools: the image compressor, speed calculator, audits and Q&A, given as-is with no warranty.
03Quotes and scope
Prices on this site are a starting point, not an offer. The written quote we send you is the offer, and it is what governs the work.
A quote covers the scope written in it. Anything else is new work: we will quote it separately before starting, never bill you by surprise.
Quotes are valid for 30 days unless the quote itself says otherwise.
04Payment
- Payments are processed by Stripe. We never see or store your card details.
- Project work is normally milestone-billed, with the first payment due before work starts.
- Subscriptions renew automatically at the interval shown at checkout until you cancel.
- Prices are in the currency shown at checkout and exclude any tax you owe locally.
- Late payment past 14 days lets us pause work until the account is settled.
05What we need from you
Projects stall on access and feedback more than on code. To hold a timeline we need:
- Staff or collaborator access to your Shopify store when the work requires it.
- Content, images and copy, unless the quote says we are producing them.
- Feedback within a reasonable window at each review point.
- The legal right to everything you send us. You keep responsibility for that.
Delays on your side move the timeline by at least the same amount.
06Delivery, revisions and support
- Timelines in a quote are working-day estimates from the date access and content arrive.
- Revisions within the agreed scope are included. Changes of direction are new work.
- Project work includes 30 days of free post-launch support for defects in what we built.
- That support does not cover new features, third-party app breakage, or changes Shopify makes to its platform.
07Who owns what
- Once you have paid in full, custom code we wrote specifically for your project is yours.
- We keep ownership of our pre-existing tools, libraries and internal components, and grant you a perpetual licence to use them as part of your store.
- You keep everything you gave us: content, images, brand and data.
- Themes are licensed, not sold: one licence per store. You may not resell, redistribute, or publish the source.
- We may show the work in our portfolio and case studies unless you ask us in writing not to.
08Refunds and cancellation
- Services: cancel any time. You pay for work completed up to that point; anything unearned is refunded.
- Themes: because a theme is delivered instantly as a download, sales are final once downloaded. If it is broken and we cannot fix it, you get your money back.
- Subscriptions: cancel any time and it stops at the end of the current period. We do not refund part-periods.
Refund requests go to [email protected]. We would rather fix the problem, so tell us what went wrong first.
09Acceptable use
Do not use this site to break the law, to post other people's content as your own, to spam the forms or the Q&A, or to attack or reverse-engineer the site. We can remove content and close accounts that do, without notice.
Q&A posts are moderated. We can edit or delete anything there at our discretion.
10Third-party platforms
We build on Shopify and integrate apps and services we do not control. We are not responsible for their pricing, availability, outages, or breaking changes, and time spent adapting to a third-party change is billable unless the quote says otherwise.
11Warranty and liability
We warrant that we will perform with reasonable skill and care, and that delivered work will materially match the agreed scope.
Beyond that, and to the extent the law allows, the site and the free tools are provided as-is, with no implied warranties of merchantability or fitness for a particular purpose.
Our total liability for any claim is capped at what you paid us for the work the claim relates to. Neither of us is liable to the other for lost profits, lost revenue, lost data, or indirect or consequential loss.
Nothing here limits liability for death, personal injury, or fraud, or anything else the law does not allow to be limited.
12Ending the agreement
Either of us can end an engagement in writing. You pay for work completed. We hand over what has been paid for.
We can suspend or end an account immediately if these terms are breached or payment is significantly overdue.
13Governing law
These terms are governed by the laws of the State of New Mexico, USA, and the courts there have exclusive jurisdiction, except that either of us may seek an injunction wherever it is needed.
14Changes to these terms
We may update these terms. The version in force for your project is the one published when you accepted your quote. Continuing to use the site after a change means you accept the new version.
The short version: we quote in writing before we start, you pay for work completed, you own the custom code once it is paid for, themes are one licence per store, and our liability is capped at what you paid us. Anything unclear, email [email protected].
Questions about this page? Get in touch.
