Terms of service

Last updated: April 24, 2026

 

Overview

Welcome to Panache Themes! The terms "we", "us" and "our" refer to Panache Themes, operated by Autotelic Co Pty Ltd. Panache Themes operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Panache Themes is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services and purchase our digital products. They include important information about your legal rights, warranty disclaimers, limitations of liability, and the licensing terms that govern all Panache Themes digital products.

By visiting, interacting with, or purchasing from our store, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

 

Section 1 — Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. You have given us your consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.


To use the Services, you may be asked to provide information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

 

Section 2 — Our Products

We have made every effort to accurately represent our digital products and services. However, colours or visual appearance may differ depending on your device and screen settings. We do not warrant that any product will meet your expectations or appear identically to how it is depicted in previews or demos.

All product descriptions are subject to change at any time at our sole discretion. We reserve the right to discontinue any product at any time and may limit availability by person, region, or jurisdiction on a case-by-case basis.

All Panache Themes digital products are licensed, not sold. When you purchase a digital product, you are granted a non-exclusive, non-transferable, revocable license to use the product for one (1) business or client project only, subject to these Terms and the EULA. Purchasing a product grants you a limited license to use it — all copyrights and intellectual property rights remain with Panache Themes.

 

Section 3 — Orders

When you place an order, you are making an offer to purchase. Panache Themes reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Panache Themes confirms acceptance, which requires receipt and processing of your payment.

Please review your order carefully before submitting. Panache Themes may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel your order, we will attempt to notify you using the contact details provided at the time of ordering.

Your purchases are subject to our Refund Policy.

 

Section 4 — Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as set out in your order confirmation email.

You agree to provide current, complete, and accurate payment and account information for all purchases. You agree to promptly update your account information so we can complete transactions and contact you as needed. You represent and warrant that:

  • The payment information you provide is true, correct, and complete.

  • You are duly authorised to use the payment method provided.

  • Charges incurred will be honoured by your payment provider.

  • You will pay all charges at posted prices, including any applicable taxes.

 

Section 5 — Digital Delivery

All Panache Themes products are delivered via instant digital access. Upon completion of your purchase, you will receive an automated email with a PDF document containing your unique access link and installation instructions. All delivery times are immediate upon order confirmation.

We are not responsible for delays caused by incorrect email addresses, spam filters, or third-party platform access issues outside our control. If you do not receive your delivery confirmation, please contact hello@panachethemes.com within 30 days of purchase.

 

Section 6 — Product Licensing

License overview

All Panache Themes products are licensed, not sold.

Each purchase grants you a non-exclusive, non-transferable, revocable license to use the product for one (1) business or one (1) client project only. 

All intellectual property rights remain the sole property of Panache Themes. No ownership rights are transferred to you.

This license is granted to a single business or client project and may not be transferred to unrelated parties. In the event of a business sale, merger, or restructuring, continued use of the product is permitted only where the original brand, website, or business operations remain substantially the same. Any transfer of the product to a new or unrelated business requires prior written consent from Panache Themes.


Permitted use

You may:

  • Customise the product to suit your brand or your client’s brand

  • Publish the final output as part of a live website, marketing materials, or digital presence

  • Use the product for commercial purposes within a single business or client project

Each additional business, brand, or client requires a separate license purchase. You may not reuse the same or substantially similar design across multiple client projects without purchasing additional licenses.


Prohibited use

You may not:

  • Resell, redistribute, share, gift, or transfer any product or files

  • Sub-license or provide access to any product to third parties

  • Include our products in any free or paid bundles, libraries, or marketplaces

  • Share editable files, templates, or access links with others

  • Duplicate, reuse, or repurpose the product across multiple businesses, brands, or client projects without additional licenses

  • Create derivative works based on our products for the purpose of resale, redistribution, or commercial template creation, including modifying layouts, structures, or design systems to create competing products

  • Use our products or materials to create competing templates, themes, or digital products

  • Extract, reuse, or sell individual components (including sections, layouts, or design elements) in any editable or reusable format

  • Use our products or materials to create a competing business that replicates Panache Themes’ product structures, systems, or commercial offerings


Product-specific terms

Squarespace website templates

Licensed for use on one (1) website only.

You may customise and publish the site for one business or client.
You may not duplicate, reuse, or adapt the template for additional websites without purchasing additional licenses.

If a manual transfer is performed by Panache Themes, the license applies only to the transferee website.


Canva templates

Licensed for use within one (1) business or brand.

You may customise designs for your own use.
You may not share, resell, or distribute templates in editable or exportable form, or provide access to third parties.

 

Image packs

Licensed for personal and commercial use within your business or client work.

You may edit, crop, recolour, and incorporate images into your content.
You may not resell, redistribute, sub-license, or claim the images as your own original work.
You may not use the images for AI training, NFTs, or resale marketplaces.

 

Images in templates

Images shown in demos or previews may include licensed or AI-generated content and may not be included in your purchase unless explicitly stated.

These images may not be extracted, reused, or redistributed as standalone assets.

 

Template names and attribution

You may use and adapt the visual design of your purchased template.

However, Panache Themes template names (including Verde™, Flux™, Saranghae™, Fluros™, Maven™, and Sundays Social™) are product names only and may not be used in your branding, domain, or marketing. In simple terms: you can keep the look — just don't keep the name.

You may not describe your website or materials as “built with,” “using,” or “based on” a Panache Themes template.

Optional attribution such as “Template designed by Panache Themes” is permitted, provided it does not imply ownership, partnership, or endorsement.

 

Buyer responsibility and compatibility

You are responsible for ensuring that the product is compatible with your intended platform before purchase.

Panache Themes is not responsible for purchases made for incompatible platforms (including Wix, Showit, WordPress, or desktop publishing software).


Section 7 — Panache 3-Day Website Bootcamp (AI Assistant)

As part of your purchase, you may be granted access to the Panache 3-Day Website Bootcamp™, an AI-powered assistant hosted via OpenAI/ChatGPT.

  • Usage: This tool is provided to assist with copy-drafting and strategy for one (1) business project per license.

  • No Guarantees: While the AI is trained on Panache's editorial logic, we do not guarantee the accuracy, suitability, or legal compliance of the copy it generates. You are responsible for reviewing and vetting all output before publishing.

  • Non-Reliance: Advice provided by the AI (including SEO, technical, or business suggestions) is for informational purposes only and does not constitute professional, legal, or financial advice.

  • Third-Party Terms: Use of the tool is subject to OpenAI's Terms of Service. You are responsible for maintaining your own OpenAI account and credits if required.

We provide access to this and any other optional third-party tools "as is" and "as available" without any warranties, representations, or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Section 8 — Third-Party Links

The Services may contain links to websites or platforms operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials. If you leave the Services to access third-party sites, you do so at your own risk. Complaints, claims, or questions regarding third-party products or services should be directed to the third party.

 

Section 9 — Relationship with Shopify

Panache Themes is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make in our store are made directly with Panache Themes. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Panache Themes, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Panache Themes.

 

Section 10 — Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy (shopify.com/legal/privacy). By using the Services, you acknowledge that you have read these privacy policies.

 

Section 11 — Feedback

If you submit any ideas, suggestions, feedback, reviews, or proposals ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with the Feedback; and (iii) your Feedback will comply with these Terms.

You agree that your Feedback will not violate any third-party rights, contain unlawful or abusive content, or include any virus or malware. You are solely responsible for any Feedback you submit and its accuracy.

 

Section 12 — Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, or availability. We reserve the right to correct any errors or inaccuracies and to change or update information at any time without prior notice.

 

Section 13 — Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

  • For any unlawful or malicious purpose

  • To violate any international, federal, or state regulations, rules, or laws

  • To infringe upon our intellectual property rights or those of others

  • To harass, abuse, harm, defame, or intimidate any person

  • To transmit false or misleading information

  • To transmit advertising or promotional material without our consent (spam, chain letters, etc.)

  • To impersonate any person or entity

  • To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services

You also agree not to: upload viruses or malicious code; reproduce, duplicate, copy, or resell any portion of the Services; collect or track the personal information of others; spam, phish, or pretext the Services; or interfere with, bypass, or circumvent any security or authorisation features.

We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine you have violated any part of these Terms.

 

Section 14 — Agents

These terms apply if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, without direct supervision.

No Agent may access the Services unless it: (i) identifies itself as an Agent in all HTTP/HTTPS requests; (ii) does not conceal or obfuscate that interactions are from an Agent; (iii) responds truthfully to any question seeking to determine if interactions are from a human or computer; and (iv) does not circumvent any measure intended to block or limit Agent access.

We may limit, including by technical measures, whether and how any Agent accesses our Services.

 

Section 15 — Breach of Terms and License Revocation

We reserve the right to investigate any suspected breach of these Terms or the End User License Agreement, including reviewing publicly available uses of our products. You agree to reasonably cooperate with any such investigation.

Any breach of these Terms or the End User License Agreement may result in immediate termination of your license, without notice (where permitted by applicable law) and without refund.

If your license is terminated, you must immediately:

  • Cease all use of the product

  • Remove it from all websites, platforms, and published materials

  • Delete any stored copies, exports, or derivatives

Where a license is terminated due to breach, you must remove any live or publicly accessible implementations of the product. Continued use after termination constitutes unauthorised use and infringement.

Unauthorised use of Panache Themes products constitutes a violation of our intellectual property rights.

We actively monitor and enforce our intellectual property. Where misuse or infringement is identified, we reserve the right to take appropriate action, including:

  • Issuing DMCA takedown notices

  • Reporting violations to platforms (including Shopify, Squarespace, Etsy, or hosting providers)

  • Suspending or restricting access to any associated services

  • Pursuing legal action where necessary

We may also terminate or suspend access to the Services at any time, without notice (where permitted by applicable law), if we believe you have violated these Terms.

You remain liable for all amounts due up to and including the date of termination.

 

Section 16 — Disclaimer of Warranties

All Panache Themes products and Services are provided "as is" and "as available," without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

Panache Themes is not responsible for any loss of revenue, data, business outcomes, or damages arising from the use or inability to use our products. We do not guarantee that use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow the disclaimer of implied warranties, so the above may not apply to you in full.

 

Section 17 — Limitation of Liability

To the fullest extent provided by law, in no case shall Panache Themes, Autotelic Co Pty Ltd, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Services or any products procured using the Services.

 

Section 18 — Indemnification

You agree to indemnify, defend, and hold harmless Panache Themes, Autotelic Co Pty Ltd, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees, arising out of: (1) your breach of these Terms; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

 

Section 19 — Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Section 20 — Waiver and Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, or proposals.

 

Section 21 — Assignment

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

 

Section 22 — Governing Law

These Terms are governed by the laws of Victoria, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. Where local laws apply, these Terms shall be interpreted to the fullest extent permitted under applicable law.

 

Section 23 — Changes to These Terms

We reserve the right to update, change, or replace any part of these Terms at any time by posting updates to our website. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services or any purchased products following any changes constitutes acceptance of those changes, including updated licensing terms.

 

Section 24 — Refunds

Refunds are governed by our Refund Policy, which forms part of these Terms.

 

Section 25 — Contact

For licensing questions, suspected infringement, or questions about these Terms:

Panache Themes / Autotelic Co Pty Ltd Email: hello@panachethemes.com Suite 329/98-100 Elizabeth Street, Melbourne VIC 3000, Australia



Additional licensing terms are set out in our End User License Agreement (EULA). In the event of any inconsistency, these Terms will prevail.