Terms and ConditionsEffective Date: April 21, 2025
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE OR SERVICES.1. Introduction and Acceptance of Terms1.1. These Terms and Conditions ("Terms") govern your access to and use of the website located at thanik.com (the "Website") and the services provided by Dmytro Korobkin, e.g., ФОП Коробкін Дмитро ("we," "us," "our," "thankik"). Our services include, but are not limited to, Shopify store diagnostics, conversion rate optimization (CRO) analysis and consulting, website redesign, user experience (UX) / user interface (UI) improvements, and related strategic advice (collectively, the "Services").
1.2. By accessing the Website, requesting information, submitting forms, participating in diagnostic sessions, or engaging our paid Services, you ("User," "Client," "you," "your") acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, as well as our
Privacy Policy and
Cookie Policy, which are incorporated herein by reference.
1.3. If you do not agree with any part of these Terms, you must immediately cease using the Website and Services. If you are agreeing to these Terms on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.
2. Definitions- "Client" means any individual or entity that engages our paid Services following the completion of any preliminary diagnostics or consultations and execution of a Service Agreement.
- "Confidential Information" means any non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. This includes, but is not limited to, business strategies, client lists, financial information, technical data, website analytics data shared for analysis, and the specific content of our reports and recommendations not publicly released by us.
- "Deliverables" means the specific work products to be delivered by us to the Client as outlined in a Service Agreement, such as audit reports, design mockups, developed code, or strategic plans.
- "Intellectual Property Rights" means all intellectual property rights worldwide, including copyrights, trademarks, service marks, trade secrets, patents, design rights, database rights, and other proprietary rights.
- "Service Agreement" means a separate written agreement (which may be in the form of a Statement of Work, Proposal, or Contract) entered into by us and the Client that details the specific scope of Services, Deliverables, timelines, fees, and payment schedule for a particular engagement.
- "User" means any visitor to the Website or individual interacting with our preliminary offerings (like the diagnostic session) who may not yet be a Client.
3. Description of Services3.1. We offer specialized Services focused on improving the performance of Shopify stores, primarily through Conversion Rate Optimization (CRO) methodologies. This may include:
* Diagnostic Services: Initial analysis of a Shopify store's performance, user experience, and conversion funnel to identify potential issues and areas for improvement (e.g., the low-cost CRO Audit mentioned on the Website).
* CRO Consulting: Providing strategic advice, analysis, and actionable recommendations based on data and CRO best practices.
* Website Redesign / Development: Designing and/or developing new Shopify themes or modifying existing ones with a focus on UX, UI, and conversion.
* Implementation Services: Assisting with or performing the implementation of recommended changes (subject to agreement).
3.2. The specific details, scope, deliverables, and timelines for any paid Services will be defined in a mutually agreed-upon Service Agreement. These Terms govern the overall relationship, while the Service Agreement governs the specifics of a particular project.
4. Eligibility and Qualification4.1. Our Services are intended for businesses operating legitimate e-commerce stores, primarily on the Shopify platform.
4.2. Certain introductory offers, such as the low-cost diagnostic session, may have specific eligibility requirements (e.g., minimum website traffic, established store history) as stated on the Website or in promotional materials.
4.3. We reserve the right, at our sole discretion, to determine eligibility for any Service and to refuse service to anyone for any reason not prohibited by law, including if we believe the potential Client's business model is unsuitable, unethical, or if the required information for qualification is not provided or is unsatisfactory. Submission of information does not guarantee acceptance or eligibility for any Service.
5. User and Client Obligations5.1. Accurate Information: You agree to provide true, accurate, current, and complete information about yourself and your business as prompted by our forms or required for Service delivery.
5.2. Cooperation: For us to perform the Services effectively, you agree to cooperate reasonably with us, including providing timely access to necessary resources (e.g., Shopify admin access, Google Analytics, relevant business information) and responding promptly to our communications. Delays caused by the Client may impact project timelines and potentially incur additional costs.
5.3. Compliance with Laws: You agree to use the Website and Services only for lawful purposes and in compliance with all applicable laws and regulations. You are solely responsible for ensuring your business operations and Shopify store comply with relevant laws.
5.4. Account Security (if applicable): If any Service requires you to create an account or share access credentials, you are responsible for maintaining the confidentiality of such information and for all activities that occur under your account or access.
6. Payment Terms6.1. Fees: Fees for paid Services will be detailed in the applicable Service Agreement. Unless otherwise specified, all fees are quoted and payable in United States Dollars (USD).
6.2. Diagnostic Session: The fee for the initial diagnostic session (e.g., $39 or any other quotes CRO Audit) is payable in advance via the methods indicated on the Website or payment link provided. This fee covers the specific diagnostic service described and is generally non-refundable once the session is scheduled or completed.
6.3. Paid Services: For larger projects governed by a Service Agreement, payment terms (e.g., upfront deposit, milestone payments, recurring fees) will be specified therein. Invoices are due upon receipt or as otherwise stated in the Service Agreement.
6.4. Late Payments: Overdue invoices may incur late payment interest at a rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower) on the outstanding balance. We reserve the right to suspend or terminate Services for accounts with overdue payments.
6.5. Taxes: All fees are exclusive of any applicable taxes (such as VAT, GST, or sales tax). You are responsible for paying any taxes associated with your purchase of Services, unless we are legally obligated to collect such taxes.
6.6. Refunds: Due to the nature of consulting and service-based work, fees paid for Services rendered (including diagnostic sessions and work performed under a Service Agreement) are generally non-refundable. Any exceptions will be explicitly stated in the Service Agreement. If a project is terminated, you are responsible for payment for all work completed up to the termination date.
7. Intellectual Property Rights7.1. Our Intellectual Property: All content, methodologies, tools, templates, software, text, graphics, logos, images, and other materials provided on the Website or developed by us in the course of providing the Services (excluding Client's Pre-Existing IP and specific Deliverables defined otherwise in a Service Agreement) remain the sole and exclusive property of [Your Brand Name] or its licensors ("Our IP"). Our IP is protected by copyright, trademark, and other intellectual property laws. You are granted no rights or licenses to Our IP except as expressly stated in these Terms or a Service Agreement.
7.2. Client's Pre-Existing Intellectual Property: You retain all ownership rights to any content, data, logos, trademarks, or other materials you provide to us for use in connection with the Services ("Client's Pre-Existing IP"). You grant us a limited, non-exclusive, royalty-free, worldwide license to use Client's Pre-Existing IP solely for the purpose of performing the Services for you. You represent and warrant that you have all necessary rights to grant this license.
7.3. Deliverables: Ownership of specific Deliverables created for a Client (e.g., custom design files, specific code implementations) will be outlined in the relevant Service Agreement. Typically, upon full payment for the Services, the Client is granted ownership or a broad license to use the final Deliverables for their intended business purpose. However, we retain ownership of our underlying methodologies, tools, know-how, and any pre-existing code or elements used to create the Deliverables.
7.4. Restrictions: You agree not to copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of Our IP without our prior written consent, except as necessary to receive the Services.
8. Confidentiality8.1. Each party (the "Receiving Party") agrees to keep confidential all Confidential Information disclosed to it by the other party (the "Disclosing Party"). The Receiving Party shall use the Disclosing Party's Confidential Information solely for the purpose of performing its obligations or exercising its rights under these Terms and any Service Agreement.
8.2. The Receiving Party shall protect the Disclosing Party's Confidential Information using the same degree of care it uses to protect its own confidential information of like importance, but not less than reasonable care.
8.3. These confidentiality obligations shall not apply to information that: (a) is or becomes publicly known through no wrongful act of the Receiving Party; (b) was in the Receiving Party's possession prior to disclosure without obligation of confidentiality; (c) is independently developed by the Receiving Party without reference to the Disclosing Party's Confidential Information; or (d) is required to be disclosed10 by law or court order, provided the Receiving Party gives prompt written notice to the Disclosing Party (if legally permitted) to allow for intervention.
8.4. Confidentiality obligations shall survive the termination of these Terms and any Service Agreement.
9. Disclaimers and Warranties9.1. "AS IS" Basis: THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
9.2. No Guarantee of Results: WHILE WE EMPLOY PROFESSIONAL SKILL AND CARE AND UTILIZE PROVEN METHODOLOGIES, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING SPECIFIC OUTCOMES OR RESULTS FROM THE USE OF OUR SERVICES. CONVERSION RATES, SALES, TRAFFIC, AND OTHER BUSINESS METRICS ARE INFLUENCED BY NUMEROUS FACTORS BEYOND OUR DIRECT CONTROL (INCLUDING MARKET CONDITIONS, PRODUCT QUALITY, PRICING, ADVERTISING EFFORTS, AND THIRD-PARTY PLATFORM PERFORMANCE). ANY EXAMPLES OF PAST RESULTS DO NOT GUARANTEE FUTURE PERFORMANCE.
9.3. No Implied Warranties: TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
9.4. Third-Party Platforms: We are not affiliated with Shopify, Inc. or other third-party platforms (like Google Analytics). Our Services rely on the functionality of these platforms. We are not responsible for any changes, outages, or limitations imposed by these third parties that may affect our Services or your store's performance.
10. Limitation of Liability10.1. Exclusion of Certain Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL [YOUR BRAND NAME], ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES.
10.2. Cap on Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED US DOLLARS ($100 USD).
10.3. Basis of the Bargain: THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
11. IndemnificationYou agree to defend, indemnify, and hold harmless [Your Brand Name], its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website or Services, including, but not limited to, your use of Client's Pre-Existing IP, your violation of any applicable laws, or your infringement of any third-party rights.
12. Termination12.1. Termination by Us: We may terminate or suspend your access to all or part of the Website or Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms or any Service Agreement (e.g., non-payment).
12.2. Termination by You: You may cease using the Website at any time. Termination of paid Services is governed by the terms of the applicable Service Agreement.
12.3. Consequences of Termination: Upon termination, your right to use the Services will cease immediately. If terminated for breach, you remain liable for all fees accrued up to the termination date.
12.4. Survival: All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, confidentiality obligations, and governing law/dispute resolution clauses.
13. Governing Law and Dispute Resolution13.1. Governing Law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ukraine, without giving effect to any choice or conflict of law provision or rule.
13.2. Negotiation: In the event of any dispute arising out of or relating to these Terms or the Services, the parties shall first attempt to resolve the dispute through good faith negotiations.
13.3. Jurisdiction: Unless otherwise agreed in a specific Service Agreement or required by mandatory applicable law, any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the competent courts located in Kyiv, Ukraine. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
14.26 Changes to Terms14.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide notice prior to any new terms taking effect (e.g., by posting on the Website or via email). What constitutes a material change will be determined at our sole discretion.
14.2. By continuing to access or use our Website or Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website and the Services.
15. Miscellaneous15.1. Entire Agreement: These Terms, together with our Privacy Policy, Cookie Policy, and any applicable Service Agreement, constitute the sole and entire agreement between you and us regarding the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
15.2. Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
15.3. No Waiver: No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
15.4. Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.
15.5. Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
16. Contact InformationIf you have any questions about these Terms and Conditions, please contact us:
Email: thankik.agency@gmail.com