Clarification on Theme API Exemption for Creating vs. Editing Themes in App Review Process

Hey everyone,

I’m a Shopify Partner developing an unlisted public app (“SellMe”) for educational purposes, aimed at our course students (~8k merchants).

The app needs to automatically upload a modified version of Shopify’s free “Horizon” theme (with minor additions like custom sections linked to app-created metaobjects) upon installation.

I submitted a Theme API Protected Scope Exemption Request form (via Online Store Protected Scope Exemption Request), explicitly requesting access to themeCreate and themePublish (not Assets API for editing). I provided videos/screenshots demonstrating theme creation, and it was approved on Aug 13, 2025, by a Shopify staff. This granted me the scopes to create/publish new themes.

However, during app review, it was rejected for “distributing a new theme without going through the Shopify Theme Store,” with feedback insisting the exemption is only for editing existing themes (Assets API), not creating new ones. I’ve escalated multiple times via Partner Support, but keep getting the same response without resolution.

Has anyone else navigated a similar exemption/review mismatch? Is there a way to clarify with the review team that the exemption covers themeCreate for non-monetized, education-focused apps? Or alternative approaches like duplicating the merchant’s theme and editing it to add sections/metaobject links, while staying compliant with the App Requirements Checklist?

Thanks for any insights or advice!

Hi @Breno_Alves

Instead of uploading an entire new theme, could your app just add the necessary new theme components using theme app extensions?