Terms of Service

1. Interpretation

1.1 In these Terms of Service (or “Terms”):

“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party to these Terms. ‘Control’ means the direct or indirect ownership of more than fifty per cent (50%) of the voting interests of the subject entity.

“AI Output” means any text, product recommendation, summary or other content generated by an AI-assisted feature of the Services in response to a shopper or Client input.

“API” means application programming interfaces or other means that interface the Zenbundle Platform with the systems of third parties.

“Automation Tools” means automation tools used, including to automate marketing and commerce media activities.

“Client” means a client of Zenbundle who uses the Services, and may also be referred to as “you” or “your.”

“Client Data” means all data or information relating to a Client or its Customers that is collected, stored, recorded, transmitted, or otherwise processed by Zenbundle in the provision of the Services, including data imported or added by the Client or third parties for the purposes of using the Services.

“Customer” means a Client’s end-user.

“Data Privacy Policy” means Zenbundle’s then-current data privacy policy, found in the Privacy Policy page on our Website.

“Data Protection Law” means applicable data protection and privacy laws, including but not limited to the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”), the Irish Data Protection Acts 1988 to 2018, and any implementing regulations.

“Free Tier” means any free or reduced pricing for a tier of Services offered under a Pricing Plan.

“Free Trial” means a limited free trial of any of the Services.

“Intellectual Property” means all intellectual and industrial property rights, including without limitation logos, brand names, images, designs, photographs, video clips, content, copyrights, database rights, software rights, domain names, business names, trademarks, service marks, goodwill, and other intellectual property rights, whether registered or unregistered.

“Platform” means Zenbundle’s software-as-a-service (SaaS) platform through which the Services are provided.

“Pricing Plans” means the pricing plans (including those set out on the Website) or fees agreed with the Client for use of the Services.

“Services” means the solutions provided by Zenbundle, including commerce media solutions, conversational and AI-assisted shopping solutions (including Zenbundle AI Chat), on-site search and product discovery, integrations, and analytics tools.

“Website” means our website (https://www.zenbundle.com) and our applications available on third-party app stores.

2. Introduction and Eligibility

2.1 These Terms govern a Client’s use of the Services, whether under a paid subscription, Free Trial, or otherwise. By signing up, accessing, or using Zenbundle’s Services, the Client agrees to be bound by these Terms.

2.2 If you enter into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2.3 If the Client does not agree to be bound by these Terms, they should not use the Services.

3. Information About Us

3.1 Zenbundle Limited is a private limited company (Company No.: 726155), registered in Ireland, with a business address at 77 Camden Street Lower, Saint Kevin’s, Dublin, D02 XE80, Ireland.

3.2 If you wish to contact us, you can do so at support@zenbundle.com.

4. Account Registration and Security

4.1 Clients may access Zenbundle’s Services through the Shopify App Store or directly via Zenbundle’s platform. While Shopify facilitates account creation and billing, the Client enters into an agreement with Zenbundle and may be required to interact with Zenbundle’s proprietary platform for full functionality.

4.2 Clients are responsible for maintaining the security of their account credentials. Any unauthorised use of an account must be reported to Zenbundle immediately at support@zenbundle.com.

5. Pricing and Cancellations

5.1 Fees are as set out in the Pricing Plan applicable to the Services the Client has subscribed to. A Pricing Plan may consist of a Monthly Flat Fee, a Performance-Based Fee, or both, and the applicable Pricing Plan will state which apply. Where a Monthly Flat Fee applies it is billed automatically on a recurring basis. Where a Performance-Based Fee applies it is calculated on sales attributed to Zenbundle and processed weekly in arrears, and the Client will receive a weekly estimate including a breakdown of orders and associated Zenbundle campaigns. Subscriptions to Zenbundle applications purchased through the Shopify App Store are billed at the flat monthly rate shown on the applicable app listing and carry no Performance-Based Fee unless separately agreed in writing. For Clients who sign up via Shopify, payments and invoicing are managed through Shopify’s billing system.

5.2 Clients may cancel their subscription at any time via their Shopify account or directly through Zenbundle’s platform. Cancellations take effect at the end of the current billing cycle. No refunds will be issued for partial billing cycles, except where required by law.

5.3 Zenbundle may change its Pricing Plans, including the fees, the features included in each plan and any usage thresholds (such as monthly online order volumes) that determine which plan applies to a Client, on at least 30 days' notice by email or in-app. A change to the fee for an existing subscription takes effect from the Client's next billing cycle after the notice period and, for subscriptions billed through Shopify, only once the Client has approved the revised charge in Shopify. Where a Client's usage exceeds the threshold for its current plan, Zenbundle may ask the Client to move to the appropriate plan and will not charge the higher fee until the Client has accepted it. A Client who does not accept a change may cancel under clause 5.2 before it takes effect.

6. Free Trials, Free Tiers, and Other Promotional Offers

6.1 Zenbundle may offer a Free Trial, Free Tier, or other promotional offers under terms it deems appropriate. Use of the Services during any such trial or offer remains subject to these Terms.

6.2 The Free Trial begins on the date the Client accepts the Free Trial offer and expires at the end of the trial period, regardless of whether the Product is used.

6.3 Zenbundle subscriptions may automatically renew upon expiration of the trial period at the full subscription price unless cancelled before the trial expires.

7. Roles and Responsibilities

7.1 The Client acknowledges and confirms that:

(a) Its cooperation and involvement are necessary to receive certain Services. This includes, but is not limited to, supporting the integration or interfacing of the Zenbundle Platform with third-party sites, applications, platforms, automation tools, and other services, including Shopify, Google Ads, Google Merchant Center, Facebook Ads, and other e-commerce and advertising platforms. The Client represents and warrants that it has all necessary rights and permissions to facilitate such integrations and that they do not infringe upon the rights, including Intellectual Property rights, of any third party.

(b) The Client is responsible for setting up and configuring the Services, including provisioning access to authorised personnel.

(c) Zenbundle provides access to third-party services via API but does not guarantee uninterrupted service availability or compliance with third-party policies.

(d) The Client remains responsible for compliance with applicable Data Protection Laws, including any required consents when using Zenbundle’s integrations with third-party platforms.

(e) Zenbundle is not responsible for disruptions, inaccuracies, or errors caused by third-party services, including but not limited to API changes, outages, or data processing errors within external platforms.

8. Intellectual Property

8.1 Zenbundle owns all Intellectual Property in the Services. Clients do not acquire any ownership rights, except as granted under these Terms.

8.2 AI Output

(a) AI Output is generated automatically from the Client’s own product, inventory, delivery and policy information and from the shopper’s input. As between the parties, the Client owns its underlying content and the AI Output relating to its store, and Zenbundle grants the Client all rights necessary to use it.

(b) The Client remains responsible for the accuracy, completeness and legality of the product, pricing, stock, delivery and policy information it publishes and makes available to the Services, and for keeping its published policies current.

(c) AI Output may be inaccurate, incomplete or out of date. It is provided for information only, does not constitute professional, medical, legal or financial advice, and does not constitute an offer capable of acceptance or a variation of the Client’s own terms, pricing or policies. The Client’s published product pages and policies prevail over any AI Output in the event of conflict.

(d) The Client is responsible for configuring the topics its assistant will and will not discuss, and for any additional disclaimers required in its sector. Zenbundle provides controls for restricting topics and may apply its own safeguards, filtering and rate limiting, and may retain records of misuse or abuse of the Services.

9. Data Protection and Client Data

9.1 Roles. For personal data that Zenbundle processes to provide the Services, Client is the controller and Zenbundle is the processor (or the equivalent under applicable law).

9.2 Instructions and Purpose. Zenbundle will process Client Data only on documented instructions from Client, solely to provide the Services (including analytics, attribution, campaign management, conversational and AI-assisted shopping features, and integrations enabled by Client), and as required by law.

9.3 Data Minimization. Zenbundle requests and uses only the Shopify access scopes needed for enabled features, and will limit access and retention to what is necessary.

9.4 Sub-processors. Client authorizes Zenbundle to use sub-processors (e.g., cloud hosting, model hosting, analytics, ad platforms that Client connects). Zenbundle will maintain an up-to-date list, notify Client of material changes, and remain responsible for each sub-processor. Client may object on reasonable, documented grounds; if not resolvable, Client may suspend the affected feature or terminate the Agreement (pro-rata refund for prepaid unused fees).

9.5 Security. Zenbundle implements appropriate technical and organizational measures (including encryption in transit and at rest, access controls, and logging) to protect Client Data.

9.6 Retention and Deletion. During the term, Zenbundle retains Client Data as needed to provide the Services. Within 30 days after termination or upon written request, Zenbundle will delete or return Client Data (unless lawfully required to retain limited copies, e.g., backups). Retention periods for specific categories of data, including AI Chat conversation data, are set out in the Data Privacy Policy.

9.7 International Transfers. Where Client Data is transferred outside the EEA or UK, Zenbundle will use a lawful transfer mechanism, including the EU Standard Contractual Clauses (Commission Implementing Decision (EU) 2021/914, Module 2), and for the UK, the UK IDTA or UK Addendum. Where Zenbundle or a sub-processor is certified under the EU-U.S. Data Privacy Framework, transfers to that entity may rely on the adequacy decision.

9.8 Incidents and Breach Notice. Zenbundle will notify Client without undue delay after becoming aware of a personal data breach affecting Client Data and, in any event, within 48 hours of confirmation, providing details to support Client’s assessments and notifications. (Controller’s 72-hour authority-notification duty applies to Client under GDPR Art. 33.)

9.9 Assistance. Taking into account the nature of processing, Zenbundle will assist Client in responding to data-subject requests, carrying out DPIAs and prior consultations, and meeting security and breach-notification obligations, as required by GDPR Art. 28(3)(e)-(f).

9.10 Audit and Reports. On request once per year (and following a material incident), Zenbundle will make available relevant information about its data-protection controls and allow reasonable audits subject to confidentiality, security, and scheduling requirements.

10. Publicity

10.1 Zenbundle may refer to the Client and the nature of the Services provided in its business development, investment, and marketing materials. This may include using the Client’s name, logo, and any non-confidential feedback provided by the Client to highlight case studies, success stories, or promotional content related to the Services. If the Client wishes to opt out of such use, they must notify Zenbundle in writing at support@zenbundle.com.

11. Termination and Suspension

11.1 Zenbundle reserves the right to suspend or terminate a Client’s account in cases of non-payment, breach of these Terms, or legal obligations.

12. Service Changes and Availability

12.1 Zenbundle may modify the Services from time to time. For changes that materially reduce core functionality, we will provide at least 30 days’ notice (email or in-app) and you may cancel before the change takes effect.

12.2 Zenbundle may offer beta or pre-release features, provided on an “as is” and “as available” basis.

12.3 Zenbundle may run A/B or pilot features to improve performance. Such tests will not degrade data security or privacy, and we will not enable merchant-facing changes without notice or consent where required. You may opt out by contacting support.

12.4 Zenbundle is not responsible for service disruptions caused by third-party platform changes or outages.

12.5 Zenbundle Services may experience temporary unavailability due to maintenance or third-party service disruptions.

13. Entire Agreement and Variation

13.1 These Terms (including the Data Privacy Policy, and any other terms notified to the Client) constitute the entire agreement between the Client and Zenbundle. These Terms supersede any and all prior agreements, negotiations, representations, and proposals, whether written or oral, relating to the subject matter herein.

13.2 These Terms apply to the exclusion of any other terms and conditions that the Client seeks to impose or incorporate, or which are implied by law, trade custom, practice, or course of dealing.

14. General

14.1 Nothing in these Terms is intended to or shall operate to create a partnership, joint venture, or agency relationship between the parties. Neither party has the authority to act as an agent for the other or bind the other party in any way.

14.2 The Client shall not assign, sub-contract, or transfer any of its rights or obligations under these Terms without Zenbundle’s prior written consent. Zenbundle may assign or sub-contract its rights and obligations at its sole discretion.

14.3 Zenbundle reserves the right to modify or update these Terms at any time. The most recent version of these Terms will be available on our Website, and continued use of the Services after such changes will constitute acceptance of the revised Terms.

14.4 No failure or delay by Zenbundle in enforcing any provision of these Terms shall constitute a waiver of that provision or any other provision.

14.5 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.6 Zenbundle shall not be liable for any delay or failure in performance resulting from a Force Majeure Event, including but not limited to strikes, industrial disputes, failure of utility services, acts of God, war, civil unrest, malicious damage, legal or regulatory compliance, accidents, breakdowns, cyberattacks, or telecommunications failures.

14.7 Any provisions of these Terms that are intended to survive termination shall do so, including but not limited to Sections 5 (Pricing and Cancellations), 7 (Roles and Responsibilities), 8 (Intellectual Property, including AI Output), 9 (Data Protection and Client Data), and 10 (Publicity).

14.8 These Terms shall be governed by and construed in accordance with the laws of Ireland, and the courts of Ireland shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.

15. Contact Information

For any questions regarding these Terms, contact support@zenbundle.com.