Terms of Servive

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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.
• “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, 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 All Subscription Plans include a Monthly Flat Fee and a Performance-Based Fee. The Monthly Flat Fee is billed automatically on a recurring basis. The Performance-Based Fee is calculated based on sales attributed to Zenbundle and processed weekly in arrears. Clients will receive a weekly estimate of Performance-Based Fees, including a breakdown of orders and associated Zenbundle campaigns. 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.

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.

9. Publicity

12.1 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.

‍10. Termination and Suspension

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

11. Service Changes and Availability

11.1 Zenbundle may, without notice, modify, add, or remove any aspect of the Services. Clients unhappy with changes may cancel their subscription in accordance with these Terms.

11.2 Zenbundle may offer beta or pre-release features, provided on an "as is" and "as available" basis.

11.3 Zenbundle may conduct A/B testing to evaluate service performance. Participation is voluntary and at the Client’s own risk.

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

11.5 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 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), 9 (Data Protection and Client Data), 12 (Liability and Disclaimer of Warranties), and 13 (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.

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12. Contact Information

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

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