Terms and Conditions

About us, and who can use the services

Zappush LLP is a Limited Liability Partnership registered in India, with its registered office at Desk No. WSA43, First Floor, B128, B Block, Sector 2, Noida, Uttar Pradesh 201301, India. You can reach us at [email protected].

You must be at least 18 years old and able to enter into a binding contract. If you are agreeing to these Terms on behalf of a company or other organisation, you confirm that you have the authority to bind it, and “you” means that organisation.

What we provide

The platform

The Zappush platform records what happens on your online store, builds a profile for each of your shoppers, and delivers conversion and audience data to the advertising platforms you connect. It works with Shopify, WooCommerce, WordPress, and custom storefronts.

Access is provided on a subscription basis. What each plan includes is set out on our pricing page and in the dashboard. We improve the platform continuously, so features change over time. We will not remove a material feature from a plan you are paying for without telling you first.

Implementation services

We also carry out custom implementation work under an individual Statement of Work or service agreement. Each one sets out its own scope, deliverables, timelines, acceptance criteria, and payment terms. Where a Statement of Work and these Terms conflict, the Statement of Work wins for that engagement.

Your account

You agree to:

• Give accurate information when you register, and keep it up to date.
• Keep your login credentials confidential and not share them.
• Manage who on your team has access, and remove people who no longer need it.
• Tell us promptly at [email protected] if you believe someone has gained unauthorised access.
• Take responsibility for everything done under your account.

We may suspend or close an account that breaches these Terms, that is used for fraud, or that puts the service or other customers at risk. Where it is practical and lawful to do so, we will tell you first.

Plans, billing, and trials

• Subscriptions are billed in advance, monthly or annually, at the plan you select. Fees are exclusive of taxes, which are added where they apply.
• Plans are metered by the volume of events the platform processes for you. If you consistently exceed the allowance on your plan, we will tell you and ask you to move to one that fits. We will not silently bill you for the overage.
• Where a plan includes a free trial, no charge is taken during it. If you do not cancel before the trial ends, the subscription begins and the first payment is taken.
• If you installed Zappush from the Shopify App Store, billing runs through Shopify and appears on your Shopify invoice. Otherwise it runs through our payment provider. Either way, you approve the charge before it is taken.
• We may change our pricing. If we do, we will give you at least 30 days' notice, and the change takes effect at your next renewal. Continuing to use the service after that is acceptance of the new price.
• Cancellation and refunds are covered in our Refund and Cancellation Policy.

Your data

You own the data you send us. We process it only to provide the service to you, on your instructions, and we never sell it.

How we handle it is set out in three documents, all of which form part of this agreement:

• Our Privacy Policy describes what we collect and why.
• Our Data Processing Agreement sets out the terms on which we process data on your behalf, including who else touches it and where.
• Our Data Retention Policy sets out how long we keep it and how to have it deleted.

Our security measures are described on our Security page.

You are responsible for having the right to send us the data you send, and for giving whatever notice and obtaining whatever consent applies to your shoppers wherever you operate. Do not send us government identifiers, payment card numbers, passwords, or health records; the platform is not built to hold them.

Acceptable use

You agree not to:

• Use the services in breach of any law or regulation that applies to you.
• Infringe anyone's intellectual property or privacy rights.
• Send data you have no right to send.
• Transmit malicious code, or attempt to gain unauthorised access to our systems, to another customer's data, or to anyone's account.
• Interfere with the service, circumvent its limits, or place a load on it designed to degrade it for others.
• Reverse engineer, decompile, or attempt to derive the source of the platform, except to the extent the law says you may.
• Resell, sublicense, or redistribute access to the services without our written authorisation.
• Use the services to build a competing product.

Breaching this section may lead to immediate suspension or termination.

Third-party platforms

The service connects to platforms operated by others, including your e-commerce platform and the advertising platforms you choose. Your use of those platforms is governed by their own terms and policies, and you are responsible for complying with them, including their advertising, data, and acceptable-use policies.

We are not responsible for a third-party platform changing, restricting, suspending, or withdrawing its service or its interfaces, and we cannot guarantee that any platform will accept, attribute, or act on the data we send on your behalf.

Intellectual property

Ours

The platform, our websites, and everything in them, including software, text, graphics, logos, and documentation, belong to Zappush LLP or our licensors. Your subscription grants you a non-exclusive, non-transferable, revocable licence to use the platform for its intended purpose while your subscription is active. It is licensed, not sold. You may not copy, modify, distribute, or create derivative works from it without our written consent.

Yours

Your data, your brand, and anything you provide to us remain yours. We claim no rights in them.

Implementation deliverables

For implementation work, anything you provide remains yours. Unless the Statement of Work says otherwise, deliverables created specifically for you are assigned to you on full payment. We keep the right to use the general knowledge, skills, techniques, and methods we develop or apply during the engagement.

Feedback

If you send us suggestions or feedback about the product, we may use them freely and without obligation to you. We will not identify you as the source without your permission.

Confidentiality

Each of us agrees to keep the other's confidential information confidential, to use it only for the purposes of this agreement, and to protect it with at least reasonable care. This does not apply to information that is public through no fault of the receiving party, that was already known to it, or that it is compelled by law to disclose. This obligation survives the end of this agreement by two years.

Availability and support

We work to keep the platform available and to fix problems promptly, and we will give notice of planned maintenance where we can. Support is provided by email at [email protected] during business hours.

We do not commit to a specific uptime figure or response time unless one is set out in a separate written agreement signed with you.

Warranties and disclaimers

The services are provided on an “as is” and “as available” basis. To the fullest extent the law allows, we make no warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the services will be uninterrupted, error-free, or free of harmful components, and we do not warrant any particular commercial result. Advertising performance depends on your creative, your offer, your pricing, your market, and the decisions of platforms we do not control.

Limitation of liability

To the fullest extent the law allows, neither party is liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or for lost profits, lost revenue, lost data, or lost business opportunity, however caused.

Our total aggregate liability arising out of or relating to this agreement is limited to the fees you paid us in the twelve months immediately before the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

Indemnity

You agree to indemnify and hold harmless Zappush LLP, its partners, employees, and agents against any claim, damage, loss, or expense, including reasonable legal fees, arising from your breach of these Terms, your use of the services, the data you send us, or your breach of any law or third-party right.

Term and termination

These Terms apply for as long as you use the services.

You may cancel at any time. Your access continues until the end of the period you have paid for, as set out in our Refund and Cancellation Policy.

We may suspend or terminate your access for material breach of these Terms, for non-payment, or where the law requires it. Where it is practical and lawful, we will give you notice and a chance to put it right first.

When your account closes, we stop collecting data immediately, keep what we hold for 30 days so you can take an export, and then delete it. Ask us sooner if you want it sooner. The full detail is in our Data Retention Policy.

The clauses on intellectual property, confidentiality, limitation of liability, indemnity, and governing law survive termination.

Changes to these Terms

We may update these Terms. When we do, we update the date at the top of this page. If a change materially affects your rights or obligations, we will tell you by email or in the dashboard at least 30 days before it takes effect. Continuing to use the services after that is acceptance of the updated Terms.

Governing law and disputes

These Terms are governed by the laws of India.

If a dispute arises, we both agree to try to resolve it through good-faith discussion first. Write to [email protected] and we will engage properly with it. If it is not resolved within 30 days, it will be referred to binding arbitration under the Arbitration and Conciliation Act, 1996, before a single arbitrator, with the seat of arbitration in Noida, Uttar Pradesh, and proceedings in English. The courts of Noida have exclusive jurisdiction over anything not subject to arbitration.

General

• If any provision of these Terms is found unenforceable, the rest continues in full force, and that provision is treated as modified to the minimum extent needed to make it enforceable.
• A failure to enforce a provision is not a waiver of it.
• You may not assign this agreement without our written consent. We may assign it as part of a merger, acquisition, or sale of assets, on notice to you.
• Neither party is liable for a failure to perform caused by something genuinely outside its reasonable control.
• These Terms, together with the Privacy Policy, the Data Processing Agreement, the Data Retention Policy, the Refund and Cancellation Policy, and any applicable Statement of Work, are the entire agreement between us on this subject, and replace anything said or written before.

Contact

Questions about these Terms:

Zappush LLP Desk No. WSA43, First Floor, B128, B Block, Sector 2, Noida Uttar Pradesh 201301, India Email: [email protected]