TERMS OF Service
The legal agreement between you and ZestIQ, outlining rights, responsibilities, and how we work together. Last updated: March 22, 2026.
The legal agreement between you and ZestIQ, outlining rights, responsibilities, and how we work together. Last updated: March 22, 2026.
By accessing and using the ZestIQ website, services, and products (collectively, the "Services"), including the ZestIQ Sales Agent, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Services.
These Terms apply to all users, including customers, free trial users, and subscribers. Your continued use of the Services following any changes to these Terms constitutes your acceptance of the updated Terms.
ZestIQ provides AI-powered sales agents for ecommerce stores. Our Sales Agent is a conversational AI platform that integrates with your ecommerce systems to assist customers, answer product questions, and help drive sales conversion.
Our Services include:
We reserve the right to modify, suspend, or discontinue any feature or functionality of the Services with reasonable notice. The Services are provided "as-is" unless otherwise specified in writing.
To use the Services, you must create a ZestIQ account. You agree to provide accurate, current, and complete information during registration and to keep your account information up-to-date.
You are responsible for maintaining the confidentiality of your account credentials, including your password and API keys. You agree to accept responsibility for all activity that occurs under your account. You must immediately notify us of any unauthorized access or use of your account.
Accounts must be created by individuals who are at least 18 years old and legally capable of entering into binding agreements. If you are acting on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.
You agree to use the Services only for lawful purposes and in compliance with all applicable laws, regulations, and these Terms. You agree not to:
ZestIQ reserves the right to investigate and take appropriate action against users who violate these acceptable use policies, including suspension or termination of your account.
All content, features, functionality, designs, graphics, text, and code that comprise the Services and the ZestIQ platform are the exclusive property of ZestIQ and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services for the purposes outlined in these Terms.
The ZestIQ name, logo, and all related marks are trademarks of ZestIQ. You may not use these trademarks without our express written permission.
You retain all ownership rights to data you provide to ZestIQ, including customer information, product catalogs, and customizations. You grant ZestIQ a worldwide, royalty-free license to use, reproduce, and process your data solely to operate the Services, improve our offerings, and provide analytics and insights.
We will not use your data to train competing products or disclose it to third parties, except as required by law or with your explicit consent.
Our processing of your personal data is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Services, you consent to our collection and processing of data as described in the Privacy Policy.
For customers and users located in the European Union, the European Economic Area, or other jurisdictions with similar data protection laws, ZestIQ complies with applicable data protection regulations, including the General Data Protection Regulation (GDPR).
If you are subject to GDPR or similar laws and require a DPA, please contact us at [email protected].
ZestIQ commits to maintaining the Services with commercially reasonable effort. We aim to provide 99.5% uptime, measured monthly, excluding scheduled maintenance windows.
Scheduled maintenance is typically performed during off-peak hours with advance notice. We are not responsible for unavailability caused by:
We will provide at least 7 days' notice for scheduled maintenance that may impact your access to the Services. Critical security updates may be deployed with less notice.
Paid plans are billed on a subscription basis. Billing occurs at the start of your billing cycle (monthly or annual, depending on your plan). You authorize ZestIQ to charge the payment method on file for all fees associated with your subscription.
You agree to maintain valid and current payment information in your account. If a payment fails, we will attempt to collect the outstanding balance using your backup payment method or contact you to update your payment information. If payment cannot be collected after multiple attempts, your access to the Services may be suspended.
All subscription payments are non-refundable, except as required by law or as explicitly detailed below:
You are responsible for any applicable sales tax, value-added tax (VAT), goods and services tax (GST), or other taxes. ZestIQ will add applicable taxes to your invoice based on your location and business status.
ZestIQ reserves the right to change subscription prices with 30 days' notice. Changes will take effect at the start of your next billing cycle. Continued use of the Services after the notice period constitutes acceptance of the new pricing.
ZestIQ offers a 14-day free trial to eligible customers. The free trial is intended to allow you to evaluate the Services before committing to a paid plan.
If you do not upgrade to a paid plan before your trial expires, your account will be downgraded to our free tier (if available) or access will be suspended. We will send you reminder notifications before your trial expires.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZESTIQ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ZESTIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ZESTIQ'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO ZESTIQ IN THE 12 MONTHS PRECEDING THE CLAIM, OR $500 IF YOU HAVE NOT MADE ANY PAYMENTS.
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages. To the extent such limitation is unenforceable, ZestIQ's liability shall be limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless ZestIQ, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or in connection with:
This indemnification obligation does not apply to the extent any claim arises from ZestIQ's gross negligence, willful misconduct, or breach of these Terms.
You may terminate your subscription to the Services at any time by accessing your account settings or by contacting [email protected]. Termination is effective at the end of your current billing period, and you will not be charged for any future billing cycles.
ZestIQ may suspend or terminate your access to the Services immediately if:
ZestIQ may also terminate your account for any reason with 30 days' written notice to the email address on file.
These Terms are governed by and construed in accordance with the laws of the Republic of Poland and the European Union, without regard to conflicts of law principles. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
If you are a consumer located in a specific jurisdiction, you may have additional legal protections that these Terms cannot waive. Those protections remain in effect.
For customers in North America, Asia, or other regions, ZESTIQ Sp. z o.o. may designate alternative governing law by written agreement. Please contact [email protected] for region-specific terms.
Before pursuing any legal action, we encourage you to contact us at [email protected] with details of your dispute. We will make a good-faith effort to resolve the issue within 30 days.
If you are located in the United States or Canada and we cannot resolve your dispute informally, you and ZestIQ agree to submit the matter to binding arbitration rather than litigation, except as otherwise required by law.
If you are located in the European Union or other jurisdictions, either party may pursue legal action in the courts of competent jurisdiction in your local area or in Warsaw, Poland.
ZestIQ may update these Terms from time to time to reflect changes in our Services, applicable law, or other factors. We will notify you of material changes by sending an email to the address on file and updating the "Last Updated" date at the top of this page.
Your continued use of the Services 30 days after notice of changes constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must terminate your account before the updated Terms take effect.
For questions, concerns, or to request a Data Processing Agreement, please contact us at:
ZESTIQ Sp. z o.o.
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Legal & Compliance: [email protected]
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