Terms of Service

1. The Services

Rethink Bundles lets Shopify merchants build and sell product bundles: bundle builders and templates, discounts applied at Shopify's checkout, reporting, A/B testing (Smart Testing), personalization, abandonment rescue (Smart Trigger) and subscription options. We may add, change or remove features. If we remove a core feature you pay for, we'll give you reasonable notice. Features we label as beta are provided as they are and may change or end.

2. Who can use the Services

The Services are for businesses, not consumers. To use the app you need a Shopify store in good standing, and you must be at least 18 and authorised to act for the business. Your use of Shopify is governed by Shopify's own terms, and we aren't responsible for Shopify's services.

3. Plans, fees and billing

• Plans and prices are set out on our pricing page, which forms part of these terms. Fees depend on your monthly bundle revenue: the revenue from orders our bundles are attributed for in the billing month, net of refunds.
• The Free plan costs nothing while your bundle revenue stays within the free limit shown on the pricing page.
• Paid plans are billed through Shopify, in US dollars, monthly or yearly, and appear on your Shopify bill. Taxes may be added where they apply.
• Paid plans may start with a free trial. The trial length and what happens when it ends are shown when you approve the charge in Shopify.
• How plan caps, upgrades and downgrades work is described on the pricing page.
• Enterprise plans are agreed in a separate order form, which takes priority over these terms where they differ.
• We may change prices with at least 30 days' notice. New prices apply from your next billing period after the notice.
• Except where the law or Shopify's billing rules require otherwise, fees already paid aren't refundable.

4. Managed plan services

On the Managed plan we run your testing programme: our team works in the app on your store's bundles, offers, rewards and pop-ups, tests changes against your current setup, and reports on the results. By choosing the plan you authorise us to make these changes in the app for you. We'll agree with you before changing your prices or discounts, and you remain responsible for the offers shown in your store.

5. Your responsibilities

• Your offers. You're responsible for your products, prices, discounts, gifts and offer terms, and for following consumer protection, pricing, advertising and tax laws where you sell, including rules on reference prices and limited-time offers.
• Your shoppers' privacy. You are the controller of your shoppers' personal information. You must tell shoppers about the app in your store's privacy policy and, where the law requires consent for analytics, collect it through Shopify's customer privacy settings or a consent banner that uses them. The app follows the consent signals Shopify provides.
• Your content. You must have the rights to the images, videos, text and other content you upload, and you're responsible for it.
• Your account. Keep your Shopify account secure and your account details accurate.

6. Acceptable use

You must not, and must not let anyone else:

• use the Services for anything illegal, or to sell prohibited products;
• create misleading offers, such as fake reference prices or countdowns that never end;
• use personalization or targeting to discriminate against people based on protected characteristics;
• copy, modify, reverse engineer or decompile the Services, except where the law allows it;
• get around plan limits or billing, or resell the Services;
• interfere with or overload the Services, probe them for vulnerabilities without our permission, or upload malicious code; or
• use the Services to build a competing product.

7. AI features

• Rethink Bundles includes AI features that we build and run ourselves, including Smart Trigger, Smart Testing and personalization. Our Privacy Policy explains how they work and what data they use.
• They make predictions and recommendations from your store's data. Predictions can be wrong, and we don't guarantee any result, such as a lift in revenue or average order value.
• You stay in control: Smart Testing only tests versions you've approved, and you decide which offers and pop-ups appear in your store.
• We don't use your store's data to train or tune models for other stores, and we don't send personal information to third-party AI providers.
• You must not use the AI features to make decisions with legal or similarly significant effects on people, or for any practice that the EU AI Act prohibits or treats as high-risk, or that similar laws restrict.

8. Data and privacy

• Our Privacy Policy explains what we collect and how we use it.
• For your shoppers' personal information, we act as your processor and service provider: we process it only to provide the Services, as configured through your settings, and we don't sell it or use it for our own advertising.
• We help you respond to shoppers' data requests, including through Shopify's data request and redaction webhooks. If you need a data processing agreement, contact us.
• You give us permission to use your store's data to provide and support the Services. We may use aggregated or de-identified information that doesn't identify you or your shoppers to operate and improve the Services.
• When you uninstall, we delete your store's data as described in the Privacy Policy.

9. Third-party services

The Services work with Shopify and, if you choose, with services such as Recharge. Those services are provided under their own terms, and we aren't responsible for them. If a third party changes or withdraws access we rely on, we may need to change or stop the affected features.

10. Intellectual property

We own the Services and everything we provide as part of them. While you comply with these terms, we give you a limited, non-exclusive, non-transferable right to use the Services for your business. You keep ownership of your content and store data. If you send us feedback or ideas, we may use them without any obligation to you.

11. Confidentiality

Each of us will keep the other's non-public business information confidential, use it only for the purposes of these terms, and share it only with people who need it and are bound by similar duties. This doesn't cover information that is public, already known to the recipient, independently developed, or that must be disclosed by law.

12. Support and availability

We work to keep the Services available and to answer support requests promptly, but we don't promise uninterrupted service. Unless an Enterprise order form says otherwise, there's no service level agreement. We may take the Services down briefly for maintenance.

13. Disclaimers

The Services are provided "as is" and "as available". To the extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We don't warrant that the Services will be error-free or achieve any particular result.

14. Limitation of liability

To the extent the law allows, neither of us is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if told they were possible. Our total liability for all claims relating to the Services is limited to the fees you paid us in the 12 months before the event giving rise to the claim, or US$100 if you paid nothing. These limits don't apply where the law doesn't allow them to.

15. Indemnity

You will defend and indemnify Rethink against third-party claims, and the resulting losses and costs, arising from your products, offers, content or store, or from your breach of these terms or of the law.

16. Term and termination

These terms apply for as long as you use the Services. You can stop at any time by uninstalling the app. We may suspend or end your access if you breach these terms or don't pay, if the law requires it, or if Shopify ends our access to your store; where reasonable we'll tell you first. When access ends, your right to use the Services stops and we delete your data as described in the Privacy Policy. Sections that by their nature should survive, such as fees owed, intellectual property, disclaimers, limitation of liability and indemnity, survive.

17. Changes to these terms

We may update these terms. If a change is significant, we'll tell you by email or in the app at least 30 days before it takes effect, unless the law requires a faster change. If you keep using the Services after a change takes effect, you accept the updated terms.

18. Governing law and disputes

These terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. Before starting formal proceedings, we'll each try to resolve a dispute informally for at least 30 days. The state and federal courts located in Delaware have exclusive jurisdiction, and we each agree to them.

19. General

• These terms, the pricing page, the Privacy Policy and any order form are the entire agreement between us about the Services.
• You may not transfer these terms without our consent. We may transfer them to a successor in a merger, acquisition or sale of assets.
• Neither of us is liable for delays caused by events beyond reasonable control.
• If any part of these terms can't be enforced, the rest stays in effect. Not enforcing a right isn't a waiver of it.
• We're independent contractors. Notices to you may be sent by email or in the app; notices to us go to the address below.

20. Contact

Rethink Software, LLC, 2261 Market Street, STE 86828, San Francisco, CA 94114, United States. Email: nikil@rethinkbundles.com.