Agreement summary
These Terms, together with the Zensli Data Processing Agreement, Privacy Policy, applicable Subscription, order form, Service Plan, and any other written service documentation agreed between the parties, form the agreement governing use of the Zensli Service.
1 Terms and Acceptance
By creating an account for or using the Zensli service (“Service”) provided by PKG AB, a Swedish company (Reg. No. 559008-9222), referred to as “we,” “us,” or “our,”, you, as the “Customer,” agree to be bound by these Terms of Service.
These Terms, together with the Zensli Data Processing Agreement , the Zensli Privacy Policy , and any applicable Subscription, order form, Service Plan, or other written terms accepted by the parties, form the legally binding agreement governing use of the Service (“Agreement”).
By accepting these Terms or using the Service, the Customer confirms that it has read and agrees to the Agreement and that the person accepting it has authority to act on behalf of the Customer.
If an individual registers for or uses the Service on behalf of a legal entity, that entity is the Customer. The individual represents and warrants that they have authority to bind that entity to the Agreement.
If you do not agree to the Agreement or do not have authority to bind the relevant organisation, you must not create an Account, purchase a Subscription, or use the Service on behalf of that organisation.
2 Definitions
- API
- Application Programming Interface provided as part of the Service.
- Customer Account
- The Zensli account used by the Customer to manage its Instance, Subscription, settings, privacy configuration, integrations, Users, and other Service functionality.
- Customer App
- An application, digital service, mobile application, or other software operated or controlled by the Customer in relation to which the Service is used.
- Customer Content
- Content, material, configuration, code, instructions, messages, or other information posted, submitted, transmitted, configured, or uploaded to the Service by the Customer or a User.
- Customer Data
- Data processed through the Service on behalf of the Customer, including data relating to Customer Websites, Customer Apps, End Users, events, interactions, profiles, identifiers, integrations, and connected systems.
- Customer Website
- A website, domain, landing page, or other web property operated or controlled by the Customer in relation to which the Service is used.
- End User
- An individual who visits, accesses, interacts with, submits information to, or is otherwise associated with a Customer Website, Customer App, communication, or connected Customer system.
- End User Data
- The subset of Customer Data relating to End Users, which may include personal data, pseudonymous identifiers, technical data, behavioural data, submitted information, or derived information depending on the Customer’s configuration.
- Force Majeure
- An event or circumstance beyond a party’s reasonable control, including war, terrorism, natural disaster, epidemic, governmental action, civil disorder, cyberattack, significant infrastructure failure, telecommunications failure, or another comparable unforeseen event.
- Instance
- The Zensli service environment or logical Customer context designated for the Customer.
- Service Plan
- The service level selected by the Customer from available plans, an order form, quotation, Subscription, or another written agreement.
- Service or Zensli Service
- The hosted software, APIs, tracking functionality, analytics functionality, integrations, interfaces, documentation, and related services provided by PKG AB under the Zensli name.
- Subscription
- The right to use the applicable Service Plan during an agreed subscription period.
- User
- An individual authorised by the Customer to access or administer the Service on the Customer’s behalf.
- User Account
- An individual account created for a User under the Customer Account.
3 Customer Accounts
Registration
To use the Service, the Customer must create a Customer Account and provide accurate and reasonably complete registration information, including legal name, valid contact information, organisation information, and other information reasonably required to establish or administer the account.
Login security
The Customer is responsible for protecting Customer Account and User Account credentials, managing authentication methods and permissions, and taking reasonable steps to prevent unauthorised access.
Account activity
The Customer is responsible for activity performed through its Customer Account and User Accounts, including configuration changes, integrations, exports, API activity, Customer Content, and other instructions submitted by authorised Users.
User Accounts
Separate User Accounts may be created according to the applicable Service Plan. The Customer must ensure that Users comply with the Agreement. Login credentials must not be shared between individuals except where expressly supported by the Service.
Support and maintenance access
PKG AB may access the Customer Account, Instance, configuration, logs, or related Customer Data where reasonably necessary to provide support, maintenance, security, incident response, troubleshooting, or service administration, subject to applicable confidentiality and data-protection obligations.
Legal compliance
The Customer is responsible for ensuring that its use of the Service complies with applicable laws, regulations, contractual obligations, industry requirements, and requirements applicable to the Customer’s own End Users.
Automated and excessive use
Customer Accounts and User Accounts must not be created through unauthorised bots, scripts, or automated registration mechanisms.
PKG AB may temporarily restrict or disable use where activity materially exceeds applicable Service Plan limits, creates unreasonable technical load, threatens platform stability or security, violates the Agreement, or materially affects other customers. Reasonable notice will be provided where practicable.
Prohibited use
Content removal and conduct
PKG AB may remove Customer Content, restrict functionality, or suspend Accounts where reasonably necessary because Customer Content or use of the Service violates the Agreement, applicable law, security requirements, or the rights of another party.
The Customer and its Users must not engage in abusive, threatening, fraudulent, unlawful, or materially harmful conduct toward other customers, PKG AB personnel, contractors, partners, systems, or services.
Trials and subscriptions
PKG AB may offer a free or limited trial (“Trial”). Trial functionality, duration, limits, and availability may differ from paid Service Plans.
If the Customer does not subscribe before the Trial ends, the Customer Account and Customer Data may be restricted or deleted according to the Trial terms and applicable retention process.
If the Customer subscribes during the Trial, Customer Data collected during the Trial may remain associated with the Customer Account, subject to the selected Service Plan, Customer configuration, and applicable retention terms.
By subscribing, the Customer authorises PKG AB to charge recurring Subscription fees and applicable taxes using the agreed payment method. Subscriptions renew until cancelled in accordance with these Terms unless otherwise agreed.
4 Use and Configuration of the Service
Zensli provides configurable analytics, tracking, identification, profiling, segmentation, security, integration, reporting, automation, and data-activation functionality.
The Customer determines which available features are enabled and how the Service is configured for its websites, applications, End Users, systems, and business purposes.
Depending on the Customer’s configuration, the Service may process information relating to:
- Website visits, page views, events, interactions, clicks, downloads, forms, media, and navigation.
- IP addresses, browser information, device information, operating systems, screen information, network data, and similar technical information.
- Cookies, browser storage, pseudonymous identifiers, browser or device signals, fingerprints, or similar technologies where enabled or used.
- Email addresses, telephone numbers, names, Customer identifiers, external identifiers, and other information submitted by End Users or supplied by Customer-controlled systems.
- Profiles, visitor associations, segments, engagement scores, churn-risk indicators, classifications, and other derived analytical data.
- Information exchanged with Customer-selected CRM, marketing automation, analytics, database, or other connected systems.
The Customer is responsible for determining whether a feature is appropriate for the Customer’s intended purposes, End Users, and jurisdictions and for configuring the Service accordingly.
The Customer is responsible for decisions regarding, among other things:
- Whether and when tracking is enabled.
- Whether consent is required before particular functionality is used.
- Whether cookies, local storage, browser signals, device signals, or fingerprinting functionality is enabled.
- Whether and how End Users are identified.
- Whether anonymous or pseudonymous activity is associated with an identified profile.
- Which forms, fields, events, and custom information are collected.
-
Which forms or form fields must be excluded from collection,
including through available exclusion mechanisms such as
data-zensli-ignore. - Which profiles, segments, scores, classifications, or automated workflows are used.
- Retention periods and deletion settings.
- Which third-party systems receive or provide data.
- How Customer Data and analytical results are used outside the Service.
The Customer is responsible for determining which forms and form
fields may be collected through the Service. Where a form or form
field contains sensitive, confidential, unnecessary, prohibited,
or other information that should not be processed by Zensli, the
Customer must use the available exclusion functionality, including
data-zensli-ignore, or another appropriate technical
measure to prevent that information from being submitted to the
Service.
The availability of a feature, configuration, identifier, tracking method, integration, analytical capability, or privacy setting does not constitute a representation by PKG AB that the Customer may use that functionality without consent, notice, opt-out, legal basis, contractual permission, or another requirement applicable to the Customer.
PKG AB may provide documentation, technical settings, implementation guidance, APIs, or other tools intended to assist Customers with configuration of the Service. Such material is technical or product guidance and does not constitute legal advice.
5 API and Integrations
Where included in the applicable Service Plan, the Customer may access Customer Data and Service functionality through the Zensli API during an active Subscription.
API credentials
API keys, client secrets, access tokens, and other credentials are confidential. The Customer is responsible for their secure storage, distribution, rotation, use, and revocation.
Usage limits
API access may be subject to request limits, rate limits, quotas, concurrency limits, technical restrictions, or other limits associated with the applicable Service Plan.
Third-party systems
The Customer is responsible for selecting, evaluating, configuring, authorising, and maintaining third-party applications, integrations, endpoints, accounts, and systems used with the Service.
API changes
PKG AB may update, replace, limit, or deprecate API functionality. Reasonable notice will be provided for material changes where practical.
Use of the API or an integration, including use through a third-party product, remains subject to the Agreement.
Where the Customer instructs Zensli to send Customer Data to a CRM, marketing automation platform, database, API endpoint, data platform, analytics service, or another recipient selected by the Customer, that transfer is performed according to the Customer’s configuration and instructions.
The Customer is responsible for determining whether it is permitted to transfer Customer Data to the selected recipient and for establishing any required contracts, permissions, notices, consents, opt-outs, international-transfer mechanisms, or other safeguards.
PKG AB is not responsible for the availability, security, functionality, terms, privacy practices, data handling, or actions of third-party systems controlled or selected by the Customer.
Abusive, unlawful, insecure, or excessive API usage may result in temporary or permanent restriction or suspension of API access.
6 Payment, Refunds, Upgrading, and Downgrading
Billing
Subscription fees are normally billed in advance using card, PayPal, invoice, or another agreed payment method.
Plan changes
Upgrades or downgrades normally take effect from the next billing cycle unless another effective date is stated or agreed.
Taxes
Fees are exclusive of applicable VAT, sales tax, withholding tax, or other taxes unless expressly stated otherwise.
Refunds
Unless required by applicable law or expressly agreed in writing, Subscription fees are non-refundable, including prepaid, unused, or partially used Subscription periods.
The Customer is responsible for providing correct billing and invoicing information and for paying applicable fees when due.
Failure to pay undisputed amounts when due may result in restriction or suspension of the Service after reasonable notice where practicable.
7 Modifications to the Service and Fees
Service changes
PKG AB may modify, improve, replace, limit, suspend, discontinue, or introduce features or parts of the Service as the Service evolves.
Reasonable notice will be provided for material changes that materially reduce core paid functionality where practical.
Changes required for security, legal compliance, reliability, abuse prevention, infrastructure, compatibility, or emergency reasons may be implemented without advance notice where necessary.
Fee adjustments
Subscription fees may be changed with at least 30 days’ notice unless another notice period is agreed. Updated fees normally take effect from the Customer’s next renewal or billing cycle.
If applicable law, a governmental authority, court, regulatory body, infrastructure provider, security requirement, or other circumstance beyond PKG AB’s reasonable control requires material changes, suspension, restriction, or shutdown of the Service, PKG AB may take reasonably necessary action.
8 Cancellation and Termination
Cancellation by the Customer
The Customer may cancel its Subscription through available account settings or another cancellation method communicated by PKG AB.
Cancellation prevents future renewal but does not normally entitle the Customer to a refund for the current Subscription period unless required by applicable law or expressly agreed otherwise.
Data export and deletion
The Customer is responsible for exporting Customer Data that it wishes to retain before termination or expiry of the applicable availability or retention period.
Following termination, Customer Data will normally be deleted or anonymised within 30 days unless a different period is stated in the applicable agreement, requested by the Customer and accepted by PKG AB, required by law, or reasonably necessary for backup expiration, security, dispute resolution, fraud prevention, or enforcement of legal rights.
Data retained temporarily in backups remains subject to applicable security and data-protection obligations and will not normally be restored for ordinary business use.
Suspension or termination by PKG AB
PKG AB may suspend, restrict, or terminate access where the Customer materially breaches the Agreement, fails to pay applicable undisputed fees, uses the Service unlawfully, creates material security or legal risk, materially threatens platform stability, or materially harms PKG AB, the Service, other customers, or third parties.
Where reasonably practicable and appropriate, PKG AB will provide notice and an opportunity to remedy a material breach before permanent termination.
Immediate action may be taken where reasonably necessary to address security incidents, unlawful activity, serious misuse, imminent harm, or legal requirements.
9 Ownership and Intellectual Property
As between the parties, the Customer retains its rights in Customer Content and Customer Data, subject to the rights necessary for PKG AB and its authorised subprocessors to provide, secure, operate, maintain, support, and improve the Service in accordance with the Agreement.
The Customer grants PKG AB a limited right to process, transmit, store, reproduce, analyse, and otherwise use Customer Content and Customer Data only to the extent reasonably necessary to provide the Service, perform documented Customer instructions, meet applicable legal obligations, and exercise rights expressly permitted by the Agreement.
Except for Customer Content and Customer Data, all intellectual-property rights in the Service, source code, software, algorithms, documentation, design, user interfaces, APIs, architecture, trademarks, branding, and related materials remain owned by PKG AB or its licensors.
No intellectual-property rights are transferred except for the limited, non-exclusive, non-transferable right to use the Service during a valid Trial or Subscription in accordance with the Agreement.
The Customer must not remove or obscure copyright, trademark, attribution, proprietary, or security notices included in the Service except where expressly permitted.
If the Customer voluntarily provides feedback, suggestions, feature requests, or improvement ideas concerning the Service, PKG AB may use that feedback without payment, attribution, or restriction, provided that such use does not grant PKG AB independent rights to Customer Data.
Aggregated and de-identified information
PKG AB may use aggregated or de-identified information derived from operation of the Service to operate, secure, analyse, measure, and improve the Service, provided that such information does not identify an individual End User or disclose Customer-confidential information.
PKG AB will not use Customer Data to create an independent cross-Customer identity graph for advertising, data brokerage, or unrelated profiling purposes.
10 Privacy and Customer Data
The Customer determines the purposes for which Customer Data is processed through the Service and is responsible for ensuring that its collection, use, disclosure, retention, identification, profiling, and transfer of Customer Data and End User Data comply with applicable law.
Processing of Customer Data by PKG AB on behalf of the Customer is governed by the Zensli Data Processing Agreement .
Processing for which PKG AB independently determines the purposes, including certain Customer account, billing, support, service security, and administrative processing, is described in the Zensli Privacy Policy .
Legal basis
The Customer is responsible for determining and documenting an appropriate legal basis for Customer-controlled processing where required by applicable law.
Tracking and consent
The Customer is responsible for determining whether consent is required before using tracking, cookies, local storage, browser or device signals, fingerprinting, analytics, identification, or related technologies.
Privacy choices
The Customer is responsible for providing and honouring legally required withdrawal, objection, opt-out, Global Privacy Control, privacy preference, and similar mechanisms.
Retention
The Customer is responsible for choosing retention settings appropriate to its purposes, legal basis, data categories, and applicable legal requirements.
Privacy notices
The Customer is responsible for providing End Users with privacy, tracking, cookie, or other notices required by applicable law and for ensuring such notices accurately describe the Customer’s configured use of Zensli.
Identification and profile association
Where the Customer enables functionality that associates previously anonymous or pseudonymous activity with an identified End User, the Customer is responsible for determining whether that association is appropriate and lawful and for providing any required notice or choice.
Profiling and automation
Zensli may provide functionality for visitor profiles, segmentation, engagement scoring, churn-risk analysis, classifications, alerts, automation, or similar analytical processing.
The Customer determines whether such functionality is enabled and how the resulting information is used. The Customer is responsible for determining whether its use constitutes profiling, automated decision-making, targeted advertising, cross-context behavioural advertising, or another regulated activity.
Sale, sharing, and Customer-selected disclosures
PKG AB does not sell Customer Data to advertisers or data brokers for PKG AB’s independent purposes.
Customers may configure Zensli to disclose or transmit Customer Data to recipients selected by the Customer. The Customer is responsible for determining whether such collection, disclosure, or use constitutes a sale, sharing, targeted advertising, or another regulated activity and for implementing any required notices or choices.
End User rights
The Customer is normally responsible for receiving, authenticating, evaluating, and responding to privacy or data-protection requests relating to Customer Data.
PKG AB will provide reasonable assistance as described in the Data Processing Agreement where Customer Data processed through the Service is relevant to a valid request.
Data minimisation
The Customer is responsible for configuring the Service so that Customer Data collected or submitted is reasonably relevant and necessary for the Customer’s purposes.
Passwords, authentication secrets, full payment-card information, bank account credentials, card security codes, or other information that the Service is not designed to process must not intentionally be submitted to Zensli.
The Customer must not intentionally configure the Service to collect special-category, highly sensitive, protected health, biometric, government-issued identification, precise geolocation, or comparable sensitive personal information unless that processing has been expressly agreed with PKG AB and the Customer has established appropriate legal bases, safeguards, notices, and controls.
Privacy and tracking requirements vary by jurisdiction, technology, purpose, audience, and context. The Customer is responsible for assessing the legal requirements applicable to its use of Zensli and configuring the Service accordingly.
11 Security
PKG AB implements technical and organisational measures designed to protect the confidentiality, integrity, availability, and resilience of the Service and Customer Data, as further described in the Data Processing Agreement.
Account security
The Customer must protect passwords, authentication mechanisms, API credentials, access tokens, secrets, and User Account access.
Permissions
The Customer is responsible for assigning, reviewing, limiting, and removing User permissions and access to Customer-controlled integrations.
Security controls
The Customer must not bypass, disable, interfere with, or misuse security, authentication, rate-limiting, access-control, or abuse- prevention mechanisms provided by the Service.
Security incidents
The Customer must notify PKG AB without unreasonable delay if it becomes aware that Customer credentials or access to the Service have been compromised.
PKG AB may take reasonable action necessary to investigate, contain, mitigate, or prevent security threats, misuse, attacks, fraud, or unauthorised access.
Security measures reduce risk but cannot guarantee that every security incident, interruption, vulnerability, or unauthorised activity will be prevented.
12 Warranty and Liability
The Service is provided on an “as is” and “as available” basis. Unless expressly agreed in writing, no specific uptime guarantee, Service Level Agreement, uninterrupted availability, or error-free operation is provided.
Analytics and identification accuracy
The Customer acknowledges that analytics, identification, matching, geolocation, browser classification, bot detection, profiling, scoring, attribution, and similar functionality is inherently probabilistic or dependent on information available to the Service.
Results may be incomplete, delayed, unavailable, or incorrect because of shared devices, browser privacy restrictions, network configuration, inaccurate user input, blocked tracking, changing identifiers, third-party systems, technical limitations, or other circumstances.
The Customer is responsible for evaluating and, where appropriate, independently verifying information before relying on it for decisions that materially affect an individual or organisation.
Customer configuration
PKG AB does not warrant that a Customer-selected configuration, privacy setting, tracking implementation, consent mechanism, legal basis, retention period, integration, profile, automated workflow, or use case complies with laws or contractual requirements applicable to the Customer.
Third-party systems
PKG AB is not responsible for loss, interruption, unauthorised disclosure, data corruption, incorrect processing, or other consequences caused by third-party services or systems selected, configured, or controlled by the Customer, except to the extent such responsibility cannot lawfully be excluded.
To the extent permitted by applicable law, PKG AB shall not be liable for indirect, incidental, special, punitive, exemplary, or consequential loss, including loss of profit, revenue, opportunity, reputation, goodwill, anticipated savings, or data.
Nothing in the Agreement excludes or limits liability that cannot lawfully be excluded or limited.
13 General Conditions
Governing law and jurisdiction
The Agreement is governed by Swedish law, without regard to its conflict-of-law principles.
Swedish courts shall have exclusive jurisdiction over disputes arising from or relating to the Agreement unless mandatory applicable law requires otherwise.
Order of precedence
If provisions of the Agreement conflict, the following order of precedence applies unless expressly agreed otherwise:
- A specifically negotiated written agreement or order form signed by both parties.
- The Data Processing Agreement for matters concerning processing of Customer Data on behalf of the Customer.
- These Terms of Service.
- Other standard service documentation incorporated into the Agreement.
The Privacy Policy describes PKG AB’s privacy practices and processing roles and does not override contractual provisions of the Data Processing Agreement.
Entire agreement
The Agreement constitutes the complete agreement between the parties concerning the Service and supersedes previous discussions, representations, proposals, or agreements relating to the same subject matter, except where expressly preserved in writing.
No waiver
Failure or delay by either party to exercise a right under the Agreement does not waive that right.
Severability
If a provision of the Agreement is held invalid, unlawful, or unenforceable, the remaining provisions remain effective to the maximum extent permitted by law.
Assignment
The Customer may not assign or transfer the Agreement without prior written consent from PKG AB, except in connection with a merger, corporate reorganisation, or transfer of substantially all relevant business assets where the successor assumes the Customer’s obligations.
PKG AB may assign the Agreement in connection with a corporate reorganisation, merger, acquisition, sale of business, or transfer of the Zensli business, subject to applicable law and continued protection of Customer Data.
Updates to the Terms
PKG AB may amend these Terms to reflect changes to the Service, legal requirements, security practices, commercial terms, infrastructure, or business operations.
PKG AB will provide at least 30 days’ notice of material changes that materially affect the Customer’s rights or obligations, unless a shorter period is reasonably necessary because of law, security, abuse prevention, or another urgent requirement.
If the Customer does not accept a material change, the Customer may terminate the affected Subscription before the change takes effect. Fees already paid remain non-refundable unless required by applicable law or expressly agreed otherwise.
Force Majeure
Neither party shall be liable for delay or failure to perform an obligation caused by a Force Majeure event, provided that the affected party takes reasonable steps to mitigate the impact where practicable.
Independent parties
The parties are independent contracting parties. Nothing in the Agreement creates a partnership, joint venture, employment relationship, franchise, fiduciary relationship, or agency except to the extent expressly stated for data-processing roles.
No legal advice
Information, documentation, product settings, examples, recommendations, or implementation guidance provided by PKG AB concerning privacy, security, consent, tracking, retention, integrations, or regulatory requirements is intended to assist with use of the Service and does not constitute legal advice.
The Customer remains responsible for obtaining appropriate professional advice where necessary to determine the legal requirements applicable to its organisation and use of the Service.
Support
General support is provided through available support and contact channels. Response times, resolution times, availability targets, or other service levels are not guaranteed unless a separate support arrangement or Service Level Agreement has been agreed in writing.
Contact
Questions about these Terms may be submitted through the Zensli contact form.