Zizr Merchant Agreement

Effective date: 21 May 2026
Last updated: 21 May 2026
Available at: https://www.zizr.com/legal/merchant-agreement

This Merchant Agreement (“Agreement”) is entered into between:

Zizr AS (“Zizr”, “we”, “us”, “our”), organisation number 922 796 556, having its registered office at Dronningens gate 38, 7011 Trondheim, Norway,

and

the operator of a Shopify store who installs the Zizr Shopify app (“Merchant”, “you”, “your”), individually each a “Party” and together the “Parties”.

By installing the Zizr app from the Shopify App Store and proceeding past the in-app acceptance screen, you (or the individual installing on behalf of the Merchant) confirm that you have authority to bind the Merchant, and you accept this Agreement together with the Zizr Data Processing Agreement and the Zizr Privacy Policy. Zizr maintains records of acceptance, including the version accepted, the timestamp, and the Shopify shop identifier.

Contract documents and order of precedence

This Agreement consists of the following documents. In case of conflict, the documents apply in the following order of priority:

1. The mandatory provisions of applicable data protection law.
2. The Standard Contractual Clauses where applicable (incorporated by reference into the DPA).
3. The Zizr Data Processing Agreement (“DPA”), available at https://www.zizr.com/legal/dpa.
4. This Agreement.
5. The Zizr Privacy Policy, available at https://www.zizr.com/legal/privacy.
6. Any product-specific terms or supplementary terms that Zizr may publish for specific features.

Table of Contents

1. Definitions
2. The Service
3. Account and access
4. Fees and payment
5. Merchant obligations
6. Data and intellectual property
7. Privacy and data protection
8. Confidentiality
9. Warranties and disclaimers
10. Limitation of liability
11. Indemnification
12. Term and termination
13. Suspension
14. Modifications
15. Force majeure
16. General provisions
17. Governing law and dispute resolution

1. Definitions

Capitalised terms used in this Agreement have the meanings given to them in this section or in the DPA.

• “Customer Personal Data” has the meaning given in the DPA.
• “Documentation” means the user documentation for the Service published at https://www.zizr.com/docs or at the Shopify App Store listing.
• “Fees” means the fees payable by the Merchant for the Service, as displayed in the Shopify App Store and confirmed via the Shopify Billing API at installation and on each subsequent billing cycle.
• “Service” means the Zizr Shopify app and any related features, integrations, and content provided by Zizr to the Merchant.
• “Shopper” means a customer or visitor of the Merchant’s Shopify store.

2. The Service

Zizr provides a Shopify app that delivers personalised sizing recommendations, FitBack (structured post-purchase fit and return feedback), returns analytics, and related infrastructure features such as product data normalisation, the optional Zizr ID account, Findr, and circularity enablement, all as further described in the Documentation and the Shopify App Store listing.

The Service may evolve over time. Zizr may add, modify, or discontinue features in its sole discretion, subject to the Modifications section below. Zizr may publish product-specific terms for new features, which apply in addition to this Agreement.

3. Account and access

3.1 Installation and authority

The Merchant accesses the Service by installing the Zizr app from the Shopify App Store. The individual installing the app warrants that they have authority to bind the Merchant. The Service is provided for business use only and not for personal, household, or family purposes.

3.2 Eligibility

The Merchant warrants that it operates a legitimate Shopify store, complies with the Shopify Terms of Service and Acceptable Use Policy, and is not a person or entity subject to applicable sanctions or trade restrictions.

3.3 Authorisation and scopes

By installing the Service, the Merchant authorises Zizr to access the Shopify data and use the API scopes that the Service requires, including Customer Personal Data within the scope of Shopify’s protected customer data programme. The Merchant may revoke this access at any time by uninstalling the app, which terminates this Agreement under section 12.

3.4 Account credentials

The Merchant is responsible for safeguarding its Shopify account credentials and any Zizr admin credentials issued to its personnel. The Merchant is responsible for all activity conducted under its account.

4. Fees and payment

4.1 Pricing

Fees are as displayed in the Shopify App Store and confirmed via the Shopify Billing API at installation and on each subsequent billing cycle. Different pricing tiers may apply based on usage, plan selection, and features enabled.

4.2 Billing through Shopify

All Fees are billed via the Shopify Billing API. The Merchant authorises Shopify to charge the Merchant’s Shopify account for the Fees in accordance with Shopify’s billing terms.

4.3 Free trial

Zizr may offer a free trial period at its discretion. The terms of any free trial are displayed in the Shopify App Store. After the free trial ends, Fees become payable unless the Merchant has uninstalled the app or cancelled the subscription via Shopify.

4.4 Taxes

All Fees are exclusive of any applicable VAT, sales tax, withholding tax, or other governmental charges, which are the Merchant’s responsibility, except for taxes imposed on Zizr’s net income.

4.5 Price changes

Zizr may change Fees with at least 30 days’ notice via in-app notice or email. If the Merchant does not agree to the new Fees, the Merchant may terminate this Agreement before the new Fees take effect, in accordance with section 12.

4.6 Refunds

Fees are non-refundable except where required by applicable law or as expressly stated in the Shopify App Store listing or in writing by Zizr.

5. Merchant obligations

The Merchant shall:

• Comply with the Shopify Terms of Service, Acceptable Use Policy, and all applicable laws in its use of the Service.
• Provide accurate and complete data to Zizr through the Service, including product catalogue data, where required for the Service to function.
• Provide a clear storefront privacy notice that explains the use of Zizr and the data shared with Zizr.
• Obtain and manage consents and opt-outs from Shoppers where required by applicable law, including EEA and UK cookie consent and U.S. state-level opt-outs.
• Configure Service features in line with the Merchant’s legal basis. For example, only enabling optional marketing modules where the Merchant has valid consent or opt-out controls.
• Forward Shopper data subject requests to Zizr via Shopify’s privacy webhooks or directly to privacy@zizr.com.
• Not use the Service to harass, defraud, mislead, or harm Shoppers.
• Not attempt to reverse-engineer, decompile, or otherwise discover the source code or non-public APIs of the Service, except to the extent expressly permitted by applicable law.
• Not circumvent any technical or contractual limitations of the Service.
• Not use the Service to compete with Zizr or to develop a competing product.

6. Data and intellectual property

6.1 Merchant data and intellectual property

As between the Parties, the Merchant retains all rights, title, and interest in its Shopify store, its product catalogue, its trademarks, its product images, and all data that the Merchant provides to or makes available to Zizr through the Service (“Merchant Materials”). Nothing in this Agreement transfers ownership of Merchant Materials to Zizr.

6.2 Licence to Zizr

The Merchant grants Zizr a non-exclusive, royalty-free, worldwide licence to use, reproduce, store, process, and display Merchant Materials solely as necessary to provide the Service, to improve the Service in accordance with section 6.4, and to exercise its rights and perform its obligations under this Agreement and the DPA. This licence terminates upon termination of this Agreement, subject to the data retention provisions of the DPA.

6.3 Marketing use of Merchant name and marks

The Merchant grants Zizr a non-exclusive, royalty-free, worldwide licence to use the Merchant’s business name, trademarks, logos, and product images solely to identify the Merchant as a Zizr customer in marketing materials, on the Zizr website, in customer references, and in case studies. The Merchant may opt out of such marketing use by emailing privacy@zizr.com. Zizr will discontinue such use within a reasonable period after receiving an opt-out request, except for materials already produced or distributed at that time.

6.4 Use of data for Service improvement

The Merchant acknowledges that Zizr may use Customer Personal Data and Merchant Materials to provide, improve, and develop the Service, including by training and evaluating recommendation algorithms, in accordance with the DPA and the Privacy Policy. Zizr uses pseudonymisation, aggregation, and other safeguards where feasible. Aggregated and de-identified outputs derived from such use, from which no individual or Merchant is reasonably identifiable, are owned by Zizr and may be retained and used by Zizr without restriction.

6.5 Zizr intellectual property

The Service, the Zizr brand and trademarks, all software and documentation, all algorithms and models, and all aggregated or de-identified outputs are and remain the exclusive property of Zizr. Zizr grants the Merchant a non-exclusive, non-transferable, revocable, non-sublicensable, limited licence to use and operate the Service in accordance with this Agreement and the Documentation, for the duration of the Service.

6.6 Feedback

If the Merchant provides feedback, suggestions, or ideas to Zizr regarding the Service, Zizr may use such feedback without restriction and without compensation, and the Merchant grants Zizr a perpetual, irrevocable, worldwide, royalty-free licence to such feedback.

7. Privacy and data protection

Zizr’s processing of Customer Personal Data on behalf of the Merchant is governed by the DPA. The DPA forms an integral part of this Agreement. The Merchant accepts the DPA by accepting this Agreement.

Zizr’s collection, use, and processing of the Merchant’s own Personal Data (for example contact details, billing information) is governed by the Zizr Privacy Policy.

Zizr complies with applicable Payment Card Industry Data Security Standards through its use of Shopify Billing for all payment processing. Zizr does not collect, store, or process payment card data directly.

8. Confidentiality

Each Party shall keep confidential and shall not disclose to third parties any non-public information of the other Party that is marked as confidential or that a reasonable person would understand to be confidential (“Confidential Information”), except:

• To its employees, contractors, advisors, or Subprocessors who have a need to know and who are bound by equivalent confidentiality obligations.
• To the extent required by law, court order, or governmental authority, with reasonable prior notice to the other Party where legally permitted.

Confidentiality obligations survive termination of this Agreement.

Confidential Information does not include information that is or becomes publicly available without breach of this Agreement, that was already known to the receiving Party without confidentiality restrictions, that is independently developed without reference to the disclosing Party’s Confidential Information, or that is lawfully received from a third party without confidentiality restrictions.

9. Warranties and disclaimers

9.1 Mutual warranties

Each Party warrants that it has the full right, power, and authority to enter into this Agreement and to perform its obligations.

9.2 Zizr warranties

Zizr warrants that:

• The Service will be provided with reasonable skill and care.
• The Service was developed by Zizr or licensed from third parties with appropriate rights.
• The Service is provided in accordance with applicable law.
• Zizr will not knowingly introduce malicious code into the Service.

9.3 Service availability

Zizr does not warrant that the Service will be uninterrupted, error-free, or available at any particular time or location. Availability may be limited from time to time for maintenance, updates, or due to factors beyond Zizr’s reasonable control. Zizr will use commercially reasonable efforts to maintain availability of the Service.

9.4 Recommendations are advisory

The Merchant acknowledges that size recommendations and other outputs of the Service are advisory only. Sizes and fit are subjective. The Merchant remains solely responsible for the products it sells, the descriptions it provides, and the customer relationships it manages. The use of the Service will not eliminate all returns.

9.5 Disclaimer

EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZIZR DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of liability

10.1 Exclusion of indirect damages

To the maximum extent permitted by applicable law, neither Party shall be liable to the other for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, data, goodwill, business interruption, or anticipated savings, arising out of or in connection with this Agreement, regardless of the legal theory of liability and even if the Party has been advised of the possibility of such damages.

10.2 Cap on direct damages

To the maximum extent permitted by applicable law, the aggregate liability of each Party to the other for direct damages arising out of or in connection with this Agreement shall not exceed the total Fees paid by the Merchant to Zizr under this Agreement during the 12 months immediately preceding the event giving rise to the liability.

10.3 Carve-outs

The limitations in sections 10.1 and 10.2 do not apply to:

• Either Party’s liability for gross negligence or wilful misconduct.
• Either Party’s breach of confidentiality obligations under section 8.
• The Merchant’s payment obligations under section 4.
• Either Party’s indemnification obligations under section 11.
• Either Party’s liability under Articles 82 and 83 GDPR or under the SCCs, to the extent applicable mandatory law does not permit limitation.
• Any other liability that cannot be excluded or limited under applicable mandatory law.

11. Indemnification

11.1 By Zizr

Zizr shall defend, indemnify, and hold harmless the Merchant against any third-party claim that the Service, as provided by Zizr and used by the Merchant in accordance with this Agreement, infringes the intellectual property rights of that third party. This indemnification does not apply where the alleged infringement arises from (a) Merchant Materials, (b) the Merchant’s modifications to the Service, (c) the Merchant’s combination of the Service with other products or services not provided by Zizr, or (d) the Merchant’s use of the Service in a manner inconsistent with this Agreement or the Documentation.

11.2 By the Merchant

The Merchant shall defend, indemnify, and hold harmless Zizr against any third-party claim arising from (a) the Merchant’s breach of this Agreement, (b) the Merchant’s violation of applicable law, (c) Merchant Materials, including any claim that Merchant Materials infringe the rights of a third party, or (d) the Merchant’s processing of Customer Personal Data in violation of the DPA or Applicable Data Protection Laws.

11.3 Procedure

The indemnified Party shall promptly notify the indemnifying Party of any claim, give the indemnifying Party sole control of the defence and settlement of the claim (provided that no settlement may impose any non-monetary obligation on the indemnified Party without its consent, which shall not be unreasonably withheld), and provide reasonable assistance to the indemnifying Party in the defence.

12. Term and termination

12.1 Term

This Agreement takes effect upon the Merchant’s acceptance and continues on a monthly basis until terminated in accordance with this section.

12.2 Termination for convenience by the Merchant

The Merchant may terminate this Agreement at any time, with no minimum commitment, by uninstalling the Zizr app from the Shopify admin or by giving written notice to privacy@zizr.com. Termination takes effect at the end of the current billing cycle. Fees paid for the current billing cycle are non-refundable.

12.3 Termination for convenience by Zizr

Zizr may terminate this Agreement for convenience on at least 30 days’ written notice to the Merchant.

12.4 Termination for cause

Either Party may terminate this Agreement with immediate effect if the other Party:

• Materially breaches this Agreement and fails to cure the breach within 14 days of receiving written notice (or any longer period agreed in writing).
• Becomes insolvent, enters into bankruptcy, makes an arrangement with creditors, commences winding-up proceedings, or stops payments.
• Materially breaches the Shopify Terms of Service or Acceptable Use Policy.

Zizr may also terminate this Agreement with immediate effect if required by Shopify, by law, by a competent authority, or to address an imminent security risk.

12.5 Effects of termination

Upon termination:

• The Merchant’s access to the Service ends.
• Zizr will delete or anonymise Customer Personal Data in accordance with section 10 of the DPA.
• Sections that by their nature should survive termination (including sections on confidentiality, intellectual property, limitation of liability, indemnification, and governing law) survive.
• Each Party will return or destroy any Confidential Information of the other Party, except as required by law or as otherwise permitted under the DPA.

13. Suspension

Zizr may suspend the Merchant’s access to the Service, in whole or in part, with or without notice, if:

• The Merchant fails to pay Fees when due.
• The Merchant’s use of the Service threatens the security, integrity, or availability of Zizr’s systems or other merchants’ use of the Service.
• The Merchant violates applicable law, the Shopify Acceptable Use Policy, or this Agreement.
• Zizr is required to do so by law, by a competent authority, or by Shopify.

Suspension does not relieve the Merchant of its obligation to pay Fees for the period of suspension where the suspension is caused by the Merchant’s breach. Zizr will restore access promptly after the cause of suspension is resolved.

14. Modifications

Zizr may modify this Agreement from time to time. Material changes that adversely affect the Merchant’s rights will be communicated via in-app notice or email at least 30 days before they take effect. Non-material changes (such as clarifications, typo corrections, or updates that do not adversely affect the Merchant) may be made without advance notice.

Continued use of the Service after a material change takes effect constitutes acceptance. If the Merchant does not agree to a material change, the Merchant may terminate this Agreement before the change takes effect, in accordance with section 12.

15. Force majeure

Neither Party shall be liable for delay or failure in performance caused by an event beyond its reasonable control, including acts of God, war, terrorism, civil unrest, natural disasters, epidemics, pandemics, governmental action, labour disputes, internet or telecommunications failures, or failures of third-party services not procured by that Party.

The affected Party shall notify the other Party promptly and shall use reasonable efforts to mitigate the impact. If the force majeure event continues for more than 60 days, either Party may terminate this Agreement on 15 days’ written notice.

16. General provisions

16.1 Notices

Notices to Zizr shall be sent to contact@zizr.com or privacy@zizr.com (for privacy and data protection matters), with a copy by registered mail to Zizr AS, Dronningens gate 38, 7011 Trondheim, Norway. Notices to the Merchant shall be sent to the merchant admin email on file in the Shopify admin.

16.2 Assignment

Neither Party may assign this Agreement without the prior written consent of the other Party. Zizr may assign this Agreement in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of its assets, with notice to the Merchant.

16.3 No waiver

The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of that provision.

16.4 Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced by a valid provision that most closely reflects the original intent.

16.5 Entire agreement

This Agreement, together with the DPA, the Privacy Policy, and any product-specific terms, constitutes the entire agreement between the Parties with respect to the Service and supersedes any prior agreements or understandings on that subject.

16.6 No agency

Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the Parties.

16.7 Third-party rights

This Agreement does not create rights for any third party, except for Shoppers under the DPA and the SCCs to the extent expressly provided.

16.8 Language

This Agreement is concluded in English. If Zizr provides a translation, the English version prevails in case of conflict.

17. Governing law and dispute resolution

This Agreement is governed by Norwegian law, without regard to its conflict of law principles.

The Parties shall first attempt to resolve any dispute arising out of or in connection with this Agreement amicably. If the dispute cannot be resolved within 30 days of one Party notifying the other in writing of the dispute, either Party may submit the dispute to the exclusive jurisdiction of Oslo tingrett, subject to mandatory consumer or data protection law that confers jurisdiction elsewhere.

The Standard Contractual Clauses incorporated in the DPA are governed by Irish law and subject to the courts of Ireland, as required by Clause 17 of the SCCs.

Signature for Zizr AS:
Petter Hellevik, CEO
Zizr AS

Acceptance by Merchant: By installing the Zizr app from the Shopify App Store and proceeding past the in-app acceptance screen, the Merchant accepts this Agreement.