Terms of service

These terms govern your use of the keenconvert.com website (the “Site”) and the Shopify apps published by Keen Convert (the “Apps”). Keen Convert is a trading name of NBT 360 FZE, a company registered in Sharjah, United Arab Emirates (“we”, “us”). By using the Site or installing an App you agree to these terms. If you install an App on behalf of a business, you confirm that you have authority to bind that business.

1. The Apps

Each App is described on its page on this Site and in its Shopify App Store listing. We provide the Apps as a subscription service delivered through the Shopify platform. We may improve, change or discontinue features over time; we will give reasonable notice of any change that materially reduces what an App does.

An App may be marked as concept, building, beta or live. Beta features are provided for evaluation, may change without notice, and may not be suitable for every store.

2. Your account and your store

You are responsible for your Shopify account, for the settings you choose in an App, and for the people you allow to use it. You must keep your Shopify credentials secure and tell us promptly if you believe an App has been accessed without authorisation.

3. Fees and billing

Fees for each App are shown in its App Store listing and are charged through Shopify Billing on your Shopify invoice, in the currency and at the interval shown there. Fees exclude taxes; where a tax applies, Shopify or we will add it. Where a free trial is offered, it ends automatically and billing begins unless you uninstall the App before the trial ends. Except where the law requires otherwise, fees are not refundable.

We may change fees with at least 30 days’ notice through the App, the Site or email. Continuing to use the App after the change takes effect means you accept the new fees.

4. Acceptable use

You agree not to use the Site or an App to break the law, to infringe anyone’s rights, to send unsolicited messages, to interfere with the operation or security of our systems, or to reverse engineer, copy or resell an App. Where an App sends messages to shoppers on your behalf, for example the WhatsApp fallback in Keen Address, you are responsible for having a lawful basis to contact those shoppers and for complying with the messaging platform’s rules.

5. Data

Our privacy policy explains what data we collect and how we handle it, including the processor terms that apply when we process your customers’ data on your behalf. Those terms form part of this agreement. You are responsible for the accuracy of the data you and your shoppers provide and for having the rights needed to share it with us.

6. Third-party services

The Apps depend on services we do not control, including Shopify, the Saudi National Address database, messaging platforms and carriers. We are not responsible for the availability or accuracy of those services. In particular, a National Short Address returned by the national database is provided as published by that database, and you remain responsible for checking shipments before they leave.

7. Intellectual property

We own the Apps, the Site and everything in them, including code, designs, text and trademarks. You receive a limited, non-exclusive, non-transferable right to use the Apps on your Shopify store for as long as your subscription is active. Any feedback you give us may be used to improve our products without obligation to you.

8. Warranties and disclaimers

We will provide the Apps with reasonable skill and care. Beyond that, and to the extent permitted by law, the Site and the Apps are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that an App will be uninterrupted or error-free, or that every address will be matched.

9. Limitation of liability

To the extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, data or goodwill, arising out of or in connection with the Site or an App. Our total liability to you for all claims arising in any twelve-month period is limited to the fees you paid us for the App concerned in that period. Nothing in these terms limits liability that cannot be limited by law, including liability for fraud or for death or personal injury caused by negligence.

10. Indemnity

You will indemnify us against claims, losses and costs arising from your breach of these terms, your use of an App in violation of the law, or the content and data you or your shoppers provide.

11. Suspension and termination

You may stop using an App at any time by uninstalling it from your Shopify store, which ends your subscription at the end of the current billing period. We may suspend or terminate your access if you breach these terms, if your Shopify account is closed, or if continuing would put our systems or other merchants at risk; where practical we will give you notice first. On termination your right to use the App ends and we delete your data as described in the privacy policy.

12. Changes to these terms

We may update these terms from time to time. We will post the new version on this page with a new “Last updated” date and, for material changes, notify merchants by email or through the App at least 30 days before they take effect. Continuing to use the Site or an App after that date means you accept the new terms.

13. Governing law and disputes

These terms are governed by the laws of the Emirate of Sharjah and the federal laws of the United Arab Emirates. The courts of Sharjah have exclusive jurisdiction over any dispute arising out of or in connection with these terms, and each party submits to that jurisdiction. Before starting proceedings, both parties agree to try in good faith to resolve the dispute by discussion for at least 30 days.

14. General

If any part of these terms is found unenforceable, the rest remains in effect. Our failure to enforce a right is not a waiver of it. You may not assign these terms without our consent; we may assign them to a successor of our business. These terms, together with the privacy policy and the App Store listing for each App, are the entire agreement between us regarding the Site and the Apps.

15. Contact

NBT 360 FZE, trading as Keen Convert Sharjah, United Arab Emirates support@keenconvert.com