Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you (“you,” “your,” or “Customer”) and Zen Media Consulting, LLC (“Zen Media,” “we,” “us,” or “our”), a company located in Miami, Florida, United States. They govern your access to and use of SitePOV and related websites, applications, and services (collectively, the “Service”), available at sitepov.com, app.sitepov.com, and through our Shopify application.

1. The Service

SitePOV is a business tool that deploys automated, AI-driven “shopper” personas to navigate an online store, observe where a shopper hesitates or abandons, and generate a report of friction points and ranked recommended fixes. The Service may also offer recurring (“weekly monitoring”) audits, shareable reports, and related features. SitePOV is a Zen Media product, and qualified users may be offered implementation services through our services partner, Optimum7.

We may add, change, suspend, or discontinue any part of the Service at any time. The Service is provided for business use and is not intended for personal, family, or household purposes.

2. Eligibility and Accounts

• You must be at least 18 years old and capable of forming a binding contract.
• You must be using the Service for business purposes, on behalf of yourself or an organization you are authorized to represent. If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization, and “you” includes that organization.
• You are responsible for the accuracy of your account information and for all activity under your account and organization, including activity by your team members. Keep your credentials confidential and notify us promptly of any unauthorized use.

3. Authorized Use of the Website-Analysis Feature

This Section is material to your right to use the Service.

The Service operates an automated browser that visits, loads, renders, and interacts with the website(s) you submit, and captures content, screenshots, and interaction data from them. You are solely responsible for ensuring that you are authorized to submit each website for analysis and for the lawfulness of analyzing it. You represent and warrant that, for every URL you submit, you either:

(a) own or operate the website; or

(b) have the necessary rights, permissions, or authorization to have it accessed and analyzed by an automated tool on your behalf.

You agree not to use the Service to:

• access any website in violation of that website's terms of use, robots restrictions, technical access controls, or applicable law (including the U.S. Computer Fraud and Abuse Act and similar laws);
• circumvent authentication, paywalls, rate limits, or anti-bot measures on any site you are not authorized to access in that manner;
• harvest personal data of third parties unlawfully, or submit logins, payment details, or other credentials you are not authorized to use;
• conduct competitive analysis or scraping of a third party's site in a manner that violates that party's rights or applicable law; or
• place an excessive or disruptive load on any website (e.g., a denial-of-service effect).

4. Eligibility Gating and Audit Tiers

Some features depend on automated eligibility checks (for example, an estimate of a store's annual revenue or platform tier obtained from third-party data providers). Depending on those signals, you may receive a full AI shopper run, a more limited automated audit, or a refusal. Eligibility logic and thresholds may change at any time. Eligibility estimates are provided “as is” and may be inaccurate; they do not constitute a representation about any store.

5. Plans, Fees, Credits, and Billing

• Free run. We may offer a free initial AI shopper run as described on our site. Free offers are subject to change or withdrawal.
• Monitoring and paid plans. Paid plans (such as weekly Monitoring and custom “Scale” plans) are billed at the prices and intervals shown at the time of purchase. Web purchases are processed through Stripe; purchases made through the Shopify app are billed through Shopify's billing system. By subscribing, you authorize recurring charges until you cancel.
• Credits. Certain usage is metered in credits. Credits are consumed when runs are executed and have no cash value except as expressly stated. Promotional credits may expire.
• Taxes. Stated prices may exclude taxes; you are responsible for applicable taxes other than taxes on our net income.
• Cancellation. You may cancel a subscription at any time; cancellation takes effect at the end of the current billing period, and you retain access through the paid period. We do not provide pro-rated refunds for partial periods except as stated below or as required by law.
• Refunds. If something is not right, contact us within 14 days of a charge and we will work in good faith to make it right. Except as expressly provided or required by law, fees are non-refundable.
• Changes to pricing. We may change prices on a going-forward basis with notice as required by law; changes do not affect the current paid period.

Billing and payment details are handled by our payment processors; we do not store full payment card numbers. See our Privacy Policy.

6. Your Content and Inputs

“Customer Inputs” means the URLs, brand information, persona definitions, configurations, and other materials you submit. You retain ownership of your Customer Inputs. You grant us a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and use Customer Inputs and the data generated from them solely to provide, secure, and improve the Service and to generate your reports, including by transmitting relevant data to our AI and infrastructure subprocessors. You represent that you have all rights necessary to grant this license and that your Customer Inputs do not violate these Terms or any law or third-party right.

7. Reports, AI Output, and No Professional Advice

Reports, verdicts, recommendations, and other outputs (“Output”) are generated with the assistance of automated systems and large language models and may contain errors, omissions, or inaccuracies. Output is provided for informational purposes only and is not professional, legal, financial, or guaranteed business advice. You are responsible for evaluating Output before relying on or acting on it. We do not warrant any particular result, conversion rate, revenue, or business outcome from using the Service or implementing any recommendation.

Because Output is generated by models and from publicly observable site content, similar or identical Output may be generated for other customers; we make no exclusivity representation regarding Output.

8. Acceptable Use

You agree not to, and not to permit anyone to:

• use the Service in violation of any law or these Terms, or for any infringing, fraudulent, or harmful purpose;
• reverse engineer, decompile, scrape, or attempt to extract the source code or underlying models of the Service, except to the extent this restriction is prohibited by law;
• resell, sublicense, or provide the Service to third parties except as expressly permitted;
• interfere with, disrupt, or attempt to gain unauthorized access to the Service or its infrastructure;
• use the Service to build a competing product, or to train a competing machine-learning model; or
• upload malware or transmit unlawful, infringing, or abusive content.

We may suspend or terminate access for violations.

9. Third-Party Services and Platforms

The Service integrates with third-party platforms and providers, including Shopify, Stripe, Supabase, Browserbase, Anthropic, Google, OpenAI, Postmark, and others (see the Privacy Policy). Your use of those platforms may be subject to their separate terms. We are not responsible for third-party services, and we disclaim liability for their acts, omissions, or availability. If you use the Service through Shopify, you also agree to comply with Shopify's applicable terms.

10. Intellectual Property

The Service, including its software, design, text, and trademarks (“SitePOV,” “Zen Media,” and related marks), is owned by Zen Media or its licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. We reserve all rights not expressly granted. You retain ownership of Customer Inputs (Section 6) and, as between you and us, of the report content generated specifically for you, subject to our underlying rights in the Service and models.

11. Feedback

If you provide suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.

12. Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, create risk or legal exposure for us, or for any lawful reason. Upon termination, your right to use the Service ends. Sections that by their nature should survive (including Sections 3, 6, 7, 10, 13, 14, 15, 16, and 17) survive termination. We may delete your data after termination as described in the Privacy Policy.

13. Indemnification

You will defend, indemnify, and hold harmless Zen Media and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Customer Inputs or any website you submitted for analysis; (b) your use of the Service; (c) your violation of these Terms or any law; or (d) your violation of any third-party right, including claims of unauthorized access, scraping, infringement, or privacy violation.

14. Disclaimers

THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT OUTPUT WILL BE ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ZEN MEDIA OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ZEN MEDIA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS ARE A FUNDAMENTAL BASIS OF THE BARGAIN.

16. Governing Law; Dispute Resolution; Arbitration

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, and applicable U.S. federal law.

Informal resolution. Before filing a claim, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

Binding arbitration. Except for claims that qualify for small-claims court and claims for injunctive relief relating to intellectual property or unauthorized use, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be seated in Miami-Dade County, Florida, and may be conducted by videoconference. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. You and we agree that disputes will be brought only in an individual capacity and not as a plaintiff or class member in any class, collective, or representative proceeding.

Forum for non-arbitrable claims. For any dispute not subject to arbitration, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida.

If the class-action waiver is found unenforceable as to a particular claim, that claim will proceed in court, but the rest of this Section remains in effect.

17. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede prior agreements.
• Changes. We may update these Terms by posting a revised version with a new “Last updated” date. Material changes will be communicated as required by law. Continued use after changes take effect constitutes acceptance.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
• No waiver. Our failure to enforce a provision is not a waiver.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Notices. We may provide notices by email or by posting on the Service.
• Relationship. Nothing in these Terms creates a partnership, agency, or employment relationship.

18. Contact Us