Subscription terms

2026-10-29.self-service.pricing-v2

Document version: 2026-10-29-v2
Effective date: 31 October 2026

Consent identifier: Document version 2026-10-29-v2 is the agreement identified at checkout and Plan changes by consent identifier 2026-10-29.self-service.pricing-v2. The general website terms at /terms are a separate document.

1. Parties, scope and acceptance

These Self-Service Subscription Terms (“Terms”) govern the subscription between GengageAI Inc., a Delaware corporation (“Gengage”, “we”, “us”), and the business identified in the subscription checkout or account (“Merchant”, “you”).

Contracting entity and notice address: GengageAI Inc., a Delaware corporation, is the contracting and invoicing entity. Notice address: 1259 El Camino Real, Menlo Park, CA 94025, United States. Notice email: [email protected].

The Service is offered for business purposes. The person accepting these Terms represents that they have authority to bind the Merchant. Describing a customer as a business does not remove any mandatory protections applicable to that customer.

You accept the identified version through the affirmative acceptance step presented at checkout or when expressly migrating to the v2 offer. Your selected Plan, commercial confirmation and applicable Terms version are recorded with the transaction. Acceptance alone does not establish successful payment or live activation.

These Terms cover v2 Starter, Growth and Pro self-service subscriptions. Each subscription covers one Store. Enterprise services are quote-led, require a separate order form and applicable agreement, and are outside these Terms. Shoppers do not become parties to these Terms merely by using the assistant.

Existing legacy subscribers retain their legacy Plans, prices, allowances, terms and available legacy plan-change options unless they expressly choose migration. Publication of these Terms does not migrate them. Migration requires a separate selection, a plan-change preview and express acceptance.

For a migration scheduled for the next renewal, acceptance authorizes the migration, but the existing legacy commercial terms continue until its confirmed effective time. These Terms govern the migration instruction upon acceptance and the v2 subscription from that effective time. An unsuccessful migration does not itself change the existing Plan. Migration does not restart the introductory period. Once the subscription has moved to v2, legacy Plans cannot be selected as new plan-change targets.

Subsequent changes between v2 Plans may rely on your previously recorded acceptance of the same Terms version. Fresh acceptance is required where a newly applicable version has not already been accepted or applicable law otherwise requires it.

2. Definitions

• Service: Gengage’s hosted AI shopping assistant, related merchant account tools, installation script and features provided under the selected Plan.
• Store: The merchant website and associated service account identified for the subscription.
• Shopper: A visitor interacting with the assistant on your Store.
• Conversation: All qualifying messages sent by the same identified Shopper to the assistant on the same Store during one calendar day in Europe/Istanbul time, counted together as one Conversation. Page views alone do not count. Different browsers or cleared cookies may create different Shopper identifiers and separate Conversations. A Conversation is not an individual message or a fixed-duration chat session.
• Plan: The selected subscription package specifying the recurring price and included Conversation allowance.
• Quota or allowance: The Conversations included in a Billing Period. It is not a guaranteed level of traffic or sales.
• Billing Period: The monthly subscription interval recorded by the billing provider, beginning at subscription commencement and renewing on the applicable monthly anniversary. It is not necessarily a calendar month or exactly 30 days.
• First Period: The subscription’s initial monthly Billing Period, to which the introductory price applies.
• Merchant Data: Product information, policies, content and other data supplied by you or processed on your behalf, including Shopper personal data.
• DPA: The Data Processing Addendum in Annex A of these Terms, incorporated under Section 10.

For usage allocation, a Shopper’s Conversation on an Istanbul calendar day is assigned to the Billing Period containing its first qualifying message. Crossing a billing boundary within that day does not itself create another Conversation. Identified test messages and messages outside eligible billing-entitlement periods are excluded. Section 7 separately excludes all usage before overage activation from overage billing.

3. Service, review and activation

The Service supports conversational product discovery, recommendations, comparisons and answers based on your catalog, policies and configured business information. Account tools provide setup status, billing and available usage/reporting information. Setup previews and sample answers are illustrative; they do not establish live capabilities.

You represent that you own or are authorized to operate the Store domain. From acceptance, you authorize Gengage to access your Store’s public pages and information you lawfully make available to prepare and maintain the integration and verify installation. Automated setup discovery may occur before checkout under the notices and permissions applicable at that earlier step; these Terms do not retrospectively supply missing authorization.

After payment confirmation, Gengage’s integration staff review the setup, required information, ownership and technical readiness before activation. The usual readiness target is within 12 hours after payment, but additional information or technical work may be necessary. This estimate is not a guaranteed activation deadline.

Gengage prepares the supported integration, provides installation instructions and makes the script available when the Store is ready. You install the script through your tag manager or website theme, complete installation checks and maintain the necessary permissions, configuration and catalog access. Live functionality depends on the capabilities validated for your Store.

Gengage is responsible for operating its hosted Service and providing reasonable integration assistance. You are responsible for your website, e-commerce platform, third-party accounts, lawful installation, accurate information and changes affecting the integration. No particular custom development allocation or service-level agreement is included unless separately agreed.

Billing begins with the initial paid subscription period, not when you install the script. Delays caused by your installation or missing setup inputs do not automatically pause billing.

If Gengage determines that it cannot provide the supported integration for your Store, it will notify you and stop future renewals. If Gengage’s review or integration work has not made the script available before the First Period ends, you may cancel before renewal under Section 8 and avoid the month-two charge. The same cancellation right applies during later periods. Material non-performance is also subject to Section 9 and all mandatory remedies, including refunds where required by law.

4. Plans, introductory price, renewals and taxes

The USD 1 First Period includes all Conversation usage, subject to acceptable use. It is a paid introductory period, not a free trial.

The introduction uses a one-time coupon restricted to the selected subscription product, reducing the first subscription charge to USD 1. It is not cash, a transferable credit or a recurring discount. It does not apply to unrelated products or future overage invoices. A Plan change or migration does not create another introductory period. These Terms do not promise eligibility for repeat introductory enrollment.

Unless canceled, the subscription renews automatically each month at the applicable Plan price. You authorize Gengage, through Stripe, its payment processor, to charge your supplied payment method for the introductory payment, recurring subscription fees, confirmed plan-change charges and overage validly introduced under Section 7.

Prices and invoices are in US dollars. The stated prices, including the introductory price, are inclusive of taxes collected through the invoice. Stripe Automatic Tax determines applicable invoice tax treatment using your billing information. Tax included in the invoice is not added as an undisclosed surcharge to the stated price.

This treatment does not determine whether applicable law separately requires you to account for tax that Stripe does not collect, such as reverse-charge VAT or withholding. Each party remains responsible for taxes imposed on it by law. These Terms do not impose a separate contractual tax gross-up. Your bank may charge currency-conversion or payment fees.

You must provide accurate billing and tax information and maintain a valid payment method. Stripe processes payment details under its applicable terms and privacy information.

5. Payment failure, suspension and reinstatement

An unsuccessful initial payment does not activate the paid Service.

An unpaid renewal invoice may put the subscription into a past-due state. The renewal-payment grace period is seven times 24 hours from the creation time of the unpaid renewal invoice, not from a later collection attempt. Where several renewal invoices remain unpaid, the earliest outstanding renewal invoice governs the grace period. Gengage provides payment-failure notice and recovery instructions. Stripe may retry collection; no fixed renewal retry schedule is promised.

Service may be suspended when the grace period expires. It may stop sooner if the billing provider marks the subscription canceled, paused, unpaid or expired following incomplete activation. Paying an upgrade invoice does not discharge a separate unpaid renewal invoice.

Suspension does not cancel the subscription. While the provider subscription remains open, renewal invoices can continue. Suspension and later payment do not automatically extend the Billing Period, move the renewal date or generate a credit for the suspended interval, subject to mandatory rights.

Payment alone does not automatically restore a suspended integration. After payment is reconciled, staff must restore readiness, including any outstanding integration, ownership or security conditions. Gengage will act without undue delay once the restoration conditions are met and explain outstanding requirements where lawful.

Exceeding the Conversation allowance does not itself suspend the Service. After lawful overage activation, an unpaid overage invoice is tracked separately and does not, by itself, trigger automatic suspension. Valid unpaid charges remain subject to recovery and the material-breach process in Section 9.

Payment management and cancellation remain available through the provided account facilities or the fallback contact in Section 8.

6. Plan changes

A Plan change requires a preview identifying the target Plan, recurring price, allowance, effective time and any amount due. A preview expires after five minutes and may require refreshing if subscription or offer details change.

A move to a higher monthly price is an upgrade. A move to a lower monthly price is a downgrade, including legacy-to-v2 changes. Consequently, migration from a legacy Plan to its lower-priced v2 namesake takes effect at renewal; the existing Plan, price and allowance continue until then.

First-Period upgrades: The upgrade takes effect when successfully processed, with no prorated charge during the First Period. The introductory period and renewal date do not restart. The new Plan’s full monthly price applies at renewal.

Later upgrades: Stripe calculates the prorated adjustment for the remaining Billing Period. You review the amount before confirmation. The change is invoiced using the preview’s proration time. If payment or authentication is incomplete, the upgrade remains pending; a payment/authentication link is supplied when available. The higher Plan is not granted until payment succeeds and the change is confirmed. If the pending update expires or its invoice is voided without payment and the update is removed, the upgrade does not take effect. The existing Plan continues subject to its own payment status.

When an upgrade takes effect, the current period’s allowance increases to at least the new Plan’s full allowance. Conversations already used in that period continue to count against the increased allowance. Usage does not reset, and the old and new allowances are not added together.

Downgrades: The current Plan, price and allowance continue through the current Billing Period. The lower-priced Plan and its allowance begin at the next renewal. No immediate prorated credit or refund is generated.

A later confirmed change to a different eligible Plan can replace an existing scheduled downgrade. The current self-service flow does not allow you to remove a scheduled downgrade simply by reselecting the current Plan. Contact Gengage if assistance is required; no unsupported reversal is promised.

Plan changes are unavailable while a provider update is pending or cancellation is scheduled. Cancellation releases an existing Plan-change schedule and ends the subscription at the current period’s end; the scheduled downgrade will not occur.

7. Quotas, fair use and future overage

Allowances apply separately to each Billing Period, do not roll over and have no cash value.

Overage billing is currently OFF. Exceeding your allowance does not currently create an overage charge, usage debt or suspension solely because the allowance was exceeded. While verified metering is inactive, Conversation counts are unavailable for billing and are not pending charges.

Gengage will not activate overage billing until the required usage-warehouse verification and billing-readiness checks are complete. Before activation, Gengage will give at least 30 days’ advance notice stating the effective date, counting rules, rate, collection method and how to avoid future charges, including cancellation options.

Once validly activated, overage will be USD 0.50 per Conversation above the applicable allowance, inclusive of invoice taxes, separately invoiced in USD after the Billing Period and automatically collected from the saved payment method. Following a card decline, the current collection process permits up to three additional automated attempts, at least 24 hours apart. Unpaid overage is recorded separately on the account. The First Period remains exempt from overage charges.

No usage before activation will ever be billed retroactively as overage. A Billing Period spanning activation retains its full Plan allowance. Only qualifying usage at or after activation can contribute to the overage calculation. A usage estimate is not a final invoice.

Charges require complete, verified usage evidence. Period closure waits at least two days after period end. If completeness remains unverified at the seven-day cutoff, Gengage waives that period’s overage charge; it does not turn that usage into later debt. Later evidence may support a Merchant credit or refund review, not recovery of waived charges.

Fair-use protections address abusive automation, attacks, artificial traffic and conduct threatening service integrity. Ordinary legitimate usage above the allowance is not, by itself, abuse. Fair-use measures must be proportionate and do not authorize undisclosed charges.

8. Cancellation and refunds

You may cancel through your account’s cancellation facility. If it is unavailable, send a clear cancellation request from your account email to [email protected], identifying the Store and subscription.

Cancellation ordinarily takes effect at the end of the current Billing Period. Service remains available until then, subject to payment, integration readiness and these Terms. Complete account cancellation before the period ends and retain the confirmation.

If the account facility is unavailable and you send an identifiable cancellation email before the period ends, Gengage will honor cancellation at that period’s end even if staff process it later. A renewal amount collected contrary to that timely cancellation will be reversed or refunded. Gengage may reasonably verify authority, but its processing delay will not move an otherwise valid cancellation into a later period.

If you cancel during the USD 1 First Period before renewal, the full-price second month is not charged. The USD 1 charge is not refunded merely because you cancel, except where applicable law requires a refund. Cancellation does not claw back the introductory discount.

Removing the script, stopping use or abandoning the account does not itself cancel the subscription. Cancellation does not erase valid outstanding invoices or valid post-activation overage already incurred.

For business subscriptions, fees are non-refundable except where required by applicable law. Partial periods, unused allowance, downgrades, non-use and ordinary cancellation do not automatically generate refunds or credits. Refund and billing-error requests are reviewed manually. This rule does not permit retention of incorrectly collected amounts or restrict mandatory non-performance, withdrawal, termination or refund remedies.

9. Term, suspension and termination

These Terms apply from valid acceptance, subject to the migration timing in Section 1, and continue while the subscription or surviving obligations remain in effect. The subscription renews monthly until canceled or terminated.

Either party may terminate for the other’s material breach if it remains uncured for 15 days after written notice. Mandatory rights permitting earlier termination remain unaffected.

Gengage may suspend immediately where reasonably necessary to address unlawful use, a serious security threat, fraud or a binding legal requirement. Where lawful and practicable, Gengage will explain the reason and steps needed to restore service. Suspension and termination must be proportionate to their grounds.

Gengage may elect not to renew by giving at least 30 days’ notice. That election takes effect at a Billing Period end occurring after the notice period.

On termination, your right to use the Service ends and you must remove or disable the script. Accrued payment obligations survive, subject to lawful disputes, billing corrections and mandatory refunds. Personal-data return, deletion and required retention are governed by the DPA and applicable law. Confidentiality, intellectual property, liability, dispute-resolution and other provisions intended to survive remain effective.

10. Data protection

For Shopper personal data processed on your behalf, you act as controller and Gengage acts as processor, as those roles apply under Turkish Personal Data Protection Law No. 6698 (“KVKK”) and, where applicable, the GDPR. Each party remains responsible for duties directly imposed on it by law.

You determine lawful processing purposes, provide required Shopper notices, establish a valid legal basis and obtain consent where required. You must provide lawful instructions and avoid submitting unnecessary personal data.

Gengage processes Shopper personal data on your documented instructions under the DPA, which is incorporated into these Terms and governs processing scope, confidentiality, security, subprocessors, personal-data breach notification, rights-request assistance, international transfers, audits, retention and return/deletion.

Data Processing Addendum: The DPA is set out in Annex A of these Terms and forms part of the agreement you accept.

Gengage may act as an independent controller for its own merchant-account administration, billing, security and legal-compliance processing. Those activities are explained in the applicable Privacy Notice. The Privacy Notice is an information notice, not a substitute for the DPA or legally required consent.

Privacy Notice: Gengage’s Privacy Notice is published at https://gengage.ai/privacy.

These Terms grant no general right to use identifiable Shopper conversations to train general-purpose AI models. Any proposed use requires a separately established lawful basis and appropriate contractual arrangements.

For personal-data processing conflicts, the DPA prevails over these Terms, subject to mandatory law and applicable mandatory transfer clauses.

11. AI outputs and Merchant responsibilities

AI outputs may be incorrect, incomplete, outdated or fabricated, including statements about product attributes, prices, availability or policies. They are not professional legal, medical, financial or other regulated advice.

You are responsible for the lawfulness, accuracy and currency of your catalog, prices, inventory, product claims, policies and instructions. You must review the configured assistant, correct known source errors and provide a practical route for Shoppers to verify information and obtain human assistance.

Gengage does not guarantee any conversion rate, revenue increase, recommendation outcome or error-free response. Estimates, demonstrations and examples are not performance commitments.

You remain the seller responsible for Shopper transactions, fulfillment, returns, warranties and consumer obligations. Gengage supplies technology and does not become the seller merely because the assistant is displayed. This allocation does not exclude Gengage’s responsibility for its own obligations or its own unlawful conduct.

12. Acceptable use and account security

You must not use the Service to violate law, infringe rights, facilitate fraud, distribute malware, harass others, extract unauthorized data, bypass access controls, interfere with other customers or generate artificial usage.

You must not reverse engineer or extract proprietary source code except where restricting that activity is prohibited by law. You may not resell access or deploy the Service on unauthorized Stores without agreement.

You must protect credentials, restrict account access to authorized personnel and promptly report suspected compromise. Security measures must not obstruct lawful cancellation or data-subject rights.

13. Intellectual property and licences

Gengage and its licensors retain their rights in the Service, software, models, documentation and branding. During the subscription, Gengage grants you a limited, non-exclusive, non-transferable licence to load and use the supplied script on your authorized Store and use the Service for your business under these Terms.

You retain your rights in Merchant Data. You grant Gengage the limited rights necessary to access, reproduce, transmit and process that data to provide and support the Service, subject to the DPA. This does not transfer ownership or authorize unrelated advertising or general-purpose model training.

You may use outputs delivered through the Service for your Store’s business, subject to applicable law and third-party rights. Gengage does not promise that AI outputs are unique or independently protectable intellectual property.

14. Confidentiality

Each party will protect the other’s non-public business, technical and commercial information with reasonable care, use it only for this relationship and disclose it only to persons needing access who are subject to appropriate confidentiality duties.

This obligation excludes information independently developed, lawfully obtained without restriction, already lawfully known or made public without breach. Legally compelled disclosure is permitted, with advance notice where lawful and reasonable protective cooperation.

These duties continue for three years after termination. Trade secrets remain protected while legally qualifying as such. Personal-data obligations continue as required by the DPA and law.

15. Warranties and disclaimers

Each party warrants that it has authority to enter into this agreement. Gengage will provide the Service with reasonable care and skill.

Subject to that express commitment and mandatory law, the Service is provided “as available”. Gengage does not warrant uninterrupted operation, compatibility with every platform, error-free AI outputs or particular commercial results. To the extent legally permitted, implied warranties of merchantability, fitness for a particular purpose and non-infringement are excluded.

Nothing in this Section excludes obligations expressly undertaken in the DPA or rights that cannot lawfully be excluded.

16. Liability and limited indemnities

To the extent permitted by law, neither party is liable to the other for indirect or consequential loss, lost profits or lost business opportunities.

Gengage’s total aggregate liability for all claims arising from or relating to the affected subscription, including its indemnity below, will not exceed the fees actually paid by you to Gengage under that subscription during the 12 months immediately preceding the earliest event giving rise to those claims. If the subscription is younger than 12 months, only fees actually paid during that shorter period count. Fees from other subscriptions are not added. The cap is aggregate, not a separate allowance for each claim, legal theory or proceeding. No assumed annual fee or minimum dollar floor is substituted.

The exclusions and cap do not apply to fraud, wilful misconduct, gross negligence or liability that cannot lawfully be excluded or limited. They do not restrict statutory rights against a controller or processor where such restriction is prohibited.

You will indemnify Gengage against third-party claims to the extent caused by unlawful Merchant Data, infringement by content you supply or your material violation of acceptable-use obligations.

Gengage will indemnify you against third-party claims that the Gengage software supplied for authorized use infringes intellectual property rights, excluding claims caused by your content, unauthorized modifications or combinations not supplied or required by Gengage.

Indemnities cover finally awarded damages, approved settlements and reasonable defense costs. The protected party must give prompt notice, reasonable cooperation and appropriate control of the defense. A settlement must not admit fault or impose non-monetary obligations on the protected party without its consent, not unreasonably withheld. Neither party must indemnify the other for the other’s own fault.

17. Changes, versioning and document priority

Gengage will identify each published version by a unique document version and effective date and retain accessible copies of superseded versions.

Material changes to these Terms or your v2 recurring price require at least 30 days’ advance notice explaining the change and effective date. Price changes take effect no earlier than a renewal after the notice period. Changes do not charge for earlier usage, withdraw accrued rights or automatically migrate legacy subscriptions.

You may cancel before the change takes effect. Gengage will obtain express acceptance where legally required; silence does not replace it. Changes strictly required by law or urgent security circumstances may take effect sooner only to the extent necessary, with prompt explanation. This exception does not authorize an accelerated price increase or retroactive overage.

For the covered subscription, these Terms take priority over inconsistent general website terms. The agreed checkout or Plan-change confirmation identifies the selected commercial offer; it does not silently amend these Terms. The DPA controls personal-data processing as stated in Section 10. Marketing content does not amend the agreement or exclude mandatory liability for misleading representations.

The English and Turkish texts are intended to be equivalent and equally authentic. Neither automatically prevails. Mandatory language and interpretation rules apply, and any discrepancy must be resolved consistently with those rules and the parties’ agreed commercial terms.

18. Notices, governing law and general provisions

Routine subscription notices will be sent to the verified account email and may also appear in the account. You must keep contact details current. Material-change and overage-activation notices will be sent by email, rather than relying solely on website posting.

Contractual and billing queries: [email protected]
Privacy queries: [email protected]
Website: https://gengage.ai
Postal notices: GengageAI Inc., 1259 El Camino Real, Menlo Park, CA 94025, United States

Email does not replace a legally required formal notice or service method. Section 8 governs the agreed email-cancellation fallback.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Disputes arising from or relating to these Terms or the Service are to be resolved by binding arbitration in Wilmington, Delaware, under the Commercial Arbitration Rules of the American Arbitration Association.

Mandatory protections, competent consumer authorities and non-excludable court rights remain unaffected where applicable.

These Terms, the applicable commercial confirmation and the DPA constitute the agreement for the covered subscription. An unenforceable provision will be limited or severed only as legally permitted without invalidating the remainder. Failure to enforce a provision is not a waiver. The parties are independent contractors.

Annex A — Data Processing Addendum

This Data Processing Addendum (“DPA”) forms part of these Terms. Terms not defined in this Annex have the meanings given in these Terms. “Applicable data protection law” means KVKK and, where applicable, the GDPR and any other data protection law that applies to the processing.

A.1 Scope and roles

This DPA applies to Shopper personal data that Gengage processes on your behalf through the assistant. For that data, you are the controller and Gengage is the processor. Gengage’s own processing of merchant-account, billing, security and legal-compliance data as an independent controller is outside this DPA and is described in the Privacy Notice.

A.2 Subject matter, nature, purpose and duration

Subject matter: provision of the Service on your Store. Nature: the collection, recording, storage, retrieval, analysis, transmission and deletion necessary to operate the assistant, including generating responses with AI models. Purpose: providing, securing and supporting the Service for you and measuring its use, including counting Conversations under your Plan. Duration: the term of the subscription, followed by the return or deletion period in A.12 and any retention required by law.

A.3 Data subjects and categories of personal data

Data subjects: Shoppers. Categories of personal data: conversation content and any other information Shoppers enter into the assistant; product and session context, such as the pages and products viewed in connection with a Conversation; and technical identifiers, such as Shopper identifiers, IP address, device and browser data, and timestamps.

A.4 Special categories of personal data

Processing of special categories of personal data, such as health, biometric, religious-belief or criminal-record data, is not expected. You must not configure the assistant to request such data. If a Shopper volunteers it, Gengage processes it only as part of providing the Service under this DPA.

A.5 Instructions

Gengage processes Shopper personal data only on your documented instructions. Those instructions consist of these Terms, your configuration of the Service and any further written instructions agreed between the parties. If applicable law requires other processing, Gengage will inform you of that requirement before processing unless the law prohibits it. Gengage will promptly inform you if, in its opinion, an instruction infringes applicable data protection law.

A.6 Confidentiality of personnel

Gengage ensures that persons authorised to process Shopper personal data are bound by appropriate confidentiality obligations and access that data only as needed to provide the Service.

A.7 Security

Taking into account the state of the art, implementation costs, the nature, scope, context and purposes of the processing and the risks to Shoppers, Gengage implements appropriate technical and organisational measures to protect Shopper personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access. These measures include encryption in transit, access controls limiting access to authorised personnel, and logging.

A.8 Subprocessors

You give Gengage general authorisation to engage subprocessors. The current list of subprocessors is available on request to [email protected]. Gengage will give at least 14 days’ notice, by email to the account email or in the account, before adding or replacing a subprocessor. During that period you may object on reasonable data-protection grounds. The parties will discuss the objection in good faith; if it is not resolved, you may terminate the affected subscription by notice without penalty.

Gengage imposes on each subprocessor, by written contract, data protection obligations no less protective than this DPA to the extent relevant to the services it provides. Gengage remains responsible to you for each subprocessor’s performance of those obligations.

A.9 Personal-data breaches

Gengage will notify you without undue delay after becoming aware of a personal-data breach affecting Shopper personal data. It will provide the information reasonably available to it to help you meet your obligations, including any required notification of authorities and Shoppers, and will take reasonable steps to contain and remedy the breach. Notification is not an acknowledgement of fault.

A.10 Assistance

Taking into account the nature of the processing and the information available to it, Gengage will provide reasonable assistance (a) through appropriate technical and organisational measures, in responding to Shopper requests to exercise their rights, and (b) with data protection impact assessments and prior consultations with supervisory authorities. Gengage will forward to you any Shopper request it receives relating to your Store and will not respond to it except on your instructions or as required by law.

A.11 International transfers

Shopper personal data may be processed outside the country in which it is collected, including by subprocessors. Gengage will transfer that data only where a transfer mechanism recognised by applicable data protection law applies, such as the EU Standard Contractual Clauses adopted by Commission Implementing Decision (EU) 2021/914, or the standard contracts or other mechanisms provided under Article 9 of KVKK. The parties will execute any transfer instrument that applicable law requires to be signed and will cooperate on any related notification.

A.12 Return and deletion

Within 30 days after the subscription ends, Gengage will delete Shopper personal data processed under this DPA or, if you request it in writing before the subscription ends, return it to you in a commonly used format and then delete it, unless applicable law requires further retention. Any retained data remains subject to this DPA.

A.13 Information and audits

On request, Gengage will make available the information reasonably necessary to demonstrate compliance with this DPA. If that information is insufficient, you may audit Gengage’s compliance yourself or through an independent auditor bound by confidentiality, no more than once in any 12-month period, on at least 30 days’ written notice, during normal business hours, at your cost and without unreasonable disruption to Gengage’s operations. Audit information is confidential information under Section 14. The frequency and notice limits do not apply where a competent authority requires the audit or it follows a personal-data breach affecting your Shopper personal data.

A.14 Merchant obligations

You are responsible for having a lawful basis for the processing, giving Shoppers the notices required by law, obtaining any required consents, including any consent required for cookies or similar technologies used by the assistant script on your Store, and ensuring that your instructions comply with applicable data protection law.

A.15 Precedence

In a conflict concerning the processing of Shopper personal data, this DPA prevails over the rest of these Terms as stated in Section 10, subject to mandatory law and applicable mandatory transfer clauses.