Bourbon Science Inc.
Contents
This Refund Policy explains when fees paid to Zoko are and are not refundable. It forms part of, and is incorporated by reference into, the Zoko Terms of Service, and Section 9 of those Terms points here. Capitalised terms have the meaning given in the Terms of Service. Where this Policy conflicts with the Terms of Service, the Terms of Service prevail.
This Policy covers fees you pay to Zoko for your Subscription Plan and related charges. It does not cover payments between you and your own customers, which are addressed in Section 11 of the Terms of Service, and it does not cover charges billed to you directly by Meta, an AI provider, or any other third party, which are addressed in Section 10.
EXCEPT WHERE REQUIRED BY LAW OR EXPRESSLY STATED IN THIS POLICY, FEES PAID TO ZOKO ARE NON-REFUNDABLE. SUBSCRIPTION FEES ARE CHARGED IN ADVANCE FOR THE FULL BILLING PERIOD AND ARE DUE FOR THAT PERIOD EVEN IF YOU USE THE SERVICES FOR ONLY PART OF IT.
We offer free or discounted trials so that you can evaluate the Services before paying. Cancelling during a trial costs nothing. Once a billing period has begun, the fee for that period has been earned.
If Zoko discontinues the Services, or a material part of them, for reasons not attributable to you, we may at our discretion refund the unused portion of any prepaid period.
Prepaid funds or credits added to your Account have a twelve (12) month life. If a balance is still unused at the end of that period we will contact you, and will either refund it or apply it as a credit toward future purchases. If you do not respond, the balance is forfeited. The full mechanics, including the notice period and the effect of unclaimed property law, are set out under "Prepaid balances and credits" in Section 9 of the Terms of Service.
If you believe you have been charged incorrectly, raise it under the billing dispute procedure in Section 9 of the Terms of Service within thirty (30) days of the invoice or charge. That Section governs how we respond and how an upheld dispute is settled.
If Zoko terminates an affected part of the Services because of a third-party intellectual property claim, as described in Section 22 of the Terms of Service, we will refund any prepaid fees for the unused period.
If you object on reasonable data protection grounds to a new sub-processor and no alternative is available, as described in Section 5 of the Data Processing Addendum, you may terminate the affected Services and receive a refund of prepaid fees for the unused period.
No refund is given where:
ZOKO CANNOT REFUND AMOUNTS IT DID NOT CHARGE AND DOES NOT HOLD. FEES BILLED TO YOU DIRECTLY BY META FOR WHATSAPP CONVERSATIONS OR MESSAGES, BY AN AI PROVIDER FOR TOKENS OR MODEL USAGE, BY SHOPIFY, OR BY ANY OTHER THIRD-PARTY PROVIDER ARE PAID BY YOU TO THAT PROVIDER. ANY REFUND REQUEST FOR THOSE AMOUNTS MUST BE MADE TO THAT PROVIDER DIRECTLY.
Section 10 of the Terms of Service sets out how third-party charges work and why they sit outside this Policy.
If we fall short of our uptime commitment you may claim a service credit. A service credit is applied against future Subscription Plan fees. It is not a refund, cannot be exchanged for cash, and is subject to the caps and conditions in the Service Level Agreement, which also states that service credits are the only remedy available for a missed uptime commitment.
Nothing in this Policy limits any right you have that cannot be excluded by contract. Where consumer protection law in your country gives you a cancellation or cooling-off right, a right to a refund, or another mandatory remedy, that right applies and prevails over this Policy to the extent of any conflict.
Customers established in the European Union also have the switching and portability rights in our Data Act Addendum. Those rights do not create an automatic entitlement to a refund of prepaid fees, and Section 2 of this Policy continues to apply to them.
Write to contact@zoko.io with the subject line "Refund request", and include your Account details, the charge concerned with its date and amount, and the reason for the request.
We will acknowledge your request and respond within fifteen (15) business days. Where a refund is approved it is returned to the original payment method unless that is not possible, in which case we will agree an alternative with you. Refunds may take a further period to appear depending on your payment provider.
Please raise a refund request with us before initiating a chargeback, payment reversal, or bank dispute. Section 9 of the Terms of Service explains what happens if you do not: we may suspend or terminate your Account, and you will be liable for the disputed amount, any fee charged to Zoko by the payment processor or card network, and our reasonable costs of responding.
We may update this Policy from time to time. Material changes are notified in accordance with Section 27 of the Terms of Service, and take effect for billing periods beginning after the change.
This Policy is governed by the laws of the State of Delaware, USA, in accordance with Section 24 of the Terms of Service. Disputes follow the escalation path and arbitration provisions in Sections 23 and 24 of those Terms.
Questions can be sent to contact@zoko.io.
