Last updated · 18 October 2026 · Privacy policy →
1. Parties
"elNudge", "we", "us" refers to elSapiens Private Limited, a company incorporated in India. "You" or "Merchant" refers to the individual or entity that creates an elNudge account or installs the elNudge Shopify app. By using the service you agree to these terms.
If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.
The Data Processing Addendum in Annex A forms part of these terms.
2. The service
elNudge provides an AI-powered intent-scoring and nudge engine. The core delivery mechanism is a JavaScript SDK loaded on your storefront (through the Shopify app's theme app embed, or a script tag you add yourself) that observes visitor behaviour and triggers personalised nudges via AI-generated chat, voice, toast, exit modal, or sticky bar.
We reserve the right to modify, suspend, or discontinue any feature with 30 days' notice. We will not discontinue the core service during an active paid subscription period without a pro-rata refund.
3. Shopify app — additional terms
If you install elNudge through the Shopify App Store:
- You grant elNudge the access scopes listed during installation. We use those scopes only as described in our Privacy Policy.
- Billing for paid plans is processed through Shopify's Billing API. You agree to Shopify's payment terms in addition to ours.
- On uninstallation, Shopify removes the elNudge theme app embed from your storefront, and elNudge deletes your store's visitor data within 30 days of Shopify's
shop/redactrequest (sent 48 hours after uninstall). - elNudge is an independent app and is not affiliated with, endorsed by, or sponsored by Shopify Inc.
4. Account and access
- You must provide accurate registration information and keep it current.
- You are responsible for all activity that occurs under your account.
- You must not share login credentials or allow unauthorised access to your account.
- You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account.
5. Free trial
New merchants receive a 14-day free trial on the Growth plan. No credit card is required to start the trial. At the end of the trial:
- If you have entered payment details, your subscription begins automatically the day after the trial ends.
- If you have not entered payment details, the service enters a read-only grace period and nudges stop firing until a plan is activated.
- You may cancel at any time during the trial with no charge.
6. Subscriptions and billing
Plans and pricing. Current plan pricing is published at elnudge.com/pricing. Prices are in Indian Rupees (INR) inclusive of GST unless stated otherwise.
Billing cycle. Plans and add-ons are billed monthly, on the same calendar date each month. Annual billing is not offered at present. If we introduce it, its prices and terms will be published on the pricing page.
Usage allowances. Each plan includes a monthly allowance of AI conversations and WhatsApp nudges, and the voice add-on includes a monthly allowance of voice minutes, as listed on the pricing page. When an allowance is used up, you can buy an additional pack from your dashboard, or turn on auto top-up so a pack is added when you run out. We do not charge for usage beyond your allowance unless you buy a pack or have auto top-up turned on. Unused monthly allowance does not carry over to the next month. Packs remain valid until the end of the following billing period.
Failed payments. If a payment fails, we will retry up to 3 times over 7 days. If payment is not recovered, the account is suspended. Your data is retained for 30 days after suspension so you can reactivate.
7. Upgrades and downgrades
You may upgrade your plan at any time. The upgrade takes effect immediately and you will be charged a prorated amount for the remainder of the current billing cycle on the new plan.
Downgrades take effect at the start of your next billing cycle. Features above your new plan's tier are disabled at that point.
8. Cancellations and refunds
Cancellation. You may cancel your subscription at any time from your dashboard or by emailing hello@elnudge.com. Cancellation takes effect at the end of the current billing period — you retain access until then.
Trial cancellation. Cancelling during the 14-day trial results in no charge.
No refunds for results. The 14-day free trial is the time to judge the results on your own store before you pay. Subscription fees are therefore non-refundable, except as set out in our Refund & Cancellation Policy (duplicate or wrong charges, a plan we could not activate, or a service we discontinue).
9. Acceptable use
You agree not to use elNudge to:
- Collect, process, or transmit personal data in violation of applicable law (including GDPR, CCPA, or India's DPDP Act).
- Deploy nudges on websites directed primarily at children under 13 (or 16 in the EU).
- Engage in deceptive, misleading, or abusive marketing practices.
- Reverse-engineer, decompile, or attempt to extract the source code or proprietary algorithms of the SDK or service.
- Use the service to process data of individuals without a lawful basis under applicable data protection law.
- Resell, sublicense, or white-label the service without a written reseller agreement with elNudge.
- Interfere with the integrity or performance of the service or any connected infrastructure.
We reserve the right to suspend accounts that violate this section without prior notice if necessary to protect the service or other users.
10. Intellectual property
elNudge and the elSDK are owned by elSapiens Private Limited. These terms grant you a limited, non-exclusive, non-transferable licence to use the service during your subscription. No ownership interest is transferred.
You retain ownership of your store data and content. By using the service, you grant elNudge a limited licence to process your data solely to provide the service.
11. Confidentiality
Each party agrees to keep the other's confidential information (including pricing, API keys, and technical documentation marked confidential) private and not to disclose it to third parties without consent.
12. Warranties and disclaimer
elNudge is provided "as is" and "as available". We warrant that we will use commercially reasonable efforts to maintain uptime and security. We do not warrant that the service will be uninterrupted, error-free, or that it will achieve any specific business outcome (including conversion rate improvements).
13. Limitation of liability
To the maximum extent permitted by law, elNudge's total liability to you for any claim arising under these terms is limited to the fees paid by you in the 3 months preceding the claim.
elNudge is not liable for indirect, incidental, special, or consequential damages (including lost profits or data) even if advised of the possibility of such damages.
14. Indemnification
You agree to indemnify and hold harmless elSapiens, its directors, employees, and agents from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the service in violation of these terms or applicable law.
15. Governing law and disputes
These terms are governed by the laws of India. Any dispute that cannot be resolved by good-faith negotiation will be submitted to the exclusive jurisdiction of the courts of Bengaluru, Karnataka, India.
16. Changes to these terms
We will notify you of material changes by email at least 30 days before they take effect. Continued use of the service after that date constitutes acceptance of the new terms. If you object, you may cancel before the effective date for a pro-rata refund of any unused prepaid period.
17. Contact
Legal enquiries: legal@elnudge.com
Support: hello@elnudge.com
Postal: elSapiens Private Limited · Unit 101, Oxford Towers, 139, HAL Old Airport Rd, Kodihalli, Bengaluru, Karnataka 560008, India
Annex A. Data Processing Addendum
This addendum forms part of these terms and applies whenever elNudge processes personal data on your behalf. It is meant to meet Article 28 of the GDPR, the UK GDPR, India's Digital Personal Data Protection Act 2023 and the CCPA/CPRA "service provider" rules. Where these terms and this addendum conflict on personal data, this addendum wins.
A1. Roles. For personal data about your store's visitors and customers, you are the controller (or "business") and elSapiens Private Limited is your processor (or "service provider"). For your own account data (your name, email, billing details), elSapiens is the controller, as described in our Privacy Policy.
A2. What we process. Data subjects: visitors to your storefront and website, your customers and leads, and people who message your connected channels. Data: device and session identifiers, page and product views, cart and order references, chat, voice and message transcripts, and the contact details and addresses that shoppers give or that your store holds for their orders. Purpose: to score buying intent, show nudges, answer shoppers on your behalf, capture leads and report results to you, for as long as you use the service.
A3. Your instructions. We process this data only to provide the service as set out in these terms and as you configure it in your dashboard, unless a law requires otherwise (in which case we tell you first, where the law allows). We never sell or share it for cross-context behavioural advertising, never combine it with other merchants' data, and never use it to train AI models.
A4. Confidentiality. Only staff who need access to run or support the service can reach this data. They are bound by confidentiality obligations, and their access is logged.
A5. Security. We keep technical and organisational measures appropriate to the risk, including encryption in transit (TLS) and at rest, encrypted backups, access limited by role, logging of access to personal data, separation of test and production data, and automatic deletion once retention periods end.
A6. Sub-processors. You authorise the sub-processors listed in section 5 of our Privacy Policy. Each is bound by a written agreement with data-protection terms no less protective than this addendum. We will update that list and email you at least 30 days before adding or replacing a sub-processor; if you object on reasonable data-protection grounds and we cannot resolve it, you may cancel and receive a pro-rata refund of any unused prepaid period.
A7. International transfers. elNudge is run from India and some sub-processors are in the United States. Where personal data from the EEA, the UK or Switzerland is transferred to a country without an adequacy decision, the European Commission's Standard Contractual Clauses (and the UK Addendum where relevant) apply to that transfer and are incorporated by reference.
A8. Helping you with requests. We help you answer requests from people exercising their rights (access, correction, deletion, portability, objection). For Shopify stores we act on Shopify's customers/data_request, customers/redact and shop/redact requests automatically. We also give reasonable help with data-protection impact assessments and consultations with regulators.
A9. Personal data breaches. We notify you without undue delay, and within 72 hours, after becoming aware of a breach affecting your data, with what we know about its nature, the data and people affected, the likely consequences and the steps taken. We follow up as we learn more.
A10. Deletion at the end. When you uninstall the Shopify app or close your account, we delete your store's personal data within 30 days (for Shopify, of the shop/redact request), except where a law requires us to keep it. Until then it follows the retention periods in our Privacy Policy.
A11. Audits. On request we give you the information needed to show that we meet this addendum. If that is not enough, you may audit our compliance once a year, with 30 days' notice, during business hours, at your cost, through an auditor bound by confidentiality.
A12. Duration. This addendum lasts as long as we process personal data on your behalf. Send questions or a request for a countersigned copy to legal@elnudge.com.