Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Ecompanio (“Company,” “we,” “our,” or “us”) governing your use of our AI-powered product recommendation services and related software, websites, and applications (collectively, the “Services”).

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

2. Description of Services

Ecompanio provides AI-powered product recommendation technology designed to help e-commerce businesses improve customer experience and increase sales through intelligent product matching and personalized recommendations.

Our Services include but are not limited to:

• AI recommendation algorithms and machine learning models
• Product catalog analysis and optimization
• Customer behavior analytics and insights
• Integration tools and APIs
• Technical support and consultation services

3. Eligibility and Account Registration

3.1 Eligibility

You must be:

• At least 18 years of age
• Legally authorized to enter into binding contracts
• Operating a legitimate business entity
• Not prohibited from using our Services under applicable law

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access
• Providing accurate and current information

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our Services solely for legitimate business purposes in accordance with these Terms.

4.2 Prohibited Activities

You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services for illegal, fraudulent, or malicious purposes
• Attempt to reverse engineer, decompile, or extract our algorithms
• Interfere with or disrupt the Services or our infrastructure
• Access or attempt to access accounts or data belonging to others
• Transmit viruses, malware, or other harmful code
• Engage in data scraping or automated data collection without permission
• Resell, redistribute, or sublicense our Services without authorization
• Use the Services to compete with us or develop competing products
• Remove, alter, or obscure any proprietary notices or branding

5. Payment Terms and Billing

5.1 Fees and Payment

• Fees are as specified in your service agreement or pricing page
• All fees are non-refundable unless otherwise specified
• Payment is due in advance according to your billing cycle
• Late payments may result in service suspension
• You are responsible for all taxes and third-party fees

5.2 Price Changes

We reserve the right to modify our pricing with 30 days’ written notice. Continued use of the Services after price changes constitutes acceptance of new pricing.

5.3 Suspension for Non-Payment

We may suspend or terminate your access to the Services if payment is overdue by more than 15 days, with 5 days’ written notice.

6. Intellectual Property Rights

6.1 Our Intellectual Property

We retain all rights, title, and interest in and to the Services, including all software, algorithms, models, documentation, and related intellectual property. You receive only a limited, non-exclusive, non-transferable license to use the Services as permitted by these Terms.

6.2 Your Data and Content

You retain ownership of your business data, product catalogs, and customer information. You grant us a limited license to process this data solely to provide the Services and improve our algorithms (in aggregated, anonymized form).

6.3 Feedback and Suggestions

Any feedback, suggestions, or ideas you provide become our property and may be used without compensation or attribution.

7. Data Protection and Privacy

Our collection and use of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference. You represent that you have the necessary rights and consents to provide us with any customer data or personal information required for the Services.

You agree to comply with all applicable data protection laws and regulations, including obtaining necessary consents from your customers for data processing activities.

8. Service Level and Availability

8.1 Service Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be performed with reasonable advance notice.

8.2 Performance Disclaimers

While our AI technology is designed to improve business outcomes, we do not guarantee specific results, conversion rates, or revenue increases. Performance may vary based on numerous factors including your product catalog, customer base, and implementation.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• DISCLAIMER OF WARRANTIES: THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
• LIMITATION OF DAMAGES: OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.
• EXCLUSION OF CONSEQUENTIAL DAMAGES: WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

10. Indemnification

You agree to indemnify, defend, and hold harmless Ecompanio and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of applicable laws or third-party rights
• Your data, content, or business practices
• Claims by your customers or third parties related to your use of our Services

11. Termination

11.1 Termination by You

You may terminate your account at any time with 30 days’ written notice. You remain liable for all charges incurred prior to termination.

11.2 Termination by Us

We may terminate your access immediately for:

• Material breach of these Terms
• Non-payment of fees
• Illegal or harmful activities
• Violation of our Acceptable Use Policy

11.3 Effect of Termination

Upon termination:

• Your access to the Services will cease immediately
• We will provide data export capabilities for 30 days
• All outstanding fees become immediately due
• Confidentiality obligations survive termination

12. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the business relationship. This obligation survives termination of these Terms for a period of 5 years.

13. Force Majeure

Neither party shall be liable for any failure to perform due to causes beyond their reasonable control, including natural disasters, government actions, labor disputes, or infrastructure failures.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

14.2 Dispute Resolution Process

1. Informal Resolution: Parties must first attempt good faith negotiations for 30 days
2. Mediation: If unsuccessful, disputes will be submitted to binding mediation
3. Arbitration: Unresolved disputes will be settled by binding arbitration under [Arbitration Rules]
4. Jurisdiction: Any court proceedings will be in [Your Jurisdiction]

14.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions or collective proceedings.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any executed service agreements, constitute the entire agreement between the parties.

15.2 Modifications

We may modify these Terms with 30 days’ notice. Continued use constitutes acceptance of modified terms.

15.3 Severability

If any provision is found unenforceable, the remainder of these Terms remains in effect.

15.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

15.5 Waiver

Failure to enforce any provision does not constitute a waiver of future enforcement.

16. Contact Information

For questions about these Terms or to provide legal notices, contact us: