Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Ecom Revenue Mastery ("Company," "we," "us," or "our") governing your access to and use of our conversational AI platform, website, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Description of Service

Ecom Revenue Mastery provides a conversational AI platform designed for ecommerce businesses, including:

• Helpdesk: Centralized inbox for managing customer communications across multiple channels
• AI Agent: Automated customer support and sales assistance powered by artificial intelligence
• Integrations: Connections with ecommerce platforms (Shopify, WooCommerce, BigCommerce, Magento) and third-party applications
• Analytics: Reporting and insights on customer interactions and team performance
• Voice and SMS: Phone and text message support capabilities

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Account Registration

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities occurring under your account

3.2 Account Requirements

You must be at least 18 years old and have the legal capacity to enter into these Terms. Accounts registered by automated methods (bots) are not permitted.

3.3 Account Security

You are responsible for maintaining the security of your account credentials. We recommend enabling two-factor authentication and using strong, unique passwords.

4. Subscription and Payments

4.1 Subscription Plans

Access to the Service requires a paid subscription. Current pricing and plan details are available on our website. We reserve the right to modify pricing with 30 days' notice to existing subscribers.

4.2 Billing

• Subscriptions are billed in advance on a monthly or annual basis
• Payment is due at the beginning of each billing cycle
• All fees are non-refundable except as expressly stated in these Terms
• You authorize us to charge your payment method for all applicable fees

4.3 Trial Period

We may offer a trial period. At the end of the trial, your account will automatically convert to a paid subscription unless you cancel before the trial ends.

4.4 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your use of the Service.

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited messages, or engage in phishing
• Transmit malware, viruses, or other harmful code
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Collect or harvest user data without consent
• Use the Service for illegal, fraudulent, or deceptive purposes
• Reverse engineer, decompile, or disassemble the Service
• Resell or redistribute the Service without authorization
• Use the AI Agent to generate misleading, harmful, or illegal content

We reserve the right to investigate and take appropriate action against violations, including account suspension or termination.

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including all software, content, features, and documentation, is owned by Ecom Revenue Mastery and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes.

6.2 Your Content

You retain ownership of any content you submit through the Service ("User Content"). By submitting User Content, you grant us a worldwide, royalty-exempt license to use, store, and process such content solely for providing and improving the Service.

6.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to compensate you.

7. Data Processing

7.1 Customer Data

You are responsible for the data you and your customers submit through the Service. You represent that you have obtained all necessary consents and authorizations to process such data.

7.2 Data Processing Agreement

Our processing of personal data on your behalf is governed by our Data Processing Agreement, which is incorporated into these Terms by reference.

7.3 AI Training

We may use aggregated and anonymized data to improve our AI models and Service. Individual customer data is not shared with other customers or used to train models in a way that could expose confidential information.

8. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, secure, or operate without errors
• The results obtained from the Service will be accurate or reliable
• Any errors in the Service will be corrected

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ECOM REVENUE MASTERY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Ecom Revenue Mastery and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content

11. Termination

11.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation will take effect at the end of the current billing period.

11.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Breach these Terms
• Fail to pay applicable fees
• Engage in fraudulent or illegal activity
• Pose a security risk to the Service or other users

11.3 Effect of Termination

Upon termination:

• Your access to the Service will cease immediately
• You remain responsible for any outstanding fees
• We may delete your data after a reasonable retention period
• Provisions that by their nature should survive will remain in effect

12. General Provisions

12.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

12.2 Dispute Resolution

Any disputes arising from these Terms shall be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association.

12.3 Modifications

We may modify these Terms at any time by posting the revised Terms on our website. Material changes will be communicated via email or in-app notification. Continued use of the Service after changes constitutes acceptance.

12.4 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

12.5 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.6 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

12.7 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Order Forms, constitute the entire agreement between you and Ecom Revenue Mastery regarding the Service.

13. Contact Information

If you have any questions about these Terms, please contact us:

Ecom Revenue Mastery
Email: [email protected]
Address: 123 Commerce Street, Suite 100, San Francisco, CA 94102