Terms of Service
Last Updated: August 1, 2024
1. Introduction
Welcome to ecomAI ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your use of our website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you are prohibited from using the Services. These Terms apply to all visitors, users, and others who wish to access or use the Service.
2. User Accounts
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
3. User Responsibilities
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, and other content or materials (collectively, "Content") that you submit, post or display on or via the Service. You agree not to misuse the Services. This includes, but is not limited to, using the Services to engage in any activity that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable. You must also comply with all applicable local, state, national, and international laws and regulations in your use of the Service.
4. Intellectual Property
Our Services and all their original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of ecomAI and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ecomAI. You retain all rights to any Content you submit, post or display on or through the Service. By submitting Content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods now known or later developed, solely for the purpose of operating, developing, providing, and improving the Services.
5. Payments, Subscriptions, and Refunds
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. ecomAI may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. All subscription fees are billed in advance on a recurring basis. Subscriptions will automatically renew under the same conditions unless you cancel it or we cancel it. All fees are non-refundable, except as required by law or as explicitly stated in your plan's terms.
6. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
7. Disclaimers
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. ecomAI does not warrant that the results of the use of the service will be accurate or reliable or that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
8. Limitation of Liability
In no event shall ecomAI, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
9. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
10. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
11. Contact Information
If you have any questions about these Terms, please contact us at support@ecomai.com. Our team will be happy to assist you with any inquiries you may have regarding our policies and services.