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1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of ecAgent ("Service", "we", "us", or "our"), an AI-powered commerce assistant for managing e-commerce stores.

By creating an account, connecting your store, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Service Description

ecAgent provides an AI-powered natural language interface for managing e-commerce stores, including:

• Product search and catalog management via chat and voice commands
• Price and inventory updates
• Store data queries and analytics
• AI-assisted operations using Claude Sonnet 4
• Integration with Shopify and other e-commerce platforms

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must:

• Be at least 18 years old
• Provide accurate and complete registration information
• Maintain and update your account information
• Have the legal authority to bind your business to these Terms

3.2 OAuth Authentication

When you connect your Shopify store via OAuth:

• You authorize ecAgent to access your store with the permissions you grant
• You can revoke access at any time from your Shopify admin
• We securely store your access tokens with encryption
• Each store gets isolated data storage (multi-merchant architecture)

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Using strong passwords and enabling two-factor authentication (when available)

4. Acceptable Use Policy

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service to manage your own e-commerce stores or stores you are authorized to manage.

4.2 Prohibited Activities

You may NOT:

• Use the Service to violate any laws or regulations
• Access stores or data you do not have permission to access
• Attempt to bypass security measures or authentication
• Reverse engineer, decompile, or disassemble the Service
• Use the Service to transmit malware, viruses, or harmful code
• Spam, harass, or abuse the Service or our support team
• Scrape, crawl, or collect data from the Service without authorization
• Resell or redistribute the Service without our written permission
• Use the Service in a way that could damage, disable, or impair our infrastructure
• Use the Service to compete with us or build a similar product

4.3 AI Usage Restrictions

The AI features are provided for legitimate business purposes. You may not use them to:

• Generate misleading or fraudulent product descriptions
• Manipulate pricing in ways that violate consumer protection laws
• Create content that infringes intellectual property rights
• Violate Shopify's or other platforms' Terms of Service

5. Billing and Payments

5.1 Subscription Plans

We offer multiple subscription tiers:

• ecAgent for Shopify (App Store): Billed via Shopify Billing API, prices displayed in App Store
• ecAgent Pro (Standalone): Billed via Stripe, see ecagent.ai for current pricing

5.2 Payment Terms

• Subscriptions are billed monthly or annually (as selected)
• All fees are in USD unless otherwise stated
• You authorize us (or Shopify) to charge your payment method automatically
• Payment is due immediately upon subscription or renewal
• Prices may change with 30 days notice

5.3 Refunds

• We offer a 14-day money-back guarantee for new subscriptions
• Refund requests must be submitted to support@ecagent.ai
• No refunds for partial months or annual subscriptions after 14 days
• We reserve the right to issue refunds at our discretion

5.4 Cancellation

• You may cancel your subscription at any time
• Cancellation takes effect at the end of the current billing period
• You retain access to the Service until the end of the paid period
• No refunds for early cancellation (except 14-day guarantee)

5.5 Suspension for Non-Payment

We may suspend your account for failed payments. Your data will be retained for 30 days to allow for payment resolution.

6. Data Ownership and Privacy

6.1 Your Data

You retain all ownership rights to:

• Your store data (products, inventory, customers, orders)
• Your conversation history and commands
• Any content you create or upload

6.2 Our Rights

You grant us a limited license to:

• Access and process your data to provide the Service
• Use anonymized, aggregated data for analytics and product improvement
• Store your data on our secure servers (Heroku, PostgreSQL, Redis)

6.3 Privacy

Our Privacy Policy describes how we collect, use, and protect your data. By using the Service, you consent to our privacy practices.

6.4 Data Retention

• Conversation history: 90 days (configurable)
• Account data: Retained while account is active
• Upon account deletion: All data deleted within 30 days
• Legal holds: Data may be retained longer if required by law

7. Intellectual Property

7.1 Our IP

ecAgent, including all software, code, designs, logos, trademarks, and documentation, is owned by us and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or distribute our IP without permission.

7.2 Your IP

You retain all rights to your store content and data. We claim no ownership over your products, descriptions, or other content.

7.3 AI-Generated Content

Content generated by our AI features (e.g., product descriptions) is provided to you for your use. However:

• You are responsible for reviewing and approving AI-generated content
• We do not guarantee that AI content is free from errors or infringement
• You assume all liability for publishing AI-generated content

8. Third-Party Integrations

8.1 Shopify Integration

Use of ecAgent with Shopify is subject to:

• Shopify's Terms of Service
• Shopify's API Terms
• OAuth permissions you grant to ecAgent

8.2 Other Platforms

As we add support for WooCommerce, BigCommerce, and other platforms, their respective terms will apply.

8.3 Third-Party Services

We use third-party services (Anthropic, Stripe, Heroku, etc.) that have their own terms and policies. We are not responsible for these third parties.

9. Disclaimers and Warranties

We do NOT guarantee that:

• The Service will be uninterrupted, timely, secure, or error-free
• AI responses will be accurate, complete, or suitable for your needs
• Defects will be corrected, though we will make reasonable efforts
• The Service will meet your specific requirements
• Data transmission will be secure (though we use industry-standard encryption)

You use the Service at your own risk and should:

• Maintain backups of critical data
• Review AI-generated changes before applying them
• Test operations in a development environment when possible
• Verify pricing and inventory changes

10. Limitation of Liability

WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Cost of substitute services or goods
• Damages arising from your use or inability to use the Service
• Damages caused by third parties, including Shopify or AI providers
• Damages from unauthorized access to your account (if you failed to secure it)
• Damages from AI errors, inaccuracies, or unintended operations

Some jurisdictions do not allow limitations on implied warranties or liability for incidental damages, so these limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless ecAgent, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Content you publish or operations you perform using the Service
• Your store data or customer data processing
• Disputes with your customers or suppliers

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription via the app settings
• Disconnecting your Shopify OAuth connection
• Contacting support@ecagent.ai to request deletion

12.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms or our Acceptable Use Policy
• Your payment fails and is not resolved within 15 days
• You engage in fraudulent or abusive behavior
• We are required to do so by law or court order
• We discontinue the Service (with 30 days notice)

12.3 Effect of Termination

Upon termination:

• Your access to the Service will cease immediately
• You will no longer be charged (after current period ends)
• Your data will be deleted within 30 days (unless legally required to retain)
• You may export your conversation history before termination
• OAuth tokens will be revoked

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

If you have a dispute, please contact us at support@ecagent.ai. We will attempt to resolve it informally within 30 days.

13.2 Binding Arbitration

If informal resolution fails, disputes will be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA). Arbitration will be conducted in English in Delaware, United States.

13.3 Class Action Waiver

You agree to arbitrate disputes on an individual basis only. You waive any right to participate in class actions, class arbitrations, or representative actions.

13.4 Exceptions

Either party may seek injunctive relief in court for intellectual property violations or breaches of confidentiality.

14. General Provisions

14.1 Governing Law

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

14.2 Changes to Terms

We may update these Terms from time to time. Changes will be posted with an updated "Last Updated" date. Material changes will be notified via email or prominent notice in the Service. Continued use after changes constitutes acceptance.

14.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full effect.

14.4 No Waiver

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

14.5 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations to any successor in interest (e.g., in a merger or acquisition).

14.6 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ecAgent regarding the Service, superseding any prior agreements.

14.7 Force Majeure

We are not liable for delays or failures due to causes beyond our reasonable control, including natural disasters, wars, pandemics, internet outages, or third-party service failures.

14.8 Survival

Provisions that by their nature should survive termination (including Sections 6, 7, 9, 10, 11, and 13) will continue to apply after termination.

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