Terms of Service

Last Updated: September 11, 2025

1. Acceptance of Terms

By accessing or using EcomATM ("Service," "Platform," "we," "us," or "our"), operated by EcomATM ("Company"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Service.

2. Description of Service

EcomATM is a comprehensive SaaS e-commerce automation platform that provides:

• E-commerce Store Management: Multi-store creation, product catalog management, order processing
• Messaging Automation: WhatsApp and Telegram integration, bulk messaging, customer communication
• AI-Powered Services: Automated customer support, lead qualification, content generation
• Analytics and Insights: Performance tracking, sales analytics, customer behavior analysis
• Integration Services: Connection with major e-commerce platforms and third-party tools
• Affiliate Program: Commission-based referral system for users
• Chrome Extension: WhatsApp contact extraction and browser automation tools

3. User Accounts and Registration

3.1 Account Creation

To use our Service, you must:

• Be at least 18 years old or the age of majority in your jurisdiction
• Provide accurate, current, and complete information during registration
• Maintain and update your account information
• Protect your account credentials and notify us of unauthorized access
• Accept responsibility for all activities under your account

3.2 Account Types and Plans

We offer multiple subscription plans:

• Free Plan: Limited features with basic store functionality
• Standard Plan: Enhanced features with unlimited products and basic automation
• Premium Plan: Advanced features including AI services and priority support
• Enterprise Plan: Custom solutions with dedicated support and advanced integrations

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our Service for legitimate business purposes, including:

• Creating and managing e-commerce stores
• Automating customer communication and marketing
• Processing orders and managing inventory
• Analyzing business performance and customer data
• Integrating with supported third-party platforms

4.2 Prohibited Uses

You agree not to use our Service to:

• Spam or Harassment: Send unsolicited messages, spam, or engage in harassment
• Illegal Activities: Violate any applicable laws, regulations, or third-party rights
• Fraudulent Behavior: Engage in fraudulent transactions, money laundering, or deceptive practices
• Intellectual Property Violations: Infringe on copyrights, trademarks, or other intellectual property
• Security Breaches: Attempt to breach security, access unauthorized data, or disrupt services
• Malicious Content: Distribute malware, viruses, or harmful code
• Impersonation: Impersonate others or create fake accounts
• Restricted Products: Sell illegal items, weapons, drugs, or other prohibited products

5. AI Services and Limitations

5.1 AI-Powered Features

Our AI services include:

• Automated customer service responses
• Content generation and optimization
• Lead qualification and scoring
• Predictive analytics and insights
• Product recommendations

5.2 AI Limitations and Disclaimers

You acknowledge that AI services:

• May produce inaccurate, incomplete, or inappropriate content
• Require human oversight and should not be used without review
• May reflect biases present in training data
• Are not suitable for critical business decisions without human validation
• May be subject to usage limits and rate restrictions

You are responsible for reviewing and approving all AI-generated content before use. We disclaim liability for damages resulting from AI service outputs.

6. Payment and Billing

6.1 Subscription Fees

• Subscription fees are charged monthly or annually in advance
• All fees are non-refundable except as specified in our Refund Policy
• Prices may change with 30 days' written notice
• Failed payments may result in service suspension
• You authorize automatic renewal unless cancelled

6.2 Usage-Based Charges

Additional fees may apply for:

• Exceeding message limits
• Premium AI service usage
• Advanced integrations and API calls
• Priority support services
• Data storage above included limits

6.3 Affiliate Program

Our affiliate program provides:

• Commission-based earnings for successful referrals
• Transparent tracking and reporting
• Monthly commission payments
• Compliance requirements and ethical marketing standards

7. Third-Party Integrations

7.1 Supported Integrations

We provide integrations with:

• E-commerce Platforms: Shopify, WooCommerce, Systeme.io, YouCanShop, Chariow
• Communication: WhatsApp Business (via SterChat), Telegram
• Productivity: Google Sheets, Gmail, Google Drive
• Payment: Moneroo and other supported processors
• Email: Resend and other email service providers

7.2 Third-Party Terms

Your use of integrated third-party services is subject to their respective terms and conditions. We are not responsible for third-party service availability, functionality, or data handling practices.

8. Data and Privacy

Your privacy is important to us. Our data handling practices are detailed in our Privacy Policy, which is incorporated into these Terms by reference. By using our Service, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

9. Intellectual Property

9.1 Our Rights

EcomATM and its licensors own all rights, title, and interest in the Service, including all intellectual property rights. You may not copy, modify, distribute, or create derivative works without our express written permission.

9.2 Your Content

You retain ownership of content you create or upload ("User Content"). By using our Service, you grant us a non-exclusive, royalty-free license to use, store, and process your User Content to provide our services.

9.3 Content Responsibility

You are solely responsible for your User Content and warrant that it:

• Does not infringe on any third-party rights
• Complies with applicable laws and regulations
• Does not contain harmful or malicious code
• Is accurate and not misleading

10. Service Availability and Support

10.1 Service Level

We strive to provide:

• 99.9% uptime for core services (excluding scheduled maintenance)
• 24/7 system monitoring and automated error detection
• Regular updates and feature improvements
• Security patches and vulnerability fixes

10.2 Support Services

• Standard Support: Email support with 24-48 hour response time
• Premium Support: Priority support with faster response times
• Enterprise Support: Dedicated account management and phone support
• Documentation: Comprehensive guides and tutorials

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECOMATM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ECOMATM IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

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

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

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

• Cancelling your subscription through your account settings
• Contacting our support team
• Following the account deletion process

13.2 Termination by Us

We may suspend or terminate your account for:

• Violation of these Terms or our policies
• Non-payment of fees
• Fraudulent or illegal activity
• Abuse of our services or systems
• Extended inactivity

13.3 Effect of Termination

Upon termination:

• Your access to the Service will cease immediately
• Your data may be deleted after a reasonable period
• Outstanding fees remain due and payable
• Certain provisions of these Terms will survive termination

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of [Jurisdiction], without regard to conflict of law principles.

14.2 Dispute Resolution Process

1. Informal Resolution: Contact us directly to resolve disputes
2. Mediation: Good faith mediation if informal resolution fails
3. Arbitration: Binding arbitration for unresolved disputes
4. Class Action Waiver: No class action or collective proceedings

15. Changes to Terms

We may update these Terms from time to time. We will provide notice of material changes through email or prominent notice on our platform. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

16. Contact Information

For questions about these Terms, contact us at:

17. Additional Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement between you and EcomATM regarding the Service.

17.2 Severability

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

17.3 Waiver

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