Terms of Service

2. User Responsibilities and Prohibited Content

2.1 Sole Responsibility: You are solely and exclusively responsible for all content you create, generate, upload, transmit, or request through the Service. This responsibility includes but is not limited to ensuring legal compliance, obtaining necessary rights and permissions, and bearing all consequences of content generation.

2.2 Strictly Prohibited Content: The following content types are absolutely prohibited under all circumstances:

• Child Sexual Abuse Material (CSAM): Any content depicting, suggesting, or related to the sexual exploitation or abuse of minors
• Non-Consensual Intimate Content: Deepfakes, non-consensual pornography, revenge porn, or any intimate images or videos created or shared without explicit consent
• Extreme Sexual Content: Bestiality, zoophilia, necrophilia, or any content depicting sexual acts with animals or deceased individuals
• Violent and Extremist Content: Graphic violence, torture, mutilation, terrorism propaganda, extremist recruitment materials
• Hate Speech and Harassment: Content that promotes hatred, discrimination, or violence against individuals or groups
• Fraudulent and Illegal Activities: Content designed for fraud, scams, phishing, identity theft, copyright infringement
• Malicious Use: Content intended to harass, stalk, dox, blackmail, extort, or otherwise harm individuals
• Misinformation Campaigns: Coordinated campaigns to spread false information or manipulate public opinion

2.3 Enforcement and Consequences: Violation of content policies will result in: immediate account termination, credit forfeiture, data retention for investigation, law enforcement reporting, legal action, and permanent platform ban.

2.4 Proactive Moderation: ecomVance employs automated and manual content moderation systems. You consent to the monitoring, scanning, and analysis of your content requests and outputs for policy compliance.

3. Data Logging and Retention

3.1 Logging Practices: To ensure service security, prevent abuse, and comply with legal obligations, ecomVance logs and retains: all API requests and responses, IP addresses, device information, user actions, generated content and prompts, account creation details, and support communications.

3.2 Retention Period: Logs are retained for a minimum of 12 months and up to 7 years as required by legal obligations. Flagged content may be retained indefinitely for law enforcement and legal proceedings.

3.3 Automated Analysis: All logs are subject to automated analysis for: security threat detection, abuse pattern identification, policy violation detection, service improvement, and compliance monitoring.

3.4 Evidence Preservation: In cases of policy violations or suspected illegal activity, all relevant logs, content, and metadata will be preserved as evidence.

4. Third-Party Services and Disclaimers

4.1 Third-Party Terms Incorporation: By using ecomVance, you acknowledge and agree that you are also bound by the terms of service, acceptable use policies, and privacy policies of all Third-Party Providers whose services are accessed through our platform. These third-party terms are incorporated by reference into these Terms.

4.2 Third-Party Availability: ecomVance cannot and does not guarantee the continuous availability of Third-Party Provider services. Service interruptions, maintenance windows, rate limiting, or permanent service discontinuation by Third-Party Providers are beyond ecomVance's control and do not constitute a breach of these Terms.

4.3 Third-Party Moderation: Third-Party Providers may independently moderate, reject, or block your content requests based on their own policies. ecomVance has no control over and bears no responsibility for third-party moderation decisions, even if they result in failed requests or consumed credits.

4.4 Output Quality Disclaimer: ecomVance makes no representations or warranties regarding: (a) the accuracy, quality, or suitability of AI-generated content; (b) the absence of bias, errors, or harmful outputs in AI-generated content; (c) the compliance of AI-generated content with any specific standards or requirements; (d) the consistency or reproducibility of AI outputs.

4.5 No Liability for Third-Party Failures: ecomVance shall not be liable for any damages, losses, delays, errors, or failures arising from: (a) Third-Party Provider service interruptions or degradation; (b) changes to third-party pricing, features, or availability; (c) third-party content moderation decisions; (d) third-party data breaches or security incidents; (e) errors or inaccuracies in third-party AI models or outputs.

5. Shopify App Store Integration

5.1 Shopify App Store Access: ecomVance is available as an application through the Shopify App Store. When you install and use ecomVance through the Shopify App Store, additional terms and conditions apply as described in this section, in addition to Shopify's own terms of service and merchant agreements.

5.2 Shopify Billing Integration: Payments for ecomVance services accessed through the Shopify App Store are processed through Shopify's Billing API. This means:

• Payment Processing: All subscription fees and credit package purchases are billed through your Shopify account and appear on your Shopify invoice
• Platform Commission: Shopify retains a platform commission (currently 20%) on all transactions processed through their Billing API. This commission is factored into our pricing structure
• Currency and Tax: Billing currency and applicable taxes are determined by your Shopify account settings and local regulations
• Billing Disputes: Payment disputes for Shopify-billed transactions must be resolved through Shopify's merchant support channels in accordance with their dispute resolution process

5.3 App Installation and Uninstallation:

• Installation: Installing the ecomVance app from the Shopify App Store constitutes acceptance of these Terms and grants ecomVance access to necessary store data as described in our Privacy Policy
• Uninstallation: You may uninstall the ecomVance app at any time through your Shopify admin panel. Uninstalling the app will: (a) cancel any active subscriptions at the end of the current billing period; (b) revoke API access to your store; (c) initiate the data retention and deletion process as described in Section 8
• Reinstallation: If you reinstall the app within 30 days of uninstallation, your previous account settings and remaining credits (excluding trial credits) may be restored. After 30 days, a new account will be created with fresh trial credits

5.4 Shopify Free Trial for App Store Users: New Shopify store installations receive a 14-day free trial with the following terms:

• 100 credits available per day during the trial period
• Daily credits reset at midnight UTC and do not accumulate between days
• Unused daily credits expire at the end of each 24-hour period
• Trial ends 14 days after initial app installation
• After trial expiration, a paid subscription or credit package purchase is required to continue using AI generation features
• Trial credits have no monetary value and cannot be transferred, extended, or converted

5.5 Shopify Platform Compliance: Your use of ecomVance through the Shopify App Store must comply with:

• Shopify's Acceptable Use Policy
• Shopify's API Terms of Service
• Shopify's Partner Program Agreement (if applicable)
• All applicable Shopify merchant agreements and policies

5.6 Store Data Access: By installing the ecomVance app, you authorize us to access and process certain store data as necessary to provide our services, including but not limited to: store domain, store name, owner email, product information, and product images. See our Privacy Policy for detailed information about data collection and processing.

5.7 Independent Operation: ecomVance operates independently from Shopify Inc. While we integrate with the Shopify platform, Shopify is not responsible for ecomVance services, support, or any issues arising from your use of our application. All support requests should be directed to ecomVance support channels.

6. Financial Terms, Credits, and Refund Policy

6.1 Credit System: ecomVance operates on a prepaid credit system. Credits purchased through ecomVance are converted into API calls to Third-Party Providers. Credit consumption rates are determined by: (a) Third-Party Provider pricing; (b) request complexity and parameters; (c) processing time and resource usage; (d) ecomVance service fees and operational costs. Multi-Store Credit Sharing: Your credit balance is unified across your ecomVance account. If you connect multiple Shopify stores to a single ecomVance account, all connected stores share the same credit balance. Credits purchased or earned on any platform (web dashboard, Shopify plugin, or API) are available for use across all connected stores and access methods.

6.2 No Cash Value: Credits have no monetary value outside of the ecomVance platform. Credits cannot be: (a) converted to cash; (b) transferred to other users; (c) refunded except as explicitly stated in Section 6.4; (d) used on any other platform or service.

6.3 Price Adjustments: ecomVance reserves the right to adjust credit costs, consumption rates, and pricing structures at any time in response to: (a) changes in Third-Party Provider pricing; (b) fluctuations in operational costs; (c) market conditions; (d) service improvements or feature additions. Price changes will be communicated via email notification and will not affect already-purchased credits, only future purchases.

6.4 No Refund Policy: ALL CREDIT PURCHASES ARE FINAL AND NON-REFUNDABLE. Specifically, no refunds will be provided for:

• Unused credits remaining in your account
• Dissatisfaction with AI-generated outputs or quality
• Failed or rejected requests due to content policy violations
• Service interruptions caused by Third-Party Providers
• Account termination due to Terms violations
• Changes in service pricing or credit consumption rates
• Voluntary account closure or service cancellation

6.5 Forfeit upon Violation: In the event of account termination for policy violations, abuse, or illegal activity, all remaining credits will be forfeited without compensation or refund. This forfeiture is automatic and immediate upon account suspension or termination.

6.6 Failed Transactions: Credits will only be consumed for successfully completed requests. If a request fails due to ecomVance platform errors (not third-party errors or policy violations), the consumed credits may be restored to your account at ecomVance's sole discretion.

6.7 Free Trial: ecomVance offers a limited free trial period for new users. The free trial includes: (a) a 7-day trial period commencing upon account creation; (b) 100 credits per day during the trial period; (c) daily credit reset at 24-hour intervals (credits do not accumulate between days); (d) full access to all platform features and tools. Upon expiration of the trial period: (i) any unused daily credits are automatically forfeited without compensation; (ii) access to credit-consuming features will be restricted until a paid subscription is activated; (iii) account data and generation history will be preserved. Free trial credits have no monetary value and cannot be transferred, extended, or converted. ecomVance reserves the right to modify, suspend, or discontinue the free trial program at any time without prior notice.

7. Security, Moderation, and Risk Management

7.1 Automated Moderation: ecomVance employs machine learning-based content moderation systems that analyze all user requests and generated content in real-time. These systems may: (a) automatically reject requests that violate content policies; (b) flag accounts for manual review; (c) temporarily restrict access pending investigation; (d) permanently suspend accounts for severe or repeated violations.

7.2 Manual Review: ecomVance staff may manually review flagged content, suspicious account activity, or high-risk usage patterns. During manual review, your account may be temporarily restricted, and processing of new requests may be delayed or prevented.

7.3 Account Suspension Triggers: Your account may be immediately suspended without notice for:

• Detection of prohibited content requests or outputs
• Unusual usage patterns indicative of automated abuse or bot activity
• Multiple moderation policy violations within a short timeframe
• Attempts to circumvent content moderation systems
• Sharing or reselling account access
• Evidence of coordinated abuse or manipulation
• Chargebacks, payment fraud, or financial irregularities

7.4 Rate Limiting and Abuse Prevention: To prevent abuse and ensure fair access, ecomVance implements rate limiting, usage quotas, and anti-automation measures. Excessive usage, rapid-fire requests, or patterns consistent with automated abuse may result in: (a) temporary throttling of your requests; (b) CAPTCHA challenges; (c) account restrictions; (d) account suspension.

7.5 Security Incidents: In the event of a security breach, suspected account compromise, or unauthorized access, ecomVance reserves the right to: (a) immediately suspend your account; (b) force password reset; (c) revoke all active sessions; (d) temporarily disable specific features; (e) request additional identity verification.

8. Account Termination and Content Removal

8.1 Termination Rights: ecomVance reserves the unconditional right to terminate any user account, immediately and without prior notice, for any reason including but not limited to:

• Violation of these Terms or any ecomVance policy
• Generation or attempted generation of prohibited content
• Suspicious activity or security concerns
• High-risk behavior or patterns of abuse
• Fraudulent activity or payment disputes
• Impersonation or identity misrepresentation
• Sharing account credentials or reselling access
• Violation of applicable laws or regulations

8.2 Content Removal and Retention: Upon account termination, ecomVance reserves the right to: (a) immediately delete all user-generated content and account data; (b) retain all content, logs, and metadata for legal, compliance, or investigative purposes; (c) share retained content with law enforcement or regulatory authorities as required by law or legal process.

8.3 No Data Recovery: After account termination, ecomVance is under no obligation to provide access to, recover, or return any user content, generated outputs, or account data. Users are solely responsible for maintaining their own backups and copies of generated content.

8.4 Permanent Ban: Termination for severe policy violations may result in a permanent, irrevocable ban from ecomVance services. This ban extends to: (a) prohibition of creating new accounts; (b) blocking of associated email addresses, payment methods, and IP addresses; (c) refusal of future service applications; (d) potential legal action for ongoing violations.

8.5 Voluntary Account Closure: Users may voluntarily close their accounts at any time through account settings. Voluntary closure does not entitle users to refunds of unused credits. All account data and content may be retained as described in Section 3.

9. Limitation of Liability and Disclaimers

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

9.2 No Guarantee of Availability: ecomVance does not guarantee that: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) Third-Party Provider services will be available or functional; (c) generated content will meet your requirements or expectations; (d) all bugs, errors, or defects will be corrected; (e) the Service will be compatible with all systems or devices.

9.3 Exclusion of Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ecomVance SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or content
• Loss of goodwill or reputation damage
• Cost of procurement of substitute services
• Damages resulting from Third-Party Provider failures or errors
• Damages arising from content moderation decisions
• Damages resulting from account suspension or termination
• Damages arising from security breaches or unauthorized access

9.4 Liability Cap: IN NO EVENT SHALL ecomVance'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE AMOUNT YOU PAID TO ecomVance IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

9.5 User Indemnification: You agree to indemnify, defend, and hold harmless ecomVance, its officers, directors, employees, contractors, agents, and affiliates from any and all claims, damages, obligations, losses, liabilities, costs, or expenses arising from: (a) your use of the Service; (b) content you generate, upload, or share; (c) your violation of these Terms; (d) your violation of any third-party rights; (e) your violation of applicable laws or regulations.

10. Governing Law and Dispute Resolution

10.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

10.2 Jurisdiction: Any legal action or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal or state courts located in Delaware. You consent to personal jurisdiction and venue in these courts and waive any objection to such jurisdiction or venue.

10.3 International Users: If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws. By using the Service, you consent to the transfer and processing of your data in the United States and acknowledge that U.S. laws will govern any disputes.

10.4 Class Action Waiver: To the maximum extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

10.5 Limitation on Claims: Any claim arising out of or related to these Terms or the Service must be filed within one (1) year after the claim arose. Claims filed after this period are permanently barred.

11. Changes to Terms and Service Modifications

11.1 Right to Modify: ecomVance reserves the right to modify, update, or replace these Terms at any time, at our sole discretion, without prior notice. Changes may address legal compliance, policy updates, new features, or operational requirements.

11.2 Notification of Changes: When we make changes to these Terms, we will: (a) update the "Last Updated" date at the top of this document; (b) post the revised Terms on our website; (c) send email notification to registered users for material changes.

11.3 Continued Use Constitutes Acceptance: Your continued access to or use of the Service after any changes to these Terms constitutes your binding acceptance of the updated Terms. If you do not agree to the new Terms, you must stop using the Service immediately.

11.4 Service Modifications: ecomVance may at any time: (a) add, modify, or remove Service features; (b) change credit costs or consumption rates; (c) implement new usage limits or restrictions; (d) discontinue support for specific features or tools; (e) modify content moderation policies; (f) add or remove Third-Party Provider integrations.

11.5 No Guarantee of Feature Continuity: ecomVance makes no guarantee that any specific feature, tool, or service capability will remain available. Features may be deprecated, modified, or removed at any time without compensation to users.

12. Miscellaneous Provisions

12.1 Entire Agreement: These Terms, together with our Privacy Policy and EULA, constitute the entire agreement between you and ecomVance regarding the Service and supersede all prior agreements and understandings.

12.2 Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

12.3 No Waiver: ecomVance's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of ecomVance.

12.4 Assignment: You may not assign or transfer these Terms or your account without ecomVance's prior written consent. ecomVance may assign these Terms or delegate any of its obligations without restriction.

12.5 No Agency Relationship: No agency, partnership, joint venture, or employment relationship is created between you and ecomVance as a result of these Terms or your use of the Service.

12.6 Force Majeure: ecomVance shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

12.7 Survival: Provisions of these Terms which by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.

13. Contact Information

For questions or concerns regarding these Terms of Service, please contact:

ecomVance Support:
Email: hello@ecomvance.ai

BEY AGENCY LTD (Parent Company):
Email: hi@bey.agency
Website: https://bey.agency/
Address: Suite 90415 Brayford Square, London, United Kingdom, E1 0SG
Company Number: 16435596