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.

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 are beyond ecomVance's control.

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 third-party moderation decisions.

4.4 Output Quality Disclaimer: ecomVance makes no representations or warranties regarding the accuracy, quality, suitability, bias, or consistency of AI-generated content.

4.5 No Liability for Third-Party Failures: ecomVance shall not be liable for any damages arising from Third-Party Provider service interruptions, pricing changes, moderation decisions, data breaches, or AI model errors.

5. Financial Terms, Credits, and Refund Policy

5.1 Credit System: ecomVance operates on a prepaid credit system. Credits purchased through ecomVance are converted into API calls to Third-Party Providers.

5.2 No Cash Value: Credits have no monetary value outside of the ecomVance platform. Credits cannot be converted to cash, transferred to other users, or refunded except as explicitly stated.

5.3 Price Adjustments: ecomVance reserves the right to adjust credit costs, consumption rates, and pricing structures at any time. Price changes will be communicated via email.

5.4 No Refund Policy: ALL CREDIT PURCHASES ARE FINAL AND NON-REFUNDABLE. No refunds will be provided for: unused credits, dissatisfaction with AI outputs, failed requests due to policy violations, service interruptions by Third-Party Providers, account termination due to Terms violations, or voluntary account closure.

5.5 Forfeit upon Violation: In the event of account termination for policy violations, all remaining credits will be forfeited without compensation.

5.6 Failed Transactions: Credits will only be consumed for successfully completed requests. Failed requests due to ecomVance platform errors may be restored at ecomVance's sole discretion.

6. Security, Moderation, and Risk Management

6.1 Automated Moderation: ecomVance employs machine learning-based content moderation systems that analyze all user requests and generated content in real-time.

6.2 Manual Review: ecomVance staff may manually review flagged content, suspicious account activity, or high-risk usage patterns.

6.3 Account Suspension Triggers: Your account may be immediately suspended without notice for: detection of prohibited content, unusual usage patterns, multiple moderation violations, attempts to circumvent moderation, sharing or reselling account access, coordinated abuse, and payment fraud.

6.4 Rate Limiting and Abuse Prevention: ecomVance implements rate limiting, usage quotas, and anti-automation measures to prevent abuse.

6.5 Security Incidents: In the event of a security breach, ecomVance reserves the right to immediately suspend your account, force password reset, revoke sessions, and request identity verification.

7. Account Termination and Content Removal

7.1 Termination Rights: ecomVance reserves the unconditional right to terminate any user account, immediately and without prior notice, for any reason including: violation of Terms, prohibited content generation, suspicious activity, fraudulent activity, impersonation, sharing credentials, or violation of laws.

7.2 Content Removal and Retention: Upon account termination, ecomVance reserves the right to delete all user content or retain content for legal and investigative purposes.

7.3 No Data Recovery: After account termination, ecomVance is under no obligation to provide access to, recover, or return any user content or data.

7.4 Permanent Ban: Termination for severe policy violations may result in a permanent, irrevocable ban from ecomVance services.

7.5 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.

8. Limitation of Liability and Disclaimers

8.1 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.

8.2 No Guarantee of Availability: ecomVance does not guarantee that the Service will be uninterrupted, timely, secure, or error-free.

8.3 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 loss of profits, data, goodwill, or business opportunities.

8.4 Liability Cap: IN NO EVENT SHALL ecomVance'S TOTAL AGGREGATE LIABILITY 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.

8.5 User Indemnification: You agree to indemnify, defend, and hold harmless ecomVance from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your violation of third-party rights.

9. Governing Law and Dispute Resolution

9.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

9.2 Jurisdiction: Any legal action or proceeding arising out of these Terms shall be instituted exclusively in the courts of England and Wales.

9.3 International Users: If you access the Service from outside the United Kingdom, you do so at your own risk and are responsible for compliance with local laws.

9.4 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 action.

9.5 Limitation on Claims: Any claim arising out of these Terms must be filed within one (1) year after the claim arose.

10. Changes to Terms and Service Modifications

10.1 Right to Modify: ecomVance reserves the right to modify, update, or replace these Terms at any time, at our sole discretion, without prior notice.

10.2 Notification of Changes: When we make changes to these Terms, we will update the "Last Updated" date and post the revised Terms on our website.

10.3 Continued Use Constitutes Acceptance: Your continued access to or use of the Service after any changes constitutes your binding acceptance of the updated Terms.

10.4 Service Modifications: ecomVance may at any time add, modify, or remove Service features, change credit costs, implement new limits, or add or remove Third-Party Provider integrations.

10.5 No Guarantee of Feature Continuity: ecomVance makes no guarantee that any specific feature will remain available.

11. Miscellaneous Provisions

11.1 Entire Agreement: These Terms, together with our Privacy Policy and EULA, constitute the entire agreement between you and ecomVance regarding the Service.

11.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

11.3 No Waiver: ecomVance's failure to enforce any right or provision will not be deemed a waiver of such right or provision.

11.4 Assignment: You may not assign or transfer these Terms without ecomVance's prior written consent.

11.5 No Agency Relationship: No agency, partnership, joint venture, or employment relationship is created between you and ecomVance.

11.6 Force Majeure: ecomVance shall not be liable for any failure or delay due to causes beyond its reasonable control.

11.7 Survival: Provisions which by their nature should survive termination shall survive.

12. 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