1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the EcomBrain platform, including our website at ecombrain.ioand all associated services (collectively, the "Services"), operated by Ecombrain Solution LLC ("EcomBrain," "we," "our," or "us"), a Wyoming limited liability company.

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

If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that case, "you" refers to both you individually and the entity.

2. Description of Services

EcomBrain is an AI-powered e-commerce analytics and business intelligence platform. The Services include:

Connection and aggregation of data from third-party e-commerce platforms (e.g., Shopify, WooCommerce)
Connection and aggregation of advertising platform data (e.g., Meta Ads, Google Ads, TikTok Ads)
AI-powered analytics, insights, and business recommendations
Financial dashboards including revenue, profit, and expense tracking
Inventory, order, and customer management views
Automated reporting and alerting
AI chat assistant powered by OpenAI

We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

3. Account Registration & Security

3.1 Registration

You must be at least 18 years of age to create an account
You must provide accurate, current, and complete information during registration
You must promptly update your information if it changes
One person or entity may not maintain more than one free account

3.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials
You are responsible for all activity that occurs under your account
You must notify us immediately at security@ecombrain.io of any unauthorized access or security breach
We are not liable for any loss or damage from your failure to maintain account security

3.3 Account Sharing

Account credentials are personal. Sharing your account credentials with others (except where a multi-user subscription explicitly permits it) is prohibited and may result in account suspension.

4. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in compliance with these Terms. You agree not to:

Prohibited Activities

Violate any applicable laws, regulations, or third-party rights
Use the Services to process data you do not have the right to use
Attempt to gain unauthorized access to any part of the Services or related systems
Reverse engineer, decompile, or attempt to extract the source code of the platform
Use automated means (bots, scrapers) to access the Services in a manner that overburdens our infrastructure
Upload or transmit malicious code, viruses, or any software intended to damage systems
Use the Services to store or transmit unlawful, defamatory, or infringing content
Resell or sublicense access to the Services without our written permission
Use the Services to engage in or facilitate spam, phishing, or other deceptive practices
Impersonate any person or entity, or misrepresent your affiliation

Your Data Responsibilities

When you connect third-party platforms, you represent and warrant that:

You have the right and authority to share the data you connect to EcomBrain
The data does not infringe on the rights of any third party
You have appropriate consents from your own customers where required by applicable law (e.g., GDPR)
You comply with the terms of service of the third-party platforms you connect

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

5. Payment Terms

5.1 Subscriptions & Billing

EcomBrain offers subscription-based plans billed monthly or annually
All prices are listed in USD (or as displayed at checkout) and exclude applicable taxes
Subscriptions renew automatically at the end of each billing period unless cancelled
You authorize us to charge your payment method on file for recurring subscription fees
Payments are processed securely by Stripe. EcomBrain does not store your payment card details

5.2 Taxes

Prices may be subject to applicable taxes (including VAT for EU customers) calculated at checkout based on your billing address. You are responsible for all applicable taxes associated with your use of the Services.

5.3 Failed Payments

If a payment fails, we will notify you and attempt to retry the charge. If payment is not received within 7 days, your account may be suspended. Access will be restored upon successful payment.

5.4 Refund Policy

Monthly plans: No refunds for the current billing period. Cancel at any time to prevent the next renewal.
Annual plans: Refunds may be considered on a pro-rata basis within 14 days of the initial purchase or renewal. Contact billing@ecombrain.io within this window.
Consumer rights (EU): EU consumers have a statutory 14-day right of withdrawal from the date of purchase for digital services, unless the service has already commenced with your explicit consent and acknowledgment that the withdrawal right is thereby waived.

5.5 Price Changes

We may change our pricing with at least 30 days' advance notice to your registered email address. Continued use of the Services after the price change takes effect constitutes acceptance of the new price.

6. Intellectual Property

6.1 Our Intellectual Property

The Services and all content, features, and functionality therein (including software, design, text, graphics, logos, and AI models) are owned by EcomBrain and protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without our express written permission.

6.2 Your Data & License

You retain all ownership rights to the data you upload or connect to EcomBrain ("Your Data"). By using the Services, you grant EcomBrain a limited, non-exclusive, worldwide license to:

Process and store Your Data to provide the Services
Display Your Data within the platform to you and authorized team members
Use anonymized or redacted product-improvement records, aggregated patterns, and feedback to improve templates, agents, and service quality where enabled by your settings or otherwise permitted by these Terms and our Privacy Policy

This license terminates when you delete Your Data or close your account (subject to retention obligations described in our Privacy Policy).

6.3 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use such feedback for any purpose without compensation to you.

7. Data Processing & GDPR

When you use EcomBrain, two distinct data processing relationships may apply:

EcomBrain as Data Controller

For data relating to you (your account information, usage data, billing information), EcomBrain acts as the data controller. Your rights and our obligations are described in our Privacy Policy.

EcomBrain as Data Processor

When you connect your store and advertising platforms, EcomBrain processes data on your behalf (e.g., your customers' order data). In this context, you are the data controller and EcomBrain acts as your data processor.

As a data controller, you are responsible for ensuring you have a lawful basis for sharing this data with EcomBrain and for informing your own customers about such processing. A Data Processing Agreement (DPA) is available upon request at privacy@ecombrain.io.

8. Disclaimer of Warranties

THE SERVICES ARE 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, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE SERVICES OR SERVERS ARE FREE OF VIRUSES; OR (D) THE RESULTS OBTAINED FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE.

AI-generated insights, recommendations, and analytics are provided for informational purposes only. They do not constitute financial, legal, or business advice. You should independently verify any AI-generated output before making business decisions.

Consumer Rights Note: If you are a consumer, statutory warranties or mandatory consumer protection laws in your jurisdiction may apply and cannot be excluded by contract. The above disclaimers apply only to the extent permitted by law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ECOMBRAIN, ITS DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES.

IN ANY CASE, ECOMBRAIN'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO ECOMBRAIN IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) EUR 100.

Consumer Rights Note: Nothing in these Terms limits or excludes liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any liability that cannot be excluded under applicable consumer protection law. Statutory rights of consumers are not affected.

10. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless EcomBrain and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

Your violation of these Terms
Your use or misuse of the Services
Your violation of any third-party rights, including intellectual property or privacy rights
Your breach of any applicable law or regulation
Data you provide to EcomBrain (including third-party connectors)

11. Termination

11.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting billing@ecombrain.io. Cancellation takes effect at the end of your current billing period. You will retain access to the Services until then.

11.2 Termination by EcomBrain

We may suspend or terminate your account and access to the Services:

Immediately for material breach of these Terms (e.g., fraud, illegal activity, Acceptable Use violations)
With 30 days' notice for any other reason, including discontinuation of the Services
After 7 days of failed payment, with prior notification

11.3 Effect of Termination

Upon termination:

Your right to access the Services ceases immediately
We will retain Your Data for 30 days post-termination, during which you may request an export
After 30 days, Your Data will be permanently deleted, subject to legal retention requirements
Provisions that by their nature should survive termination (including payment obligations, IP rights, disclaimers, and limitations of liability) shall remain in effect

12. Governing Law & Dispute Resolution

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to conflict of law principles. Mandatory privacy, data protection, and consumer protection laws apply where they cannot be excluded by contract.

12.2 Dispute Resolution

In the event of a dispute, we encourage you to contact us first at legal@ecombrain.io. We will make good-faith efforts to resolve disputes informally within 30 days.

If informal resolution fails, disputes shall be submitted to the competent state or federal courts located in Wyoming, United States, unless mandatory law gives you a non-waivable right to bring a claim elsewhere.

EU Consumer Rights: If you are a consumer resident in the EU, you may also benefit from mandatory consumer protection provisions of your country of residence that cannot be derogated from by contract. Nothing in these Terms is intended to limit those rights.

13. General Provisions

Entire Agreement

These Terms, together with the Privacy Policy and any additional terms presented to you (e.g., during purchase), constitute the entire agreement between you and EcomBrain regarding the Services and supersede any prior agreements.

Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of our right to enforce that provision in the future.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. EcomBrain may assign these Terms in connection with a merger, acquisition, or sale of assets, with 30 days' prior notice to you.

Amendments

We may modify these Terms at any time. We will provide at least 30 days' notice of material changes via email and in-app notification. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance. If you do not agree, you may cancel your account before the effective date.

Force Majeure

EcomBrain shall not be liable for any failure to perform its obligations under these Terms to the extent caused by events beyond our reasonable control, including but not limited to natural disasters, acts of government, internet outages, or cyberattacks.

14. Contact Us

For questions about these Terms, please contact us:

General & Legal Enquiries

legal@ecombrain.io

Billing & Payments

billing@ecombrain.io

Data Protection / Privacy

privacy@ecombrain.io

Company

Ecombrain Solution LLC

30 N Gould St Ste 5240, Sheridan, WY 82801, United States