Terms & Conditions

By accessing and using the services provided by Ecomsters ("we," "our," or "us"), you ("client," "you," or "your") agree to comply with and be bound by these Terms and Conditions. These terms govern your use of our e-commerce automation services, including but not limited to Amazon FBA automation, Walmart WFS automation, TikTok Shop automation, Shopify automation, and YouTube automation services.

If you do not agree with any part of these terms, you must not use our services. We reserve the right to modify these terms at any time, and your continued use of our services constitutes acceptance of any such modifications.

Ecomsters provides comprehensive e-commerce automation services designed to streamline and optimize your online business operations. Our services include:

• Amazon FBA Automation: Complete store setup, product research, listing optimization, inventory management, and ongoing store management
• Walmart WFS Automation: Store creation, product sourcing, listing management, and fulfillment optimization
• TikTok Shop Automation: Account setup, product listings, content creation, and sales optimization
• Shopify Automation: Store development, product management, marketing automation, and performance optimization
• YouTube Automation: Channel creation, content strategy, monetization setup, and growth management
• Additional Services: SEO services, social media marketing, PPC management, and custom e-commerce solutions

As a client of Ecomsters, you agree to:

1. Provide Accurate Information: Supply complete, accurate, and up-to-date information required for service delivery
2. Maintain Account Security: Keep all login credentials, account information, and sensitive data secure
3. Comply with Platform Policies: Adhere to all terms of service, policies, and guidelines of third-party platforms (Amazon, Walmart, TikTok, Shopify, etc.)
4. Provide Necessary Access: Grant appropriate access permissions to your accounts and platforms as required for service delivery
5. Timely Payment: Make all payments according to the agreed payment schedule
6. Communication: Respond to our communications in a timely manner and provide feedback when requested
7. Legal Compliance: Ensure all business activities comply with applicable laws and regulations

Failure to meet these responsibilities may result in delays, additional charges, or termination of services.

Payment Schedule

Payment terms are established on a per-project basis and may include:

• Upfront payments for setup and initial services
• Monthly recurring fees for ongoing management services
• Performance-based fees tied to specific metrics
• One-time project fees for specific deliverables

Payment Methods

We accept payment through various methods including credit cards, bank transfers, and other approved payment processors. All payments must be made in US Dollars unless otherwise agreed upon.

Late Payments

Late payments may result in:

• Service interruption or suspension
• Late fees of 1.5% per month on outstanding balances
• Collection efforts and legal action if necessary

Refund Policy

Refunds are handled on a case-by-case basis. Setup fees and completed work are generally non-refundable. For detailed refund terms, please refer to our separate Refund Policy document.

All intellectual property rights related to our services, methodologies, software, and proprietary processes remain the exclusive property of Ecomsters. This includes:

• Automation tools and software
• Business methodologies and strategies
• Training materials and documentation
• Templates and frameworks
• Proprietary data and analytics

Clients retain ownership of their business data, product information, and content created specifically for their business. However, Ecomsters reserves the right to use anonymized and aggregated data for service improvement and industry analysis.

We are committed to protecting your privacy and personal information. Our data handling practices include:

• Data Collection: We collect only the information necessary to provide our services effectively
• Data Security: Implementation of industry-standard security measures to protect your information
• Data Usage: Your data is used solely for service delivery and business purposes
• Third-Party Access: Limited sharing with trusted partners and service providers under strict confidentiality agreements
• Data Retention: Information is retained for as long as necessary to provide services and meet legal requirements

For comprehensive details about our privacy practices, please review our Privacy Policy, which is incorporated into these terms by reference.

While we strive to provide exceptional service, certain limitations apply:

Platform Dependencies

Our services depend on third-party platforms (Amazon, Walmart, TikTok, etc.) whose policies, algorithms, and terms of service may change without notice. We cannot control these changes and their potential impact on your business.

Market Conditions

E-commerce success is influenced by market conditions, competition, consumer behavior, and economic factors beyond our control. We do not guarantee specific sales volumes, profit margins, or market performance.

Technical Limitations

Service delivery may be affected by technical issues, platform downtime, or force majeure events. We will make reasonable efforts to minimize disruptions and provide alternative solutions when possible.

To the maximum extent permitted by law, Ecomsters shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Business interruption or downtime
• Third-party platform policy changes or account suspensions
• Market fluctuations or competitive disadvantages

Our total liability for any claim arising from or relating to our services shall not exceed the total amount paid by you for services during the six (6) months preceding the event giving rise to the claim.

This limitation applies regardless of the legal theory under which the claim is brought, whether in contract, tort, strict liability, or otherwise.

You agree to indemnify, defend, and hold harmless Ecomsters, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• Your use of our services
• Your violation of these terms
• Your violation of any third-party rights
• Your violation of any applicable laws or regulations
• Your business operations and activities
• Content you provide or authorize us to use

This indemnification obligation will survive the termination of our service agreement.

Termination by Client

You may terminate our services with written notice according to the terms specified in your service agreement. Termination may be subject to:

• Early termination fees
• Completion of work in progress
• Payment of outstanding balances
• Return or deletion of confidential information

Termination by Ecomsters

We may terminate services immediately upon notice if:

• Payment is overdue by more than 30 days
• You violate these terms or applicable laws
• Your account is suspended by third-party platforms due to policy violations
• You engage in fraudulent or illegal activities
• Service delivery becomes impossible due to external factors

Effects of Termination

Upon termination:

• All payment obligations become immediately due
• Access to our services and systems will be revoked
• Confidential information must be returned or destroyed
• Ongoing obligations regarding confidentiality and indemnification continue

Both parties acknowledge that they may have access to confidential information during the course of our business relationship. We agree to:

• Keep all confidential information strictly confidential
• Use confidential information solely for the purpose of providing/receiving services
• Not disclose confidential information to third parties without prior written consent
• Implement reasonable security measures to protect confidential information
• Return or destroy confidential information upon termination of services

Confidential information includes business strategies, customer data, financial information, proprietary methods, and any information marked as confidential or that would reasonably be considered confidential.

This confidentiality obligation survives termination of our service relationship and continues indefinitely.

Neither party shall be liable for any failure or delay in performance under these terms due to events beyond their reasonable control, including but not limited to:

• Natural disasters, earthquakes, floods, or severe weather
• War, terrorism, or civil unrest
• Government actions, regulations, or sanctions
• Pandemics or public health emergencies
• Internet outages or cyber attacks
• Third-party platform failures or policy changes
• Labor strikes or shortages

Upon occurrence of a force majeure event, the affected party must notify the other party promptly and make reasonable efforts to mitigate the impact. Performance obligations will be suspended during the force majeure event and resume when conditions permit.

Informal Resolution

Before pursuing formal legal action, both parties agree to attempt to resolve disputes through good faith negotiations. Either party may initiate this process by providing written notice of the dispute.

Mediation

If informal negotiations fail to resolve the dispute within 30 days, the parties agree to participate in mediation conducted by a mutually agreed-upon mediator. The costs of mediation will be shared equally between the parties.

Arbitration

If mediation is unsuccessful, any remaining disputes will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in Miami, Florida, and governed by Florida law.

Class Action Waiver

Both parties waive their right to participate in class action lawsuits or class-wide arbitration proceedings.

These terms and conditions are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles. Any legal proceedings not subject to arbitration must be brought in the state or federal courts located in Miami-Dade County, Florida.

By using our services, you consent to the personal jurisdiction of these courts and waive any objection to venue in these forums.

If any provision of these terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the intent of the original provision.

These terms and conditions, together with your service agreement and any referenced policies, constitute the entire agreement between you and Ecomsters regarding the use of our services. These terms supersede all prior agreements, understandings, and communications, whether written or oral.

Any modifications to these terms must be made in writing and signed by both parties, except for updates to these terms posted on our website, which become effective upon posting.