Terms of Service

1. Agreement Acceptance

By accessing and using Ecomenia ("Service," "Platform," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, then you may not access the Service.

2. Service Description

Ecomenia is a comprehensive B2B e-commerce SaaS platform that provides:

• Multi-tenant Store Management: Individual store workspaces with custom subdomains
• Product Catalog Management: Comprehensive product and inventory systems
• Order Processing: Complete order lifecycle management with COD support
• Team Collaboration: Role-based access control and team management
• Third-party Integrations: Delivery services, payment providers, e-commerce platforms
• Analytics and Reporting: Business intelligence and performance metrics

3. User Accounts and Registration

3.1 Eligibility & Account Creation

• You must be at least 18 years old or otherwise have the legal capacity to enter into binding agreements.
• You must provide accurate, current, and complete information during registration.
• Accounts may be created by individual entrepreneurs or legal business entities.
• Each individual or entity may maintain only one primary account, though additional team members may be invited under role-based access.
• You must comply with all applicable laws and regulations in your jurisdiction when using the Service.

3.2 Account Types

• Individual Accounts: For independent business operators.
• Business Accounts: For companies and organizations.
• Store Owners: Primary account holders with full administrative privileges.
• Team Members: Invited users with limited, role-based permissions.

3.3 Account Security & Responsibility

• You are solely responsible for all activities that occur under your account.
• You must keep your login credentials confidential and secure.
• We strongly recommend enabling two-factor authentication (2FA) when available.
• You must notify us immediately of any unauthorized access, breach, or suspicious activity.
• Accounts may not be sold, transferred, or assigned to another party without our written consent.
• We reserve the right to suspend or terminate accounts that violate these Terms or are used for unlawful purposes.

3.4 Permitted Use

• The Service is intended strictly for legitimate business purposes.
• You may not use the Service for any illegal, fraudulent, or unauthorized activity.
• You agree to comply with all relevant industry standards, policies, and applicable laws.

4. Service Plans and Billing

4.1 Subscription Plans

• We offer a range of subscription plans with different features, limits, and pricing tiers.
• Plan details (including pricing, credits, and features) may change from time to time with prior notice.
• You may upgrade or downgrade your plan at any time.
• Changes to your plan will take effect in your next billing cycle, unless otherwise specified.

4.2 Plan Types

• Free Plan: unlimited access to basic features with free welcome credits for a limited time.
• Starter Plans: Entry-level features designed for small businesses.
• Professional Plans: Expanded features, higher usage limits, and priority support.
• Enterprise Plans: Custom solutions with dedicated resources and support.

4.3 Credit System

• Our platform uses a credit-based system for order processing and related services.
• Each subscription plan includes a monthly allocation of credits.
• Additional credits can be purchased separately at the published rates.
• Unused credits do not roll over to the next billing cycle.

4.4 Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis.
• All payments are non-refundable, except as required by law or our refund policy.
• We accept major credit cards and other approved payment methods.
• Failed or overdue payments may result in suspension or termination of service.

4.5 Subscription Changes & Cancellations

• Upgrades: Take effect immediately, with pro-rated billing adjustments if applicable.
• Downgrades: Applied at the beginning of the next billing cycle.
• Cancellation: You retain access to the Service until the end of your current billing period.
• Refunds: Pro-rated refunds may be offered only as outlined in our refund policy.

5. Acceptable Use Policy

This Acceptable Use Policy defines the permitted and prohibited uses of the Service. By using the Service, you agree to comply with these requirements.

5.1 Permitted Uses

You may use the Service to:

• Manage your e-commerce stores, catalogs, and business operations.
• Process customer orders, manage inventory, and coordinate deliveries.
• Collaborate with team members using role-based permissions.
• Integrate with supported third-party services and APIs.
• Generate business reports, analytics, and insights.

5.2 Prohibited Activities

You may not use the Service to:

• Illegal Products: Sell, promote, or distribute prohibited, illegal, or restricted items.
• Fraudulent Activities: Engage in scams, pyramid schemes, fake orders, or deceptive practices.
• Abuse of Services: Circumvent or violate API rate limits, exploit system vulnerabilities, or disrupt the platform.
• Malicious Content: Upload, distribute, or transmit malware, viruses, or harmful code.
• Spam & Harassment: Send unsolicited communications or harass other users.
• Intellectual Property Violations: Infringe upon third-party copyrights, trademarks, or patents.
• Unauthorized Access: Attempt to gain access to other accounts, systems, or data without permission.
• Competing Platforms: Use the Service to build or operate a competing platform.

5.3 Content Standards

• All content must be truthful, accurate, and lawful, including product descriptions, pricing, and business details.
• You are responsible for ensuring you have the necessary rights and licenses to all uploaded content.
• Content must comply with advertising, marketing, and consumer protection laws.
• Customer data must be handled in compliance with privacy and data protection regulations.
• We reserve the right to review, restrict, or remove content that violates these standards.

5.4 API Usage Guidelines

If you use our APIs, you must:

• Respect published rate limits, quotas, and usage guidelines.
• Implement proper error handling and retry logic in your integrations.
• Store API keys and credentials securely and rotate them regularly.
• Comply with the terms of use of our integration partners.

6. Data Ownership and Privacy

6.1 Your Data

• You retain full ownership of all business and personal data you upload to the platform.
• You grant us a limited license to use your data solely as necessary to provide and improve the Service.
• You have the right to export your data in commonly used, standard formats.
• You control how your data is shared with integrations and third-party services.
• You are responsible for ensuring the accuracy, legality, and compliance of your data.
• You are responsible for maintaining your own backup copies of important data.

6.2 Platform Data

• We collect usage analytics, performance metrics, and system logs to maintain and improve the Service.
• We may generate aggregated and anonymized insights that do not identify individual users or businesses.
• We use this data to support service optimization, security monitoring, and fraud prevention.

6.3 Third-Party Integration Data

• Certain features require sharing data with delivery providers, payment processors, and e-commerce platforms.
• Data shared is limited to what is necessary for the integration to function.
• Examples include:
  • Delivery tracking information shared with courier services.
  • Payment details processed securely by approved payment providers.
  • Synchronization of product, order, and customer data with e-commerce platforms.
  • Notifications and communications handled through integrated services.

6.4 Privacy Compliance

• Our collection and processing of personal data is governed by our Privacy Policy.
• We comply with applicable data protection laws (e.g., GDPR, CCPA, and other regional regulations).
• You are responsible for compliance with data protection obligations in your jurisdiction when handling your customers' data.
• We provide tools to help you manage data subject access requests (such as deletion or export requests).

6.5 Data Security

• We employ technical and organizational measures to safeguard your data.
• Data is encrypted in transit and at rest using industry-standard practices.
• We conduct regular security audits and vulnerability assessments.
• We maintain incident response procedures for handling potential data breaches.

7. Third-Party Integrations

7.1 Integration Services

We integrate with various third-party services including:

• E-commerce platforms (Shopify, WooCommerce, YouCan)
• Delivery services (Yalidine, Guepex, ZR Express, DHL)
• Payment processors (Stripe, LemonSqueezy, Chargily)
• Other business tools and services

7.2 Third-Party Terms

• Your use of integrated services is subject to their respective terms
• We are not responsible for the availability or performance of third-party services
• We may remove or modify integrations at any time with notice
• Some integrations may require separate agreements with the third party

7.3 Data Sharing

• We share data with integrated services only as necessary to provide functionality
• Data sharing is governed by our Privacy Policy and your consent
• You control which integrations to enable and what data to share
• We implement appropriate safeguards for data shared with third parties

8. Intellectual Property Rights

8.1 Our Intellectual Property

• The Service (including the Ecomenia platform, software, documentation, and all related features) is owned and operated by us.
• Our trademarks, logos, brand assets, proprietary algorithms, and methodologies are protected by intellectual property laws.
• Third-party integrations and licensed materials remain the property of their respective owners.
• Except as expressly provided, we retain all rights not explicitly granted under these Terms.
• You may not reverse engineer, decompile, or attempt to derive the source code of the Service.

8.2 Your Intellectual Property

• You retain ownership of the content you upload or create, including product catalogs, business data, customer information, and configurations.
• You retain ownership of your trademarks, logos, and brand elements.
• By using the Service, you grant us a limited, non-exclusive, royalty-free license to host, display, and process your content solely as necessary to provide the Service.
• You represent and warrant that you have the necessary rights to all content you provide.
• You agree to indemnify and defend us against claims arising from your content, including intellectual property disputes.

8.3 License Grant

• We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.
• This license does not grant you ownership of the platform, its code, or any associated intellectual property.
• Any rights not expressly granted to you remain with us.

8.4 Feedback and Suggestions

• Any feedback, ideas, or suggestions you provide regarding the Service may be used by us without obligation, attribution, or compensation.
• You assign to us all rights in such feedback and suggestions.
• Providing feedback does not create any confidential or fiduciary relationship between you and us.

9. Service Availability and Performance

9.1 Service Level

• We strive to maintain high availability and performance of the Service
• We do not guarantee uninterrupted or error-free operation
• Scheduled maintenance will be communicated in advance when possible
• We reserve the right to modify or discontinue features with notice

9.2 Technical Support

• We provide technical support for paid plans as specified in plan details
• Support is available through designated channels during business hours
• We aim to respond to support requests promptly but do not guarantee response times
• Some support services may be subject to additional fees

9.3 Service Modifications

• We may modify, update, or enhance the Service at any time
• Material changes will be communicated to users in advance
• Some modifications may affect existing functionality or integrations
• Continued use of the Service constitutes acceptance of modifications

10. Limitation of Liability

10.1 Disclaimer of Warranties

• The Service is provided "as is" and "as available" without warranties of any kind.
• We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant that the Service will meet your specific requirements or operate without interruption or error.
• We do not guarantee the accuracy, reliability, or completeness of any data, information, or content.

10.2 Service Availability

• We target 99.9% uptime, excluding scheduled maintenance and force majeure events.
• Scheduled maintenance windows will be communicated in advance whenever possible.
• Service performance may be affected by third-party providers, integrations, or other dependencies beyond our reasonable control.
• We are not liable for interruptions, delays, or failures caused by such third-party services.

10.3 Limitation of Damages

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECOMENIA SHALL NOT BE LIABLE FOR:
  • Indirect or Consequential Damages: Including lost profits, business interruption, or data loss.
  • Third-party Actions: Such as delivery delays, payment processor issues, or hosting provider failures.
  • User Content: Including disputes with customers, product liability claims, or misuse of the Service.
  • Integration Failures: Including outages or errors from third-party services.
• Our total liability, whether in contract, tort, or otherwise, shall not exceed the total amount paid by you to us in the 12 months preceding the claim.
• Some jurisdictions do not allow the exclusion or limitation of liability, so parts of this section may not apply to you.

10.4 Indemnification

• You agree to indemnify, defend, and hold us harmless from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from:
  • Your use or misuse of the Service.
  • Your violation of these Terms or applicable law.
  • Your content, products, or interactions with your customers.
• We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with us in such defense.

10.5 Force Majeure

• We shall not be liable for delays or failures due to circumstances beyond our reasonable control, including:
  • Natural disasters such as earthquakes, floods, fires, or severe weather events
  • Government actions including regulatory changes, sanctions, or legal restrictions
  • Infrastructure failures such as internet outages, power grid failures, or telecommunications disruptions
  • Global events including pandemics, epidemics, or international conflicts
  • Cyberattacks targeting critical infrastructure or third-party service providers
  • Labor disputes affecting essential services or supply chains
• During force majeure events, we will make reasonable efforts to restore service and communicate with affected users
• Our obligations will be suspended only for the duration of the force majeure event
• If a force majeure event continues for more than 30 days, either party may terminate the agreement with written noticepdateDate effectiveDate="2025-08-20" lastUpdated="2025-08-20" />

11. Termination and Suspension

11.1 Termination by You

• You may terminate your account at any time through your account settings.
• Termination will be effective at the end of your current billing period unless otherwise required by law.
• You remain responsible for all charges incurred prior to termination.
• You may export your data before termination, subject to technical limitations.
• A minimum 30-day notice may be required for certain subscription cancellations.

11.2 Termination or Suspension by Us

We may terminate or suspend your account immediately if:

• You violate these Terms of Service.
• You fail to pay applicable fees or have extended non-payment.
• You use the Service for illegal, fraudulent, or harmful purposes.
• Your account activity poses a security threat, compliance risk, or violates third-party rights.
• We decide to discontinue the Service (with prior notice where possible).

11.3 Suspension Conditions

We may suspend access temporarily for:

• Payment delinquency or billing disputes.
• Security concerns or suspicious activity.
• Legal compliance or regulatory requirements.

11.4 Data Retention and Deletion

• Grace Period: You will have at least 30 days to export your data after termination or suspension (unless legally restricted).
• Backup Retention: We may retain backups for up to 90 days for recovery or legal purposes.
• Permanent Deletion: Your account and data will be permanently deleted after the retention period, or sooner upon written request, except where extended retention is required by law.

11.5 Effect of Termination

• Upon termination, your right to access and use the Service ceases immediately.
• Certain provisions of these Terms (such as payment obligations, liability limitations, indemnification, and intellectual property rights) will survive termination.
• You may be entitled to a pro-rated refund in limited cases, subject to our refund policy.

12. Governing Law and Disputes

12.1 Governing Law

• These Terms are governed by the laws of Algeria
• Any disputes will be resolved in the courts of Algeria
• The United Nations Convention on Contracts for the International Sale of Goods does not apply
• If any provision is found unenforceable, the remainder will remain in effect

12.2 Dispute Resolution

• We encourage resolution of disputes through direct communication
• Disputes that cannot be resolved informally may be subject to binding arbitration
• Arbitration will be conducted in accordance with applicable arbitration rules
• Class actions and jury trials are waived to the maximum extent permitted by law

12.3 Legal Compliance

• You must comply with all applicable local, state, national, and international laws
• You are responsible for ensuring your use of the Service complies with applicable regulations
• We may suspend or terminate service if we believe you are violating applicable laws
• We cooperate with law enforcement and regulatory authorities as required

13. General Provisions

13.1 Terms Updates

• We may modify these Terms with 30 days advance notice through:
  • Email notifications to account holders
  • In-platform announcements displayed prominently in your dashboard
  • Website posting with clear effective date on our legal pages
• Material changes affecting pricing, core functionality, or user rights will receive enhanced notice
• Minor updates (such as clarifications, formatting, or contact information) may have shorter notice periods

13.2 Continued Use

• Continued use of the Service after the notice period constitutes acceptance of modified Terms
• If you disagree with modifications, you may terminate your account before the effective date
• Existing contractual obligations (such as payment terms) remain binding until proper termination

13.3 Entire Agreement

• These Terms constitute the entire agreement between you and us regarding the Service
• These Terms supersede all prior agreements and understandings
• Headings are for convenience only and do not affect interpretation

13.4 Assignment

• You may not assign or transfer your rights under these Terms without our consent
• We may assign our rights and obligations to any party at any time
• Any attempted assignment in violation of this section is void
• These Terms bind and benefit the parties and their permitted successors

13.5 Severability

• If any provision of these Terms is found unenforceable, it will be severed
• The remaining provisions will continue in full force and effect
• We will replace unenforceable provisions with enforceable provisions that achieve the same purpose
• This section does not apply if severability would fundamentally alter these Terms

13.6 Waiver

• Our failure to enforce any provision does not constitute a waiver
• Waivers must be in writing to be effective
• No waiver of any term will be deemed a continuing waiver
• We reserve all rights not expressly waived

14. Contact Information

These Terms of Service are binding upon acceptance and use of the Ecomenia platform. Please read them carefully and contact us with any questions before using our Service.