Terms of Service
1. Introduction
1.1. This Terms of Service (hereinafter also referred to as: “Agreement”, or “Terms”) establishes a legally binding and contractual agreement between EcomWeber (hereinafter also referred as: “we”, “us”, “our”, or “Company”) and a person, business, or enterprise (hereinafter referred to as: “you”, “your”, “yours”, “yourself”, “user”, or “client” and plurally referred to as: “them”, “their”, “themselves”, “yourselves”, “users”, or “clients”) that employs the use of our platforms, products, and services (hereinafter collectively also known as: “Service”, “Product”, “System”, or “Platform”, and plurally as: “Services”, “Products”, “Platforms”, or "Systems”) via our registered domain, www.ecomweber.com (hereinafter also referred to as: “Website”, “Domain”, or “URL”).
1.1.1. EcomWeber and your or its users may be collectively referred to as “parties” wherever applicable.
1.1.2. The terms Systems and Platforms will also include, wherever applicable, our own assets used for the efficacy of running our business, including, but in no way limited to: marketing materials, emails, social media accounts, financial accounts, etc.
1.2. We are duly owned and registered by Epxos EOOD (hereinafter also referred to as: “Parent Company”), a technology services provider, that holds offices situated at ul.“Okolovrasten pat” 251 G, 1715 g.k. Mladost 4, Sofia, Bulgaria.
1.3. We provide you with access to our Systems, which allows for the creation and customization of your own websites or online stores (hereinafter also referred to as: “site/online store”, or “your site/online store”, and plurally as: “sites/online stores”, or “your sites/online stores”), management of your digital content, construction of sales funnels, landing pages, and other marketing materials, well as connection to various eCommerce applications, hosting services, and domains.
1.4. Below are the terms and conditions of using our Systems. Please read this Agreement along with our Privacy Policy, Cookies Policy, and DMCA Policy (as they appear on our Website) carefully to understand our policies, mode of operations, and various protections afforded to us and yourselves.
1.5. By registering with us, you agree to the terms described herein and any other terms, policies, conditions, agreements, amendments, forms, contracts, and documents presented or referenced to by us.
2. Registration
2.1. To enter and gain access to our Systems, you need to register for our services by providing a name, email, and password, as well as agree to these Terms; as listed below, along with our Privacy Policy, Cookies Policy, and DMCA documents, thereby creating a personal portal within our System (hereinafter also referred to as: “account’).
2.2. When creating an individual site or online store, you will be given a unique EcomWeber URL for each of the sites or online stores you create. It is your responsibility to keep and maintain the safety of your account and password to ensure the safety of your site(s) contents. If the information given by you is untrue, wrongful, or in violation of this Agreement, we reserve the right to suspend or terminate your account.
2.3. The person, business, or enterprise along with the email used for registration of the account will be considered the owner of the account and has the right to request assistance from us regarding the account. You are solely responsible for the activities on your account as well as the maintenance and confidentiality of the credentials required to access that account.
2.4. You must immediately notify us if you know or have any reason to suspect that your account or password have been stolen, misappropriated, or otherwise compromised due to any case of actual or suspected unauthorised use of your account.
3. Provisions
3.1. We provide a comprehensive full-scale eCommerce Platform that enables you to:
3.1.1. Build sites or online stores;
3.1.2. Create sales funnels with landing pages;
3.1.3. Use pre-made site templates (hereinafter also referred to as: “themes”);
3.1.4. Employ various marketing services;
3.1.5. Execute marketing campaigns;
3.1.6. Implement numerous automations;
3.1.7. Manage customer relations and communications;
3.1.8. Issue and receive payments via cashier systems and payment service providers;
3.1.9. Host sites; and
3.1.10. Register domains.
3.2. All templates, pages, images, and designs are owned, operated, and created by us.
3.3. Any site or online store created through our Systems will initially carry with it the URL of www.shopname.EcomWeber.com.
3.3.1. You must directly request from us allocation of a unique domain name.
a) This option is not available during our free trial period. It is only available upon subscription to one of our paid plans.
3.4. All sites or online stores published through us are officially registered via outside domain registrations and hosted directly through us.
3.5. We provide experts in various fields to assist in the creation of site(s), online store(s), design, marketing, and more. Expertise includes but are not limited to:
3.5.1. Website Development;
3.5.2. Static and Motion Graphic Design;
3.5.3. Digital Marketing;
3.5.4. Content Creation;
3.5.5. Social Media Management;
3.5.6. Google Ad Management;
3.5.7. SEO Management; and
3.5.8. Customer Relations.
3.6. We reserve the right, and without notice, to change parts or all of our provided products, services, and functionalities, and/or to remove or suspend parts or all of our services and functionalities at any given time.
3.7. We reserve the right to suspend and terminate access to your Account to parts or all of our Products or Services and change the eligible criteria of using said Products and Services.
4. Pricing Plans
4.1. We offer our Services through three [3] plans billed on monthly or yearly basis:
4.1.1. Newbie;
4.1.2. Standard; and
4.1.3. Enterprise.
4.2. We provide a fourteen [14] day free trial on all pricing plans.
4.2.1. During this 14-day period, you can create sites, online stores, sales funnels, and use our Products and Services to their fullest extent according to your pricing package and this Agreement.
4.2.2. Upon completion of those 14 days, any site(s) created will deactivate until you subscribe for one of our paid plans.
4.2.3. Trial periods are offered to allow you to test our Systems and create a site of your liking before committing a paid subscription.
4.2.4. We reserve the right to terminate or cancel trial subscriptions at any time and for any reasons.
4.2.5. We reserve the right to delete the content of any trial or expired site without notice.
4.2.6. We are not in any way to be held liable for any deleted content from a site built on our Systems.
4.3. All plans are issued in USD and are exclusive of all taxes.
4.3.1. You are responsible for the payment of any applicable local or international taxes.
4.3.2. We are not liable for any taxes or fees related to any commercial products you offer or promote.
4.4. The payment for applicable plans is required in advance of your subscription period and/or renewals.
4.4.1. Failure to provide payment may result in your account being blocked and site(s) being deactivated.
4.4.2. For more information on our renewal policies please refer to Article 5. Additional Payment Information of this Agreement.
4.5. When purchasing one of our subscription plans, you agree that we, along with any outside resources we employ to conduct our business, are entitled to use and store your payment credentials.
4.5.1. You authorize us to charge you for any Services that you may purchase and any applicable taxes in relation to payment providers used to issue said payments.
5. Experts
5.1. As part of our Services, we also provide experts in various fields to assist you in the creation of site(s), online store(s), design, marketing, and more.
5.2. Expertise includes but in no way are limited to:
5.2.1. Website Development;
5.2.2. Static and Motion Graphic Design;
5.2.3. Digital Marketing;
5.2.4. Content Creation;
5.2.5. Social Media Management;
5.2.6. Google Ad Management,
5.2.7. SEO Management; and
5.2.8. Customer Relations.
5.3. Hiring of experts is an additional payable service that is separate from our primary pricing plans, which are based on a “Do It Yourself” model.
5.3.1. For more information on the hiring of experts please reach out to us at support [@] EcomWeber [dot] com.
5.3.2. Payment requirements as established under Article 4. Pricing Plans and Article 6. Additional Payment Information, are also applicable in the instance of the hiring of experts.
5.4. When hiring experts, you grant us full access to your account, site(s), online store(s), and any and all materials, assets, or accounts that may be required in order to assist you in the projects you have requested help on.
5.4.1. External assets include, but in no way are limited to:
a) Domains;
b) Chat and communications with consumers;
c) Social media accounts;
d) Email accounts;
e) Logos, graphics, and content;
f) Product images and descriptions;
g) Pixels and advertising accounts; and
h) API integrations and documentations.
5.5. We attest to our expert’s productivity, conduct, and security when handling your materials and assets, if hired.
5.6. We reserve the right to suspend and cancel expert assistance on any and all matters or projects if you are found to have violated any part of this Agreement.
6. Additional Payment Information
6.1. At the end of a contract term, services will be automatically renewed for the same period of time, unless you explicitly cancel them.
6.1.1. For more information on our cancellation policies please refer to Article 6. Cancellations and Terminations of this Agreement.
6.2. You can upgrade or downgrade your plan at any time.
6.2.1. When upgrading, you will be charged the difference between the two subscription plans for the extra services.
6.2.2. Downgrade refunds are applicable only for yearly subscriptions, up to 14 days after the subscription is made.
a) There are no refunds for monthly downgrades.
b) A calculated amount will be refunded to you according to the difference in price between the two subscription services.
c) Downgrading may cause losses in information and services due to differences between plans.
6.3. Added Applications and Integrations – we supply you with the ability to connect various outside applications, programs, services, and systems through our integration options.
6.3.1. Said outside applications or programs may require paid subscriptions to their own plans to use their services.
6.3.2. We do not control these outside applications or programs, nor do we control their pricing or subscription requirements.
6.3.3. Any issues regarding billing or services rendered from said applications or programs should be brought to that application or program directly.
6.4. If the payment method used to fund your account expires or changes, you are obligated to notify us as soon as possible and provide us with new active payment credentials.
6.4.1. Failure to do so will result in the continued billing of your account and you will remain responsible for any uncollected debts.
6.4.2. Consistent failure to issue payment may result in your account and site(s) suspensions.
6.5. You will reimburse us for all collection costs and interest for any overdue amounts.
6.6. Any and all refunds will be transferred to the card or payment method originally used to pay the initial subscription cost.
6.6.1. Limited exceptions to this solely include cases where, for any reasons out of our own control, we are unable to issue refunds to the original payment method. In such instances, we will contact you to request alternative payment options.
6.7. Refund amounts may be subject to transfer taxes that will be applicable solely on the user.
6.8. You are responsible for the fair usage of your site(s) and may be charged for abnormal server or traffic usage.
6.9. Chargebacks – If you contact your bank, credit card company, or payment provider to decline, recall, contest, chargeback, or otherwise reverse any payable fees to us, we may automatically, and without notice, terminate your account and suspend any and all site(s) created through our Systems.
6.9.1. We reserve the right to dispute any chargebacks, reversals, recalls, or disputes in payment to the best of our abilities by employing any proofs we retain and hold about your account, in accordance with any and all applicable laws and regulations.
7. Cancellation and Termination
7.1. You may cancel any purchased subscription plan at any time and for any reason by following these cancellation procedures:
7.1.1. Cancellation must be made via our System or by directly contacting us through our contact and support channels;
7.1.2. Cancellation requests must be made at least 72 hours prior to the end of the contract term; and
7.1.3. You may also opt out of the automatic renewal pricing.
a) Doing so will suspend all access to our Systems once the contract period ends, and until payment is reestablished.
7.2. Failure to comply with any of our terms as stipulated throughout this Agreement or other documents issued by us or pay fees due to you entitle, us to terminate or suspend your account, access to our Products and Services, and site(s).
7.2.1. Violations of this Agreement’s terms may result in penalties or immediate termination of services, without payment refund in any way.
7.3. We reserve the right to change, suspend, discontinue, terminate, restrict, or disable your use of or access to, parts or all of our Products and Services or their functionality at any time at our sole discretion and without notice.
7.4. Upon termination, we reserve the right to delete all files, data, or information associated with the terminated account.
7.5. We are not to be held responsible, in any way, for any damages and losses due to termination of your account.
8. Content Responsibilities
8.1. You are solely responsible for any and all content located on your sites or online stores, such as, but in no way limited to: images, videos, audio files, design elements, logos, fonts, and texts.
8.2. We are not responsible for any of your content. We are also not responsible for any content that has been lost, damaged, or altered resulting from the direct or indirect use of our Systems. It is your obligation to keep safe and back-up regularly your content.
8.3. You own all intellectual property associated with your account such as images, videos, audio files, design elements, logos, fonts, texts and any other materials and files created by you and existing on your sites.
8.4. We do not monitor what content has been used in a site and are not to be held responsible for anyone breaking copyright or infringement policies of other content or property owners. As such, you must ensure that you hold the appropriate rights or have obtained proper licensing to use any outside content on your sites.
8.4.1. Further information on copyright and intellectual property right policies can be found on our DMCA Policy document.
8.5. We reserve the right to delete harmful content or even terminate accounts if they are found to violate our content policies.
8.6. You hereby grant us non-exclusive, royalty-free, unalterable, and interchangeable rights to your sites’ contents in order for us to provide you with our Services.
8.7. By registering with us, you grant us perpetual, worldwide, royalty-free, non-exclusive rights and licenses to use any version of your sites, or any portion of your sites, including, but not limited to: any names, trademarks, service marks, or logos, for the purpose of our marketing and promotional activities.
8.7.1. For instance, we reserve the right to showcase your sites on our Templates page, within the Testimonial parts of our Website, on our social media accounts, or on any marketing or media related platform.
8.7.2. You waive all claims against us pertaining to any moral rights, artists' rights, or other similar rights that you may have in relation to your sites, names, trademarks, service marks, or logos, as well as any right to review or approve such use.
8.7.3. If you wish to opt out from this, please reach out to us by emailing us at support [@] EcomWeber [dot] com.
8.7.4. This section has no effect on your rights under relevant data protection legislation.
8.8. Sites or online stores created through our Systems may at times include user-generated material that violates the approved usage of our Platform (as stipulated in Article 8. Obligations of this Agreement).
8.8.1. We do not encourage or promote such material.
8.8.2. We are not publishers of nor responsible for any user content submitted, posted, published, or otherwise made accessible through our Services by you or other users.
8.8.3. You are responsible for protecting yourself and your computer or network from user content accessed via or resulting from our Services.
8.8.4. Any discovered or reported instances of such material will be deleted as a violation of our content policies and permitted use of our Services.
9. General Obligations
9.1. By registering for an account with us, you hereby certify and warrant that:
9.1.1. You are at least 18 years of age.
a) People under the age of 18 are not permitted to use our services.
9.1.2. You will keep your account login information safe.
9.1.3. You will provide us with up to date, accurate, and valid personal and payment information at all times.
9.1.4. You own the rights to any content uploaded by you on your site(s), online store(s), or marketing materials, including, but in no way limited to: images, videos, audio files, design elements, logos, fonts, texts, and anything that you have the rights to use.
9.1.5. The content materials that you employ cannot and will not be used in in an unlawful or harmful way.
9.1.6. You will notify us immediately if you become aware of any unauthorised use of your account.
9.1.7. Your content must not be illegal, unlawful, threatening, abusive, harassing, tortuous, vulgar, or obscene in any way, and must not infringe on any person's or entity’s legal rights.
a) Failure to comply affords us the right to contact any local or international legal authorities suited to handle the matter.
9.1.8. You will not send unsolicited messages (SPAM) or any unethical marketing or advertising of such sort that is considered as “spam” or harmful in any way, such as, but not limited to: “junk mail,” “spam,” “chain letters,” “pyramid schemes,” etc.
a) You ensure that any and all subscribers that you add manually or imported have provided their consent to receive marketing messages from you.
b) We will not be held responsible for your direct or indirect misuse of our marketing services, according to the definitions herein.
9.1.9. You will not upload viruses, worms, Trojan horses, or any other malicious code, files, or programs that may interrupt, destroy, or limit the functions and productivity of our Systems, Products, and Services, nor that of any visitors to your sites.
9.1.10. You will not upload content that contains scam or unlawful practices.
a) You will not use our Systems to create any scam websites and promotions with misleading content that can harm or scam visitors.
9.1.11. You will not try to hack, break, override the functions or stability, or try to exploit our Systems in any way.
9.1.12. You will not use our Systems for distributing, storing, or in any way promoting pornographic or adult content and services.
a) Failure to comply affords us the right to contact any local or international legal authorities suited to handle the matter.
9.1.13. Your use of our Services is not contrary to any local or international laws you may be subject to, including, but without limitation to: applicable export or import controls, regulations, and sanctions.
9.1.14. You will not abuse any of our Service limitations based on your pricing plan, such as but not limited to: Website Creations, Page or Funnel amounts, Email Marketing, or Automations Services.
a) For example, you will not delete and re-import subscribers into your sending account in attempt to circumvent a plan’s limit on how many subscribers you can reach out to.
9.1.15. You will not in any way try to harm our and/or our clients, partners, or service providers reputation by leaving harmful comments, untrue and misleading information about our Products, or any sort of intentional damage found to be damaging to the reputation.
9.2. You acknowledge and agree that if you are reasonably found guilty of violating of any of these obligations, this may cause immediate termination of your account with no refund for the services that have already been paid for. You may also be banned from creating new or additional accounts within our System.
10. Third Parties
10.1. Our Systems are integrated with various outside providers (hereinafter also referred to as: “Third Party”, “Third Party Services”, or “Third Party Providers”) that aid us in supplying our Products and Services to you.
10.1.1. Example for such services include, but in no way are limited to: the Payment Processor used to collect payments through your sites.
10.2. Said Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies.
10.3. We do not control any such Third Party Services and shall not be held liable for any transaction you may enter into with them or for what they do.
10.4. Your security when using Third Party Services is your responsibility.
10.5. We reserve the right to, at any time, in our sole discretion, and without notice disable access to or remove any Third Party Services.
10.5.1. We will not be liable to you or anyone else for any such suspension, disabling, or removal, including without limitation: for any loss of profits, revenue, monetary, data, goodwill, or other intangible losses you may experience as a result or usage of said Third Party Services (except wherever prohibited by applicable law).
11. Warranty and Disclaimer
11.1. We, EcomWeber, shall make reasonable efforts commensurate with industry standards to maintain our Products and Services in a way that minimizes errors and service disruptions and shall conduct the implementation of our Products and Services in a professional manner.
11.2. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, directly by us or by Third Party Providers, or due to other causes beyond our reasonable control.
11.2.1. We will take all reasonable actions to provide advance written or electronic notice of any scheduled service interruptions.
11.3. WE DO NOT WARRANT THAT OUR PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THAT ANY RESULTS, INCLUDING, BUT NOT LIMITED TO: PROFITS, SALES, INCREASED ENGAGEMENT, GROWTH, SUCCESSFUL MARKETING CAMPAIGNS, CONVERSIONS, LEAD GENERATION, ETC.; WILL BE OBTAINED FROM USING OUR PRODUCTS AND SERVICES. ALL OUR PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. Indemnity
12.1. To the fullest extent permitted by law, you agree to indemnify and hold us, our Parent Company, any and all affiliates or partners, Third Party Providers, and our or their directors, officers, employees, and agents harmless from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including, but without limitation: reasonable attorneys' fees and costs) arising out of or related to:
12.1.1. your breach of this Agreement;
12.1.2. your Content;
12.1.3. your Site(s) or Online Store(s)
12.1.4. your eCommerce;
12.1.5. any claims by, on behalf of, or against your End Users or Consumers;
12.1.6. your violation of any law or regulation or the rights or good name of any outside or Third Party; and
12.1.7. any claims from tax authorities in any country in relation to your e-commerce operations, including, but without limitation: your sales to individual consumers (including distance sales) and other operations for which we may be held jointly and severally liable.
12.2. Your indemnification obligations under this Article shall not apply to the extent directly caused by our breach of this Agreement or, to the extent that the consequences were not reasonably foreseeable.
13. Limitation Of Liability
13.1. You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will we, our Parent Company, any and all affiliates or partners, Third Party Providers, and our or their directors, officers, employees, and agents be held liable with respect to any claims arising out of or related to our Services or this Agreement, including, but in no way limited to:
13.1.1. any indirect, special, incidental, exemplary, punitive, or consequential damages;
13.1.2. any loss of profits, revenue, data, goodwill or other monetary or intangible losses;
13.1.3. any damages related to your access to, use of, or inability to access or use parts, some, or all of your account, Site(s), Online Shop(s), or parts or all of the Products and Services, including without limitation interruption of use or cessation or modification of any aspect of our Products and Services;
13.1.4. any damages related to unavailability, degradation, loss, corruption, theft, unauthorised access or, unauthorised alteration of, any content, information or data, including, without limitation: your content and your e-commerce data;
13.1.5. any content or other conduct or content of any user or foreign party using our Products and Services, including, without limitation: defamatory, offensive or unlawful conduct or content; or
13.1.6. any Third Party Services accessed via our Systems.
13.2. You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration of our Services to you, and such limitations will apply even if we have been advised of the possibility of such liabilities.
14. Modifications
14.1. We reserve the right to make modifications and changes to our existing Services or Products and will use reasonable efforts to notify all our users about those changes.
14.1.1. Any and all changes are effective upon the date of the change.
14.1.2. We shall not be liable for modifications and actions of Third Party Services.
14.2. We reserve the right to make modifications and changes to this Agreement and any other contract, legal document, or form we require in order to conduct our business, including, but not limited to: amendments or additions to this Agreement, supplementary documents, forms, or legal notices, addition of service or transaction fees, etc.
14.2.1. You will be notified prior to changes pertaining to this Agreement or any potential fees being applied to your account.
14.2.2. If you refuse or fail to pay such fees, we reserve the right to cancel any plans you are subscribed to.
15. Miscellaneous
15.1. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement will otherwise remain effective and enforceable.
15.2. This Agreement is not assignable, transferable, or sublicensable except with our prior written consent. However, we may transfer and assign any of our rights and obligations under this Agreement without consent.
15.3. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels any written or oral agreements, communications, and other understandings relating to the subjects of this Agreement.
15.3.1. Any and all waivers or modifications must be established in writing and signed by both parties entering into said agreement and submitted to us as proof and for our records.
15.4. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind us to them in any respect whatsoever.
15.5. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorney’s fees.
15.6. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognised overnight delivery service; and upon receipt, if sent by certified or registered mail, or return receipt is requested.
15.7. This Agreement shall be governed by Bulgarian law without regard to its conflict of laws provisions.