These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Subscriber,” “you,” or “your”) and EcomClaw (“Company,” “we,” “us,” or “our”) governing your access to and use of the EcomClaw platform, including all associated software, skills, configurations, templates, documentation, and services (collectively, the “Service”). By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
1. Description of Service
EcomClaw is a managed AI agent platform for e-commerce brands. The Company provides each Subscriber with a dedicated, isolated server instance running a pre-configured AI agent that integrates with third-party tools (including but not limited to Shopify, Meta Ads, Google Ads, and Telegram). The Service includes pre-loaded skills, proprietary configurations, workflow automations, and periodic skill updates delivered to your instance by the Company (collectively, “Platform Materials”).
2. Account Registration and Security
To access the Service, you must create an account and provide accurate, complete, and current information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether or not authorized by you. You agree to notify the Company immediately upon becoming aware of any unauthorized access to or use of your account. The Company shall not be liable for any loss or damage arising from your failure to safeguard your account credentials.
3. Subscription, Billing, and Payment
The Service is provided on a paid subscription basis. Current pricing is displayed on our website at the time of enrollment. All fees are billed on a recurring monthly cycle via Stripe, and are due in advance. By subscribing, you authorize the Company to charge your designated payment method for all applicable fees.
No Refunds. All fees are non-refundable except as expressly provided in these Terms or as required by applicable law. No refunds or credits shall be issued for partial months of service, downgrade of subscription level, or unused portions of the Service.
Price Changes. The Company reserves the right to modify its pricing at any time. Any price change shall take effect no earlier than thirty (30) days after notice to you, applied to the billing cycle following such notice period.
4. Intellectual Property and Proprietary Rights
Ownership. The Service, including without limitation all pre-loaded skills, skill updates, proprietary skill logic, workflow automations, agent configurations, templates, prompt engineering, software code, algorithms, system architecture, documentation, and all other Platform Materials, are and shall remain the exclusive property of the Company or its licensors. All rights, title, and interest in and to the Platform Materials, including all intellectual property rights therein (patents, copyrights, trade secrets, trademarks, and any other proprietary rights), are reserved by the Company.
Limited License. Subject to your compliance with these Terms and payment of all applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service and Platform Materials solely for your internal business operations in connection with your e-commerce brand, and only for the duration of your active subscription. This license does not convey any ownership interest in the Platform Materials and is strictly limited to use within the EcomClaw platform as provided.
Skills and Configurations. All skills — whether pre-loaded on your instance, delivered through periodic updates, or made accessible via the Company’s API or infrastructure — are proprietary trade secrets and copyrighted works of the Company. You expressly acknowledge that these skills represent substantial investment in research, development, and engineering by the Company, and that unauthorized access, copying, or use thereof would cause irreparable harm.
Your Content. You retain all rights to your business data, credentials, conversation logs, and any content you create or provide through the Service (“Your Content”). The Company does not claim ownership of Your Content and shall not use Your Content for any purpose other than providing and operating the Service for you.
5. Prohibited Conduct
You agree that you shall not, directly or indirectly, nor permit any third party to:
- Reverse engineer, decompile, or disassemble any portion of the Service, Platform Materials, or underlying software, including but not limited to skill logic, agent configurations, prompt templates, or system architecture;
- Copy, reproduce, extract, scrape, or download any skills, configurations, templates, prompt engineering, workflow automations, or other Platform Materials from your instance or the Service, whether manually, through automated tools, or by instructing the AI agent to output or disclose such materials;
- Redistribute, sublicense, sell, resell, lease, or transfer any portion of the Service, Platform Materials, or access thereto to any third party, whether for commercial or non-commercial purposes;
- Create derivative works based on any Platform Materials, including adapting, modifying, or building upon the Company’s skills, configurations, or templates for use outside the Service;
- Circumvent, disable, or interfere with any technical protection measures, access controls, security features, or usage restrictions implemented in the Service;
- Access or attempt to access any other Subscriber’s server, instance, data, or credentials, or any Company infrastructure not expressly made available to you;
- Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation;
- Engage in spamming, harassment, abuse, or any activity that harms or threatens harm to others, the integrity of the Service, or the Company’s reputation;
- Attempt to probe, scan, or test the vulnerability of the Service or any related system or network, or breach any security or authentication measures without express written authorization;
- Use the AI agent to extract or reveal the contents, logic, or structure of any skill, configuration file, system prompt, or other Platform Material, including through prompt injection, social engineering of the agent, or any other technique;
- Benchmark, scrape, or use the Service to build a competing product or service, or assist any third party in doing so.
6. Immediate Suspension and Termination Without Refund
Any violation of Section 4 (Intellectual Property and Proprietary Rights) or Section 5 (Prohibited Conduct) — including but not limited to any attempt to copy, extract, reverse engineer, redistribute, or otherwise misappropriate any Platform Materials — shall constitute a material breach of these Terms and shall result in the immediate and automatic suspension of your account and termination of your dedicated server instance, without prior notice.
In such event:
- Your access to the Service shall be revoked immediately and without warning;
- Your subscription shall be cancelled effective immediately;
- No refund, credit, or proration of any fees paid shall be issued, regardless of the remaining time in your billing cycle;
- Your server instance and all data thereon may be deleted without obligation to provide a copy or backup;
- The Company reserves the right to pursue all available legal remedies, including but not limited to injunctive relief, actual damages, statutory damages, and recovery of attorneys’ fees and costs.
You acknowledge that any misappropriation of Platform Materials may cause irreparable harm to the Company for which monetary damages would be an inadequate remedy, and you consent to the Company seeking injunctive or other equitable relief without the necessity of proving actual damages or posting bond.
7. Your Data and Credentials
When you connect third-party accounts (such as Shopify, Meta Ads, or other integrations), your API keys and credentials are stored exclusively on your dedicated server instance. The Company does not store your credentials on its own central systems. Our support team does not access your server, data, or credentials during normal operations. Administrative monitoring is conducted through an obfuscated panel that displays server health metrics without exposing your business data. For further details, please refer to our security page.
In rare cases, the Company’s infrastructure team may require access to your server instance for purposes of maintenance, security patching, or troubleshooting critical issues. Any such access shall be limited strictly to what is necessary and shall not involve viewing or using your business data, credentials, or conversation history.
8. Third-Party AI Providers
The Service integrates with third-party AI providers, including but not limited to Claude (Anthropic), ChatGPT (OpenAI), and Gemini (Google). If you elect to use your own AI provider subscription, your use of such third-party services is additionally governed by their respective terms of service and privacy policies. If you utilize EcomClaw Credits, the Company manages the AI provider integration on your behalf. The Company assumes no liability for the performance, availability, or output of any third-party AI provider.
9. Cancellation and Termination
Voluntary Cancellation. You may cancel your subscription at any time through your account dashboard. Upon cancellation, your Service access and server instance shall remain active until the end of your current billing period, after which your server instance shall be decommissioned. The Company is not obligated to retain your data following decommissioning.
Termination by Company. The Company reserves the right to suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice, including but not limited to circumstances where you have violated these Terms. In the event of termination for cause (including violation of Sections 4, 5, or 6), no refund shall be issued. In the event of termination without cause initiated by the Company, a pro-rata refund of prepaid fees for the unused portion of the billing period may be issued at the Company’s sole discretion.
Effect of Termination. Upon termination for any reason: (a) all licenses granted hereunder shall immediately terminate; (b) you shall immediately cease all use of the Service and Platform Materials; (c) any provisions of these Terms that by their nature should survive termination (including Sections 4, 5, 6, 10, 11, 12, and 13) shall continue in full force and effect.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY OUTPUT GENERATED BY THE AI AGENT. YOU ACKNOWLEDGE THAT AI-GENERATED OUTPUT MAY CONTAIN ERRORS OR INACCURACIES AND THAT YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING UPON ANY SUCH OUTPUT.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO THE COMPANY DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your infringement or misappropriation of any third-party rights; or (e) any actions taken by the AI agent on your behalf through your connected third-party accounts.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the competent courts of Amsterdam, the Netherlands, and you hereby consent to the personal jurisdiction and venue of such courts.
14. Modifications to These Terms
The Company reserves the right to modify these Terms at any time. Material changes shall be communicated to you via email or through a notice on the Service at least fifteen (15) days prior to taking effect. Your continued use of the Service following the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, your sole remedy is to discontinue use of the Service and cancel your subscription.
15. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
16. Entire Agreement
These Terms, together with the Company’s Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and the Company with respect to the Service and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
17. Contact
If you have questions or concerns regarding these Terms, you may contact us on Discord or by email at support@ecomclaw.co.