This Terms of Service (“Agreement”) is a legally binding contract between Ecom Circles LLC (“Company,” “we,” “us”) and you (“Client,” “you”).
1. Service Description
Ecom Circles is a software platform providing automated repricing tools for marketplace sellers, inventory and warehouse management, profitability analytics, marketplace integration (Amazon, Walmart, eBay), and order management and fulfillment tracking. The service is provided “as-is” on an ongoing subscription basis. Ecom Circles also offers an account introduction and referral service that connects buyers and sellers of marketplace seller accounts with vetted third parties (see Section 9A); Ecom Circles is not a party to those transactions.
2. Account Registration
By creating an account, you agree to:
- Provide accurate, current information
- Maintain confidentiality of login credentials
- Accept responsibility for account activity
- Notify us immediately of unauthorized access
- Comply with all applicable laws and regulations
- Not impersonate others or use false identities
You must be at least 18 years old to use Ecom Circles.
3. Payment Terms
Subscription Fees
Fees are charged monthly or annually based on selected plan. Billing date is determined by subscription start date. Automatic renewal applies unless cancelled before renewal date. Invoices are provided via email.
Payment Methods
A credit card or authorized payment method is required. Payment information is stored securely through PCI-compliant processors. You authorize recurring charges for your subscription. Failed payment results in service suspension.
Refund Policy
No automatic refunds are issued for subscription fees. Refunds are reviewed case-by-case if service is not delivered as described. Cancellation is effective at end of billing period. Contact support for refund requests; refund determinations are made within 30 days.
Price Changes
We may modify pricing with 30 days’ notice. Changes apply to renewals, not active subscriptions. You may cancel before a price change takes effect.
4. Intellectual Property
Company Ownership
Ecom Circles platform, code, and designs are Company property, protected by US and international copyright law. You receive a limited license to use the platform for personal business purposes only.
Your Content
You retain ownership of your business data (listings, orders, etc.). You grant Company a license to use your data to provide services. Company may use aggregated, anonymized data for analytics and improvement.
Marketplace Content
Product listings, images, and descriptions are created by you. You are responsible for compliance with marketplace terms. Company is not responsible for marketplace disputes. You warrant you own or have rights to your content.
5. Limitation of Liability
Company is NOT liable for:
- Loss of profits or revenue
- Loss of data or business opportunity
- Indirect or consequential damages
- Third-party disputes or chargebacks
- Marketplace account suspension or bans
- Shipping failures or carrier issues
- Customer disputes or refunds
- Actions of suppliers or fulfillment partners
In no event shall Company’s total liability exceed fees paid in the 12 months preceding the claim.
6. Termination
Termination by You
You may cancel anytime. Send cancellation request through account settings or support. Cancellation is effective at end of billing period. No refund of prepaid fees.
Termination by Company
Company may terminate your account if you violate this Agreement, misuse your account for fraud or illegal activity, fail to pay fees after notice, are suspected of a security breach, or abuse Company resources. Notice of violation is provided when possible, with opportunity to remedy within 30 days.
Effect of Termination
Your access to the platform ends. You must stop using Ecom Circles. Company retains data per Privacy Policy. Outstanding fees remain due.
7. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of Florida, without regard to conflicts of law principles.
Disputes are resolved in this order: (1) Informal resolution by writing to support; (2) If unresolved in 30 days, escalation to legal@ecomcircles.com; (3) Binding arbitration for most disputes; (4) Intellectual property disputes may be resolved in court.
8. Acceptable Use Policy
You agree NOT to:
- Use platform for illegal activities or fraud
- Access others’ accounts without authorization
- Reverse engineer or copy Ecom Circles code
- Interfere with platform functionality or security
- Send spam or unsolicited messages
- Violate any marketplace’s terms of service
- Misrepresent products or engage in deceptive practices
- Infringe on intellectual property rights
- Harass or threaten other users or Company staff
Violations result in account warning, suspension, permanent termination, or legal action if necessary.
9. Marketplace Compliance
You are responsible for all marketplace compliance. You must follow Amazon, Walmart, and eBay terms independently. Company is not responsible for marketplace violations or account bans. You must maintain proper business licenses, collect and remit sales taxes if required, and disclose if doing dropshipping as required by law.
9A. Account Introduction and Referral Services
Separate from our software platform, Ecom Circles offers an introduction service that connects buyers and sellers of marketplace seller accounts with vetted third parties in our private network. The following terms apply to that service:
- We are an introducer, not a principal. Ecom Circles does not own, buy, or sell marketplace seller accounts. We introduce you to vetted third-party buyers or sellers and may receive a referral fee or commission in connection with a completed transaction.
- Transactions are between you and the third party. Any purchase, sale, transfer, payment, onboarding, or related arrangement is a direct agreement between you and the third-party buyer or seller. Ecom Circles is not a party to that transaction and is not responsible for the conduct, representations, performance, payment, or default of any third party.
- Account transfers carry risk. Marketplace operators, including Amazon and Walmart, restrict the transfer of seller accounts and may change their terms at any time. An account transfer may result in verification requests, review, suspension, or loss of the account. Because of how marketplace accounts function, some original account information may remain associated with a transferred account. We make no guarantee regarding the approval, outcome, longevity, performance, or marketplace standing of any account.
- Your due diligence and compliance. You are responsible for your own due diligence on any counterparty and for compliance with all applicable marketplace terms, laws, and tax obligations. Nothing provided in connection with this service is legal, tax, or financial advice.
- No guarantee of availability or match. Availability of accounts and buyers in our network changes over time. We do not guarantee that a suitable match exists or that any introduction results in a completed transaction.
- Limitation of liability. Our liability in connection with this service is subject to Section 5 (Limitation of Liability) and the disclaimers elsewhere in this Agreement. To the fullest extent permitted by law, Ecom Circles is not liable for any loss arising from a transaction between you and a third party introduced through this service.
10. Data and Privacy
Your business data is yours. We do not sell your personal data. See our Privacy Policy for detailed data practices. You can request data export or deletion. Company implements reasonable security measures but is not liable for third-party breaches.
11. Warranties and Disclaimers
We promise the platform will function substantially as described, we’ll maintain reasonable availability (99% uptime target, not guaranteed), and we’ll provide support via email and chat during business hours.
The platform is provided “AS-IS” without warranties of merchantability, fitness for particular purpose, uninterrupted service, error-free operation, specific profit or revenue results, or continued third-party functionality.
12. Third-Party Platform Integrations
Marketplace and Storefront Connections
To provide our services, Ecom Circles connects to your accounts on third-party platforms including Amazon (via Amazon Selling Partner API), Walmart (as an official Walmart Channel Partner), Shopify, BigCommerce, eBay, and other supported marketplaces and storefront platforms. By connecting your accounts, you authorize Ecom Circles to access your account data, retrieve product listings, pricing, inventory, and order information, and take actions on your behalf including but not limited to repricing, order placement, and inventory synchronization.
These platforms are independent third parties. Company is not responsible for their actions, policy changes, API modifications, or service interruptions. If a platform changes its APIs or terms, we will adapt when possible but cannot guarantee uninterrupted integration.
Third-Party Data Services
We may use third-party data services to enhance platform functionality, including product data enrichment, pricing intelligence, and market analytics. These services operate under their own terms and privacy policies.
Payment Processors
Payment processing is handled by PCI-compliant third-party processors. Company is not liable for payment processor issues.
13. Automated Processing
Ecom Circles performs automated operations on your connected marketplace and storefront accounts. These operations include but are not limited to:
- Automated repricing based on your configured rules and strategies
- Scheduled inventory synchronization across connected platforms
- Automated order processing and fulfillment coordination
- Background data collection and analytics processing
These automated processes run on recurring schedules and may execute without manual trigger for each action. By using Ecom Circles, you authorize these automated operations on your connected accounts. You are responsible for configuring automation rules appropriately. Company is not liable for losses resulting from automated actions taken in accordance with your configured settings, including but not limited to pricing changes, inventory adjustments, or order placement.
14. Data Storage and Retention
Multi-Tenant Infrastructure
Your data is stored in shared cloud infrastructure that is logically separated from other users’ data. We implement access controls and security measures to maintain this separation. Aggregated, anonymized data may be used to improve platform features and services as described in Section 4.
Data Retention After Cancellation
Upon account cancellation or termination, we will retain your data for 90 days to allow for reactivation or data export requests. After this period, your data will be permanently deleted from our active systems, except where retention is required by law or necessary to resolve disputes. You may request immediate data deletion by contacting support, subject to legal retention requirements.
Data Export
You may request an export of your data at any time by contacting support. We will provide your data in a standard machine-readable format within 30 days of request.
15. Indemnification
You agree to defend and indemnify Company against claims related to your use of the platform, infringement of IP rights in your content, violation of applicable laws or marketplace terms, disputes with customers or suppliers, and unauthorized access of your account.
16. Modifications to Agreement
Company may modify this Agreement at any time. Changes are posted and effective immediately. For material changes, we’ll email notice. Your continued use constitutes acceptance. You may cancel within 30 days of material changes.
17. Severability
If any provision is found unenforceable, that provision is modified to the minimum extent necessary. Remaining provisions continue in full effect. The intent of the Agreement is preserved.
18. Entire Agreement
This Agreement, together with the Privacy Policy, constitutes the entire agreement. It supersedes all prior agreements, understandings, and negotiations, whether written or oral.
19. Contact Information
For questions about these Terms of Service:
Email: legal@ecomcircles.com
Support Portal: ecomcircles.crisp.help
20. Waiver
No waiver of any provision of this Agreement constitutes a waiver of any other provision. Failure to enforce any right does not waive that right.
21. Notice of Liability Limitations
Some states or countries do not allow limitation of liability. If you reside in such a jurisdiction, the above limitations may not apply to you. In such cases, our liability shall be limited to the maximum extent permitted by law.
22. Agreement Effective Date
This Agreement is effective as of your account creation date.
By using Ecom Circles, you acknowledge that you have read, understood, and agree to be bound by this Terms of Service. If you do not agree to these terms, do not use Ecom Circles.