Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and EcoSync AI Inc. ("EcoSync AI," "Company," "we," "us," or "our") regarding your use of the EcoSync AI platform and related services.
By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.
Service Description and Availability
EcoSync AI provides an AI-powered digital ecosystem integration platform that enables businesses to connect, automate, and optimize their software tools and workflows. Our services include:
- Automated discovery and mapping of business applications
- AI-driven integration and workflow automation
- Real-time analytics and reporting dashboards
- Customer support and professional services
- API access and developer tools
We strive to maintain 99.9% uptime but do not guarantee uninterrupted service availability. Scheduled maintenance will be communicated in advance when possible.
Account Registration and Eligibility
To use our services, you must create an account and provide accurate, complete information. You represent and warrant that:
- You are at least 18 years old and have the legal capacity to enter into contracts
- You have the authority to bind your organization to these Terms
- All registration information is accurate and current
- You will maintain the security of your account credentials
- You will promptly notify us of any unauthorized account access
You are responsible for all activities that occur under your account, whether authorized by you or not.
Acceptable Use and Restrictions
You agree to use our services only for lawful purposes and in accordance with these Terms. You may not:
- Violate any applicable laws, regulations, or third-party rights
- Use our services to transmit harmful, offensive, or illegal content
- Attempt to gain unauthorized access to our systems or other users' accounts
- Reverse engineer, decompile, or attempt to extract source code
- Use our services to compete with us or develop competing products
- Overload our systems or interfere with service performance
- Share account credentials or sublicense access to third parties
- Use our services for cryptocurrency mining or similar resource-intensive activities
Subscription Plans and Billing
Our services are offered through various subscription plans with different features and usage limits. By subscribing, you agree to:
- Pay all applicable fees according to your selected plan
- Provide valid payment information and keep it current
- Accept automatic renewal unless you cancel before the renewal date
- Pay any applicable taxes, duties, or government charges
Payment Terms
Subscription fees are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly stated in these Terms or required by law. We reserve the right to change our pricing with 30 days' notice to existing customers.
Free Trials and Promotional Offers
Free trials and promotional pricing are subject to additional terms and conditions. We may require payment information even for free trials and may convert to paid subscriptions automatically.
Data Ownership and Processing
You retain ownership of all data you provide to or generate through our services ("Customer Data"). We process Customer Data solely to provide our services and as described in our Privacy Policy.
Customer Data Rights
- You grant us a limited license to process Customer Data for service provision
- You are responsible for the accuracy and legality of Customer Data
- You must have appropriate rights to share integrated third-party data
- We will not access Customer Data except as necessary for service provision or support
Data Security and Backup
We implement industry-standard security measures to protect Customer Data. However, you are responsible for maintaining your own data backups and disaster recovery procedures.
Intellectual Property Rights
EcoSync AI retains all rights, title, and interest in our platform, including software, algorithms, documentation, and related intellectual property. You are granted a limited, non-exclusive, non-transferable license to use our services during your subscription term.
Customer Feedback
Any feedback, suggestions, or ideas you provide about our services become our property and may be used without compensation or attribution.
Third-Party Integrations
Our platform integrates with third-party services that have their own terms and intellectual property rights. You are responsible for complying with third-party terms when using integrated services.
Service Level Agreement
We commit to maintaining high service availability and performance standards:
- Uptime: 99.9% monthly uptime (excluding scheduled maintenance)
- Support Response: Initial response within 24 hours for standard support
- Data Recovery: Point-in-time recovery within 30 days
- Security Incident Response: Notification within 72 hours of discovery
Service level credits may be available for significant service disruptions as outlined in your subscription agreement.
Termination and Suspension
Either party may terminate these Terms with appropriate notice:
Termination by You
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.
Termination by Us
We may suspend or terminate your access immediately if you:
- Violate these Terms or our Acceptable Use Policy
- Fail to pay fees when due (after 30-day notice)
- Engage in fraudulent or illegal activities
- Pose a security risk to our systems or other users
Effect of Termination
Upon termination, your access to our services will cease, and we will delete your Customer Data within 90 days unless legally required to retain it.
Warranties and Disclaimers
We provide our services "as is" and "as available" without warranties of any kind, except as expressly stated in these Terms.
Limited Warranty
We warrant that our services will perform substantially in accordance with our published documentation during your subscription term.
Disclaimer of Warranties
To the maximum extent permitted by law, we disclaim all other warranties, including:
- Implied warranties of merchantability and fitness for a particular purpose
- Warranties regarding third-party integrations or services
- Guarantees of specific business outcomes or results
- Warranties that our services will be error-free or uninterrupted
Limitation of Liability
To the maximum extent permitted by law, EcoSync AI's total liability for any claims arising from these Terms or your use of our services shall not exceed the amount you paid us in the 12 months preceding the claim.
Excluded Damages
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including:
- Lost profits, revenue, or business opportunities
- Data loss or corruption (beyond our backup obligations)
- Business interruption or downtime costs
- Third-party claims or damages
Exceptions
These limitations do not apply to our obligations for data security breaches, intellectual property infringement, or violations of applicable law.
Indemnification
You agree to indemnify and hold harmless EcoSync AI from any claims, damages, or expenses arising from:
- Your violation of these Terms or applicable laws
- Your Customer Data or its use in our services
- Your negligent or wrongful acts
- Third-party claims related to your use of integrated services
We will provide reasonable notice of any claims and cooperate in your defense, subject to your payment of associated costs.
Dispute Resolution
We encourage resolving disputes through direct communication. For formal disputes, the following process applies:
Governing Law
These Terms are governed by the laws of Ontario, Canada, without regard to conflict of law principles.
Arbitration
Any disputes that cannot be resolved through negotiation shall be settled through binding arbitration in Toronto, Ontario, under the rules of the Ontario Arbitration Act.
Class Action Waiver
You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.
Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including:
- Natural disasters, pandemics, or acts of God
- Government actions, laws, or regulations
- Labor strikes or disputes
- Internet or telecommunications failures
- Cyber attacks or security incidents affecting third parties
The affected party must provide prompt notice and use reasonable efforts to mitigate the impact.
Modifications to Terms
We may modify these Terms from time to time to reflect changes in our services, legal requirements, or business practices. We will provide notice of material changes through:
- Email notification to your registered address
- Prominent notice on our website and platform
- In-app notifications for significant changes
Continued use of our services after the effective date constitutes acceptance of the modified Terms. If you disagree with changes, you may terminate your subscription.
General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any applicable subscription agreements, constitute the entire agreement between you and EcoSync AI.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
Assignment
You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other rights.
Contact Information
For questions about these Terms or to report violations, please contact us:
Email: [email protected]
Mail:
EcoSync AI Inc.
Legal Department
Toronto, ON, Canada
Response Time: We will respond to legal inquiries within 5 business days.