Terms and conditions

1. Eligibility

You should be 18 years or older, or have at least reached the age of majority as stated by the jurisdiction of your residence or the one from which you use the platform, to be eligible to use ecomz.

2. Your account

Account creation

1. To access and use the platform, you must register for an ecomz account (“account”) by providing your full legal name, current address, phone number, email address, valid credit card details, and any other information indicated as required. You will provide true, accurate, current and complete information about you as requested in the registration form, and you will update the information to keep it current.
2. You are responsible for keeping your password secure. We cannot and will not be liable for any loss or damage caused by your failure to maintain the security of your account and password. You are responsible for all activity and content such as data, graphics, photos and links uploaded under your account.
3. We may reject your application for an account or cancel an existing account, for any reason, in our sole discretion.

In short, you must keep your account information true and updated. You are responsible for securing your password and account.

Account ownership

1. The person signing up for the platform will be the contracting party (“account owner”) for the purposes of the terms, and will be the person who is authorized to use any correspondent account we may provide to the account owner, in connection with the platform.
2. If you are signing up on the platform on behalf of your employer, the latter shall be the account owner. You also represent and warrant that you have the authority to bind your employer to the terms.
3. For security reasons, only the account owner or the point of contact designated by the account owner will be allowed to make changes, cancellations, or designate a new point of contact.
4. Upon purchasing a domain name through us, domain registration will be preset to automatically renew each year so long as your account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function, should you choose to do so.

Disputes on ownership

1. If multiple persons are claiming ownership or rights of an account, and, in our sole judgment, there is uncertainty in terms of the ownership or rights of the account, then we may- but do not have the obligation to- to the extent of our knowledge and ability, notify such persons of the dispute. We will demand that such persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are, and in a manner which relieves us of all liability and obligations concerning the dispute.
2. If we are unable to reasonably determine the rightful owner, we reserve the right to temporarily suspend the  account, until resolution has been determined between the disputing parties. The person(s) conclusively and finally determined by court order, binding arbitration or settlement agreement to be the rightful owner(s) or interest holder(s) of such will be obligated to pay all amounts due and comply with then current ecomz policy regarding transfers of accounts, if required, to transfer ownership to the rightful owner. Failure of the rightful owner to timely pay in full all of such amounts will be deemed a breach of these terms, and will subject the account to immediate termination.
3. We reserve the right to request documentation to determine or confirm account ownership. documentation may include - but is not limited to - a scanned copy of your business license, government issued photo ID, etc.

Subscription

Activation period

1. You can try the platform for free without activation during the first 14 calendar days of your registration; afterwards, you will have to enter a valid credit card to keep your store active – otherwise, your account will be suspended.
2. You can reactivate your suspended account, by entering a valid credit card; however, if 30 calendar days pass and you still haven’t entered a credit card, your store will be deleted permanently.

Store plans

1. Once you finish your 14-day free trial post registration, you must subscribe to a plan and enter a valid credit card. If you subscribed to a plan  and your credit card becomes invalid or you have not paid the subscription fee  within 14 calendar days after the payment’s  due date, you will be subject to a late payment charge of 1.5% interest per month, or the maximum legal rate allowed by law, whichever is less. 
2. If we do not receive the payment within 30 calendar days after the due date, we will automatically suspend and revoke your access to your account. 
3. We may or may not contact you directly to notify you about your unpaid subscription fee.

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3. Discounts

1. Discounts are applicable on annual or biennial prepayment.
2. We reserve the right to modify the discount plans, and such changes or modifications will be posted on the website.
3. If you purchase an annual or biennial plan with a discount, you are charged a prepayment for the discounted plan in addition to any transaction fees, card verification fees, and applicable taxes. Should ecomz upgrade the price of the discounted plan on the website after your purchase, you will not be additionally charged or refunded to match the new price displayed on the website. If you choose to renew your annual or biennial plan, you will  be charged with the price displayed on the website. 
4. Your subscription billing cycle is annual in case you purchased an annual plan and biennial in case you purchased a biannual plan. Any additional services, features, or support that are not part of the plan will be charged separately as listed in the terms and conditions.
5. Discount downgrades and upgrades.
   

For more details, check section 11 of the present terms and conditions.

4. Suspension

1. If your account is suspended for any reason, you will have 30 calendar days starting from the day of suspension to reactivate your account. You may contact us about your suspended account through sending an email to support@ecomz.com. We do not guarantee that your account will be reactivated.
2. All suspended accounts will be automatically deactivated and their store content will be permanently deleted if they were not reactivated within the 30-calendar day period.
3. Without limiting any other remedies we may suspend your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the platform.
4. Payments due under these terms will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for such payments during any such period of suspension.
5. We may or may not contact you directly to notify you about your suspended account.

5. Payment providers

1. The platform allows you to send and receive payments in multiple currencies, through multiple payment providers. We engage third party payment providers to perform many of the services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis, and regulatory compliance.
2. Your use of the third party payment providers is governed by their respective terms and conditions. Ecomz shall have no liability for the third party payment providers’ failure or delay in performing its obligations. You are responsible for any fees, costs, liabilities or other charges that they may levy.
3. Ecomz may share your personal or transactional information with the third party payment providers when necessary to process payments. Such use of your personal information is governed by their respective privacy policies, which may or may not contain privacy protections as protective as the ecomz’ privacy policy.
4. Depending on your location and the service availability, we may create an ecomz payment account on your behalf. ecomz payments are integrated with all ecomz  plans and allow you to set up and complete credit cards payments within the ecomz platform without having to subscribe to a third party payment provider.
5. Depending on your location and the service availability, we may also create your account(s) for other payment providers. It is your sole responsibility to activate and maintain all of your payment provider account(s). If you do not wish to keep any of the accounts, it is your responsibility to deactivate them.
6. Ecomz reserves the right to change, replace, or terminate the services of any payment provider available on the platform.

6. Your content providers

1. Some of the features of the platform may allow you to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, feedback or advice ("feedback"), or (b) literary, artistic or other content, including but not limited to photos and videos ("submissions") (collectively "your content"). by providing your content to us via any method (e.g. site submission, email, survey responses, etc.), you represent and warrant to us that (i) you have all necessary rights to distribute your content via the platform, either because you are the author of your content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses and/or permissions to use, in writing, from the copyright or other owner of the content, and (ii) you do not violate the rights of any third party.
2. We will have the right to use and disclose your content posted in the platform or submitted directly to us for any lawful purpose. By submitting your content, you hereby grant us an irrevocable, perpetual, transferable, non-exclusive, fully-paid-up, royalty-free, worldwide license (sub licensable through multiple tiers) to: (a) use, copy, distribute, reproduce, modify, create derivative works of, adapt, publish, translate, publicly perform, and publicly display your content (or any modification thereto), in whole or in part, in any format, medium or application now known or later developed, and (b) use (and permit others to use) your content in any manner and for any purpose (including, but not limited to, commercial purposes) that we deem appropriate in its sole discretion (including, but not limited to, to incorporating your content (or any modification thereto), in whole or in part, into any technology, product or service.
3. In no event will you or anyone else be entitled to any compensation or acknowledgement for our use of any of your content. Your provision of your content is entirely voluntary and will not create any confidentiality obligation for us.
4. The provisions in this section are not intended to and do not have the effect of transferring any ownership (including intellectual property rights).

7. Store content

1. You retain ownership over all store content that you upload to an ecomz store; however, by making your store public, you agree to allow others to view your store content. You are responsible for compliance of store content with any applicable laws or regulations.
2. By uploading store content, you agree: (a) to allow other internet users to view your store content; (b) to allow us to display and store your store content; and (c) that we can, at any time, review all the store content submitted by you to the platform.
3. We do not pre-screen store content and it is in our sole discretion to refuse or remove any store content that is available via the platform.
4. We may but have no obligation to, remove store content and accounts containing content that we determine, in our sole discretion, as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violating any party’s intellectual property or these terms.
5. You hereby grant us a non-exclusive right and license to use your name and such of your trade names, trademarks, and service marks (collectively, "your marks") as provided to us in connection with these terms (a) on ecomz' own websites, (b) in printed and online advertising, publicity, directories, newsletters, and updates describing the platform and (c) in applications reasonably necessary and ancillary to the foregoing.

8. Backup storage

For our own operational efficiencies and purposes, we form regular backup data on our servers, but we are under no obligation or duty to you to do so under these terms. It is solely your duty and responsibility to separately backup your files and data that may reside on ecomz servers. Under no circumstances will ecomz be liable to anyone for damages of any kind, under any legal theory, for loss of your files and/or data on any ecomz server.

9. Maintenance and updates

1. From time to time and without notice, we may update the platform for many reasons, including but not limited to, (a) maintaining pci compliance; (b) fixing bugs or problems in previous versions; and/or (c) enhancing functionality or features. we make no warranty that such updates will not affect your use of the platform, or introduce new but unknown bugs into the platform. Furthermore, we shall not be responsible for the effect an update has on any code that is not provided by us, and any modifications to such code to restore functionality shall be your sole responsibility and  at your own expense.
2. We will only provide technical support for the most recent update or version of the platform. from time to time, we may provide support for an older version, however we reserve the right to suspend or terminate such support at any time, with or without notice.

10. Theme store

1. You may establish the layout of your ecomz store with a design template (“theme”) from our theme store. If you download a theme, you are licensed to use it for a single store only. A theme is not transferable. You are not permitted to transfer or sell a theme to any other person’s store in ecomz or elsewhere.
2. If you desire to use a theme for more than one ecomz store owned or operated by you, a new theme license must be purchased for each such store using the theme. Multiple stores require multiple downloads and each download is subjected to the applicable fee. We give no assurance that a particular theme will remain available for additional downloads.
3. Except as otherwise expressly provided at checkout when licensing a theme, refunds will not be issued to you for themes once they are installed on your store. All themes are licensed under non-exclusive license terms and we can reproduce and re-distribute an unlimited number of times.
4. You may modify the theme to suit your store. We may add or modify the footer that refers to ecomz at our discretion. We may modify the theme where it contains, in our sole discretion, an element that may be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any person’s intellectual property, even if you received the theme in that condition. We may modify the theme to reflect technical changes and updates as required.
5. The intellectual property rights of the theme remains the property of the designer. If you exceed the rights granted by your purchase of a theme, the designer may take legal action against you, and we may take administrative action such as modifying and/or terminating your store.
6. Technical support for a theme is the sole responsibility of the designer, and we accept no responsibility to provide such support. If you license a theme for your website, we may provide your personal information to our design partner to facilitate the design partner's provision and offer of support, services or products to you. We may also be able to help you contact the designer.
7. If you customize a theme, neither we nor our design partners are obligated to support that customized theme. It is your responsibility, and not ours, to ensure that the installation of a new theme does not overwrite or damage the current or pre-existing theme or user interface.
   

11. Pricing and fees

Payment and billing

1. In consideration of the plans provided, you will pay us the prices and fees due according to the terms listed on the website. We reserve the right to modify the prices and fees at any time, and such changes or modifications will be posted on this website and effective immediately upon the next renewal, billing period, upgrade or downgrade of the platform with and/or without notice to you.
2. A valid credit card is required for accounts to process payments. we will automatically charge your credit card on file based on your billing cycle until you validly terminate your subscription.
3. If you update or change your credit card information, we will authorize a charge of $1 to your credit card every time you update or change the information.
4. If you freeze your account, you will be charged a fee every month during which your account is frozen.

Upgrades

If you upgrade your subscription or if your subscription is automatically upgraded, the billing date of the next renewal period will remain the same; however, you will be billed immediately for the pro-rata portion of the upgraded platform prices for the remainder of the current billing period. For example, if you are billed on january 9th for your subscription from january 9th to february 8th, and your subscription is upgraded effective on january 30th, then you will be charged immediately for the pro-rata usage of the upgraded plan from january 30th to february 8th. On february 9th, you will be charged for the full monthly fee amount of the upgraded plan.

Downgrades

1. We do not offer subscription downgrade refunds.
2. If you downgrade any features or add-ons, the downgrade will take effect on the commencement of the next renewal period. In other words, we do not provide credits or refunds on downgrades that are effective during the applicable billing period. For example, if you are billed on january 9th for your subscription from january 9th to february 8th and you downgrade your subscription effective on january 30th, then the downgrade will take effect on the next billing date, i.e. february 9th.
   

Fees

1. In consideration of the platform provided, ecomz charges fees for processing each sale you make through your online store. We reserve the right to modify the fees at any time, and such changes or modifications will be posted on this website and effective immediately upon the next renewal, billing period, upgrade or downgrade of the plan with and/or without notice to you. We also reserve the right to modify the fees applicable to any account holder at any time at our own discretion.
2. The amount and percentage of the fees are dependent on your subscribed plan. The following are the two kinds of fees that are both charged for every sale.
3. Transaction fee is a percentage assessed based on the total amount of the sale, excluding taxes.
4. For example, if your subscribed plan applies a 5% transaction fee and you made a sale with a $100 item; you will be charged the transaction fee of $5 for that sale.
5. Order fee is a fixed fee that is independent of the amount of the sale.
6. For example, if your subscribed  plan  applies a $3 order fee and you made a sale with a $100 item, you will be charged the order fee of $3 for that sale.
7. All fees become due the moment the sale is made with a customer and an order is created (except for draft and refund orders) and is payable on your next billing cycle.
   

Fee avoidance

Any action to avoid paying a fee is considered fee avoidance and is strictly prohibited by ecomz and may result in account suspension or termination. Examples of fee avoidance include:

1. Posting an announcement that encourages buyers to purchase the same items listed on ecomz from another online selling venue.
2. Using an empty shop or profile to direct shoppers to another online selling venue.
3. Editing an item’s information to change it to an entirely different item.
4. Altering an item's price after a sale.
5. Misrepresenting the item’s price or location.
6. Contacting another member and directing them to buy or sell an item listed on ecomz outside of the platform.
7. Completing a transaction off-ecomz once it has been initiated on the site.
8. Charging excessive shipping fees to set off a reduced item price.

No refunds

1. All payments are non-refundable.
2. Ecomz does not provide refunds or credits for any partial days, months or years, and does not provide refunds to account owners who do not use or log in to their accounts.
3. Ecomz will not issue any refund of the fees in case your customer returns, cancels or does not pay for the sold item, or in case a refund or chargeback is issued to your customer. You will deal with and be responsible for any and all order cancellations, returns or non-payments directly with the relevant customer.
4. You acknowledge that customer returns, cancelled orders and fraudulent transactions are inherent risks in the business of selling online, and that issuing refunds for these risks will compromise the platform and your online store. Thus, you agree to apply in-store policies to avoid encountering these risks and verify certain transaction details prior to shipping your product to customers.
   

Disputes and inquiries

1. When your billing cycle ends, we will send you an invoice to the email provided. You will have approximately two weeks to bring up and settle any issues with the billing.
2. You have the obligation to review all charges for accuracy. You have 14 calendar days from the date of billing to contact us to dispute the charge. Failure to do so within the specified time frame will constitute your agreement that all charges are valid, and you thereby waive any claims it may have had regarding such charge.

Late payments

1. If your credit card is not valid and/or you have not paid within 14 calendar days after the payment’s  due date, you will be subjected to a late payment charge of 1.5% per month, or the maximum legal rate allowed by law, whichever is less.
2. If we do not receive the payment within 30 calendar days after the due date, we will automatically revoke your access to the account.
3. You authorize ecomz to keep your payment card information on file and to charge the card on file for due or previous outstanding charges and at any time the balance of fees reaches the designated fee threshold for your account. Upon enrollment, ecomz will charge the card on file with your current balance.
4. When your card is debited, ecomz will send you an email with the amount charged. You can also review this information by accessing your account on the ecomz site.
5. We may or may not contact you directly to notify you about your unpaid account charges.
6. In the event you default in making payment and recovery action is undertaken, you will be responsible for all expenses in relation to the collection of the outstanding amount including, but not limited to, all charges and fees, legal costs on an indemnity basis, and disbursements.

 Taxes

1. All fees and prices are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“taxes”).
2. If you are a resident of Lebanon, you are responsible for all applicable taxes that result from your subscription or purchase of ecomz’ products and services. These taxes are based on the rates applicable to the Lebanese billing address you provide to us. Such amounts are in addition to fees for such products and services, including without limitation, your subscription to or purchase of ecomz’ online platform, POS platform, POS equipment, apps, themes and domains (“taxable offerings”) and will be calculated at the time of purchase of the applicable taxable offerings and billed to the credit card you use to pay for the products and services. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
3. If you are not a resident of lebanon and not subject to Lebanese taxes with respect to your subscription to or purchase of ecomz’ products and services, you must provide us with a statement by email to accounting@ecomz.com stating that: (i) you are not a resident of lebanon ; (ii) you are not vat registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in lebanon when ecomz’ products and services were made available to you. The statement should also include your complete home and/or business location address. (iii)your location of usage of our platform is outside Lebanon and that you do not intend to sell your products through our platform to the Lebanese market . If you do not provide such information, you will be charged for taxes applicable to your subscription to or purchase of ecomz’ products and services, which will be billed to your credit card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Lebanon, you must advise us immediately by email to accounting@ecomz.com.

12. Cancellation

You must notify us of your intent to cancel your subscription at least 5 calendar days before the subscription renewal date. If notice is not received before such date, your subscription will automatically renew for the subsequent renewal period.

1. Upon cancellation of your subscription by either party for any reason:

• We will cease providing you with the platform and you will no longer be able to access your account;
• Any outstanding balance owed to us for your use of the platform through the effective date of such termination will immediately become due and payable in full; and
• Your online store(s) will be taken offline.

2. If you purchased a domain name through us, upon cancellation, your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
3. To initiate a cancellation, email support@ecomz.com. We will send you an official confirmation if and when your subscription has been cancelled.

13. Technical support

1. Ecomz will provide you with technical support in accordance with the support inclusions of the  plan that you subscribed at the time you availed such a plan  and as posted on our website. Support inclusions for a particular  plan are limited and subject to change at any time without notice.
2. To determine the support inclusions of your subscribed  plan, please check the welcome email that we sent to you as confirmation of your subscription to the plan.  
3. The availability of technical support starts on the date you subscribed to the  plan, and automatically renews with the subscription. Additional technical support will be available on the date you have paid for such additional support and until the expiration of the period. We have no obligation to provide further support until we have received full payment for such support.
4. We may limit or terminate technical support, or may choose not to renew additional support if you use the support in an irregular, excessive, abusive or fraudulent manner or use plan(s) with third party software that is determined at ecomz’ sole discretion to be incompatible. Examples of such use include a high number of support requests that concern previously resolved issues and/or general usability, repeated posing of questions to which the answer is readily found in ecomz website, and discussion of issues that are not related to technical support. Coverage is non-transferable and is valid for the account owner only. Resale or transfer of support plans is strictly prohibited, and will be ground for termination or non-renewal of support.
5. We do not guarantee a response time. We also do not guarantee that all technical problems and issues with the platform will be resolved.
6. We offer free support for all accounts with a valid credit card on file. This support is available 24/7 online through ecomz tickets. All tickets are responded and addressed to on a “first come, first serve” basis.
7. For more information about technical support hours and availability, please visit www.ecomz.com/support.

14. Ecomz experts

1. Ecomz experts is an online directory of independent third parties ("experts") that can help you build and operate your store. We do not employ experts and are in no way affiliated with experts.
2. We do not endorse experts and take no responsibility for any work performed by experts or failure to fulfill a work order. Links to websites of experts, announcements about services or offers, and responses to email inquiries regarding experts, are provided solely for informational purposes at our discretion and shall not be construed or imply permission, or an affiliation position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website.
3. Under no circumstances shall we be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and the experts. These limitations shall apply even if we have been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.

15. Prohibitions and restrictions

1. We offer the platform to host ecommerce websites, not to store data. Using the platform as an online storage space for archiving electronic files is prohibited and will result in termination of your account without prior notice.
2. You may not use the platform for any illegal or unauthorized purpose, or to violate any laws in your jurisdiction (including but not limited to copyright laws).
3. Verbal or written abuse of any kind (including threats of abuse or retribution) of any ecomz customer, employee, member, or officer will result in immediate account termination.
4. You shall not purchase search engines or other pay per click keywords (such as google adwords), or domain names that use ecomz or ecomz trademarks and/or variations and misspellings thereof.
5. You represent, covenant, and warrant that you will use the platform in compliance with all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold us and our content providers and the respective directors, officers, employees and agents of each harmless against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing. Although we have no obligation to monitor the content provided by you or your use of the platform, we may do so and may remove any such content or prohibit any use of the platform it believes may be (or alleged to be) in violation of the foregoing.
6. The terms are for the use of the platform. The terms do not grant you a license to any software. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the platform, use of the platform, or access to the platform without our express written permission. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the platform or any software, documentation or data related to the platform; modify, translate or create derivative works based on the platform or any software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the platform or any software; use the platform or any software for time sharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
   

16. Prohibited lines of business

You may not utilize the platform to provide, sell, or offer to sell the following and similar lines of business. The following list is not exhaustive:

1. Goods and services that are illegal, dangerous or hazardous;
2. Replica or pirated materials;
3. Inappropriate content, goods or services, including but not limited to:
4. Pornography;
5. Racism or religious persecution;
6. Hate or violence;
7. Any form of copyright infringement, for both physical goods or digital content;
8. File hosting or sharing and cyberlockers;
9.  Tobacco and smoking mixtures;
10. Gambling;
11. Debt and loan related businesses or high yield financial investments including but not limited to:

• Get rich quick schemes;
• Loan modification, debt collection or credit repair;

12. Virtual currencies
13. Internet pharmacies (including referral sites);
14. Weapons and firearms;
15. Illegal drugs, drug contraband and illicit substances;
16. Pc or call center support;
17. Payment aggregators;
18. Prepaid or calling cards,
19. Information used to illegally harm any people or animals; and
20. Escort services or other content deemed adult related.

17. Public areas

We make no representations or warranties with respect to any forums, blogs, private messages, emails, or other electronic discussion mediums made available on or via the platform (collectively, "public areas") or with respect to any messages, information, or materials contained in the public areas. Your use of or reliance upon any such messages, information, or materials is at your sole risk and expense. We do not and cannot review all of the information and materials provided in the public areas, and have no responsibility or liability for any such information or materials and their use. If we become aware of any information or materials that we determine to violate these terms or the public areas' policies promulgated by us from time to time or that we otherwise deem inappropriate in our sole discretion, we reserve the right to delete, move, or edit any such information or materials.

18. Electronic communications

You acknowledge that we will use the email address you provide as the primary method for communication.

For every email message you send in connection with the platform, you acknowledge and agree that the recipient has agreed to receive such communication and that you will not engage in the act of sending unsolicited emails.

19. Privacy policy

You acknowledge and agree that your use of the platform, including your information that we transmit to or store, is governed by our privacy policy found at www.ecomz.com/privacy-policy.

You understand that your store content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. No credit card information is stored in any way.

20. Intellectual property

You acknowledge and agree that: (a) the platform including without limitation, any modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, "proprietary information") are owned by us and/or our third party sponsors, partners, and other co-branders (collectively, "content providers"), (b) the proprietary information contains valuable copyrighted material and is protected by local and international copyright and other intellectual property laws, (c) the proprietary information is licensed, rather than sold, to you pursuant to these terms, and (d) you have no rights in the proprietary information, other than the rights and licenses granted to you herein.

21. Trademarks

“ecomz" and our logos (both words and design) either are our trademarks, service marks, or registered trademarks or our content providers, and may not be copied, imitated or used, in whole or in part without our prior express written consent or that of our content providers. In addition, all page headers, custom graphics, design and user interface elements, and scripts are service marks, trademarks, and/or trade dress of ecomz and may not be copied, imitated, or used, in whole or in part without our prior written permission, which consent may be withheld in our sole discretion.

22. Limitation of liability

You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

In no event shall we or our suppliers be liable for lost profits, or any special incidental or consequential damages, arising out of or in connection with the platform or these terms (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these terms or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Ecomz, our officers, directors, employees, and agents, separately or collectively, will in no event be liable for more than the total fees actually received by ecomz from you for the services during the one-month period before the claim or cause of action arose. Multiple claims will not expand this limitation.

23. Warranties

Your use of the platform is at your sole risk. The platform is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

We do not warrant that the platform will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the platform will be accurate or reliable.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the platform will meet your expectations, or that any errors in the platform will be corrected.

24. Indemnification

You agree to defend, indemnify and hold us and our content providers and the respective directors, officers, employees and agents of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these terms or use by you or any third party (authorized, permitted or enabled by you) of the platform, except to the extent the foregoing directly results from our own gross negligence or willful misconduct. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. This foregoing indemnification will survive any termination or expiration of these terms or your use of this website or the services.

25. Modifications

We reserve the right at any time, and from time to time, to modify or discontinue, the platform (or any part thereof) with or without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the platform.

We reserve the right to refuse the use of the platform to anyone for any reason at any time.

26. Term and termination

We may terminate the terms or the platform at any time with or without cause, and with or without notice. We will have no liability to you or any third party because of such termination.

If at the date of termination of the platform, there were any outstanding fees, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

Upon termination or expiration of the terms by either party for any reason, (a) we will cease from providing the platform, (b) you will not be entitled to any refunds of any usage fees or any other fees, pro rata or otherwise and (c) any outstanding balance owed to us for your usage of the platform through the effective date of such termination or expiration will immediately become due and payable in full. All sections of these terms which by their nature should survive termination will survive termination, including and without limitation, warranty disclaimers and limitations of liability.

Upon termination or expiration of these terms by either party for any reason, we may delete your archived data within 30 days after the date of termination.

Termination shall not affect the rights of ecomz to recover from you losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys’ fees or expert witnesses’ cost or other costs of any kind under these terms.

27. Third party platforms

In addition to these terms, you also agree to be bound by the additional service-specific terms applicable to services you purchase from or that are provided by our partners, or other third parties.

We may from time to time recommend, provide you with access to, or enable third party software, applications (“apps”), products, services or website links (collectively, “third party platforms”) for your consideration or use, including via the ecomz app store. Such third party platforms are made available only as a convenience, and your purchase, access or use of any such third party platform is solely between you and the applicable third party services provider (“third party provider”). Any use by you of a third party platform offered through the platform is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such third party platform before using them.

We do not provide any warranties with respect to third party platforms. You acknowledge that we have no control over a third party platform, and shall not be responsible or liable to anyone for such third party platform. The availability of third party platforms on ecomz, including the ecomz app store, or the integration or enabling of such third party platforms with the platform does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with us. We strongly recommend that you seek specialist advice before using or relying on a third party platform, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice. When assessing the correct tax rates you should charge to your customers.

If you install or enable a third party platform for use with the platform, you grant us permission to allow the applicable third party provider to access your data and to take any other actions as required for the interoperation of the third party platform with the platform, and any exchange of data or other interaction between you and the third party provider is solely between you and such third party provider. We are not responsible for any disclosure, modification or deletion of your data or store content, or for any corresponding losses or damages you may suffer, as a result of access by a third party platform or a third party provider to your data or store content.

These terms and the privacy policy do not apply to such third party platforms, and you should review their privacy policies, terms and conditions and business practices as they may be different from our terms. it is your sole responsibility to comply with such third party terms. Access to them is at your own risk, and your dealings and communications with any third party are solely between you and such third party.

Under no circumstances shall we be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, which result from any third party platform or your contractual relationship with any third party provider. These limitations shall apply even if we have been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

28. Reservation of rights

We reserve the right to provide our services to your competitors, and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that ecomz employees and contractors may also be ecomz customers/merchants, and that they may compete with you, although they may not use your confidential information in doing so.

Except for the rights expressly granted to you pursuant to these terms, you acknowledge that you have no right, title or interest in or to this website, the platform or proprietary information. All rights not expressly granted by us in these terms are hereby reserved by ecomz. There are no implied rights.‍

29. General

These terms constitute the entire agreement between you and us and govern your use of the platform, superseding any prior terms between you and us (including, but not limited to, any prior versions of the terms).

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section.

If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these terms will otherwise remain in full force and effect and enforceable.

You may not assign the terms without our prior written consent, which we may refuse in our sole discretion. Any attempt by you to assign these terms without our prior written consent will be deemed null and void. We may assign these terms at any time.

Subject to the foregoing, these terms will bind and inure to the benefit of the parties, their respective successors and permitted assigns.

The failure of ecomz to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision.

No agency, partnership, joint venture or employment is created as a result of these terms, and you do not have any authority of any kind to bind ecomz in any respect whatsoever.

Nothing in these terms shall be construed to give any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect of these terms. There are no third party beneficiaries of these terms.

We will have no liability to you or any third party for our failure to perform our obligations under these terms in the event that such non-performance arises as a result of the occurrence of an event beyond our reasonable control, including without limitation an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other event of force majeure.

30. Governing law; jurisdiction

Any dispute arising out of these terms or the performance thereof shall be resolved by submitting the same to nonbinding mediation and thereafter, if not resolved, by any other legal processes available at law. Mediation shall be conducted by an independent qualified mediator agreed to by both parties. If the parties fail to agree as to a mediator within ten (10) days of the first notice of mediation from one party to the other, the choice of a mediator shall be made by another mediating or arbitrating entity selected by both parties at a location in lebanon or via teleconference. in any action at law or in equity or in any proceeding to enforce or interpret the terms of these terms, the prevailing party shall be entitled to reasonable attorneys’ fees and costs, paralegal fees, costs of discovery, all fees and costs of appellate proceedings, and necessary disbursements in addition to any other relief to which such party may be entitled.

The laws of Lebanon will govern the validity and construction of these terms and any dispute arising out of or relating to these terms, without regard to the principles of conflict of laws. You hereby consent and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to the jurisdiction and venue of the courts located in lebanon.