TERMS AND CONDITIONS ECARTAPI.COM

The following terms and conditions (hereinafter ̈the terms ̈) govern your use of this website and any of the content available on or through this website. These terms and conditions regulate the use of the TENDENCIES INNOVATIONS LLC website, hereinafter ECARTAPI.COM ( ̈third-party intermediary platform website ̈). Please review the following guidelines carefully as they impact the rights and responsibilities in the law. TENDENCIES INNOVATIONS LLC has its address located in Germany Dr. ste 5, Wilmington, DE 19804.

By using the website, you agree to the terms and conditions regarding your use of the website, if you do not agree these terms and conditions, please do not use the ecartapi.com website. You can communicate with us through your account.

We can change the terms and conditions at any time without notice, only by posting the changes on the website.

1. ELECTRONIC COMMUNICATIONS

By visiting ECARTAPI.COM or sending emails to us, you are communicating with the company electronically and you consent to receive electronic communications from us.

We will communicate by email or the platform of ECARTAPI.COM

2. PROPERTY RIGHTS

Ecartapi.com is the sole owner of all rights, titles, and interests in and on the website, of all content (including, for example, audios, photographs, illustration, graphics, other visual media, videos, copies, text, software) codes, data and materials thereof, the appearance and environment, the design and organization of the website and the compilation of the content, codes, data and materials therein, including but not limited to any copyright, trademarks, rights, patent right, database rights, moral rights, and other intellectual property and patrimonial rights thereof. Your use of the website does not give you ownership of any of the content, codes, data or materials that you can access on or through the website.

All software and websites content, including: HTML, code, texts, animation, images, etc, as well as the trademarks, trade names and/or distinctive signs shown, are the property of Ecartapi.com or third parties and are protected by national and international intellectual and industrial property laws.

Any use unrelated to the website, including the reproduction, modification, distribution, transmission, reissue, arrangement or representation of any element of it, is strictly prohibited except with the written consent of ecartapi.com

3. PROHIBITED USE

Any distribution, publication or commercial or promotional exploitation of the website or any of the content, codes, data or materials on the website, is strictly prohibited, unless you have received prior written permission from the authorized personnel of ECARTAPI.COM, or some other holder of applicable rights. Except as expressly permitted in this contract, you may not download, report, post, publish, copy, reproduce, distribute, transmit, modify, execute, broadcast, transfer, create derivative works from, sell or in any other way exploit any of the content, codes, data or materials on or available through the website. You further agree not to alter, edit, delete, remove or otherwise change the meaning or appearance of or change the purpose of any of the content, codes, data or materials on or available through the website, including, without limitation, the alteration or removal of any trademark, registered trademark, logo, service mark or any other proprietary content or notice of proprietary rights. You acknowledge that you do not acquire any property rights by downloading any copyrighted material or from the website. If you make any other use of the website of the content, codes, data or materials that are found there of that are available through the website, except as previously stated, you may violate copyright laws and other laws of United States of America and other countries, as well as applicable laws and may be subject to legal liability for such unauthorized use.

4. TRADEMARKS

The trademarks, logos, services marks, registered trademarks (hereinafter ̈trademarks ̈), displayed on the website or in the content available through the website are registered and unregistered trademarks of ECARTAPI.COM and others, and they cannot be used with respect to products and/or services that are not related, associated or sponsored by their rights holders and that may cause confusion to costumers or in any way that denigrates or discredits their right holders. All ECARTAPI.COM trademarks appearing on the website or on or through the website services, if any, are the property of their respective owner. None of this content on the website should be construed as granting, by implication, dismissal or otherwise, any license or right to use any trademarks exposed on the website without the written permission of ECARTAPI.COM or third parties that may own that trademark. The misuse of trademarks displayed on the website or on or through any of the websites services is strictly prohibited.

5. SERVICES LEVEL AGREEMENT

Is a policy governing the use of API between ECARTAPI and customers. This SLA applies separately to each account using unified shopping cart interface. By setting down these policies we hope to provide high quality service, have accurate profile of user need and demonstrate the appropriate level of support service to satisfy customers request. The aim of agreement basis for cooperation between software providers and ECARTAPI, ensuring timely and efficient support and technical assistance.

DEFINITIONS:

The following definitions shall apply to the ECARTAPI SLA:

  1. Availability: Our API is available for you as a registered ECARTAPI user in the way we intend upon your first request.
  2. Downtime: Service downtime being the number of minutes in a month when our API is not available for any reason.
  3. Service: Means the unified API provided to you for shopping cart integration and additional technical assistance provided on your request.
  4. Integration: the process of linking together different software applications and eCommerce platforms via application programming interface for data exchange and coordinated functionality.
  5. Unified API: Application programming interface which can be applied equally effectively for integration with multiple shopping platforms.
  6. Service monitoring: Tracking various critical metrics to ensure high availability and proper service functionality.

SERVICE COMMITMENTS:

Ecartapi provides unified API platforms to perform integrations for multiple shopping carts. Claiming this we offer:

  • API for 35 + shopping carts.
  • Integrations code samples.
  • Technical support and consultations on specific integration requirements:
  • Assistance with software development using ECARTAPI interface.
  • Ecart api provider will deliver the agreed services within the agreed timeframes, standards and cost.

Also, under this commitment, Ecartapi is obliged to provide its customer with following services:

1. New Shopping cart version support:

We are responsible for providing constant service update and extending the scope of provided service. When the shopping cart which is in the list of our supported carts releases new version, we guarantee to add support of new version with all API methods available for the previous shopping cart version in terms of 2 month from the moment of release.

2. Service uptime:

Ecartapi guarantees to provide 99.8% uptime each calendar month. If we fail to meet the uptime and response percentage as guaranteed, we will apply service credits to the affected accounts. You will be entitled additional requests of API service equivalent to the period of service downtime. You have to report downtime period to our support team. If souch request is confirmed by us and service uptime is less than 99.8% you will receive additional hour of Ecartapi use.

3. Service availability:

Ecartapi guarantees high service availability during working hours.

Ecartapi reserves the right to disable the account in case of 2 months debt.

4. Service exclusion:

We do not cover as standard:

  • Bespoke methods development or integration.
  • Optimization and tuning of customers software.

The Ecartapi SLA doesn’t apply to any unavailability or API performance issues caused by:

  • Factors out of our direct control.
  • Internet access or related problems.
  • Actions (or inactions) of you and third party.
  • Your software functionality or other technology.
  • Failures of individual servers.

5. Customer support:

Ecartapi provides customer support on general question only. Request is guaranteed to be responded in 24 hours.

We are working on business days only.

Requests can be submitted online with the help of website chat or sent them to an e-mail at [email protected] 24 hours a day.

6. Unsubscribe/downgrade:

You can cease to use the service or downgrade your requests plan at any time, you must not warn us in advance.

7. Changes:

We reserve the right to change, discontinue or add to this SLA at any time.

Registered users of ECARTAPI will be informed on this in advance.

6. MODIFICATION OF TERMS

Tendencies Innovations LLC reserves the right, at its sole discretion, to modify, add or remove portions of these terms and service at any time, any modifications, such as augmentation or enhancement of the current service, including the release of new tools and resources, shall be subject to the terms of services. Your continued use of the service shall constitute acceptance of the terms of service as modified.

7. COPYRIGHT AND CONTENT OWNERSHIP

We claim no intellectual property rights over the data you provide to the service. Your profile and data uploaded remain yours. When taking part in surveys or providing testimonials, you agree to allow Tendencies Innovations LLC to publish the data without your prior consent.

Ecartapi does not pre-screen data, but Ecartapi and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any data that is available via the service.

8. SERVICE SPECIFIC TERMS

Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis.

You understand that Tendencies Innovations LLC uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service.

You understand that the technical processing and transmission of the service, including your data, may be transferred unencrypted and involve:

  1. Transmission over various networks.
  2. Changes to conform and adapt to technical requirements of connecting networks or devices. This does not include payments information, which is transferred encrypted.

By payment information no transaction- specific data but only order total, payment method, currency, payment status and order status are meant.

You expressly understand and agree that Tendencies Innovations LLC 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 (even if Tendencies Innovations LLC has been advised of the possibility of such damages) resulting from:

  1. The use of the inability to use the service:
  2. The cost of procurement of substitute good and services resulting from any goods, data, information or services purchased or obtained or messages received, or transactions entered into through or from the services.
  3. Unauthorized access to or alteration of your transmissions or data.
  4. Statements or conduct of any third party on the service.
  5. Tendencies Innovations LLC does not warrant that the service will meet your specific requirements, be uninterrupted or error-fee.

9. MODIFICATION OF SERVICE

Tendencies Innovations LLC reserves the right to modify or terminate the Service with 14 calendar days prior notice.

We may, but have no obligation to, remove Data and Accounts containing Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

All prices for the Service can be changed with prior notice. Ecartapi will notify customers 30 calendar days in advance about any price changes.

Tendencies Innovations LLC shall not be liable to you or to any third party for any modifications, price change, suspension or discontinuance of the Service.

10. USER OBLIGATIONS

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Tendencies Innovations LLC as a company, or any other Tendencies Innovations LLC service or product.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, usage of the Service, or access to the Service without written permission from Tendencies Innovations LLC.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

You must not upload, post, host, or transmit unsolicited e-mail, SMS, or spam messages through or to the Service, or on the Website.

You must not transmit any worms or viruses or any code of a destructive nature through the Service or Website.

If you become aware of any issues with the Service that result in the improper functioning of the Service, you are bound to inform Ecartapi instantly. If no such notice is provided, the Service cannot be held responsible for the due consequences.

Ecartapi guarantees the highest Service security standards, therefore you are obliged to follow the highest level of security and control of any third-parties or hostile software on your part. Any kind of inobservance of the rules will result in our inability to provide with high-level service, for which Ecartapi shall not be held responsible.

11. ACCOUNT TERMS

When registering a new Account you are bound to meet the following terms:

  1. You must be 18 years or older to use the Site, provided that if you are under the age of 18, your parent or legal guardian, as applicable, must expressly consent to your use of the Site.
  2. You must be a human. Accounts registered by any automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process and provide all the necessary details to the support center.
  4. You are responsible for maintaining the security of your Account and the accompanying password (the Password). EcartAPI cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. You are responsible for all the Data posted and activity that occurs under your account.
  6. You may not use your Account for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

After you have subscribed to the Service, these Terms of Service serve as a web services agreement between you (the “Company”) and EcartAPI (the “Developer”), unless you and EcartAPI sign another contract.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Tendencies Innovations LLC customer, employee, member, or officer will result in immediate Account termination.

Tendencies Innovations LLC in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service by reason of evading paying for the Service by creating more than one account. Such termination of the Service will result in the deactivation or deletion of your Account or your access to the Account, and the forfeiture and relinquishment of all Content in your Account.

By providing EcartAPI with the Account information for any of your stores, you are agreeing to allow EcartAPI to login to your account, view all account information, modify any other settings deemed necessary for automated interaction and otherwise compatibility with the Service and/or send a data to/from the stores on your behalf. EcartAPI does not know, keep or in any other manner get full access to your login and password information, but can only access your Account with your sole permission.

A breach or violation of any of the Account Terms as determined in the sole discretion of EcartAPI will result in immediate Account termination.

Your account can be automatically deactivated if it was not active for a period of 90 days. After you have received an email notification with information about the deletion you have 7 calendar days to follow the instructions (sign in or make API call) to keep the account active.

12. SUPPORT TERMS

Technical support is available via email and/or live chat. Guaranteed response period is 24 hours (business days only). Actual response period may vary.

Complaints about the accuracy of extracted data can be accepted within 30 calendar days after the API request was completed. During this period, emergence, change, or destruction of data in the database can take place due to store usage. All these changes may distort the results of the API requests. Therefore, EcartAPI must not be held responsible for any of the above mentioned issues.

Questions about the Terms of Use should be sent to support at ecartapi.com.

You must provide timely response to the requests from the Service Support Team. If we do not hear from you for 10 calendar days, we consider the issue in question exhausted. In this case, we reserve the right to act on the problem using our own judgement or based on the previous agreement.

13. API SERVICE TERMS

The Service does not guarantee proper data extraction of the custom data, fields or information handled by third-party modules and/or contributions. EcartAPI supports standard shopping cart database schemes by default. We provide no service for duplicated systems (emulations, forks, tweaks and other).

By these Terms of Service, you agree not to change, modify, add, or remove portions of Bridge Script source code as it is owned by Tendencies Innovations LLC. You agree not to use, reproduce, modify, adapt, publish, or translate the Bridge Script source code into any form, medium, or technology now known or later developed throughout the universe.

14. PAYMENT AND REFUND TERMS

All the prices for the Service are provided in US currency (USD).

The Service is billed in advance. Before making any purchase, please take time to test our free trial and see if the service is convenient for you. EcartAPI has no obligation to refund the charges once the plan or package is paid. However, you can cancel your current subscription anytime you want.

If you exceed one or more of the limits of your Subscription Plan, you have 1 calendar month to either optimize your integration with the EcartAPI or upgrade. Once you reach the limits the following month one more time, your account will be suspended.

If your automatic payment ever fails, you have 7 calendar days to fix payments, or your account will be suspended.

In case data returned at a client’s request is not correct due to the API’s misfunction and has caused loss of revenue, this has been verified and confirmed by EcartAPI engineers and can't be resolved within 5 business days since first reported by the customer, EcartAPI will provide a refund for the last 30 calendar days of using the Service.

The account will be immediately suspended after the refund.

Refund requests will be under review up to 10 calendar days from the moment of application. The refund request must include the reason for a refund (e.g., tech issues explained in detail with specified logs and API requests that were used for a check by our tech team).

EcartAPI does not provide refunds if the issues with the Service were not investigated by EcartAPI tech engineers. The refund is also not provided for issues that were declared more than 30 calendar days after they occurred.

EcartAPI does not provide refunds if the subscription fee was charged by mistake on the customer's side (e.g., accounting or billing error, some force majeure). If you have problems with your billing, please notify EcartAPI working days or more prior to the date of charge.

If you disagree with the provision above, you can still request a refund, providing the documents, screenshots, etc., that confirm the wrong payment. EcartAPI team will review the request and respond within 10 calendar days.

Refunds are exclusive of transaction fees.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for the payment of all additional financial contributions, excluding only United States (federal or state) taxes.

15. NOTIFICATIONS

For the purpose of practicing timely notifications, ECARTAPI.COM designates the contact address specified as its own in the one stipulated at the beginning of these terms and conditions. The email provided by the User during the registration process on the website will be the one used by ecartapi.com in order to practice notifications to the User from the moment of contracting until customer satisfaction. The User is obliged to keep the data duly updated for the purposes of notifications referred to in this clause. All the Notifications that ecartapi.com makes to the User will be considered validly made if they have been made using the correct and precise data, through the means previously indicated. Ecartapi.com is not responsible for any damage that may occur due to the violation of the User of their obligation to keep their contact information updated.

16. APPLICABLE LAW

By visiting Ecartapi.com you agree that laws of the United States of America, regardless of your address and conflicts of laws, will govern these terms and conditions, as well as any controversy of any kind that may arise between the user and Ecartapi.com or its subsidiaries.

17. DISPUTES

Any controversy related in any way, with your visit to Ecartapi.com will be subject to the alternative dispute resolution methods, with the exception that, to the extent that you, in any way, have violated, threatened to violate the Intellectual Property rights of Ecartapi.com

Ecartapi.com may request precautionary measures or other type of reparation before the State or Federal Court in the State of Delaware and, you agree to submit to the jurisdiction and exclusive seat of said Courts.

You acknowledge that ecartapi its authorized to extent any information regarding private information in any dispute requested by the jurisdictional authority.

18. SITE POLICIES, MODIFICATION AND SEVERABILITY

You need to review our policies posted on this website. These policies will also govern your visit to any platform in relation to ecartapi.com. We reserve the right to make changes to our website, policies, and these terms and conditions at any time. In the event that any of the stipulations turns out to be invalid, void or for any unenforceable reason, such condition will be considered separate from the validity and applicability of any of the other conditions.

ONCE I HAVE READ THESE TERMS AND CONDITIONS, I ACCEPT THE TRUTH AND LEGITIMATION OF THESE AND I ACCEPT THE GUIDELINES BY WHICH THE COMMERCIAL RELATIONSHIP WILL BE GOVERNED.

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