Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of Echosphere, a multi-tenant e-commerce platform operated by Echosphere ("we," "us," or "our"). By creating an account or using our services, you agree to be bound by these Terms.

2. Service Description

Echosphere provides a multi-tenant software-as-a-service (SaaS) platform that enables you to:

• Create and operate an online store
• Manage products, inventory, and orders
• Process payments from customers
• Access built-in accounting, marketing, and analytics tools
• Use custom domains with automatic SSL certificates
• Leverage AI-powered features and integrations

We provide the platform infrastructure and technology; you are responsible for your store's content, operations, and compliance with applicable laws.

3. Account Registration and Eligibility

3.1 Eligibility

You must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract
• Provide accurate and complete registration information
• Not be prohibited from using our services under applicable laws

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information remains accurate and current

4. Acceptable Use Policy

4.1 Permitted Use

You may use Echosphere to operate a legitimate online business in compliance with all applicable laws.

4.2 Prohibited Activities

You may NOT use Echosphere to:

• Illegal Products/Services: Sell illegal goods, drugs, weapons, or services
• Fraud: Engage in fraudulent, deceptive, or misleading practices
• Intellectual Property: Sell counterfeit goods or infringe others' intellectual property
• Harmful Content: Distribute malware, viruses, or harmful code
• Adult Content: Sell adult content without proper age verification and compliance
• Hate Speech: Promote violence, hatred, or discrimination
• Spam: Send unsolicited bulk communications
• System Abuse: Attempt to circumvent security measures or overload systems
• Data Scraping: Scrape or harvest data from other stores on the platform
• Reselling Platform: Resell platform access without authorization

5. Payment and Billing

5.1 Platform Subscription

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are in USD unless otherwise stated
• Payment methods: Credit card, debit card (processed via Stripe)
• Automatic renewal unless you cancel before the renewal date

5.2 Transaction Fees

In addition to subscription fees, transaction fees may apply based on your plan:

• Standard Plan: 2% per transaction
• Professional Plan: 1% per transaction
• Enterprise Plan: 0% transaction fees

5.3 Refund Policy

• 14-Day Free Trial: No charges during the trial period
• Monthly Subscriptions: Pro-rated refunds available within 7 days of billing
• Annual Subscriptions: Refunds available within 30 days of purchase
• No Refund After: Transaction fees and usage charges are non-refundable

5.4 Payment Processor Fees

Third-party payment processing fees (Stripe, PayPal, Square) are separate and set by those providers.

6. Service Level Agreement (SLA)

6.1 Uptime Guarantee

We guarantee 99.9% platform uptime per month, excluding scheduled maintenance.

6.2 Scheduled Maintenance

• We will provide 48-hour notice for planned maintenance
• Emergency maintenance may be performed without notice
• Maintenance windows are typically late night EST

6.3 SLA Credits

If uptime falls below 99.9% in a billing month:

• 99.0% - 99.9%: 10% credit
• 95.0% - 99.0%: 25% credit
• Below 95.0%: 50% credit

Credits must be requested within 30 days of the incident and are applied to future billing.

7. Your Data and Content

7.1 Your Ownership

You retain all rights to your store's content, products, customer data, and intellectual property.

7.2 License to Us

You grant us a limited license to host, store, and process your content solely to provide the platform services.

7.3 Data Backup

• We perform daily automated backups
• Backups are retained for 30 days
• You are responsible for maintaining your own backups
• Data export tools are available in your dashboard

7.4 Data Deletion

Upon account termination:

• Your data is retained for 90 days for recovery purposes
• After 90 days, data is permanently deleted
• You can request immediate deletion by contacting support

8. Intellectual Property

8.1 Platform IP

Echosphere and all related marks, logos, software, and technology are our exclusive property. You may not copy, modify, or create derivative works.

8.2 Copyright Infringement

We comply with DMCA. If you believe content on our platform infringes your copyright:

• Email: dmca@nodes.ink
• Include: Description of copyrighted work, infringing URL, contact information
• We will investigate and take appropriate action

9. Termination

9.1 Termination by You

You may cancel your account at any time through your dashboard or by contacting support. Cancellation is effective at the end of your billing period.

9.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms or Acceptable Use Policy
• Your account is inactive for more than 12 months
• Payment fails and remains unpaid for 30 days
• Required by law or court order
• Your use poses security or legal risks to the platform

10. Warranties and Disclaimers

We do not warrant that:

• The platform will be uninterrupted or error-free
• Defects will be corrected
• The platform is free of viruses or harmful components
• Your use will meet your requirements or expectations

11. Limitation of Liability

12. Indemnification

You agree to indemnify and hold harmless Echosphere from any claims, damages, losses, or expenses (including attorney fees) arising from:

• Your use of the platform
• Your store's content or products
• Violation of these Terms
• Infringement of third-party rights
• Your customer disputes or claims

13. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email 30 days in advance. Continued use after changes constitutes acceptance. If you disagree, you must cancel your account.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of Ontario, Canada, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Ontario.

15. Contact Information

For questions about these Terms:

• Email: legal@nodes.ink
• Support: Contact Form
• Address: Echosphere, Toronto, ON, Canada