TERMS AND CONDITIONS ECARTAPI.COM


The following terms and conditions (hereinafter the “Terms”) govern your use of www.ecartapi.com (hereinafter “Website”) and any of the content available on or through this Website. These Terms regulate the use of the TENDENCIES INNOVATIONS, LLC (hereinafter “EcartAPI”) Website, that is a third-party intermediary platform website. Please review the following guidelines carefully, as they impact the rights and responsibilities in the law. EcartAPI has its address located in 1201 North Market Street, Suite 111, Wilmington, Delaware, zip code 19801.


By using this Website, you agree to these Terms regarding your use of the Website. If you do not agree these Terms, please do not use the EcartAPI Website.

EcartAPI reserves the rights to change these Terms at any time by its sole discretion and posting the changes on the Terms’ section of the Website.


  1. WHAT IS EcartAPI SERVICE?


EcartAPI service consists in a tool for developers that offers a unified payload across all the ecommerce platforms and integrations all in one place.


It's a tool to shorten developing times for any app that uses ecommerce integrations. We support webhooks, checkout rates on realtime and we are constantly updating API resources.


To use EcartAPI service you first need to create an account. You will receive a “Client Id”, that is a unique identifier for your account you have to keep this value safe, you can use this as a token on certain calls that require it. 


An access token is an identifier for any store that integrates with your app this token is the one that you will be using for all the request related to the stores (orders, products, customers, etc.) 


Once you have your Client ID, you shall create an app in your dashboard and add a store. 


You can follow our video tutorial in order to create your first App in EcartAPI:  https://www.youtube.com/watch?v=D63hRYCDsdQ


To connect your app to EcartAPI you just need to follow these two steps:

  1. You have to add the integration page into your app view, it can be a button or embed on a modal.

  2. Have a URL where you will receive the integration information.

    1. The redirect URL is the most important part of your app because you will receive all your stores information in this URL. It is where all of the information that you need to make API calls will be send. 

  3. You can follow our video tutorial in order to integrate your store to an EcartAPI app: https://www.youtube.com/watch?v=DHEBlCfe5gc


 In case you need help with a testing store, do not hesitate to contact us.


2. COMMUNICATION


Communication with our team is through emailing to [email protected] or through the chat in our Website. 


By visiting EcartAPI Website or sending emails to us, you are communicating with the company electronically, so you give us your consent to receive electronic communications from us.


We will notify you of any updates through email or through your account’s dashboard. Every customer agrees to receive information regarding EcartAPI Website updates and development to their registered email.


3. PROPERTY RIGHTS


EcartAPI is the sole owner of all rights, titles, interests in and on the Website and 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 API does not give you ownership of any of the content, codes, data or materials that you can access on or through the EcartAPI Website.


All software and Website 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 or third parties and are protected by national and international intellectual and industrial property laws.


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


4. PROHIBITED USE


Any distribution, publication, commercial or promotional exploitation of the Website or any of its content, codes, data or materials on it, is strictly prohibited, unless you have received prior written permission from the authorized personnel of EcartAPI, or some other holder of applicable rights. Except as expressly permitted in these Terms, you must 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 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, appearance, 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 or 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, its content, codes, data or materials, available through the it, except as previously stated, you will violate the copyright laws, the United States of America and other countries laws, as well as those are applicable, and may be subject to legal liability for such unauthorized use.


5. TRADEMARKS


The trademarks, logos, services marks, registered trademarks (hereinafter “Trademarks” ), displayed on the Website or its content available through it, are registered 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 Trademarks appearing on this Website or through the Website services, if any, are property of their respective owner. None of this content on the Website should be considered as granting, by implication, dismissal or otherwise, any license or right to use any Trademarks exposed on the Website without the written authorization of EcartAPI or third parties that may own that Trademark. The misuse of Trademarks displayed on the Website, or through any of the its services, is strictly prohibited.


6. SERVICES LEVEL AGREEMENT (“SLA”)


The SLA’s definitions and service commitments governing the use of API, between customers and EcartAPI, are described in the definitions and service commitments sections. By setting down these policies we will provide high quality service. The aim of agreement basis for cooperation between software providers and EcartAPI, ensuring timely and efficient support and technical assistance. This SLA only apply if the third-party API is active and fully operational. 


DEFINITIONS:

The following definitions shall apply to the EcartAPI SLAs:

  1. Availability: The ability to make requests to EcartAPI through our API endpoint https://api.ecartapi.com, 365 (three hundred and sixty-five) days a year, 24 (twenty-four) hours a day.


  1. Uptime: Service uptime will be above 99.8% (ninety-nine-point eight percent).


  1. Downtime due to external API: When a third party API is out of availability by any cause imputable to the third party web service.


  1. Third Party: The external API service developed by the SaaS integrated with EcartAPI. 


  1. Customer Systems: Systems out of EcartAPI direct control like customer internet access, servers, database, code, access information or any other customer system.


  1. Service: Means the unified API provided to you for shopping cart, marketplace or any other integration provided by EcartAPI, including additional technical assistance provided via email.


  1. Integration: the process of linking together different software applications and eCommerce platforms via web services, webhooks, oauth or any other type of integration for data exchange.


  1. Unified API: Application programming interface which translates and unifies API requests and responses with a single json format. 


  1. Service monitoring: Tracking critical metrics to ensure high availability and proper service functionality.



SERVICE COMMITMENTS:

EcartAPI provides a unified API solution to perform integrations for multiple shopping carts, marketplaces, and other SaaS systems.


New Integrations requested by a Customer:

If a customer needs the development for specific integrations, they can request the EcartAPI team through our email [email protected] to develop such integration. This has a cost of $500.00 USD (five thousand 00/100 American Dollars) per integration, and it has to be full paid before the development starts. EcartAPI will make the integration in a timeframe of 10 (ten) to 20 (twenty) business days.


Functionality:

If there is any specific functionality which customers need to perform, and it is currently not available in the EcartAPI Website, documentation or account dashboard. Customer can request a specific functionality to be created through [email protected]. The EcartAPI team will review the request and determine whether it will be made. After the application is approved, our team will respond if there is an extra cost or if it will be created for free. The price will be determined stablished by our tech leader in EcartAPI.


Under this commitment, EcartAPI will provide customers the following services:


  1. New Integrations and continuous version support: EcartAPI support over 35 (thirty-five) integrations and is committed to have at least one new integration every month. In our API documentation, customers will be able to review code examples, descriptions and any other information to be able to develop a correct integration. EcartAPI guarantees API uptime considering that there no downtime due to external causes. EcartAPI will update to the newest third-party API version every 3 (thre) months.


  1. Service uptime: EcartAPI guarantees to provide 99.8% (ninety-nine-point eight percent) uptime each calendar month. You must report downtime period to our support team. If such request is confirmed by us and service uptime is less than 99.8% (ninety-nine-point eight percent) with causes not imputable to third party problems. If we fail to meet the uptime and response percentage as guaranteed, we will automatically provide a 25% (twenty-five percent) discount on the monthly usage cost. 


  1. Service limitations: EcartAPI does not create the integration, optimization, or any other development between the customer systems and EcartAPI. EcartAPI does not guarantee that the third party will authorize the customers application in their app store or developer portal. The application process for certification (if needed) with each of the third party providers is done by each customer.


  1. Customer support: EcartAPI support is available by email, and we guarantee a maximum of 24 (twenty-four) hours response time during business days. Requests can be submitted online with the help of website chat or sent them to an email to [email protected]. Dedicated customer support is available with an extra charge of $100.00 USD (one-hundred 00/100 American Dollars) per month, which will be provided via a slack or WhatsApp group.


  1. Updates: We reserve the right to change, discontinue or add to the SLA’s at any time. Customers will be informed at least 30 (thirty) days in advanced.


  1. Service termination: The customer can terminate the use of the service without any prior notice to EcartAPI. The totality of payments due have to be paid before the complete service termination.


7. MODIFICATION OF TERMS


Unless the customer has a special agreement, such as Statement Of Work (“SOW”) signed by EcartAPI’ legal representative, EcartAPI reserves the right, at its sole discretion, to modify, add or remove any of these Terms and services at any time. Any modifications of the current service, including the release of new tools and resources, will be subject to these Terms. The customers’ continue use of the service will constitute the acceptance of these Terms as modified. 


8. 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 EcartAPI 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.

The customer app information will not be shared with any third party unless it is strictly needed, and the customer has accepted via email.


EcartAPI does not share any store access keys with any third party, except when it is strictly needed for the correct functionality of the API.


9. SERVICE SPECIFIC TERMS


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


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

Transmission over various networks.

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, as customer, expressly understand and agree that EcartAPI will 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 EcartAPI 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, obtained, 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. EcartAPI does not warrant that the service will meet your specific requirements, be uninterrupted or error-fee.


10. MODIFICATION OF SERVICE

Unless otherwise authorized in a SOW agreement, EcartAPI reserves the right to modify or terminate the service with 14 (fourteen) calendar days prior notice.

We may, but have no obligation to, remove data and accounts with content that we determine in our sole discretion that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property or these Terms.

All prices for the service can be changed with prior notice. EcartAPI will notify customers 30 (thirty) calendar days in advance about any price changes.

EcartAPI shall not be liable to you or to any third party for any modifications, price change, suspension or discontinuance of the service.


11. USER OBLIGATIONS


You agree to not modify, adapt, or hack the service or modify another website so as to falsely imply that it is associated with the service, EcartAPI as a company, or any other EcartAPI service or product.


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 Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

  • Upload, post, host, or transmit unsolicited e-mail, SMS, or spam messages through or to the service, or on the Website.

  • 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 in a timely manner. If no such notice is provided, the service cannot be held responsible for the due consequences.


EcartAPI guarantees the highest service security standards, including SSL, encrypted environment, constant information backups and therefore the customer is obliged to follow the highest level of security and control of any third-parties or hostile software. Which should include encryption of information at resting level and SSL throughout all the requests. 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.


12. ACCOUNT TERMS


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

  1. You must be 18 (eighteen) years or older to use the Website, provided that if you are under the age of 18 (eighteen), your parents or legal guardian, as applicable, must expressly consent to your use of the Website.


  1. You must be a human. Accounts registered by any automated methods are not permitted.


  1. You must provide your legal full name, a valid email address, and any other information requested to complete the signup process and provide all the necessary details to the support center.


  1. 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.


  1. You are responsible for all the data posted and activity that occurs under your account.


  1. 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 serve as a web services agreement between you and EcartAPI, unless you and EcartAPI sign another agreement. 


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


EcartAPI, 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 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 may result in immediate account termination.


Your account can be automatically deactivated if it was not active for a period of 365 (three hundred and sixty-five) days. After you have received an email notification with information about the deletion, you have 90 (ninety) calendar days to follow the instructions (sign in or make API call) to keep the account active.


13. SUPPORT TERMS


Technical support is available via email and/or live chat. Guaranteed response period is 24 (twenty-four) hours (business days only). 


Complaints about the accuracy of extracted data can be accepted within 30 (thirty) 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 should be sent to [email protected]


You must provide timely response to the requests from the service support team. If we do not hear from you for 10 (ten) calendar days after we answer you, we consider the issue in question closed. In this case, we reserve the right to act on the problem using our own judgement or based on the previous agreement.


14. 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).


15. PAYMENT AND REFUND TERMS


All the prices for this service are described in the section “Prices” of our Website and are subject to change without any prior notice. All prices provided in Website are in US currency (USD). 


The service is billed at the end of each month. 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. 


EcartAPI has a pay as you use billing. Depending on the number of requests made to our API. To review the current cost by request, customers can access our pricing website located in https://ecartapi.com/prices. Payments can be paid at the most 30 (thirty) days after the billing invoice has been created. In the case of exceeding the 30 (thirty) days, your account will automatically be suspended and reactivated once the payment has been paid in full. 


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 (five) business days since first reported by the customer, EcartAPI will provide a refund for the last 30 (thirty) calendar days of using the service.


Refund requests will be under review up to 10 (ten) 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 (thirty) calendar days after they occurred.


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 (ten) calendar days.

Refunds are exclusive of any billing invoices created by EcartAPI.


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.


16. NOTIFICATIONS


The email provided by you during the registration process on the website will be the one used by EcartAPI to send updates and notifications to the customer. 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 makes to you will be considered a valid notification. EcartAPI is not responsible for any misinformation that may occur due to changes in email account, you are responsible to keep their email information updated


17. APPLICABLE LAW


By visiting EcartAPI 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 youand EcartAPI or its subsidiaries.


18. DISPUTES


Any controversy related in any way, with your visit to EcartAPI 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.


EcartAPI 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 this Courts.

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


19. SITE POLICIES, MODIFICATION AND SEVERABILITY


You need to review our policies and the privacy policy posted on the Website. These Terms will also govern your visit to any platform in relation to EcartAPI. We reserve the right to make changes to our Website, policies, and these Terms 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 YOU HAVE READ THESE TERMS, YOU ACCEPT THE LEGITIMATION OF THEM AND ACCEPT THE GUIDELINES BY WHICH THE COMMERCIAL RELATIONSHIP WILL BE GOVERNED.

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