These Terms of Service (“Terms”) govern your access to and use of Ecom Profits (“the Service”), an analytics platform operated by Merkel LLC (“Merkel LLC,” “we,” “our,” or “us”) available at ecomprofits.io and app.ecomprofits.io.
By registering for or using the Service, you (“you” or the “Customer”) agree to be bound by these Terms. If you do not agree, do not use the Service.
1. The Service
Ecom Profits provides analytics dashboards, performance reporting, and related tools for e-commerce businesses. The Service integrates with third-party advertising, e-commerce, and marketing platforms (including Meta, Pinterest, Klaviyo, Shopify, and others) at your authorization to aggregate and visualize your business data.
2. Eligibility and Account Registration
You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. You represent that all registration information you provide is accurate and that you are authorized to act on behalf of the business you register.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at admin@ecomprofits.io if you suspect unauthorized use of your account.
3. Subscription and Billing
Access to the Service is provided on a subscription basis. Subscription fees, billing frequency, and included features are set out on our pricing page at the time you subscribe. Fees are non-refundable except where required by law or explicitly stated at purchase.
We may change subscription fees on notice. Changes take effect at the start of your next billing cycle. If you do not agree to a fee change, you may cancel your subscription before the change takes effect.
4. Connected Platforms
When you connect a third-party platform (such as Meta, Pinterest, Klaviyo, Shopify) to the Service, you authorize us to access your data on that platform through its official API for the purpose of providing the Service.
You represent and warrant that:
- You have the legal right to authorize access to any platform account you connect;
- Your use of the Service complies with the terms of service of each connected platform, including Meta’s Platform Terms.
You may disconnect a connected platform at any time. Disconnection stops further data sync and initiates deletion of associated data as described in our Privacy Policy.
5. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of these Terms;
- Attempt to reverse-engineer, decompile, or extract the source code of the Service;
- Interfere with, disrupt, or attempt to bypass the security or integrity of the Service;
- Use the Service to send unsolicited communications, spam, or malicious content;
- Access, scrape, or collect data from the Service by any automated means except as expressly permitted by us in writing;
- Impersonate any person or misrepresent your affiliation with any person or entity;
- Resell, sublicense, or redistribute the Service without our written consent.
6. Intellectual Property
The Service, including all software, design, branding, and content, is the property of Merkel LLC or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms.
You retain all rights to the business data you connect to the Service. By using the Service, you grant Merkel LLC a limited license to process, store, and display that data solely for the purpose of providing the Service to you.
7. Third-Party Services
The Service depends on third-party platforms and APIs. We are not responsible for the availability, accuracy, or content of third-party platforms. Changes to third-party APIs may affect the Service’s functionality.
8. Termination
You may terminate your account at any time by canceling your subscription or contacting us at admin@ecomprofits.io.
We may suspend or terminate your access to the Service at any time, with or without notice, if you violate these Terms, if required by law, or if we discontinue the Service.
Upon termination, your right to use the Service ends. Sections of these Terms that by their nature should survive termination (including intellectual property, limitation of liability, indemnification, and governing law) will survive.
9. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that data displayed will be accurate or complete. Analytics and metrics are provided for informational purposes only and should not be the sole basis for business decisions involving material financial risk.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERKEL LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO MERKEL LLC IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless Merkel LLC and its officers, directors, employees, and affiliates from any claims, liabilities, damages, losses, or expenses (including reasonable attorney’s fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of law principles. Any dispute arising out of or related to these Terms or the Service shall be brought exclusively in the state or federal courts located in Broward County, Florida, and you consent to the personal jurisdiction of those courts.
13. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will notify you by email or through a prominent notice in the Service at least 14 days before the change takes effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
14. Miscellaneous
These Terms constitute the entire agreement between you and Merkel LLC regarding the Service and supersede any prior agreements. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
15. Contact
For questions about these Terms, contact us:
Merkel LLC
3833 Powerline Rd Ste 801-O
Fort Lauderdale, FL 33309-5067
United States
Email: admin@ecomprofits.io