Legal
We are EKOM, a catalog resolution platform operated by AGYL AI, Inc. Our mission is to help commerce teams resolve product data across their catalogs and every system connected to them. We offer Services on the EKOM Platform (available at https://www.ekom.ai/), allowing Platform users ("Users") to leverage AI-powered agents to analyze product catalogs, detect data gaps against objective marketplace standards, and surface structured recommendations for their teams to review, approve, and deploy.
(a) AI-Powered Catalog Analysis. Our Services leverage artificial intelligence technologies, including models from third-party AI providers, to analyze Users' product data and generate structured recommendations — proposed changes that normalize and enrich your catalog (for example, standardizing existing values and filling in missing information) — which you review and approve before they are applied. Once approved, changes may be applied to your catalog and, where connected, written back to your product information management (PIM) or other connected systems. No changes to your production data occur without your explicit approval.
All AI analysis is performed in real time at the moment of each request. The third-party foundation models we rely on operate under a zero-data-retention arrangement and do not use your Content to train their models. We do not use your Content to build, train, or fine-tune any general-purpose or cross-client AI model, and we never use or share one client's non-public Content for the benefit of any other client. Your Content is used to deliver the Services and to improve your own results over time — including account-specific configuration and adaptation — and we derive de-identified, aggregated learnings that contain no identifiable Client Content to operate and improve the platform.
Our Services may include integrations with ecommerce and CMS platforms and similar services, which may be used to pull information and data related to products, attributes, metadata, and other catalog items to produce Generated Content, and where connected, to push approved changes back to the designated platform. In using these integrations, you acknowledge and agree that you will grant us access to certain content, data, and information for the purposes of using the Services (including read and write access).
(b) Amazon Services API. Our Services may use Amazon Services API to allow our Users to improve their Amazon Store businesses with our Services. Any use of Amazon Services API is subject to the Amazon Acceptable Use Policy. Specifically, our Services: (i) do not aggregate data across Users' businesses or Customers obtained through the Amazon Services API to provide or sell to any parties including competing Users, (ii) do not promote, publish, or share insights about Amazon's business, and (iii) do not use insights about Amazon's business for your own business purposes.
(c) Changes to Services. We may change our Services or Platform at any time, including suspending or discontinuing any part of our Services, introducing new features or imposing limits, or establishing policies concerning use of our Services. We reserve the right to refuse your access to our Services or terminate your Subscription or Account.
(d) Prohibited Uses. Without limiting the foregoing, we expressly prohibit you from:
To access and use our Services, you must register and create an account ("Account") on our Platform. You must provide true, accurate, and complete information and keep it current. You may not assign or transfer your Account or Subscription without our prior written approval.
You are solely responsible for all activities under your Account. You must keep your Account information and password confidential. You agree to notify us immediately of any unauthorized use of your Account at hello@ekom.ai.
Access to the Services is available through a written order form or agreement entered into with EKOM. We offer Subscription plans for access and use of our Services on an annual or quarterly basis ("Subscription Term"), subject to a flat subscription fee ("Subscription Fee") agreed upon at the time of order. Subscription Fees are fixed for the duration of the Subscription Term. We retain the right to change Subscription plans and associated fees for future Subscription Terms, provided such changes will not apply retroactively to a current term.
Upon subscribing, you agree to pay the Subscription Fee for the full Subscription Term. We may collect payments directly or through third-party payment processors (e.g., Stripe).
By providing a payment method, you authorize us to charge your payment method for the Subscription Fee. Your Subscription will automatically renew for successive terms of the same duration at the then-current rate unless you notify us of non-renewal before the end of the then-current term.
NOTWITHSTANDING THE FOREGOING, WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE NOTICE THAT YOU HAVE TERMINATED YOUR SUBSCRIPTION OR WISH TO CHANGE YOUR PAYMENT METHOD. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, WE WILL NOT REFUND ANY AMOUNTS YOU HAVE ALREADY PAID.
We may offer free trials of paid Subscription Levels for a limited period. Unless otherwise stated, trials are only available for Users who have not previously held a paid Subscription. By agreeing to a free trial, you also agree to the associated Subscription Fees upon expiration unless you cancel prior to the trial's end.
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use; (b) you will no longer be authorized to access your Account, the Platform, or the Service; (c) you must pay any unpaid amounts due prior to termination; and (d) Sections 4, 5, and 7–20 will survive termination.
Our Services allow Users to provide product catalog data and related information ("User Content"), which may be processed, analyzed, and evaluated through our Services to generate recommendations and other outputs ("Generated Content"). All Generated Content is presented to your team as proposed changes for review and approval. It is your responsibility to evaluate and determine whether such Content is accurate, complete, and appropriate before approving any changes.
We do not claim any ownership in User Content except as stated in these Terms. However, by transmitting Content through our Services, you hereby grant us a perpetual, non-exclusive, freely transferable and sublicensable, irrevocable, worldwide, royalty-free license to use, host, aggregate, display, store, copy, distribute, publish, perform, and modify or create derivative works based upon such Content, to the extent necessary for us to provide, perform, operate, market, secure, and deliver our Services, including to develop or improve our Platform and Services, comply with applicable law, and enforce these Terms. Notwithstanding the foregoing, nothing in this Section 5 authorizes us to use or share one client's non-public User Content or Generated Content for the benefit of any other client, or to train, build, or fine-tune any general-purpose or cross-client AI model using your User Content or Generated Content.
Subject to these Terms and your compliance hereof, we hereby grant you a non-exclusive license to use, host, display, store, copy, distribute, publish, and modify or create derivative works based upon the Generated Content generated through your User Content through our Services.
You are solely responsible for any User Content you create, provide, transmit, or allow us to collect. You represent and warrant that any User Content you provide: is accurate, complete, and in compliance with applicable laws; is yours or you have the necessary licenses, rights, and permissions to use it; is in accordance with these Terms; and is in accordance with applicable third-party AI provider usage guidelines.
We respect the intellectual property rights of others and require our Users to do the same. If you believe your work has been copied in a way that constitutes infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing: (i) confirmation you are the owner or authorized representative; (ii) identification of your work; (iii) identification of the infringing content; and (iv) a statement that you believe the use is not authorized.
We will endeavor to resolve notices within 14 business days. Contact us by email at hello@ekom.ai (subject line: Takedown Request) or at: AGYL AI, Inc., Attn: Legal, 1033 Demonbreun St., Suite 300, Nashville, TN 37203.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about our Services ("Feedback") provided by you is non-confidential. We shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
By accessing or using our Services, you acknowledge and agree that we may use your company's logos and trademarks ("Logos") for marketing and promotional purposes related to our Platform, including displaying Logos on our websites, promotional materials, social media channels, and other marketing communications.
You represent and warrant that you have the authority to grant us the right to use the Logos for these purposes. This permission is non-exclusive, non-transferable, and revocable at any time upon written notice. We will make reasonable efforts to comply with any guidelines or restrictions you provide regarding Logo use.
If you do not wish for us to use your Logos for marketing purposes, please contact us at hello@ekom.ai to opt out.
We retain all rights to our intellectual property, including our names, logos, trademarks, and intellectual property licensed to us from third parties. You may not use our names, logos, branding, trademarks, or service marks without our prior written consent. You agree not to copy, modify, scrape, distribute, create derivative works of, or perform any other action on the Platform or using our Services that is not explicitly authorized by these Terms. All goodwill generated from using our intellectual property will inure to our exclusive benefit.
You hereby agree to release, defend, indemnify, and hold us and our subsidiaries, affiliates, directors, officers, employees, agents, investors, vendors, partners, licensors, and representatives harmless from and against any losses, damages, liabilities, claims, actions or demands, including reasonable legal and accounting fees, arising or resulting from (i) your User Content, (ii) your breach of these Terms, (iii) your uploading of, access to, connection to, or use or misuse of our Platform or Services, or (iv) your violation of law.
If you are a California resident, you hereby waive California Civil Code Section 1542.
OUR SERVICES, SUBSCRIPTION TO OUR PLATFORM, AND ANY CONTENT THERETO (INCLUDING GENERATED CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING ANY (I) WARRANTY OF MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (III) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OF ANY GENERATED CONTENT.
NEITHER WE NOR OUR INDEMNITEES SHALL BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE.
We are not liable for (i) any User Content created through our Services or Generated Content related therewith; (ii) any losses that result through your use of our Services or Platform; or (iii) any third-party products, services, or content that you interact with in your access or use of our Services.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, LOST DATA, BUSINESS INTERRUPTION, OR DIMINUTION IN VALUE, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF ONE HUNDRED DOLLARS, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.
IF YOU ARE A USER FROM NEW JERSEY, SECTIONS 11 AND 12 ARE INTENDED TO BE ONLY AS BROAD AS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY.
Under California Civil Code Section 1789.3, California Users may be entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, including in connection with a change of control or by operation of law, without our prior written consent but may be assigned by us, including in connection with a change of control, without notice or restriction.
BY REGISTERING AN ACCOUNT OR ACCESSING OR USING OUR SERVICES OR PLATFORM YOU ACCEPT THESE TERMS AND EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
We can resolve many concerns quickly by contacting us at hello@ekom.ai. All disputes, claims, or controversies arising from or relating to these Terms, our Services, our marketing, or the relationship between you and us ("Disputes") shall be determined exclusively by binding arbitration, administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules.
You and us shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The Notice of Dispute must include: (i) the full name and contact information of the complaining party; (ii) the nature and basis of the claim; and (iii) the specific relief sought. We will send our Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: AGYL AI, Inc., Attn: Legal, 1033 Demonbreun St., Suite 300, Nashville, TN 37203.
Arbitration will take place exclusively in Nashville, Tennessee. YOU AND US HEREBY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Tennessee, without giving effect to the principles of conflicts of law.
Neither party will be liable for any failure or delay in performance resulting from causes beyond that party's reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, or failures of third-party telecommunications or internet infrastructure. The affected party will provide prompt written notice and use reasonable efforts to resume performance as soon as practicable.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Failure by us to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision. No waiver shall be effective against us unless made in writing.
These Terms and our other Policies constitute the sole and entire agreement of you and AGYL AI, Inc. concerning the subject matter of these Terms and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning the subject matter.
Where you and EKOM enter into a separate written Master Services Agreement (MSA), that agreement governs the commercial Services relationship and supersedes these Terms to the extent of any conflict.
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version that was in effect at the time the dispute arose.