Terms and Conditions (AGB)

1. Definitions and Scope of Application

1.1 Service Provider

These Terms and Conditions ("Terms", "AGB") govern the contractual relationship between you ("Customer", "User", "you") and EcomCoder, operated by Imad Eddine Mokadem and Amin Mokadem ("EcomCoder", "we", "us", "our"), located at ETH Zurich, Student Project House, Switzerland.

1.2 Service Description

EcomCoder is an AI-powered Software-as-a-Service (SaaS) platform that enables Shopify store owners to modify, customize, and build their online stores using natural language prompts powered by Anthropic's Claude AI. The service integrates with Shopify through official APIs and provides real-time theme editing capabilities with sandbox preview environments.

1.3 Acceptance of Terms

By registering for an account, accessing, or using EcomCoder, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you may not use our service.

1.4 Eligibility

You must be at least 18 years old to use EcomCoder. By using our service, you represent and warrant that you have the legal capacity to enter into this agreement. If you are using EcomCoder on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

2. Account Registration and Security

2.1 Account Creation

To use EcomCoder, you must create an account by providing accurate, current, and complete information including a valid email address and password. You may also register using supported third-party authentication providers (Google OAuth).

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us at contact@ecomcoder.com of any unauthorized use of your account or security breach. EcomCoder will not be liable for losses arising from your failure to protect your account credentials.

2.3 Shopify Integration Requirements

To use EcomCoder's core features, you must connect your Shopify store by providing:

• Your Shopify store URL
• Theme Access password (obtained via Shopify's official Theme Access app)
• Shopify Admin API access token with required scopes: read_products, write_products

You are responsible for the accuracy and security of these credentials. We encrypt and store these credentials securely in accordance with our Privacy Policy. We only access your Shopify store to the extent necessary to provide the service.

3. License Grant and Restrictions

3.1 Limited License

Subject to your compliance with these Terms and payment of applicable fees, EcomCoder grants you a limited, non-exclusive, non-transferable, revocable license to access and use the service for your internal business purposes in accordance with your selected subscription plan.

3.2 Usage Restrictions

You agree not to:

• Resell, sublicense, lease, or rent the service to third parties
• Reverse engineer, decompile, or disassemble any part of the service
• Use the service to develop competing products or services
• Remove, alter, or obscure any proprietary notices or branding
• Use the service for any illegal purpose or in violation of applicable laws
• Attempt to gain unauthorized access to our systems, networks, or other users' accounts
• Interfere with or disrupt the integrity or performance of the service
• Use automated systems (bots, scrapers) to access the service without our prior written consent
• Exceed the AI token allocation limits of your subscription plan
• Upload or distribute viruses, malware, or any harmful code

4. Subscription Plans, Pricing, and Payment

4.1 Subscription Plans

EcomCoder offers multiple subscription tiers (Basic, Professional, Elite, Enterprise) with varying features, AI token allocations, and support levels. Current pricing and plan details are available on our pricing page. We reserve the right to modify our pricing and plan features with 30 days' advance notice to existing subscribers.

4.2 Billing and Payment

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected billing period. Payments are processed securely through Stripe Payment Services. By providing payment information, you authorize us to charge the applicable subscription fees to your designated payment method. All fees are non-refundable except as required by law or as explicitly stated in Section 10.5 (EU Right of Withdrawal).

4.3 Auto-Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date through your account settings. You will be charged the then-current subscription fee for your plan. We will send you a reminder email at least 7 days before each renewal.

4.4 AI Token Limits

Each subscription plan includes a monthly allocation of AI tokens for Claude API usage (Basic: 5 million, Professional: 25 million, Elite: 150 million, Enterprise: unlimited). If you exceed your monthly token limit, the AI features may be temporarily restricted until the next billing period or you upgrade to a higher plan. Unused tokens do not roll over to subsequent months.

4.5 Failed Payments

If a payment fails, we will notify you via email and attempt to process payment again. If payment remains unsuccessful after multiple attempts within 14 days, your subscription may be suspended or terminated, and access to the service will be restricted.

4.6 Taxes

All fees are exclusive of applicable taxes (VAT, GST, sales tax, etc.). You are responsible for paying all applicable taxes associated with your use of the service. We will add applicable taxes to your invoice where required by law.

5. AI-Powered Features and Limitations

5.1 AI Processing by Anthropic Claude

EcomCoder uses Anthropic's Claude AI to process your natural language requests and generate Shopify theme modifications. By using the service, you acknowledge that AI-generated outputs may not always be accurate, complete, or suitable for your specific needs. AI systems can make mistakes, misinterpret requests, or produce unexpected results.

5.2 No Guarantee of Results

While we strive to provide accurate and useful AI-generated code modifications, we do not guarantee that:

• The AI will correctly interpret your requests
• Generated code will be error-free, secure, or production-ready
• The output will meet your specific business requirements or expectations
• The service will result in improved conversion rates, sales, or any specific business outcomes
• AI-generated modifications will be compatible with all Shopify themes, apps, or customizations

5.3 User Responsibility for Review and Testing

You are solely responsible for reviewing, testing, and verifying all AI-generated modifications before publishing them to your live Shopify store. EcomCoder provides sandbox environments and preview features to facilitate this review process. You should thoroughly test all changes in the sandbox before deploying to production. We strongly recommend backing up your theme before publishing any changes.

5.4 No Liability for AI-Generated Errors or Store Malfunctions

IMPORTANT: AI-generated code modifications may contain errors, bugs, security vulnerabilities, or incompatibilities that could cause your Shopify store to malfunction, display incorrectly, become inaccessible, or experience performance issues. Such issues may result in lost sales, revenue, customers, or other business damages. YOU ACKNOWLEDGE AND AGREE THAT:

• You use AI-generated code modifications entirely at your own risk
• We are NOT liable for any financial losses, lost revenue, lost profits, or business interruption caused by AI-generated code, even if such code causes your store to stop functioning
• We are NOT responsible if AI modifications break your store's functionality, checkout process, payment processing, or any other critical features
• You are solely responsible for testing all changes before deploying them to your live store
• We do NOT guarantee that AI-generated code will be compatible with your theme, apps, or customizations
• Any damages or losses resulting from publishing untested AI-generated code to your live store are your sole responsibility

By publishing AI-generated modifications to your live store, you accept full responsibility for any consequences, including but not limited to: store downtime, broken functionality, lost sales, customer complaints, payment processing failures, data corruption, or security breaches. We strongly recommend maintaining regular theme backups and testing all changes thoroughly in a staging environment before deploying to production.

5.5 Data Use and AI Training

EcomCoder does not use your store data, theme code, or prompts to train our own AI models. However, your data will be processed by Anthropic's Claude AI in accordance with Anthropic's Commercial Terms and our Privacy Policy. Anthropic has committed not to use customer data submitted via their API to train their models.

6. Intellectual Property Rights

6.1 EcomCoder Ownership

EcomCoder and its licensors retain all rights, title, and interest in and to the service, including all software, technology, algorithms, user interface, design, trademarks, logos, and proprietary information. These Terms do not grant you any rights to our intellectual property except as expressly stated herein.

6.2 Your Content Ownership

You retain all rights to your Shopify store content, theme code, product data, images, and other materials you provide to or create using the service. By using EcomCoder, you grant us a limited, non-exclusive, worldwide license to access, process, store, and modify this content solely to the extent necessary to provide the service to you. This license terminates when you delete the content or terminate your account.

6.3 AI-Generated Output Ownership

Subject to your compliance with these Terms and payment of applicable fees, you own the code and modifications generated by the AI specifically for your store, and you may use them for any lawful purpose. However, you acknowledge that: (a) similar outputs may be generated for other users, (b) general coding techniques, methods, patterns, and approaches used by the AI are not exclusive to you, and (c) EcomCoder and Anthropic retain all rights to the underlying AI models and technology.

6.4 Shopify and Third-Party Property

Shopify themes, apps, platform features, and trademarks remain the property of Shopify Inc. and their respective owners. EcomCoder is an independent service and is not affiliated with, endorsed by, or sponsored by Shopify Inc. All modifications must comply with Shopify's Terms of Service and API License.

6.5 Feedback and Suggestions

If you provide us with any feedback, suggestions, or ideas about the service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into our service without any obligation to compensate you.

7. Data Protection and Privacy

7.1 Data Processing

We process your personal data and store data in accordance with our Privacy Policy and applicable data protection laws, including the EU General Data Protection Regulation (GDPR), Swiss Federal Act on Data Protection (FADP), and other applicable privacy regulations. By using our service, you consent to such processing.

7.2 Third-Party Data Processors

We use the following third-party services as data processors to provide EcomCoder:

• Anthropic (Claude AI) - AI processing and natural language understanding
• Shopify - Store data access, theme management, and product data retrieval
• Stripe - Payment processing and subscription management
• Supabase - Database hosting, authentication, and data storage
• Fly.io - Backend infrastructure and computing resources

Each of these services processes data in accordance with their own privacy policies, data processing agreements, and industry-standard security practices. We have assessed these providers for GDPR compliance and data protection standards.

7.3 Data Security Measures

We implement appropriate technical and organizational security measures to protect your data, including: (a) encryption of sensitive credentials and API tokens at rest and in transit, (b) secure HTTPS/TLS communication for all API requests, (c) access controls and authentication mechanisms, (d) regular security audits and vulnerability assessments, and (e) secure data centers with physical and network security. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

7.4 Data Retention and Deletion

We retain your account data for the duration of your subscription plus 90 days after cancellation to allow for potential reactivation. Usage data, analytics, and activity logs may be retained for up to 2 years for service improvement and security purposes. You may request deletion of your data at any time by contacting us at contact@ecomcoder.com. Upon request, we will delete your data within 30 days, subject to legal retention obligations.

7.5 Your Data Rights (GDPR)

If you are located in the EU/EEA or Switzerland, you have the following rights under GDPR:

• Right to access your personal data
• Right to rectification of inaccurate data
• Right to erasure ("right to be forgotten")
• Right to restriction of processing
• Right to data portability
• Right to object to processing
• Right to withdraw consent at any time

To exercise these rights, please contact us at contact@ecomcoder.com. We will respond within one month of receiving your request.

8. Service Level and Availability

8.1 Service Availability

We strive to maintain high service availability and aim for 99.5% uptime on an annual basis, but we do not guarantee uninterrupted access. The service may be temporarily unavailable due to scheduled maintenance, emergency updates, or circumstances beyond our reasonable control (force majeure events).

8.2 Scheduled Maintenance

We will attempt to provide at least 48 hours' advance notice of scheduled maintenance via email or in-app notification when possible. Scheduled maintenance will be performed during off-peak hours when feasible. Emergency maintenance may be performed without prior notice to address critical security or stability issues.

8.3 Third-Party Service Dependencies

EcomCoder's functionality depends on third-party services including Shopify API, Claude AI (Anthropic), Stripe payment processing, and cloud infrastructure providers. We are not responsible for downtime, performance issues, or service disruptions caused by these third-party services. We will make reasonable efforts to notify you of known third-party service outages.

8.4 Customer Support

Support availability and response times vary by subscription plan:

• Basic: Email support with 7-day response time during business hours
• Professional: Priority email support with 48-hour response time
• Elite: 24/7 priority support with 24-hour response time
• Enterprise: Dedicated account manager with 24/7 support and 12-hour response time

Business hours are Monday-Friday, 9:00-17:00 CET. Support is provided in English and German.

9. Limitation of Liability and Warranties

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECOMCODER AND ITS OPERATORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, sales, or business opportunities of any kind
• Lost revenue or income resulting from your Shopify store being non-functional, broken, or experiencing errors
• Financial losses caused by AI-generated code breaking your store's functionality, checkout process, or payment systems
• Business interruption, store downtime, or inability to process customer orders
• Loss of customers, customer trust, reputation, or goodwill
• Loss of data, store content, or information
• Loss of use, goodwill, or other intangible losses
• Damages resulting from your use or inability to use the service
• Unauthorized access to or alteration of your transmissions or data
• Errors, mistakes, bugs, inaccuracies, or security vulnerabilities in AI-generated content or code
• Any damage to your Shopify store, website, theme, apps, integrations, or customer data resulting from use of the service or AI-generated modifications
• Costs of procurement of substitute goods or services
• Any conduct or content of third parties on or through the service
• Service interruptions, downtime, or performance issues

THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE FROM CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. THIS INCLUDES, WITHOUT LIMITATION, ANY SITUATION WHERE AI-GENERATED CODE CAUSES YOUR STORE TO MALFUNCTION AND YOU LOSE SIGNIFICANT REVENUE AS A RESULT.

9.3 Liability Cap

In no event shall EcomCoder's total aggregate liability to you for all claims, damages, losses, and causes of action (whether in contract, tort including negligence, warranty, or otherwise) exceed the amount paid by you to EcomCoder in the twelve (12) months preceding the event giving rise to liability, or CHF 100 (one hundred Swiss Francs), whichever is greater.

9.4 Mandatory Liability Under Swiss Law

Notwithstanding the above limitations, nothing in these Terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation, (c) gross negligence or willful misconduct, or (d) any other liability that cannot be excluded or limited under applicable Swiss law.

9.5 EU Consumer Rights

If you are a consumer located in the European Union, some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law, and nothing in these Terms affects your statutory rights as a consumer under EU consumer protection laws.

10. Term, Termination, and Cancellation

10.1 Contract Term

The contract begins when you create an account and select a subscription plan, and continues on a rolling monthly or annual basis depending on your selected billing period, until terminated in accordance with these Terms.

10.2 Cancellation by You

You may cancel your subscription at any time through your account settings or by contacting contact@ecomcoder.com. Cancellation will take effect at the end of your current billing period (end of month for monthly plans, end of year for annual plans). You will not receive a refund for any unused portion of your subscription, except as required by law or as stated in Section 10.5.

10.3 Termination by EcomCoder

We may suspend or terminate your access to the service immediately, with or without prior notice, if:

• You breach these Terms or our Acceptable Use Policy
• Your account has been inactive for more than 12 consecutive months
• We are required to do so by law or court order
• Your use of the service poses a security risk, violates applicable laws, or harms other users
• You fail to pay applicable fees within 14 days of receiving a payment failure notice
• You engage in fraudulent, abusive, or illegal activities

10.4 Effect of Termination

Upon termination of your account for any reason:

• Your right to access and use the service will immediately cease
• We will retain your data for 90 days to allow for potential account reactivation
• After 90 days, your data may be permanently deleted from our systems
• You may request a data export before deletion by contacting contact@ecomcoder.com
• All outstanding fees become immediately due and payable
• You must immediately cease using any AI-generated code or content that includes our proprietary technology
• Sections of these Terms that by their nature should survive termination will remain in effect (including Sections 6, 7, 9, 10, 11, and 12)

10.5 EU Right of Withdrawal (14-Day Cooling-Off Period)

If you are a consumer located in the European Union, you have the right to withdraw from this contract within 14 days without giving any reason, in accordance with EU Consumer Rights Directive 2011/83/EU. The withdrawal period expires 14 days from the date of contract conclusion (date of first subscription payment). To exercise your right of withdrawal, you must inform us at contact@ecomcoder.com of your decision to withdraw by a clear statement. If you withdraw, we will reimburse all payments received from you within 14 days of receiving your withdrawal notice. However, if you have requested to begin service during the withdrawal period, you may be required to pay a proportionate amount for services provided.

11. Indemnification

You agree to indemnify, defend, and hold harmless EcomCoder, its operators (Imad Eddine Mokadem and Amin Mokadem), affiliates, partners, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and legal costs) arising from or related to:

• Your use or misuse of the service or AI-generated content
• Your violation of these Terms or any applicable laws or regulations
• Your violation of any rights of another party, including intellectual property rights
• Content you submit, upload, publish, or transmit through the service
• Your Shopify store content, products, or business practices
• Unauthorized access to your account due to your failure to protect your credentials
• Your breach of any representations or warranties made in these Terms

This indemnification obligation will survive termination of these Terms and your use of the service.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

12.2 Informal Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the service (including any question regarding existence, validity, breach, or termination), the parties agree to first attempt to resolve the dispute through good faith negotiation. Either party may initiate negotiations by sending a written notice to the other party describing the dispute. The parties shall attempt to resolve the dispute within 30 days of such notice.

12.3 Jurisdiction and Venue

If the dispute cannot be resolved through negotiation within 30 days, the courts of Zurich, Switzerland shall have exclusive jurisdiction over any disputes arising from these Terms, and you irrevocably consent to the jurisdiction of such courts. The place of jurisdiction shall be Zurich, Switzerland.

12.4 EU Consumer Rights

If you are a consumer located in the European Union, nothing in these Terms affects your mandatory statutory rights under EU consumer protection laws, including the right to bring proceedings in the courts of your country of residence. You may also access the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

12.5 Class Action Waiver

To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Modifications to Terms

We reserve the right to modify, amend, or update these Terms at any time to reflect changes in our service, business practices, legal requirements, or for other operational reasons. We will provide notice of material changes by:

• Updating the "Last Updated" date at the top of this page
• Sending an email notification to your registered email address at least 30 days before changes take effect
• Displaying a prominent notice on the service dashboard

Your continued use of the service after the effective date of the modified Terms constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must cancel your subscription and stop using the service before the changes take effect. Non-material changes (such as clarifications or corrections) may be made without advance notice.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any additional terms you agree to when using specific features, constitute the entire agreement between you and EcomCoder regarding the service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral.

14.2 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable, invalid, or illegal, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The remaining provisions will continue to be valid and enforceable.

14.3 Waiver

No waiver of any term, condition, or provision of these Terms shall be deemed a further or continuing waiver of such term or any other term. EcomCoder's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of EcomCoder.

14.4 Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section shall be null and void. We may freely assign, transfer, or delegate these Terms and our rights and obligations without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.

14.5 Force Majeure

EcomCoder shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, labor disputes, shortages of transportation facilities, fuel, energy, labor or materials, or failures of third-party service providers (including Shopify, Anthropic, Stripe, or hosting providers). During such events, our performance obligations will be suspended.

14.6 Export Compliance

You agree to comply with all applicable export and import control laws and regulations, including Swiss export control regulations, EU export control regulations, and U.S. export control laws. You represent that you are not located in, under the control of, or a national or resident of any embargoed country or on any government list of prohibited or restricted parties.

14.7 Language

These Terms are provided in English. In the event of any conflict between the English version and any translation, the English version shall prevail. Any notice or communication required under these Terms shall be in English or German.

14.8 No Partnership

Nothing in these Terms shall be construed as creating a partnership, joint venture, employment, or agency relationship between you and EcomCoder. Neither party has authority to bind the other or incur any obligation on its behalf.

14.9 Third-Party Beneficiaries

These Terms are for the benefit of and may be enforced only by you and EcomCoder. They do not create any third-party beneficiary rights in any other person or entity, except that Anthropic (Claude AI provider) may be a third-party beneficiary of the AI-related provisions in Section 5.

15. Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us at contact@ecomcoder.com