Effective: January 15, 2025
These Terms of Service ("Terms") apply to your use of VektronAI's AI-powered e-commerce optimization services, including cart recovery, fraud detection, growth optimization, and associated websites and applications (collectively, the "Services"). These Terms form an agreement between you and VektronAI LLC, a Delaware company ("VektronAI," "we," "our," or "us"). By using our Services, you acknowledge and agree to these Terms.
Please read our Privacy Policy, which describes how we collect, use, and protect your personal information. While the Privacy Policy does not form part of these Terms, it is an important document you should read.
Eligibility. You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. If you are using our Services on behalf of a business, you represent that you have the authority to bind that business to these Terms.
Account Registration. You must provide accurate, complete, and current information when creating an account. 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 of any unauthorized use of your account.
Business Use Only. Our Services are designed for business use. You may not use our Services for personal, non-commercial purposes.
Grant of License. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes during the subscription term.
Acceptable Use. You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not:
Service Modifications. We may modify, suspend, or discontinue any aspect of the Services at any time. We will provide reasonable notice for material changes that adversely affect your use of the Services.
Subscription Fees. You agree to pay all fees associated with your selected subscription plan. All fees are quoted in U.S. dollars and are exclusive of applicable taxes, which you are responsible for paying.
Payment Terms. One-time setup fees are due immediately upon subscription. Monthly retainer fees (if applicable) are billed in advance on a recurring basis. All payments are processed through Stripe, and you authorize us to charge your payment method for all applicable fees.
90-Day Break-Even Guarantee. We guarantee that you will recover your initial investment within 90 days through increased revenue, or we will provide a full refund of your setup fee. This guarantee is subject to the following conditions:
Non-Refundable Fees. Except for the 90-Day Break-Even Guarantee, all fees paid are non-refundable. No refunds will be provided for partial months or unused services.
Price Changes. We may adjust our prices with 30 days' notice. Price changes will apply to your next renewal period.
Our Property. The Services, including all content, features, functionality, and technology, are owned by VektronAI and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services.
Your Data. You retain all rights to the data you provide to us ("Customer Data"). By using our Services, you grant us a limited license to use, process, and store Customer Data solely to provide the Services to you and as described in our Privacy Policy.
Feedback. If you provide us with any feedback, suggestions, or recommendations regarding our Services ("Feedback"), you grant us an unlimited, perpetual, irrevocable, royalty-free license to use such Feedback for any purpose without compensation to you.
Aggregated Data. We may collect and use aggregated, anonymized data derived from your use of the Services for our business purposes, including improving our Services and developing new features. Such aggregated data will not identify you or your business.
Each party may have access to confidential information of the other party. "Confidential Information" means all non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information.
Each party agrees to:
These obligations do not apply to information that: (a) is or becomes publicly known through no fault of the receiving party; (b) was rightfully known by the receiving party before disclosure; (c) is independently developed without use of Confidential Information; or (d) must be disclosed by law.
Our Warranties. We warrant that we will provide the Services in a professional and workmanlike manner consistent with industry standards. We warrant that we have the right to provide the Services to you.
Your Warranties. You warrant that: (a) you have the right to provide us with Customer Data; (b) your use of the Services will comply with all applicable laws; and (c) you will not use the Services to infringe on the rights of third parties.
DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
You agree to indemnify, defend, and hold harmless VektronAI and our officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
We will indemnify, defend, and hold you harmless from claims that the Services infringe a third party's intellectual property rights, provided you promptly notify us of the claim and cooperate with our defense.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VEKTRONAI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
Term. These Terms commence on the date you first access the Services and continue until terminated as set forth below.
Termination by You. You may terminate your subscription at any time by providing 30 days' written notice to us. Monthly retainers may be cancelled at any time with 30 days' notice. Termination will be effective at the end of the current billing period.
Termination by Us. We may terminate or suspend your access to the Services immediately, without prior notice or liability, if:
Effect of Termination. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Data Export. For 30 days following termination, you may request export of your Customer Data. After this period, we may delete your Customer Data, except as required by law.
Informal Resolution. Before filing a formal legal claim, you agree to try to resolve any dispute informally by contacting us at ermal@vektronai.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days of submission, you or VektronAI may bring a formal proceeding.
Arbitration. Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, and judgment on the award may be entered in any court having jurisdiction.
CLASS ACTION WAIVER. YOU AND VEKTRONAI 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.
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and VektronAI regarding the Services and supersede all prior agreements and understandings.
Amendment. We may modify these Terms at any time by posting the revised Terms on our website. Material changes will be notified via email or through the Services with 30 days' notice. Your continued use of the Services after the effective date constitutes acceptance of the modified Terms.
Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision shall not constitute a waiver of such right or provision.
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights under these Terms without restriction.
Force Majeure. Neither party shall be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, or acts of civil or military authorities.
If you have any questions about these Terms of Service, please contact us:
VektronAI LLC
Email: ermal@vektronai.com
For all inquiries, please email ermal@vektronai.com.