1. Definitions

• Account Owner: The individual or entity who purchases or is granted access to the Service and is responsible for User management and payment.
• User: Any individual authorized by the Account Owner to access the Service.
• Customer Data: Any content or information submitted to the Service by Users.
• AI Features: Any functionality within the Service powered by machine learning or artificial intelligence.

2. Eligibility

You must be at least 18 years old and capable of entering into a binding agreement. If you are accessing the Service on behalf of a company, you represent that you have the authority to bind that company.

3. Access and Account Management

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. ECSite is not liable for any loss or damage arising from unauthorized use of your account.

4. License and Use of Service

ECSite grants you a non-exclusive, non-transferable, revocable license to use the Service, subject to these Terms. You agree not to:

• Resell or sublicense the Service;
• Reverse-engineer or attempt to extract source code;
• Use the Service for unlawful purposes;
• Interfere with the Service’s functionality or security.

5. Customer Data and Privacy

You retain ownership of your Customer Data. By using the Service, you grant ECSite the right to process, host, and display your Customer Data as necessary to provide the Service.

Our collection and use of personal data is governed by our Privacy Policy, which complies with applicable privacy laws including GDPR and CCPA.

6. AI Features and Limitations

The Service includes features powered by artificial intelligence (AI) and machine learning. You acknowledge that:

• AI-generated outputs may be incomplete or inaccurate;
• AI is not a substitute for human oversight;
• You are solely responsible for any decisions made based on AI outputs;
• ECSite does not use your Customer Data to train external or public AI models.

7. Fees and Payment

You agree to pay all applicable fees for the Service in accordance with your plan. Payments are due as outlined in your agreement or invoice. ECSite may suspend access to the Service for late payments. Fees are non-refundable except as required by law.

8. Termination

Either party may terminate these Terms with 30 days’ written notice. ECSite may suspend or terminate access immediately for:

• Breach of these Terms;
• Non-payment;
• Use that threatens Service security or functionality.

Upon termination, your access will end and Customer Data will be deleted within 60 days unless otherwise agreed.

9. No-Charge and Beta Features

ECSite may offer features at no charge or as beta. These are provided “as-is,” may change or be discontinued at any time, and are not covered by standard support or SLAs.

10. Third-Party Services

The Service may integrate with third-party products. ECSite is not responsible for third-party services or data handling practices.

11. Intellectual Property

ECSite retains all rights, title, and interest in the Service, including trademarks, software, and documentation. You may not use ECSite branding without written consent.

12. Confidentiality

Both parties agree to protect the confidentiality of non-public business, technical, or financial information disclosed in connection with the Service.

13. Indemnification

You agree to indemnify and hold harmless ECSite from any third-party claims arising out of:

• Your use of the Service;
• Violation of these Terms;
• Your Customer Data.

14. Disclaimers

The Service is provided “as is.” ECSite disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement.

15. Limitation of Liability

ECSite’s total liability is limited to the fees paid by you in the twelve (12) months preceding the event giving rise to the claim. We are not liable for indirect, incidental, or consequential damages.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, USA. Any disputes will be resolved by binding arbitration in Santa Clara County, California, under the rules of the American Arbitration Association (AAA). You waive any right to a class action.

17. Changes to Terms

We may update these Terms from time to time. We’ll notify you of material changes. Continued use of the Service after changes take effect constitutes your acceptance.

18. Contact

ECSite, Inc.
254 E. Hacienda Ave., Ste. C
Campbell, CA 95008
ops@ecsiteapp.com

Let me know if you'd like a shorter customer-facing summary version or a localized version for AU clients.