Terms of Service

These Terms of Service constitute a legally binding agreement between you (whether individually or representing a corporate brand or merchant entity, "Client", "you", or "your") and EcomAmigo LLC ("EcomAmigo", "we", "us", or "our").

By visiting our website, requesting a free forensic store audit, booking a consultation call, or executing an operational statement of work, you confirm that you have read, understood, and agreed to be bound by all of these Terms of Service. If you do not agree with all of these terms, you must immediately discontinue use of our site and services.

EcomAmigo provides professional, managed e-commerce agency services across multi-channel retail ecosystems, including:

• Marketplace Storefront Management: Ongoing catalog hygiene, listing creation, variation mapping, and backend attribute optimization on Amazon, TikTok Shop, Walmart, and Shopify.
• Advertising & PPC Management: Campaign architecture, negative keyword harvesting, bid management, and Total Advertising Cost of Sale (TACoS) monitoring.
• Inventory & Inbound Planning: Replenishment forecasting, FBA and WFS shipment manifest generation, and stranded inventory triage.
• Brand Protection & Customer Care: Account health monitoring, Buy Box defense, IP notification assistance, and buyer message SLAs.

The specific deliverables, SKU counts, and managed channels for any active engagement are defined in the Client's applicable retainer tier (Launch, Growth, or Scale) and confirmed in the mutual operational onboarding document.

Our engagements operate on straightforward, predictable monthly retainers:

Client Ownership: Client retains sole and exclusive ownership of all pre-existing trademarks, brand assets, product photography, catalog data, customer reviews, and sales data. Any A+ Content, Brand Story graphics, or copy written by EcomAmigo for Client's storefronts becomes the permanent property of Client upon payment of applicable retainers.

Agency Intellectual Property: EcomAmigo retains sole ownership of its proprietary internal operating procedures, diagnostic software scripts, analytical spreadsheet templates, forecasting models, and agency workflows developed independently of Client engagements.

Client acknowledges that third-party marketplaces (Amazon.com, Inc., TikTok Inc., Walmart Inc., and Shopify Inc.) operate independent, dynamic platforms governed by their own proprietary terms, algorithmic rankings, and policy enforcement mechanisms.

While EcomAmigo strictly adheres to all official marketplace Terms of Service and exercises professional care to safeguard account health:

• Client is solely responsible for product safety certifications, regulatory compliance (e.g., FDA, FTC, EPA), authentic manufacturer warranties, and IP non-infringement.
• Third-party marketplaces hold ultimate authority over listing suppressions, Buy Box algorithms, inventory storage limits, and account enforcement. EcomAmigo cannot be held liable for unilateral platform decisions made by third-party marketplace operators.

Disclaimer of Specific Sales Guarantees

E-commerce sales velocity and advertising return on ad spend (ROAS) are influenced by external market forces, supply chain availability, competitor pricing, and macroeconomic factors beyond any agency's control. Accordingly, EcomAmigo provides services on an "as-is" professional effort basis and does not guarantee specific numerical revenue figures or profit margins.

Cap on Liability

To the maximum extent permitted by applicable law, neither EcomAmigo LLC nor its officers, employees, or contractors shall be liable for indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or goodwill). In no event shall our total aggregate liability arising out of or related to this agreement exceed the total retainers paid by Client to EcomAmigo in the three (3) months preceding the incident giving rise to liability.

Client agrees to defend, indemnify, and hold harmless EcomAmigo LLC against any third-party claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from: (a) defects or safety claims concerning Client's physical products; (b) Client's infringement of third-party intellectual property or patents; or (c) Client's breach of applicable laws.

EcomAmigo agrees to defend, indemnify, and hold harmless Client against third-party claims resulting directly from gross negligence, willful misconduct, or unauthorized public disclosure of Client's confidential proprietary data by our personnel.

These Terms of Service and any commercial dispute arising between Client and EcomAmigo shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.

The parties agree to attempt in good faith to resolve any dispute through informal executive mediation before initiating legal proceedings. If informal mediation fails within thirty (30) days, the dispute shall be resolved through confidential binding arbitration administered by the American Arbitration Association (AAA) in the County of San Diego, California.