Effective Date: January 1, 2024

Binding Agreement:
By scheduling a consultation call, submitting payment, or using any of the Services provided by eCom Triage, You acknowledge that You have read, understood, and agreed to be legally bound by these Terms of Service. If You do not agree to these Terms, You must not access or use the Services.

THESE TERMS OF SERVICE (“TOS”) FORM A LEGAL AGREEMENT BETWEEN YOU, THE END USER (“YOU” OR “YOUR”), ON THE ONE HAND, AND DANAN ENTERPRISES, INC. D/B/A ECOM TRIAGE (“ECOM TRIAGE”) AND ITS AFFILIATES AND SUBSIDIARIES, ON THE OTHER HAND. THIS AGREEMENT GOVERNS YOUR USE OR ACCESS OF ECOM TRIAGE’S WEBSITES, ONLINE PLATFORM, SERVICES, MOBILE APPLICATIONS, AND ASSOCIATED WEBPAGES OR PORTALS, AND ANY DIGITAL COMMUNICATION WITH ECOM TRIAGE PERSONNEL (COLLECTIVELY, THE “SERVICES”). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

IN PARTICULAR, THIS TOS CONTAINS (1) AN ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A COURT HEARING AND/OR A JURY TRIAL AND (2) A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICES AND SHOULD CEASE USE IMMEDIATELY.

1. General Services
eCom Triage, located at 207 Vine Ave., Clearwater, FL 33755, offers Services designed to (i) identify product reviews on Amazon that appear to violate Amazon’s Community Guidelines (generally negative reviews below 4 stars) and submit them to Amazon for potential removal, and (ii) provide consulting services related to Amazon account strategy, performance optimization, brand protection, and compliance. The Services may include a combination of AI-assisted tools, human review, communication with third parties, case management, and strategic consulting based on Your account data or business goals.

No Guarantee of Outcome:
You acknowledge and agree that eCom Triage does not and cannot guarantee the removal of any particular review, the success of any consultation, or any specific outcome from the Services. Any actions taken on Your behalf are subject to the policies, discretion, and decisions of Amazon and other third parties, which are outside of eCom Triage’s control.

Acknowledgment of Risk:
By using the Services, You expressly acknowledge and accept all risks associated with the process, including but not limited to the possibility that Amazon will not remove certain reviews, may reject certain submissions or strategies, or may take additional actions that could affect Your Amazon account or business in ways that are unforeseeable or beyond eCom Triage’s control.

2. User Compliance and Responsibility
You represent that You are at least eighteen (18) years of age (or the age of majority in Your jurisdiction, if older) and that You will at all times provide true, accurate, current, and complete information when using the Services. You are responsible for compliance with all applicable laws, rules, regulations, and any third-party platform terms, including but not limited to Amazon’s terms and policies. You agree that eCom Triage is not responsible or liable for any non-compliance or alleged violation related to Your use of the Services or Your business operations.

While eCom Triage is providing Services on Your account, You agree not to file, submit, or direct any review-removal or related moderation cases with Amazon or any third party for any ASINs, listings, or accounts that eCom Triage is actively managing. Any such activity constitutes interference with the Services and may result in suspension or termination of Services under Section 12.

3. Your Account
You may be required to register an account. Each registration is for a single user unless otherwise agreed in writing. You agree to keep login credentials confidential and to notify eCom Triage immediately of any unauthorized use. eCom Triage may suspend or terminate Your account if it suspects that the information You provided is inaccurate or that Your account is otherwise in violation of this TOS or applicable law.

4. Electronic Communications
You consent to receive electronic communications (e.g., emails, in-service notifications) from eCom Triage. These communications may include notices regarding Your account or the Services and constitute legal notices in writing.

5. Electronic Signature Consent
Your electronic signature is the legal equivalent of Your manual signature. Selecting an “I agree” button, checking a box, or otherwise indicating consent electronically binds You to this TOS as if actually signed by You in writing.

6. Submissions
You may be able to upload, post, or transmit content, data, or information (“Submissions”). By doing so, You grant eCom Triage a royalty-free, fully transferable, sublicensable license to use, display, reproduce, distribute, modify, and create derivative works of Your Submissions to operate, improve, and market the Services.

You will not submit any material that is illegal, infringing, harmful, abusive, or otherwise objectionable. eCom Triage may but is not required to screen, remove, or review Submissions, and shall have no liability for third-party content.

You represent and warrant that You have all necessary rights and authority to provide such Submissions.

7. Purchases and Payments
If You purchase any products or services from eCom Triage, the fees, payment terms, renewal conditions, and applicable taxes will be presented at the time of purchase. All purchases are final unless otherwise stated. You are responsible for the accuracy of Your payment information and all transactions made under Your account, including unauthorized ones.

8. Third-Party Services and Disclaimer of Third-Party Actions
The Services may integrate with or link to third-party platforms, such as Amazon. eCom Triage is not responsible for and makes no warranties regarding any third-party actions, decisions, or policies.

Release of Claims Against Third Parties: You expressly release eCom Triage from any claims or liability arising from the actions or omissions of third parties, including Amazon. You understand and agree that changes in Amazon’s policies, the removal or non-removal of reviews, or any other third-party actions that affect Your business are beyond eCom Triage’s control, and You assume all risks related thereto.

9. Proprietary Rights
All intellectual property rights related to the Services are owned by or licensed to eCom Triage. No right or license is granted except as expressly provided in this TOS.

10. Indemnification and Hold Harmless
You agree to indemnify, defend, and hold harmless eCom Triage, its officers, directors, employees, agents, successors, and assigns from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) Your use of the Services; (ii) Your violation of this TOS; (iii) Your infringement or violation of any third-party rights; (iv) Your non-compliance with third-party policies, including Amazon’s terms; and (v) any Submissions You provide.

Hold Harmless: In addition to indemnification, You expressly agree to hold eCom Triage harmless from any and all claims or damages, including but not limited to loss of revenue, decreased sales, or business interruptions resulting directly or indirectly from third-party actions or inactions, including Amazon’s refusal to remove or alteration of any reviews, any suspension, penalty, or other actions taken by Amazon, or any external factors outside eCom Triage’s control.

11. Disclaimers and Excluded Liability
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ECOM TRIAGE DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

ECOM TRIAGE DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR EXPECTATIONS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ECOM TRIAGE FURTHER DISCLAIMS ANY RESPONSIBILITY FOR DAMAGES OR LOSS RESULTING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ECOM TRIAGE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUES, PROFITS, OR GOODWILL, EVEN IF ECOM TRIAGE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL ECOM TRIAGE’S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO ECOM TRIAGE FOR THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO THE CLAIM, OR TEN U.S. DOLLARS ($10) IF NO SUCH PAYMENTS WERE MADE.

ANY CONTENT, ARTICLES, GUIDES, CASE STUDIES OR OTHER INFORMATIONAL MATERIALS PROVIDED ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. ECOM TRIAGE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETELESS, OR TIMELINESS OF SUCH MATERIALS, AND YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH CONTENT IS SOLELY AT YOUR OWN RISK.

12. Term, Termination, and Suspension
This TOS is effective upon Your first use of the Services. eCom Triage may suspend or terminate Your access at any time, with or without notice, for any violation of this TOS or if eCom Triage suspects fraudulent or unlawful activity. Upon termination, all licenses granted hereunder immediately cease.

If You terminate by ceasing use, any pending submissions will continue for up to a 60-day period for invoicing purposes.

The provisions of this TOS related to ownership, indemnification, liability limitations, disclaimers, arbitration, and governing law shall survive termination.

13. Arbitration and Class Action Waiver
Any dispute arising from or related to this TOS shall be resolved by binding, confidential arbitration under the Commercial Arbitration Rules of the American Arbitration Association, with a single arbitrator seated in or near Clearwater, Florida. The arbitrator’s decision shall be final. The prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.

YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS-WIDE ARBITRATION, OR OTHER COLLECTIVE RELIEF AGAINST ECOM TRIAGE. YOU MUST PURSUE ANY CLAIMS SOLELY ON AN INDIVIDUAL BASIS.

14. Governing Law and Venue
This TOS is governed by the laws of the State of Florida without regard to its conflict of laws principles. Subject to the arbitration provision above, any disputes shall be brought exclusively in the state or federal courts located in or near Pinellas County, Florida.

15. Security and Compliance
eCom Triage may monitor and record Your use of the Services for compliance and security purposes. eCom Triage will comply with lawful requests or requirements from government entities or courts regarding Your use of the Services.

16. Export Controls
You represent that You are not located in a country subject to U.S. embargo and are not on any U.S. government prohibited party list. You agree to comply with all applicable sanctions and export control laws.

17. Severability and Waiver
If any provision of this TOS is deemed invalid or unenforceable, the remaining provisions shall remain in full force. Failure to enforce any right or provision is not a waiver of such right or provision.

18. Injunctive Relief
You agree that a breach or threatened breach of this TOS may cause irreparable harm to eCom Triage. eCom Triage shall be entitled to seek injunctive or other equitable relief without posting bond or proving damages.

19. Changes to Terms
eCom Triage may modify this TOS by posting revised terms or providing notice. Continued use of the Services following such changes constitutes Your acceptance of the revised TOS.

20. Fees, Cancellations, and Offboarding

Non-Refundable Onboarding Fees:
All onboarding or setup fees are non-refundable once payment has been processed. These fees cover administrative and operational costs that are incurred at the start of service and are not contingent on duration of service or outcome.

Cancellation of Service, Cancellation of ASINs and Offboarding:
You may cancel Services at any time by providing written notice to eCom Triage. A 30-day offboarding period will begin upon eCom Triage’s acknowledgment of the cancellation notice. During this period, no new Services will be initiated, but eCom Triage may continue to process and close existing open submissions or tickets.

If you elect to discontinue eCom Triage Services for any individual ASIN that is currently active, a 30-day ramp-down period will automatically apply for that ASIN. During this ramp-down period, eCom Triage will continue to manage and close all existing cases and related submissions for the ASIN, but no new cases will be initiated. Cancellation of ASIN-specific case-filing services will be deemed effective at the end of the 30-day ramp-down period, after which all associated obligations for that ASIN will terminate.

Final Billing Date:
The final billable date will occur on the fourth Monday following the cancellation notice, regardless of the day of the week on which cancellation is submitted. You remain responsible for all applicable fees through the final billing date.

Final Billing Date:
If any fees owed under this Agreement remain unpaid for more than seven (7) calendar days after the due date, eCom Triage reserves the right to suspend or terminate Your access to the Services until all outstanding amounts are paid in full. Continued non-payment may result in referral of the delinquent account to a third-party collections agency.

You agree to reimburse eCom Triage for any costs incurred in collecting overdue amounts, including but not limited to reasonable attorneys’ fees, collection agency fees, court costs, and interest at the lesser of 1.5% per month or the maximum rate permitted by law.

Prior to initiating collections, eCom Triage will make at least one (1) good-faith attempt to notify You of the unpaid balance using the contact information provided on Your account.

21. Contact Us
If You have questions regarding these Terms of Service, please contact:

eCom Triage
207 Vine Ave.
Clearwater, FL 33755

legal@ecomtriage.com