Terms of Use - EcomBuddha

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE ECOMBUDDHA PLATFORM. BY ACCESSING, REGISTERING, OR USING THE PLATFORM IN ANY MANNER, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE PLATFORM.

These Terms of Use (“Terms”) constitute a binding legal agreement between you (“User”, “you”, or “your”) and DIGICOM BUDDHA TECH PRIVATE LIMITED, a company incorporated under the Companies Act, 2013, having its registered office at No. 1, 116, C/o Naveen Kumar Nutheti, Rashtravi Kuvempu, BTM 2nd Stage, MICO Layout, Bengaluru, Karnataka – 560076, India (referred to herein as “EcomBuddha”, “we”, “us”, or “our”). These Terms govern your access to and use of the EcomBuddha platform, including all associated software, tools, AI-powered services, APIs, browser extensions, analytics, website (www.ecombuddha.ai), and any other products or services offered by us (collectively, the “Platform” or “Services”).

If you are accessing or using the Platform on behalf of a company, organisation, or other legal entity, “you” shall include both you as an individual and that entity. You represent and warrant that: (a) you are duly authorised to bind the entity to these Terms; and (b) you accept these Terms on the entity’s behalf.

IMPORTANT NOTICE — PLEASE READ

Availability. The Platform is currently offered only to Users in India and the United States (Clause 1.1). Region-specific terms for other countries are inactive until we begin operating there (Clause 15.2).

Arbitration. These Terms contain a binding arbitration agreement (Clause 15). Most disputes will be resolved by individual arbitration rather than in court, subject to limited exceptions (including small-claims matters and urgent or injunctive relief).

Class-action waiver and opt-out (United States). If you access the Platform from the United States, Clause 15.2.1 includes a waiver of class actions and class arbitrations, and gives you the right to opt out of arbitration by written notice within thirty (30) days of your initial registration.

Liability, warranties, and AI output. These Terms limit our liability (Clause 9) and provide the Platform on an “as is” basis (Clause 8). AI-Generated Content is produced by automated systems, is not guaranteed to be accurate, original, or non-infringing, and must be reviewed and approved by you before any commercial use (Clause 3).

Your non-waivable rights. Nothing in these Terms excludes or limits any rights or remedies that cannot be excluded or limited under the laws applicable to you, including non-waivable consumer-protection and data-protection rights.

1. ACCESS AND ACCOUNT REGISTRATION

1.1 Geographic Scope and Availability

As of the Effective Date, EcomBuddha offers, markets, and makes the Platform available only to Users in India and the United States. We do not target, market to, or intend to onboard Users located in other regions until we establish operations there. If you access the Platform from outside these regions, you do so on your own initiative and at your own risk, and you are responsible for compliance with the laws of your location; we make no representation that the Platform is appropriate or available for use in your location. Region-specific provisions for other countries (Clause 15.2) are inactive until activated as described in that Clause. This Clause does not exclude, and is not intended to exclude, any mandatory law that applies to us or to you by its own terms (see Clause 15.2).

1.2 Eligibility

You must be at least 18 years of age to register for or use the Platform. By registering, you represent and warrant that you meet this requirement and that all information you provide is accurate, current, and complete. We reserve the right to refuse access or terminate accounts where information is found to be inaccurate, outdated, or incomplete. The Platform is intended for business use; it is not directed to children. If we become aware that an account has been registered by a person under 18, we will suspend the account and delete associated personal data in accordance with applicable law.

1.3 Account Security

1.3.1 Your Responsibility

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity under your Account. You must notify us immediately at info@ecombuddha.in upon becoming aware of any unauthorised access to or use of your Account. EcomBuddha shall not be liable for losses arising from unauthorised account use resulting from your failure to safeguard your credentials. We may require multi-factor authentication and may suspend access where we reasonably suspect compromise, fraud, or security risk.

1.3.2 Our Access to Your Account

Separately from your own use of the Account, EcomBuddha is able to access your Account and the Content within it. We do so only where it is necessary to operate, maintain, or secure the Platform; to provide support that you request; to investigate suspected fraud, abuse, or a security incident; or to comply with applicable law or a lawful request from a competent authority. Such access is restricted to personnel who require it for those purposes and is subject to internal access controls and confidentiality obligations, as described further in our Privacy Policy.

1.4 Third-Party Authentication

We may permit login via third-party authentication services (such as Google OAuth). Such services are independent third-party platforms, and we are not responsible for their security, data practices, or terms of service. Your use of third-party login is subject to the terms of those services.

2. PAID PLANS, PAYMENT, AND USER OBLIGATIONS

2.1 Paid Plans: Subscriptions, Credits, and Renewals

Access to paid features of the Platform is offered on two models, which may be used together: (a) a recurring Subscription, giving access to a defined set of features for a recurring period; and (b) Pay-as-you-go, under which you purchase prepaid Credits and consume them as you use metered features, without a recurring commitment. The available models, features, prices, and Credit-consumption rates are as displayed on the Platform at the time of purchase. All amounts are payable in advance.

2.1.1 Subscriptions

Upon selecting a Subscription, you authorise EcomBuddha to charge the applicable fees to your designated payment method for the initial period and for each renewal. Subscriptions automatically renew at the end of each billing period (monthly or annual, as selected) at the then-current rate, unless cancelled before the renewal date. You may cancel or modify your Subscription at any time, by at least the same means through which you subscribed — including the self-service functionality within the Platform, the in-app support chat, or by emailing info@ecombuddha.in. Cancellation takes effect at the end of the then-current billing period; you retain access to paid features until that date.

2.1.2 Pay-as-You-Go Credits

Credits are purchased in advance and charged to your payment method at the time of purchase. Credits are consumed as you use the corresponding metered features. Credits remain valid for the lifetime of your Account while it is active and in good standing; they do not automatically renew, are not a deposit, accrue no interest, and hold no cash value. Unless required by applicable law or expressly stated otherwise, unused Credits are non-refundable (see Clause 7) and are not transferable between accounts.

2.1.3 Account Closure, Forfeiture, and Discontinuation

If we terminate your Account for your breach of these Terms, any unused Credits are forfeited. If you voluntarily close your Account, you may request a refund of unused purchased Credits within sixty (60) days of closure by writing to info@ecombuddha.in; we will refund the amount paid for those Credits to your original payment method. Promotional, trial, or bonus Credits hold no cash value and are forfeited on closure, and unused purchased Credits not claimed within that sixty (60)-day window are forfeited. If we terminate your Account for convenience, or we permanently discontinue the Credits model or the Platform, we will give you at least ninety (90) days’ notice where practicable and will refund your unused purchased Credits on a pro-rata basis (or as otherwise required by applicable law).

2.1.4 Renewal Reminders and Price Changes

For annual Subscriptions, we will send a renewal reminder to your registered email a reasonable time before the renewal date, and in any event not less than thirty (30) days before that date. For Users in the United States, this reminder will be sent between fifteen (15) and forty-five (45) days before the renewal date and will state the renewal date, the amount and frequency of the charge, and clear instructions on how to cancel, in accordance with applicable automatic-renewal laws (including the California Automatic Renewal Law). We may change Subscription fees, Credit prices, or Credit-consumption rates from time to time; any increase takes effect only from your next Subscription renewal or your next Credit purchase (as applicable), does not affect Credits already purchased, and for Subscriptions we will give at least thirty (30) days’ prior notice. If you do not accept a change, you may cancel before it takes effect or stop purchasing Credits; continued use after the effective date constitutes acceptance.

2.2 Payment and Taxes

2.2.1 Fees, Currency, and Taxes

All fees are payable in advance in the currency presented at checkout — Indian Rupees (INR) for Indian accounts and United States Dollars (USD) for US accounts, or such other currency as we may agree or present. Fees are exclusive of taxes. You are responsible for all applicable transaction taxes — including India GST, US state and local sales/use tax, and any equivalent taxes, levies, or duties — other than taxes on EcomBuddha’s net income. Where we are required to collect such taxes, we will add them to your invoice or charge. Where applicable law requires you to withhold tax, you will provide valid tax documentation and the amount payable will be grossed up so that we receive the full fee net of that withholding. You are responsible for keeping your payment information accurate and valid.

2.2.2 Failed or Overdue Payments

Because paid access is prepaid, access is granted only against cleared payment; if a payment fails, is reversed, or (for any account we have agreed to invoice) remains unpaid by its due date, we may suspend or terminate your access to paid features and withhold further delivery until the amount is paid. For enterprise or other accounts invoiced on agreed credit terms, we may charge simple interest on undisputed amounts that remain overdue, at the rate (if any) set out in the applicable Order Form or otherwise at the maximum rate permitted by applicable law, and may recover reasonable costs of collection. If you have a billing concern, please contact us first at info@ecombuddha.in so that we can attempt to resolve it in good faith. If a payment-card chargeback or payment dispute is initiated, we may suspend access to paid features while the dispute is pending and until it is resolved; nothing in this paragraph limits any rights you have under applicable card-network rules or law.

2.3 Free Trials and Promotional Access

Where we offer a Free Trial or promotional Credits, they are provided for the duration and on the terms stated at sign-up, are limited to one per user or entity unless we state otherwise, and are for evaluation only. If a Free Trial requires a payment method and you do not cancel before it ends, your access may automatically convert to a paid Subscription using the payment method on file, and you authorise the corresponding charge. Where such a Free Trial lasts longer than seven (7) days, we will send a reminder to your registered email a reasonable time before the trial ends and the first charge is applied. We may modify, condition, or withdraw Free Trials and promotions at any time, and may withhold them from users we reasonably believe are abusing them.

2.4 Acceptable Use and Prohibited Conduct

2.4.1 Prohibited Conduct

The Platform may be used only for lawful, internal business purposes and in compliance with these Terms and all applicable laws. You expressly agree not to:

Use the Platform in any manner that damages, disrupts, overloads, or impairs its functionality or infrastructure, or that circumvents usage limits, rate limits, or access controls;
Transmit malicious code, viruses, Trojan horses, worms, or any other harmful components;
Attempt to reverse-engineer, decompile, disassemble, or otherwise derive source code, model weights, or prompt structures from the Platform;
Resell, sublicense, or otherwise commercially exploit any portion of the Platform without our written consent, or use the Platform to build or benchmark a competing product or service;
Use any automated means (including bots, crawlers, or scripts) to access, scrape, or extract data from the Platform, except as expressly permitted by us;
Create derivative works based on any part of the Platform without our express written authorisation;
Use framing, mirroring, or caching techniques to capture or redistribute Platform content;
Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
Use information obtained through the Platform to solicit, market to, or contact third parties without their consent;
Remove or alter any intellectual-property notices, branding, or proprietary markings on the Platform;
Use the Platform, or the AI features, to generate or distribute content that is unlawful, deceptive, defamatory, obscene, fraudulent, infringing, or that violates the policies of any marketplace or third-party platform to which you publish (including Amazon);
Use the Platform in violation of applicable export-control or economic-sanctions laws (including US sanctions administered by OFAC). You represent that you are not located in, and are not a national or resident of, any country or territory subject to comprehensive sanctions, and that you are not listed on any applicable restricted-party or sanctions list.

2.4.2 Monitoring and Confidentiality

We may, but are not obliged to, monitor, filter, refuse, or remove content or activity that we reasonably believe violates this Clause or applicable law. You agree to keep all proprietary or confidential aspects of the Platform, including its underlying AI models, algorithms, and prompt structures, strictly confidential. This obligation survives termination of these Terms.

3. AI-GENERATED CONTENT AND USER RESPONSIBILITIES

3.1 User Content and Input Rights

By uploading or submitting User Content to the Platform, you represent and warrant that you own or hold all necessary rights, licences, and permissions for such content, including any images, text, trademarks, or other materials submitted for AI processing. If it comes to our attention that you do not hold appropriate rights to submitted content, we reserve the right to remove such content from our systems without prior notice and without liability to you.

You are solely responsible for all User Content you upload, submit, import, or use to generate outputs through the Platform, and for ensuring such content complies with all applicable laws, regulations, and third-party intellectual-property rights.

3.2 Licence to User Content and Limits on Model Training

3.2.1 Licence Grant

By submitting User Content to the Platform, you grant EcomBuddha a non-exclusive, worldwide, royalty-free licence to host, store, process, and use such content solely to: (a) operate and deliver the Services to you; (b) maintain, secure, troubleshoot, and improve the Platform; and (c) create demonstrations, samples, or marketing examples, subject to and only as permitted by Clause 6.4.

3.2.2 Model-Training Restriction

We will not use (i) Third-Party Data (including Amazon data), or (ii) personal data relating to your customers, to train or fine-tune generative AI models. Any use of other User Content to improve our models will be limited to de-identified or aggregated data that cannot reasonably be associated with you or any identifiable individual, and will be carried out only to the extent permitted by applicable law and by the policies of any connected third-party platform. Enterprise customers may request, in writing, that their User Content be excluded from all model-improvement use.

3.3 Third-Party AI Providers (Sub-Processors)

The Platform delivers certain generative features using Third-Party AI Providers (which may include providers such as Anthropic, OpenAI, and Google). To generate output, your inputs (which may include User Content) may be transmitted to these providers solely to produce the requested results. We use such providers under business/enterprise or API terms and configure our use so that, to the extent such options are offered by the provider, your inputs are not used by the provider to train its foundation models. A current list of material sub-processors is available on request and is described in our Privacy Policy. We impose appropriate confidentiality and data-protection obligations on our sub-processors.

3.4 AI-Generated Content: Disclaimer and Your Responsibility

3.4.1 Nature and Limits of AI-Generated Content

The Platform uses artificial intelligence and automated systems to generate product titles, descriptions, bullet points, backend keywords, lifestyle images, and other e-commerce content. You acknowledge and agree that:

AI-Generated Content may be inaccurate, incomplete, misleading, or may in some cases resemble or infringe third-party rights. EcomBuddha does not guarantee or verify the accuracy, originality, or legal compliance of any AI-Generated Content;
AI-Generated Content is provided for general business assistance only and does not constitute legal, financial, marketing, or any other form of professional advice;
You are solely responsible for reviewing, validating, and approving all AI-Generated Content before any public, commercial, or operational use. Use of AI-Generated Content without prior review is entirely at your own risk;
EcomBuddha does not warrant the originality, non-infringement, or copyright eligibility of AI-Generated Content. You are solely responsible for determining appropriate usage rights and obtaining any necessary clearances.

3.4.2 Mandatory Review Before Publication

Before publishing or commercially deploying any AI-generated images or product listings, it is your responsibility to thoroughly review and sign off on the generated content. This step is mandatory to ensure the output aligns with your intentions, your brand standards, and applicable marketplace policies.

3.5 Rights in AI-Generated Content

Subject to your payment of applicable fees and your compliance with these Terms, EcomBuddha assigns to you, to the extent it holds any assignable right, title, and interest, and otherwise grants you a worldwide, perpetual, irrevocable, royalty-free licence to use, reproduce, modify, distribute, and commercially exploit, the AI-Generated Content created for you through the Platform. You acknowledge that, by the nature of generative AI: (a) AI-Generated Content may not be protectable by copyright or other intellectual-property rights; and (b) similar or identical output may be generated for, or independently created by, other users; and accordingly EcomBuddha does not grant you any exclusive rights in, and makes no warranty as to the exclusivity, ownership, or protectability of, AI-Generated Content. EcomBuddha retains all rights in the Platform and its underlying models used to generate such output.

3.6 AI-Generated Lifestyle Images

Where the Platform offers AI image generation, you affirm by submitting input data (including reference images, product photos, or textual descriptions) that you hold all necessary rights and permissions for such inputs. EcomBuddha processes submitted inputs solely to generate the requested outputs and does not claim ownership over those outputs beyond the rights reserved in Clause 3.5. You acknowledge that AI-generated images may exhibit unintended artefacts, may bear resemblance to existing works, or may not achieve the intended commercial or aesthetic result, and EcomBuddha makes no warranty regarding their suitability, accuracy, or originality.

4. BROWSER EXTENSION AND BROWSER DATA

4.1 Scope of Extension Access

EcomBuddha offers an optional browser extension (the “Extension”) to assist with Amazon Seller Central workflows. Where you install and activate the Extension, EcomBuddha accesses data from your browser through it. That access occurs only when you activate the Extension and only in connection with supported Platform workflows. Through the Extension, EcomBuddha:

Reads user-opened tabs on supported Amazon Seller Central domains solely to assist with listing optimisation, content population, and SP-API workflows;
Uses tab permissions to open and manage Seller Central pages as part of guided workflows expressly initiated by the user;
Injects scripts on supported pages to enable form-filling, visual guidance, and content insertion as requested by the user;
Uses identity permissions to authenticate users via Google Sign-In and to authorise Amazon Selling Partner API access, where applicable;
Uses network-monitoring permissions solely to track the status of API calls to EcomBuddha backend services and update the Extension interface accordingly;
May retrieve your IP address via a third-party IP lookup service for security verification and fraud-prevention purposes.

4.2 Limits on Extension Access

EcomBuddha does not use the Extension to monitor browsing activity outside supported workflows, does not automatically scrape or extract data from public websites, and does not access browser tabs without a direct, user-initiated action. Data that EcomBuddha accesses through the Extension is used only to provide the user-facing features described above, is not sold, and is not used for unrelated purposes; all such data is processed in accordance with our Privacy Policy.

4.3 Third-Party Platform Compliance

Your use of the Extension must comply with the applicable browser/web-store policies and with the terms and policies of any platform you interact with, including Amazon. Publication of listings to Amazon is performed through the official Amazon Selling Partner API; the Extension is intended to assist user-initiated workflows and not to perform automation in breach of any third-party platform’s terms. You remain responsible for ensuring your use complies with those terms.

5. AMAZON AND THIRD-PARTY PLATFORM INTEGRATION

5.1 Third-Party Platforms

The Platform may integrate with third-party platforms (including Amazon Seller Central via the Selling Partner API) to enable features such as direct listing publication, inventory synchronisation, and performance-data retrieval. EcomBuddha has no affiliation, association, or endorsement from Amazon or any other third-party platform. Such integrations are offered as a convenience to you and are subject to the terms of service and policies of the respective third-party platforms.

You are solely responsible for reviewing and complying with the terms, policies, and requirements of any third-party platforms you connect to via the Platform. EcomBuddha shall not be liable for any actions taken by third-party platforms, including account suspension, delisting, or policy enforcement arising from your use of integrated features.

5.2 Authorisation and Data Access

5.2.1 Your Authorisation

By connecting a third-party account to the Platform, you authorise EcomBuddha to access, retrieve, and process data from that account for the purpose of delivering the Services. You represent that you are the owner or an authorised user of any third-party accounts you connect. EcomBuddha does not own or operate third-party platforms and is not responsible for their operations, security, or data practices.

5.2.2 Data EcomBuddha Accesses

While a connection remains active, EcomBuddha accesses and retrieves data from the connected account on a continuing basis, without a separate prompt to you on each occasion. In the case of Amazon Seller Central, the data EcomBuddha accesses through the Selling Partner API includes your listing content, catalogue and product information, inventory data, and performance reports, in each case to the extent needed to deliver the features you use. EcomBuddha’s handling of that data is governed by Clause 5.3 and our Privacy Policy.

5.2.3 Ending EcomBuddha’s Access

You may end this access at any time by disconnecting the account within the Platform or by revoking EcomBuddha’s authorisation in the connected platform’s own settings. On disconnection, EcomBuddha ceases further retrieval, and data already retrieved is deleted or retained as described in Clause 12.3 and our Privacy Policy.

5.3 Use of Third-Party Data and Platform Compliance

Third-Party Data may be used by EcomBuddha solely to provide, operate, and improve the Services for you, and may be combined with your Account data and AI-processing outputs to generate insights and recommendations for you. EcomBuddha will not sell Third-Party Data. We will handle Amazon information in accordance with the Amazon Acceptable Use Policy and the Amazon Data Protection Policy (or their successors), including by: (a) using such data only as necessary to provide the Services you request; (b) not using Amazon information to train generative AI models; (c) retaining such data only for as long as reasonably necessary to provide the Services or as required by law; and (d) applying appropriate security safeguards. Any analytics derived from Third-Party Data will use only de-identified or aggregated data that cannot reasonably be associated with you or any individual, to the extent permitted by the applicable platform’s policies and applicable law.

6. INTELLECTUAL PROPERTY

6.1 EcomBuddha’s Intellectual Property

EcomBuddha and its licensors retain all right, title, and interest in and to the Platform, including all software, algorithms, AI models, analytical tools, visual assets, brand elements, and underlying technology. Nothing in these Terms transfers any ownership of EcomBuddha’s intellectual property to you. Your use of the Platform does not grant you any licence to EcomBuddha’s intellectual property except as expressly set out in these Terms.

6.2 Feedback

We welcome feedback, suggestions, and ideas regarding the Platform. By submitting any feedback or unsolicited suggestions, you agree that such submissions become the property of EcomBuddha and that we may use them for any purpose, including improving the Platform, without attribution, compensation, or any obligation to you.

6.3 User Content Ownership

Subject to the licence granted in Clause 3.2 and the publicity licence in Clause 6.4, you retain ownership of your User Content. EcomBuddha does not claim ownership of your product data, brand assets, or business information. Rights in AI-Generated Content are governed by Clause 3.5, not this Clause.

6.4 Publicity: Customer Identification and Showcase Consent

6.4.1 Customer Identification

You grant EcomBuddha a non-exclusive, worldwide, royalty-free licence to use, reproduce, and display your business name and logo (your “Brand Marks”) solely to identify you as a customer of the Platform — for example, in customer lists and logo displays on our website, in sales presentations, and in pitch materials. This licence is revocable: you may opt out at any time by written notice to info@ecombuddha.in, and we will cease making new uses of your Brand Marks within thirty (30) days of receipt, with no obligation to recall, alter, or remove materials already printed, published, or distributed.

6.4.2 Showcase Materials (Opt-In Only)

EcomBuddha will not use the AI-Generated Content or other outputs created for you through the Platform, or any case studies, testimonials, or descriptions of your use of the Platform (collectively, “Showcase Materials”), for marketing, promotional, portfolio, demonstration, or in-product gallery purposes unless you have given your prior, affirmative consent — whether through an in-product opt-in, in writing (including by email), or in an Order Form. Where you give such consent, you grant EcomBuddha a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, and display the consented Showcase Materials for the purposes stated in the consent. You may withdraw this consent at any time by written notice to info@ecombuddha.in; withdrawal takes effect prospectively, with no obligation on EcomBuddha to recall, alter, or remove materials already printed, published, or distributed.

6.4.3 Authority and Warranties

You represent and warrant that you are authorised to grant the rights in this Clause 6.4 on behalf of the owner of the Brand Marks concerned, and that any Showcase Materials you consent to, as used for the purposes above, do not and will not infringe the intellectual-property, privacy, publicity, or other rights of any third party. If you are not authorised to license the Brand Marks of a brand (for example, where you manage its account as an agency or service provider), you must not grant rights in those marks, and this Clause grants EcomBuddha no rights in them. Where any Showcase Material depicts an identifiable individual or contains personal data, you confirm that you have obtained all consents and releases necessary to permit its use for EcomBuddha’s marketing.

6.4.4 Manner of Use of Brand Marks

EcomBuddha will use your Brand Marks in accordance with any reasonable brand guidelines you provide, will describe its relationship with you accurately, and will not state or imply any endorsement, partnership, or affiliation beyond the actual relationship between the parties.

6.4.5 Data-Protection Rights

Where any use under this Clause 6.4 involves personal data, it remains subject to applicable data-protection law, and affected individuals retain their non-waivable rights — including the right to object to processing for direct-marketing purposes — which EcomBuddha will honour.

7. REFUNDS AND CANCELLATIONS

7.1 Subscriptions

You are entitled to a full refund if you cancel your first paid Subscription within seven (7) calendar days of your initial purchase, provided that no more than one (1) AI generation has been consumed under that Subscription during that period; the Free Trial (where offered) is the intended means of evaluating the Platform. This seven-day refund applies to your first paid Subscription only and not to renewals. Except as stated here, Subscription payments are non-refundable, and there are no pro-rata refunds for partially used billing periods or periods of non-use; on cancellation you retain access until the end of the current period.

7.2 Credits

Purchased Credits are non-refundable once purchased, except: (a) as required by applicable law; (b) where you voluntarily close your Account and request a refund of unused purchased Credits within sixty (60) days of closure, in accordance with Clause 2.1; or (c) where we terminate your Account for convenience or discontinue the Credits model or the Platform, in which case unused purchased Credits are refunded on a pro-rata basis in accordance with Clause 2.1. Consumed Credits, promotional or bonus Credits, and any outputs already generated are non-refundable.

7.3 Discretionary Refunds and Abuse

Any refunds beyond those described above are granted solely at EcomBuddha’s discretion, on a case-by-case basis. Requests should be submitted to info@ecombuddha.in. We reserve the right to deny refund requests where misuse, policy violations, or excessive consumption of Platform resources is identified.

7.4 Statutory Rights Preserved

Nothing in this Clause affects any non-waivable statutory cancellation, withdrawal, or refund rights you may have as a consumer under applicable law. Where such rights apply, they prevail over this Clause to the extent of any conflict.

8. WARRANTIES AND DISCLAIMERS

8.1 “As Is” and “As Available” Basis

THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ECOMBUDDHA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.2 No Warranty as to Operation or Output

EcomBuddha does not warrant that: (a) the Platform will operate without interruption or error; (b) the Platform is free of viruses or other harmful components; (c) AI-Generated Content will be accurate, original, or suitable for any particular purpose; or (d) results obtained through the Platform will meet your specific expectations or business objectives.

8.3 Third-Party Links

The Platform may contain links to third-party websites or resources. EcomBuddha does not endorse and is not responsible for the content, privacy practices, or policies of any third-party websites. Your use of third-party links is at your own risk.

8.4 Availability and Maintenance

EcomBuddha makes commercially reasonable efforts to maintain the accuracy and availability of the Platform but does not guarantee uninterrupted access. Scheduled and unscheduled maintenance, technical failures, and circumstances beyond our control may result in temporary unavailability.

8.5 Beta Features

Features identified as beta, preview, or early-access are provided for evaluation, may be changed or withdrawn at any time, and are provided without any warranty or service-level commitment.

8.6 Consumer Note

Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusions are not permitted, the above disclaimers apply to the maximum extent permitted by applicable law, and you may have additional statutory rights that these Terms do not affect.

9. LIMITATION OF LIABILITY

9.1 Exclusion of Indirect and Consequential Loss

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ECOMBUDDHA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR USE OF OR INABILITY TO USE THE PLATFORM, OR ANY AI-GENERATED CONTENT, EVEN IF ECOMBUDDHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Aggregate Liability Cap

IN ANY EVENT, ECOMBUDDHA’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO ECOMBUDDHA IN THE THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE (OR INR 500 — OR, FOR USERS IN THE UNITED STATES, USD 10 — WHICHEVER IS GREATER, IF THE SERVICES ARE PROVIDED FREE OF CHARGE).

9.3 Exceptions

Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or wilful misconduct; (d) a party’s breach of its confidentiality obligations or your infringement of EcomBuddha’s intellectual property; or (e) any other liability that cannot lawfully be excluded or limited under applicable law, including non-excludable consumer-protection rights and liabilities under applicable data-protection law.

10. INDEMNIFICATION

10.1 Indemnity by You

You agree to indemnify, defend, and hold harmless EcomBuddha and its directors, officers, employees, agents, and affiliates from and against any losses, liabilities, claims, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your violation of these Terms; (b) your User Content; (c) your use of or reliance on AI-Generated Content; (d) your violation of any applicable law or third-party right; or (e) your use of the Platform for any unlawful or unauthorised purpose.

10.2 Limited Indemnity by EcomBuddha

EcomBuddha will defend you against any third-party claim alleging that the Platform software itself (expressly excluding User Content, AI-Generated Content, and any output, and excluding third-party platforms) infringes that third party’s intellectual-property rights, and will pay damages finally awarded or agreed in settlement, subject to the liability cap in Clause 9. This indemnity does not apply to claims arising from: (a) your User Content or any AI-Generated Content; (b) modifications not made by EcomBuddha; (c) combination of the Platform with non-EcomBuddha products or data; or (d) use in breach of these Terms or applicable third-party platform policies. This Clause states EcomBuddha’s entire liability, and your exclusive remedy, for intellectual-property infringement by the Platform.

10.3 Indemnification Procedure

The party seeking indemnity will: (a) promptly notify the other of the claim (a delay reduces the indemnifying party’s obligations only to the extent it is prejudiced); (b) give the indemnifying party sole control of the defence and settlement (provided no settlement imposing a non-indemnified obligation on the indemnified party may be made without its consent, not to be unreasonably withheld); and (c) provide reasonable cooperation at the indemnifying party’s expense.

11. PUBLIC POSTINGS AND USER-GENERATED CONTENT

11.1 Your Responsibility and Licence Granted

Certain features of the Platform may allow you to submit feedback, ratings, reviews, or other public postings (“Public Postings”). You are solely responsible for your Public Postings and any consequences of making them public. By submitting a Public Posting, you grant EcomBuddha a royalty-free, perpetual, non-exclusive, worldwide, sub-licensable licence to use, reproduce, adapt, distribute, and display such content for any business purpose, including marketing and product improvement.

11.2 No Verification; Removal

EcomBuddha does not independently verify the accuracy of user-submitted content and disclaims liability for any loss or harm arising from your reliance on such content. We reserve the right to remove any Public Posting at our sole discretion without prior notice.

12. TERM AND TERMINATION

12.1 Term and Termination by You

These Terms remain in effect from the date of your Account registration until terminated by either party. You may terminate your Account at any time by contacting info@ecombuddha.in or using the account-closure feature within the Platform. Termination does not entitle you to a refund except as expressly provided in Clauses 2.1 and 8.

12.2 Suspension and Termination by EcomBuddha

EcomBuddha may suspend or terminate your access to the Platform if: (a) you breach these Terms; (b) your account remains unpaid for more than thirty (30) days; (c) we are required to do so by applicable law or a competent authority; or (d) we discontinue the Platform or any part of it. Except where a breach requires immediate action or is required by law, we will give you reasonable prior notice of suspension or termination for cause and, where practicable, an opportunity to cure.

12.3 Effect of Termination and Data Handling

Upon termination, all licences granted to you under these Terms cease immediately, except for the licence to AI-Generated Content already generated for you under Clause 3.5, which survives subject to your having paid for it. Treatment of unused Credits on termination is governed by Clause 2.1. You may request export of your User Content at any time before termination and for thirty (30) days afterwards. Following that period, we will delete or de-identify your User Content and Account data, except where retention is required by law or is reasonably necessary to establish, exercise, or defend legal claims, and except for de-identified or aggregated data. Residual copies held in routine backups are fully purged within sixty (60) days of deletion from our live systems. Separately, billing and transaction records — including invoices, payment references, and your Credit purchase and consumption history — are retained for eight (8) years as required under the Companies Act, 2013 and the Income Tax Act, 1961. Because those records are retained independently of your User Content, a refund of unused purchased Credits requested within the sixty (60)-day window under Clause 2.1 can still be verified and processed after your User Content has been deleted.

12.4 Survival

Schedule 1 (Definitions) and Clauses 2.2, 2.4, 3, 5.3, 6, 7, 8, 9, 10, 11, 12.3, 14, 15, and 16, together with any other provision that by its nature is intended to survive, shall survive termination of these Terms.

13. MODIFICATIONS TO TERMS AND SERVICES

13.1 Changes to These Terms

EcomBuddha reserves the right to modify these Terms from time to time. We will notify you of material changes by email (to the address registered on your Account) and/or by posting a notice on the Platform at least fourteen (14) days before the changes take effect, unless a shorter period is required by law or relates to a new feature or legal/security requirement. Changes take effect from the date specified in the notice. If you object to a change, your sole remedy is to stop using and terminate your Account before the effective date; continued use after that date constitutes acceptance of the revised Terms.

13.2 Changes to the Platform and Services

EcomBuddha also reserves the right to modify, suspend, or discontinue any feature or the Platform as a whole. Where we discontinue a paid feature you are actively using, we will use reasonable efforts to give advance notice and, where a material paid feature is permanently withdrawn, to provide a pro-rata refund of prepaid fees (or unused Credits) for the affected period.

14. PRIVACY AND DATA PROTECTION

14.1 Privacy Policy and Basis of Processing

Your use of the Platform is subject to our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, process, store, and share personal data. By using the Platform, you acknowledge the processing described in the Privacy Policy. Where applicable data-protection law — including the Digital Personal Data Protection Act, 2023 (India) — requires your consent for a particular processing activity, we obtain that consent separately and specifically at the point of collection (including during sign-up) by a clear affirmative action, in an itemised notice, and you may withdraw it at any time as described in the Privacy Policy. Your acceptance of these Terms does not by itself constitute consent for the purposes of that law.

14.2 Applicable Data-Protection Laws

EcomBuddha processes personal data in accordance with applicable data-protection laws, including the Digital Personal Data Protection Act, 2023 (India) and, where and to the extent applicable to a given User, the General Data Protection Regulation (EU) 2016/679 (“GDPR”), the UK GDPR, and the UAE Federal Decree-Law No. 45 of 2021 (PDPL). Where such a law applies to us or to you by its own terms, we will comply with it regardless of the region-activation provisions in Clause 15.2.

14.3 Data Processing Agreement

Where EcomBuddha processes personal data on your behalf (as a processor or sub-processor) in providing the Services, the parties will be bound by a data processing agreement (“DPA”) reflecting the requirements of applicable law (including Article 28 GDPR, where applicable). Our standard DPA is available on request and, once accepted or executed, forms part of these Terms and governs such processing.

14.4 Sub-Processors and International Transfers

We engage sub-processors (including the Third-Party AI Providers and cloud hosting providers described in our Privacy Policy) and impose appropriate data-protection obligations on them. Where personal data is transferred from a jurisdiction that restricts cross-border transfers (such as the EEA or the UK) to India or another country, we make such transfers only under appropriate safeguards — such as the European Commission’s Standard Contractual Clauses or the UK International Data Transfer Agreement/Addendum — together with any required supplementary measures.

14.5 Security and Your Rights

We maintain commercially reasonable administrative, technical, and organisational safeguards to protect personal data, and will notify affected parties of a personal-data breach as required by applicable law. Subject to applicable law, you and your data subjects may exercise rights of access, rectification, erasure, restriction, portability, and objection as described in our Privacy Policy. Data-protection queries and requests may be directed to info@ecombuddha.in.

15. GOVERNING LAW, DISPUTE RESOLUTION, AND JURISDICTION

15.1 Primary Jurisdiction — India

15.1.1 Governing Law and Good-Faith Negotiation

These Terms are governed by the laws of India. Any dispute, controversy, or claim arising out of or in connection with these Terms or the use of the Platform shall first be attempted to be resolved through good-faith negotiation between the parties for a period of not less than thirty (30) days from the date on which the dispute is notified in writing.

15.1.2 Arbitration

If the dispute is not resolved through negotiation, it shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (India), as amended. The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties (or, failing agreement, appointed in accordance with that Act). The seat and venue of arbitration shall be Bengaluru, Karnataka, India. The language of arbitration shall be English. The arbitral award shall be final and binding on the parties.

15.1.3 Jurisdiction of Courts

Subject to the arbitration clause above, the courts of Bengaluru, Karnataka shall have exclusive jurisdiction over any dispute that is not subject to arbitration or where interim relief is sought. Nothing in this Clause prevents either party from seeking urgent or interim injunctive relief from a court of competent jurisdiction.

15.1.4 Consumer Rights Preserved (India)

Nothing in this Clause limits the right of a User who qualifies as a “consumer” under the Consumer Protection Act, 2019 to pursue remedies before the appropriate consumer dispute redressal commission, where such right is available and non-waivable.

15.2 International Users — Region-Specific Provisions (Conditional)

Activation. The region-specific provisions below supplement Clause 15.1. A region-specific provision becomes operative for a given region only from the date EcomBuddha establishes a registered office or local operating entity in that region, or otherwise begins actively and intentionally offering the Services to Users located in that region. Until then, EcomBuddha does not target that region, those provisions are inactive, and Clause 15.1 (India) governs all Users. As of the Effective Date, EcomBuddha operates in India and the United States; accordingly Clauses 15.1 and 15.2.1 are operative, and Clauses 15.2.2 (UK/EEA) and 15.2.3 (UAE) are inactive until activated as described above.

Mandatory law preserved. Notwithstanding the activation provision above, where a data-protection, consumer-protection, or other mandatory law of any jurisdiction applies to EcomBuddha or to you by its own terms, that law applies regardless of this Clause. Nothing in these Terms is intended to exclude, evade, or disapply any such mandatory law, and where such a law grants you non-waivable rights, those rights prevail over any conflicting provision of these Terms.

15.2.1 United States of America (Operative)

For Users accessing the Platform from the United States, the following additional terms apply:

Any dispute that cannot be resolved through the negotiation process in Clause 15.1 shall be submitted by either party to binding individual arbitration administered by the American Arbitration Association (AAA) or JAMS under its applicable rules. The seat of arbitration shall be the State of Delaware, United States, and the Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement;
Class-action waiver: arbitration and any proceedings will be conducted only on an individual basis. Class actions, class arbitrations, and representative or consolidated proceedings are not permitted, and you and EcomBuddha each waive any right to participate in them;
Opt-out: you may opt out of this arbitration agreement by notifying EcomBuddha in writing at info@ecombuddha.in within thirty (30) days of your initial registration, stating your full name and Account email. If you opt out, disputes will be resolved by the courts referred to below;
Small claims: either party may bring an individual claim in a small-claims court of competent jurisdiction instead of arbitration, if the claim qualifies;
The substantive laws of the State of Delaware (without regard to its conflict-of-law principles) shall govern disputes referred to arbitration under this Clause, except where superseded by mandatory US federal or state law;
Nothing in this Clause limits either party’s right to seek injunctive or other equitable relief in any US court of competent jurisdiction.

15.2.2 United Kingdom and European Economic Area (EEA) (Inactive Until Activated)

If and when activated under Clause 15.2, the following additional terms apply to Users accessing the Platform from the United Kingdom or EEA member states:

EcomBuddha processes personal data in accordance with the UK GDPR (for UK Users) and the EU GDPR (for EEA Users). You and your data subjects have the rights to access, rectify, erase, restrict, and port personal data, and to object to processing, as set out in our Privacy Policy;
To exercise any of these rights or to raise a data-protection concern, please contact info@ecombuddha.in;
Disputes involving EEA or UK consumers are subject to any applicable mandatory consumer-protection laws of your country of residence, which are not overridden by these Terms, and which may give you the right to bring proceedings in your local courts;
UK Users may escalate unresolved complaints to the Information Commissioner’s Office (ICO); EEA Users may escalate to their national Data Protection Authority (DPA);
Transfers of personal data from the UK or EEA to India are made under appropriate safeguards as described in Clause 14.4.

15.2.3 United Arab Emirates (UAE) (Inactive Until Activated)

If and when activated under Clause 15.2, the following additional terms apply to Users accessing the Platform from the UAE:

EcomBuddha’s Services in the UAE are offered through or in connection with a UAE-registered entity or authorised representative, as notified to you at onboarding. Invoicing for UAE-based accounts shall be in UAE Dirhams (AED) unless otherwise agreed in writing;
Personal data collected from UAE Users is processed in accordance with UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (PDPL), as amended, and applicable sectoral regulations;
Any dispute involving a UAE User that cannot be resolved through negotiation shall be referred to arbitration administered by the Dubai International Arbitration Centre (DIAC) under its rules, with the seat in Dubai, UAE, and proceedings in English;
UAE Users may raise data-protection complaints with the UAE Data Office, as established under applicable UAE law.

16. MISCELLANEOUS

16.1 Entire Agreement

These Terms, together with the Privacy Policy, the DPA (where applicable), and any Order Form or Enterprise Agreement entered into between you and EcomBuddha, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior discussions, representations, or agreements. In the event of conflict between these Terms and a signed Order Form or Enterprise Agreement, the Order Form or Enterprise Agreement shall prevail.

16.2 Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, unlawful, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or, if it cannot be so modified, severed. All other provisions shall remain in full force and effect.

16.3 Waiver

EcomBuddha’s failure to enforce any right or provision of these Terms on any occasion shall not constitute a waiver of such right or provision on any future occasion.

16.4 Assignment

You may not assign, transfer, or sub-license your rights or obligations under these Terms without our prior written consent. EcomBuddha may assign these Terms or any rights hereunder to an affiliate, successor, or acquirer without restriction.

16.5 Force Majeure

EcomBuddha shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, governmental actions, internet or telecommunications disruptions, cyberattacks, failures of third-party platforms or AI providers, or power failures.

16.6 No Partnership or Agency

Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, or employment relationship between the parties. Neither party may bind the other or incur obligations on the other’s behalf.

16.7 Third-Party Beneficiaries

These Terms do not confer any rights on any third party, except that EcomBuddha’s affiliates and the indemnified persons named in Clause 10 may rely on the provisions that benefit them.

16.8 Notices

All notices to EcomBuddha under these Terms must be sent in writing to info@ecombuddha.in. Notices to you will be sent to the email address registered on your Account or posted on the Platform.

16.9 Limitation Period

To the extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms or the Platform must be brought within one (1) year of the date on which the claim or cause of action arose. This time limit does not apply where the governing law does not permit the contractual shortening of a limitation period (including, for disputes governed by the laws of India, where the statutory limitation period under the Limitation Act, 1963 applies), nor where a mandatory limitation period otherwise applies.

16.10 Language and Headings

These Terms are drafted in English, and the English version governs. Headings are for convenience only and do not affect interpretation.

17. CONTACT INFORMATION

For any queries, complaints, or notices in connection with these Terms, please contact:

DIGICOM BUDDHA TECH PRIVATE LIMITED

Platform: EcomBuddha (www.ecombuddha.ai)

All queries — general, billing, subscription, and data-protection: info@ecombuddha.in

Grievance Officer & Data Protection Contact: Kartikeya Peeriga, Director & Chief Technology Officer

Grievance Officer Email: info@ecombuddha.in

Registered Office: No. 1, 116, C/o Naveen Kumar Nutheti, Rashtravi Kuvempu, BTM 2nd Stage, MICO Layout, Bengaluru, Karnataka – 560076, India

For Users in India: In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, our Grievance Officer will acknowledge your complaint within 24 hours and resolve it within 15 days.

SCHEDULE 1 — DEFINITIONS

For the purposes of these Terms, the following definitions apply:

“Platform” / “Services” means the EcomBuddha SaaS application available at www.ecombuddha.ai and via associated APIs, browser extensions, and mobile interfaces, together with all features, tools, and capabilities offered through it — including AI-generated product content, AI-generated lifestyle images, listing optimisation, keyword analysis, bulk-upload workflows, Amazon Selling Partner API (SP-API) integration, and analytics dashboards.
“User Content” means any data, text, images, product information, brand assets, or other material that you upload, submit, import, or otherwise provide to the Platform.
“AI-Generated Content” means any titles, descriptions, bullet points, keywords, images, or other output produced by the Platform’s artificial intelligence or automated systems in response to your inputs.
“Content” means, collectively, User Content and AI-Generated Content.
“Third-Party Data” means data retrieved, with your authorisation, from a connected third-party platform (such as Amazon Seller Central via SP-API).
“Third-Party AI Providers” means the third-party providers of foundation models and AI infrastructure that EcomBuddha uses to deliver generative features (see Clause 3.3).
“Subscription” means a paid plan under which you access a defined set of Platform features for a recurring billing period (monthly or annual).
“Credits” means prepaid, pay-as-you-go units that you purchase and that are consumed as you use metered features of the Platform (such as content generations or image outputs). Credits are valid for the lifetime of your Account while it remains active and in good standing, are non-transferable, accrue no interest, and hold no cash value (see Clause 2.1).
“Subscribing to the Platform” / “Subscriber” means accessing the Platform under any paid model, whether by a recurring Subscription or by Pay-as-you-go Credits. Except where a provision refers to “Subscription” or “Credits” specifically, references to subscribing to the Platform, being a Subscriber, or holding a paid plan apply to both models.
“Free Trial” means any free or promotional evaluation access to the Platform that we may offer, for the duration and on the terms notified at sign-up (see Clause 2.3).
“Order Form / Enterprise Agreement” means any separately signed subscription order form, statement of work, or enterprise agreement between you and EcomBuddha.
“Account” means your registered user account on the Platform.