Terms of Service

These Terms of Service (the "Terms") are a binding agreement between you and Mint Enterprises LLC, a Wyoming limited liability company doing business as EcomWatchdog ("EcomWatchdog", "we", "us", or "our") governing your access to and use of the EcomWatchdog website, application, and related services (together, the "Service"). By creating an account, clicking to accept, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

Please read Section 15 carefully. It contains an arbitration agreement and class action waiver that affect how disputes between you and us are resolved.

1. Eligibility and business use

The Service is intended for businesses and individuals acting in a commercial capacity. You must be at least 18 years old and able to form a binding contract. If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity. The Service is not intended for consumers, and consumer protection laws that apply only to consumer transactions do not apply to your use of the Service to the extent permitted by law.

2. Your account

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly if you believe your account has been accessed without authorization. You must provide accurate account information and keep it current. We may suspend or terminate accounts that share credentials, that are created with false information, or that are used in violation of these Terms.

3. What the Service does, and what it does not

The Service checks publicly accessible pages on ecommerce websites that you choose ("Monitored Sites"), compares them with earlier captures, and reports changes that our automated systems judge to be commercially meaningful, such as promotions, new offerings, purchase incentives, and price changes on selected products. It also keeps a history of those reports in your dashboard and, where email digests are available, sends an email digest once a day, at the time you choose, when there is something to report.

You acknowledge and agree that:

• Monitoring covers only the site pages and product pages shown as "covered" in your dashboard. It does not cover every page, product, variant, region, logged-in experience, app, or marketplace listing of a Monitored Site.
• Checks run on a schedule, not continuously. Changes that appear and disappear between checks may not be captured. A reported detection time is when we observed a change, not when the change was made.
• Change detection and classification are automated and rely on third-party artificial intelligence services. The Service may miss changes, report changes that are not meaningful, misdescribe a change, or fail to reach a Monitored Site. A failed check is shown as failed and is not a statement that nothing changed.
• The Service reports what public pages display. It does not know whether an offer was honored, how long it ran, what it produced for the Monitored Site, or whether a price shown was the price actually charged.
• The Service does not access private, gated, or authenticated areas of any site, does not purchase products, and does not interact with Monitored Sites other than by requesting public pages.
• We may set and change limits on the number of competitors, pages, products, and checks available on each plan, and on how much crawling we perform for any one account, to keep the Service reliable.

The Service is a research aid. You are solely responsible for any decisions you make based on information it provides, including pricing, promotional, purchasing, and business decisions.

4. Acceptable use

You agree that you will not, and will not allow others to:

• Add a Monitored Site that is not a publicly accessible online store, or that you know prohibits automated access in a way that would make our checks unlawful;
• Use the Service to monitor any site you do not have a legitimate business reason to observe, or to harass, stalk, or target any person;
• Attempt to use the Service to access non-public systems, internal networks, or pages behind logins or paywalls;
• Use the Service to collect personal data about individuals, or for any purpose that violates applicable law, including competition, consumer protection, privacy, and intellectual property laws;
• Resell, sublicense, or provide the Service to third parties, or use it to build a competing product;
• Reverse engineer, scrape, or extract data from the Service other than your own reports through the interface we provide;
• Circumvent plan limits, rate limits, or other technical measures, or interfere with the operation or security of the Service;
• Upload or transmit malicious code or use the Service to send spam or unsolicited communications.

We may suspend or terminate your access immediately if we believe you have violated this section.

5. Monitored Sites and third-party content

Monitored Sites are owned and operated by third parties who have no relationship with us. Product names, prices, promotional text, images, and other content that appear in your reports belong to those third parties and are reproduced only to the limited extent necessary to describe a change to you. We do not endorse any Monitored Site and are not responsible for its content, availability, or practices.

You are responsible for ensuring that your use of the Service to observe a particular Monitored Site is lawful in your jurisdiction and consistent with any agreement you have with that site's operator. If a site operator objects to being monitored, we may stop monitoring that site for all customers without notice and without any refund obligation.

6. Free trial

New accounts receive a free trial of 14 days covering up to 5 competitors. No payment method is required for the trial. When the trial ends, checks and change digests pause until you subscribe to a paid plan. Your competitors and recorded history are retained while your account remains open, subject to Section 10. We may modify or discontinue trials at any time, and we may refuse or revoke trials for accounts that appear to be duplicates or that abuse the trial.

7. Plans, fees, and payment

Paid plans are described on our pricing page. Current plans are Starter at $39 per month for up to 5 competitors and Pro at $99 per month for up to 20 competitors. Fees are stated in United States dollars and exclude taxes. You are responsible for any sales, use, VAT, GST, or similar taxes, which will be added where we are required to collect them.

Subscriptions are billed monthly in advance and renew automatically each billing period until cancelled. By subscribing you authorize us and our payment processor, Stripe, to charge your payment method for the recurring fee and any applicable taxes. If a payment fails, we may retry it, suspend monitoring and digests until payment succeeds, and cancel the subscription after a reasonable period.

You can change plans on the Subscription page of the Service or, once billing has started, in the billing portal. A plan change takes effect as shown there before you confirm it. The free trial does not include the Pro plan: if you choose Pro during your free trial, at checkout or by changing plans, it is charged at once and your free trial ends. If you subscribed to Starter during your free trial and have not yet been charged, your first charge is on the date already shown. After your first charge, a plan change may be prorated. We may change our fees on at least 30 days' notice by email or in the Service; changes apply from your next billing period after the notice period, and you may cancel before then if you do not accept them.

8. Cancellation and refunds

You may cancel your subscription at any time from the billing portal. Cancellation takes effect at the end of the current billing period, and you keep access until then. Your subscription will not renew after that. Except where required by law, fees are non-refundable, including for partial periods, unused capacity, and periods in which the Service was available but not used.

9. Intellectual property

We and our licensors own the Service, including its software, design, text, logos, and the format and structure of reports. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your internal business purposes during your subscription. No other rights are granted.

You own the configuration you enter (competitor names, domains, product URLs) and may use and keep copies of the reports generated for your account for your internal business purposes. You grant us a worldwide, royalty-free license to store, process, and display that data as needed to provide the Service. If you send us feedback or suggestions, you grant us a perpetual, irrevocable license to use them without obligation to you.

10. Data retention and deletion

We retain your account data, configuration, and recorded updates while your account is open. You may stop monitoring a competitor while keeping its history, or delete a competitor together with its history. If you delete your account, we delete your account data within 30 days, except for records we are required to keep for legal, tax, accounting, or security purposes, and backups that expire on their normal schedule. We may delete data associated with accounts that remain unpaid and inactive for more than 12 months after reasonable notice. Our Privacy Policy describes how we handle personal information.

11. Availability, changes, and support

We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue any part of the Service at any time, including to comply with law or to protect the Service. Where a change materially reduces the core functionality of a paid plan, we will give reasonable notice. Support is provided by email on a reasonable-efforts basis with no guaranteed response time.

12. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL DETECT ANY PARTICULAR CHANGE, THAT REPORTS WILL BE ACCURATE, COMPLETE, OR TIMELY, THAT ANY MONITORED SITE WILL REMAIN ACCESSIBLE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. YOU USE THE SERVICE AND RELY ON ITS OUTPUT AT YOUR OWN RISK.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MINT ENTERPRISES LLC, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, BUSINESS, GOODWILL, OR DATA, OR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100). THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN THAT CASE OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

14. Indemnification

You will defend, indemnify, and hold harmless Mint Enterprises LLC and its owners, officers, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Service, including the Monitored Sites you choose to observe; (b) your violation of these Terms or of any law or third-party right; or (c) any decision you make or action you take based on information provided by the Service. We may assume control of the defense of any matter subject to indemnification, and you agree to cooperate with us.

15. Dispute resolution, arbitration, and class action waiver

Informal resolution first. Before starting a formal proceeding, you agree to contact us at the address below with a description of the dispute and to work with us in good faith for at least 30 days to resolve it.

Binding arbitration. Except for the matters described under "Exceptions" below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in English. Where an in-person hearing is required, it will take place in the State of Wyoming, United States, unless the parties agree otherwise, and either party may participate by video conference. The arbitrator's award will be final and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs this section.

Class action waiver. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one party.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or to stop unauthorized use of the Service.

Opt-out. You may opt out of this arbitration agreement by emailing us within 30 days after first accepting these Terms, stating that you wish to opt out of arbitration. If you opt out, the rest of these Terms continue to apply, and disputes will be resolved in the courts described in Section 16.

Time limit. Any claim must be filed within one year after the cause of action arises, or it is permanently barred, to the extent permitted by law.

16. Governing law and venue

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-law rules. Subject to Section 15, the state and federal courts located in the State of Wyoming, United States have exclusive jurisdiction over any dispute, and you consent to personal jurisdiction there. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, if a payment fails and is not cured, or if we discontinue the Service. On termination your right to use the Service ends immediately. Sections that by their nature should survive termination (including Sections 9, 10, 12, 13, 14, 15, 16, and 19) survive.

18. Notices and copyright complaints

We may send notices to the email address on your account, and you agree that electronic notices satisfy any legal requirement that notices be in writing. Notices to us should be sent to the contact address below. If you believe content in the Service infringes your copyright, send a notice to the same address that identifies the work, the material you believe infringes, your contact details, a statement of good-faith belief, a statement under penalty of perjury that the information is accurate and you are authorized to act, and your physical or electronic signature.

19. General

These Terms, together with the Privacy Policy and any plan descriptions on our pricing page, are the entire agreement between you and us regarding the Service and supersede any prior agreements. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control. There are no third-party beneficiaries of these Terms.

20. Changes to these Terms

We may update these Terms from time to time. For material changes we will give at least 14 days' notice by email or through the Service before they take effect. Continued use of the Service after the effective date constitutes acceptance. If you do not agree to a change, cancel your subscription and stop using the Service before the change takes effect.

Contact

Questions about these terms: support@ecomwatchdog.com

By mail:
Mint Enterprises LLC
101 N Greenville Ave
Suite C PMB 1010
Allen, TX 75002