Terms of Use

1. Introduction and Acceptance of Terms

Welcome to EcomSense™ (the "Brand"). These Terms of Use ("Terms") govern your access to and use of our public website at ecomsense.ai and our gated web application at app.ecomsense.ai (collectively, the "Services"). The Services are legally owned and operated by Shahar Pitaru and Yaarit Cohen, operating under the brand name EcomSense (hereinafter: "we", "us", or "our").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use the Services.

2. Scope of Terms and Order of Precedence

These Terms apply to all visitors, individuals, and users who access the Services.

For B2B SaaS Customers: If you are accessing the web application (app.ecomsense.ai) on behalf of a company or entity that has executed a separate written agreement with us (a "Usage Contract" or "Master Services Agreement"), the terms of that Usage Contract shall govern your commercial use of the application. In the event of any conflict or inconsistency between these Terms and your signed Usage Contract, the terms of the Usage Contract shall take strictly precedence.

3. Account Registration and Security

Access to our web application requires a registered account. We use Clerk as our third-party authentication provider to manage secure access.

Individual Responsibility: You are solely responsible for maintaining the confidentiality of your login credentials. You may not share your account or password with any unregistered individuals, inside or outside your organization.

Notification: You agree to notify us immediately if you suspect any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to safeguard your login credentials.

4. Acceptable Use Policy

Whether you are a casual visitor to our website or a logged-in user of our application, you agree not to use the Services to:

• Violate any applicable local, national, or international law or regulation.
• Attempt to hack, disable, overburden, or impair the proper working of the Services, including attempting to bypass Clerk's authentication protocols.
• Reverse-engineer, decompile, or disassemble any part of the software underlying the Services.
• Use automated scripts, spiders, or scrapers to collect data from the Services without our express written permission.
• Introduce viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material.

5. Intellectual Property Rights

The EcomSense™ brand, the website, the web application, and all original content, features, code, and functionality are the exclusive property of Shahar Pitaru and Yaarit Cohen and are protected by international copyright, trademark, and intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Services strictly in accordance with these Terms or your specific Usage Contract. You may not reproduce, distribute, modify, or create derivative works from any part of our Services without our prior written consent.

6. Third-Party Links and Services

Our Services may contain links to third-party websites or integrate with third-party tools (such as Clerk, Base44, or analytical providers). We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by your use of any such third-party content or services.

7. Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that any defects or bugs will be corrected.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHAHAR PITARU, YAARIT COHEN, OR THEIR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR AUTHENTICATION PROVIDERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN.

Note for Contracted Users: If your company holds a valid Usage Contract with us, the limitations of liability negotiated within that specific contract shall apply to your corporate entity.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in the competent courts located in the Tel Aviv District, Israel, and you hereby consent to the personal jurisdiction of such courts.

10. Changes to These Terms

We reserve the right to modify or replace these Terms at any time. We will provide notice of significant changes by posting the updated Terms on the Services and changing the "Last updated" date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

11. Contact Information

If you have any questions about these Terms, please contact us at:

Owners: Shahar Pitaru & Yaarit Cohen

Email: info@ecomsense.ai

Mailing Address: Shahar Pitaru, P.O. Box: 24183, 6124101, Israel