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Welcome to Ecommerce Checkpoint LLC. By accessing or using our website and services, you agree to be bound by these Terms of Service. Please read them carefully before using our services.
1. Acceptance of Terms
By accessing and using the services provided by Ecommerce Checkpoint LLC ("Company," "we," "us," or "our"), you accept and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our services.
2. Services Description
Ecommerce Checkpoint LLC provides ecommerce optimization and growth services, including but not limited to:
- Conversion rate optimization (CRO) and website optimization
- Ecommerce store audits and performance analysis
- Growth marketing and paid advertising management
- Analytics setup and data tracking implementation
- Strategic consulting and business growth planning
- Customer journey mapping and user experience optimization
3. Client Obligations
As a client, you agree to:
- Provide accurate and complete information about your business and store
- Maintain the confidentiality of your account credentials and access
- Comply with all applicable laws, regulations, and platform policies
- Provide necessary access to your store, analytics, and advertising accounts
- Pay all fees in accordance with the agreed-upon payment terms
- Provide timely feedback, approvals, and responses when required
- Implement recommended changes and optimizations as agreed
4. Payment Terms
Payment terms will be specified in individual service agreements. Generally:
- Fees are due as specified in your service agreement (typically monthly)
- Late payments may result in suspension of services after 15 days
- Advertising spend is separate from our service fees
- Refunds are subject to the terms in our Refund Policy
- You are responsible for all platform fees and advertising costs
- Pricing is subject to change with 30 days written notice
5. Intellectual Property
All strategies, methodologies, proprietary tools, and materials created by Ecommerce Checkpoint LLC remain our intellectual property unless otherwise agreed in writing. Upon full payment, clients receive:
- A license to use deliverables for their intended business purpose
- Ownership of custom store modifications and implementations
- Access to analytics data and reports generated during service
- Rights to continue using implemented strategies after service ends
You retain ownership of your store, products, branding, and customer data at all times.
6. Performance and Results
While we strive to deliver exceptional results and have a proven track record:
- We do not guarantee specific revenue increases, conversion rates, or ROI
- Ecommerce performance depends on multiple factors including product quality, market conditions, competition, seasonality, and your implementation of recommendations
- Past performance and case studies do not guarantee future results
- Results may vary based on your industry, niche, and business model
- We provide realistic projections based on data and industry benchmarks
7. Confidentiality
Both parties agree to maintain confidentiality of proprietary information shared during the course of the business relationship. This includes:
- Business strategies, financial data, and performance metrics
- Customer data, email lists, and marketing materials
- Proprietary tools, methodologies, and optimization techniques
- Any information marked as confidential or reasonably considered sensitive
Confidentiality obligations survive the termination of our service agreement.
8. Service Term and Termination
Either party may terminate services with written notice as specified in the service agreement. Upon termination:
- Client remains responsible for all fees incurred through the termination date
- We will provide final reports and transfer of implemented systems
- All confidentiality obligations continue after termination
- You retain ownership of your store and all customer data
- Access to our proprietary tools and platforms will end
Immediate Termination Rights
We reserve the right to terminate services immediately without refund if:
- Payment is not received within 15 days of the due date
- Client violates platform policies or terms of service
- Client provides false or fraudulent information
- Client engages in prohibited or illegal business activities
- Client violates these Terms of Service
9. Limitation of Liability
To the fullest extent permitted by law:
- Our total liability is limited to the fees paid for services in the preceding 12 months
- We are not liable for indirect, incidental, consequential, or punitive damages
- We are not responsible for platform outages, policy changes, or account suspensions
- Clients are responsible for compliance with all ecommerce regulations and laws
- We are not liable for loss of revenue, profits, or business opportunities
- We are not responsible for third-party services, tools, or platforms
10. Indemnification
You agree to indemnify and hold Ecommerce Checkpoint LLC harmless from any claims, damages, or expenses arising from:
- Your use of our services
- Violation of these Terms of Service
- Infringement of third-party rights
- Your products, services, or business practices
- Content you provide for marketing or optimization
- Your violation of any laws or regulations
11. Platform Compliance
Clients must ensure their ecommerce stores and practices comply with:
- All applicable federal, state, and local laws
- Platform policies (Shopify, WooCommerce, BigCommerce, etc.)
- Payment processor requirements and regulations
- Consumer protection laws and truth in advertising standards
- Data protection and privacy regulations (GDPR, CCPA, etc.)
- Industry-specific regulations for your products
12. Data and Analytics
When providing our services:
- You grant us access to necessary store data and analytics
- We may use anonymized, aggregated data for industry research and benchmarking
- You retain ownership of all your customer and business data
- We implement appropriate security measures to protect your data
- Upon service termination, we will delete or return your data as requested
13. Third-Party Services
Our services may integrate with or recommend third-party tools and platforms. We are not responsible for:
- The availability, functionality, or policies of third-party services
- Costs associated with third-party tools or platforms
- Changes to third-party terms, pricing, or features
- Data practices or security of third-party services
14. Warranties and Disclaimers
Our services are provided "as is" and "as available." We disclaim all warranties, express or implied, including but not limited to:
- Warranties of merchantability or fitness for a particular purpose
- Warranties of uninterrupted or error-free service
- Warranties regarding specific results or outcomes
We make every effort to provide high-quality services but cannot guarantee perfection in all circumstances.
15. Dispute Resolution
Any disputes arising from these Terms will be resolved through:
- Good Faith Negotiation: Direct communication between parties
- Mediation: If negotiation fails, binding mediation in Wyoming
- Arbitration: If mediation fails, binding arbitration under AAA rules
- Governing Law: Laws of the State of Wyoming, United States
- Venue: Disputes must be brought in Wyoming courts
16. Changes to Terms
We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to our website with an updated "Last Updated" date. Your continued use of our services constitutes acceptance of modified terms.
However, changes will not affect existing service agreements unless both parties agree to amended terms in writing.
17. Force Majeure
We are not liable for failure to perform services due to circumstances beyond our reasonable control, including but not limited to:
- Natural disasters, pandemics, or acts of God
- Government actions, regulations, or restrictions
- Internet outages or infrastructure failures
- Platform changes or third-party service disruptions
18. Assignment
You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations to another entity in connection with a merger, acquisition, or sale of assets.
19. Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect.
20. Entire Agreement
These Terms of Service, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Ecommerce Checkpoint LLC regarding our services.
21. Contact and Notices
All notices and communications under these Terms should be sent to:
- Email: admin@ecommercecheckpoint.com
- Mail: 30 N Gould Street, Sheridan, Wyoming 82801, United States
Notices are considered delivered when sent via email or 5 business days after mailing.