Terms of Service

Last Updated: December 3, 2025

These Terms of Service (the "Terms") are a legal agreement between Olyria Technology LLC (doing business as Ekomspace, "Ekomspace," "We," "Us," or "Our"), a Delaware Limited Liability Company with EIN 41-2740324, and you ("User," "You," or "Your").

By accessing, purchasing, or using the e-commerce software platform and related services (the "Service") provided by Ekomspace, You agree to be bound by these Terms, the Privacy Policy, the Acceptable Use Policy, and all other policies incorporated herein by reference.

1. Account Terms and User Obligations

1.1. Account Registration

To access the Service, You must register for an Ekomspace account. You agree to provide current, complete, and accurate information, including your full legal name, a valid email address, billing address, and a password (optional phone number). You agree to maintain and promptly update this information.

1.2. Security and Responsibility

You are responsible for maintaining the confidentiality of your account password and are fully responsible for all activities that occur under Your account. Ekomspace will not be liable for any loss or damage from Your failure to maintain the security of your account.

1.3. Eligibility

You must be eighteen (18) years of age or older, or the age of legal majority in your jurisdiction, to use the Service.

1.4. Prohibited Conduct and User Store Compliance

You agree not to use the Service for any illegal or unauthorized purpose. You are solely responsible for ensuring that Your e-commerce store and all activities conducted through it comply with all applicable laws, regulations, and statutes. This includes:

1.5. Acceptable Use Policy (AUP)

You agree to abide by Ekomspace's Acceptable Use Policy (AUP), which is incorporated into these Terms by reference.

2. Payment, Billing, and Refunds

2.1. Pricing and Billing

The Service is provided on a subscription basis, billed in advance (prices in Euros, excluding VAT/Taxes):

2.2. Payment Processing

All payments are processed through Stripe. Ekomspace is not liable for any issues related to Stripe's services.

2.3. Taxes

You are solely responsible for all applicable taxes, including VAT, sales tax, or other governmental charges.

2.4. Refund Policy

Ekomspace offers a fourteen (14) day money-back guarantee for initial purchases of any subscription plan. This guarantee is limited to the first-time purchase and does not apply to renewals, subsequent purchases, or domain name registrations.

2.5. Automatic Renewal

Your subscription will automatically renew at the end of its term unless canceled.

3. Ownership and Intellectual Property Rights

3.1. Ekomspace Intellectual Property

Ekomspace exclusively owns all rights, title, and interest in and to the Service, including all software, codes, underlying technology, platforms, designs, and all associated intellectual property rights.

3.2. User Content Ownership

You retain all ownership rights to the data, text, files, information, images, graphics, photos, videos, or any other materials that You upload or transmit to Your e-commerce store ("User Content").

3.3. License to Ekomspace

By uploading User Content, You grant Ekomspace a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, distribute, display, and modify the User Content only as necessary to provide, operate, and promote the Service.

3.4. Feedback

You agree that any suggestions, ideas, or feedback You provide to Ekomspace may be used by Ekomspace without any obligation to compensate You.

4. Hosting, Technical Terms, and Data

4.1. Hosting and Infrastructure

The websites created via the Service are hosted on Hetzner, Google Cloud, and Supabase. We are not responsible for any downtime caused by these third-party providers.

4.2. Usage Limits

Ekomspace does not impose fixed limits on bandwidth, storage, or products. However, You agree not to engage in resource abuse.

4.3. Data Backup and Security

Ekomspace performs a minimum of one (1) daily backup. However, Ekomspace does not guarantee the retention or recovery of data. You are solely responsible for maintaining Your own independent backup copies.

4.4. Domain Names

You are responsible for purchasing and managing Your domain name. Ekomspace is not liable for any issues arising with third-party domain registrars.

4.5. Payment Security (PCI DSS)

Ekomspace utilizes Stripe, which is fully compliant with PCI DSS.

5. Indemnification

You agree to indemnify, defend, and hold harmless Olyria Technology LLC and its affiliates from any claim arising out of Your breach of these Terms, Your User Content, any products or services sold by You, or Your violation of any law or rights of a third-party.

6. Limitation of Liability and Disclaimer of Warranty

6.1. Disclaimer of Warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

6.2. Limitation of Liability

Ekomspace's total liability to You for any claim shall not exceed the amount of fees paid by You in the three (3) months preceding the claim.

7. Modifications and Governing Law

7.1. Term, Termination, and Suspension

Ekomspace may terminate or suspend the Service immediately for breach of these Terms, non-payment, or illegal activity. You may cancel your subscription at any time.

7.2. Changes to the Terms

Ekomspace reserves the right to update these Terms. We will provide a minimum of thirty (30) days notice for material changes.

7.3. Copyright Policy and DMCA Notice

If You believe that any content hosted by Ekomspace infringes upon your copyright, please submit a notice to our designated Copyright Agent at [email protected].

7.4. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Delaware, U.S.A. If You are an individual consumer residing within the EEA, mandatory consumer protection laws of Your jurisdiction shall prevail.