Terms of Service

For the purposes of these Terms:

• 'Platform' means the ExecCortex web application, API, mobile applications, and all related services
• 'Customer Data' means all data you upload, submit, or that is synchronized into the platform from your connected stores and services
• 'Services' means all features and functionality made available through the Platform
• 'Order' means any subscription, purchase, or free plan activation made through the Platform
• 'Connector' means any third-party integration authorized and configured by you within the Platform

You must provide accurate, current, and complete information when creating an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You agree to:

• Immediately notify us at security@execcortex.com if you suspect unauthorized access to your account
• Not share your account credentials with unauthorized parties
• Use strong passwords and enable two-factor authentication (available on all paid plans)
• Not create accounts for the purpose of circumventing restrictions or obtaining unfair access to features

ExecCortex is not liable for any loss resulting from unauthorized account access caused by your failure to safeguard credentials.

ExecCortex offers multiple subscription tiers. Plan features, limits, and pricing are described on the Pricing page and are subject to change with 30 days' notice for existing subscribers.

Billing terms:

• Subscriptions are billed monthly or annually in advance via Stripe
• Annual plans are non-refundable except where required by applicable law
• Monthly plans may be cancelled at any time; access continues until end of the billing period
• If payment fails, we will retry three times over 7 days before suspending your account
• Price changes for existing subscribers are communicated with 30 days' notice by email
• Taxes (VAT, GST, sales tax) are added where applicable based on your billing address

You authorize ExecCortex to charge your payment method on the billing cadence applicable to your chosen plan. All charges are in USD unless otherwise specified.

ExecCortex offers a permanent free plan subject to usage limits specified on the Pricing page. The free plan is intended for individual merchants and early-stage stores.

We reserve the right to:

• Modify free plan limits with 14 days' notice
• Suspend free accounts that are inactive for more than 90 days (with email notice before suspension)
• Limit API access on free plans

Free plans are not covered by SLA commitments applicable to paid plans.

You may use ExecCortex only for lawful purposes and in accordance with our Acceptable Use Policy (/legal/acceptable-use). You agree not to:

• Violate any applicable local, national, or international law or regulation
• Send unsolicited communications (spam) through any messaging channel connected to ExecCortex
• Transmit any material that is defamatory, obscene, fraudulent, or infringes any third party's intellectual property or privacy rights
• Reverse engineer, decompile, or disassemble any part of the platform
• Attempt to gain unauthorized access to any part of the platform, its databases, or connected systems
• Use automated means to scrape, crawl, or extract data from the platform beyond what is permitted by the API
• Violate the terms of any third-party platform connected to ExecCortex (including Meta, Google, Shopify, and WhatsApp Business Platform)
• Resell or sublicense access to the platform without a written reseller agreement

ExecCortex retains all rights, title, and interest in and to the platform, including all software, AI models, algorithms, design elements, documentation, and trademarks. These Terms do not grant you any ownership interest in the platform.

You retain all ownership of Customer Data. By submitting Customer Data to ExecCortex, you grant us a limited, non-exclusive, royalty-free license to process, store, and display that data solely for the purpose of delivering the Services to you.

AI-generated insights, reports, and recommendations produced by the platform ('Outputs') are provided to you for your use. You may use Outputs for your business purposes. ExecCortex does not claim ownership of Outputs, but we retain the right to use anonymized, aggregated patterns derived from Outputs to improve the platform.

The platform connects to third-party services. Your use of those integrations is subject to the third party's own terms and privacy policies. ExecCortex does not control and is not responsible for third-party services, their availability, or any changes they make to their APIs.

If a third-party platform (e.g., Shopify, Meta, Google) modifies, restricts, or terminates API access, we will make reasonable efforts to restore equivalent functionality, but we cannot guarantee continuity of any specific connector.

Use of WhatsApp Business API features through ExecCortex is additionally governed by Meta's WhatsApp Business Policy and WhatsApp Commerce Policy. You are responsible for ensuring your messaging use cases comply with those policies, including obtaining proper recipient consent, using only approved message templates for template messaging, and respecting opt-out requests immediately.

ExecCortex will suspend WhatsApp messaging functionality for any account receiving excessive opt-out rates or user complaints. Repeated policy violations may result in permanent disabling of WhatsApp features and reporting to Meta.

Similar policies apply to SMS (governed by carrier and TCPA/PECR requirements), email (CAN-SPAM / GDPR), and any other messaging channel accessible through the platform.

ExecCortex's AI features — including insights, forecasts, anomaly detection, and AI chat — are provided as intelligent tools to assist your decision-making. They are not professional financial, legal, or operational advice.

AI outputs may be inaccurate or incomplete. You are responsible for verifying AI-generated recommendations before acting on them. ExecCortex disclaims liability for business decisions made solely on the basis of AI-generated outputs.

When you enable AI features using your own API keys (OpenAI, Anthropic, Google, etc.), your use of those services is additionally governed by the respective provider's terms. ExecCortex is not responsible for charges incurred on your AI provider accounts.

Each party agrees to keep confidential the other party's non-public, proprietary information disclosed in connection with these Terms ('Confidential Information'). Customer Data is deemed your Confidential Information. ExecCortex's pricing, platform architecture, and roadmap information disclosed under NDA is deemed our Confidential Information.

Confidential Information does not include information that: (a) is publicly known; (b) was already known to the receiving party; (c) is independently developed without reference to the disclosing party's information; or (d) is required to be disclosed by law.

ExecCortex warrants that it will provide the Services with reasonable skill and care and in accordance with these Terms.

EXCEPT AS EXPRESSLY SET OUT ABOVE, THE PLATFORM IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, EXECCORTEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that: the platform will be uninterrupted or error-free; data synchronization from third-party platforms will be complete or real-time; AI outputs will be accurate; or that the platform will meet your specific business requirements.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EXECCORTEX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXECCORTEX'S TOTAL CUMULATIVE LIABILITY TO YOU FROM ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO EXECCORTEX IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) $100 USD.

Some jurisdictions do not allow limitation of liability for certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless ExecCortex, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your violation of these Terms
• Your Customer Data (including any claim that your data infringes a third party's rights)
• Your use of the platform in violation of any applicable law
• Your messaging campaigns and communications sent through the platform

Informal resolution: Before initiating any formal dispute, you agree to contact us at support@execcortex.com to attempt informal resolution. We will make a good-faith effort to resolve any dispute within 30 days.

Binding arbitration: If informal resolution fails, disputes shall be resolved by binding arbitration under the JAMS Streamlined Arbitration Rules. Arbitration will be conducted in English. The arbitrator's decision is final and binding.

Class action waiver: You waive any right to participate in class action litigation or class-wide arbitration related to your use of the platform.

Exceptions: Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction to protect intellectual property rights or confidential information.

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. For users in the EU, UK, or other jurisdictions with mandatory consumer protection provisions, nothing in these Terms limits rights granted by applicable mandatory law.

You may terminate your account at any time by cancelling your subscription in Settings. Termination takes effect at the end of the current billing period.

We may suspend or terminate your account immediately, without notice, if:

• You materially breach these Terms and fail to cure within 7 days of notice
• You engage in any use that poses a risk to the platform or other users
• You fail to pay fees when due
• We are required to do so by law or a third-party platform policy

On termination, your right to access the platform ceases. You have 30 days to export your data. After 30 days, we will delete all Customer Data unless retention is required by law.

We may update these Terms from time to time. We will provide at least 30 days' notice of material changes by email and in-app notification. Your continued use of the platform after the effective date of changes constitutes acceptance.

If you disagree with any changes, you may cancel your subscription before the effective date and receive a prorated refund of any prepaid fees for the remaining subscription period.

Entire agreement: These Terms, together with the Privacy Policy, Acceptable Use Policy, and any Order Forms, constitute the entire agreement between you and ExecCortex.

Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.

Waiver: Failure to enforce any right or provision does not constitute a waiver of that right.

Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Notices: Legal notices must be sent to support@execcortex.com. We will send notices to the email address on your account.

Force majeure: Neither party is liable for delays or failures resulting from events beyond reasonable control, including natural disasters, government actions, or third-party platform outages.