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Terms of Use

This English version is provided for convenience. In the event of any conflict or inconsistency between the two versions, the French version prevails.

1. Purpose

These terms govern access to and use of the Ekomy platform (“the Service”) by merchants (“the Client”). The Ekomy Service is provided by Otospex Solutions LLC, a New Mexico (USA) limited liability company, trading as “Ekomy”. By creating an account or using the Service, the Client accepts these terms.

2. Service description

The Service enables the Client to:

  • collect customer reviews after purchase, by email and by WhatsApp (through approved message templates);
  • moderate the reviews received (approval, rejection, reply) and benefit from automated analysis (including sentiment analysis);
  • publish approved reviews on its storefront through an embeddable widget;
  • connect its e-commerce store (PrestaShop first) to synchronize orders and customers, as well as its messaging channels (WhatsApp, Messenger, Instagram) where available.

The exact scope of available features may evolve; substantial changes are communicated to the Client. The Service is in its launch phase: service levels (SLA) will be the subject of specific contractual commitments where applicable.

3. Accounts

The Client warrants the accuracy of its account information, the confidentiality of its credentials, and is answerable for the use made of the Service through its account. Ekomy may suspend an account in the event of a serious breach of these terms, after notice except in urgent cases.

4. Client obligations regarding data

For the data of its end customers, the Client acts as controller; Ekomy acts as processor in accordance with the data processing agreement (DPA) available on request. The Client undertakes in particular to:

  • have a valid legal basis for transmitting to Ekomy the contact details and order data of its customers for review-collection purposes;
  • inform its customers of this processing in its own privacy policy;
  • honor its customers’ requests (objection, erasure) and use the Service’s tools for that purpose;
  • not import data that is not necessary for the Service.

5. Acceptable use

It is prohibited to use the Service to: publish or solicit fake reviews; send unsolicited messages outside the scope of post-purchase invitations; breach the policies of the connected messaging platforms (including Meta’s WhatsApp Business terms); infringe the rights of third parties; compromise the security or integrity of the Service. Review collection via WhatsApp is conditional on Meta’s approval of the message templates.

6. Intellectual property

The Service, its brand and its components remain the property of Ekomy. The Client retains all rights in its data and content; it grants Ekomy a license limited to what is necessary to provide the Service. Published reviews remain attached to the Client’s storefront.

7. Data protection

The processing of personal data is described in the privacy policy and, for the Client–processor relationship, in the DPA. Deletion arrangements are set out on the Data deletion page.

8. Liability

The Service is provided with professional diligence. Ekomy’s total aggregate liability under these terms, on any basis whatsoever, is limited to the amounts actually paid by the Client for the Service during the twelve (12) months preceding the event giving rise to the damage. Ekomy is in no event liable for indirect or consequential damages, in particular loss of profits, loss of revenue, loss of customers, loss of business or loss of data. These limitations and exclusions do not apply where liability cannot be limited under applicable law, in particular gross negligence, fraud or willful misconduct, and personal injury. Ekomy is not responsible for the content of reviews published by end customers, nor for the decisions of third-party platforms (template approval, channel availability).

9. Term, termination, reversibility

The contract runs for the subscribed term. On termination, the Client may request the export of its data, then its deletion under the arrangements set out on the Data deletion page.

10. Governing law

These terms are governed by the laws of the State of New Mexico, USA, without regard to its conflict of law provisions. Any dispute relating to their validity, interpretation or performance falls within the jurisdiction of the courts of Bernalillo County, New Mexico, USA. Mandatory consumer-protection provisions and local public-order rules continue to apply where they apply to the Client.

11. Contact

contact@ekomy.io, Version 1.1 — last updated 1 August 2026.