Terms of Service

Last updated: 11 September 2026

These Terms are a contract between E-Commerce Growth Solutions Ltd, trading as The E-Commerce Accelerator ("we", "us"), and the business that creates a workspace ("you"). By creating a workspace, ticking the acceptance box at sign-up, or paying for a plan, you accept these Terms on behalf of that business. We record the version you accepted and when.

1. The service

AI Head Office is a hosted analytics, planning and AI-drafting platform for e-commerce brands. It connects to platforms you authorise, presents your data, and produces drafts and recommendations. Features may be added, changed or retired; we will give 30 days' notice before retiring a feature you pay for.

2. Eligibility and accounts

• You must be a business, and the person accepting must be authorised to bind it. The service is not for consumers or anyone under 18.
• You are responsible for everyone you invite to your workspace, for keeping credentials secure, and for the settings you choose, including the access you grant to team members.
• Some access controls in the product are labels for your own organisation and are not enforced by us unless the product says so.

3. Plans, fees and billing

• Plans and prices are shown in the app and on our website. The current plans are Lite (free, limited features) and Launch (US$500 per month or US$4,000 per year).
• Paid plans are billed in United States dollars through Shopify Billing to the Shopify store connected to your workspace, on Shopify's billing cycle.
• Prices exclude tax. New Zealand goods and services tax is added for customers in New Zealand. We are not registered for Australian goods and services tax and do not charge it; Australian customers may need to account for it under the reverse-charge rules.
• We may gift a plan to a workspace. A gifted plan replaces, and cancels, any paid subscription.
• Price changes take effect at your next renewal after 30 days' notice. If you do not accept a price change you may cancel before it applies.
• Refunds: you may cancel at any time and keep access until the end of the period you have paid for. We do not give refunds for change of mind or for unused time. Nothing in this clause limits any right to a refund or remedy you have under the Australian Consumer Law or any other law that cannot be excluded.

4. Consumer law

Nothing in these Terms excludes rights you have under the Australian Consumer Law or any other law that cannot be excluded. Where the Australian Consumer Law applies, our services come with guarantees that cannot be excluded, and where we are permitted to limit our liability for a failure to comply with a guarantee we limit it to re-supplying the services or paying the cost of re-supply. You agree that you acquire the service for the purposes of a business and that the New Zealand Consumer Guarantees Act 1993 does not apply, as permitted by section 43 of that Act.

5. Connected platforms and authority to act

• You confirm you are authorised to connect each platform account and to grant us the scopes we request.
• Where you grant write access (for example Meta ads_management, Klaviyo campaign writing, Asana), you authorise us to create and update objects on your instruction. Anything we create in an advertising account is created paused; you decide whether to activate it and you are responsible for any spend.
• Platforms may change or withdraw access. We are not responsible for a platform's outage, API change, policy change, or a decision by the platform about your account.
• You are responsible for your own compliance with each platform's terms, including Shopify's, Meta's and Google's policies for data you obtain through them.

6. Your data

• You own the data you bring into the service and the outputs generated from it in your workspace. You grant us a licence to host, process, display and transform that data solely to provide the service to you, to secure it, and to comply with law.
• We process personal information on your behalf as set out in the Data Processing Addendum in Schedule 1. You are responsible for having the right to give us that information, including any notice or consent your customers, reviewers and contacts are entitled to.
• We may use aggregated statistics that cannot identify you, your customers or any person to improve and describe the service. We do not use your data to train AI models, and we contract with our AI providers on the same basis.

7. Public content and research features

Some features collect publicly available content about competitors, creators and consumers at your request, using third-party collection services. You direct what is collected. You agree to use that content only inside your workspace for market understanding and creative development, not to identify, contact, target or profile any individual, and not to republish it. The platforms the content comes from may object to its collection; we may limit or remove these features if a platform or law requires it, and you acknowledge that risk is inherent in the feature.

8. AI-generated content

• Drafts, answers, forecasts and recommendations are produced by AI models and by rules we maintain. They are drafts. They may be wrong, incomplete or unlawful to publish as written. You must review them before use.
• You alone are responsible for every advertisement, email or claim you publish, including compliance with the Fair Trading Act 1986, the Australian Consumer Law, the Therapeutic Goods Act 1989 and the Therapeutic Goods Advertising Code, the Medicines Act 1981 and any product-specific rules. Where you supply brand rules (for example a no-disease-claims rule) we apply them, but we do not guarantee that every output complies. If you sell therapeutic goods, you are responsible for the rules on testimonials and endorsements in advertising, including where a draft places a customer review in an advertisement.
• If you supply your own AI provider key or token, you are responsible for that provider's terms and charges, and you authorise us to send it to our generation services to run your requests.

9. The E-Commerce Accelerator programme

This clause applies only if your workspace is part of our coaching programme.

• Coach access. Our coaches and platform staff may view and edit your workspace to deliver coaching. Every such person has multi-factor authentication, a signed confidentiality agreement, and their actions are logged.
• Cohort transparency. Coaching works by comparison. You agree that your business results (for example revenue, spend, return on ad spend, margins, growth and creative performance) may be shown to and discussed with other programme participants in coaching sessions, and that you will see theirs. Your customers' personal information is never part of that. Clause 12 (confidentiality) is modified to that extent.
• Call recording. Strategy calls may be recorded and transcribed. The recording is announced at the start of every recorded call and by joining you consent to it for yourself and confirm that anyone you bring to the call has consented. This is required because participants join from every Australian state and some states require the consent of every party.
• Coaching questions you submit are handled in our own task system.
• You may withdraw any call from your workspace context at any time.

Programme membership is governed by your programme agreement; these Terms govern the software. If the two conflict on a point about the software or your data, these Terms apply.

10. Acceptable use

You must not: access another customer's data or attempt to; reverse-engineer or copy the service; upload malware or unlawful content; use the service to send unsolicited messages; use it to collect information about individuals for surveillance, discrimination or harassment; or resell it. We may suspend a workspace to stop a breach, and will tell you why.

11. Availability and support

We aim for high availability but do not promise uninterrupted service. Scheduled maintenance will be notified in advance where practical. Support is by email at aiheadoffice@theecommerceaccelerator.com during New Zealand business hours.

12. Confidentiality

Each of us will keep the other's confidential information confidential and use it only for this agreement. Your workspace data is your confidential information. This clause survives termination.

13. Security and incidents

We maintain the safeguards described in our Privacy Policy. If we become aware of a security incident affecting your data we will notify you without undue delay and within 72 hours of confirming it, with what we know, what we have done, and what you should do. Notices go to your workspace owner by email.

14. Intellectual property

We own the service, its software, designs and frameworks. You own your data and your outputs. Neither party gains rights in the other's property beyond the licences in these Terms. If you give us feedback we may use it without obligation.

15. Liability

• Neither party excludes liability for death or personal injury caused by negligence, fraud, breach of clause 12 (confidentiality), or anything that cannot be limited by law.
• Subject to that, neither party is liable to the other for loss of profit, revenue, goodwill or data, or for indirect or consequential loss, however arising.
• Subject to both of the above, each party's total liability under or in connection with these Terms in any 12-month period is limited to the fees payable by you for twelve months at your plan's annual rate, or US$500 if you are on a free plan.
• These limits are proportionate to the price of the service and are reflected in it.

16. Indemnities

• You indemnify us against third-party claims arising from content you publish, platforms you connect without authority, or your breach of clause 7 or 10.
• We indemnify you against third-party claims that the service, used as permitted, infringes their intellectual property, provided you tell us promptly and let us handle the defence.
• Each indemnity is limited by clause 15 except for claims caused by wilful misconduct.

17. Term, suspension and termination

• These Terms apply while you have a workspace. You may delete your workspace or cancel at any time.
• We may suspend or terminate for a material breach not fixed within 14 days of notice, immediately for a breach of clause 10, or for non-payment 14 days after a reminder.
• We may retire the service on 90 days' notice, with a pro-rata refund of prepaid fees.
• On termination we make your data available for export for 30 days, then delete it in accordance with the Privacy Policy, keeping only what the law requires us to keep.

18. Changes to these Terms

We may change these Terms by giving workspace owners at least 30 days' notice by email. If a change materially reduces your rights you may terminate before it takes effect and receive a pro-rata refund of prepaid fees. Continued use after the effective date is not by itself acceptance; we will ask you to accept the new version at sign-in.

19. General

• Governing law and disputes: New Zealand law governs. Before starting proceedings each party will try in good faith to resolve the dispute by discussion, then mediation in Auckland, and the courts of New Zealand sitting in Auckland have exclusive jurisdiction. This does not prevent you from relying on consumer protection laws of the country where you are based, or either party from seeking urgent relief.
• Notices are by email: ours to your workspace owner's address, yours to aiheadoffice@theecommerceaccelerator.com.
• Assignment: you may not assign without our consent; we may assign to a successor of the business on notice.
• Entire agreement, severance, no waiver, force majeure in the usual form.

Schedule 1: Data Processing Addendum

This Schedule applies to personal information you bring into the service. It is written to satisfy the New Zealand Privacy Act 2020, the Australian Privacy Principles, and, because many of your customers may be in the United Kingdom, the European Union or the United States, Article 28 of the General Data Protection Regulation, its United Kingdom equivalent, and the service-provider requirements of United States state privacy laws.

1. Roles. For personal information about your customers, reviewers, contacts and staff, you are the principal, controller or business, and we are your agent, processor or service provider. For merchant-user account data and for public content we collect for research, we act as an agency and controller in our own right and our Privacy Policy applies.
2. Instructions. We process your personal information only to provide the service as configured by you, and as required by law. The service's features and your settings are your documented instructions. We will tell you if an instruction appears to breach applicable law.
3. Your warranties. You warrant that you have the right to give us the information, including any notice or consent your customers are entitled to. In particular: where you collect health or other sensitive information (for example through a quiz or intake form) you have obtained the consent the Australian Privacy Principles require and have told your customers it will be processed by service providers; where you sell to children or teenagers you comply with the Children's Online Privacy Code and any parental-consent requirement, and you will not instruct us to profile or target a child; and where the General Data Protection Regulation applies you have a lawful basis for the processing and for transferring the data to us.
4. Confidentiality and staff. Our personnel with access are bound by written confidentiality obligations and, for cross-workspace access, multi-factor authentication and audit logging.
5. Security. We maintain the measures in the Privacy Policy, including database-layer tenant isolation, encryption of credentials at rest, signed webhooks and encrypted backups, and will not reduce them during the term.
6. Sub-processors. You authorise the sub-processors in Schedule 2. We will give 30 days' notice of any addition by updating Schedule 2 and emailing workspace owners; you may object on reasonable data-protection grounds and, if we cannot resolve it, terminate for a pro-rata refund. We remain responsible for our sub-processors' performance.
7. Cross-border. Personal information is stored in South Korea and processed by sub-processors in the countries listed. We bind each sub-processor by contract to protect it comparably to New Zealand law. For transfers governed by European or United Kingdom law we rely on the European Union's adequacy decisions for New Zealand and South Korea, the United Kingdom's adequacy regulations for New Zealand, and, for United States sub-processors, their Data Privacy Framework certification or standard contractual clauses. You may request our sub-processors' transfer documentation.
8. Assistance. We will help you respond to access, correction, deletion, portability and objection requests, and to regulator enquiries, within the timeframes in the Privacy Policy. Platform-originated deletion requests (Shopify redact webhooks, Meta deletion callbacks) are honoured automatically. We will assist with a data protection impact assessment where you reasonably need our input.
9. Incidents. We notify you of a personal-information breach affecting your data within 72 hours of confirmation, with the details in clause 13, and cooperate with any notification you must make.
10. Deletion and return. On disconnection of a platform we delete that platform's data within 48 hours. On termination we provide export for 30 days then delete, subject to legal retention.
11. No sale or secondary use. We do not sell, share for advertising, or use your customers' personal information for any purpose other than providing the service to you, and we do not combine it with information from other customers.
12. Audit. Once a year, on 30 days' notice, we will answer a reasonable written security questionnaire and provide available third-party attestations for our sub-processors. Where a regulator or European or United Kingdom law requires more, we will cooperate with an audit by an independent assessor at your cost.

Schedule 2: Sub-processors

These are the sub-processors you authorise under Schedule 1 clause 6. The same register is published in section 8 of our Privacy Policy, which states what each one receives.

Platforms you connect yourself — Shopify, Meta, Google, TikTok, Klaviyo, Xero, Okendo, Judge.me, Yotpo and Loox — are not our sub-processors. You contract with them directly and we act on the authority you grant us.

Contact

E-Commerce Growth Solutions Ltd (trading as The E-Commerce Accelerator)
80 KahaKaha Lane, Māngere, Auckland 2022, New Zealand
aiheadoffice@theecommerceaccelerator.com