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Terms of Service

Version 4.0 · Last updated 2026-07-14

1. Acceptance of these Terms

PLEASE READ THESE TERMS CAREFULLY. These Terms of Service (the “Terms”) form a binding agreement between you and Omniconvert SRL, a private limited liability company organised under the laws of Romania, having its registered office at Strada Vasile Vasilievici Stroescu 14, 021374 Bucharest, Romania (“Omniconvert”, “we”, “us”, “our”), and they govern your access to and use of the website and audit service operated at https://ecommercebenchmark.ai (the “Service”).

By accessing or using the Service or by clicking any control that signifies acceptance of these Terms, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

If you are accessing the Service on behalf of an organisation (an employer, a client, or any other entity), you represent that you have authority to bind that organisation, and references to “you” mean both you personally and that organisation.

2. Definitions

In these Terms:

  • “Audit Result” means any score, breakdown, recommendation, or other output produced by the Service in response to a domain submission.
  • “Content” means any text, data, link, image, or other material submitted to or generated by the Service.
  • “Effective Date” means the date on which you first access the Service or accept these Terms, whichever is earlier.
  • “Service” means the website, web application, application programming interfaces, and related materials operated at https://ecommercebenchmark.ai, including any successor domains or related properties operated by Omniconvert.
  • “Third-Party Service” means any product, service, or website operated by a party other than Omniconvert that is referenced, linked, or integrated by the Service.
  • “User Content” means any Content you submit, including domain inputs and email addresses.

3. The Service

The Service is a benchmarking tool — free to use for the audit described here, and with optional paid credits where offered (see §5A) — that produces an Audit Result for a Shopify storefront domain across six modules: Creative & Ads, Reviews & UGC, AI Visibility, Agentic Commerce, Competitor Synthesis, and Conversion-Rate-Optimisation (CRO) Audit. Audit Results are generated from publicly accessible web data and aggregated industry benchmarks computed and maintained by Omniconvert and its data partners.

Independence from Shopify Inc. The Service is operated by Omniconvert SRL as an independent third-party tool. It is not affiliated with, endorsed by, sponsored by, certified by, or otherwise connected to Shopify Inc. or any of its subsidiaries or affiliates. References to “Shopify”, “Shopify storefronts”, the Shopify platform, or related terminology throughout the Service are descriptive only, made on a nominative-use basis, and do not imply any commercial relationship. “Shopify” is a registered trade mark of Shopify Inc.; all rights reserved by their respective owners. If you require a Shopify-affiliated audit, certification, or partner integration, please contact Shopify Inc. directly — the Service does not provide one and does not represent itself as one.

We reserve the right to add, alter, or remove modules and features at any time, and to determine in our reasonable discretion the methodology by which Audit Results are calculated.

4. Eligibility

To use the Service, you must be at least 16 years old (or the age of legal capacity in your jurisdiction, if higher) and capable of forming a binding contract. The Service is intended for use by Shopify store operators, marketers, agencies, and other professional users; it is not intended for personal, household, or consumer use unrelated to a commercial purpose.

5. Accounts

You can run an audit without an account. You may also create an account — by signing in with Google, by registering an email address and password, by requesting a one-time sign-in link, or via Omniconvert single sign-on — which lets you see more of each audit and keep your results.

Free-audit allowance. Anonymous use is subject to a limit on how many audits may be run from one device. We apply this limit to keep the Service available and to control the third-party costs each audit incurs. Signing in raises the limit. You must not attempt to circumvent it (for example by clearing or forging the identifiers described in our Cookie Policy, or by scripting the Service).

Your responsibilities. You must provide accurate registration information, keep your credentials confidential, and tell us promptly at support@omniconvert.com if you believe your account has been used without your authorisation. You are responsible for activity carried out through your account, except to the extent it results from our failure.

Eligibility. Accounts are for users acting in a business or professional capacity. You must be old enough to form a binding contract in your jurisdiction.

Suspension and termination. You may delete your account at any time by contacting support@omniconvert.com; we will delete the associated personal data in accordance with the Privacy Policy. We may suspend or terminate an account that breaches these Terms, that is used to circumvent the free-audit allowance, or where required by law — giving you notice and an opportunity to remedy the breach where it is reasonable and lawful to do so.

5A. Paid Credits (where offered)

Parts of the Service may be offered on a paid basis, in the form of credits that unlock a full audit. Where paid credits are offered:

  • Price and taxes. The price is the one displayed at the time of purchase. Prices are stated inclusive or exclusive of VAT as indicated at checkout; where VAT or other taxes apply, they are added and shown before you confirm.
  • Payment. Payment is taken by our payment provider through Omniconvert's central account service. We do not receive or store your full card details.
  • Delivery. Credits are added to your account once payment is confirmed. A credit is consumed when it is used to run a full audit.
  • Expiry. Credits do not expire.
  • Refunds. Unused credits may be refunded in full within 14 days of purchase. A credit that has been used to run an audit cannot be refunded, because the audit has been delivered. Contact support@omniconvert.com.
  • Consumers — right of withdrawal. If you are a consumer in the EU or UK, you normally have 14 days to withdraw from a purchase of digital content. By running an audit with a credit, you ask us to begin supplying that digital content immediately and you acknowledge that you thereby lose the right of withdrawal for that credit (Article 16(m), Directive 2011/83/EU). Credits you have not used remain refundable within the 14-day period. Nothing here limits your statutory rights where the content supplied is faulty or not as described.
  • Order confirmation. After a successful purchase we send you a confirmation and an invoice by email. We are required by Romanian accounting law to retain invoices for ten years; that obligation overrides a request to delete the invoice itself.
  • Changes. We may change prices prospectively. A change never affects credits you have already bought.

Business users. The right of withdrawal described above is a consumer right. Where you purchase in the course of a trade, business, craft or profession, it does not apply to you.

6. Acceptable Use

You agree that you will not, and will not assist any third party to:

  • Use the Service to audit domains where you do not have a legitimate business purpose for doing so.
  • Attempt to circumvent rate limits, authentication controls, security measures, or technical restrictions of the Service.
  • Scrape, redistribute, resell, or otherwise commercialise any Audit Result, leaderboard ranking, or other output of the Service, except as expressly permitted by these Terms.
  • Use the Service to harass, defame, disparage, or unfairly target any natural or legal person.
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity, including by submitting an audit on behalf of an organisation without authority to do so.
  • Reverse-engineer, decompile, disassemble, or attempt to extract source code or proprietary algorithms from the Service, except to the extent that the applicable law expressly permits such activity notwithstanding any contractual restriction.
  • Use any automation, bot, or other tool to access the Service except via documented public interfaces and within published rate limits.
  • Use the Service to develop a competing product or service.
  • Use the Service in any manner that infringes any third-party intellectual-property right, violates any applicable law (including export-control, sanctions, anti-spam, and data-protection law), or compromises the security or integrity of any computer system.

We reserve the right to investigate and respond to any suspected breach of this section, including by blocking IP addresses, deleting offending content, and notifying competent authorities.

7. Audit Results — Informational Only

Audit Results are informational only. We make a good-faith effort to produce useful and accurate benchmarks, but we make no representation or warranty as to the accuracy, completeness, currency, or fitness for any particular purpose of any Audit Result. You must not rely on an Audit Result as the sole basis for any material business decision, investment, or contractual commitment. Independent verification is your responsibility.

Where any module displays a “PREVIEW”, “DEMO DATA”, or equivalent badge, the underlying score is illustrative only and is generated from indicative values pending integration with the relevant data partner.

Audit Results are not legal, financial, accounting, tax, regulatory, investment, marketing, or other professional advice, and must not be relied upon as such. The Service does not constitute a regulated audit, certification, attestation, or endorsement of any kind, and is not provided by chartered, certified, or otherwise regulated professional auditors. Any decision that has legal, financial, or material commercial consequences should be made on the basis of advice from a qualified professional, not on the basis of an Audit Result.

8. Intellectual Property

The Service — including its design, code, methodology, scoring algorithms, prompt templates, written content, and the “Ecommerce Benchmark” brand — is owned by Omniconvert or its licensors and is protected by copyright, trade-mark, database-right, and other intellectual-property laws. Nothing in these Terms transfers to you any right, title, or interest in or to the Service, except for the limited right to use the Service in accordance with these Terms.

“Shopify” trade mark. “Shopify” is a registered trade mark of Shopify Inc. The Service is not affiliated with, endorsed by, sponsored by, certified by, or otherwise connected to Shopify Inc. or any of its subsidiaries or affiliates (see also §3 above). References to Shopify, Shopify storefronts, the Shopify platform, the Shopify App Store, Shopify Plus, or related terminology are made solely for descriptive purposes and on a nominative-use basis. No use of the “Shopify” trade mark by the Service should be construed as a claim of partnership, certification, official-tool status, or any other commercial relationship with Shopify Inc. If your use case requires a Shopify-endorsed or Shopify-Partner-certified audit, you should contact Shopify Inc. directly.

User Content. You retain all rights, title, and interest in and to User Content you submit. You grant Omniconvert a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, process, and display User Content solely for the purpose of operating and improving the Service and providing it to you, for the term necessary for those purposes.

9. Third-Party Services

The Service surfaces links and references to Third-Party Services, most prominently Nexus by Omniconvert, CRO Benchmark, and the publicly accessible storefronts being audited. We do not control Third-Party Services. Your use of any Third-Party Service is governed by that service's own terms and privacy notice, and we make no representation or warranty about any Third-Party Service or about its terms.

10. Privacy

Our processing of personal data in connection with the Service is described in our Privacy Policy and our use of cookies and similar technologies is described in our Cookie Policy. Each of those documents is incorporated by reference into these Terms.

11. Changes to the Service

We may at any time, in our reasonable discretion, modify, suspend, or discontinue any part of the Service, in whole or in part, with or without notice. The free tier of the Service is provided at no charge and we make no guarantee of indefinite availability. Where a material adverse change is planned, we will use reasonable efforts to highlight it on the Service in advance.

12. Changes to These Terms

We may update these Terms from time to time. The “Last updated” date above will be revised on each update. Where an update materially changes your rights or obligations, we will post a notice on the Service for at least 30 days before the update takes effect. Your continued use of the Service after the effective date of an update constitutes your acceptance of the updated Terms; if you do not accept, you must cease using the Service before that date.

13. Term and Termination

These Terms apply from the Effective Date until terminated in accordance with this Section.

By you. You may terminate these Terms at any time by ceasing to use the Service.

By us. We may terminate or suspend your access to the Service, or these Terms, with or without notice and with or without cause, including for breach of these Terms or for security, legal, or operational reasons. Where reasonably practicable we will give notice.

Effects of termination. Upon termination, your right to use the Service ceases. Sections 7, 8, 14, 15, 16, 17, 18, 19, 20, and 21 (and any other provision that by its nature is intended to survive) survive termination. We may retain User Content for the periods described in our Privacy Policy.

14. Disclaimers of Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, without warranty of any kind, whether express, implied, statutory, or otherwise. Omniconvert specifically disclaims any and all warranties of merchantability, fitness for a particular purpose, accuracy, title, and non-infringement. Without limiting the foregoing, Omniconvert does not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that Audit Results will be accurate, complete, current, or fit for any particular use.

Nothing in these Terms is intended to exclude or limit any liability or right that cannot lawfully be excluded or limited, including (in particular) any non-excludable rights of consumers.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, in no event will Omniconvert (or its directors, officers, employees, agents, affiliates, or licensors) be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, or use, arising out of or in connection with these Terms or your use of (or inability to use) the Service, whether based in contract, tort (including negligence), strict liability, or any other legal theory, even if Omniconvert has been advised of the possibility of such damages.

Omniconvert's aggregate liability for all claims arising out of or in connection with these Terms or the Service will not exceed the greater of (a) fifty US dollars (USD 50.00) or its equivalent in another currency at the prevailing rate on the date of the claim; or (b) the total amount you have paid Omniconvert in the twelve (12) months preceding the event giving rise to liability, which, for a user of the free tier, is zero, and for a purchaser of credits is the amount actually paid.

This Section does not exclude or limit liability for: (i) death or personal injury caused by Omniconvert's negligence; (ii) fraud or fraudulent misrepresentation; (iii) any liability that cannot lawfully be excluded or limited under applicable law (including, where relevant, the rights of EU consumers under imperative member-state law).

16. Indemnification

To the extent permitted by applicable law, you will defend, indemnify, and hold harmless Omniconvert and its directors, officers, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (i) your breach of these Terms; (ii) your violation of any law or third-party right; (iii) your User Content; or (iv) your misuse of the Service.

We will give you prompt notice of any indemnifiable claim, allow you to control the defence (provided you do not settle in a manner that imposes obligations on us without our prior written consent), and reasonably co-operate in the defence. We reserve the right to assume the exclusive defence of any matter at our own expense, in which case you will co-operate as reasonably requested.

17. Force Majeure

Omniconvert will not be in breach of these Terms or liable for any delay or failure in performance caused by events beyond its reasonable control, including without limitation acts of God, natural disasters, war, terrorism, civil unrest, government action, labour disputes, internet or telecommunications failures, denial-of-service attacks, or the failure of any third-party service provider.

18. Governing Law and Jurisdiction

These Terms are governed by, and construed in accordance with, the laws of Romania, without regard to its conflict-of-laws rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

The courts of Bucharest, Romania, have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, except that:

  • Where you are an EU consumer, you retain the protection of imperative rules of the law of the member state of your habitual residence (Article 6 Regulation 593/2008 / Rome I) and may bring proceedings in the courts of that member state or in the courts of Bucharest, at your option;
  • Either party may seek injunctive or other equitable relief in any competent court to protect its intellectual-property rights or confidential information.

19. Notices

Any notice under these Terms must be given in writing. Notices to Omniconvert must be sent to support@omniconvert.com, and where the notice relates to formal legal action, simultaneously by post to Omniconvert SRL — Legal, Strada Vasile Vasilievici Stroescu 14, 021374 Bucharest, Romania. Notices to you may be given by posting to the Service.

20. Miscellaneous

Entire agreement. These Terms (together with the Privacy Policy, the Cookie Policy, and any other policies incorporated by reference) constitute the entire agreement between you and Omniconvert in relation to the Service and supersede any prior agreement on the same subject matter.

No waiver. A failure by Omniconvert to enforce any provision of these Terms does not constitute a waiver of that or any other provision.

Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable (or, if not possible, severed), and the remaining provisions will continue in full force and effect.

Assignment. You may not assign or transfer these Terms (or any rights or obligations under them) without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganisation, or sale of substantially all of our assets, on notice to you.

No third-party beneficiaries. These Terms do not, and are not intended to, confer any rights or remedies on any person other than you and Omniconvert.

Relationship of the parties. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Omniconvert.

Headings. Section headings are for convenience only and do not affect interpretation.

21. Contact

For any questions about these Terms, privacy matters, security disclosures, or other inquiries, contact support@omniconvert.com. We'll route your message to the appropriate team. Mark security disclosures with “Security” in the subject line so they're triaged on the security queue.