Terms of Service

Ecommerce Emissary Agency LLC

 

Last Updated: Nov, 2025

 

These Terms of Service (“Terms”) govern your access to and use of www.theemissaryagency.com (the “Website”) and any conversion rate optimization, Shopify consulting, growth optimization, design, development, analytics, or related services provided by Ecommerce Emissary Agency LLC (“Company,” “we,” “us,” or “our”). By accessing the Website or engaging our Services, you agree to be legally bound by these Terms.

 

1. Acceptance of Terms

 

By accessing, browsing, or using the Website, or by entering into any proposal, statement of work (“SOW”), contract, or engagement with the Company, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access the Website or engage our Services.

 

2. Scope of Services

 

The Company provides conversion rate optimization (CRO), Shopify optimization, UX/UI strategy, experimentation, analytics, funnel optimization, performance consulting, and related advisory services (collectively, the “Services”). All Services are provided exclusively pursuant to a separate written SOW, proposal, or agreement. Each SOW defines the scope, deliverables, timelines, assumptions, dependencies, and fees. In the event of any conflict, the SOW shall control these Terms.

 

3. No Guarantee of Results

 

You expressly acknowledge and agree that:

• CRO, experimentation, and performance optimization involve inherent uncertainty;
• Results may vary based on traffic quality, product-market fit, pricing, fulfillment, market conditions, ad platforms, Shopify limitations, third-party tools, and client execution;
• No guarantees are made regarding revenue, conversion rates, profits, sales volume, rankings, or business outcomes unless explicitly stated in a signed SOW.
• Past performance, case studies, examples, benchmarks, or projections are illustrative only and do not constitute guarantees.

 

4. Website Use

 

You agree not to:

• Introduce malware, viruses, or malicious code;
• Attempt unauthorized access to systems or data;
• Misrepresent affiliation with the Company;
• Scrape, copy, or reuse Website content without permission.
• We reserve the right to restrict or terminate Website access at our sole discretion.

 

5. Accounts, Access & Security

 

If Services require access to Shopify stores, analytics platforms, ad accounts, heat-mapping tools, or third-party software, you:

• Grant limited access solely for Service delivery;
• Remain fully responsible for account security;
• Acknowledge that access may be revoked by platforms outside our control.
• We are not liable for losses caused by platform outages, access revocation, or third-party system failures.

 

6. Fees, Invoicing & Payments

 

• Fees are defined in the applicable SOW;
• Invoices are due within fourteen (14) days, unless otherwise stated;
• Late payments may accrue interest at 1.5% per month or the maximum lawful rate, whichever is lower;
• You are responsible for all approved third-party costs, software, tools, or subscriptions required for performance of the Services.
• Failure to pay may result in work suspension without liability.

 

7. Client Responsibilities

 

You agree to:

• Provide accurate, lawful, and complete materials;
• Maintain compliance with Shopify policies, consumer protection laws, and advertising regulations;
• Obtain all rights, licenses, and permissions for content, products, data, and offers;
• Implement recommendations at your own discretion and risk.
• Delays or failures caused by Client action (or inaction) shall not constitute breach by the Company.

 

8. Intellectual Property

 

All proprietary methodologies, CRO frameworks, templates, experiments, systems, processes, code, tooling logic, and know-how remain exclusive property of the Company. Upon full payment, the Client receives a limited, non-exclusive, non-transferable license to use final deliverables solely for internal business purposes. You may not resell, sublicense, reverse-engineer, or publicly disclose Company methodologies.

 

9. Confidentiality

 

Both parties shall protect confidential information using commercially reasonable safeguards. Confidentiality obligations survive termination for three (3) years, except where disclosure is required by law.

 

10. Data, Analytics & Privacy

 

You acknowledge that:

• Data accuracy depends on third-party tools (Shopify, GA, Meta, etc.);
• Analytics discrepancies may occur;
• We are not responsible for data loss, tracking errors, attribution inaccuracies, or platform changes.
• Personal data is handled per our Privacy Policy and applicable data protection laws.

 

11. Warranty Disclaimer

 

Services and Website content are provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.