Terms of Service

1. Acceptance of Terms

Welcome to EchoCue. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and EchoCue ("we," "us," or "our") governing your access to and use of the EchoCue website (echocue.com), SMS communication platform, and related services (collectively, the "Services").

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

We reserve the right to modify these Terms at any time. Continued use of the Services after changes constitutes acceptance of the modified Terms.

2. Eligibility and Account Registration

2.1 Age Requirement

You must be at least 18 years old and capable of forming a binding contract to use our Services. By using our Services, you represent and warrant that you meet these requirements.

2.2 Account Creation

To use our Services, you must:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or security breach

2.3 Business Use

EchoCue is intended for legitimate business use. You represent that you have the authority to bind your organization to these Terms if using the Services on behalf of a business entity.

3. Acceptable Use and SMS Compliance

3.1 Permitted Use

You may use our Services to send legitimate business communications, including:

• Appointment reminders and confirmations
• Payment reminders and notifications
• Order updates and delivery notifications
• Customer service communications
• Surveys and feedback requests (with proper consent)
• Marketing messages (with explicit opt-in consent)

3.2 Consent Requirements

You are solely responsible for obtaining proper consent from recipients before sending them SMS messages. You must:

• Obtain prior express written consent for marketing messages
• Maintain records of consent for all recipients
• Provide clear opt-out mechanisms in every message
• Honor opt-out requests immediately (within 24 hours)
• Include your business identification in all messages
• Comply with TCPA, CTIA, and all applicable telecommunications regulations

3.3 Prohibited Content and Activities

You agree not to use our Services to send messages that:

• Violate any laws, regulations, or third-party rights
• Contain illegal content, including child exploitation material
• Promote illegal drugs, weapons, or controlled substances
• Contain fraudulent, deceptive, or misleading information
• Promote violence, terrorism, hate speech, or discrimination
• Constitute spam, phishing attempts, or unsolicited commercial messages
• Contain malware, viruses, or malicious code
• Violate intellectual property rights
• Harass, threaten, or abuse recipients
• Involve adult content or services
• Facilitate illegal gambling or pyramid schemes
• Impersonate others or misrepresent your identity

3.4 Technical Restrictions

You agree not to:

• Attempt to gain unauthorized access to our systems or data
• Interfere with or disrupt the Services or servers
• Use automated scripts or bots to access the Services
• Reverse engineer, decompile, or disassemble our software
• Remove, obscure, or alter any proprietary notices
• Use the Services to compete with EchoCue
• Share your account credentials with others

4. Billing, Payments, and Subscriptions

4.1 Pricing and Plans

Our pricing is based on subscription tiers and message usage as detailed on our pricing page. We reserve the right to modify pricing with 30 days' notice to existing customers.

4.2 Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis
• Message credits are consumed as messages are sent
• All fees are non-refundable except as required by law or stated in these Terms
• Prices are in USD unless otherwise specified
• You authorize us to charge your payment method automatically for recurring fees

4.3 Free Trials

Free trials are subject to limitations on features and message volume. At the end of the trial period, your account will automatically convert to a paid plan unless you cancel beforehand.

4.4 Late Payments and Suspension

If payment fails, we may suspend your account until payment is received. We reserve the right to charge late fees and interest on overdue amounts.

4.5 Taxes

You are responsible for all applicable taxes, and we may collect taxes where required by law.

5. Cancellation and Refunds

5.1 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of your current billing period.

5.2 Refund Policy

• Subscription fees are generally non-refundable
• Unused message credits do not carry over after cancellation
• We may provide refunds at our discretion for service failures or billing errors
• Refund requests must be submitted within 30 days of the charge

5.3 Effect of Cancellation

Upon cancellation, your access to the Services will terminate, and your data will be retained for 90 days before permanent deletion.

6. Data Ownership and Usage

6.1 Your Data

You retain all ownership rights to the data you upload to our platform, including contact lists and message content. You grant us a limited license to process this data solely to provide the Services.

6.2 Data Responsibility

You are solely responsible for the accuracy, quality, and legality of your data and the means by which you acquired it.

6.3 Data Backup

While we maintain backups, you are responsible for maintaining your own backup copies of your data.

7. Intellectual Property

7.1 Our Property

The Services, including all software, technology, designs, graphics, logos, and content (excluding your data), are owned by EchoCue and protected by copyright, trademark, and other intellectual property laws.

7.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms.

7.3 Restrictions

You may not reproduce, distribute, modify, create derivative works, publicly display, or otherwise exploit our intellectual property without express written permission.

8. Service Availability and Support

8.1 Uptime

We strive to maintain high availability but do not guarantee uninterrupted access. We may perform scheduled maintenance with advance notice when possible.

8.2 Message Delivery

While we work with reliable SMS gateway providers, we cannot guarantee delivery of all messages. Factors beyond our control (carrier issues, network problems, invalid numbers) may affect delivery.

8.3 Customer Support

We provide email support during business hours. Response times vary based on your subscription tier.

9. Termination and Suspension

9.1 By You

You may terminate your account at any time as described in Section 5.

9.2 By Us

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

• You breach these Terms
• Your use violates laws or regulations
• Your account shows signs of fraud or abuse
• You fail to pay fees when due
• We receive excessive complaints about your messages
• Continued operation would create legal liability or harm our reputation

9.3 Effect of Termination

Upon termination, your right to use the Services immediately ceases. You remain liable for all fees accrued before termination.

10. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND
• WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WE DO NOT GUARANTEE MESSAGE DELIVERY RATES OR RESPONSE RATES
• YOU USE THE SERVICES AT YOUR OWN RISK

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• ECHOCUE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• THIS INCLUDES DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL
• OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER
• THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY OF LIABILITY

Some jurisdictions do not allow limitation of certain damages, so some limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless EchoCue, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any laws or third-party rights
• The content of your messages
• Your failure to obtain proper consent from recipients

13. Dispute Resolution

13.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us to seek informal resolution of any dispute.

13.2 Governing Law

These Terms are governed by the laws of Jamaica, without regard to conflict of law principles.

13.3 Jurisdiction

Any disputes arising from these Terms or the Services shall be resolved in the courts of Kingston, Jamaica, and you consent to the exclusive jurisdiction of these courts.

13.4 Class Action Waiver

To the extent permitted by law, all disputes must be brought on an individual basis and not as part of a class action or representative proceeding.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and EchoCue regarding the Services.

14.2 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

14.3 Severability

If any provision is found unenforceable, the remaining provisions remain in full force and effect.

14.4 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

14.5 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control.

14.6 Notices

We may provide notices via email or through the platform. You agree that electronic notices satisfy any legal communication requirements.

15. Changes to Terms

We may modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date
• Notify you via email or platform notification
• Provide at least 30 days' notice for material changes that adversely affect your rights

Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms.

16. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us: