Terms of Service
By accepting these Terms and Conditions, you are entering into a legally binding agreement with echoz.ai, governing the use of our services, applications, or websites collectively referred to as the “Service” and “Our,” “Us,” or “We” respectively. Please carefully review these terms before using our services, as they constitute the terms of our agreement with you. Unless otherwise agreed upon in writing by both parties, this Agreement is incorporated by reference into any sales order or purchase order (“Sales Order”) signed and executed by and between you and us.
Service
The echoz.ai platform serves as a comprehensive sales conversation intelligence solution, empowering users to effortlessly record, transcribe, analyze, and collaborate on their sales team’s audio calls. This encompasses all forms of data and information shared within the platform, collectively referred to as “Content.”
Users are granted access to echoz.ai through a valid subscription outlined in the Sales Order or via free evaluation terms.
Upon subscription, users gain access to the platform, enabling them to create and manage individual user accounts and leverage various features tailored to their needs.
While echoz.ai strives to maintain the highest level of service availability, uninterrupted and error-free operation cannot be guaranteed. Routine maintenance is conducted, with efforts made to schedule downtime during off-peak hours to minimize disruptions.
Evaluation
We may offer access to the Echoz.ai Service, or specific components thereof, on an evaluation basis. This evaluation period extends until one of the following occurs: (i) the conclusion of the designated evaluation period specified in the Sales Order, (ii) your decision to purchase a subscription to the Service, or (iii) termination of the evaluation by Echoz.ai, either for cause or without cause, as notified through a termination notice with immediate effect.
Safeguarding Information and Privacy
At Echoz.ai, we employ a robust array of technical and organizational measures to uphold the security and integrity of your data, aiming to thwart any unlawful or unauthorized access, usage, modification, or disclosure by our personnel. Our safeguarding practices incorporate encryption protocols, ensuring continuous confidentiality, integrity, availability, and resilience across our information systems. We also deploy backup and data restoration mechanisms, alongside periodic testing and evaluation of our data security capabilities. These measures adhere to our internal security protocols and policies, reinforced by third-party audits to ensure comprehensive protection of your content.
Your Responsibilities
You are fully accountable for your and your users’ utilization of the Echoz UI in accordance with this Agreement and relevant local, state, federal, national, and international laws and regulations. You affirm that you possess all necessary rights to furnish us with the content.
You agree not to, and ensure your users refrain from, employing the Services or content for any purpose that may be deemed obscene, defamatory, or violative of intellectual property or privacy rights. Furthermore, you pledge not to engage in activities that contravene applicable laws or incite others to do so.
You undertake not to: misuse the Service for non-business purposes; sublicense, transfer, or share your rights under this Agreement; tamper with Echoz’s branding or duplicate any part of the Service. You also commit to restrict access to the Service to your authorized employees and consultants only.
You agree to comply with the terms of service of third-party services when integrating them with Echoz UI. Echoz shall not be held liable for any service interruptions arising from your use of such third-party services.
You are prohibited from accessing or using the Service if you are a direct competitor of Echoz, or for any competitive benchmarking purposes.
Payment Terms
Your Feedback
All components of Echoz.ai are safeguarded by copyrights, trademarks, service marks, patents, or other proprietary rights, forming a collective work or compilation under applicable laws and international conventions. Save for your Content, all rights to Echoz.ai and its derivatives are retained by us. Furthermore, we maintain ownership of aggregated anonymous data derived from your utilization of the Service, ensuring that such data remains non-identifiable and devoid of any information that could directly or indirectly link it to you or any other individual.
We do not assert ownership over your Content, the trademarks of any third party featured on Echoz.ai, or any publishers or publications referenced within the Service.
Throughout your usage of Echoz.ai, you or your users may furnish us with feedback and suggestions. By providing such input, you grant us ownership of all feedback and suggestions, including all associated rights, without entailing any royalty or accounting obligations on your part.
Connections to External Platforms
Within Echoz.ai, you may encounter links and references to external websites and applications. We reserve the right, at our discretion, to add or remove such links. Please note that we exercise no control over these third-party platforms, and we neither endorse nor confirm their content. Consequently, we cannot be held responsible or liable for any communications or transactions you engage in with them.
Warranties and Disclaimers
Each party represents, warrants, and covenants to the other that: (a) it possesses the full corporate authority to enter into and fulfill this Agreement, with such execution and performance not conflicting with any other agreements, and (b) this Agreement constitutes a valid and binding obligation.
The Echoz.ai Service, when utilized in accordance with this Agreement, will perform as specified in Section 1 above. Your sole recourse under this warranty is for Echoz.ai to exert commercially reasonable efforts to rectify or replace the affected Service with a similar functional component or service. This warranty is contingent upon your written notification of any alleged defects, accompanied by documented examples. Exclusions to this warranty include instances where the Service has been subject to abuse or misuse, used in conjunction with non-Echoz.ai products, affected by unauthorized use, or impacted by viruses or similar malicious entities not introduced by Echoz.ai.
Except as explicitly provided above, Echoz.ai expressly disclaims all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Echoz.ai makes no warranty regarding the Service meeting your specific requirements, uninterrupted operation, timeliness, or freedom from errors or viruses. Additionally, Echoz.ai does not guarantee any specific outcomes or legality of your usage in any jurisdiction.
During an evaluation period, Echoz.ai provides the Service “as is” and “as available,” without any warranties or representations.
Privacy Policy
We collect, store and use personal information related to your Users and customers pursuant to our Privacy Policy. This Agreement incorporates the Privacy Policy by reference. You undertake to make the Privacy Policy available to your Users and receive their consent if required under the applicable law.
Sensitive Information and Duration
Confidentiality: Echoz.ai is committed to maintaining the confidentiality of any sensitive information exchanged during the course of this Agreement. Both parties agree to safeguard any proprietary or confidential data disclosed, using reasonable measures to prevent unauthorized access or disclosure.
Term and Termination: The duration of this Agreement shall commence upon acceptance and continue until terminated by either party. Termination may occur upon mutual agreement, expiration of the specified term, or for reasons outlined within the Agreement. Upon termination, both parties shall cease the use of any confidential information and adhere to any post-termination obligations as stipulated.
Restrictions on Liability and Claims
Limitation of Liability: Echoz.ai limits its liability to the fullest extent permitted by applicable law. Under no circumstances shall Echoz.ai be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use or inability to use the Service, including but not limited to loss of profits, data, or business interruption. This limitation applies regardless of the basis of liability, whether contractual, tortious, or otherwise, and even if Echoz.ai has been advised of the possibility of such damages.
Limitation of Claims: Any claims or disputes arising from or related to this Agreement must be brought within a specified time period, as outlined within the Agreement or by applicable law. Failure to initiate a claim within this time frame shall result in the waiver of such claims.
Indemnity
We shall indemnify, defend, and hold you, your officers, directors, employees, agents, and affiliates harmless from and against all losses, liabilities, claims, obligations, costs, and expenses (including reasonable attorneys’ fees) incurred in responding to a third-party Claim alleging that the Echoz.ai Service (excluding any Content) infringes or wrongfully utilizes any third party’s United States intellectual property rights. In the event of such a claim prevailing or being likely to prevail, we may, at our sole discretion and expense: (a) procure the right for you to continue using the Service; (b) replace or modify the applicable Service to eliminate infringement or misappropriation; or (c) terminate this Agreement and refund any prepaid Fees for the subsequent period on a pro-rated basis.
You shall indemnify, defend, and hold us, our officers, directors, employees, agents, and affiliates harmless from and against all losses, liabilities, claims, obligations, costs, and expenses (including reasonable attorneys’ fees) arising from any third-party claims related to your use of the Service, including your Content. This includes claims brought by your employees, users, consultants, customers, service providers, or similar entities in connection with their usage of the Service. This indemnification excludes our obligations specified in the preceding paragraph.
Both parties agree to notify each other promptly in writing of any such claims. Neither party shall settle or compromise any claim without the prior written consent of the indemnifying party. The indemnifying party may assume exclusive defense and control of the matter subject to indemnification, provided both parties cooperate in the defense of the claim.
Copyright Protection – Digital Millennium Copyright Act (DMCA)
Echoz.ai respects the intellectual property rights of others and complies with the provisions of the Digital Millennium Copyright Act (DMCA). If you believe that any content available on or through Echoz.ai infringes upon your copyright, you may submit a notification pursuant to the DMCA by providing our designated Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a valid DMCA notification, we will promptly investigate the claim and take appropriate action, including removing or disabling access to the allegedly infringing material. We may also terminate the accounts of repeat infringers in accordance with our policies and procedures. Please note that filing a DMCA notification is a serious legal matter and any false claims may result in legal consequences.
Force Majeure
Echoz.ai shall not be liable for any failure or delay in the performance of its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, labor disputes, embargoes, government orders or regulations, fire, flood, natural disasters, epidemics, or other similar events (“Force Majeure Event”). In the event of a Force Majeure Event, Echoz.ai shall be excused from performance for the duration of the event and for a reasonable time thereafter. Echoz.ai will make commercially reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance as soon as practicable.
General
This Agreement, the Sales Order, the Privacy Policy, and the Data Processing Addendum constitute the entire agreement between you and Echoz.ai, encompassing the entirety of Echoz.ai’s and its suppliers’ liability and your exclusive remedy regarding the Service. These documents supersede all prior agreements relating to the subject matter therein. You explicitly confirm that you have not relied on any oral or written public comments made by Echoz.ai regarding future functionality or features of the Service. The terms of any purchase order or similar document are deemed ineffective and are hereby rejected.
You and Echoz.ai are independent contractors, and nothing in this Agreement shall be construed as creating a partnership, agency, fiduciary, employment relationship, or joint venture between the parties.
If any provision of this Agreement is deemed unlawful, such provision shall be construed to reflect the original intent as closely as possible, while the remaining provisions shall remain in full force and effect.
The section titles in this Agreement are provided for convenience only and hold no legal or contractual significance. No provision of this Agreement shall be construed against Echoz.ai, but rather shall be interpreted neutrally, reflecting the terms agreed to by fully-informed parties with the opportunity to seek advice and legal counsel.
Any modifications to or waivers of any term of this Agreement must be made in writing, signed by both parties, and expressly reference this Agreement. Waiver of any term shall not be deemed a continuing waiver, and failure to assert any right under this Agreement shall not constitute a waiver thereof.
Echoz.ai’s suppliers are beneficiaries of the limitations, obligations, and restrictions contained in this Agreement that protect Echoz.ai or the Service.
This Agreement, along with any rights granted herein, may not be transferred or assigned by either party except to a successor of all or substantially all of its business or assets (by merger or otherwise).