Terms of Use

1. Agreement, eligibility and acceptance

These Terms of Use (“Terms”) form an agreement between the legal entity identified above, operating EleonEcho (“Echo”, “we”, “us”, or “our”), and the business or individual accepting them (“Customer”, “you”, or “your”). They govern the EleonEcho website and the hosted software, APIs, publishing, messaging, support, AI and automation features that we make available under your order (the “Services”).

You must be at least 18 and have legal capacity to contract. If you act for a company, client or other organization, you represent that you have authority to bind it. Your organization is responsible for the users and administrators it authorizes. Do not activate a workspace or connect another party’s account without that authority.

To activate an account or order, you must affirmatively accept these Terms, including the acceptable-use, anti-spam and connected-platform obligations below, and acknowledge the Privacy Policy. If you do not agree, do not register or use the Services. Acknowledging the Privacy Policy is not consent to optional marketing, tracking or unrelated data processing.

A mutually signed agreement takes priority over conflicting provisions here. An accepted order controls the purchased scope, price and term; an applicable data processing agreement controls customer-data processing; these Terms otherwise govern. Marketing materials, demos and a purchase order’s unilateral boilerplate do not amend an agreement.

2. Service scope and account security

Subject to your compliance and payment of applicable fees, we grant a limited, non-exclusive, non-transferable right to use the enabled Services for your authorized business purposes during the service term. Resale, sublicensing and service-bureau access require our written agreement. You retain responsibility for your clients and users when permitted to manage their accounts.

You must keep registration information accurate, protect credentials and authentication devices, use appropriately restricted permissions, and promptly report unauthorized access. You are responsible for activity you authorize and for misuse resulting from your failure to meet these duties. This allocation does not excuse our own breach of duties that cannot lawfully be excluded.

Features depend on your order, configuration, permissions, provider approval and availability. A catalog entry, screenshot, guided example or roadmap does not guarantee a live integration, future release or particular result. Unless expressly agreed in writing, no service-level agreement, continuous monitoring, dedicated support response time or archival service is included.

3. Your content, audience and instructions

You are responsible for your business, products, claims, customer relationships, recipient lists and content. Before uploading, collecting, processing or publishing anything, obtain the necessary ownership rights, licenses, legal basis, permissions and notices. This includes copyright, trademarks, images, likenesses, confidential information and personal information, even when supplied by a contractor, client or AI tool.

You determine who may be contacted, through which channel, for which purpose, with what message and at what time. Verify addresses, numbers, destinations, templates, disclosures and review settings. An available import, automation or send button is not evidence that a proposed use is lawful or permitted.

You authorize us to execute the instructions submitted through your authorized account and configured workflows, including scheduled and recurring actions. Set appropriate approval and spending controls, review results and failed deliveries, and stop instructions that are no longer appropriate. Keep copies of material records where you need independent recovery.

4. Anti-spam and responsible messaging

Permission-based promotional messaging is a condition of using Echo. These contractual rules may be stricter than the minimum law in a particular location. You must comply with applicable privacy, advertising, electronic-marketing and communications laws, including CAN-SPAM, TCPA, CASL, GDPR and ePrivacy/PECR rules where they apply, as well as the rules of each relevant provider and carrier.

• Obtain permission first. Send promotional email, SMS and private social messages only to recipients who have given valid permission covering your identity, channel and message purpose. Keep evidence of when, how and what they agreed to. A public address, a social follow, an unanswered inquiry or an unrelated transaction is not, by itself, permission for your campaign.
• No purchased or harvested audiences. Do not use bought, rented, scraped, guessed or harvested lists, or third-party lists without demonstrable recipient permission specifically covering your messages. Do not use automated tools to evade these restrictions.
• Identify the sender honestly. Use accurate sender information, routing details and subject lines. Include legally required business identification, postal address, advertising disclosures and channel-specific disclosures. Do not impersonate a person or brand or disguise a promotional message as a service notice.
• Make withdrawal easy. Provide a clear, functioning and readily accessible opt-out where required. Honor withdrawals, blocks, do-not-contact requests and applicable suppression lists promptly, within every applicable deadline. Do not charge for withdrawal, require account creation or send promotional material to seek renewed permission after an opt-out unless law and provider rules permit it.
• Configure the actual workflow. Echo’s email unsubscribe feature requires individual delivery and configuration; BCC delivery does not automatically provide it. SMS links must fit the supported message format. If the selected delivery mode cannot support required disclosures or withdrawal, do not use it for that campaign.
• Maintain audience hygiene. Review bounces, complaints, destination errors and provider restrictions. Stop repeated sends to invalid or complaining recipients. Re-importing a list, changing providers or opening another account must not override an opt-out.
• Respect local and channel restrictions. Observe quiet hours, do-not-call rules, template approvals, message categories, age restrictions and any limits on frequency, content or automated messaging. A service conversation must not be repurposed for unsolicited marketing.

At our reasonable request, provide records supporting recipient permission and lawful sending. We may restrict or suspend sending while a complaint or compliance concern is investigated. Technical delivery acceptance does not certify compliance or prove that a recipient wanted, received or read a message.

5. Connected-platform terms and policies

By connecting or using a third-party account through Echo, you agree to comply with the provider’s applicable terms, developer/API rules, acceptable-use rules, privacy and data-use restrictions, community standards, advertising rules and messaging or anti-spam policies as updated by that provider. You must maintain the permissions, eligible account type and approvals required for your specific use. Echo does not grant an exemption or expand the access granted by a provider.

• WhatsApp: Business Terms and Business Messaging Policy. Obtain valid opt-in, honor opt-outs and observe applicable template, conversation-window and restricted-content requirements.
• Facebook and Meta: Terms, Platform Terms and Spam policy, together with relevant Page, advertising and commerce rules.
• Instagram: Terms of Use and the applicable Meta developer, community and content rules.
• Telegram: Terms of Service, Bot Developer Terms and API terms, as applicable. Do not spam or use account automation to bypass platform restrictions.
• Google and Gmail: Google Terms, Gmail Program Policies, API Services User Data Policy and Workspace API policy, including applicable Limited Use restrictions.
• Microsoft and Microsoft 365: your applicable Microsoft customer agreement and Microsoft API Terms, including relevant mailbox and acceptable-use requirements.
• SMS, IMAP/SMTP and other providers: the agreement and messaging rules of your actual carrier, gateway, mailbox host or connected service, including 019SMS where selected. Any additional social, publishing, AI, payment or automation provider is subject to the same obligation when used.

These links are reference points, not an exhaustive statement of provider rules or a promise that every listed integration is available. If a policy moves, use the provider’s current official legal center. If requirements conflict, use the integration only in a way that satisfies all applicable requirements; otherwise stop the affected use.

Do not evade rate limits, verification, moderation, access controls, recipient blocks or account suspensions; rotate accounts to bypass enforcement; create fake engagement; or scrape where unauthorized. A provider may change an API, reject content, revoke permission or suspend an account independently of Echo. We do not control those decisions or guarantee continued access, restoration or compensation for resulting platform restrictions. Our own non-excludable duties remain applicable.

6. Other prohibited uses

You must not use the Services to:

• Conduct fraud, phishing, scams, unlawful surveillance, identity theft, harassment, exploitation or threats; distribute malware; or promote illegal goods or activity.
• Infringe intellectual property, privacy or other rights; disclose another party’s secrets without authority; or publish unlawful discriminatory, defamatory or abusive content.
• Upload or generate child sexual exploitation material, non-consensual intimate imagery or other unlawful sexual content.
• Interfere with service availability, exploit a vulnerability, conduct unauthorized security testing, reverse engineer except where law expressly permits, or bypass security, usage or billing controls.
• Use the service or output to build a competing service through unauthorized copying or extraction, or remove proprietary notices.
• Use the service for prohibited automated decisions, emergency response, critical infrastructure or other high-risk activity requiring guaranteed safety or uninterrupted operation.
• Violate applicable sanctions, export restrictions or restrictions imposed by the model or tool provider selected for your workflow.

We may assess reported or reasonably suspected misuse and request remediation. Providing technical tools does not make us the publisher, advertiser, merchant or legal adviser for your business.

7. AI output and automated actions

AI can produce incorrect, incomplete, biased, inappropriate or non-unique output, including invented facts or citations. You must assess its suitability and verify factual claims, rights, recipients and consequences before relying on or distributing it. An AI review or approval indicator does not certify legality, accuracy, originality or safety.

You choose the knowledge, tools, permissions, human-review steps and autonomy available to an agent. You authorize actions taken within the instructions and permissions you configure, including recurring actions, third-party requests and related usage charges. Restrict access and require human approval where an incorrect action could create material harm or an unauthorized commitment.

We do not warrant commercial results, search ranking, engagement, sales, message delivery, regulatory compliance or the availability of staff for a handoff. AI output is not professional legal, financial or medical advice. Do not present an AI agent as a human or as having authority it does not have; provide any legally required disclosure. The Privacy Policy governs the treatment of information used in AI workflows.

8. Ownership and limited content permission

As between the parties, you retain your rights in content you provide. You grant us and the service providers we use permission to host, copy, transmit, format, display and otherwise process that content only as necessary to provide your selected Services, carry out authorized instructions, address security or abuse, and meet legal duties. This permission is subject to applicable privacy law, the processing agreement and provider-specific restrictions.

This is not an assignment of your content or a general license to sell it, advertise with it or train unrelated general-purpose AI models. Ending service ends this permission except to the extent necessary for lawful retention, agreed deletion/return procedures or completed instructions whose effects persist on another platform.

Rights, if any, in AI output are subject to applicable law and provider terms; we cannot promise exclusivity or copyright protection. We retain rights in our software, designs, documentation and branding. You may provide feedback that we can use to improve the Services without compensation, but do not include confidential or personal information in feedback intended for unrestricted use.

9. Privacy, data processing and customer duties

Each party must meet the privacy and security duties applicable to its role. You are responsible for your lawful instructions, notices to your users and recipients, permissions, retention choices and response to requests about information you control. Required data processing terms and transfer safeguards must be in place before the relevant processing begins.

Review the Privacy Policy, configured providers and security arrangements before submitting information. You may not instruct us to use Google or other platform data in a manner prohibited by its data-use terms. Do not upload restricted or specially regulated information unless we have expressly agreed to the relevant service and safeguards.

Your compliance responsibilities do not transfer our own statutory responsibilities to you. These Terms do not waive privacy rights or authorize processing otherwise prohibited by law.

10. Orders, trials, fees and renewal

Pricing, billing intervals, usage limits, taxes, trial duration, included AI allowance, payment-card requirements and any continuation or renewal terms are those clearly disclosed in the offer you accept. A free trial does not become a paid subscription unless that conversion and its charges were disclosed and accepted. A website example is not an offer of unlimited use.

You must pay agreed fees and taxes other than taxes on our income. Third-party account, carrier, advertising, model or gateway charges are your responsibility where the accepted offer assigns them to you. Review usage and quotas; provider rejection of an action does not necessarily reverse charges already incurred.

Automatic renewal applies only where the accepted order expressly provides for it and any required consent has been obtained. That order must disclose the renewal term and how to cancel. Material price or renewal changes will be notified as required by the contract and law. Cancellation normally prevents the next renewal and does not erase fees already incurred.

Except for mandatory rights, an express order provision, or the unused-service refund described below, paid business-service fees are non-refundable and unused allowances do not convert to cash. We may suspend overdue services after any notice or cure period required by the agreement or law.

11. Restriction, suspension and termination

We may reject, pause, restrict or remove content or access where reasonably necessary to respond to suspected breach, spam complaints, security risk, unlawful activity, provider requirements, nonpayment or a binding legal request. We may act immediately where delay could cause harm or violate an obligation. Where appropriate and legally permitted, we will explain the restriction and allow reasonable remediation.

We may terminate for a material breach that cannot be remedied or is not remedied within a reasonable notified period. We may also discontinue a service for business reasons with reasonable notice where practicable. If we end a prepaid service for convenience without your breach, we refund prepaid fees attributable to the unused discontinued period. This does not limit mandatory remedies.

You may stop using the Services and cancel through the cancellation route in your order or the service contact. On termination, access and scheduled operations may stop and third-party authorization may need separate revocation. Export needed content before access ends where export is available. Retention and deletion follow the processing agreement and Privacy Policy; no permanent storage or unconditional recovery window is promised.

Accrued payment obligations and provisions intended to survive, including ownership, lawful retention, indemnity, liability limits and dispute provisions, survive termination. Termination does not permit unsolicited re-contact of suppressed recipients.

12. Disclaimers and allocation of risk

FOR BUSINESS CUSTOMERS, EXCEPT FOR EXPRESS COMMITMENTS IN A SIGNED AGREEMENT AND DUTIES THAT CANNOT LAWFULLY BE EXCLUDED, THE SERVICES AND OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. We disclaim implied warranties and conditions, including merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement, to the extent those exclusions are lawful.

We do not promise uninterrupted, error-free or entirely secure operation, successful delivery or publication, an error-free AI response, a particular outcome, or that the Services satisfy every industry-specific requirement. No informal guidance creates an additional warranty.

You bear the risks arising from your content, recipient choices, permissions, configurations and reliance on unverified output. Independent provider outages, content decisions, spam filtering, account bans, API changes and carrier behavior are outside our control. We remain accountable for our own express commitments and any responsibility that applicable law does not allow us to exclude.

13. Limitation of liability

For business customers, subject to the exceptions below, Echo and its affiliates, officers, employees and service providers will not be liable under these Terms for lost profits, revenue, business opportunities, anticipated savings or goodwill, or for indirect, incidental, special, consequential, exemplary or punitive loss. This includes such loss arising from unavailable integrations, rejected or delayed messages, AI output, loss of data, or third-party restrictions.

Our combined aggregate liability arising out of or relating to the Services and these Terms is limited to the greater of (a) the fees you actually paid to Echo for the affected Services in the three months immediately before the first event giving rise to the claim, and (b) US$100 or its local-currency equivalent. Related events are treated as one event for this calculation. The cap is an aggregate limit, not a separate allowance for each claim, user or legal theory.

These business limitations apply to contract, negligence and other legal theories, even if a loss was foreseeable or a limited remedy fails of its essential purpose, but only to the extent enforceable under applicable law. They reflect the price and allocation of commercial risk.

Exceptions: Nothing excludes or limits fraud, fraudulent misrepresentation, willful misconduct, death or personal injury caused by negligence, liability for gross negligence where it cannot be limited, statutory privacy compensation or any other liability to the extent law prohibits its exclusion or limitation. A signed agreement’s expressly different liability allocation controls.

Consumers: The business warranty exclusions, business liability cap, business loss exclusions and business indemnity do not apply to a person to the extent that person contracts as a consumer under applicable law. Mandatory consumer guarantees and remedies remain available. A statement that the service is intended for businesses does not remove rights the law grants you.

14. Customer indemnity

If you contract as a business, you will defend Echo and its affiliates, officers and employees against third-party claims arising from your content, unlawful messaging, lack of required rights or consent, breach of these Terms or provider rules, or misuse by your authorized users. You will reimburse covered final judgments, settlements you approve and reasonable defense costs. This includes recipient, intellectual-property and privacy claims attributable to those matters, and regulatory penalties only where indemnification is lawful.

This obligation applies only to the extent the claim results from the covered customer conduct and does not cover our own breach, negligence or unlawful conduct. We will provide reasonably prompt notice and cooperation at your expense, and permit you to control a competent defense. Delay in notice reduces your obligation only to the extent it materially prejudices the defense. You may not settle a claim in a way that admits fault for us, imposes non-monetary duties on us or fails to release us without our written consent. We may participate with separate counsel at our expense.

15. Changes to the Services and Terms

We may update the Services, including for security, technical or provider changes. Material changes to purchased commitments remain subject to the applicable order, notice and remedy requirements. Emergency restrictions may be necessary before notice is practicable.

Revised Terms will identify their effective date. We will provide reasonable advance notice of material contractual changes where required and seek renewed acceptance where law or the nature of the change requires it. Changes do not retrospectively alter an accrued claim. If you do not accept an applicable change, stop the affected use and exercise available cancellation rights before it takes effect.

16. Governing law and disputes

The governing law and courts, if agreed, are those expressly identified in your signed agreement or accepted order. If no valid choice has been agreed, the law and courts determined by applicable conflict-of-laws and jurisdiction rules apply. These Terms do not require arbitration.

Before commencing ordinary proceedings, the parties should attempt in good faith to resolve a dispute through written notice describing the issue and requested resolution. This does not restrict urgent relief, a regulatory complaint, mandatory filing deadlines or a consumer’s right to use courts available under applicable law.

17. General provisions and notices

Neither party is responsible for delay caused by events beyond its reasonable control, including widespread network or utility failure, natural disaster, war or government restrictions, to the extent the event prevents performance. This does not excuse accrued payment, legally required safeguards or obligations that law does not permit to be excused. The affected party must take reasonable steps to mitigate the impact.

You may not assign the agreement without our written consent, except as your signed agreement permits. We may assign it as part of a merger, reorganization or sale of the relevant business, subject to applicable law, data restrictions and the successor assuming the applicable obligations. The parties are independent contractors; neither can bind the other as an agent.

If a provision is unenforceable, it is severed or limited only as legally permitted, and the remaining provisions continue. Failure to enforce a term is not a waiver. These Terms and the documents they expressly incorporate constitute the agreement for their subject matter, subject to the order of precedence above.

We may send service and legal notices through your current account contact details or the service, with additional methods where law requires. Keep those details current. Contact support@eleonsoft.com. For an abuse report, include relevant message identifiers and a description of the issue without sending passwords, access tokens or unnecessary personal data.