Last updated: July 22, 2025
Welcome to Echo ("Echo", "we", "us", or "our"). Echo is a software-as-a-service platform that enables businesses and individuals ("Users" or "you") to collect phone numbers and manage SMS marketing campaigns ("Services"). These Terms of Service ("Terms") govern your access to and use of Echo’s website, applications, APIs, and related services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms.
You represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. You may only use the Platform if you can form legally binding contracts under applicable law.
To access certain features of the Platform, you must register for an account. You agree to:
Echo grants you a non-exclusive, non-transferable, revocable right to access and use the Platform solely for your internal business purposes in accordance with these Terms and our Documentation.
You agree not to:
You are solely responsible for ensuring that your use of the Platform complies with all applicable federal, state, local, and international laws and regulations governing SMS marketing, privacy, data protection, and telemarketing, including but not limited to the TCPA, CAN-SPAM Act, GDPR, and similar laws.
You must obtain affirmative consent (opt-in) from each recipient before sending SMS messages. You must provide clear instructions for recipients to opt out of receiving future messages and process opt-out requests promptly.
Access to certain features of the Platform requires payment of subscription fees. Fees, billing cycles, and payment terms are specified in your Order Form or subscription agreement.
By providing payment information, you authorize Echo and its payment processors to charge the applicable fees to your chosen payment method.
Unless expressly stated otherwise in an Order Form, all fees are non-refundable except as required by law.
Echo and its licensors retain all rights, title, and interest in and to the Platform, including all associated intellectual property rights. No rights are granted to you other than expressly set forth herein.
If you provide suggestions, ideas, or feedback regarding the Platform, you grant Echo a perpetual, irrevocable, royalty-free license to use, implement, and commercialize such feedback without restriction or attribution.
Your use of the Platform is also governed by our Privacy Policy, which is incorporated by reference and available at Link to Privacy Policy. The Privacy Policy explains how Echo collects, uses, and discloses your personal data.
To the extent Echo processes personal data on your behalf, the parties agree to the Data Processing Addendum, which forms part of these Terms.
The Platform may integrate with or provide links to third-party services (e.g., SMS carriers, analytics providers). Your use of such services is subject to the third parties’ terms and policies. Echo is not responsible for any third-party services, and your interactions with them are at your own risk.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ECHO DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. ECHO DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ECHO OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ECHO’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO ECHO IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
You agree to defend, indemnify, and hold harmless Echo, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Platform, your violation of these Terms, or your failure to comply with applicable laws.
These Terms remain in effect until all subscriptions expire or are terminated.
Either party may terminate for material breach if the other party fails to cure such breach within thirty (30) days of written notice.
Upon termination, your right to access the Platform immediately ceases. Echo may delete or deactivate your account and data in accordance with our Data Retention Policy.
We may modify these Terms at any time by posting a revised version on the Platform. We will notify you of material changes. If you do not agree to the modified Terms, you must stop using the Platform.
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. Any dispute arising out of or related to these Terms will be resolved through binding arbitration in New York County, New York, in accordance with the American Arbitration Association’s rules.
15.1 Entire Agreement. These Terms, together with any Order Forms, the Privacy Policy, and the Data Processing Addendum, constitute the entire agreement between you and Echo regarding the Platform.
15.2 Severability. If any provision is held unenforceable, the remainder of the Terms will remain in full force and effect.
15.3 Waiver. No waiver of any provision is effective unless in writing and signed by both parties.