Last modified: September 17, 2023
1. Introduction
These Terms of Service (“Terms”, “Terms of Service”) govern the use of the Service and clarify the legal relationship between the entity using the Service and EchoFox.io (“Company”). The Company operates web pages located at echofox.io (“Website”) and offers the AI-powered customer support tool using OpenAI (as defined below in Section 2). The Service is dedicated to professional entities to help them enhance their customer support efficiency. By using the Website and/or the Service, or by registering an Account, the User or the Guest acknowledges that (i) they have read, understood, and accept the provisions of the Terms and Privacy Policy, (ii) they have the legal capacity to agree to these terms, (iii) they have the authority to act on behalf of the entity they represent. If the User does not agree to these Terms, they should not use the Service. In such cases, they are encouraged to reach out to the Company at michael@echofox.io.
2. Definitions
Account – An individualized dashboard enabling the User to utilize the Service and/or the Website.
Agreement – A subscription agreement that may be established between the User and the Company, detailing the scope and pricing of the Service.
API – The EchoFox.io application programming interface designed for integration with the User’s software.
Company – EchoFox.io.
Content – Materials such as text, images, and other items that the Guest or the User uploads, presents, or sends via the Website or using the Service.
Device – Instruments like computers, phones, smartphones, tablets, or other equipment that facilitate website browsing.
Guest – An individual or entity browsing the Website without registering.
Intellectual Property – Refers to all designations, creations, designs, works, and other manifestations that are exclusively owned by the Company.
License – A non-exclusive right allowing personal use of the API.
Mobile Device – A portable gadget like phones, smartphones, tablets, or other electronic equipment compatible with the Website and/or the Service.
Notification – A message relayed to the User through the Service.
Password – A confidential sequence of characters allowing the User to access their Account.
Privacy Policy – Outlines the rules for processing personal data by the Company, available at: https://www.echofox.io/privacy.
Service – Collectively refers to the Website and/or the API (based on the offerings available to a specific User as per the Agreement).
Terms – These terms of service available at: https://www.echofox.io/terms.
User – An individual or entity with a registered Account on the Website.
Website – Web pages found at echofox.io.
The provided definitions retain their meaning irrespective of their singular or plural usage.
3. General Rules
Using EchoFox.io's Service signifies full acceptance of these Terms. These Terms solely govern the relationship between the Company and the Guest or User. If the Service or Website allows services by other entities, they will operate based on their respective regulations. These entities will be responsible for their service deliveries unless the Terms specifically state otherwise. All entities using the Service or Website must adhere to its intended use outlined in these Terms. Access to the Website is granted if the Device meets the following criteria:
For the API:
For the Widget:
Installing antivirus software on the Device or Mobile Device is recommended.
4. Account
Creating an account is possible through the Website. Account registration may involve logging in using Facebook, Google account, or by providing a personal email and Password. Users should maintain accurate and current information. Failing to do so may result in account termination. You are responsible for safeguarding your Account and Password. Any actions under your Account and Password are your responsibility. Inform us immediately about any unauthorized account use. Usernames should not violate rights of others, and should not be offensive, vulgar, or obscene.
5. Communications
Account holders might be subscribed to newsletters or promotional content.
6. Contests, Sweepstakes, and Promotions
Promotion(s) through the Service or Website may have rules separate from these Terms (or specified in an Agreement). Participants should review associated rules and our Privacy Policy. Promotions will be governed by their respective rules if they conflict with these Terms.
7. Subscriptions
Certain services operate on a subscription basis. Billing is done in advance on a predetermined cycle (monthly or annually). Subscriptions auto-renew under the same conditions unless canceled by you or the Company. Cancellations can be processed through your Account or by contacting our customer support at michael@echofox.io. Valid payment methods, such as credit/debit cards, Apple Pay, or Google Pay, are essential. Provide complete billing details to the Company. By providing payment details, you authorize the Company to charge subscription fees. If auto-billing fails, you will receive an invoice indicating manual payment requirements within a specific period. We reserve order cancellation rights for various reasons, including service errors, unauthorized transactions, or fraud. The Company is not accountable for extra charges, such as taxes. The person placing the order bears responsibility for such additional fees.
8. Changes in Subscription Fees
EchoFox.io may, at its discretion, adjust the fees for our Subscriptions at any given time. These fee adjustments will come into play at the close of your current Billing Cycle. We’ll make sure to notify you in advance about any changes, giving you enough time to decide if you want to end your Subscription before the new fees apply. If you continue using the Service after the new fees kick in, it indicates your agreement to the revised charges.
9. Refund Policy
All Subscription fees are final and non-refundable unless mandated otherwise by applicable laws.
10. User Content
EchoFox.io's platform lets you upload, link, and share various types of content, be it text, graphics, videos, or other formats (“Content”). It’s crucial to note that you bear full responsibility for any Content you post, especially concerning its legality, reliability, and suitability. By uploading Content to our platform, you confirm that (i) you either own the Content or have permission to share it and (ii) your Content doesn’t infringe on anyone else's rights. While you maintain all rights to your Content, we won’t be liable for any Content posted by you or any third party on our platform. If we find out that a user infringes on copyrights, we reserve the right to close their account.
11. What's Not Allowed
At EchoFox.io, we expect all users to use our Service responsibly and lawfully. Specifically, don't:
Moreover, kindly refrain from:
13. Intellectual Property Rights
All original content, features, and functionality on EchoFox.io's platform (excluding user Content) remain the exclusive property of EchoFox.io and its licensors. These elements are safeguarded by copyright, trademark, and other intellectual property laws both in the U.S. and abroad. Our brand symbols and designs should not be utilized without EchoFox.io's express written permission. As a user, you don't gain any ownership rights to our intellectual property. The only rights you receive when subscribing are those outlined in your Subscription terms. This License is specific, non-transferable, can be revoked, and lasts only as long as your Subscription. Users can't grant further sublicenses. Permitted uses under this License include integrating the Service into your website or software and employing the Service for your clientele. Users should not alter our Service's code, attempt to uncover its source code, or automate its usage.
14. Respecting Copyrights
EchoFox.io values the intellectual property rights of others. We take actions against claims of copyright infringement made against content hosted on our platform. If you believe any Content infringes your copyright, forward your claim to support@echofox.io using the subject “Copyright Infringement”. False or misleading claims can result in liabilities, including legal fees.
15. DMCA Process
If alleging a copyright infringement based on the U.S. Digital Millennium Copyright Act (DMCA), provide the following to our Copyright Agent:
Reach out to our Copyright Agent at support@echofox.io.
16. Feedback and Error Notification
At EchoFox, we strive diligently to aid our Guests and Users in addressing issues tied to our Service's operation. Additionally, we're keen on enhancing our Service's performance and delivery, leaning heavily on the insights shared by our community.
Should you wish to share feedback regarding malfunctions, recommendations, grievances, or other related topics about our Service (“Feedback”), please contact us directly at michael@echofox.io. By offering your Feedback, you acknowledge and agree that: (i) you don't hold or claim any intellectual rights or other proprietary interests in the Feedback; (ii) EchoFox might already have ideas mirroring the Feedback; (iii) Your Feedback is devoid of confidential or proprietary details from you or any external entity; and (iv) EchoFox isn't obligated to maintain confidentiality regarding the Feedback. If transferring ownership of the Feedback isn't feasible due to certain prevailing laws, you give EchoFox and its associates an exclusive, transferable, irrevocable, cost-free, sub-licensable, unrestricted, and continuous permission to utilize (including duplicate, alter, derive, distribute, and monetize) the Feedback as seen fit.
17. External Website Links
Our Service and/or Website may have hyperlinks directing to external websites that aren't governed by EchoFox. We don't have influence over, and thus, can't be held liable for the content, privacy guidelines, or actions of such external websites. We don't endorse or guarantee the services or offerings of these external sites or individuals. YOU ACCEPT AND AGREE THAT ECHOFOX WON'T BE HELD ACCOUNTABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR ENGAGEMENT OR RELIANCE ON CONTENT OR OFFERINGS AVAILABLE ON OR THROUGH SUCH EXTERNAL SITES. IT'S HIGHLY RECOMMENDED THAT YOU SCRUTINIZE THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY EXTERNAL WEBSITES YOU ENGAGE WITH.
18. Service Warranty Disclaimer
ECHOFOX OFFERS ITS SERVICES ON AN “AS IS” AND “AS AVAILABLE” CRITERIA. ECHOFOX DOES NOT MAKE ANY ASSURANCES, EITHER DIRECTLY OR IMPLIEDLY, ABOUT THE OPERATION, CONTENT, OR MATERIALS ENCOMPASSED WITHIN ITS SERVICES. YOU WHOLLY AGREE THAT YOUR UTILIZATION OF OUR SERVICES AND ANY ASSOCIATED CONTENT OR ITEMS SOURCED FROM US IS ENTIRELY AT YOUR DISCRETION. ECHOFOX OR ITS ASSOCIATES DO NOT GUARANTEE THAT THE SERVICES WILL BE CONSTANT, FLAWLESS, SECURE, VIRUS-FREE, OR WILL FULFILL YOUR ANTICIPATIONS. HEREWITH, ECHOFOX REFUTES ALL WARRANTIES, BE THEY DIRECT OR IMPLIED, LEGAL OR OTHERWISE, INCLUDING BUT NOT RESTRICTED TO WARRANTIES OF SALEABILITY, NON-VIOLATION OF RIGHTS, AND FITNESS FOR A SPECIFIC USE. THE ABOVE STANCE DOES NOT IMPACT WARRANTIES THAT CAN'T BE REFUSED OR LIMITED AS PER THE CURRENT LAWS.
19. Liability Restrictions
EchoFox is not responsible for any outcomes stemming from adhering to advice, articles, or other materials presented on the Website or within the Service, including any content generated by AI technologies. It's imperative to recognize that the AI integrated within our Service or Website isn't infallible, and its guidance or responses might not always be accurate. You shouldn't wholly depend on its outputs, especially as a substitute for specialized advice. EchoFox will not bear responsibility towards the clientele of a User resulting from their use of our Service or the content our Service conveys. EchoFox is also absolved from any liability related to the introduction or dispatch of harmful software, deceptive practices, or any malicious activities introduced by other parties to our Service. We're not accountable for any Service interruptions. EchoFox is exempt from responsibility for unforeseen events outside its control, such as natural disasters, power interruptions, wars, civil disturbances, labor disputes, and similar uncontrollable scenarios. UNLESS DISALLOWED BY LAW, YOU SHALL EXEMPT ECHOFOX AND ITS STAKEHOLDERS, LEADERSHIP, WORKFORCE, AND AGENTS FROM ANY INDIRECT, RETRIBUTIVE, EXCEPTIONAL, INCIDENTAL, OR RESULTANT LOSSES, NO MATTER HOW THEY ORIGINATE (ENCOMPASSING LEGAL FEES AND ALL ASSOCIATED CHARGES OF LEGAL ACTIONS, WHETHER OR NOT THEY LEAD TO LITIGATION), EMERGING FROM CONTRACTUAL ACTIONS, NEGLIGENCE, OR OTHER LEGAL GROUNDS, OR LINKED TO THIS AGREEMENT. THIS INCLUDES, BUT IS NOT RESTRICTED TO, CLAIMS OF INJURY OR PROPERTY DAMAGE, EMANATING FROM THESE TERMS AND ANY BREACH OF FEDERAL, STATE, OR LOCAL ORDINANCES, LAWS, DIRECTIVES, OR REGULATIONS BY YOU, EVEN IF ECHOFOX HAD PRIOR NOTIFICATION OF SUCH POTENTIAL DAMAGES. UNLESS PROHIBITED BY LEGISLATION, IN CASES WHERE ECHOFOX IS FOUND LIABLE, THE LIABILITY SHALL NOT EXCEED THE AMOUNT EXPENDED ON OUR SERVICES, AND UNDER NO CIRCUMSTANCES SHALL INCLUDE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME JURISDICTIONS MIGHT NOT RECOGNIZE EXCLUSIONS OR LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, MEANING THESE LIMITATIONS OR EXCLUSIONS MIGHT NOT APPLY TO EVERYONE.
20. Responsibilities of the Guest/User
Guests or Users bear full responsibility for any outcomes, whether sanctioned or unsanctioned, arising from the dissemination of content from the Website or Service, with a particular emphasis on Intellectual Property. This responsibility notably encompasses absolving EchoFox from any related claims. Users are exclusively accountable for any Content they publish, display, transmit, or otherwise present through the Service to their clientele.
21. Interruptions in Service
EchoFox does not promise uninterrupted access to its Service or Website. We retain the right to pause the operations of the Website, Service, or certain features therein. Should we plan an operational break, an advance notice will be provided at least 3 days beforehand either on the Website or via the email registered to the Account. In cases of unforeseen interruptions, we'll promptly inform users via the Website or the registered email. By accepting these terms, users also acknowledge that the Services may not always be flawless.
22. Privacy and Data Protection
EchoFox processes personal data with utmost care, deploying appropriate technical and organizational security measures. Comprehensive details about data protection can be located in our Privacy Policy. EchoFox will not be held responsible for safeguarding the personal data of Users' clients utilizing the Service. Additionally, EchoFox is not liable for the content, privacy policies, or personal data handling of external websites, including sites linked to our platform. We are also exempt from damages arising from accessing these external sites or posting data on them. It's advised to thoroughly review the data protection and privacy terms of external sites, especially prior to sharing personal or crucial information.
23. Account Suspension & Termination
EchoFox retains the right to cease your Account and restrict access to our Service promptly, without prior notification, for any reason under our discretion, including violations of our Terms. If you desire to end your Account, simply cease your use of our Service. Any sections of the Terms that inherently persist post-termination will continue in effect, including ownership rights, disclaimers, indemnity clauses, and liability limits.
24. Jurisdictional Guidance
The Terms are shaped and interpreted by California's laws, discounting any conflicting legal stipulations. Not enforcing any segment of these Terms does not signify a waiver. If a court deems any section of these Terms unenforceable, the rest of the provisions remain active. These Terms encompass our full agreement regarding our Service, replacing any prior arrangements.
25. Modifications in Service
EchoFox can alter or retract our Service, or any materials provided through the Service, at our discretion without forewarning. We're not accountable for the unavailability of our Service at any juncture. Occasionally, we might limit the accessibility of certain segments of our Service, or the entirety of it, to its users.
26. Updates to the Terms
EchoFox can update these Terms anytime by displaying the updated terms on this website. Periodically reviewing these Terms is your duty. Using our Platform post any updates implies acceptance of the changes. Regularly reviewing this page is advised to stay updated on any changes. If any discord arises between these Terms and any Agreement (if any), the Agreement's terms prevail. The same applies to any modifications made to these Terms within the Agreement.
27. Forgoing Rights & Division
Neglecting to enforce any part of the Terms by EchoFox doesn't represent a continued neglect of said term. If any portion of the Terms is deemed unenforceable by a competent legal body, the rest remains intact and operative.
28. Recognition
UTILIZING OUR SERVICE, OR ANY OTHER SERVICES ECHOF0X OFFERS, DENOTES YOUR RECOGNITION AND AGREEMENT TO THESE TERMS OF SERVICE.
29. Reach Out to Us
To connect with EchoFox, forward your emails to:michael@echofox.io