Terms of Service — EchoReach, LLC
Last updated: September 19, 2025

1. Agreement
   These Terms of Service govern access to and use of the EchoReach services and website. By using the services, submitting a Contact or Demo form, or signing an order or proposal that references these terms, the customer agrees to this Agreement.

2. Definitions
   “Services” means EchoReach’s hosted tools for missed-call follow up by SMS, basic call routing, and delivery of structured lead information to the customer by email or API.
   “Customer” means the business that signs up to use the Services.
   “Users” means Customer’s employees or contractors who access the Services.
   “Customer Data” means information submitted to the Services by or for Customer, including lead details captured from callers.
   “Subprocessors” means third parties EchoReach uses to provide the Services, including hosting, telephony, and CRM vendors.

3. Services and Scope
   3.1 EchoReach will operate the Services with reasonable care and will make commercially reasonable efforts to keep them available. The Services currently focus on missed-call SMS engagement, collection of simple lead fields, and delivery of organized summaries by email.
   3.2 EchoReach may improve or modify features at any time. If EchoReach materially reduces core functionality, Customer may terminate the affected Services on 30 days’ notice and receive a pro-rated refund of prepaid fees for unused months.
   3.3 The Services do not provide emergency services. Do not use the Services to contact emergency responders.
   3.4 The Services are not a covered entity service under HIPAA. Customer agrees not to submit protected health information by SMS. Lead capture must be limited to non-sensitive contact and scheduling preference information.

4. Customer Responsibilities
   4.1 Compliance and consent. Customer is solely responsible for obtaining and recording all consents required by law to contact its end users by phone and SMS. This includes clear opt-in consent under the Telephone Consumer Protection Act and similar state laws. Customer will honor opt-out requests and will not upload or direct EchoReach to message any person without lawful consent.
   4.2 Content. Customer is responsible for the accuracy of Customer Data and for any content it instructs EchoReach to send. Customer will not use the Services for spam, illegal content, or harassment.
   4.3 Numbers and caller ID. Phone numbers used in the Services are provisioned through telephony providers such as Twilio and may be toll-free or local. Numbers remain controlled by the provider and are assigned for Customer’s use while fees are paid. Porting may be available subject to provider rules and account standing.
   4.4 Deliverability. Carrier filtering, user device settings, and network conditions can delay or block messages or calls. EchoReach does not guarantee delivery times or completion rates. Customer will complete any required brand or campaign registrations, including Toll-Free Verification and, if using local A2P numbers, 10DLC brand and campaign registration.
   4.5 Access. Customer will keep account credentials confidential and is responsible for activities under its accounts.

5. Acceptable Use
   Customer and its Users will not reverse engineer the Services, interfere with security or operations, misuse rate limits, or use the Services in violation of law. Customer will not use the Services to collect sensitive data such as government ID numbers, financial account numbers, medical or biometric data, precise geolocation, or information about minors.

6. Support
   EchoReach provides standard email support during business hours in the United States. Premium support, custom integrations, or professional services may require a separate order.

7. Fees and Payment
   Fees are as stated in the applicable order or on the website and may include a platform fee plus pass-through telephony usage and carrier surcharges. Unless stated otherwise, fees are billed in advance and are non-refundable. Late or failed payments may result in suspension of the Services after notice. Taxes, if any, are Customer’s responsibility except for taxes based on EchoReach’s income.

8. Term, Renewal, and Termination
   Unless stated otherwise in an order, subscriptions run month-to-month and renew automatically until canceled. Either party may terminate for convenience effective at the end of the then-current term by providing notice before the next renewal date. Either party may terminate for material breach not cured within 30 days after notice. Upon termination, Customer will stop using the Services. EchoReach will make Customer Data reasonably available for export for at least 30 days after termination.

9. Ownership and Licenses
   EchoReach and its licensors own the Services and all related intellectual property. No rights are granted except as expressly stated. Customer owns Customer Data. Customer grants EchoReach a limited license to process Customer Data to provide and improve the Services and to create aggregated, de-identified statistics that do not identify Customer or individuals.

10. Privacy and Data Processing
    EchoReach will process personal information in accordance with its Privacy Notice posted on the Site. Each party will implement reasonable technical and organizational measures to protect personal information. If data protection law applies, Customer is the controller and EchoReach is the processor. EchoReach may use Subprocessors such as Squarespace, Twilio, Airtable, Voiceflow, Stripe and Google, and will be responsible for their performance to the extent it controls them.

11. Confidentiality
    Each party will protect the other’s confidential information with the same degree of care it uses to protect its own, and will use it only to perform under this Agreement. Confidential information excludes information that is public, already known without duty, independently developed, or rightfully received from another source.

12. Warranties and Disclaimers
    EchoReach warrants it will provide the Services in a professional and workmanlike manner and that the Services will operate substantially as described in the documentation. To the maximum extent permitted by law, all other warranties are disclaimed, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. EchoReach does not warrant uninterrupted or error-free operation or guaranteed message or call delivery.

13. Indemnification
    13.1 EchoReach will defend Customer from third-party claims that the Services, as provided by EchoReach, infringe United States patents, copyrights, or trade secrets, and will pay settlement amounts and final judgments, provided Customer promptly notifies EchoReach and cooperates. EchoReach may modify the Services to avoid infringement, procure continued use, or terminate the affected Services and refund prepaid fees for unused months. This obligation does not apply to claims arising from Customer content, instructions, or combinations with items not supplied by EchoReach.
    13.2 Customer will defend EchoReach from third-party claims arising from Customer’s content, unlawful messaging, or failure to obtain consent, and will pay settlement amounts and final judgments, subject to prompt notice and cooperation.

14. Limitation of Liability
    Neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits or lost data. Except for indemnification obligations, Customer’s payment obligations, or a party’s willful misconduct or fraud, each party’s total liability is limited to the fees paid by Customer for the Services giving rise to the claim during the twelve months before the event.

15. Suspension
    EchoReach may suspend the Services or remove content if necessary to protect the Services, comply with law, or address misuse, and will notify Customer when practicable.

16. Compliance
    Each party will comply with applicable laws, including telemarketing, anti-spam, and data protection laws. Customer represents it is not on any denied-party list and will not use the Services in embargoed countries. The Services are offered from the United States.

17. Changes to These Terms
    EchoReach may update these Terms from time to time. Material changes will be posted on the Site with an updated date. If an active subscription is materially affected, EchoReach will provide notice and the change will take effect on the next renewal; Customer may terminate before renewal if it does not agree.

18. Governing Law and Dispute Resolution
    This Agreement is governed by the laws of the State of Maryland without regard to conflict-of-laws rules. The exclusive venue for disputes is the state or federal courts located in Maryland. The parties waive jury trial to the extent permitted by law and agree to first attempt in good faith to resolve disputes through discussions between business contacts.

19. Assignment
    Neither party may assign this Agreement without the other party’s consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets. Any permitted assignment will bind successors.

20. Notices
    Notices must be sent by email to jackmgasn@gmail.com. Notices are effective when sent by email and two business days after deposit with a courier for physical mail.

21. Force Majeure
    Neither party is liable for delays or failures caused by events beyond its reasonable control, including network outages, carrier issues, denial of service attacks, labor disputes, or acts of nature.

22. Entire Agreement
    This Agreement, together with any order or proposal that references it and the Privacy Notice, is the entire agreement between the parties regarding the Services. If there is a conflict, an executed order controls over these Terms. If any provision is unenforceable, the remainder will remain in effect. No waiver is implied by a failure to enforce a term.

EchoReach Terms of Service (Month-to-Month)
Service. EchoReach provides an SMS agent that replies to missed calls, captures contact details, and sends lead notifications to the business. EchoReach is not for healthcare/PHI.
Subscription & Billing. $129 per month, billed in advance each month until canceled. Charges are processed by Stripe.
Cancellation. Cancel anytime in the Customer Portal; service remains active through the current paid period. No refunds for partial periods.
Fair Use. Plan includes up to 1,500 SMS segments/month (inbound + outbound combined). Sustained usage above this level for two consecutive months may be upgraded to a higher-volume plan or billed at $0.02 per additional segment starting the next cycle.
Compliance. Customer represents that its use complies with TCPA/CTIA; opt-out keywords (STOP/UNSUBSCRIBE) and HELP are honored. Toll-Free Verification is required before high-volume messaging.
Data. We store lead contact details and message metadata for service delivery and diagnostics. See our Privacy Policy for details.
Availability. EchoReach aims for high availability but may be impacted by carrier/Twilio outages or customer configurations.
Limitation of Liability. To the maximum extent permitted by law, EchoReach’s aggregate liability is limited to fees paid in the three (3) months prior to the event giving rise to the claim.
Governing Law. Maryland, USA.
Support. Contact: jackmgans@gmail.com

Subprocessor list (current): Squarespace, Twilio, Airtable, Voiceflow, Google. EchoReach may update this list as providers change.

Contact: jackmgans@gmail.com