Terms of Service — EchoReach

Last updated: October 15, 2025

1) Agreement

These Terms of Service (“Terms”) set forth the terms, conditions and limitations for access to and use of EchoReach services and website (the “Services” and the “Site”). By using the Services, submitting a Contact/Demo form, or signing an order, checkout, or proposal that references these Terms (an “Order”), the customer (defined below) agrees to all Terms, including limitations set forth therein (the “Agreement”).

2) Definitions

  • Services: EchoReach’s hosted tools are programmed to answer missed/overflow calls with an AI voice receptionist, are intended to capture sales lead details left by the caller, generate a lead quality report, and deliver structured lead summaries to the customer (i.e., by email and/or API).

  • Customer: The business or individual that subscribes to the Services.

  • Users: Customer’s employees/contractors who access or receive the Services.

  • Customer Data: Information submitted to or generated by the Services for Customer, including caller lead details, call metadata, and quality scores.

  • Subprocessors: Third parties EchoReach contracts with to provide the Services (e.g., hosting, telephony, voice, CRM, email, billing).

3) Services and Scope

3.1 Operation. EchoReach will perform the Services with reasonable care and use commercially reasonable efforts to keep the Services available at all times (routine maintenance excluded). Core functionality includes: (i) answering missed/overflow calls as Customer’s virtual receptionist, (ii) attempting to capture four key fields (name, phone, reason, callback window), (iii) generating a Lead Quality Report, and (iv) delivering structured lead summaries.
3.2 Changes. 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 No emergency services. The Services do not include access to emergency responders; DO NOT use the Services for emergencies.
3.4 Healthcare data. The Services are not provided as a HIPAA covered entity service. Customer must not submit protected health information (PHI) or other sensitive data via the Services.
3.5 Recording & transcripts. By default, EchoReach delivers structured lead summaries and quality scores, and stores audio transcripts. If Customer enables call recording or transcripts, Customer is responsible for obtaining and providing legally required consent and notices, and for any applicable retention obligations. EchoReach may provide an optional consent line if enabled by Customer.

4) Customer Responsibilities

4.1 Compliance & consent. Customer is solely responsible for obtaining, documenting, and honoring all legally required consents to contact end users by phone/SMS and to record calls if enabled, including under federal TCPA (Telephone Consumer Protection Act), state call-recording laws, and similar regulations. Customer will honor opt-outs and will not direct EchoReach to contact anyone without lawful consent.
4.2 Content & accuracy. Customer is responsible for Customer Data accuracy and for any Customer-provided content, prompts, or instructions. Customer will not use the Services for spam, illegal content, harassment, or discriminatory practices.
4.3 Numbers & caller ID. Phone numbers used with the Services are provided by telephony vendors 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 per provider rules and account standing.
4.4 Deliverability. Carrier filtering, device settings, and network conditions may delay or block calls or messages. EchoReach does not guarantee delivery times or completion rates. Customer is required to complete necessary registrations (e.g., Toll-Free Verification; and if using A2P local SMS, 10DLC brand/campaign).
4.5 Access & security. Customer will keep login credentials confidential and is responsible for activities under its accounts.

5) Acceptable Use

Customer and Users will not (a) reverse engineer the Services; (b) interfere with security or operations; (c) circumvent rate limits; (d) use the Services in violation of law; or (e) collect or submit sensitive data (e.g., government IDs, financial account numbers, PHI/biometrics, precise geolocation, data about minors). EchoReach may suspend usage to protect the Services or address misuse (see §12).

6) Support

EchoReach provides standard email support during U.S. business hours. Premium support, custom integrations, or professional services may require a separate Order.

7) Fees and Payment

7.1 Subscription. Unless stated otherwise in an Order, the Services are billed month-to-month as a flat subscription fee, billed in advance and non-refundable for the period purchased. Taxes (if any) are Customer’s responsibility (excluding EchoReach income taxes).
7.2 Fair use. The subscription is priced for typical small-business missed/overflow call volumes. EchoReach may contact Customer to adjust plan tiers if sustained usage materially exceeds reasonable business patterns (e.g., using resources like a full call center).
7.3 Non-payment. Late or failed payments may result in suspension after notice. 

8) Term, Renewal, and Termination

8.1 Renewal. Subscriptions renew automatically month-to-month until canceled. Either party may terminate for convenience effective at the end of the then-current term by providing written notice before the next renewal date.
8.2 Breach. Either party may terminate for material breach not cured within 30 days after written notice.
8.3 Post-termination. Upon termination, Customer will stop using the Services (or EchoReach will terminate access). EchoReach will make Customer Data reasonably available for export for at least 30 days after termination.

9) Ownership and Licenses

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

10) Privacy and Data Processing

10.1 Privacy Notice. EchoReach will process personal information per its Privacy Notice posted on the Site.
10.2 Roles. To the extent data protection law applies, Customer is the controller of such data and EchoReach is the processor with respect to Customer Data.
10.3 Security. Each party will implement reasonable technical and organizational measures to protect personal information.
10.4 Subprocessors. EchoReach may use Subprocessors and remains 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 for its own but in no event less than a reasonable degree of care, 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) Suspension

EchoReach may immediately suspend the Services or remove content to protect the Services, comply with law, prevent fraud or abuse, or address security risks, and will notify Customer when practicable.

13) Warranties and Disclaimers

EchoReach warrants it will provide the Services in a professional and workmanlike manner and that the Services are intended to operate substantially as described in current documentation. Except as stated, the Services are provided “as is.” 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 call/message delivery.

14) Indemnification

14.1 By EchoReach. EchoReach will defend Customer from third-party claims that the Services, as provided by EchoReach, infringe U.S. patents, copyrights, or trade secrets that are included in the Services and liability is created by such wrongful use, and will pay settlements and final judgments, if Customer promptly notifies EchoReach in writing and reasonably cooperates. EchoReach may (at its option) modify the Services, procure continued use, or terminate the affected Services and refund prepaid fees for unused months. This does not apply to claims arising from Customer content, instructions, or combinations with non-EchoReach items.
14.2 By Customer. Customer will defend EchoReach from third-party claims, including but not limited to reasonable legal fees, arising from Customer’s content, unlawful calling/messaging or any other unlawful conduct, recording without required consent, or failure to obtain consent, and will pay settlements and final judgments, subject to prompt notice and cooperation.

15) 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 (i) indemnification obligations, or (ii) Customer’s payment obligations, each party’s total liability is limited to the fees paid by Customer for the Services giving rise to the claim in the twelve (12) months before the event.

16) Compliance

Each party will comply with applicable laws, including telemarketing, call-recording, 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 or through mediation.

19) Assignment

Customer may not assign this Agreement without EchoReach’s consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets. Any permitted assignment binds successors.

20) Notices

Notices must be sent by email to contact.echoreachai@gmail.com (for EchoReach) or the email on file for Customer. 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 (e.g., network/carrier outages, DDoS, labor disputes, acts of nature).

22) Entire Agreement; Order of Precedence

This Agreement, together with any Order and the Privacy Notice, is the entire agreement. In case of conflict, an executed Order controls the Terms. If any provision is unenforceable, the remainder remains in effect. No waiver is implied by a failure to enforce a term.

Month-to-Month Plan Summary (for your pricing page; optional, not legal text)

  • Service: AI voice receptionist for missed/overflow calls; lead capture (name, phone, reason, callback) + lead quality score; email/API delivery.

  • Subscription & Billing: Flat monthly fee, billed in advance; renews month-to-month; cancel anytime (service remains active through current period).

  • Fair Use: Intended for typical small-business volumes; EchoReach may propose a higher-volume plan if sustained usage materially exceeds normal patterns.

  • Compliance: Customer is responsible for legal consents (calling/SMS) and call-recording consent if enabled.

  • Data: Lead details and metadata stored for service delivery and diagnostics; see Privacy Policy.

  • Availability: High-availability target; dependent on carriers/telephony vendors.

  • Support: Email support during U.S. business hours.

  • Governing Law: Maryland, USA.

Contact:contact.echoreachai@gmail.com