Terms of Service
Essentials to Terms of Service
The purpose of the terms of service
The terms of service should clearly state the purpose of the agreement and the scope of the services that are being provided. The rights and responsibilities of the parties involved: The terms of service should outline the rights and responsibilities of both the business and you. This may include things like payment terms, cancellation policies, and limitations of liability. Applicable laws and regulations: The terms of service should be written in compliance with all applicable laws and regulations. This may include consumer protection laws, privacy laws, and other relevant legal requirements.
Applicable Laws and Regulations
The terms of service should be written in compliance with all applicable laws and regulations. This may include consumer protection laws, privacy laws, and other relevant legal requirements.
Dispute Resolution
The terms of service should outline how disputes between the business and you will be resolved. This may include arbitration clauses or other alternative dispute resolution methods.
Changes to Terms of Service
The terms of service should include provisions for how changes to the agreement will be communicated and implemented.
Overall, the key is to ensure that the terms of service are clear, comprehensive, and fair to both the business and you.
Purpose of the Terms of Service
The purpose of this agreement is to outline the terms and conditions under which echowin (referred to as 'echowin') will provide services (the 'Services') including but not limited to receiving, processing of incoming calls and fulfillment of customer queries and requests to small businesses (referred to as 'You'). By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.
Services
echowin will receive and process incoming calls on behalf of you and help fulfill your customers' queries and requests to the best of its abilities. echowin will use the latest artificial intelligence technology to provide accurate and efficient service. echowin will use all its abilities and efforts to make the Services available at all times. However, the Services may be subject to interruptions, delays, or other issues due to maintenance, repairs, upgrades, or other factors beyond the echowin's control. echowin will do its best to update you about such issues. You agree that echowin will not be liable for any losses or damages resulting from any unavailability of the Services.
Service Fees and Payments
You agree to pay the applicable fees for the Services (the 'Fees' ') as set forth on the echowin’s website or as otherwise agreed upon by echowin and you. The Fees are subject to change at echowin's discretion, and echowin will provide you with notice of any changes to the Fees. Payment is due on the first day of each month, and echowin may suspend Services if payment is not received on time.
At present, we do not impose any additional fees for the use of features such as call transfers (including international transfers), SMS text messages, Cubie, etc., provided they fall within our fair usage policy. Please note that we reserve the right to introduce additional fees for these features in the future. The definition of fair usage is at our sole discretion.
All Fees are payable in advance and are non-refundable, except as required by applicable law. You are responsible for providing echowin with accurate billing and contact information, and you agree to promptly update this information if it changes.
Cancellation
You may cancel the Services at any time by providing cancellation request using echowin’s web portal to notify echowin. echowin may also terminate this agreement if you fail to pay the monthly fee or otherwise breach the terms of this agreement. These terms of service will remain in effect until terminated by you or echowin.
Limitation of Liability
  • echowin shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use or inability to use the services provided by the company.
  • echowin shall not be liable for any errors or omissions in the information provided through the services, or for any actions taken or not taken based on such information.
  • echowin shall not be liable for any breaches of security or unauthorized access to your personal information, including but not limited to hacking, phishing, or other malicious activities.
  • echowin shall not be liable for any damages or losses resulting from your reliance on the accuracy, completeness, or usefulness of the information provided through the services.
  • echowin shall not be liable for any damages or losses arising out of or in connection with any third-party websites or services that may be accessed through the use of the company's services.
  • echowin shall not be liable for any damages or losses arising out of or in connection with any changes to the services or discontinuation of the services.
  • echowin shall not be liable for any damages or losses arising out of or in connection with any disruptions, failures, or malfunctions of the services.
  • echowin shall not be liable for any damages or losses arising out of or in connection with any loss of data or data breach.
  • echowin shall not be liable for any damages or losses arising out of or in connection with any disputes between you and any third parties, including but not limited to other customers or service providers.
  • echowin shall not be liable for any damages or losses arising out of or in connection with any violation of any applicable laws or regulations by you.
  • The limitations of liability set forth in this section shall apply to the fullest extent permitted by law, and shall not be affected by the failure of any remedy set forth in this privacy policy or in any agreement between you and echowin.
  • You agree to indemnify, defend, and hold harmless our AI phone company, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from or relating to your use of our services or your breach of these terms of service.
Dispute Resolution
Any disputes arising under this agreement will be resolved through mediation, and if necessary, arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association.
Referral Program
By participating in echowin's Referral Program, participants acknowledge and agree to these terms. Participants, whether existing customers or not, must sign up to be eligible. For each successful referral, the referrer will receive a $10 reward, and the referred party is entitled to a $10 discount on their first use of echowin's services. The commission earned will only be available for payout after 14 days from the date of payment. The referral commission will be voided if the account being referred gets a refund for any reason. Rewards are granted as cash and can be redeemed globally without any commission limits or minimum redemption threshold. Participants will have access to a dashboard for comprehensive visibility of their referrals. echowin reserves the right to modify, suspend or terminate the referral program at any time without prior notice. Participation in the program is deemed acceptance of these terms and any amendments thereto.

Participants agree to comply with all applicable laws and regulations, including but not limited to anti-spam laws. Abuse of the referral program, including referral fraud or attempting to game the system, will result in immediate termination from the program and forfeiture of any pending rewards. echowin disclaims all liability arising from or related to the referral program to the fullest extent permitted by law. Participants agree to indemnify and hold harmless echowin, its affiliates, officers, agents, employees, and partners from any claim or demand made by any third party due to or arising out of your participation in the referral program.

By joining the referral program, participants consent to echowin's collection, use, and disclosure of personal data as described in echowin's privacy policy and for the purposes of administering the program.
Warranty Disclaimer
echowin provides its services on an 'as is' and 'as available' basis, without any warranties of any kind, whether express, implied, or statutory. echowin will do its best but can’t guarantee the accuracy, completeness, timeliness, reliability, or availability of its services. echowin not be liable for any loss or damage arising from your use of its services.
Changes to the Terms of Service
echowin may make changes to these Terms of Service at any time by providing notice via. customer web portal to you. The Client's continued use of the Services after the changes are made will constitute acceptance of the revised terms.
Data Privacy and Security
echowin takes the privacy and security of your data very seriously. echowin will only collect, use, and share your personal and business information as necessary to provide the agreed-upon services and as required by law. We will implement appropriate technical and organizational measures to protect your data from unauthorized access, disclosure, alteration, or destruction.
Confidentiality
echowin will keep any confidential information that you provide to us, including information about your business and your customers, strictly confidential and will not disclose it to any third parties without your prior written consent, unless required by law.