These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and ECHOTEXT LTD, a company incorporated in England and Wales under company number 15890472 ("EchoComm," "we," "us," or "our"), governing your access to and use of the EchoComm cloud communications platform, APIs, documentation, and related services (collectively, the "Services").
By accessing or using the Services, you represent and warrant that you have the authority to bind the entity on whose behalf you are acting, and you agree to be bound by these Terms, our Privacy Policy, and our Acceptable Use Policy.
1. Acceptance of Terms
By creating an account, accessing, or using any part of the EchoComm Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services. We may update these Terms from time to time; continued use of the Services after any such update constitutes acceptance of the revised Terms.
2. Service Description
EchoComm provides an API-driven cloud communications platform that enables enterprise clients to:
- Search, provision, and manage telephone numbers (DIDs) across multiple area codes and regions
- Configure call routing and forwarding rules for inbound voice traffic
- Receive and route inbound SMS messages via webhook integrations
- Track and attribute marketing leads to specific advertising campaigns and channels
- Access usage analytics, call detail records, and campaign performance data
The Services are provided on a subscription basis and are designed exclusively for business-to-business (B2B) use by authorized enterprise clients.
3. Account Eligibility
The EchoComm platform is available exclusively to registered business entities. To qualify for an account, you must:
- Be a legally registered and operating business entity in good standing
- Successfully complete our Know Your Business (KYB) verification process, including submission of valid business registration documents, government-issued identification of authorized representatives, and a detailed description of your intended use case
- Maintain a minimum monthly service commitment as agreed in your service order
- Designate at least one authorized account administrator and provide current contact information
EchoComm reserves the right to decline any application or terminate any account at its sole discretion if we determine that the applicant or client does not meet our eligibility requirements or compliance standards.
4. Payment Terms
4.1 Billing and Fees
- All fees are quoted and payable in United States Dollars (USD) unless otherwise specified in your service order
- Services are billed on a monthly prepaid basis, with invoices issued on the first business day of each billing period
- Minimum monthly commitments apply as specified in your service order
- Usage exceeding your plan allocation will be billed at the overage rates specified in your service order
4.2 Payment Methods
We accept payment via wire transfer, ACH, and major credit cards. Payment is due within 15 days of invoice date unless otherwise agreed in writing.
4.3 Late Payment
Overdue balances will accrue interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. EchoComm reserves the right to suspend Services for accounts with outstanding balances exceeding 30 days past due.
5. Service Level Agreement (SLA)
EchoComm targets the following service level objectives for enterprise clients. Formal SLA terms, including credit mechanisms, are defined in individual service orders:
- Platform Availability: Target uptime of 99.9% per calendar month, measured as the percentage of total minutes during which the API is operational and responsive
- API Response Time: Target median response time of ≤200ms for standard API endpoints
- Number Provisioning: Target activation within 60 seconds of API request
- Webhook Delivery: Target first delivery attempt within 5 seconds of event occurrence
Scheduled maintenance windows (communicated at least 72 hours in advance) are excluded from uptime calculations. SLA credits may be available for qualifying downtime events as specified in your service order.
6. Intellectual Property
All intellectual property rights in the Services, including but not limited to the platform software, API specifications, documentation, SDKs, trademarks, and trade secrets, are and shall remain the exclusive property of ECHOTEXT LTD. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited license to use the Services as described herein.
You retain all rights in your data and content transmitted through the Services. By using the Services, you grant EchoComm a limited license to process your data solely for the purpose of providing and improving the Services.
7. Confidentiality
Each party agrees to maintain the confidentiality of all non-public information received from the other party, including but not limited to API credentials, pricing terms, technical documentation, and business strategies. Confidential information shall not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law or as necessary to perform obligations under these Terms.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- ECHOTEXT LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE
- ECHOTEXT LTD'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM
- ECHOTEXT LTD SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE CLIENT'S FAILURE TO COMPLY WITH APPLICABLE LAWS, REGULATIONS, OR THE ACCEPTABLE USE POLICY
9. Indemnification
You agree to indemnify, defend, and hold harmless ECHOTEXT LTD, its 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 relating to:
- Your use of the Services in violation of these Terms, the AUP, or applicable law
- Any communications sent or received through your account
- Your failure to comply with applicable telecommunications regulations
- Any third-party claims arising from your use of the Services
10. Termination
10.1 Termination for Convenience
Either party may terminate these Terms by providing 30 days' written notice to the other party. Prepaid fees for the remaining portion of the current billing period are non-refundable.
10.2 Termination for Cause
EchoComm may immediately terminate or suspend your account without notice if:
- You violate any provision of these Terms or the Acceptable Use Policy
- You fail to make payment within 30 days of the due date
- Your use of the Services poses a risk to the platform, other clients, or the telecommunications network
- We are required to do so by law, regulation, or carrier directive
10.3 Effect of Termination
Upon termination, all provisioned numbers will be released, webhook configurations will be deactivated, and API access will be revoked. You will have 30 days from the date of termination to request export of your call detail records and usage data.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Before initiating formal legal proceedings, both parties agree to attempt resolution through good-faith negotiation for a period of at least 30 days.
12. General Provisions
- Entire Agreement: These Terms, together with the Privacy Policy and AUP, constitute the entire agreement between you and ECHOTEXT LTD regarding the Services
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect
- Waiver: Failure to enforce any right or provision shall not constitute a waiver of such right or provision
- Assignment: You may not assign or transfer your rights under these Terms without our prior written consent
- Force Majeure: Neither party shall be liable for delays or failures caused by events beyond their reasonable control, including natural disasters, acts of government, or telecommunications infrastructure failures
13. Contact Information
For questions about these Terms of Service, please contact:
ECHOTEXT LTD
Legal Department
71-75 Shelton Street, Covent Garden
London, WC2H 9JQ, United Kingdom
Email: legal@echotext.net