Terms of Service

1. Agreement to terms

These Terms of Service (“Terms”) govern your access to and use of the websites, applications, and related services offered by Project Echo (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

If you do not agree to these Terms, do not use the Services. We may update these Terms from time to time; the “Effective date” at the top indicates when the current version became effective. Continued use after changes constitutes acceptance of the revised Terms, except where prohibited by law.

2. Eligibility

You must be able to form a legally binding contract in your jurisdiction to use the Services. You must not use the Services if you are prohibited from doing so under applicable law.

3. Accounts and security

You may need to create an account to use certain features. You agree to provide accurate information and keep it current. You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly at support@projectecho.io if you suspect unauthorized access.

4. The Services

Project Echo provides tools to collect and manage feedback, publish roadmaps and changelogs, and collaborate with teammates and end users. We may modify, suspend, or discontinue features or the Services as a whole, provided that where we materially reduce functionality for paying customers, we will use reasonable efforts to provide advance notice when practicable.

5. Customer content and license

You retain ownership of content you submit to the Services (“Customer Content”). You grant Project Echo a worldwide, non-exclusive license to host, use, process, display, and transmit Customer Content solely as necessary to provide, secure, and improve the Services and as described in our Privacy Policy.

You represent and warrant that you have all rights necessary to grant the foregoing license and that Customer Content does not violate these Terms or applicable law.

6. Acceptable use

You agree not to:

• Use the Services in violation of any law or regulation;
• Upload or distribute malware, attempt unauthorized access to systems or data, or disrupt the integrity or performance of the Services;
• Harass, abuse, or harm individuals or groups, or submit content that is defamatory, obscene, hateful, or infringes intellectual property or privacy rights;
• Scrape, crawl, or automate access to the Services except as permitted by our public APIs or with our prior written consent;
• Misrepresent your identity or affiliation, or use the Services to send unsolicited spam;
• Resell or sublicense the Services without authorization.

We may investigate violations and suspend or terminate access where we reasonably believe you have breached these Terms or pose a risk to the Services or other users.

7. Intellectual property

Project Echo and its licensors own all rights, title, and interest in and to the Services, including software, branding, and documentation, excluding your Customer Content. Except for the limited rights expressly granted in these Terms, no rights are granted to you.

8. Third-party services

The Services may integrate with third-party products (for example, identity providers or analytics). Your use of third-party services is subject to their terms and policies. Project Echo is not responsible for third-party services.

9. Fees

Certain plans or features may be offered for a fee. If you purchase a paid subscription, you agree to the pricing and billing terms presented at purchase. Fees are non-refundable except as required by law or as expressly stated at purchase. We may change fees for future subscription periods with reasonable advance notice.

10. Disclaimer of warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROJECT ECHO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR- FREE, OR FREE OF HARMFUL COMPONENTS.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROJECT ECHO OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROJECT ECHO’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO PROJECT ECHO FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PROJECT ECHO.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Indemnity

You will defend, indemnify, and hold harmless Project Echo and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of Customer Content, your use of the Services, or your breach of these Terms, except to the extent caused by Project Echo’s gross negligence or willful misconduct.

13. Termination

You may stop using the Services at any time. We may suspend or terminate your access if you materially breach these Terms, if we are required to do so by law, or if we cease offering the Services. Provisions that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnity, and governing law) will survive.

14. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to applicable law, exclusive jurisdiction for any dispute will be the state and federal courts located in Delaware, and you consent to personal jurisdiction there.

15. General

These Terms, together with our Privacy Policy and any order form or supplemental terms you agree to when purchasing paid features, constitute the entire agreement between you and Project Echo regarding the Services. If any provision is unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

16. Contact

For questions about these Terms, contact us at legal@projectecho.io.