Terms of Service

These Terms of Service ("Terms") are a binding agreement between Echo IO, Inc., a Delaware corporation ("Echo", "we", "us"), and the company or other legal entity you represent ("Customer", "you"). They govern your access to and use of our websites (including echoio.ai), applications, APIs, agents, and related services (collectively, the "Service"), together with every policy they incorporate by reference, including our Privacy Policy, Cookie Policy, Public Data Notice, and Sub-processor list.

The Service is offered exclusively for business use. The individual accepting these Terms represents that they have authority to bind the Customer entity; if you do not have that authority, or you do not agree with any part of these Terms, you must not access or use the Service.

Please read these Terms carefully — they include an agreement to resolve disputes by binding individual arbitration and a waiver of class actions and jury trials (see "Governing Law & Dispute Resolution").

Echo is an agentic AI operations platform for creator-led growth. It can monitor market, creator, and competitor signals; generate analyses, briefs, shortlists, and recommendations; and — where you configure and authorize it — execute operational tasks such as drafting and sending creator outreach, publishing content, and creating or adjusting advertising campaigns through your connected accounts.

You control the autonomy settings that determine what the Service may do without per-action approval. Regardless of configuration, you are responsible for supervising the Service's activity, reviewing outputs and pending actions, and maintaining a human review process appropriate to the risk of each action. The Service is a decision-support and execution tool acting on your instructions; it does not replace your judgment.

We may modify, add, or discontinue features of the Service at any time. Features identified as beta, preview, or experimental are provided for evaluation, may be changed or withdrawn without notice, and are provided without any warranty or commitment.

You must be at least 18 years old and using the Service on behalf of a business to open an account. You must provide accurate, complete registration information and keep it current. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account, and must notify us promptly at legal@echoio.ai of any unauthorized use.

The Service supports multi-tenant organisations. Organisation owners are responsible for managing member access, roles, and permissions within their organisation, and are responsible for their members' compliance with these Terms.

We reserve the right to suspend or terminate accounts that violate these Terms, at our discretion and without prior notice where immediate action is necessary.

Certain features require you to link third-party accounts — including social media, advertising, email, messaging, and other SaaS accounts ("Connected Accounts"), typically via OAuth. By linking a Connected Account, you: (a) represent that you own or are authorized to administer that account; (b) authorize us to access it and to take the actions you configure or approve through the Service, on your behalf and at your direction; and (c) instruct us to store and use the resulting credentials and tokens to provide the Service.

You are solely responsible for every action taken through the Service in or via your Connected Accounts — including outreach sent, content published, campaigns launched, and budget changes — to the same extent as if you had taken the action directly. You are responsible for complying with each third-party platform's terms, policies, and advertising rules that apply to your accounts, and for all consequences of revoking, suspending, or losing access to a Connected Account.

You may disconnect a Connected Account at any time; upon disconnection we will delete or cease using the associated tokens and platform data as described in our Privacy Policy.

Where the Service creates or manages advertising campaigns, it does so exclusively through your own advertising accounts on third-party platforms. We are not the advertiser, merchant of record, or media buyer, and we never hold your advertising funds. All advertising costs are billed by the relevant platform directly to the payment method on your advertising account, under your agreement with that platform.

• You are solely responsible for all advertising spend incurred through your accounts, including spend resulting from campaigns, budgets, bids, or changes that the Service creates or adjusts at your direction or under autonomy settings you enable.
• Spend caps, budgets, pacing rules, and approval requirements you configure in the Service are operational aids only. We do not guarantee they will prevent overspend, and platform behavior (including delivery beyond a budget) is outside our control.
• You are solely responsible for the legality and compliance of your advertising — its content, targeting, disclosures, and claims — under applicable law (including consumer-protection, marketing, and endorsement rules) and each platform's advertising policies.

The Service produces AI-generated outputs including briefs, shortlists, alerts, scores, drafts, campaigns, and other content ("Outputs"). You acknowledge that:

• Outputs may be inaccurate, incomplete, outdated, or misleading, and may contain errors or fabricated information, even when presented confidently.
• You must independently review and verify every Output before relying on it or acting on it — including before sending outreach, publishing content, or launching campaigns based on it.
• Outputs are not legal, financial, investment, tax, or other professional advice, and no Output creates any professional-client relationship.
• Similar or identical Outputs may be generated for other customers; we make no representation that any Output is unique, original, or non-infringing.
• Scores, forecasts, and metrics (including creator scores and attention or momentum estimates) are statistical estimates derived from available data, not guarantees of any outcome.

You retain responsibility for any decisions or actions taken based on Outputs generated by the Service.

You agree to use the Service only for lawful purposes. You must not, and must not permit anyone to, use the Service to:

• Conduct surveillance of individuals, track individuals' physical location or private life, or monitor people for purposes unrelated to lawful business marketing analysis
• Profile individuals based on race, ethnicity, religion, health, sexual orientation, political affiliation, union membership, or other sensitive characteristics, or otherwise process data in a discriminatory or unlawful way
• Harass, stalk, defame, or harm any person, or send unsolicited communications in violation of applicable law (including anti-spam laws such as CAN-SPAM and CASL)
• Violate any third-party platform's terms, developer policies, or advertising policies, or access platform data other than through the Service's supported integrations
• Advertise or promote unlawful products or services, or run deceptive, fraudulent, or misleading campaigns
• Generate, distribute, or act on content that is illegal, defamatory, fraudulent, or infringes the intellectual-property rights of any third party
• Upload malicious code, probe or breach the Service's security, interfere with its operation, or access it by automated means outside documented interfaces
• Scrape, harvest, resell, sublicense, or redistribute the Service or data obtained through it (including creator contact data) except as expressly permitted in writing
• Reverse-engineer, decompile, or attempt to extract the source code, models, or prompts underlying the Service, except to the extent such a restriction is prohibited by law
• Use the Service or Outputs to develop a competing product, or to train machine-learning models, without our prior written consent
• Impersonate any person or entity, misrepresent your affiliation, or connect accounts you are not authorized to administer

We may investigate suspected violations and may suspend or terminate access (in whole or in part, with or without notice) where we reasonably believe use of the Service violates this section, threatens the security or integrity of the Service or others, or exposes us to liability, including where required by a third-party platform.

The Service depends on third-party platforms and services that we do not control, including Meta (Facebook and Instagram), TikTok, LinkedIn, X (Twitter), Google (including YouTube and Google Ads), Slack, and email providers. You acknowledge and agree that:

• Echo is an independent product. We are not affiliated with, endorsed by, or sponsored by Meta, Instagram, TikTok, LinkedIn, X, Google, YouTube, Slack, or any other third-party platform. All platform names and trademarks belong to their respective owners.
• Third-party platforms may change, throttle, suspend, or revoke API access, features, or data availability at any time, with or without notice. We are not liable for any loss of functionality, data, or value resulting from a third-party platform's actions, outages, or changes to their terms or technology.
• Your use of each third-party platform remains governed by your own agreement with that platform, and you must comply with those terms when using the Service with it.
• We may remove data or disable functionality where a third-party platform requires it.

Access to certain features requires a paid subscription. Fees are billed through our payment processor at the prices and intervals presented when you subscribe or as otherwise agreed in writing. Unless stated otherwise: subscriptions renew automatically at the end of each billing period until cancelled; fees are payable in advance and are non-refundable except as required by applicable law; and usage-based fees are billed in arrears.

We reserve the right to change our pricing with effect from your next renewal by giving you at least 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new pricing. You are responsible for all taxes associated with your purchase other than taxes on our net income.

Failure to pay may result in suspension or termination of your account after reasonable notice. Advertising spend (see "Advertising & Ad Spend") is separate from and additional to our fees and is never collected by us.

The Service — including all software, infrastructure, agent logic, models, prompts, operator playbooks, and platform design — is the exclusive property of Echo and its licensors. Nothing in these Terms grants you any rights in our intellectual property except as expressly set out here.

You retain ownership of the content you submit to the Service ("User Content"), including prompts, brand materials, documents, and data you provide. By submitting User Content, you grant Echo a limited, non-exclusive, royalty-free licence to host, process, store, and use that content solely to provide, secure, and improve the Service, to comply with law, and as otherwise instructed by you. You represent that you have all rights necessary to submit User Content.

Subject to your compliance with these Terms and payment of applicable fees, Outputs generated for you are owned by you to the extent we hold any rights in them. Because Outputs are AI-generated, we do not warrant that any Output is protectable by intellectual-property law, unique, or non-infringing (see "AI-Generated Outputs" and "Disclaimers").

We may retain and use Outputs, User Content, and usage data in de-identified and/or aggregated form to operate, analyze, and improve the Service, provided such data does not identify you or any individual. If you provide feedback or suggestions, we may use them without restriction or obligation.

Our collection and use of personal data is described in our Privacy Policy, Cookie Policy, and Public Data Notice, each available in the footer of this site.

Where we process personal data on your behalf as a processor or service provider, we will, on request (legal@echoio.ai), enter into a data processing addendum with you, which will be incorporated into these Terms, and you authorize the sub-processors listed at echoio.ai/sub-processors. You are responsible for having a lawful basis for the personal data you submit to the Service and for the instructions you give us.

Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information, to use it only to perform under these Terms, and to protect it with at least reasonable care.

This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, was known before disclosure, is independently developed, is rightfully received from a third party, or is required to be disclosed by law or court order (with notice where lawful).

THE SERVICE, ALL OUTPUTS, AND ALL DATA PROVIDED THROUGH THE SERVICE ARE PROVIDED 'AS IS' AND 'AS AVAILABLE', WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR COMPLETENESS.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR AVAILABLE; THAT DATA (INCLUDING THIRD-PARTY AND PUBLICLY SOURCED DATA) WILL BE ACCURATE, CURRENT, OR COMPLETE; THAT OUTPUTS WILL BE RELIABLE OR FIT FOR YOUR PURPOSES; OR THAT THE SERVICE WILL ACHIEVE ANY MARKETING, REVENUE, ENGAGEMENT, OR OTHER OUTCOME.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, GOODWILL, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY (OR ONE HUNDRED U.S. DOLLARS IF YOU HAVE PAID NO FEES).

WITHOUT LIMITING THE FOREGOING, WE HAVE NO LIABILITY FOR: (I) ADVERTISING SPEND OR PLATFORM CHARGES OF ANY KIND; (II) ACTIONS TAKEN THROUGH YOUR CONNECTED ACCOUNTS AS CONFIGURED OR AUTHORIZED BY YOU; (III) YOUR USE OF OR RELIANCE ON OUTPUTS; (IV) ACTS, OMISSIONS, OUTAGES, OR API CHANGES OF THIRD-PARTY PLATFORMS; OR (V) CONTENT OR CONDUCT OF THIRD PARTIES.

These limitations apply regardless of the theory of liability and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you; in that case liability is limited to the greatest extent permitted.

You agree to defend, indemnify, and hold harmless Echo IO, Inc. and its affiliates, officers, directors, employees, and agents from and against any claims, demands, investigations, damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your User Content; (b) your advertising campaigns and communications, including their content, targeting, and compliance; (c) your Connected Accounts and the authorizations you grant through the Service; (d) your use of Outputs; (e) your violation of these Terms, applicable law, or any third-party platform's terms; or (f) disputes between you and any creator, platform, or other third party.

We will provide prompt notice of any claim and reasonable cooperation at your expense; you may not settle a claim that imposes obligations on us without our written consent.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions and excluding the U.N. Convention on Contracts for the International Sale of Goods.

Informal resolution first — before filing a claim, each party agrees to try to resolve the dispute informally by sending notice to the other (to us: legal@echoio.ai) and negotiating in good faith for 30 days.

Binding individual arbitration — any dispute not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules, before a single arbitrator, seated in the State of Delaware or conducted remotely by videoconference. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section. Either party may (i) bring an individual claim in small-claims court, and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction for infringement or misuse of intellectual-property rights or confidential information.

CLASS ACTION AND JURY TRIAL WAIVER — ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS. EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY.

30-day opt-out — you may opt out of this arbitration agreement by emailing legal@echoio.ai within 30 days of first accepting these Terms, stating your entity name and that you opt out of arbitration. If you opt out (or where the arbitration agreement is found unenforceable), the state and federal courts located in Delaware will have exclusive jurisdiction, and both parties consent to venue and personal jurisdiction there.

We may modify these Terms at any time. When we make material changes, we will update the effective date at the top of this page and provide notice via in-app notification or email before the changes take effect. Changes apply prospectively. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you must stop using the Service and may cancel your subscription.

You may cancel your account at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period.

We may suspend or terminate your access at any time for cause, including violation of these Terms, non-payment, or conduct we reasonably believe is harmful to other users, us, or third parties, and for any material breach not cured within 30 days of notice.

Upon termination, your right to use the Service ceases and you remain liable for amounts incurred. We will delete or de-identify your User Content and Connected Account credentials in accordance with our Privacy Policy and Data Deletion practices, subject to legal retention obligations and residual backup cycles. Provisions that by their nature should survive termination (including AI-output and third-party-platform provisions, intellectual property, disclaimers, limitation of liability, indemnification, and governing law) survive.

• Notices — legal notices to us must be sent to legal@echoio.ai. Notices to you may be sent to your account email or through the Service.
• Assignment — you may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure — neither party is liable for delay or failure caused by events beyond its reasonable control.
• Export & sanctions — you represent that you are not subject to U.S. sanctions and will comply with export-control and sanctions laws.
• Severability; waiver — if any provision is unenforceable, it will be modified to the minimum extent necessary and the rest remains in effect. Failure to enforce a provision is not a waiver.
• Entire agreement — these Terms, together with the documents they incorporate, are the entire agreement between the parties regarding the Service. A mutually executed order form or master agreement controls over these Terms in case of conflict.

Questions about these Terms: legal@echoio.ai. Privacy requests: legal@echoio.ai. General inquiries: info@echoio.ai.