Introduction

Welcome to EchoQuery. www.echoquery.com (the "Website") is owned and operated by RSM Consulting Ltd. These Terms of Service ("Terms") govern your access to and use of the EchoQuery website and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using the Services, you agree to comply with and be bound by these Terms and any policies, guidelines, or amendments that may be presented to you from time to time. If you do not agree to these Terms, do not use our Services.

2. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our website. Your continued use of the Services after the posting of the revised Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically.

3. Use of Services

Eligibility: You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms.

Account Registration: To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.

Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Prohibited Activities: You agree not to engage in any of the following prohibited activities:

• - Using the Services for any illegal purpose or in violation of any local, state, national, or international law.
• - Engaging in any activity that interferes with or disrupts the Services or the servers and networks connected to the Services.
• - Attempting to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services.
• - Using any robot, spider, or other automatic device, process, or means to access the Services for any purpose without our express written permission.
• - Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure.

4. User Content

User Responsibility: You are solely responsible for any content that you create, upload, transmit, or display while using the Services ("User Content"). You agree not to create, upload, transmit, or display any User Content that:

• - Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• - Infringes the intellectual property rights or other proprietary rights of any third party.
• - Violates the privacy or publicity rights of any third party.

License to User Content: By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, distribute, and display such User Content in connection with providing the Services.

5. Intellectual Property

Ownership: All content and materials included in the Services, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are the property of EchoQuery or its licensors and are protected by applicable intellectual property laws.

Trademarks: The trademarks, logos, and service marks ("Marks") displayed on the Services are the property of EchoQuery or its licensors. You are not permitted to use these Marks without our prior written consent.

6. Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand our practices.

7. Sale of Services

These Terms govern the sale of services available on our Service, such as subscriptions to our Service.

Payment: Subscriptions must be paid in full at the time of ordering, unless otherwise indicated by free trials of our Service. Refer to the Free Trial section for more information.

Service Description: These Terms apply to all the services displayed on our Service at the time you access it. While we strive to provide accurate information, descriptions, and images of our services, we do not guarantee their accuracy. You agree to purchase services from our Service at your own risk. We reserve the right to modify, reject, or cancel your order whenever necessary.

8. Subscriptions

Automatic Renewal: Your subscription will automatically renew, and you will be automatically billed until we receive notification that you wish to cancel the subscription.

Cancellation: To cancel your subscription, log in to your account and select "Manage Subscription" under the "Plan & Payment" tab. No refunds will be issued for any remaining period of the subscription term upon cancellation. The subscription will remain active until the end of the current billing cycle. After the subscription term ends, access to your account and its services may be restricted or limited to read-only mode for a designated period.

Data Responsibility: It is your responsibility to ensure that all necessary data and information are secured prior to the termination of the subscription term, as the Service shall not be liable for any loss of data or information post-cancellation.

9. Free Trial

Availability: We offer a free trial period for some subscription plans when you register for a new account.

Billing: At the end of your free trial, you will automatically be billed at our monthly subscription rate. To avoid being billed, you must cancel your subscription before the end of the free trial period. To cancel your free trial, log in to your account and select "Billing" under the "Settings" page.

10. Payments

Accepted Payment Methods: We accept the following payment methods:

• - Credit Card
• - Apple Pay
• - Google Pay
• - Link
• - Other linked payment methods through Stripe, a payment service provider

Authorization: By providing your payment information, you authorize us to charge the amount due to your chosen payment instrument. If we believe your payment has violated any law or these Terms, we reserve the right to cancel or reverse your transaction.

11. Consumer Protection Law

Where the Business Practice and Consumer Protection Act or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms will not limit your legal rights and remedies under that legislation. These Terms will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and that legislation, the mandatory provisions of the legislation will apply.

12. Disclaimers

No Warranty: The Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability: To the fullest extent permitted by law, EchoQuery and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• - Your use or inability to use the Services.
• - Any unauthorized access to or use of our servers and/or any personal information stored therein.
• - Any interruption or cessation of transmission to or from the Services.
• - Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party.
• - Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Services.

13. Indemnification

You agree to indemnify, defend, and hold harmless EchoQuery, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, your User Content, or your violation of these Terms.

14. Termination

We may terminate or suspend your account and access to the Services at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [your jurisdiction], without regard to its conflict of law principles.

16. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration conducted by the [name of arbitration organization] in accordance with its rules. The arbitration shall take place in [location], and the arbitrator's decision may be enforced in any court of competent jurisdiction.

17. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and EchoQuery regarding the use of the Services.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Contact Information

If you have any questions about these Terms, please contact us at:

Email: hello@echoquery.com

Effective date: June 1, 2024