Effective date: 24 January 2024
Echoline retains the right to make services, products, and features available through the Application and/or other downloadable products, and may modify or revise any part of the Service at its discretion. This Agreement applies to all additional services or products and all modified or revised Service unless otherwise specified. Echoline also reserves the right to discontinue any part of the Service, with no liability to users or third parties for such modifications, revisions, suspensions, or discontinuance.
Certain parts of the Service may have additional terms and conditions (if any), either listed in this Agreement or presented to users when signing up or using such Service (referred to as "Additional Terms"). All Additional Terms are considered part of this Agreement, unless otherwise indicated.
PLEASE PAY ATTENTION TO THE SECTIONS: IX LIMITATION OF LIABILITY AND XIII CLASS ACTION WAIVER AS IT MIGH AFFECT YOUR DECISION TO USE THE SERVICES
All visitors or users of the Service, regardless of registration status, are deemed "users" for the purposes of this Agreement. Those who create an account become "Members".
No part of the Service is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF OR THE AGE OF MAJORITY IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By using the Service, you represent and warrant you are at least 18 years of age (or age of the majority in places where 18 years is not the age of majority). If you are under 18 years of age, then you are not permitted to use the Service. We do not knowingly process the personal data of people under 18 years old.
II. USE OF SERVICES
The use of Services is personal and cannot be transferred by you to any other person (as well as legal entity). You are only entitled to use the Application for lawful purposes. It is strictly forbidden to misrepresent your registration information and Account Information. YOU REPRESENT AND WARRANT THAT AT ALL TIME YOU WILL KEEP YOUR INFORMATION TRUE, ACCURATE AND UP-TO-DATE, AS WELL AS UPDATE IT IN CASE OF ANY CHANGES IN A TIMELY MANNER. If you don’t do this, the accuracy and effectiveness of the Services will be affected. You represent that you’re a legal owner of, and that you’re authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services. Echoline MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
III. PAID SERVICES
If you choose to acquire any functionality of the Service offered for a fee, referred to as the "Paid Service," such as a paid subscription or any other paid in-Service features, you hereby grant Echoline and our designated payment processors the authorization to retain your payment details and other associated information. By doing so, you are committing to pay the applicable fees for the Paid Service, including periodic fees for ongoing subscriptions ("Subscription Fees") as outlined on the Service, along with any applicable taxes (such as sales and use taxes, duties, or other governmental fees). You also agree to reimburse us for any collection costs and interest incurred for overdue amounts. It is important to note that all fees and charges are nonrefundable, and there will be no refunds or credits for partially used Paid Service, including partially used subscription periods, except as expressly stated in this Agreement, as required by applicable law, or at Echoline sole discretion. Detailed information regarding refund policies for specific types of Paid Services can be found in the relevant sections of this agreement. Payment for the Paid Service may be required in advance, in arrears, per usage, or as otherwise specified at the time of purchase.
Some Services may be offered on a subscription basis.
You grant Echoline the authority to charge you for the Paid Service through the selected payment method(s) at the time of purchase, herein referred to as the "Payment Method." You agree to fulfill payments using the specified Payment Method(s). Echoline may, periodically, receive and utilize updated payment method information provided by you or financial institutions/payment processors to ensure the accuracy of your Payment Method(s) details, such as updated expiration dates or account numbers.
SOME OF THE PAID SERVICES MAY BE OFFERED THROUGH THE SUBSCRIPTION. IF YOU PAY FOR A SUBSCRIPTION USING A CREDIT OR DEBIT CARD (OR ANOTHER PAYMENT METHOD IDENTIFIED ON OUR SERVICE INVOLVING AUTOMATIC RENEWAL), AND YOU DO NOT CANCEL BEFORE THE END OF THE SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL AUTOMATICALLY EXTEND FOR SUCCESSIVE RENEWAL PERIODS. The duration of these renewal periods will match the original subscription term. Unless otherwise communicated, renewal will occur at the initial subscription fee, plus applicable taxes, unless notified of a fee increase at least ten (10) days prior to the current term's end. You acknowledge and accept that your Payment Method will be automatically charged for subscription fees, plus any applicable taxes, upon each automatic renewal. You consent to and accept responsibility for all recurring charges without further authorization or notice, except as required by law.
Cancellation of Subscription: To change or cancel your subscription, follow the instructions on your profile settings page at any time. Upon cancellation, your subscription benefits continue until the end of the current term, but renewal will not occur. You are not entitled to a prorated refund for any portion of the subscription fees paid, except under our sole discretions or as required by applicable law.
V. CHANGES TO THIS AGREEMENT
THIS AGREEMENT AND ANY POLICY OR GUIDELINE OF THE SERVICE INCORPORATED BY REFRENCE HEREIN MAY BE MODIFIED BY [NAME] AT ITS SOLE DISCRETION AT ANY TIME. We will notify about any notification by posting the revised Agreement on the Application.
The date of the last update to this Agreement is indicated at the top of the page. For non-subscribing users or Members at the time of any modification, changes will be effective immediately upon posting to the Sites. In case if the changes done are unacceptable to User, the User has a right to terminate this Agreement by cessation of usage of the Application. The User shall have a fourteen (14) days period to give their notice to the Echoline that they wish to terminate the Agreement and cease using the Services. In case if the User to use the Service after such posting constitutes acceptance of the revised Agreement.
VI. CONSENT FOR USE OF DATA
You agree that Echoline may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Agreement. Echoline may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
VII. TERM AND TERMINATION
Unless otherwise provided, this Agreement is effective upon your first use of the Service and shall remain in effect until it is terminated in accordance with the terms of this Agreement. Notwithstanding anything to the contrary in this Agreement, Echoline may suspend, deactivate or terminate your account and your right to use the Service and may block or prevent your access to and use of the Service at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including without limitation blocking Users or Members from certain IP addresses). You may deactivate or terminate your account at any time, for any or no reason, by accessing the settings page of your account or by contacting us as described above. If you purchased a subscription you will need to cancel your subscription first. Any clause that by their nature (such as payment obligations, liability limitations, etc.) must survive the termination of the Agreement – shall survive and remain enforceable after the termination of the Agreement.
VIII. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Echoline HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Echoline OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
IX. Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY AS IT MIGH AFFECT YOU DECISION ABOUT USE OF THE SERVICES
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Echoline BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF Echoline HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Echoline’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
X. PROHIBITIONS AND LIMITATIONS
You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
XI. COMMERCIAL COMPUTER SOFTWARE
The Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
XIII. CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY AS IT MIGH AFFECT YOU DECISION ABOUT USE OF THE SERVICES
YOU UNCONDITIONALLY AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE ACTION AGAINST Echoline, EITHER IN A COURT OF LAW OR THROUGH ARBITRATION. FURTHERMORE, YOU AFFIRM THAT DISPUTES AGAINST Echoline CAN ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY ALLEGED CLASS OR REPRESENTATIVE PROCEEDING. Additionally, you acknowledge that arbitration claims cannot be consolidated or joined in the arbitration proceeding. The arbitrator is not authorized to preside over any form of representative or class proceeding or to grant relief that extends to any individual or entity other than yourself or Echoline individually. If any part of this Class Action Waiver is deemed invalid or unenforceable, the entire section (except for this sentence) becomes null and void regarding such proceeding, while retaining the right to appeal the limitation or nullification of the Class Action Waiver.
THE PARTIES CLEARLY UNDERSTAND AND ACCEPT THAT THEY HAVE REVIEWED AND GRASPED THE CONTENTS OF THIS SECTION THEY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHT TO A JURY TRIAL.
If only the "Class Action Waiver" paragraph above or the entire XIII is deemed unenforceable, then the entirety XIII becomes null and void. In such an instance, the parties agree that the applicable law, exclusive jurisdiction, and venue outlined herein: The laws of the State of Delaware, excluding its conflicts of law rules, govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
XIV. MANDATORY ARBITRATION
A party intending to seek arbitration must first send to the other, by an international courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”) using an international courier equipped with a tracking mechanism. In the event that no mailing address has been provided to Echoline by you, alternative methods, including email, may be utilized. The Notice directed to Echoline must be sent to 7 Florinis, Greg Tower, 2nd floor, 1065 Nicosia, Republic of Cyprus, Attn: Chief Executive Officer (the "Arbitration Notice Address"). The Notice must (i) outline the nature and grounds of the claim or dispute; and (ii) specify the relief sought (the "Demand"). If an agreement to resolve the claim is not reached within 30 days after receiving the Notice, either you or Echoline may initiate an arbitration proceeding, as outlined below, or file a claim in small claims court.
The American Arbitration Association ("AAA") will oversee the arbitration in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the "Rules"), as modified by the terms of this Agreement. The Rules and AAA forms are accessible online at http://www.adr.org. If your Demand equals or exceeds $1,000 or is filed in bad faith, you will be solely responsible for the filing fee.
Arbitration Proceedings will be conducted in English. An independent and impartial arbitrator, based in Dover, Delaware, will be appointed in accordance with the Rules, as modified herein. Both parties agree to adhere to the following rules, designed to streamline the dispute resolution process and alleviate costs and burdens: (i) the arbitration may be conducted online and/or based solely on written submissions, with the specific method chosen by the party initiating the arbitration; (ii) the arbitration will not necessitate any personal appearance by the parties or witnesses unless mutually agreed upon in writing by both parties; and (iii) any judgment on the arbitrator's award may be entered in any court of competent jurisdiction.
XV. GOVERNING LAW
Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum. However, if (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
If any provision or portion thereof is deemed illegal, void, invalid, or unenforceable, the said provision will be modified and construed to achieve its objectives to the maximum extent permissible under applicable law, and the remaining provisions will remain in full force and effect, unless otherwise specified herein.
This Agreement, along with the granted rights and licenses, cannot be transferred or assigned by you but may be assigned by Echoline without restrictions. Any attempted transfer or assignment in violation hereof will be deemed null and void.
The failure to enforce any provision will not waive our right to enforce it at any subsequent time, and a waiver of any breach or default of this Agreement or any provision will not be considered a waiver of any subsequent breach or default or of the provision itself.
The use of section headers in this Agreement is solely for convenience and will not impact the interpretation of specific provisions.
You expressly agree that no joint venture, partnership, employment, or agency relationship arises between you and Echoline due to this Agreement or the use of the Service.