TERMS AND CONDITIONS
Disclaimer
This “Terms and Conditions” document constitutes a binding agreement between Echko (the application) and you, the individual or entity seeking to access or utilize the services provided by Echko. By using the application, you acknowledge that you have read, understood, and agreed to be bound by these terms, which govern your use of the services, features, and any associated offerings provided by Echko. This agreement applies to all users, regardless of the nature or extent of their use of the application.
Jurisdiction and Liability
Please note that this agreement and the terms herein are exclusively applicable to users located within the geographical boundaries of India. Echko’s liability, obligations, and responsibilities are strictly limited to users residing in or accessing the application from India. Any use of the application from outside of India is not covered by this agreement, and Echko assumes no liability for such use.
Definitions.
To enable easy comprehension of this document, we have attached the necessary definitions -
“the Services”
This term encompasses any features, functions, tools, and benefits provided, facilitated, or enabled by the application, either directly or indirectly. It includes, but is not limited to, any interactive elements, user interfaces, content, data, support, or related resources, as well as any other functionalities or offerings that may be accessed, utilised, or experienced by users through the application, now or in the future. You can also refer to our “Product and services terms” to get a more in depth understanding of the features and services that we offer in our application.
I. Use of the services
A. ELIGIBILITY
The Echko app is intended for individual use, and accounts must be owned and operated by an individual who provides their information during account registration. You may use Echko only if you are at least 13 years old and only in compliance with this Agreement and all relevant laws, rules, and regulations.
Users under the age of 13 are strictly prohibited from creating an account on Echko. Since the app is designed for users aged 13 and above, parental or guardian consent is not required for account creation or use. By using Echko, you confirm that you meet the minimum age requirement and are fully responsible for complying with this Agreement and all applicable laws.
Echko is not available to any users who have been previously removed from the service by us. If we discover that a user has misrepresented their age or eligibility, we reserve the right to terminate the account immediately.
B. Right to Access and Use the Services
We provide you with a non-exclusive, limited, non-transferable, and freely revocable right to access and use the Services we provide on any device/devices that you own or control for personal, non-commercial purposes, as allowed by the Service's features. Echko retains all rights not explicitly granted in this Agreement regarding the Services and the Company Content (as defined below). Echko may revoke your right to use our services at any time if you fail to comply materially or repeatedly with any terms in this Agreement or instructions from our customer support representatives, or for any reason beyond our control, or if we discontinue the Service.
C. Prohibited Uses
If you agree to the contents of this document and use our services, you agree not to engage in any of the following prohibited activities:
copying, distributing, transmitting, disassembling, decompiling, publicly displaying, republishing, licensing, selling or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping” or by creating any derivative works of the Services;
determining or attempting to determine any source code, algorithms, methods, or techniques embodied by the Services or any derivative works thereof, or incorporating the Services or any portion thereof into any other program or product;
taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure or using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Echko servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser or mobile application;
transmitting spam, chain letters, or other unsolicited email and in-app messages;
uploading invalid data, viruses, worms, or other software agents through the Services;
collecting or harvesting any personally identifiable information, including account names, from the Services;
using the Services for any commercial purposes;
impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
interfering with, or attempting to interfere with, the proper working of the Services or attempting to compromise the system integrity or security or to decipher any transmissions to or from the servers running the Services;
accessing any content on the Services through any technology or means other than those provided or authorised by Echko;
Bypassing, manipulating, destroying, or tampering with the measures we may use to prevent or restrict access to or use of the Services or the content therein, including, but not limited to, attempting to bypass any age gating or parental consent mechanisms or providing false or inaccurate information regarding your age or region and state (as applicable) of residence;
encouraging any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or our Members or expose Echko or our Members to liability; and
violating, or promoting the violation of, this Agreement or any applicable law or regulation, including, without limitation, any laws regarding human trafficking, stalking, credit card fraud, the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property or legal rights (including the rights of publicity and privacy of others).
D. Accounts
In order to use our Product and Services, you must have an account with us. Accounts that you are able to establish with Echko may give you access to the functionality of the Products and Services that we may modify from time to time in our sole discretion. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, symbols, unidentifiable and cryptic patterns) with your account. You must notify us immediately of any breach of security or unauthorised use of your account. Unless directly caused by Echko's negligence or breach of this Agreement, Echko will not be liable for any damages or losses caused by any unauthorised use of your account.
E. Downloading Our App
When you download our App from the Apple App Store, Google Play or other app store or app distribution platform (an "App Store"), you acknowledge and agree that:
(i) these Terms are concluded between us, and not with the App Store, and that we (not the App Store), are solely responsible for our App;
(ii) the App Store has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims;
(iii) the App Store is not responsible for addressing any claims you have relating to our App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement; and
(iv) the App Store is a third-party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your licence of our App through their App Store). You must also comply with the App Store's terms of service when using our App.
F. Beta Services
Echko may occasionally provide Beta Services to you. These Beta Services include Services or specific features that are available before their official commercial release and are labelled as alpha, beta, experimental, pilot, early access, non-production, or for evaluation. By accepting, downloading, or using any Beta Services, you agree and understand that these services are provided "As Is" or "As Available." Beta Services may have bugs, errors, and other issues. UNDER NO CIRCUMSTANCES WILL Echko OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING FROM OR RELATED TO THE USE OF BETA SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEEDING ONE HUNDRED DOLLARS ($100 USD). Echko is not obligated to provide maintenance, technical, or other support for Beta Services and may discontinue them at any time at its sole discretion.
II. Services and our ability to terminate
We may, without prior notice, modify the Services; discontinue the Services or any features of the Services, either to you or to all Members; or set usage limits for the Services to enhance performance or security, comply with legal requirements, prevent illegal activities or abuse of our Services, or if we can no longer provide certain elements of the Services (for instance, if a Third Party Service Provider ceases to offer them). If you are dissatisfied with any of these changes, you can terminate your relationship with us at any time by closing your account (see Section X: Cancel Your Subscription or Close Your Account).
We may permanently or temporarily terminate or suspend your access to the Services without notice and liability if in our reasonable opinion (i) you materially or repeatedly violate any provision of this Agreement, (ii) if your account has been inactive for twelve (12) months or more, or (iii) for any reason outside our control or if we stop providing the Services. In most cases, we will provide you with prior notice before we suspend or terminate your access to the Services unless we reasonably believe that to do so would cause Echko or another person legal liability, would compromise an investigation or the operation of any Echko products, services, or systems, would cause harm to our Members or would otherwise be in breach of the law or the direction of a legal enforcement authority.
III. Member Content
Echko allows Members to upload or post only a very limited range of content necessary for the operation of the Services. This includes posting a profile picture, profile information, pre-defined emergency messages, creating circles, and other strictly limited interactions essential for using the app's features (collectively referred to as "Member Content"). There is no other way for users to post or share content within the app. Member Content does not include information collected from or about your phone or device.
We claim no ownership rights over the Member Content you create and submit. The Member Content you share through the Services remains yours; however, by posting or sharing Member Content within Echko, you grant us a licence as described in the Member Content License Grant below. Echko reserves the right, but is not obligated, to remove any Member Content that violates our Terms of Service or that we deem inappropriate for the platform.
You are solely responsible for the accuracy and legality of the Member Content you upload or post. You agree not to post any content that:
Creates a risk of harm, damage, or loss to any person or property;
Seeks to harm or exploit others by exposing them to inappropriate content or requesting personally identifiable details;
Violates any applicable laws or rights, including intellectual property rights and privacy rights;
Contains information that is unlawful, harmful, abusive, defamatory, or otherwise objectionable;
Misrepresents your identity or affiliation with any person or entity.
Echko reserves the right to investigate and take appropriate action, including removing Member Content, suspending or terminating your account, and reporting violations to legal authorities if you breach these terms. We may access and disclose any information or content we deem necessary to protect our systems, service providers, partners, and other Members, or to comply with legal obligations.
IV. Member Content License Grant
By posting any Member Content on the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Echko a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and create derivative works of all such Member Content, including your name, profile picture, and any predefined emergency messages, in whole or in part, for use in connection with operating, developing, marketing, providing, and improving the Services.
V. TERMS SPECIFIC TO MOBILE SOFTWARE
A. Mobile Software
As part of the Products and Services, we make available software and/or applications designed for mobile devices (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Echko does not warrant that the Mobile Software will be compatible with your mobile device. For each of the services of Echko that you may use, Echko hereby grants you a non-exclusive, non-transferable, revocable right to use a compiled code copy of the Mobile Software for one account owned solely by you, for your personal use. Without limiting the general prohibitions on your actions found in the “Prohibited Uses” above, which also apply to the Mobile Software, you may not:
modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law;
rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;
make any copies of the Mobile Software;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or
delete the copyright and other proprietary rights notices on the Mobile Software.
You acknowledge that Echko may from time to time issue upgraded versions of the Mobile Software, and (where permitted) may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party licence EULAs, if any, authorising use of such code. The foregoing right to use is not a sale of the Mobile Software or any copy thereof, and Echko or our third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Echko reserves all rights not expressly granted under this Agreement.
B. Mobile Software from Apple App Store
The following applies to any Mobile Software you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Company, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the then-current App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Company as provider of the software.
You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your licence of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
C. Mobile Software from Google Play Store
The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Company, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Company’s Google-Sourced Software.
VI. OUR COMMUNICATIONS WITH YOU
A. Email Communications
By providing Echko your email address you consent to our use of your email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Products or Services and, where permitted, special offers. If you do not want to receive promotional email messages, you may opt out by unsubscribing from such email communications from Echko. Members whose residency is in jurisdictions requiring opt-in consent for such communications will be provided with an opportunity to provide such opt-in consent prior to receiving any non-Product or Service related messaging.
B. SMS/Text Messaging
We may offer you the option to receive recurring SMS/text messages, such as messages from members of your family or friendship group who you invite to an Echko Circle (your “Circle”), or alerts related to a monitoring feature of the Service (the “Text Messaging Program”). We may also send SMS/text messages in certain situations, including when a member sends an emergency SOS message to selected emergency contacts. In this case, the message would be sent to the contact of a person directly added by the member, even if the recipient is not a part of the application. Users will be liable for any objections filed by recipients of such emergency messages who are not part of the application, as the scope of this feature extends to individuals outside the application.
Additionally, the SMS/Messaging feature is utilised when a Circle is created, deleted, a member has joined, a member is removed, or a member exits. By consenting to the Text Messaging Program, you agree to receive SMS/text messages to the mobile phone number you provided to us. You certify that the mobile number you provided is true and accurate and that you are authorised to enrol the designated mobile number to receive such text messages.
You acknowledge and agree that the text messages may be sent using an automatic telephone dialling system, that standard message and data rates apply, and the frequency of messages may vary. The Text Messaging Program may not be available on all carriers or compatible with all mobile phone models, and carriers are not liable for any delayed or undelivered messages. Additionally, the availability of the Text Messaging Program may be impacted or restricted by local laws, regulations, or rules where you reside.
VII. OUR PROPRIETARY RIGHTS
Except for your Member Content, the Products and Services and all materials, services, and information therein or transferred thereby, including, without limitation, information, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, content, reports, features, functionality, design, presentation, analyses and data that is otherwise generated, collected or transmitted through the Services or Mobile Software, and the “look and feel” of the Services (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Echko and our licensors (including other Members who post Member Content to the Services). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a licence in or under any such Intellectual Property Rights, and you agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to, or we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Echko under any obligation, and that we are free to use the Idea for any purpose without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Echko does not waive any rights to use similar or related ideas previously known to Echko, or developed by our employees, or obtained from sources other than you. Echko has no obligation to review, consider or implement any Idea. You agree, represent, and warrant that any Idea that you submit does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy.
VIII. FEATURES OF THE PRODUCTS AND SERVICES
The Services include a number of features which may or may not be available to you depending on where you are located, which Services, devices or features you elect and, where required, pay or subscribe to use. Some of the Service features require Mobile Software to be installed on the devices that the features apply to. Not all Service features may be available in your region. Please see the Product and services for more information regarding the features of the Products and Services and their limitations.
Echko Services are NOT A REPLACEMENT FOR EMERGENCY SERVICES (100/108 IN INDIA etc. In the event of a critical emergency, always dial 100/108 in India or the emergency services number for the area in which you are currently located) immediately.
IX. BILLING, PRICING AND PAYMENT TERMS
This section contains additional policies and information about Echko’s billing policies, and pricing and payment terms.
A. Billing Policies
If you elect to use Subscription Features, you agree to the pricing and payment terms displayed at the time you elect to subscribe. Echko may add new features for additional fees and charges, or amend fees and charges for existing services, at any time in our sole discretion. Any change to our pricing or payment terms shall only apply to you and become effective in the billing cycle following at least 30 days' notice of such change to you.
Echko is not responsible for all the mobile data usage resulting from the use of the Services. Consult your provider with questions related to billing, as data rate charges and limits may apply.
B. Pricing and Payment Terms
1. Subscription Fees; Auto-Renewal
Please note that all services provided by Echko are currently free of charge. Echko reserves the right to introduce a subscription-based model in the future. Until such a model is implemented, the content and terms mentioned in this Subscription Clause will not be applicable. Any changes regarding the introduction of a subscription model, including applicable fees and terms, will be communicated to users in advance, and users will have the opportunity to review and accept the new terms before any charges are applied. Starting from the day a subscription model is introduced, the following terms would be followed -
All subscription fees plus any applicable taxes and other charges (the “Subscription Fee”) are payable in advance, at the beginning of your subscription term, and at the start of each billing period thereafter, at the then-current Subscription Fee.
You may have the option to pay your Subscription Fee on a monthly basis (a “Monthly Subscription”), or on an annual basis (an “Annual Subscription”). Your subscription with us will automatically renew until you cancel it. If you have a Monthly Subscription, we (or our third-party payment processor) will automatically charge you each month on the anniversary of the commencement of your Monthly Subscription, using the payment information you have provided until you cancel your Monthly Subscription. If you have an Annual Subscription, we (or our third-party payment processor) will automatically charge you annually on the anniversary of the commencement of your Annual Subscription, using the payment information you have provided until you cancel your Annual Subscription. If you have an Annual Subscription, we will send you a reminder at least thirty (30) days prior to each renewal with the then-current Subscription Fee. We may send additional reminders for other subscriptions as required. We reserve the right to change our Subscription Fees for Monthly and Annual Subscriptions. We will provide you advance notice of any increase in the Subscription Fees applicable to your subscription.
If you change or upgrade your subscription, your billing date may also change. If you change from a Monthly Subscription to an Annual Subscription, on your next billing date, you will be charged the then-current Subscription Fee for an Annual Membership, and your Annual Subscription will renew on an annual basis. If the option to change from an Annual Subscription to a Monthly Subscription is available, and you change to a Monthly Subscription, at the next renewal date for your Annual Subscription, you will be charged the then-current Subscription Fee for a Monthly Membership, and your Monthly Subscription will renew on a Monthly basis.
If you purchase a Echko subscription, then you are able to apply the features associated with that subscription to one Circle on your Echko account and those features will be available for all of the Circle members in the Circle that you apply the subscription to, up to a maximum of six members per Circle (some limitations may apply, please see the Product and Service Terms for more information). Only one Circle member needs to purchase and apply their subscription to a Circle. Echko is not responsible if members purchase multiple subscriptions and apply them to the same Circle.
2. Free Trial Period
After initial registration of a paid membership subscription, you may be given an initial free trial period (“Free Trial Period”). Certain features may not be available during the Free Trial Period, at Echko’s sole discretion (for example, Towing is not available during a Free Trial Period for Echko paid subscriptions). You may cancel your account at any time during the Free Trial Period to avoid any additional charges. If you want to change your account type, you may do so at any time (either before or after the Free Trial Period ends). You are limited to one trial per person (credit card or other unique payment or identification method) during any twelve (12)-month period. If you do not cancel your account during the Free Trial Period, then at the end of the Free Trial Period you will be automatically charged for the price of the account type you selected during registration and you will continue to be charged unless and until you cancel your subscription. You may cancel a subscription at any time, within the app as described in clause X:
Note that if you purchased a subscription through the Apple App Store or Google Play Store, then you also need to ensure you cancel your recurring payments within those app stores.
By accepting a Free Trial Period, you agree that, at the end of the Free Trial Period, you will be charged the then-current Subscription Fee for a Monthly or Annual Subscription, as specified in the offer for the Free Trial Period, and at the start of each subsequent billing period. You authorise us to charge you using the Payment Information you provided when you accepted the offer for the Free Trial Period. We may validate your Payment Information and the payment method you provided by requesting a temporary authorization to the financial institution that issued your payment method. If we determine that your Payment Information or payment method is invalid, we may revoke your subscription and terminate your Free Trial Period.
3. Payment Methods
Echko accepts payments through credit cards, debit cards, and UPI. If Echko is unable to charge the payment method you have provided (e.g., expired card), Echko will send you a notice to update your payment information. You will have a seven (7)-day grace period to update your billing information. If the account is not updated within the seven (7)-day grace period, Echko may terminate your subscription.
By purchasing Products or a subscription (each, a “Transaction”), you expressly authorise us (or our third-party payment processor) to charge you for such Transaction. We may ask you to provide additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment methods represented by Payment Information that you provide to us. You acknowledge and agree that we have no liability with respect to any act or omission by your payment provider. When you initiate a Transaction, you authorise us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
Echko is not responsible for any charges or expenses you incur resulting from charges billed by Echko in accordance with this Agreement (for example, overdrawn accounts or exceeding credit card limits). By providing a credit card number or other payment method with advance authorization features (e.g., UPI), you authorise Echko to continue charging the payment method for all charges due to Echko, including taxes, until your account is settled and your subscription is terminated by either you or Echko. Echko reserves the right to limit the number of accounts that may be charged to a credit card or other payment or identification method per unique user.
4. Pricing Changes
Prices for subscriptions may change from time to time to reflect inflation or changing business requirements. If they do, and you currently have a subscription, Echko will provide you with advance notice of the change via email (or if you have not provided a valid email address, through the Services or in another available manner) before the price change is to take effect. If you do not want to continue at the new price, you can cancel the relevant subscription before the price increase takes effect by following the instructions in Section X (Cancel Your Subscription or Close Your Account), below.
C. Refunds
1. No Refunds for Echko Services/Subscriptions
You may cancel your account at any time in accordance with Section X (Cancel Your Subscription or Close Your Account); however, except as set out in Section X(B) below (Cancel Your Subscription During the Cooling-Off Period) or where prohibited by applicable law, there are no refunds for any unused time on a subscription, any licence or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Upon cancelling any features, your subscription will be valid and you will retain access to the features until the start of your then-current paid period is completed. For example, if you purchase an annual subscription and cancel it two months into the year, you will not receive a refund for the remaining portion of the year, but will instead enjoy the features for the remaining ten months that you have already paid for.
D. Payment Information; Taxes
All information that you provide in connection with a purchase or Transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or Transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, Transactions or other monetary transaction interactions.
X. CANCEL YOUR SUBSCRIPTION OR CLOSE YOUR ACCOUNT
A. Cancel Your Subscription or Close Your Account
You may cancel your Subscription or close your account at any time.
To delete your Echko account, please follow these steps:
Navigate to the Settings menu within the Echko app.
Select the Delete Account option.
Confirm your decision by pressing Confirm.
Once you confirm, a request will be sent to our team for processing. Your request will be processed within 16-24 hours, after which all data associated with your account will be permanently deleted.
At Echko, your data security and privacy are our top priorities. The 16-24 hour processing window is essential to ensure that your request is legitimate, and to verify that it has been made by the rightful account owner. This period allows us to thoroughly verify the deletion request, protect your account from accidental or unauthorised deletion, and prevent any potential misuse. By taking these precautionary steps, we uphold the highest standards of security and ensure that your data is handled with the utmost care and responsibility.
Data Deletion Assurance:
Once your deletion request is processed, all data associated with your account will be permanently erased from our servers. We do not retain, archive, or store this data elsewhere. The deletion process is final, ensuring that your information is removed for good without leaving any traces in our system. This means that once your data is deleted, it cannot be recovered or accessed in any form, guaranteeing that your privacy is fully protected.
You may cancel your Subscription or close your account at any time.
Note that if you purchased a subscription through the Apple App Store or Google Play Store, then you also need to ensure you cancel your recurring payments within those app stores to avoid future charges.
To cancel your Subscription or close your account, contact Echko’s help centre, or contact us via email echkohelpline@gmail.com. If you send an email, include your name, the email address you registered with, and a phone number where you can be reached. In general, it may take up to five (5) business days to process a cancellation request so we would recommend notifying us at least one week before the end of the current billing period. Your cancellation will take effect at the end of that billing period.
B. Additional Information about Cancelling Your Account
Monthly Plan: Customers who signed up for a month-to-month (no-contract) plan may cancel service at any time. Cancellation requests will be the following billing cycle. Previously paid billing cycles are non-refundable.
Annual Plan: Customers on the annual contract plan may cancel their subscription after contract completion. Once the initial contract is completed, the account transitions to a month-to-month (no-contract) plan. If a customer cancels before fulfilling the 12-month contract, an early termination fee of 25% of the remaining contract cost will be incurred.
Subscription Cancellation: Upon cancellation of your subscription to the Service, your access to the Service will be terminated.
XI. NO PROFESSIONAL ADVICE
If the Services provides professional information (for example, medical or legal advice from Echko’s Third Party Service Providers), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
XII. PRIVACY
We care about the privacy of our Members. Please see our Privacy for information about how we collect, use and disclose information about you, including device data, location, sensory and motion data. You consent to the collections, uses and disclosures of your personal information for the purposes described in our Privacy Policy.
XIII. SECURITY
Echko is committed to ensuring the security and protection of your personal information. All security measures implemented by Echko are in full compliance with the relevant Indian laws and statutes, including but not limited to:
The Information Technology Act, 2000, and its amendments
The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011
The Indian Penal Code, 1860, as applicable to cybercrimes
The Payment and Settlement Systems Act, 2007, as applicable to electronic payments and data security
Any additional regulations, guidelines, or directives issued by the Reserve Bank of India (RBI) concerning data protection and security in financial transactions
Echko adheres to these laws and guidelines to ensure the confidentiality, integrity, and security of your personal and sensitive personal data. We employ industry-standard encryption, access controls, and regular security audits to protect against unauthorised access, disclosure, alteration, or destruction of your information.
Echko cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
XIV. THIRD-PARTY LINKS
The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Echko. If you use any such links, you will leave the Service. Echko does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Echko’s Privacy Policy do not apply to your use of such sites. You expressly relieve Echko from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Echko shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
XV. INDEMNITY
This section does not apply to consumers living and using the app in a jurisdiction where this indemnity is not allowable under applicable law. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Echko and our subsidiaries, agents/mandataries, licensors, managers, and other affiliated companies, and their employees, contractors, agents/mandataries, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your Member Content, or any Member Content or other information that is submitted via your account, including any Ideas; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
XVI. NO WARRANTY
If the law of the jurisdiction in which you live does not allow for the disclaimer of certain warranties provided in this Section, those disclaimers shall not apply to you to the extent prohibited.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, ACCURACY, TIMELINESS, QUALITY, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Echko OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, Echko, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT: (I) THE SERVICES OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICES (FOR EXAMPLE, DATA, INFORMATION, LOCATION, CRASH DETECTION OR REPORTING, EMERGENCY ASSISTANCE) WILL BE ACCURATE, RELIABLE, ERROR-FREE OR CORRECT; (II) THE SERVICES OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, TIMELY, UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
Echko DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND Echko WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
XVII. LIMITATION OF LIABILITY
If the law of the region where you live does not allow for the disclaimer of certain warranties provided in this Section, those disclaimers shall not apply to you to the extent prohibited.
THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Echko HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
NOTHING IN THIS AGREEMENT SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT Echko'S LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY Echko'S GROSS NEGLIGENCE; (2) FRAUD; (3) FRAUDULENT MISREPRESENTATION; OR (4) ANY OTHER LIABILITY WHICH CANNOT BE VALIDLY EXCLUDED OR LIMITED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Echko, OUR AFFILIATES, AGENTS/MANDATARIES, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU FOR ANY LOSSES THAT WERE NOT CAUSED BY Echko'S BREACH OF THIS AGREEMENT OR ANY LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT THAT WAS NOT, AT THE TIME THAT YOU ENTERED INTO THIS AGREEMENT, A REASONABLY FORESEEABLE CONSEQUENCE OF Echko'S BREACH OF THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Echko, OUR AFFILIATES, AGENTS/MANDATARIES, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE PRODUCTS OR SERVICES. UNDER NO CIRCUMSTANCES WILL Echko BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORISED ACCESS OR USE OF THE PRODUCTS OR SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Echko ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES FROM THE PRODUCTS OR SERVICES OR RESULTS THAT ARE OBTAINED FROM USE OF THE PRODUCTS OR SERVICES (FOR EXAMPLE, DATA, INFORMATION, LOCATION, CRASH DETECTION OR REPORTING, EMERGENCY ASSISTANCE); (II) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR PRODUCTS OR SERVICES (EXCEPT TO THE EXTENT CAUSED BY OUR GROSS NEGLIGENCE); (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCTS OR SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR PRODUCTS OR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PRODUCTS OR SERVICES; (VII) MEMBER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) ANY ACTION OR INACTION OF THIRD PARTIES. IN NO EVENT SHALL Echko, OUR AFFILIATES, AGENTS/MANDATARIES, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY MEMBER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO Echko HEREUNDER IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
All legal actions arising with respect to the Services shall, unless prohibited by applicable law, be barred unless written notice thereof is received by Echko within one year from the date of the event giving rise to such legal action.
The Services are controlled and operated from facilities in India and are not available for use in any other countries as explicitly identified in this Agreement or the Product and Service Terms. Echko makes no representations that the Products or Services are appropriate or available for use in other locations. Those who access or use the Products or Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations.
XVIII. DISPUTE RESOLUTION, ARBITRATION; GOVERNING LAW, VENUE AND JURISDICTION; CLASS ACTION WAIVER
READ THIS SECTION CAREFULLY BECAUSE, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES.
A. Dispute Resolution; Arbitration
The term “Disputes,” as used in this section, is intended to be interpreted broadly and includes any claim, dispute, or controversy between us that arises out of or relates to this Agreement
You must send written notice of any dispute you have with Echko to us at least sixty (60) days before filing a demand for arbitration pursuant to the following paragraphs. Your notice of dispute should be sent to us at the following address: echkohelpline@gmail.com to give us the opportunity to resolve your dispute informally. You agree to try to negotiate a resolution of your dispute in good faith for the duration of the 60-day period. If we are unable to resolve your dispute, then you may file a demand for arbitration pursuant to the paragraphs that follow.
In the unlikely event that we have not been able to resolve your dispute after sixty (60) days, except where prohibited by applicable law, we each agree to resolve all Disputes (except the small claims and equitable claims excluded above) by binding arbitration brought before the arbitration body indicated below. The arbitration will be conducted in the location indicated below, unless you and Company agree otherwise. Each party will be responsible for paying any arbitration filing, administrative and arbitrator fees in accordance with the applicable rules. The award rendered by the arbitrator shall include costs of arbitration and reasonable costs for expert and other witnesses, and any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In addition, attorneys’ fees are awardable only as permitted by applicable law.
B. Governing Law, Jurisdiction, Venue and Arbitrators
FIRST COURSE OF ACTION: Arbitration Clause: Any disputes arising from or related to these Terms will be resolved through arbitration in Pune, India, under the Arbitration and Conciliation Act, 1996. The language of the arbitration will be English. The arbitration process will be conducted by a single arbitrator appointed in accordance with the Arbitration and Conciliation Act, 1996.
If the laws of the jurisdiction in which the user is based, deny or preclude the possibility of following the arbitration method as described in the “FIRST COURSE OF ACTION”, then the applicable laws of the user's jurisdiction will be considered for resolving the dispute.
C. Class Action Waiver
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
XIX. INFORMATION AND COMPLAINTS
If you have a question or complaint regarding the Products or Services, please send an email to echkohelpline@gmail.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with Echko.
XX. GENERAL
A. Assignment
This Agreement, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by Echko without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Notification Procedures and Changes to the Agreement
Echko may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website or mobile application, as determined by Echko in our sole discretion or as may be required by applicable law. In order for us to send you notifications by email, you must ensure that you have an updated email address entered into your account. You can add an email address to your Echko account, or update the email address you have on your account, by accessing Settings – Account – Edit Email Address within the Echko App. Echko reserves the right to determine the form and means of providing notifications to our Members, provided that you may opt out of certain means of notification as described in this Agreement. Echko is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Echko may modify or update this Agreement from time to time to reflect changes to our Services or how we do business; for legal, regulatory or security reasons, or to prevent abuse or harm. Your continued use of the Services after any such change constitutes your acceptance of the Agreement. If you do not agree to any of these terms or any future Agreement, do not use or access (or continue to access) the Services. You can also end your relationship with us at any time if you do not agree to any of these changes by closing your account (see section X "Cancel Your Subscription or Close Your Account").
C. Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with Echko in connection with the Services (including all supplemental terms referenced herein), shall constitute the entire agreement between you and Echko concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
D. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Echko’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
E. Third Party Trademarks
Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play, the Google Play logo, and Android are trademarks of Google Inc. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by us is under licence. All other trademarks and trade names are properties of their respective owners.
F. Contact Information
Please contact us echkohelpline@gmail.com with any questions regarding this Agreement.
Echko maintain an office address at:
Alpha Imperio, opposite RTO Office, Wellesley Road, Pune - 411001
G. Language
You and Echko have each expressly requested and required this Agreement and all documents that relate hereto be drawn up in the English language, and that the English language version of this Agreement shall prevail in the case of any discrepancies between it and a version in any other language.