TERMS OF SERVICE

1. OUR SERVICES

SalesEcho provides an AI-powered sales assistant platform that helps sales professionals before, during, and after their sales calls. Our Services include real-time transcription, AI-generated insights, meeting preparation tools, prospect research, practice scenarios, and post-call analysis. The information provided through our Services is intended for general informational purposes and should not be construed as professional advice.

2. INTELLECTUAL PROPERTY RIGHTS

The Services, including all content, features, and functionality (including but not limited to software, text, displays, images, video, audio, and the design, selection, and arrangement thereof), are owned by SalesEcho, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these Legal Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.

You may not: (a) copy, modify, or distribute the Services; (b) reverse engineer or attempt to extract the source code; (c) remove any copyright or proprietary notices; (d) transfer, sublicense, or resell the Services to any third party.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (a) you have the legal capacity and agree to comply with these Legal Terms; (b) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission; (c) you will not use the Services for any illegal or unauthorized purpose; (d) your use of the Services will not violate any applicable law or regulation; (e) you have the right to record any conversations you submit to the Services and have obtained any necessary consents from other participants.

4. RECORDING & CONSENT

You are solely responsible for ensuring that your use of the Services, including the recording and transcription of conversations, complies with all applicable laws, including but not limited to wiretapping, eavesdropping, and consent laws in your jurisdiction. Many jurisdictions require all-party consent for recording conversations. By using our recording features, you represent and warrant that you have obtained all necessary consents from all participants in any recorded conversation. SalesEcho is not responsible for your failure to comply with applicable recording laws.

5. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. As a user of the Services, you agree not to:

• Systematically retrieve data or content from the Services to create a collection, compilation, database, or directory
• Use the Services to harass, abuse, or harm another person
• Use the Services in any manner that could disable, overburden, or impair the Services
• Use any automated system, including robots, spiders, or scrapers, to access the Services
• Attempt to bypass any measures designed to prevent or restrict access to the Services
• Use the Services to compete with us or for any revenue-generating endeavor
• Sell or transfer your profile or account
• Upload or transmit viruses, malware, or other malicious code
• Use the Services to record conversations without proper consent from all parties

6. USER CONTENT & DATA

You retain ownership of any content, data, or materials you upload, submit, or create through the Services ("User Content"), including audio recordings, transcripts, company materials, and sales context you provide.

By submitting User Content to the Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content solely for the purpose of operating and improving the Services.

You acknowledge and agree that we may use anonymized and aggregated data derived from your use of the Services to improve our AI models and service quality. If you prefer that your data not be used for these purposes, you may opt out by emailing ben@sales-echo.com with the subject line "AI Training Opt-Out."

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate any third party's rights.

7. THIRD-PARTY SERVICES

The Services may integrate with or contain links to third-party websites, applications, or services ("Third-Party Services"). We are not responsible for the content, privacy policies, or practices of any Third-Party Services. You acknowledge and agree that we are not liable for any damage or loss caused by your use of or reliance on any Third-Party Services. Third-Party Services we integrate with include but are not limited to: Supabase, Deepgram, Groq, Stripe, and Google.

8. SUBSCRIPTIONS & PAYMENTS

Some features of the Services require a paid subscription. By subscribing, you agree to pay all fees associated with your selected plan. Subscriptions automatically renew unless canceled before the renewal date.

We reserve the right to change our subscription pricing at any time. Price changes will take effect at the start of your next billing cycle following notice of the change.

NO REFUNDS. All subscription fees, charges, and payments are final and non-refundable. We offer a $1 trial period specifically so you can evaluate SalesEcho before committing. By subscribing after your trial, you acknowledge that you have tested the service and accept that no refunds will be issued under any circumstances. This no-refund policy applies to all plans, including monthly and annual subscriptions, regardless of usage or satisfaction.

We may offer free trials of our paid Services. At the end of the trial period, you will be charged unless you cancel before the trial ends.

9. CANCELLATION & TERMINATION

You may cancel your subscription at any time through your Account settings at sales-echo.com/account. Your subscription will remain active until the end of your current billing period.

We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Legal Terms.

Upon termination, your right to use the Services will immediately cease. You may request deletion of your data in accordance with our Privacy Policy.

10. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY AI-GENERATED CONTENT OR INSIGHTS.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SALESECHO, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless SalesEcho and its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Legal Terms; (b) your User Content; (c) your violation of any third party's rights, including recording consent laws; (d) your use of the Services.

13. DISPUTE RESOLUTION & ARBITRATION

Before initiating arbitration, you agree to first contact us at ben@sales-echo.com to attempt to resolve any dispute informally. If we cannot resolve a dispute within thirty (30) days, either party may initiate binding arbitration.

Any dispute, controversy, or claim arising out of or relating to these Legal Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in New York, New York, unless otherwise agreed by the parties.

YOU AND SALESECHO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

14. GOVERNING LAW

These Legal Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

15. MODIFICATIONS TO SERVICES

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

16. MISCELLANEOUS

Severability: If any provision of these Legal Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Waiver: Our failure to enforce any right or provision of these Legal Terms will not be considered a waiver of such right or provision.

Entire Agreement: These Legal Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and SalesEcho regarding the Services.

Assignment: You may not assign or transfer these Legal Terms without our prior written consent. We may assign our rights and obligations under these Legal Terms without restriction.

17. CONTACT US

If you have questions about these Legal Terms, please contact us at ben@sales-echo.com.