Terms of Use

PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY ECHO APPS, for this End-User License Agreement governs your use of the Echo Apps and how we provide the Echo Apps.

1. AGREEMENT

This End-User License Agreement (including the Supplemental Terms, as applicable) ("EULA") which governs your use of the Echo Apps is a legal agreement between you and Echo Limited. The terms and conditions of this EULA also apply to any Echo App updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not install or use any Echo App. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open up the Echo App shall constitute reasonable means. Your continued use of the Echo Apps after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Echo Apps. If you have any questions or concerns regarding the terms or conditions herein, please email us at dev@echodatas.com. Do not use the Echo Apps until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA.
Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.
Use of the Echo Apps is subject to our Privacy Policy, which is hereby incorporated into this EULA by reference. This EULA also includes any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download the Echo Apps. The Echo Apps may be available through marketplaces that distribute mobile applications and that may have additional terms, conditions and usage rules that govern your use of the Echo Apps if you download or install the Echo Apps through such marketplaces.

2. GRANT OF LICENSE

Subject to your compliance with the terms and conditions of this EULA, Echo grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Echo Apps on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

3.1. Restricted Use You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Echo Apps or use the Echo Apps for the benefit of any third party. Unless expressly authorized by Echo or permitted under the applicable mobile platform terms, you are prohibited from making the Echo Apps available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Echo Apps, except to remove our Echo Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Echo Apps, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any Echo Apps in any way. You do not have the right to and may not create derivative works of any Echo Apps or any portions thereof. All modifications or enhancements to the Echo Apps remain the sole property of Echo.
3.2. Echo Apps Updates We reserve the right to add or remove features or functions to existing Echo Apps. When installed on your mobile device, the Echo Apps periodically communicate with our servers. We may require the updating of the Echo Apps on your mobile device when we release a new version of the Echo Apps, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the Echo Apps. You acknowledge and agree that any obligation we may have to support previous versions of the Echo Apps may be ended upon the availability of updates, supplements or subsequent versions of the Echo Apps. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the Echo Apps.
3.3. Access. You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the Echo Apps. If you access an Echo App through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the Echo Apps from your device. Downloading, installing or using certain Echo Apps may be prohibited or restricted by your network provider and not all Echo Apps may work with your network provider or device. Echo makes no representation that the Echo Apps can be accessed on all devices or wireless service plans. Echo makes no representation that the Echo Apps are available in all languages or that the Echo Apps are appropriate or available for use in any particular location.
3.4. Purchases & Cancellation Rights.
(A). Subscriptions.
You may purchase certain Echo Apps an Echo App on a subscription basis. Some Echo Apps may offer different subscription levels (usually free or premium). Payment for a subscription (which may be for example monthly, tri-monthly or yearly) may be processed in App through a third party mobile platform owner (e.g. Apple or Google) or directly through Echo and its third party payment processor through an Echo App website.
You may be offered a free trial of a subscription to an Echo App for a limited period of time. You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes or Android account, or if you went through an Echo App website, by logging in on the applicable website to manage your subscriptions. Please note: your free-trial subscription will automatically renew as a paid subscription unless you cancel at least 24 hours before the end of the free-trial subscription period or, if you purchased through Google, before the end of the trial period.
If you subscribed for an Echo App through a third party mobile platform owner (either through the third party platform or in-app), you may cancel your subscription at any time by following the Apple App Store or Google Play Store instructions or via the subscription settings in your iTunes or Android account.
If you subscribed for an Echo App directly through an Echo App website, you may cancel your subscription at any time by logging in to manage your subscriptions on the applicable website.
All cancellations will take effect starting at the end of the then current billing period. For example, if you have a monthly subscription that began on the first of the month but cancel mid-month, your cancellation will be effective as of the end of that month. Sorry-- there are no refunds on paid subscriptions once the charge has gone through for the billing period.
(B) Paid Applications
Certain Echo Apps are available for one-time purchase (no recurring subscription). Payment for such purchases may be through a third party mobile platform provider (e.g., Apple or Google). European Union residents normally have a right to cancel online purchases within 14 days of making them. Please note and acknowledge: if you are resident in the European Union and purchase an Echo App from a mobile platform owner (e.g. Apple or Google), you may not be able to cancel your order or obtain a refund. Please review the mobile platform owner's terms in this regard before purchase.
You may uninstall Echo Apps paid applications at any time at your discretion. All purchases of paid applications are non-refundable.
3.5. Automatic Renewal Paid subscriptions to the Echo Apps are auto-renewing. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information or, if applicable, at the end of your free trial period if you have not canceled at least 24 hours in advance of the expiration of the trial period. You hereby agree to and authorize automatic (recurring) billing, and you agree to pay the charges made to your account in connection therewith. You will be billed at the then-current applicable subscription price plus any applicable taxes. Payments for renewal subscriptions are processed using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your subscription, and monthly billing of your account, will continue indefinitely until cancelled by you in accordance with the Cancellation section of this Agreement.

4. THIRD-PARTY PARTNERS:

4.1. Third-Party Services and Content. The Echo Apps may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing an Echo App that includes third party services and third party content, such services and content are subject to such third party's terms of services and privacy policies, which may be found on the relevant Third Party Partner's website. Echo Apps may provide access or links to Third Party Partner websites or resources. Echo has no control over such websites and resources, and you acknowledge and agree that Echo is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Echo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such website or resource. Echo will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Partners.
4.2. Access to Third-Party Services and Content through Echo Apps All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through an Echo App, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an Echo App you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Echo be liable in any way for any Content created by or originating with entities other than Echo, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of an Echo App.

5. SECURITY

Echo Apps, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that the Echo Apps and any information you download or offer to share by means of an Echo App, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized access, including by such means as using complex password protection and, for Android users, enabling device encryption in your settings. You agree that Echo shall not be liable for any unauthorized access to your mobile device or the app data thereon.

6. UNINSTALL/REMOVAL OF AN ECHO APP

Uninstallation and removal methods vary depending on your device. To uninstall and remove the Echo Apps, please use the application manager provided with your device or consult your device manual for reference. Please remember if you have a paid subscription to an Echo App, uninstalling will not cancel your recurring payments. See our cancellation instructions above for more information.

7. CONSENT TO USE OF DATA AND USER REVIEWS

You agree that we 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 Echo Apps. We may use this information in accordance with the Privacy Policy.
Additionally, if you choose to provide app store reviews or reviews via any social medial channel, or other similar communication or messaging features or services, such information may be made publicly available, including the public-facing username as it appears with the review. If you prefer that we do not use your app reviews for promotional purposes, you will be able to elect for us not to do so by submitting your request dev@echodatas.com (please include your name, mailing address, and email address). For security purposes, please do not include any password, social security number, payment card or other sensitive information via these features. We have the right, but not the obligation to monitor messages and communications between and among users for security and training purposes. We may, but are not obligated to, remove any content we deem inappropriate.

8. INTELLECTUAL PROPERTY

The Echo Apps, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Echo are Echo's property or the property of Echo's licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third Party Partners have placed on or within the Echo Apps. All rights not expressly granted hereunder are expressly reserved to Echo and its licensors.
The Echo and Echo names, logos and affiliated properties, are the exclusive property of Echo or its affiliates. All other trademarks appearing on any Echo App are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through an Echo App. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

9. DISCLAIMER OF WARRANTY

TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, ALL ECHO APPS ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, ECHO, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, ECHO MAKES NO WARRANTY THAT THE ECHO APPS WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE ECHO PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE ECHO APPS WILL MEET YOUR EXPECTATIONS. ECHO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR ECHO APPS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ECHO APPS OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH ECHO APPS BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ECHO APPS.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE ECHO APPS REMAINS SOLELY WITH YOU.
ECHO EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NOTICE REGARDING CALL RECORDING FEATURE: Certain Echo Apps may allow you to record phone conversations on your Android or iOS device. Some local, state, federal or international laws prohibit the recording of third-party audio without all parties' consent to such recording. You are solely responsible for compliance with all local, state, federal or international laws regarding call recording and obtaining any necessary consent. IN NO EVENT SHALL ECHO BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR YOUR FAILURE TO COMPLY WITH LOCAL, STATE, FEDERAL OR INTERNATIONAL LAWS REGARDING THIRD-PARTY AUDIO RECORDING.

10. HOW TO CONTACT US.

If you have any questions about this EULA, please contact us by email or postal mail as follows: photo@echodatas.com