Legal

Terms of Service

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The agreement between EchoLogic and the organization using it. Plain terms, because a contract nobody reads protects nobody.

1. Who this agreement is between

These terms are a contract between Harborly Technologies, Inc., doing business as EchoLogic (“EchoLogic”, “we”), and the organization that uses the EchoLogic service (“you”). The service is for organizations. People invited into a workspace use it under their organization’s agreement, not their own, and the organization is responsible for what they do in it.

You accept these terms when you click a button that refers to them (for example when starting a trial), when you sign an order form or pilot agreement that refers to them, or when you use the service. If you accept for an organization, you confirm that you have authority to bind it. If you do not have that authority, or do not agree, do not use the service.

If we have signed an order form, pilot agreement or Data Processing Addendum with you, those documents form part of this agreement. If they conflict with these terms, a signed order form or pilot agreement wins on the points it covers, then the Data Processing Addendum on data protection, then these terms. A Data Processing Addendum is available on request from privacy@echo-logic.ai.

2. Accounts and access

A seat is one licensed person. The person who sets up a workspace is its owner; owners and admins add and remove people and decide which departments they belong to. You are responsible for who you invite, for keeping sign-in credentials secure, and for everything done under your accounts. Tell security@echo-logic.ai promptly if you believe an account has been compromised.

We never read your whiteboards in the ordinary course of business. Support access to a workspace requires your explicit consent, granted and revoked from your account settings, and every such session is logged.

3. Free trial, subscriptions and automatic renewal

Please read this section carefully: your subscription renews automatically until you cancel it.

  • Trial. A new organization starts with a 14-day free trial. You enter a payment card at checkout, but nothing is charged during the trial. When the 14 days end, the subscription you chose starts and the card is charged automatically, unless you cancel before the trial ends. Cancel during the trial and you owe nothing.
  • Automatic renewal. Subscriptions are monthly or annual, as you chose at checkout, and renew automatically for the same period at the price then in force for your plan until you cancel. Each renewal is charged to the card on file.
  • How to cancel. Cancel at any time online, from your Account page, which opens your billing portal. Cancellation takes effect at the end of the period you have paid for, and you keep access until then. We do not refund a period already paid for.
  • Seats. Seats are sold in blocks of 3, 5, 10, 50 and 100, and blocks are additive — a team of 11 buys 5 + 3 + 3. Every block is billed as a whole block whether or not every seat in it is filled. Adding seats takes effect immediately; Stripe prorates the charge for the rest of the current period. Removing seats also takes effect immediately; Stripe credits the unused part of the period against your next invoice. Credits are never paid out in cash.
  • Self-serve stops at 100 seats. Past that, pricing and terms are agreed with us directly and invoiced, and the order form sets the payment terms.
  • Prices. Prices are in US dollars. We will email account owners before a price change applies to you, and a change never applies before your next renewal after that notice. If you do not want the new price, cancel before that renewal.
  • Record. Your billing portal lists every invoice, and your Account page shows your seats, price and billing period at all times. Keep a copy of these terms; the date at the top tells you which version you accepted.

4. Payment, taxes and non-payment

Fees exclude sales, use, VAT, GST and similar taxes. You are responsible for those; we are responsible for taxes on our income. If a charge fails, Stripe retries it and tells you. If an amount stays unpaid for 14 days after we have told you, we may suspend access to the workspace until it is paid, and if it stays unpaid we may end the agreement. Invoiced amounts are due as the invoice says, and unpaid invoices bear interest at 1% a month or the highest rate the law allows, whichever is lower. Fees are non-refundable except where this agreement says otherwise.

5. Acceptable use

You and the people you invite agree not to:

  • break the law, or upload content you do not have the right to upload — including a recording or transcript of a conversation made without the consent the law where the participants are requires;
  • upload content that infringes someone else’s rights, is defamatory, or is malicious code;
  • attack, probe or overload the service, bypass access controls, or access another organization’s content;
  • share one seat between several people, or resell or sublicense the service;
  • scrape the service, reverse engineer it (except where the law allows regardless of this term), or use it to build a competing product;
  • use the service to make automated decisions that have legal or similarly significant effects on a person without human review;
  • store, without a written agreement with us first, protected health information, payment card numbers, government identifiers or other data that is subject to specific regulation.

We may suspend an account or a workspace, with notice where we reasonably can, if it is being used in breach of this section, if its use threatens the security or integrity of the service, or if the law requires it. We lift a suspension once the cause is resolved.

6. Your content

Your content stays yours. You grant us only the licence we need to run the service: to store your content, display it back to the people you have given access, and process it — including through the model providers named in section 7 — so the product can extract decisions, connect related thinking and flag contradictions. We do not sell your content and we do not use it to train models. We use it to provide the service, keep it secure, support you, and comply with law.

You are responsible for your content and for having the rights you need in it. We may remove content that we reasonably believe breaks section 5 or the law, and will tell you when we do unless the law prevents it.

We may collect and use data about how the service is used — counts, timings, costs and similar operational measures that do not include your content and do not identify your people — to run, secure and improve the service.

If you give us feedback or suggestions, we may use them without obligation to you. Feedback never includes your content.

7. AI features and third-party providers

EchoLogic surfaces patterns and possible contradictions in what your team has recorded. It is a tool for thinking, not an authority. AI output can be wrong. It can miss a contradiction, flag two things that do not actually conflict, summarize inaccurately or state something that is not true. Review output before you rely on it. Decisions stay yours, and nothing the service produces is legal, financial, medical or other professional advice.

Your content is processed by Anthropic and OpenAI to produce extraction, search and transcription, under terms that treat them as our processors and prohibit training on it. Which provider handles which step is set out on the Privacy page. This processing is part of how the product works and cannot currently be switched off for a single organization. We may change a provider; if we do, the Privacy page will say so before the change applies to your content, and we remain responsible to you for the service.

Features we label as beta, preview or experimental are offered as they are, may change or be withdrawn, and are excluded from any service commitment.

8. Confidentiality

Each of us may learn non-public information about the other through this agreement — your content and workspace data on one side, our non-public product, security and pricing information on the other. Each of us will use the other’s confidential information only to perform this agreement, protect it with at least reasonable care, and share it only with people and providers who need it and are bound to keep it confidential. This does not apply to information that is public through no fault of the recipient, already known to them, or independently developed. If the law requires disclosure, the recipient will give notice where it lawfully can. These obligations last for three years after the agreement ends, and for your content for as long as we hold it.

9. Ownership

We own the service, its software, design, documentation and anything we make to run it, including improvements we make from usage data and feedback. You get a right to use the service under this agreement, not ownership of any of it. You own your content, and you own the output the service produces from your content, to the extent we can give you that right.

10. Security, privacy and data

We keep the safeguards described on the Security page, and we process personal data as described on the Privacy page and in any Data Processing Addendum we have signed. Where we are a processor of personal data in your content, we act on your instructions, which this agreement and the product’s settings record. We will tell account owners without undue delay if we confirm a security incident affecting your content. The service is hosted in the United States.

11. Service levels and support

We work to keep the service available and tell owners about planned maintenance, but we do not offer an uptime guarantee or service credits on self-serve plans. Support is by email during business hours. Any service-level commitment for a larger agreement is written into its order form.

12. Term, termination and what happens after

This agreement starts when you accept it and lasts as long as you have a workspace with us. You can cancel your subscription at any time as section 3 describes, and an owner can close the organization’s account from the Account page. Either side may end the agreement if the other materially breaches it and does not fix the breach within 30 days of being told, and we may end it immediately for non-payment under section 4 or a serious breach of section 5.

When an owner closes the account, everyone in the organization has 30 days to download their data, and an owner can reverse the closure during that time. After 30 days we permanently delete the organization’s content, keeping only what tax and accounting law requires. Owners and admins can also download the organization’s data at any time from the Company page, and each person can download their own whiteboards from their Account page. If we end the agreement for our convenience, which we may do on 60 days’ notice, we refund any prepaid fees for the period after termination.

Sections 4 (amounts owed), 6, 8, 9 and 13 to 18 survive the end of the agreement.

13. Warranties and disclaimer

Each of us warrants that we have the authority to enter this agreement. We warrant that the service will perform materially as described on our site, and that we will not materially reduce its core functionality during a paid period. If it does not and we cannot fix it within 30 days of your notice, you may end the agreement and we refund prepaid fees for the rest of the period. That is your only remedy for breach of this warranty.

EXCEPT AS STATED IN THIS SECTION, THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT OUTPUT WILL BE ACCURATE, COMPLETE OR RELIABLE, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

14. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER SIDE IS LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, HOWEVER CAUSED, EVEN IF ADVISED OF THE POSSIBILITY. EACH SIDE’S TOTAL LIABILITY ARISING OUT OF THIS AGREEMENT IS CAPPED AT THE GREATER OF THE FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND US$1,000.

Two adjustments. For a breach of section 8 (confidentiality) or section 10 (security, privacy and data), the cap is twice the amount above instead. And nothing in this section limits: your obligation to pay fees; either side’s indemnity obligations under section 15; liability for gross negligence, fraud or wilful misconduct; or any liability that the law does not allow to be limited. These limits apply together, not per claim, and reflect the price of the service.

15. Indemnities

By us. We will defend you against any third-party claim that the service, used as this agreement allows, infringes that party’s patent, copyright or trademark or misappropriates its trade secret, and pay the damages and costs a court finally awards or we agree in settlement. This does not cover claims arising from your content, from combining the service with something we did not supply, or from use in breach of this agreement. If a claim arises, we may change the service to avoid it, obtain a licence, or, if neither is reasonable, end the agreement and refund prepaid fees for the remaining period. This is your only remedy for third-party infringement claims.

By you. You will defend us against any third-party claim arising from your content, from your or your users’ use of the service in breach of section 5 or the law — including a claim that a recording or transcript was made without the consent the law required — and pay the damages and costs a court finally awards or you agree in settlement.

The indemnified side must tell the other promptly, let them control the defence and settlement, and help reasonably at the indemnifying side’s expense. No settlement may admit fault for, or impose obligations on, the indemnified side without its consent.

16. Changes to the service and to these terms

We improve the service continuously and may add, change or retire features, provided we do not materially reduce its core functionality during a paid period. If we change these terms materially, we will email account owners at least 30 days before the change takes effect and move the date at the top of this page. If you do not agree, cancel before the change takes effect; continuing to use the service after that date means accepting the new terms. Changes required by law, or that only add features, may take effect sooner.

17. Governing law and disputes

This agreement is governed by the laws of the State of California, without regard to its conflict-of-laws rules, and the United Nations Convention on Contracts for the International Sale of Goods does not apply. Before either side starts proceedings, it will give the other written notice of the dispute and 30 days to resolve it in good faith, except where urgent relief is needed. Any proceeding must be brought in the state or federal courts located in California, and each side submits to their exclusive jurisdiction.

18. General

  • Notices. Notices to us go by email to sales@echo-logic.ai, addressed to Harborly Technologies, Inc.; a legal notice is effective only once we have acknowledged it by reply. Notices to you go by email to your account owners. Notice is effective when sent by email during business hours, otherwise the next business day.
  • Assignment. Neither side may assign this agreement without the other’s consent, except to a successor in a merger, acquisition or sale of substantially all its assets, on notice to the other. Any other attempted assignment is void.
  • Force majeure. Neither side is liable for delay or failure caused by events beyond its reasonable control, such as a natural disaster, war, government action, or failure of the internet or a hosting provider, provided it works to resume performance. Payment obligations are not excused.
  • Export and sanctions. Each side will comply with US export control and sanctions laws. You confirm that you are not located in, or owned or controlled by a person in, a country or on a list subject to comprehensive US sanctions, and will not let anyone who is use the service.
  • US government users. The service is commercial computer software and documentation. If you are a US government body, your rights are those set out in this agreement, as FAR 12.212 and DFARS 227.7202 provide.
  • Publicity. We will not use your name or logo publicly without your prior written consent, which you can withdraw at any time with effect going forward.
  • Relationship. We are independent contractors. This agreement creates no partnership, agency or joint venture, and no one other than you and us has rights under it.
  • Entire agreement. This agreement, with any signed order form, pilot agreement and Data Processing Addendum, and the Privacy and Security pages it refers to, is the whole agreement between us about the service, and replaces earlier discussions. Terms in your purchase order or vendor forms do not apply, even if we sign or process them.
  • Severability and waiver. If a court finds part of this agreement unenforceable, the rest stands and the part is enforced as far as the law allows. Not enforcing a term is not a waiver of it. Any waiver must be in writing.

Getting in touch

Questions about these terms go to sales@echo-logic.ai. Privacy questions go to privacy@echo-logic.ai, and security reports to security@echo-logic.ai.