TERMS OF SERVICE

Aug 29

Last Modified: Aug 29, 2024

This Service Agreement (“Agreement”) is entered into by and between EchoReach, Inc. (“EchoReach”), a provider of marketing data software & services, and the undersigned client (“Client”). This Agreement outlines the terms and conditions under which EchoReach will provide its services to the Client.

1. Services Provided

EchoReach will enhance the Client’s marketing efforts by rapidly increasing the Client's warm email list and providing advanced data for precise targeting of the Client’s ideal customers. These services are intended to improve the Client’s return on ad spend & email retargeting when utilized by the Client’s marketing team.

The EchoReach ID Tool helps the Client identify and connect with visitors to their website by collecting information through a pixel installed on the site. This includes usage data, device information, and personal information provided by the user. EchoReach uses this data to create comprehensive visitor profiles for targeted marketing and outreach initiatives.

2. Pricing and Payment Terms

EchoReach offers simple and transparent pricing. (Book a call to learn more.)

When providing a card on file, the client authorizes EchoReach to store & charge the card provided each month.

Payments are processed on approximately the same day each month, adjusted for weekends/holidays.

The base package charge will be run at the beginning of each month + the additional charge for data delivered from the previous month beyond the base package. In example, $1498 (base) + $1000 (for an additional 100,000 email identities delivered.

3. Cancellation Policy

EchoReach is committed to delivering continuous value, and as such, does not require long-term contracts. However, a 30-day cancellation policy applies, and the Client must provide written notice 30 days in advance of the desired cancellation date.

4. Data & IP Rights

EchoReach retains all intellectual property rights in any tools and work products resulting from the services provided. The Client agrees not to claim ownership of such work products or intellectual property.

Client owns all data collected through the services, but it cannot be resold or used for purposes outside the scope of this Agreement without EchoReach’s written consent.

5. Privacy Practices and Legal Compliance

EchoReach warrants that its services do not violate any privacy laws. However, the Client is responsible for ensuring compliance with all applicable laws, including CAN-SPAM, when using the data provided. EchoReach is not liable for any misuse of the data by the Client or its users.

The Client represents and warrants that they will use EchoReach's services solely for their internal commercial purposes, in compliance with all applicable laws. The Client agrees to indemnify and hold EchoReach harmless from any claims arising from the Client's breach of this Agreement.

5.1 | Compliance Responsibility

It is the Client’s responsibility to ensure that the collection and use of personal information comply with all applicable laws and regulations. EchoReach’s guidance on legal compliance is for informational purposes only and does not constitute legal advice. The Client should consult with qualified legal counsel for specific legal advice.

5.2 | Legal Compliance Requirements

To ensure compliance with U.S. privacy laws, particularly the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), the Client must adhere to the following requirements:

5.2.1 | Privacy Policy Updates

The Client’s privacy policy must be compliant with CPRA and include specific disclosures about the data collection and usage practices facilitated by EchoReach.

Recommended language for the Client’s privacy policy:

“When you visit our website, we use cookies and similar technologies to collect certain information about your visit. This may include usage data, device information, and personal data. We may combine this automatically collected information with other data we receive from third-party sources to create a more complete profile of you. We then use this profile to communicate with you, including providing personalized advertising and promotional content based on your interests and browsing behavior. You may opt out of this at any time."

5.2.2 | Data Handling Practices

The Client must ensure that all data collected via the EchoReach pixel is managed in compliance with applicable U.S. laws, particularly CPRA requirements for California residents. This includes respecting user rights to access, delete, or opt-out of the sale or sharing of their personal information. This includes complying with all email laws and best practices, including CAN-SPAM compliance.

6. Disclaimer of Liability

The Client agrees to defend, indemnify, and hold EchoReach harmless from any claims arising from the Client’s use of the services, including any violations of applicable laws or third-party rights.

7. Disputes and Arbitration

Any disputes arising from this Agreement will be resolved through binding arbitration under the Federal Arbitration Act. The arbitration will be conducted in Texas, and each party will bear their own arbitration costs. Class actions and private attorney general actions are waived.

8. Termination

EchoReach may terminate this Agreement if the Client violates any applicable laws or terms of this Agreement. Upon termination, the Client’s access to the services may be immediately disabled, and any data stored may be deleted.

9. Amendments and Notices

EchoReach may amend this Agreement from time to time. Notices will be provided through email or the Client’s account dashboard. The Client may reject any amendments by ceasing to use the services.

10. Governing Law

This Agreement is governed by the laws of the state of Texas.

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