EchoWave Terms of Service
These terms and conditions outline the rules and regulations for the use of EchoWave's Website.
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use EchoWave's website if you do not accept all of the terms and conditions stated on this page.
1) OUR CONTRACT WITH YOU
1.1) On our website (https://echowave.io/), related subdomains, and software applications (collectively known as the “Applications”), we offer various online video creation, editing, sharing, and hosting services (referred to as the “Services”) and provide information on the fees associated with each plan available to you (the “Subscription Fee”). The Services available to you as a registered user will depend on the plan you choose.
1.2) When you register for an account and use our Services, you are agreeing to these Terms of Service. The Services available to you and the Subscription Fee applicable to your subscription will be outlined in the Applications.
1.3) Once you provide valid account details, including billing and contact information, and we indicate that we accept your subscription through the Applications, a contract will be established between you and us for the Services you have subscribed to. This acceptance of each subscription is referred to as a “Contract.”
1.4) In the event that we are unable to accept your subscription, we will inform you via the Applications or in writing and will not charge you for the Services. This could be due to unexpected limitations on our resources, errors in the Subscription Fee or Services description, or other reasons.
1.5) Any free-sessions, demos, or advertising issued by us, as well as any descriptions or illustrations provided by us in relation to our business or Services, are for informational purposes only and do not form part of the Contract or have any contractual force.
2) YOUR ABILITY TO MAKE CHANGES TO YOUR SUBSCRIPTION
We strive to accommodate as many user requests as possible, but we may not be able to accept change requests for individual subscriptions. If you are unsatisfied with our Services as a result, you may choose to cancel your subscription
3) CHANGES TO, SUSPENSION OF, OR WITHDRAWAL OF THE SERVICES
3.1) Temporary Suspension of Services: We may temporarily suspend the Services for the following reasons:
-To update and make changes to the Applications to comply with relevant laws and regulations;
-To implement technical adjustments and improvements, such as addressing security threats or adding new features;
-If you have not made a payment for the Services;
-If you violate these Terms of Service;
-If you fail to provide required information to us (see clause 3.3);
-If you use the Services in a prohibited or unacceptable manner (see clause 8);
-For other unforeseen reasons that may delay the delivery of the Services.
We will try to contact you as soon as possible to explain the reason for the suspension and when/how it will be lifted.
3.2) Withdrawal of Services or Termination of Contract: We may withdraw the Services or terminate the Contract for the following reasons:
-If you fail to provide required information to us
-If you have not made payment
-If you use the Services in a prohibited or unacceptable manner
-If you violate these Terms of Service
-Other reasons specified in these Terms of Service.
We will send you a written notice 24 hours after stopping the supply of the Services or terminating the Contract.
3.3) Failure to Provide Required Information: We may require certain information from you in order to provide the Services. If we do, we will contact you to request it. If you do not provide the information within a reasonable time frame or if the information provided is incomplete or incorrect, we may suspend the Services or terminate the Contract.
3.4) Interruptions and Errors in the Applications: We do not guarantee that the Applications, their content, or the Services will always be available, uninterrupted, or error-free. We may suspend, withdraw, or restrict access to all or part of the Applications or Services for business or operational reasons. We will try to give you reasonable notice of any such suspension, withdrawal, or restriction.
3.5) No Liability for Services Unavailable Due to External Events: If any suspension, withdrawal, or restriction of the Services is due to an event outside of our control, we will not be liable for any period during which the Applications and/or Services are not available.
4) Our right to terminate the contract or suspend services:
4.1) Non-payment: If payment is not received as required, we reserve the right to suspend services and/or terminate the contract without notice, and charge interest as outlined in clause 5.5.
4.2) Payment process: Payments are typically taken from the billing information provided through the Applications. If a transaction fails, we will contact you via email and request updated billing information. We will then attempt to process the payment again for the next 5 days or until payment is received. After each failed transaction during this period, we will send another email requesting updated billing information."
5) Subscription fees, payment, and renewals:
5.1) Subscription options: We offer free services where available, as well as paid subscription plans as outlined on the Applications.
5.2) Subscription fee pricing: The subscription fee, including VAT if applicable, will be displayed at the time of subscription. We take care to ensure accurate pricing, but refer to clause 5.3 for errors.
5.3) Pricing errors: If a service is incorrectly priced, we will contact you before processing the subscription. If a clear and obvious pricing error is made and processed, we reserve the right to cancel the contract and refund payment.
5.4) Payment terms: Payment must be made in accordance with the options provided on the Applications, through our processing partners. Full payment is required in advance for monthly or annual services.
5.5) Late payment interest: A 5% annual interest will be charged on overdue payments, above the Bank of England's base lending rate. Interest will accrue daily and be added to the overdue amount on the first day of each month.
5.6) Dispute resolution: If you believe you have been charged incorrectly, please contact us promptly. Interest will not accrue until the dispute is resolved.
5.7) Automatic renewals: Subscriptions will automatically renew monthly or annually, as chosen during the initial subscription, and can be cancelled in accordance with these terms. See clause 7.
6) Changes to a subscription:
6.1) Changes in price or length: Subscription fees may change, and new prices will apply to renewals or new subscriptions. We will provide reasonable notice of any changes to the price or length of a subscription. If you do not want to renew under the new prices or changes in length, you may cancel your subscription in accordance with these terms (see clause 7).
6.2) Changes to services: We may need to change the services provided under a subscription from time to time. We will give reasonable notice of any such changes. If you are not satisfied with the changes, and they are significant, you may cancel your subscription and we will provide a pro-rata refund for any unused but prepaid portion of your subscription.
7) Canceling your subscription:
7.1) Cancellation process: You can cancel your subscription at any time through the Applications.
7.2) Free Services: If you are using our free services (if available), this clause does not apply and you can stop using the services at any time.
7.3) Refunds: We do not offer refunds for subscriptions that have been used. However, if you are a consumer (using the services for personal use) and you cancel your subscription within 14 days of purchase, and you have not used the services (including uploading media, editing, and adding subtitles), we will provide a full refund. Note that this right to change your mind is not valid once the services have been used.
7.4) Cancellation of renewals: You can cancel your subscription at any time before 2 business days before the renewal date, and it will expire at the end of the current period. If you do not cancel before the 3 business days, your subscription will automatically renew. Cancellations are not eligible for a refund unless otherwise specified in these terms. Following cancellation, you can remain a registered user and continue to use our free services (if available).
8) Acceptable use:
If you use the services in a way that is prohibited, it constitutes a material breach of these terms and may result in the immediate, temporary, or permanent suspension of the services or termination of the contract. In such cases, no refund will be provided, and we will not be liable for any fees paid for services that are not received.
9) Proprietary rights:
9.1) You acknowledge that we and/or our licensors own the intellectual property rights in the original work in the applications and services. We do not grant you any rights to any patents, copyrights, trade secrets, trademarks, or any other rights in relation to the applications or services, except as stated in these terms.
9.2) We confirm that we control the intellectual property rights in relation to the applications and services, and any rights granted to you are under these terms.
9.3) You may share video content with us when using the services, but you are solely responsible for such content. You must own or have the right or permission to submit and share the content, and you grant us a non-exclusive, irrevocable, royalty-free, worldwide license to reproduce and use the content.
10) Termination for breach of terms:
10.1) We may end your rights to use the services and/or terminate the contract at any time if you breach these terms.
10.2) If we end your rights to use the services and/or terminate the contract, you must stop all activities authorized by these terms, including the use of free and/or paid services. We may disable your registration account and will not be liable for any content stored or accessed through your account. No refund will be provided, and all outstanding sums must be immediately paid by you to us
11) Our liability for loss or damage suffered by you:
11.1) Our liability to you is not limited in cases where it would be unlawful to do so, such as death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or breach of your statutory rights in relation to the services.
11.2) The services are provided on an "as-is" basis and your use of the services is at your own risk. We do not guarantee the accuracy or completeness of the services or any content, information, or documentation contained in or shared through the services.
11.3) We are responsible for direct loss or damage caused by our failure to comply with these terms or our failure to use reasonable care and skill. However, we are not responsible for indirect or unforeseeable loss or damage, such as loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill, or reputation, or any other indirect or consequential loss or damage.
11.4) If defective digital content we have supplied damages your device or digital content due to our failure to use reasonable care and skill, we will either repair the damage or compensate you. However, we will not be liable for damage that could have been avoided by following our advice to apply an update offered to you for free, or damage caused by your failure to correctly follow user instructions or meet the minimum system requirements advised by us.
11.5) Our liability is limited and we will not be held responsible for any damages or losses incurred by you while using our services