Terms of Service
Effective as of October 15, 2021
Hi There! Welcome to the Service. These Terms of Service (“Terms”) govern your use of the Service. Please read them carefully as they contain important terms regarding future changes to the Terms, automatic renewals, limitations of liability, privacy and waiver of class actions.
By using the echo3D’s Service, you agree to the Terms. “Service” means the services echo3D makes available to you, including this website, the echo3D cloud platform, the echo3D API, the echo3D SDKs, and any documentation or other products, software or services offered by echo3D in connection thereto. Of course, if you don’t agree with the Terms, then don’t use the Service.
1. Your Agreement with echo3D
1. By using the Service, you state that: (i) you are not under the age of 13 (as no one under 13 is allowed to create an account or use the Service), (ii) you can form a binding contract with echoAR, Inc. (“echo3D”), (iii) you are not a person who is barred from receiving the Service under the laws of the United States or any other applicable jurisdiction, and (iv) you will comply with these Terms and any and all applicable local, state, national, and international laws, rules, and regulations.
2. If you are using the Service on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
3. You agree to comply with the echo3D Acceptable Use Policy available below (the “Acceptable Use Policy”), which is incorporated herein by this reference and which may be updated from time to time.
4. You also agree to adhere to echo3D’s Brand Guidelines (available here, the “Brand Guidelines”), which are incorporated herein by this reference and which may be updated from time to time.
6. Given the breadth of our Service, we sometimes need to craft additional terms and conditions for specific services. Those additional terms and conditions, which will be available with the relevant services, then become part of your agreement with us if you use those services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
2. Your Account and Use of the Service
1. You must provide true, accurate and complete registration information when you register to use the Service.
2. You are responsible for maintaining the secrecy and security of your password and for any activity that occurs in your account. If you suspect or become aware of any unauthorized use of your account, you agree to notify echo3D immediately.
3. Your use of the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
4. You agree not to (a) create more than one account for yourself, (b) access or attempt to access the Service by any means other than through the interface that is provided to you by echo3D, or (c) engage in any activity that interferes with or disrupts the Service (or the servers, networks or other software or hardware which are used in connection with the Service).
5. You may use the Service solely for the purpose of developing, managing, hosting, deploying, streaming, or publishing and running applications and content on or through the Service, as permitted by its functionality or features, as may be changed from time to time, in accordance with these Terms (the “Purpose”).
3. Fees for Use of the Service; Trials and Auto-renewals
1. You can find a description of the Service options available to you when you create an account with us here. Subject to the Terms, certain options are provided free-of-charge. The subscription option that does not require payment shall be referred to as the “Free Service,” while the other options that require payment are referred to herein as the “Paid Subscriptions.” In addition, certain specific features and services may be made available to you subject to additional fees.
2. From time to time, we may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). echo3D may determine your eligibility for a Trial and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law. For some Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring basis. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL BY UPDATING YOUR SUBSCRIPTION PLAN IN YOUR PAYMENT SETTINGS. The cancellation will take effect immediately and you will be downgraded to the Free Service.
3. Fees for the Paid Subscriptions will be invoiced monthly and concurrently charged to your credit card, while fees for any additional features or services will be invoiced and charged separately. Fees are due on the invoice date or, in the case of certain additional features and services, at the point of purchase. You are responsible for providing, and maintaining at all times, complete, accurate and valid credit card, billing, payment and contact information to echo3D. You acknowledge and agree that any credit card and related billing, payment and contact information that you provide to echo3D may be shared by echo3D with companies who work on echo3D's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to echo3D and servicing your account.
4. If any amounts invoiced hereunder are not received by the due date (i.e., the charge to your credit card is denied for any reason), then (a) such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, and (b) echo3D may, without limiting its other rights and remedies, suspend the Service to you until such amounts are paid in full and a valid credit card is provided to echo3D . Any outstanding balance becomes immediately due and payable upon suspension or termination of the Service for any reason.
5. You are also responsible for paying all reasonable expenses and attorneys' fees that echo3D incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights).
6. Unless otherwise stated, our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales and use, or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with your use of the Service. If echo3D has the legal obligation to pay or collect Taxes for which you are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, echo3D is solely responsible for taxes assessable against it based on its income, property and employees.
7. You are responsible for any mobile charges that you may incur for using our Service, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Service.
4. License from echo3D
1. echo3D grants you a personal, worldwide, royalty-free, non-assignable, revocable and non-exclusive license to access and use the Service solely for the Purpose, in accordance with the Terms.
2. You may not (and you may not permit any third party to): (a) copy, modify, create a derivative work of, reproduce, duplicate, map out, reverse engineer, decompile, unlock, reverse compile, disassemble or otherwise attempt to extract the source code of the Service or any part thereof; (b) disable, interfere with, circumvent, or attempt to disable, interfere with or circumvent any security mechanisms used by the Service or any other applications using the Service; (c) use the Service in any way that may subject the Service to any obligations under any open source software license; (d) remove any notices or copyright information from the Service or any part thereof; (e) transfer, share, lease or distribute the Service or any part thereof to any third party; (f) use the Service or any part thereof to create similar or competitive products or services or to otherwise compete with echo3D in any other manner; or (g) attempt to perform any of the foregoing (a) – (f).
3. echo3D further grants you a limited, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to display those trademarks, service marks, logos and brand names of echo3D found in the Branding Guidelines solely to promote your use of the Service in accordance with these Terms and the Branding Guidelines. You agree that, except for the limited license granted in this section, the Terms do not grant you any rights to echo3D’s trademarks, service marks, logos or brand names and that all goodwill generated through your use of such marks is to the sole benefit of echo3D. If you use any of the marks found in the Branding Guidelines, you will at no time contest or aid in contesting the validity or ownership of those marks or echo3D’s rights in them, including, but not limited to, by applying to register any trademark, trade name or other designation that is confusingly similar to the such marks.
5. License from You
1. echo3D claims no ownership or control over any the application that you create using the Service and any code written by you to be used in connection with the Service (collectively, the “Application”) or any and all information and data, such as text, computer software, audio files, images, videos, object files or any other computer files (“Content”) provided by you or any other user of the Service. You (or your end users, as applicable) retain any and all copyright and any other intellectual property rights you may hold in the Application and your Content, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying such Content on or through the Service you hereby grant echo3D a worldwide, irrevocable, perpetual, fully paid for, royalty-free, and non-exclusive license to upload, post, send, receive, store, reproduce, adapt, modify, translate, publish, perform, display, exhibit, distribute, analyze, create derivative works of, and otherwise use such Content. Furthermore, by creating an Application on or through use of the Service, you grant echo3D a worldwide, fully paid for, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application.
2. By adding a collaborator to your Application, you hereby grant to that user a royalty-free, non-assignable, non-exclusive and non-sublicensable license license, to use, display, perform, reproduce, modify, publish, distribute, list information regarding, edit, translate and analyze such Application and Content as permitted by the Service functionality or features for the sole purpose of collaborating on the development of the Application.
3. You may choose, or we may invite you to submit comments or feedback about your experience with the Service, including about how to improve the Service or any of our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous and without restriction and will not place echo3D under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you or any of your end users.
4. You agree that echo3D may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and website listings (including links to your website) for the purpose of advertising or publicizing your use of the Service.
6. Content on the Service
1. You acknowledge that any and all Content to which you may have access as part of or through your use of the Service is the sole responsibility of the person from which such content originated. You further agree that you are solely responsible for (and that echo3D has no responsibility to you or to any third party for) the Application or any Content that you or any of your end users create, make available to others, submit to, transmit, or display while using the Service (including, any loss or damage which echo3D or any other party may suffer). You agree and represent that you or your end users, as applicable, own that Content, or that you or your end users have received all necessary permissions, clearances, and authorizations in order to submit it to the Service. You may not submit Content to the Service if you do not own all the rights to that Content, or if the owner of such Content has not given you permission.
2. echo3D reserves the right (but shall have no obligation) to review or remove any or all Content from the Service. echo3D does not screen, edit, monitor or review all Content and cannot guarantee that Content on the Service will always conform to the Terms. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take-down notice from echo3D (“Take-Down Notice”). If you fail to comply with the Take-Down Notice, echo3D reserves the right to remove or delete such Content or to disable or suspend the Application or your use of the Service.
3. You are responsible for the use of your Application by your end users. If you become aware of any violation of the Acceptable Use Policy by an end user of the Application, you shall immediately disable or suspend such end user’s access to the Application and terminate such end user’s account. echo3D reserves the right to disable or suspend Application in the event of any violation or suspected violation of the Acceptable Use Policy, and shall bear no responsibility or liability in connection thereto.
4. You agree that echo3D shall bear no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing, maintaining and retaining backup copies of your Application and any of your Content.
5. You agree that you will protect the privacy and any legal rights of the end users of your Application. You must obtain any consents required by applicable data protection laws and provide legally adequate privacy notice, access, and protection for such end users. If end users provide you with any information, including user names, passwords, or other login information or personal information, you must ensure that such end users are made aware that the information will be available to echo3D.
7. Copyright Policy
1. It is echo3D’s policy to comply with the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) . We reserve the right to remove or delete any Content and, if we deem appropriate, disable or suspend the Application itself upon echo3D becoming aware of any infringing materials or upon receipt of any notice with respect thereto.
2. Please contact us at copyright@echo3D.co immediately if you believe that anything on the Service infringes a copyright that you own or control. Note that, pursuant to the DMCA, in order for a notice of an alleged infringement to be valid, it must: (i) contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner, (ii) identify the copyrighted work claimed to have been infringed, (iii) identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material, (iv) provide your contact information, including your address, telephone number, and an email address, (v) provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
3. You also agree to set up a copyright policy for your Application which includes a process to respond to notices of alleged infringement as required by the DMCA or any other applicable laws.
8. Proprietary Rights
1. You acknowledge and agree that echo3D (or echo3D’s licensors, as applicable) own all legal right, title and interest in and to the Service, its trademarks and brand or any Content that echo3D makes available to you on, or through, the Service, including any intellectual property rights thereto (whether registered or not, whether currently exist or exist in the future, and wherever in the world).
2 Except as provided in Section 5, echo3D acknowledges and agrees that it obtains no right, title or interest from you under these Terms in or to the Application or any Content that you or any of your end users create, submit, post, transmit or display on, or through, the Service, including any intellectual property rights thereto (whether registered or not, whether currently exist or exist in the future, and wherever in the world). You acknowledge that echo3D bears no responsibility and has no obligations to protect and enforce such rights.
9. Modification and Termination of the Service
1. echo3D is constantly improving the Service and creating new ones in order to provide you with the best possible experience. You acknowledge and agree that the form and nature of the Service may change at any time, without prior notice to you. Such changes to the Service may include changes to subscription plans, payment policies, security patches, changes to functionality, the addition or removal of features, products, or functionalities, and any other modifications or enhancements as well as the suspension or termination of the Service altogether. Price changes will be communicated to you in advance and will only take effect at the start of the next subscription period following the date of the price change.
2. You may terminate these Terms at any time by deleting your account on the Service. You will not receive any refunds if you cancel your account.
3. You agree that echo3D, in its sole discretion and for any or no reason, may terminate or suspend your account or any part thereof. You acknowledge and agree that any termination or suspension of your access to the Service may be without prior notice, and you agree that echo3D will not be liable to you or any third party for such termination. This means that we may stop providing you with any Service or impose new or additional limits on your ability to use the Service (e.g., we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason).
4. You are solely responsible for maintaining, retaining backup copies and exporting your Content and Application from the Service prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve and export your Content and Application.
5. Upon any termination of the Service or your account, these Terms will also terminate, but Sections 6, 8.1, 9, 10, 11, 12, 13.3, and 15, as well as any other sections of these Terms that by their nature must remain in effect even after termination of these Terms, shall survive and continue to be in effect and full force.
1. You agree to indemnify, defend, and hold harmless echo3D, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Service; (b) your or your end users’ Content or your Application or any other Content you or your end users post on the Service; (c) your breach of these Terms; or (d) your violation of applicable laws, rules or regulations.
1. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE ECHO3D ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (C) THE SERVICE WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (D) ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE TIMELY OR ACCURATE.
2. ECHO3D TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICE. ACCORDINGLY, ECHO3D MAY NOT BE HELD LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED TO YOU IN CONNECTION WITH ANY CONTENT POSTED BY ANOTHER USER. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH ECHO3D WILL BE RESPONSIBLE FOR.
12. LIMITATION OF LIABILITY
1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECHO3D AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF ECHO3D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ECHO3D’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS EXCEED THE LESSER OF $10,000 OR THE AMOUNT YOU PAID ECHO3D, IF ANY, IN THE LAST 12 MONTHS.
13. Third-Party Services
1. The Service may include links to other websites or third-party content, resources, software, services or features, including services we jointly offer with such third-party (collectively, “Third-Party Services”). You acknowledge and agree that echo3D is not responsible for the availability of any Third-Party Services, and does not endorse any advertising, products or other materials available from such third-party content.
2. If you use a Third-Party Service, the terms of such respective service will govern the relationship between you and the third party offering such Third-Party Services.
3. You acknowledge and agree that echo3D is not responsible or liable for any loss or damage which may be incurred by you or your end users as a result of action taken under the third party’s terms, or as a result of any reliance placed by you or your end users on the content, availability, completeness or accuracy of such Third-Party Service or that of the advertising, products or other materials available from such Third-Party Services.
14. Changes to the Terms
1. echo3D may make changes to the Terms from time to time. If we change the Terms in any substantive manner, we will give you at least seven (7) days’ notice before the changes take effect, during which period of time you may reject the changes by terminating your account.
2. You understand and agree that if you use the Service following the date on which the change of Terms takes effect, echo3D will treat your use as acceptance of the updated Terms.
1. These Terms (together with any additional terms applicable to specific services you use) make up the entire agreement between you and echo3D, and supersede any prior agreements.
2. If we do not enforce a provision in these Terms, it will not be considered a waiver.
3. You may not assign or transfer any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of echo3D, and any such assignment shall be null and void.
4. These Terms do not create or confer any third-party beneficiary rights.
5. echo3D reserves all rights not expressly granted to you.
6. You agree that echo3D may, from time to time, provide you with notices, including those regarding changes to the Terms, by email or postings on the Service. By providing echo3D with your email address, you consent to echo3D using such email address to send you any notices, including such notice as required by applicable law.
7. echo3D shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
8. Your use of the Service shall be subject to the export control laws and regulations of the United States and you agree to comply with all such laws and regulations.
9. Except to the extent they are preempted by U.S. federal law, the laws of the State of New York, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter. You and echo3D agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Service will be litigated exclusively in the state or federal courts located in New York County, New York.
10. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING ANY ACTION, LAWSUIT, OR PROCEEDING AS A CLASS OR COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER PROCEEDING IN WHICH ANY PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
11. If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
Acceptable Use Policy
Your use of the Service is subject to this Acceptable Use Policy (“Policy”). echo3D reserves the right to terminate or suspend, at its sole discretion, your account and cease all services to you if you are found to be in violation of this Policy. We may change the Policy at any time. It is your responsibility to keep with and adhere to the Policy. All capitalized terms used herein shall have the meaning stated in the Terms, unless stated otherwise.
The Content created, posted, transmitted, displayed, or processed through your Application or other websites utilizing the Service, or otherwise submitted by you to the Service, shall not contain or link to any of the following types of content:
Content that violates or infringes a third party’s rights of privacy, intellectual property rights or any other rights under applicable law;
Pornography, graphic violence, threats, hate speech, or incitements to violence;
Content intended to bully, harass, intimidated or defame another person;
Content intended to advocate or advance computer hacking;
Other material, products or services that violate or encourage conduct that would violate any criminal laws or any other applicable laws; or
Any content that, in echo3D’s sole discretion, violates the Terms.
You agree not to, and not to allow third parties, including any of your end users, to use the Service:
to violate, or encourage the violation of, the legal rights of others (e.g., allowing end users to infringe, misappropriate or otherwise violate the intellectual property rights of others in violation of the Digital Millennium Copyright Act);
to engage in, promote or encourage illegal activity or any activity that violates the Terms;
for any unlawful, invasive, infringing, defamatory or fraudulent purpose (e.g., phishing, creating a pyramid scheme or mirroring a website);
to distribute or upload viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature, or to otherwise compromise the security of the Service;
to interfere with the access or use of the Service, or the equipment used to provide the Service;
to disable, interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden, or impair the functioning of the Service; or
to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisements or other solicitations or spam.
You further agree that:
You will not represent that you possess any proprietary interest in the Service or any of echo3D’s trademarks, service marks, logos, brand names, or trade names;
You will not use or attempt to use another user’s account, username, or password without their permission;
You will not solicit login credentials from another user, including by way of phishing;
You will not circumvent or attempt to circumvent any aspect of the Service, including any content-filtering techniques we employ;
You will not access or attempt to access areas or features of the Service that you are not authorized to access; and
You will not probe, scan, or test the vulnerability of our Service or any system or network in connection thereto.