Terms of Service

Echo Impact Agency
Effective Date: 19 September 2025
Contact: [email protected]
Postal: Echo Impact Agency, 8 Blackheath, Colchester, CO2 0AA, England
Website: www.echoimpactagency.com

1) Who These Terms Apply To

These Terms of Service (“Terms”) govern your access to and use of the services, software, AI agents, automations, and related materials provided by Echo Impact Agency (“Echo Impact,” “we,” “us,” “our”).
These Terms are for business customers only. If you are a consumer, do not use the Services.

By signing an order form, statement of work, proposal, paying an invoice, or using the Services, you agree to these Terms.

2) Definitions

“Services”: our AI automations, voice/chat agents, workflows, integrations, configuration, consulting, and related support.

“Client,” “you,” “your”: the business entity accepting these Terms.

“Client Content”: any data, prompts, inputs, recordings, transcripts, messages, files, or materials you (or your end users) provide or generate through the Services.

“Output”: any AI-generated text, audio, or other results returned by the Services.

“Order Form / SOW”: any order, proposal, or statement of work referencing these Terms.

“Third-Party Services”: services not owned by us, such as GoHighLevel, LeadConnector/LC Phone, OpenAI, Google, Stripe, Calendly, hosting, email/SMS gateways, carriers, etc.

Order of precedence: Order Form/SOW → these Terms → documents referenced by URL (e.g., Privacy Policy).

3) Scope of Services

We configure and operate automations and AI agents that may interact with your staff, leads, or customers (including by phone, SMS, chat, email, forms, and integrations). Details (features, deliverables, timelines, subscription term, and pricing) are set out in the applicable Order Form/SOW.

We may provide guidance on prompts, messaging, and processes; you are solely responsible for final business decisions, legal compliance, and outcomes.

4) Account, Access, and Your Responsibilities

You must provide accurate business information, maintain the security of your credentials, and promptly notify us of any unauthorised use.

You are responsible for Client Content, including obtaining all necessary permissions, notices, and consents, especially for call recording and AI interactions where required by law.

You must comply with all marketing/telecom rules (e.g., Ofcom, PECR/ePrivacy, GDPR/UK GDPR, CAN-SPAM, TCPA/CTIA where applicable), consent requirements, and do-not-call/suppression obligations.

You will not use the Services for unlawful, harmful, or high-risk purposes (see Section 10).

5) Third-Party Services & Dependencies

The Services may rely on or integrate with Third-Party Services (e.g., GoHighLevel, LeadConnector/LC Phone, OpenAI, Google, Stripe, Calendly, carriers, hosting, email/SMS gateways). Your use of those is subject to their terms and fees. We are not responsible for Third-Party Services, outages, data loss, or changes to their features or pricing. We may replace Third-Party Services with equivalents.

6) Fees, Billing, Taxes, and Refunds

Fees are set out in the Order Form/SOW and are payable in GBP unless stated otherwise. Subscriptions are billed in advance; usage/overages in arrears.

Auto-renewal: unless your Order Form says otherwise, subscriptions renew on the same term unless cancelled before the renewal date.

Late payments may incur statutory interest and recovery costs (e.g., under the UK Late Payment of Commercial Debts regime) and/or suspension of the Services.

Taxes: fees are exclusive of VAT and other taxes; you are responsible for applicable taxes.

Refunds: except where required by law or expressly stated in an Order Form, all fees are non-refundable.

7) Term, Cancellation, and Termination

These Terms start when you first accept them and continue while you use the Services or have an active subscription.

You may cancel at the end of your current term per your Order Form.

Either party may terminate for material breach not cured within 14 days of written notice.

We may suspend or terminate immediately for non-payment, abusive/unlawful use, or risk to the Services.

Effect: on termination, your access ends. We will delete or return Client Content in accordance with our retention policy and any applicable data processing terms.

8) Intellectual Property

Ownership: We and our licensors own all rights in the Services, software, documentation, methodologies, and templates.

License to us: You grant us a non-exclusive licence to use Client Content to provide the Services and to maintain, secure, and improve the Services in accordance with our Privacy Policy.

Output: as between you and us, we assign to you any rights we may have in Output generated for you, subject to (a) underlying model/provider terms and (b) your compliance with these Terms. Output may be non-unique and similar to results generated for others.

Feedback: if you provide ideas or suggestions, we may use them without restriction.

9) Data Protection & Privacy

Our Privacy Policy (available on our website) explains how we process personal data.
Controller/Processor roles:

We act as Controller for data we collect for our own business (e.g., our website, CRM).

We act as Processor when we process personal data on your behalf (e.g., your leads/customers). In those cases, we will:

process only on your documented instructions;

implement appropriate security measures;

ensure confidentiality;

assist with data subject requests and incident notifications as required;

on termination, delete or return personal data per your instructions and our retention policy; and

only engage sub-processors under a written agreement imposing equivalent protections.
If you require a separate Data Processing Addendum, contact [email protected].

Training for improvement: We may use data to improve and tune our models and Services, with de-identification where feasible and opt-out on request (see Privacy Policy).

10) Acceptable Use & High-Risk Activities

You will not (and will not permit others to): (a) reverse engineer or interfere with the Services; (b) use the Services to transmit malware, spam, or illegal content; (c) infringe rights or violate laws; (d) attempt to circumvent usage limits or security; (e) input or request Output intended to provide regulated advice (medical, legal, financial) or to operate safety-critical systems; (f) use the Services for biometric identification, surveillance, or other high-risk processing without our prior written consent.

11) AI-Specific Disclaimers

Probabilistic outputs: AI can be inaccurate or “hallucinate.” You must review Outputs before relying on them.

No professional advice: Outputs are informational and not professional advice.

Human-in-the-loop: You are responsible for implementing appropriate human review, especially for decisions affecting individuals.

Compliance: You are responsible for disclosures and consent (e.g., announcing “virtual receptionist,” call-recording notices, marketing consent, do-not-call compliance).

12) Service Levels, Support, and Changes

We provide reasonable efforts support during standard business hours (unless your Order Form specifies otherwise).

We may improve, change, or discontinue features; if a change materially reduces functionality, you may terminate the affected Service on 30 days’ notice and receive a pro-rata refund of prepaid, unused fees for that Service.

13) Confidentiality

Each party will keep the other’s Confidential Information confidential and use it only to perform these Terms, protecting it with reasonable measures. Exclusions: information that is public, already known, independently developed, or properly disclosed by a third party. Required disclosures by law are permitted with notice where lawful.

14) Warranties & Disclaimers

We warrant that we will provide the Services with reasonable skill and care.

EXCEPT AS EXPRESSLY STATED, THE SERVICES AND OUTPUTS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or meet your requirements.

15) Indemnities

By you: You will defend and indemnify us from claims arising out of (a) Client Content or your use of the Services in breach of law or these Terms; (b) your marketing/telecom activities; (c) your failure to obtain required consents or provide required notices.

By us: We will defend and indemnify you from third-party claims alleging that the Services (excluding Client Content, Third-Party Services, or your configurations) directly infringe UK intellectual property rights, and we may modify, replace, or refund a pro-rata portion of fees for the affected Service if we cannot resolve the claim. Your sole remedy for such claims is this indemnity.

16) Limitation of Liability

Indirect damages excluded: neither party is liable for lost profits, lost revenue, loss of goodwill, or indirect, incidental, special, exemplary, or consequential damages.

Cap: each party’s total liability arising out of or relating to the Services is limited to the fees paid or payable by you to us in the 12 months before the event giving rise to liability.

Nothing limits liability for death or personal injury caused by negligence, fraud, or other liability that cannot be excluded by law.

17) Publicity

We may identify you as a customer (name and logo) in our marketing materials and on our website, unless you object by email to [email protected].

18) Suspension

We may suspend the Services (with notice where practical) if: (a) you breach these Terms; (b) there is a security or legal risk; (c) required by a third-party provider or regulator; or (d) fees are overdue.

19) Force Majeure

Neither party is liable for delays or failures caused by events beyond its reasonable control (e.g., internet/carrier outages, third-party failures, natural disasters, war, strikes, government actions).

20) Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on our website and, for material changes, provide 30 days’ notice. Continued use after the effective date constitutes acceptance.

21) Assignment & Subcontracting

You may not assign these Terms without our prior written consent (not to be unreasonably withheld). We may assign or subcontract in connection with a reorganisation, merger, or sale of assets, or to trusted sub-processors, provided we remain responsible for our obligations.

22) Notices

Notices must be in writing and sent by email to your notified address and to [email protected], or by post to the addresses above. Notices are deemed received on the next business day after sending (email) or 2 business days after posting (UK).

23) Governing Law & Jurisdiction

These Terms and any dispute or claim (including non-contractual disputes) are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

24) Entire Agreement; Severability; Waiver

These Terms together with any Order Form/SOW are the entire agreement. If a provision is invalid, the remainder stays in effect. A failure to enforce any right is not a waiver.