Terms of Services

Echo Impact Agency

Effective Date: 19 September 2025
Contact: tomshepherd@echoimpactagency.com

Postal: Echo Impact Agency, 8 Blackheath, Colchester, CO2 0AA, England
Website: www.echoimpactagency.com

These Terms of Service explain the terms that apply when business customers access or use the services, software, AI agents, automations, and related materials provided by Echo Impact Agency.

1. Who These Terms Apply To

These Terms of Service govern your access to and use of the services, software, AI agents, automations, and related materials provided by Echo Impact Agency.

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 means our AI automations, voice/chat agents, workflows, integrations, configuration, consulting, and related support.

Client, you, and your means the business entity accepting these Terms.

Client Content means any data, prompts, inputs, recordings, transcripts, messages, files, or materials you or your end users provide or generate through the Services.

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

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

Third-Party Services means services not owned by us, such as GoHighLevel, LeadConnector/LC Phone, OpenAI, Google, Stripe, Calendly, hosting, email/SMS gateways, carriers, and similar providers.

Order of precedence: Order Form/SOW, then these Terms, then documents referenced by URL, such as the 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 such as features, deliverables, timelines, subscription terms, and pricing are set out in the applicable Order Form or Statement of Work.

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 and telecom rules, including Ofcom, PECR/ePrivacy, GDPR/UK GDPR, CAN-SPAM, TCPA/CTIA where applicable, consent requirements, and do-not-call or suppression obligations.

You must not use the Services for unlawful, harmful, or high-risk purposes.

5. Third-Party Services & Dependencies

The Services may rely on or integrate with Third-Party Services such as GoHighLevel, LeadConnector/LC Phone, OpenAI, Google, Stripe, Calendly, carriers, hosting, and email/SMS gateways.

Your use of those services is subject to their own 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 equivalent alternatives where needed.

6. Fees, Billing, Taxes, and Refunds

Fees are set out in the Order Form or Statement of Work and are payable in GBP unless stated otherwise.

Subscriptions are billed in advance. Usage and overages are billed in arrears.

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 and may result in suspension of the Services.

Fees are exclusive of VAT and other taxes. You are responsible for applicable taxes.

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 in line with your Order Form.

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

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

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

Echo Impact Agency and its licensors own all rights in the Services, software, documentation, methodologies, and templates.

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

As between you and us, we assign to you any rights we may have in Output generated for you, subject to underlying model/provider terms and your compliance with these Terms.

Output may be non-unique and similar to results generated for others.

If you provide ideas or suggestions, we may use them without restriction.

9. Data Protection & Privacy

Our Privacy Policy explains how we process personal data.

We act as Controller for data we collect for our own business, such as website and CRM data.

We act as Processor when we process personal data on your behalf, such as your leads or customers.

When acting as Processor, we will process data only on your documented instructions, implement appropriate security measures, ensure confidentiality, assist with data subject requests and incident notifications as required, delete or return personal data on termination in line with instructions and retention policy, and only engage sub-processors under written agreements with equivalent protections.

If you require a separate Data Processing Addendum, contact tomshepherd@echoimpactagency.com.

We may use data to improve and tune our models and Services, with de-identification where feasible and opt-out on request as explained in our Privacy Policy.

10. Acceptable Use & High-Risk Activities

You must not, and must not permit others to:

Reverse engineer or interfere with the Services.

Use the Services to transmit malware, spam, or illegal content.

Infringe rights or violate laws.

Attempt to circumvent usage limits or security.

Input or request Output intended to provide regulated advice, including medical, legal, or financial advice, or operate safety-critical systems.

Use the Services for biometric identification, surveillance, or other high-risk processing without our prior written consent.

11. AI-Specific Disclaimers

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

Outputs are informational and are not professional advice.

You are responsible for implementing appropriate human review, especially for decisions affecting individuals.

You are responsible for required disclosures and consent, including virtual receptionist notices, call-recording notices, marketing consent, and 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 party’s Confidential Information confidential and use it only to perform these Terms.

Each party will protect Confidential Information using reasonable measures.

Confidentiality obligations do not apply to 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

You will defend and indemnify us from claims arising out of Client Content, your use of the Services in breach of law or these Terms, your marketing or telecom activities, or your failure to obtain required consents or provide required notices.

We will defend and indemnify you from third-party claims alleging that the Services directly infringe UK intellectual property rights, excluding Client Content, Third-Party Services, or your configurations.

If needed, 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

Neither party is liable for lost profits, lost revenue, loss of goodwill, or indirect, incidental, special, exemplary, or consequential damages.

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 any other liability that cannot be excluded by law.

17. Publicity

We may identify you as a customer, including name and logo, in our marketing materials and on our website unless you object by email to tomshepherd@echoimpactagency.com.

18. Suspension

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

19. Force Majeure

Neither party is liable for delays or failures caused by events beyond its reasonable control, including internet or carrier outages, third-party failures, natural disasters, war, strikes, or 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, which will not be unreasonably withheld.

We may assign or subcontract in connection with a reorganisation, merger, 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 tomshepherd@echoimpactagency.com, or by post to the addresses above.

Notices are deemed received on the next business day after sending by email or two business days after posting within the 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.

The courts of England and Wales have exclusive jurisdiction.

24. Entire Agreement, Severability & Waiver

These Terms together with any Order Form or Statement of Work form the entire agreement.

If any provision is invalid, the remainder stays in effect.

Failure to enforce any right is not a waiver.