EchoFlow Terms & Conditions

1. ABOUT THESE TERMS

These Terms and Conditions govern your use of EchoFlow services provided by Echo Studios AU Pty Ltd. By subscribing to EchoFlow, you agree to be bound by these terms.

Effective Date: These terms take effect when you complete payment for EchoFlow services.

2. DEFINITIONS

"EchoFlow"

means the marketing automation and CRM implementation service provided by Echo Studios, including website development, GoHighLevel platform access, automation setup, and ongoing support.

"Base Subscription"

means your monthly recurring fee for core EchoFlow services, excluding usage-based charges.

"Usage Costs"

means variable charges for SMS messages, phone calls, excessive bandwidth, or optional premium features.

"Foundation Pricing"

means the permanently locked-in pricing offered to the first 200 customers in each market (US and Australia).

"You/Your"

means the individual or business entity subscribing to EchoFlow services.

"We/Us/Our"

means Echo Studios AU Pty Ltd and its subsidiaries.

"Service Period"

means each monthly billing cycle of your subscription.

3. SERVICE DESCRIPTION

3.1 What's Included in Your Base Subscription

Your monthly EchoFlow subscription includes:

• Custom Website Development: We build a professional website specifically for your business (no separate setup fee)
• Website Hosting: Standard hosting for up to 10,000 monthly visitors
• GoHighLevel CRM Platform: Full access to CRM, pipeline management, and contact database
• Marketing Automation: Core automation workflows including speed-to-lead, missed call text-back, and email sequences
• Booking Calendar: Appointment scheduling with automated reminders
• Support: Email and phone support during business hours (AEST/AEDT)

3.2 Usage-Based Charges (Billed Separately)

The following services incur additional charges:

• SMS/Text Messages: Charged per message sent (rates vary by country)
• Phone Calls: Charged per minute (rates vary by country)
• Excessive Bandwidth: Traffic exceeding 10,000 monthly website visitors
• Premium Features: Optional add-ons including advanced integrations, additional users, or custom development
• Third-Party Services: Any external services you choose to integrate

Usage Notification: We will notify you before usage charges exceed $50 USD in any billing period.

3.3 What EchoFlow Is NOT

• A standalone website design service (that's EchoSite)
• A design subscription service (that's EchoJoy)
• A full-service marketing agency (that's Echo Studios)
• A replacement for your business operations or decision-making

4. PRICING & PAYMENT

4.1 Foundation Pricing (Permanently Locked)

Foundation Pricing Guarantee: If you secure Foundation Pricing, your base subscription rate is locked in permanently for as long as you remain an active customer. This lock-in applies to your base subscription only; usage costs and optional features are billed separately.

4.2 Standard Pricing Adjustments

For customers on Standard Pricing (not Foundation Pricing), we reserve the right to adjust pricing with the following conditions:

• Maximum Increase: 10% annually
• Notice Period: 30 days' written notice before any price increase
• Your Options: You may accept the new pricing or cancel your subscription
• Cancellation During Notice: If you cancel within the 30-day notice period, the price increase does not apply to you. Standard 14-day cancellation notice applies from the date you notify us.

4.3 Scope Increases

We may adjust your pricing if:

• You request additional services beyond the original scope
• Your usage significantly exceeds standard parameters (e.g., 50,000+ monthly website visitors)
• You require custom development or advanced features

Process: We will provide a written quote before proceeding with any scope increase. You are under no obligation to accept additional services or pricing changes.

4.4 Payment Terms

• Billing Cycle: Monthly, in advance
• Payment Method: Credit card, debit card, or bank transfer (as agreed)
• Automatic Renewal: Your subscription automatically renews each month unless cancelled
• Failed Payments: If payment fails, we will attempt to process payment for 7 days. After 7 days, your service may be suspended until payment is received.
• Sales Tax: Australian customers pay GST. US customers pay no sales tax.

4.5 Third-Party Platform Costs

Your EchoFlow subscription does not include:

• Domain registration fees (typically $15-$30 USD annually)
• Premium third-party integrations you choose to enable
• Advertising spend (Google Ads, Facebook Ads, etc.)

These costs are your responsibility and billed directly by the respective providers.

5. WEBSITE LICENSING & OWNERSHIP

5.1 Website Ownership

Important: The website we develop as part of your EchoFlow subscription remains the intellectual property of Echo Studios AU Pty Ltd.

5.2 Website Source Code Purchase Option

Upon service termination, you may purchase your website source code and files.

If You Don't Purchase: We will decommission your website within 30 days of your final billing date.

5.3 Your Content & Data

Our License to Your Content: During your subscription, you grant us a license to use your content for the purpose of providing EchoFlow services, including displaying it on your website and in marketing materials.

6. DOMAIN REGISTRATION SERVICES

6.1 Domain Facilitation

We assist with domain registration through third-party registrars, primarily GoDaddy and Namecheap.

6.2 Domain Ownership

The domain name is registered to you and remains your property regardless of your EchoFlow subscription status.

7. THIRD-PARTY PLATFORMS & SERVICES

7.1 Platform Dependencies

EchoFlow is built on enterprise-grade third-party platforms:

• GoHighLevel / LeadConnector: CRM and automation platform
• Vercel: Website hosting infrastructure
• GitHub: Source code repository
• N8N / Zapier: Workflow automation and integrations
• Twilio: SMS and phone communication services

7.2 Platform Limitations

7.3 Data Storage & Backup

Backup Policy: These platforms maintain their own backup and security protocols. We are not responsible for platform-level data loss or security failures. You are responsible for maintaining your own backups of critical business data.

Data Access: You may export your data from GoHighLevel at any time through the platform's native export features.

8. SERVICE LEVEL & SUPPORT

8.1 Service Availability

We aim for 99.9% uptime for services under our direct control (website hosting). However, we cannot guarantee uninterrupted service due to:

• Third-party platform maintenance or outages
• Internet service provider issues
• Force majeure events
• Security incidents requiring service suspension

8.2 Support Channels

8.3 Scheduled Maintenance

We may perform scheduled maintenance with 48 hours' notice. Emergency maintenance may occur without notice.

9. SUBSCRIPTION MANAGEMENT

9.1 Cancellation Process

Cancellation Timing: You must provide 14 days' notice before your next billing cycle. If you cancel within 14 days of your renewal date, you will be charged for one additional month. Service continues until the end of your paid period.

9.2 Refund Policy

9.3 Service Suspension

We may suspend your service without notice if:

• Payment fails and remains unpaid for 7+ days
• You breach these terms in a material way
• Your account is used for illegal activities
• Your website creates security risks for other customers

Reinstatement: Pay outstanding balance plus $50 USD reactivation fee.

10. ACCEPTABLE USE POLICY

10.1 Prohibited Uses

You may not use EchoFlow for:

• Illegal activities or promoting illegal goods/services
• Spam, unsolicited marketing, or email list sales
• Adult content, pornography, or sexually explicit material
• Gambling services (where prohibited by law)
• Pyramid schemes or multi-level marketing
• Content that infringes intellectual property rights
• Malware distribution or hacking activities
• Impersonation or identity theft

10.2 Website Content Restrictions

Your website must not contain:

• Defamatory, threatening, or harassing content
• Content promoting violence or discrimination
• Misleading or deceptive representations (violating consumer protection laws)
• Excessive file sizes causing server resource issues
• Content that violates third-party terms of service

10.3 SMS & Communication Compliance

11. INTELLECTUAL PROPERTY

11.1 Our Intellectual Property

All EchoFlow systems, software, workflows, automations, templates, and related intellectual property remain the exclusive property of Echo Studios AU Pty Ltd.

11.2 Your Intellectual Property

You retain ownership of:

• Your business name, logos, and trademarks
• Content you provide (text, images, videos)
• Your customer data and contact lists
• Your business processes and methodology

11.3 License to Use Your Content

You grant us a license to:

• Display your content on your website and in marketing materials
• Use your business name/logo to identify you as a customer
• Create case studies or testimonials (with your prior approval)

You may revoke this license by requesting removal in writing.

12. LIABILITY & DISCLAIMERS

12.1 Service Disclaimer

EchoFlow is provided "as is" without warranties of any kind. We do not guarantee:

• Specific results or revenue increases
• Uninterrupted or error-free service
• Compatibility with all third-party services
• That EchoFlow meets your specific requirements

12.2 Limitation of Liability

Maximum Liability: Our total liability to you for any claims arising from EchoFlow services is limited to the amount you paid for the service in the 12 months preceding the claim, up to a maximum of $10,000 USD.

12.3 Third-Party Platform Liability

We are not responsible for:

• GoHighLevel, Vercel, GitHub, N8N, or Twilio service outages
• Changes to third-party platform features or pricing
• Data breaches at third-party platforms
• Third-party platform terms violations

12.4 Your Indemnity

You agree to indemnify and hold us harmless from any claims arising from:

• Your use of EchoFlow services
• Your website content or business practices
• Your violation of laws or regulations
• Intellectual property infringement by your content
• Spam or communication violations

13. DATA PROTECTION & PRIVACY

13.1 Privacy Policy

Your use of EchoFlow is also governed by our Master Privacy Policy, available at get.echoflow.au/en-US/privacy.

13.2 Data Protection Summary

13.3 Data Retention

• Active subscription: Data retained for service provision
• After cancellation: Data retained for 30 days (unless you purchase website)
• Financial records: Retained for 7 years (Australian tax law requirement)

14. TERM & TERMINATION

14.1 Contract Term

This agreement begins when you complete your first payment and continues on a month-to-month basis until terminated by either party.

14.2 Termination by You

See Section 9.1 for cancellation process.

14.3 Termination by Us

We may terminate your service immediately if:

• You breach these terms in a material way
• Your account is 30+ days past due
• You engage in prohibited uses (Section 10)
• Continuing service would violate applicable laws
• You provide false information during signup

Notice: We will provide 14 days' notice for non-payment terminations (unless immediate termination is required for security/legal reasons).

14.4 Effects of Termination

Upon termination:

• Your website license ends and site is decommissioned (unless purchased)
• GoHighLevel access is revoked
• You have 30 days to export your data
• Outstanding balances remain due
• Usage charges for the final period are billed

14.5 Survival

The following sections survive termination:

• Payment obligations
• Intellectual property provisions
• Liability limitations
• Indemnification obligations

15. DISPUTE RESOLUTION

15.1 Governing Law

These terms are governed by the laws of Victoria, Australia.

15.2 Dispute Process

Before initiating legal action, you agree to:

• Direct Negotiation: Contact us at hello@echoflow.au to resolve the dispute
• 30-Day Resolution Period: We will work in good faith to resolve the issue within 30 days
• Mediation: If unresolved, participate in mediation before litigation

15.3 Jurisdiction

You agree that any legal proceedings will be brought exclusively in the courts of Victoria, Australia.

16. GENERAL PROVISIONS

16.1 Changes to Terms

We may update these terms with 30 days' notice. Changes will be posted at get.echoflow.au/en-US/terms and emailed to your account email.

Material Changes: For significant changes affecting pricing or service scope, you may cancel within 30 days without penalty.

16.2 Assignment

You may not transfer or assign your EchoFlow subscription without our written consent.

We may assign these terms to a successor company in the event of merger, acquisition, or sale of assets.

16.3 Entire Agreement

These terms, together with our Privacy Policy, constitute the entire agreement between you and Echo Studios regarding EchoFlow services.

16.4 Severability

If any provision is found unenforceable, the remaining provisions continue in full effect.

16.5 Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

16.6 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, pandemics, government actions, or internet infrastructure failures.

16.7 Notices

Notices are deemed received: Email: 24 hours after sending | Mail: 5 business days after posting

16.8 Relationship

You and Echo Studios are independent contractors. Nothing in these terms creates a partnership, joint venture, or employment relationship.

17. QUESTIONS & CONTACT

For questions about these terms:

Last Updated: December 15, 2025
Version: 1.0

By subscribing to EchoFlow, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.