Effective Date: April 15, 2024
Welcome to Order Echo Inc. These Terms of Service (“Terms”) govern your use of our website located at orderecho.ai (the “Website”) and the services provided through the Website (“Service”). These Terms are important and affect your legal rights, so please read them carefully.
By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you may not access or use the Service.
You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract.
2.1 Service Contracts and Renewals
This Service is provided under individual service agreements that define the specific terms, conditions, and duration of each contract. Contracts are subject to renewal under terms that may be renegotiated between Order Echo Inc. and the client. Pricing is subject to change upon contract renewal, and clients will be notified of any pricing changes at least 30 days before the renewal date
To access certain features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it up-to-date at all times.
3.1 Onboarding and Access
Access to the Service is granted following a successful onboarding process which includes verification and approval by Order Echo Inc. The specifics of the onboarding process and any requirements will be communicated at the onset of the service agreement. Not all applicants may qualify for service, depending on business needs and criteria established by Order Echo Inc.
Your use of the Service is subject to the following conditions:
All content on the Website, including text, graphics, logos, images, and software, is the property of Order Echo Inc. or its licensors and is protected by Canadian and international copyright and intellectual property laws. You are granted a limited, non-exclusive, and revocable license to access and use the Website and the Service for your personal, non-commercial use.
5.1 Customization and Modifications
As part of our Service, Order Echo Inc. may customize functionalities and features to suit the specific needs of our clients under the terms of a separate agreement. These customizations may be subject to additional terms and conditions agreed upon during the negotiation of the service contract.
5.2 API Use and Third-party Integrations
Order Echo Inc. may provide access to certain functionalities of our Service through an API or integrate with third-party services. Use of any API is subject to the terms and conditions outlined in a separate API agreement. We are not responsible for any data loss, damage, or other issues resulting from the use of third-party services integrated into our Service.
Order Echo Inc. may terminate or suspend your account and access to the Service at any time, without prior notice or liability, for any reason, including but not limited to a breach of these Terms or the service contract. Specific terms regarding termination due to contract breaches will be governed by the individual service contracts. Upon termination, your right to use the Service will immediately cease. Customers may terminate their service agreement according to the terms specified in their individual contracts.
The Service is provided on an “as is” and “as available” basis. Order Echo Inc. expressly disclaims any warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Order Echo Inc. shall not be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.
8.1 Pricing and Payments
The pricing structure for our Services is defined in the individual service contract and may vary depending on the services opted for and the level of usage. All payments are due as stipulated in the service contract. Failure to make timely payments may result in a suspension of services and legal action for recovery of the owed amounts.
8.2 Data Handling and Security
Order Echo Inc. commits to maintaining the security and protection of the personal and business data it collects and processes. We adhere to industry-standard practices and comply with applicable data protection laws to ensure that data is handled securely. Specific details on data handling practices are outlined in our Privacy Policy.
Both parties agree to keep all confidential information received from each other in strict confidence. Information is considered confidential if it is marked as such or if it is reasonably apparent it should be treated as confidential. The obligation of confidentiality shall not apply to information that is publicly known through no fault of the receiving party or is required to be disclosed by law.
9.1 Compliance with Laws
Both parties commit to comply with all applicable laws, statutes, and regulations in the performance of their obligations under these Terms.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or disagreements shall be finally settled by arbitration administered by the Canadian Arbitration Association under the provisions of its Commercial Arbitration Rules.
These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Any disputes arising from or relating to the subject matter of these Terms shall be finally settled in the courts of Ontario, Canada.
We reserve the right to modify these Terms at any time. Any changes to the Terms will be reflected in a revised version that will be accessible through our Website. Changes impacting existing service agreements will be communicated to affected clients in accordance with the notification terms specified in their contracts. Your continued use of the Service, following any amendments to these Terms, constitutes your acceptance of the revised Terms.
If you have any questions about these Terms, please contact us at [email protected].
