Terms and Conditions

Welcome to Echo Service Solution ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of our website and services, including job management, estimates, field service, invoicing, customer payments, timesheets, procurement, inventory, accounting, and related features (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

• "Platform" refers to the Echo Service Solution software and website
• "Instance" refers to the private hosted workspace we run for your business
• "User," "you," or "your" refers to any individual or entity using our Services
• "Your Customers" refers to the people and businesses you serve and send estimates, invoices, or messages to through the Services
• "Content" refers to all information, data, text, software, or materials uploaded or submitted through the Services
• "Subscription" refers to your paid access to our Services

To use our Services, you must:

• Be at least 18 years old
• Register for an account with accurate, complete information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access

You are responsible for:

• All activities that occur under your account
• Maintaining the confidentiality of your login credentials
• Ensuring your team members comply with these Terms

Depending on the features enabled on your Instance, the Services include:

• Job management: logging job requests, tracking job status, and scheduling work
• Estimates: creating estimates with multiple options, online approval and signature, and revision history
• Field service: crew scheduling, site visits, equipment, subcontractors, and permits
• Invoicing and payments: invoices, deposits, and online card payments through your own Stripe account
• Messaging: sending estimates, invoices, and campaigns by email and SMS
• Operations: timesheets, procurement, inventory, documents, and tasks
• Accounting: financial reports and budgets

We improve the Services over time. Features may be added, changed, or retired, and we will give reasonable notice before removing a feature that is central to how you use the Services.

Subscription terms

• Subscription fees are billed monthly in advance, in Canadian dollars unless otherwise stated
• Your subscription automatically renews at the end of each billing period using the payment method on file, until you cancel
• You can cancel at any time from the dashboard. Cancellation takes effect at the end of the current paid period, and you keep access until then
• We reserve the right to modify pricing with at least 30 days notice; price changes apply to the next billing period after notice

Refunds

• Subscription fees are non-refundable except where required by applicable consumer-protection law
• If you cancel mid-period, you are not entitled to a pro-rated refund for the remaining days
• If we suspend or terminate your account for a violation of these Terms, no refund is owed
• If we discontinue the Services entirely, we will pro-rate and refund any fees paid for the unused period
• Refund requests must be sent to contact@echoservicesolution.com within 30 days of the charge

Free trials

• Free trial periods do not require payment information and end automatically. No charges are made unless you choose to subscribe

Payment processing

• Subscription payments are processed through Stripe; we do not store full credit card numbers on our servers
• Failed payments may result in service suspension after a grace period; we will email you before suspending
• You are responsible for keeping your payment method current
• You are responsible for all applicable taxes (GST/HST/PST) in addition to subscription fees

The Services let Your Customers pay deposits and invoices online. These payments work differently from your subscription:

• You connect your own Stripe account. Payments from Your Customers are made to that account, not to us
• We do not take a commission or fee on those payments. Stripe's own fees and terms apply between you and Stripe
• We are not a party to any transaction between you and Your Customers
• You are responsible for your pricing, refunds, chargebacks, disputes, and taxes with Your Customers
• We are not liable for payments that fail, are delayed, or are reversed by Stripe or a card issuer

You agree to:

• Use the Services in compliance with all applicable laws
• Maintain accurate and up-to-date information
• Not engage in any unauthorized access or use of the Services
• Not introduce malicious code or conduct security attacks
• Not use the Services for any illegal or harmful purposes

Email and SMS

• You are responsible for the messages you send through the Services and for having the consent required to send them, including under Canada's Anti-Spam Legislation (CASL)
• Marketing emails and texts must identify your business and include a working way to unsubscribe
• We may suspend messaging on accounts that send spam or receive excessive complaints

Data collection and use

• We collect and process data as described in our Privacy Policy
• You retain ownership of all data you submit through the Services
• We implement reasonable security measures to protect your data

Data processing

• We process data in accordance with applicable data protection laws
• You are responsible for obtaining necessary consents from Your Customers
• We may use anonymized data for service improvement

Backups

• We back up each Instance automatically on a daily schedule and will make reasonable efforts to restore your data from backup if something goes wrong
• Backups are a safety net, not a guarantee. We recommend you export important records periodically

Our rights

• We retain all rights to the Platform and Services
• Our trademarks and branding may not be used without permission
• The Platform's code, design, and features are our intellectual property

Your rights

• You retain ownership of your content and data
• You grant us a license to host and process your content only as needed to provide the Services
• You warrant that your content does not infringe others' rights

Availability

• We strive for 99.9% uptime but do not guarantee uninterrupted service
• We perform maintenance with advance notice when possible
• We are not liable for downtime due to factors beyond our control

Support

• Technical support is provided during business hours
• Response times vary based on issue severity
• Additional support terms may apply based on your subscription level

Disclaimer

The Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or completely secure.

Limitation of liability

To the maximum extent permitted by applicable law:

• We are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if we have been advised of the possibility of such damages
• Our aggregate liability for any claim arising out of or related to the Services is limited to the total subscription fees you paid us in the 12 months immediately preceding the event giving rise to the claim
• Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, gross negligence, or willful misconduct

Termination rights

• You may cancel your subscription at any time from the dashboard, as described in the Subscription and Payments section
• We may suspend or terminate service for violations of these Terms

Effect of termination

• Access to the Services ends at the close of your final paid period
• You must pay all outstanding fees
• You may export your data within 30 days after your access ends, after which your Instance and its backups are permanently deleted
• Provisions that by their nature should survive termination will survive, including ownership, payment obligations, and limitation of liability

We may modify these Terms from time to time. We will notify you of material changes by email or through the Platform before they take effect. Continued use of the Services after changes take effect constitutes acceptance of the modified Terms.

These Terms are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to its conflict-of-laws rules.

You agree that any dispute, claim, or proceeding arising out of or related to these Terms or the Services will be brought exclusively in the courts located in the Province of Alberta, Canada. You consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.