Terms and Conditions
These Terms apply to businesses that subscribe to Echo AI SMS (billing, trial, plans). If you are a person who receives appointment SMS from a business using Echo AI, see Terms for SMS recipients (separate document).
1. Agreement
By creating an account, starting a trial, adding a payment method, or subscribing to Echo AI SMS (the “Service”), operated by Echo AI LLC, a Washington limited liability company (“Echo AI,” “we,” “us”), you (“Customer,” “you,” the business using the Service) agree to these Terms and Conditions (the “Terms”). If you do not agree, do not use the Service or provide a payment method.
You represent that you have authority to bind the business you register.
2. The Service
Echo AI SMS provides automated SMS-based assistant features for your business (e.g. booking-related messaging). The Service is offered month-to-month unless we agree otherwise in writing.
We may modify features with reasonable notice where practicable. Material adverse changes to paid features may allow cancellation as described in Section 8.
3. Accounts and eligibility
- One Service account per business location or entity as we allow in the product.
- You are responsible for accurate account information, safeguarding credentials, and all activity under your account.
- You must comply with applicable laws (including SMS/TCPA, marketing consent, and industry rules) for messages sent to your end customers.
4. Free trial
For new signups where a trial is offered:
- Length: 30 calendar days from trial start or 500 billable messages (as defined in Section 6), whichever comes first.
- During trial: You may use the AI assistant subject to the trial message cap. No overage charges apply during the trial.
- Payment method: You must provide a valid payment method and complete our checkout flow before or when the trial starts so we can convert you to a paid plan when the trial ends.
- Plan selection: You choose a paid plan tier (Starter, Growth, or Pro) at signup. When the trial ends, you are enrolled in that plan unless you cancel before conversion.
- After trial: The trial ends automatically when the time or message cap is reached. We charge the monthly subscription fee for your selected plan and begin the paid billing period (see Section 5). Trial usage does not count toward your first paid period’s included message allowance.
- Failed payment at conversion: If we cannot charge your payment method when the trial converts, we may suspend automated AI replies and show a fallback message to your customers until payment succeeds.
We may change or end trial offers for new signups with notice where required.
5. Subscription, fees, and billing
5.1 Plans and prices
Current standard plans (USD, subject to change with notice):
| Plan | Monthly fee | Included billable messages / period | Overage (per message over included) |
|---|---|---|---|
| Starter | $99 | 500 | $0.30 |
| Growth | $249 | 2,000 | $0.18 |
| Pro | $399 | 5,000 | $0.10 |
Prices are exclusive of applicable taxes unless stated otherwise. We use Stripe (or another processor we designate) to collect payment.
5.2 Billing period (anniversary)
Your subscription renews on an anniversary basis: each billing period starts on the date your paid subscription begins (or converts from trial) and renews approximately each month on that cycle. Your next charge date is shown in the dashboard and/or Stripe customer portal. We do not guarantee that all customers share the same calendar billing date.
5.3 Included messages and overage
- Included messages are outbound billable messages (Section 6) we count toward your plan limit each billing period.
- Inbound messages from your customers are not counted toward included limits unless we state otherwise.
- If you exceed included messages in a billing period, the Service continues to operate and you pay overage fees at the rate for your current plan. We do not automatically upgrade your plan; you may voluntarily upgrade (Section 5.5).
- Overage is billed as usage-based charges on your subscription invoice for that period.
5.4 Invoices and payment
- Subscription and overage charges appear on Stripe invoices charged to your payment method on file.
- You authorize us and Stripe to charge recurring fees and applicable overage.
- Failed payments: We may retry charges per Stripe’s settings. If payment fails, we may mark your account past due, suspend AI messaging, and send fallback replies to your customers until payment is received. Continued non-payment may lead to cancellation and account wind-down (Section 8).
- Stripe may send its own payment-related emails in addition to ours.
5.5 Plan changes (voluntary upgrade or downgrade)
- You may change plans through our dashboard, Stripe Customer Portal, or other flows we provide.
- Upgrades may result in a prorated charge for the remainder of the current billing period (as calculated by Stripe). Your included message allowance for the current period updates to the new plan’s allowance; usage already counted in the period is not reset when you upgrade mid-period.
- Downgrades may take effect at the next renewal or immediately per the flow we show you; credits or prorations are handled per Stripe rules.
- We do not automatically change your plan based on usage volume.
5.6 Taxes
You are responsible for applicable taxes. We may collect tax where Stripe or law requires.
6. What counts as a billable message
For billing and trial limits, a billable message generally means:
- An outbound SMS (or equivalent) sent by the automated assistant on your behalf, when our system marks it billable under our technical policy.
Typically not billable (examples):
- Inbound messages from your customers.
- Additional SMS segments of one logical long message (we count one billable message for the logical send).
- Duplicate retries of the same content to the same recipient within a short window (e.g. five minutes), except where our policy states otherwise.
We maintain internal metering as the source of truth for included and overage usage. Stripe bills according to quantities we report for overage.
7. Usage notifications
We may email or notify you (English) when you approach or exceed included usage (e.g. at 70%, 90%, and 100% of included messages, and periodically when usage exceeds 100% by substantial increments such as every 20% of your included allowance). Notifications may include links to upgrade or view usage. You are responsible for monitoring usage and costs.
8. Cancellation and termination
8.1 Cancellation by you
You may cancel your subscription through the dashboard, Stripe Customer Portal, or by contacting us. Cancellation is typically effective at the end of the current billing period (cancel at period end). Until then, you remain responsible for fees accrued.
After you cancel:
- We may immediately disable automated AI replies and send a short fallback message to customers texting your number.
- After a grace period (e.g. 30 days) following subscription end, we may archive data, release your SMS number, and stop automated replies entirely.
8.2 Termination or suspension by us
We may suspend or terminate access for breach of these Terms, non-payment, fraud, abuse, chargebacks, or legal risk. Non-payment follows Section 5.4.
8.3 No refund for partial periods (default)
Unless required by law or stated in a separate written agreement, subscription fees are non-refundable for unused time in a billing period after service has been available. Overage charges are non-refundable once billed. If we issue a refund or credit, it is at our discretion unless law requires otherwise.
9. Chargebacks and disputes
If you dispute a charge with your bank (chargeback), we may suspend the Service pending resolution. If the dispute is resolved against us, we may terminate your subscription and pursue amounts owed. You agree to contact us first to resolve billing errors.
10. Acceptable use
You will not use the Service for unlawful, harassing, or spam purposes; without proper consent for SMS; or to transmit prohibited content. We may suspend the Service for violations.
Your relationship with your customers (consent, privacy, content) is your responsibility.
11. Privacy and data
Our Privacy Policy describes how we handle data. It is a separate document from these Terms. You are responsible for your own privacy notices and consents to your customers.
12. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE OPERATION.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUE. OUR TOTAL LIABILITY FOR CLAIMS ARISING OUT OF THESE TERMS OR THE SERVICE IN ANY 12-MONTH PERIOD IS LIMITED TO THE FEES YOU PAID US FOR THE SERVICE IN THAT 12-MONTH PERIOD (OR $100 IF GREATER LIABILITY IS REQUIRED BY LAW).
Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the fullest extent permitted.
14. Indemnity
You will defend and indemnify us against claims arising from your use of the Service, your messages to end customers, or your breach of these Terms.
15. Governing law and disputes
These Terms are governed by the laws of the State of Washington, USA, without regard to conflict-of-law rules. Except where prohibited by law, you and Echo AI agree to the exclusive jurisdiction of the state and federal courts located in King County, Washington, for disputes arising out of these Terms or the Service, and you consent to personal jurisdiction in those courts.
16. Changes to these Terms
We may update these Terms. We will post the new version with a new “Last updated” date and, where required, provide notice before material changes apply to existing paid customers. Continued use or payment after the effective date constitutes acceptance.
17. Contact
Echo AI LLC
8208 145th Ct NE, Redmond, WA 98052, USA
Billing / support:
echoaiclient@gmail.com
Summary: Trial — 30 days or 500 messages, then your selected paid plan. Billing renews monthly on your subscription anniversary. Overage applies over included messages; we do not auto-upgrade your plan.