Terms of Service

These Terms of Service ("Terms") govern the use of the EchoWi platform and related services (the "Service") provided by EchoAI Global S.L., NIF B22997035, Calle Espronceda 40, 28003 Madrid, Spain ("EchoWi"). By using the Service, the Customer agrees to be bound by these Terms.

These Terms, together with any Order Form executed between EchoWi and the Customer, form the agreement governing the Service (the "Agreement").

The Service is intended exclusively for business customers (companies, traders, agencies and organisations acting in a professional capacity). It is not directed at consumers within the meaning of consumer protection laws.

1. Services provided

EchoWi offers a SaaS platform for Generative Engine Optimization (GEO). The Service allows the Customer to monitor and analyse brand visibility in responses generated by large language models (LLMs) and AI-driven search engines (such as ChatGPT, Claude, Gemini, Perplexity, Google AI Overviews, AI Mode, Copilot and others).

EchoWi may modify, enhance or replace specific features (including the list of integrated AI engines) at any time, in particular to comply with legal requirements, address security issues, or respond to changes by third-party providers. Material changes will be communicated with reasonable notice.

2. Acceptable use and suspension

The Customer may use the Service only for lawful purposes connected with its own business and in compliance with applicable laws. The Customer is responsible for keeping its credentials secure and shall not share them with unauthorised parties.

The Customer shall not reverse-engineer, decompile or attempt to derive the source code or algorithms of the Service; resell, sublicense or provide the Service to third parties; upload unlawful content or data infringing third-party rights; interfere with the security or normal operation of the Service; or use the Service to develop a competing product.

EchoWi may suspend access, with prior notice where reasonably feasible, in case of overdue payments under Section 4, material breach of these Terms, credible security or misuse risk, requirement from a competent authority, or maintenance or force majeure under Section 10.

3. Customer data and privacy

The Customer retains ownership of the data, content and materials it submits ("Customer Data"). By submitting Customer Data, the Customer grants EchoWi the right to process it solely to deliver the Service. The handling of personal data is subject to EchoWi's Privacy Policy, which the Customer accepts by using the Service. On termination, EchoWi will delete or return Customer Data upon the Customer's request, unless retention is required by law.

4. Fees, payment and renewal

Fees and billing cycle are set out in the Order Form or, for self-service subscriptions made directly via the EchoWi website, as set out in the pricing then in force on the website at the time of subscription.

Billing. Self-service subscriptions are charged in advance via Stripe (credit card or SEPA direct debit). Invoiced subscriptions are payable by bank transfer within thirty (30) days from the invoice date.

Price changes at renewal. EchoWi may revise fees at each renewal upon at least 30 days' prior notice. If the Customer does not accept the new fees, it may decline renewal within that period at no cost. In addition, fees may be automatically adjusted at each renewal in line with the Spanish Consumer Price Index (IPC) published by INE for the preceding 12 months.

Mid-term adjustment for third-party cost increases. If a third-party AI provider on which the Service materially depends substantially increases its prices, EchoWi may pass through a proportional adjustment to the Customer's fees upon at least 30 days' prior notice. The Customer may terminate the affected subscription within that period without further fees.

Late payment. Overdue amounts accrue statutory default interest applicable to B2B transactions under Spanish law. EchoWi may suspend access to the Service after 15 days of unpaid balance upon prior email notice.

No refunds. Fees are non-refundable, except in case of termination attributable to EchoWi.

5. Term and termination

The contract begins on the start date set out in the Order Form (or, for self-service subscriptions, on account registration) and continues for the initial term agreed.

Annual subscriptions renew automatically for successive 12-month periods unless either party gives at least 30 days' written notice of non-renewal. Monthly subscriptions are cancellable at any time with effect at the end of the current billing cycle.

Either party may terminate immediately if the other materially breaches these Terms and fails to cure within 15 days of written notice.

Upon termination, access to the Service ceases and the account is deactivated. The Customer may export its data within a reasonable period before deletion.

6. Intellectual property

All rights in the Service (software, algorithms, models, dashboards, documentation and derivatives) remain the exclusive property of EchoWi. The Customer receives a limited, non-exclusive, non-transferable, revocable licence to access and use the Service during the term solely for its own internal business purposes.

Unless the Customer objects in writing, EchoWi may identify the Customer as a client and use its name and logo in reference lists, on its website and in marketing materials.

7. Confidentiality

Each Party shall keep confidential, and shall not use except as necessary to perform this Agreement, any non-public information disclosed to it by the other Party that is identified as confidential or that a reasonable person would understand to be confidential ("Confidential Information"). This obligation continues for two (2) years after termination of this Agreement.

This obligation does not apply to information that (i) is or becomes publicly available without breach of this Agreement, (ii) was already known to the receiving Party without obligation of confidentiality, (iii) is independently developed without use of the other Party's Confidential Information, or (iv) is required to be disclosed by law or court order, provided the receiving Party gives prompt notice where legally permitted.

8. Warranties and disclaimers

Given the evolving nature of large language models and AI search engines, EchoWi does not guarantee specific rankings, visibility levels, citations or commercial outcomes. The Service is provided as an optimisation tool, not as a guarantee of results.

The Service relies on third-party AI models and APIs (such as those of OpenAI, Anthropic, Google, Perplexity and others). EchoWi is not responsible for outages, latency, errors, content, policy changes, deprecations or pricing changes of such third parties.

Except as expressly stated in this Agreement, the Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind.

The Service is intended exclusively for business customers. If the Customer is deemed a consumer under applicable law, it expressly requests immediate access upon payment and waives any right of withdrawal regarding this digital service.

9. Limitation of liability and indemnification

In no event shall EchoWi be liable for indirect or consequential damages, loss of profits, loss of data or loss of business opportunity.

To the maximum extent permitted by law, EchoWi's aggregate liability under or in connection with this Agreement shall not exceed the amount paid by the Customer to EchoWi for the Service in the twelve (12) months preceding the event giving rise to the claim. This limitation does not apply to liability arising from EchoWi's willful misconduct or gross negligence.

The Customer shall indemnify and hold EchoWi harmless from any third-party claims, damages, losses and expenses (including reasonable legal fees) arising from (i) the Customer's unlawful use of the Service, (ii) breach of this Agreement, or (iii) infringement of third-party rights by Customer Data or content submitted to the Service.

10. General provisions

Order of precedence. If the Customer has signed an Order Form or a separate Master Services Agreement with EchoWi, the terms of that signed document shall prevail over these Terms in case of conflict.

Force majeure. Neither party shall be liable for any failure or delay caused by events outside its reasonable control, including natural disasters, network failures, cyber-attacks, governmental actions, or outages or material changes in third-party AI providers.

Notices. Notices to EchoWi shall be sent to [email protected]. Notices to the Customer shall be sent to the email addresses provided at registration or in the Order Form.

Assignment. Neither party may assign this Agreement without the other's prior written consent, except to a successor in connection with a merger, acquisition or sale of substantially all its assets.

Modifications. EchoWi may amend this Agreement. Material changes will be notified to the Customer by email with at least 30 days' prior notice. If the Customer does not accept the change, it may terminate the contract within that notice period at no cost. Continued use after the changes take effect constitutes acceptance.

Survival. Provisions that by their nature are intended to survive — including Intellectual property, Confidentiality, Limitation of liability, and Governing law — shall remain in effect after termination of this Agreement.

Severability. If any provision is invalid or unenforceable, the remaining provisions continue in full force.

Entire agreement. These Terms and any Order Form executed between the Parties constitute the entire agreement between them regarding the Service and supersede all prior agreements.

Language. This Agreement has been drafted in English. Any translation is provided for convenience only; in case of inconsistency, the English version shall prevail.

Governing law and jurisdiction. This Agreement is governed by Spanish law. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Madrid, Spain.