Comprehensive Terms and Conditions

Echora Pulse | Effective Date: January 1, 2026

Echora Pulse | Contact: [email protected]

INTRODUCTION

These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between Echora Pulse ("Company," "we," "us," or "our") and you ("User," "Client," "you," or "your") governing your access to and use of all Echora Pulse services, platforms, AI communication systems, websites, and associated technologies.

Please read these Terms carefully before accessing or using any Echora Pulse service. By accessing our website, registering for an account, executing a service agreement, or interacting with any Echora Pulse-powered communication system, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately discontinue all use of Echora Pulse services.

These Terms apply to all users of Echora Pulse services, including business clients who deploy our AI communication systems, end users who interact with those systems, and any individual or entity who accesses our website or platform for any purpose.

SECTION 1: DEFINITIONS

The following definitions apply throughout these Terms and Conditions:

"Echora Pulse" refers to the Company, its officers, directors, employees, contractors, agents, subsidiaries, and affiliates.

"Services" refers to all AI Voice Agent systems, AI Chat Agent systems, lead capture tools, appointment booking systems, SMS and email communication services, CRM integrations, analytics and reporting tools, and all other products and services offered by Echora Pulse.

"Client" refers to any business or individual that has entered into a service agreement with Echora Pulse for the deployment of one or more Echora Pulse services.

"End User" refers to any individual who interacts with an Echora Pulse-powered communication system deployed by a Client, including customers, leads, and prospective customers of the Client.

"Platform" refers to the Echora Pulse technology infrastructure, software systems, AI models, communication tools, and associated platforms used to deliver the Services.

"AI Voice Agent" refers to the automated, AI-powered voice communication system developed and deployed by Echora Pulse to handle inbound and outbound telephone calls on behalf of Clients.

"AI Chat Agent/System" refers to the automated, AI-powered text-based communication system developed and deployed by Echora Pulse to handle website visitor engagement, lead qualification, and customer communications on behalf of Clients.

"Content" refers to all text, scripts, knowledge base information, branding materials, audio recordings, and other materials provided by the Client for use in configuring and operating the Services.

"Personal Data" refers to any information that identifies or could reasonably be used to identify a specific individual, as defined by applicable privacy laws.

"A2P Messaging" refers to Application-to-Person SMS messaging conducted through Echora Pulse systems on behalf of Clients.

"Subscription Fee" refers to the recurring monthly or annual fee charged by Echora Pulse for access to and use of the Services as specified in the Client's service agreement.

"Usage Fees" refers to variable charges billed based on actual usage of the Services, including but not limited to call minutes, SMS messages, transcription, recording storage, and bilingual processing fees.

SECTION 2: ACCEPTANCE OF TERMS

2.1 Agreement to Terms

By accessing or using any Echora Pulse service, you confirm that you are at least 18 years of age, have the legal authority to enter into binding agreements, have read and understood these Terms in their entirety, and agree to be bound by these Terms and all policies incorporated herein by reference, including the Echora Pulse Privacy Policy.

2.2 Business Clients

If you are entering into these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" throughout these Terms shall apply to both you individually and the entity on whose behalf you are acting.

2.3 Updates to Terms

Echora Pulse reserves the right to modify these Terms at any time. Material changes will be communicated via email notification to the address on file or through a prominent notice on our website. Your continued use of the Services following notification of changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must discontinue use of the Services and notify Echora Pulse in writing.

SECTION 3: SERVICES

3.1 Service Description

Echora Pulse provides AI-powered voice and chat communication systems designed to help businesses capture leads, answer calls, engage website visitors, qualify prospects, and book appointments automatically. The specific services available to each Client are defined in the Client's executed service agreement or selected subscription plan.

3.2 Service Availability

Echora Pulse makes commercially reasonable efforts to maintain continuous availability of its Services. However, we do not guarantee uninterrupted or error-free operation of the Services at all times. Scheduled maintenance, emergency repairs, third-party service disruptions, and circumstances beyond our reasonable control may result in temporary service interruptions. Echora Pulse will make reasonable efforts to provide advance notice of scheduled maintenance and to minimize unplanned downtime.

3.3 Service Modifications

Echora Pulse reserves the right to modify, update, enhance, or discontinue any feature or component of the Services at any time, with or without prior notice. We will make reasonable efforts to notify Clients of material changes to the Services that may affect their use. Discontinuation of a core service feature will be communicated with a minimum of 30 days advance notice where commercially practicable.

3.4 Third-Party Integrations

The Services may integrate with third-party platforms including but not limited to GoHighLevel, ServiceTitan, Housecall Pro, Jobber, Twilio, and other CRM, scheduling, and telecommunications providers. Echora Pulse does not warrant the performance, availability, or accuracy of any third-party platform and shall not be liable for any service disruptions, data loss, or other issues arising from third-party platform failures or changes. Clients are responsible for maintaining valid accounts and agreements with all third-party platforms required for their service configuration.

3.5 AI System Limitations

The Client acknowledges that AI Voice Agents and AI Chat Systems, while highly capable, are automated systems with inherent limitations. Echora Pulse does not guarantee that the AI systems will correctly handle every possible call or chat scenario, accurately interpret every caller or visitor inquiry, or produce results identical to those of a human operator in all circumstances. The Client accepts responsibility for monitoring AI system performance and promptly notifying Echora Pulse of any performance issues or errors that require correction.

SECTION 4: CLIENT OBLIGATIONS

4.1 Account Registration & Security

Clients must provide accurate, complete, and current information during registration and throughout the duration of the service relationship. Clients are responsible for maintaining the confidentiality of their account credentials and for all activities conducted under their account. Clients must notify Echora Pulse immediately of any unauthorized access to or use of their account.

4.2 Lawful Use

Clients agree to use the Services exclusively for lawful purposes and in full compliance with all applicable federal, state, and local laws and regulations. Clients may not use the Services to engage in any activity that is illegal, deceptive, harmful, or violates the rights of any third party.

4.3 Content Responsibility

Clients are solely responsible for all Content provided to Echora Pulse for use in configuring the Services, including scripts, knowledge base information, pricing details, service descriptions, and branding materials. Clients represent and warrant that all Content provided is accurate, lawful, and does not infringe the intellectual property rights or other rights of any third party. Echora Pulse reserves the right to refuse to deploy or to remove any Content that we determine, in our sole discretion, to be unlawful, deceptive, harmful, or in violation of these Terms.

4.4 Consent Obligations

Clients are solely responsible for obtaining all legally required consents from End Users prior to initiating any automated call, AI Voice Agent interaction, or SMS communication through the Echora Pulse platform. This includes but is not limited to obtaining prior express written consent for all marketing or promotional SMS messages and automated marketing calls as required by the TCPA, maintaining accurate and complete records of all consents obtained, honoring all opt-out and Do Not Contact requests promptly and permanently, and ensuring that all consent language presented to End Users accurately describes the nature and frequency of communications the End User will receive.

4.5 Compliance Responsibility

While Echora Pulse designs its systems to facilitate regulatory compliance, the Client bears ultimate responsibility for ensuring that their use of the Services complies with all applicable laws and regulations, including the TCPA, CAN-SPAM Act, A2P 10DLC requirements, state privacy laws, and all applicable FCC and FTC regulations. Echora Pulse provides compliance tools and guidance but does not provide legal advice and shall not be liable for any regulatory violations arising from the Client's use of the Services.

4.6 A2P Registration Obligations

Clients who use Echora Pulse systems to send SMS messages are required to complete all necessary A2P 10DLC brand and campaign registrations through The Campaign Registry prior to initiating any SMS messaging campaigns. Clients must ensure that their registered campaign use cases accurately reflect the nature of the SMS messages being sent. Clients must maintain active and valid registrations for the duration of their SMS messaging activities. Clients must promptly update their registrations if their messaging use cases, business information, or contact details change. Echora Pulse may suspend SMS messaging capabilities for any Client that fails to maintain valid A2P registrations or whose registrations are rejected or suspended by The Campaign Registry or wireless carriers.

SECTION 5: FEES, BILLING & PAYMENT

5.1 Subscription Fees

Clients agree to pay the monthly or annual Subscription Fee associated with their selected service plan as specified in their service agreement. Subscription Fees are billed in advance at the beginning of each billing period. All Subscription Fees are stated in US dollars and are exclusive of applicable taxes unless otherwise specified.

5.2 Usage Fees

In addition to Subscription Fees, Clients acknowledge and agree that the following usage-based fees apply and are billed monthly based on actual usage during the billing period:

AI Voice Interaction Costs: Variable charges based on the number of minutes of AI Voice Agent interaction processed during the billing period.

Call Minute Charges: Inbound and outbound call minute fees associated with telephone calls routed through the Echora Pulse platform, billed at the rates specified in the Client's service agreement.

Call Transcription Fees: Per-minute charges for the transcription of call recordings where this feature is enabled.

Call Recording Storage Fees: Per-minute-per-month charges for the storage of call recordings retained beyond the standard included period.

SMS Messaging Fees: Per-message charges for inbound and outbound SMS communications processed through the platform.

Bilingual Processing Fees: Additional fees associated with AI voice and chat interactions conducted in languages other than English, including Spanish language processing fees applicable to bilingual HVAC and other service configurations.

Carrier & Compliance Fees: Pass-through fees charged by wireless carriers and The Campaign Registry for A2P messaging, including monthly campaign fees and per-message carrier surcharges.

Overage Fees: Charges applicable when usage exceeds the limits defined in the Client's selected plan, billed at the overage rate specified in the service agreement.

5.3 Fee Changes

Echora Pulse reserves the right to modify Subscription Fees and Usage Fee rates with a minimum of 30 days written notice to the Client. Continued use of the Services following the effective date of a fee change constitutes acceptance of the updated fees. If a Client does not accept the updated fees, they may terminate the Services in accordance with the termination provisions of these Terms prior to the effective date of the fee change.

5.4 Payment Terms

All invoices are due and payable within 7 days of the invoice date unless otherwise specified in the Client's service agreement. Echora Pulse accepts payment via credit card, ACH bank transfer, and other payment methods specified at the time of account setup. Clients authorize Echora Pulse to charge the payment method on file for all Subscription Fees, Usage Fees, and any other charges arising under these Terms.

5.5 Late Payment

Accounts with outstanding balances beyond 14 days from the invoice due date may be subject to a late payment fee of 1.5% per month on the outstanding balance, or the maximum rate permitted by applicable law, whichever is lower. Echora Pulse reserves the right to suspend or terminate Services for accounts with outstanding balances beyond 30 days from the invoice due date, without liability to the Client for any resulting service disruption.

5.6 Disputed Charges

Clients who wish to dispute any charge on their invoice must notify Echora Pulse in writing within 30 days of the invoice date. Disputes submitted after this period will not be considered and the charges will be deemed accepted. Echora Pulse will investigate all good-faith billing disputes and respond within 10 business days.

5.7 Taxes

Clients are responsible for all applicable sales, use, value-added, and other taxes arising from their use of the Services. Where Echora Pulse is required by law to collect taxes, such taxes will be added to the Client's invoice. Clients who are exempt from applicable taxes must provide valid exemption documentation prior to the commencement of services.

5.8 Setup & Onboarding Fees

A one-time setup and onboarding fee applies to all new Client engagements. This fee covers the complete build, configuration, and deployment of the Client's AI communication system, including knowledge base development, service-specific scripting, system integrations, bilingual configuration where applicable, quality assurance testing, and client onboarding. The setup fee is due prior to commencement of work and is non-refundable upon completion of the onboarding and deployment process, regardless of whether the Client subsequently elects to discontinue the Services.

SECTION 6: INTELLECTUAL PROPERTY

6.1 Echora Pulse Intellectual Property

All intellectual property rights in and to the Echora Pulse platform, AI systems, software, technology, methodologies, workflows, scripts, templates, and all other materials developed by Echora Pulse are and shall remain the exclusive property of Echora Pulse. Nothing in these Terms grants the Client any ownership interest in or license to any Echora Pulse intellectual property beyond the limited right to use the Services as expressly described in these Terms.

6.2 Client Content License

By providing Content to Echora Pulse for use in configuring the Services, the Client grants Echora Pulse a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and incorporate that Content solely for the purpose of delivering the Services to the Client. This license terminates upon the conclusion of the Client's service relationship with Echora Pulse.

6.3 Feedback & Suggestions

Any feedback, suggestions, ideas, or recommendations provided by the Client to Echora Pulse regarding the Services may be used by Echora Pulse without restriction or compensation to the Client. The Client waives any rights they may have in such feedback to the extent permitted by applicable law.

6.4 Restrictions

Clients may not copy, reproduce, modify, reverse engineer, decompile, disassemble, or create derivative works based on any Echora Pulse technology or intellectual property. Clients may not sublicense, resell, or transfer access to the Services to any third party without prior written authorization from Echora Pulse. Clients may not use the Echora Pulse name, logo, or trademarks in any manner without prior written consent.

SECTION 7: CONFIDENTIALITY

7.1 Confidential Information

Each party acknowledges that in the course of the service relationship they may receive or have access to confidential information belonging to the other party, including but not limited to business strategies, pricing information, technical specifications, customer data, proprietary methodologies, and financial information.

7.2 Non-Disclosure Obligations

Each party agrees to hold the other party's confidential information in strict confidence, to use confidential information solely for the purposes of fulfilling obligations under these Terms, to not disclose confidential information to any third party without prior written consent, and to implement reasonable security measures to protect confidential information from unauthorized disclosure.

7.3 Exceptions

Confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party prior to disclosure, is independently developed by the receiving party without reference to the confidential information, or is required to be disclosed by law, court order, or regulatory requirement, provided the disclosing party is given reasonable prior notice where legally permissible.

SECTION 8: TCPA & A2P COMPLIANCE

8.1 Shared Compliance Responsibility

Echora Pulse and its Clients share responsibility for compliance with the Telephone Consumer Protection Act (TCPA) and A2P 10DLC requirements. Echora Pulse is responsible for designing and maintaining systems that facilitate compliance. The Client is responsible for ensuring that their specific use of those systems complies with all applicable regulations.

8.2 Client TCPA Warranties

By using the Echora Pulse platform for automated calling or SMS messaging, the Client represents and warrants that they have obtained all legally required consents from all individuals to whom automated calls or SMS messages will be sent, their calling and messaging lists are scrubbed against the National Do Not Call Registry and all applicable internal Do Not Contact lists, all automated calls and messages comply with TCPA time restrictions, and they will immediately honor all opt-out and revocation of consent requests.

8.3 Indemnification for TCPA Violations

The Client agrees to indemnify, defend, and hold harmless Echora Pulse and its officers, directors, employees, and agents from and against any claims, damages, fines, penalties, and legal fees arising from any TCPA violation resulting from the Client's use of the Services, including any failure to obtain required consents, any failure to honor opt-out requests, and any use of the Services in a manner that violates applicable law.

8.4 SMS Opt-In & Opt-Out Requirements

All SMS communications conducted through the Echora Pulse platform must comply with the following requirements without exception: opt-in must be obtained through a clear and conspicuous consent mechanism that accurately describes the messages the consumer will receive, opt-out must be honored immediately upon receipt of a STOP reply or other opt-out request, a confirmation message must be sent upon opt-out and no further messages may be sent thereafter, HELP responses must provide clear contact information and instructions, message frequency disclosures must be provided at opt-in, and all required A2P disclosures must be included in opt-in language as specified in the Echora Pulse Privacy Policy and A2P compliance guidelines.

8.5 Prohibited Uses

The following uses of the Echora Pulse platform are strictly prohibited and constitute material breaches of these Terms: sending SMS messages or automated calls to individuals who have not provided legally required consent, sending messages or calls before 8:00 AM or after 9:00 PM in the recipient's local time zone, using the platform for phishing, fraud, harassment, or any deceptive communication practice, sending messages that contain prohibited content including but not limited to adult content, hate speech, content related to firearms or illegal substances, and content that facilitates illegal activity, sharing or reselling access to the platform for the purpose of enabling third-party messaging campaigns without Echora Pulse authorization, and using harvested, purchased, or third-party phone number lists without verified consent documentation for each number.

SECTION 9: DATA PRIVACY & SECURITY

9.1 Data Processing

Echora Pulse processes personal data collected through the Services as a data processor acting on behalf of the Client as data controller, and also as a data controller with respect to its own business operations. The processing of personal data by Echora Pulse is governed by the Echora Pulse Privacy Policy, which is incorporated into these Terms by reference.

9.2 Data Security

Echora Pulse implements and maintains industry-standard technical, administrative, and physical security measures to protect personal data against unauthorized access, disclosure, alteration, loss, or destruction. Clients are responsible for implementing appropriate security measures on their own systems and for ensuring that their personnel handle personal data accessed through the Echora Pulse platform in accordance with applicable privacy laws.

9.3 Data Breach Notification

In the event of a data breach affecting personal data processed through the Echora Pulse platform, Echora Pulse will notify affected Clients within 72 hours of becoming aware of the breach to the extent required by applicable law. Clients are responsible for notifying affected End Users and regulatory authorities as required by applicable breach notification laws in their jurisdiction.

9.4 Client Data Ownership

All End User data collected through the Client's Echora Pulse-powered communication systems is and shall remain the property of the Client. Echora Pulse processes this data solely for the purpose of delivering the Services and does not sell, share, or use Client End User data for any purpose beyond service delivery and platform improvement in anonymized or aggregated form.

SECTION 10: DISCLAIMERS & LIMITATIONS OF LIABILITY

10.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ECHORA PULSE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

ECHORA PULSE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, THAT ALL CALLS OR MESSAGES WILL BE DELIVERED SUCCESSFULLY, THAT THE AI SYSTEMS WILL CORRECTLY HANDLE EVERY POSSIBLE INTERACTION SCENARIO, OR THAT THE SERVICES WILL MEET THE CLIENT'S SPECIFIC BUSINESS REQUIREMENTS IN ALL CIRCUMSTANCES.

10.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ECHORA PULSE BE LIABLE TO THE CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, OR DAMAGE TO REPUTATION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ECHORA PULSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL ECHORA PULSE'S TOTAL CUMULATIVE LIABILITY TO THE CLIENT FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY THE CLIENT TO ECHORA PULSE IN THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10.3 Essential Basis of the Bargain

THE CLIENT ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. ECHORA PULSE WOULD NOT PROVIDE THE SERVICES ON THE TERMS SET FORTH IN THESE AGREEMENTS WITHOUT THESE LIMITATIONS.

SECTION 11: INDEMNIFICATION

11.1 Client Indemnification

The Client agrees to indemnify, defend, and hold harmless Echora Pulse and its officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to the Client's use of the Services in violation of these Terms, the Client's violation of any applicable law or regulation including the TCPA, A2P requirements, and applicable privacy laws, the Client's failure to obtain required consents from End Users, any Content provided by the Client that infringes the rights of any third party, any claim by an End User arising from their interaction with the Client's Echora Pulse-powered communication system, and any breach of the Client's representations, warranties, or obligations under these Terms.

11.2 Echora Pulse Indemnification

Echora Pulse agrees to indemnify, defend, and hold harmless the Client from and against any claims by third parties alleging that the Echora Pulse platform, as delivered by Echora Pulse and used in accordance with these Terms, infringes any valid United States patent, copyright, trademark, or trade secret. This indemnification obligation does not apply to any infringement claims arising from the Client's Content, the Client's modification of the Services, or the Client's use of the Services in combination with third-party systems not approved by Echora Pulse.

SECTION 12: TERM & TERMINATION

12.1 Term

These Terms commence on the date the Client first accesses or uses the Services and continue until terminated in accordance with the provisions of this Section.

12.2 Termination by Client

Clients on a monthly subscription may terminate their Services by providing written notice to Echora Pulse at least 30 days prior to the desired termination date. Clients on an annual subscription may terminate at the end of their current annual term by providing written notice at least 30 days prior to the renewal date. Early termination of an annual subscription prior to the end of the current term may be subject to an early termination fee as specified in the Client's service agreement.

12.3 Termination by Echora Pulse

Echora Pulse reserves the right to suspend or terminate the Services immediately and without prior notice in the event of material breach of these Terms by the Client, including but not limited to violation of TCPA or A2P compliance obligations, non-payment of fees beyond 30 days from the due date, use of the Services for unlawful or prohibited purposes, and actions that threaten the security or integrity of the Echora Pulse platform or the rights of other clients or End Users.

Echora Pulse may also terminate the Services for any reason with 30 days written notice to the Client.

12.4 Effect of Termination

Upon termination of the Services for any reason, the Client's access to the platform will be immediately revoked, all outstanding fees will become immediately due and payable, Client Content will be retained for 30 days following termination and then permanently deleted unless the Client requests earlier deletion, and all licenses granted under these Terms will immediately terminate. Termination does not relieve the Client of any payment obligations or indemnification obligations that arose prior to termination.

12.5 Survival

The following sections of these Terms shall survive termination: Section 5 (Fees, Billing & Payment) with respect to outstanding obligations, Section 6 (Intellectual Property), Section 7 (Confidentiality), Section 10 (Disclaimers & Limitations of Liability), Section 11 (Indemnification), Section 12.4 (Effect of Termination), and Section 15 (Governing Law & Dispute Resolution).

SECTION 13: FORCE MAJEURE

Echora Pulse shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond Echora Pulse's reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic events, war, terrorism, civil unrest, government actions, telecommunications failures, internet outages, third-party service provider failures, or power outages. Echora Pulse will make reasonable efforts to notify affected Clients of any force majeure event and to resume normal service operations as quickly as practicable.

SECTION 14: DISPUTE RESOLUTION

14.1 Informal Resolution

Before initiating any formal dispute resolution process, the parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services through good-faith informal negotiation. The party asserting the dispute must provide written notice to the other party describing the nature of the dispute and the relief sought. The parties will have 30 days from the date of such notice to attempt to resolve the dispute informally before proceeding to formal dispute resolution.

14.2 Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiation within 30 days, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator. The arbitration shall take place in the state in which Echora Pulse is incorporated, or via remote proceedings where mutually agreed. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CLIENT WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST ECHORA PULSE. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY.

14.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of a dispute through arbitration. Claims involving violations of Echora Pulse's intellectual property rights may also be brought directly in a court of competent jurisdiction.

14.5 Time Limitation on Claims

Any claim or cause of action arising out of or relating to these Terms or the Services must be filed within one year after the claim or cause of action arose, or it shall be permanently barred.

SECTION 15: GOVERNING LAW

These Terms and all matters relating to your use of the Echora Pulse Services shall be governed by and construed in accordance with the laws of the United States and the state in which Echora Pulse is incorporated, without regard to its conflict of law principles. Subject to the arbitration provisions above, the parties consent to the exclusive jurisdiction of the state and federal courts located in that state for the resolution of any disputes not subject to arbitration.

SECTION 16: GENERAL PROVISIONS

16.1 Entire Agreement

These Terms, together with the Echora Pulse Privacy Policy, any executed service agreement, and any order forms or statements of work, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings between the parties.

16.2 Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect.

16.3 Waiver

No failure or delay by Echora Pulse in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. No waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of Echora Pulse.

16.4 Assignment

The Client may not assign or transfer any rights or obligations under these Terms without the prior written consent of Echora Pulse. Echora Pulse may assign its rights and obligations under these Terms to any affiliate, successor, or acquirer without restriction. Any attempted assignment in violation of this provision shall be null and void.

16.5 Notices

All notices required or permitted under these Terms shall be in writing and shall be delivered by email to the addresses specified in the Client's account, by certified mail to the addresses specified in the Client's service agreement, or by such other means as the parties may agree in writing. Notices shall be deemed received upon confirmation of delivery.

16.6 Headings

Section headings in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms.

16.7 No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and their permitted successors and assigns. Nothing in these Terms shall create or be deemed to create any rights in any third party.

SECTION 17: CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms and Conditions, please contact Echora Pulse through the following channels:

Echora Pulse Legal & Compliance Department

Email: contact@echorapulse.com

Compliance Email: contact@echorapulse.com

For SMS Opt-Out: Reply STOP to any SMS message

For Do Not Call Requests: contact@echorapulse.com

For Privacy Requests: contact@echorapulse.com

These Terms and Conditions were last reviewed and updated on January 1, 2026. Echora Pulse strongly recommends that all Clients and prospective Clients have these Terms reviewed by qualified legal counsel prior to entering into a service agreement.

This document is designed to be comprehensive and regulatory-compliant but does not constitute legal advice. Specific legal requirements may vary based on your jurisdiction, industry, and specific use case. Echora Pulse assumes no liability for regulatory violations arising from a Client's failure to seek independent legal counsel regarding their specific compliance obligations.

Document Classification: Public — Echora Pulse Legal Documentation

Maintained by: Echora Pulse Legal & Compliance Team