Terms and Conditions
- Effective date:
- Last updated:
These Terms and Conditions ("Terms") are an agreement between PT. CRUBIKS GLOBAL INDONESIA ("Echosoo", "we", "us") and the organization or person that signs up for or uses Echosoo ("Customer", "you"). By creating an account, installing the Echosoo app in Microsoft Teams, or using the Services, you accept these Terms. If you accept on behalf of an organization, you confirm you have authority to bind it.
1. Definitions
Services: the Echosoo omnichannel messaging platform, including the Echosoo web app (installable as a progressive web app), the Echosoo app and bot for Microsoft Teams, our website, and related support.
Account: the Customer's registered account for the Services.
Authorized Users: people the Customer allows to use the Services under its Account.
Customer Data: all content and data the Customer or its Authorized Users send, receive or store through the Services, including message content from connected messaging channels, contact details and attachments.
Third-Party Services: services Echosoo connects to, including Microsoft Teams and Microsoft 365, and the messaging channels the Customer connects, such as the WhatsApp Business Platform operated by Meta. Other channels (for example Instagram, Facebook Messenger, LINE and web chat) become Third-Party Services when we make them available.
Documentation: the guides and help content we publish for the Services.
Fees: the charges for the Services under the plan the Customer selects or an order form.
2. Account creation and information
2.1 You must give accurate and complete information when you create an Account and keep it up to date.
2.2 You are responsible for activity under your Account, and for keeping credentials secure. Tell us promptly at [email protected] if you suspect unauthorized access.
2.3 You may not create an Account if we have previously suspended or terminated one of yours for breach, unless we agree in writing.
3. The Services
3.1 We will provide the Services in line with the Documentation and with reasonable skill and care.
3.2 We may update the Services from time to time. We won't make changes that materially reduce core functionality without reasonable notice.
3.3 Beta features. Features marked beta, preview or similar are provided as-is, may change or be withdrawn, and aren't covered by any service commitments.
3.4 AI features. Some features use artificial intelligence to generate suggestions, summaries, translations or automated responses. AI output can be inaccurate or incomplete. You are responsible for reviewing it before relying on it or sending it to customers, and for how you configure any automated responses. You must not use AI features to break the law or channel provider rules.
3.5 We may suspend the Services where necessary to protect security, comply with law or Third-Party Service rules, or stop misuse. We'll give notice where reasonably possible.
4. Your responsibilities
You will:
- use the Services only in line with these Terms, the Documentation and applicable law;
- make sure your Authorized Users comply with these Terms and are responsible for their actions;
- keep the Customer Data you submit lawful and accurate, and have the rights and permissions you need to submit it;
- not interfere with, reverse engineer or attempt to gain unauthorized access to the Services;
- not resell or sublicense the Services unless we agree in writing.
5. Messaging and compliance
5.1 Channel rules. Messages sent through Echosoo travel over third-party messaging channels. You must follow each channel provider's terms and policies, as updated from time to time. For WhatsApp this includes Meta's WhatsApp Business Terms, Business Policy and Commerce Policy.
5.2 Consent. You must have a valid legal basis, and where required the recipient's opt-in, before you message anyone on any channel, and you must honor opt-outs promptly.
5.3 Message templates.Where a channel (such as WhatsApp) requires approved templates to start a conversation, you are responsible for the content of the templates you submit.
5.4 Prohibited content and conduct. You must not use the Services to send spam or unsolicited bulk messages; to send illegal, harassing, deceptive, hateful or sexually explicit content; to impersonate others; to distribute malware; or to send content in categories a channel provider prohibits.
5.5 Third-Party Service changes. Channel providers and Microsoft may change or restrict their platforms, pricing or policies. We aren't responsible for those changes, but will use reasonable efforts to adapt the Services and tell you about material impacts.
5.6 Suspension by a channel provider. If a channel provider (for example Meta) restricts or suspends your account or number, we aren't liable for the resulting loss of access to that channel.
5.7 Microsoft Teams. Teams notifications and the Echosoo Teams app need a Microsoft 365 subscription that includes Microsoft Teams. You are responsible for your Microsoft agreements and for Teams admin approvals the Services require.
6. Affiliates
Customer's affiliates may not use the Services under the Customer's Account unless we agree in writing. Each affiliate that wants to use the Services needs its own Account or must be added by written agreement.
7. Fees and payment
7.1 You will pay the Fees for your plan. Prices are on our pricing page or in your order form, and exclude taxes unless stated.
7.2 Billing. Fees are billed according to the selected subscription using the payment method on your Account.
7.3 Channel provider charges. Some channel providers charge for messages (for example, Meta charges for some WhatsApp conversations). We pass these through at cost and show them on your invoice or Meta bills you directly. Providers may change their charges, and we may adjust pass-through charges to match.
7.4 Taxes. You are responsible for applicable sales, VAT, GST and similar taxes, other than taxes on our income.
7.5 Late payment. If a payment is overdue, we may charge interest per month or the highest lawful rate if lower, and after notice suspend the Services until paid.
7.6 Changes to Fees. We may change Fees on 30 days' notice, effective from your next billing period. If you disagree, you may cancel before the change takes effect.
7.7 No refunds for partial periods, except where required by law or stated in an order form.
8. Ownership, Customer Data and confidentiality
8.1 Our property. We and our licensors own the Services, including software, designs, trademarks and Documentation. We grant you a limited, non-exclusive, non-transferable right to use the Services during the term for your internal business purposes.
8.2 Your data. You own the Customer Data. You grant us a limited license to host, process and transmit it only to provide, secure and support the Services, and as our Privacy Policy describes.
8.3 Feedback. If you give us suggestions, we may use them freely without obligation to you.
8.4 Data protection. Our processing of personal data is described in our Privacy Policy. Where we process personal data on your behalf, our data processing terms apply.
8.5 Confidentiality. Each party will keep the other's non-public information confidential, use it only for these Terms, and protect it with reasonable care. This doesn't cover information that is public, already known, independently developed, or lawfully received from someone else. Disclosure required by law is allowed with prompt notice where permitted.
8.6 Return and deletion. After termination, we will make Customer Data available for export for 30 days and then delete it, except where we must keep it by law or in routine backups until they expire.
9. Representations, warranties and disclaimer
9.1 Each party confirms it has authority to enter into these Terms.
9.2 You confirm you have the rights to submit the Customer Data and that using it with the Services won't breach any law or third-party rights.
9.3 Disclaimer.Except as expressly stated, the Services and Third-Party Services are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all other warranties, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. We don't guarantee that messages will be delivered, as delivery depends on WhatsApp, Microsoft and networks outside our control.
10. Indemnification
10.1 By you. You will defend and indemnify us against third-party claims arising from your Customer Data, your breach of Section 4 or 5, or your violation of law.
10.2 By us. We will defend and indemnify you against third-party claims that the Services, as provided by us, infringe that third party's intellectual property rights.
10.3 Process.The indemnified party must give prompt notice, let the indemnifying party control the defense and settlement, and cooperate reasonably.
11. Limitation of liability
11.1 Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if advised of the possibility.
11.2 Each party's total liability under these Terms is limited to the Fees paid or payable by you in the 12 months before the event giving rise to the claim.
11.3 These limits don't apply to liability that can't be limited by law, to your payment obligations, or to any carve-outs counsel recommends, e.g. indemnities, confidentiality breach.
12. Use of names and marks
You agree we may name you as a customer and use your name and logo on our website and marketing materials, unless you tell us in writing you'd rather we didn't. Neither party may otherwise use the other's marks without permission. "WhatsApp" is a trademark of Meta Platforms, Inc. and "Microsoft" and "Teams" are trademarks of Microsoft Corporation; use of these names doesn't imply endorsement.
13. Communications
You agree we may send you service messages (such as billing, security and product notices) by email, in the app or via the Echosoo bot. We'll only send marketing messages with your consent where the law requires, and you can opt out at any time using the link in the message or by emailing [email protected].
14. Term, termination and survival
14.1 These Terms start when you accept them and continue until your subscription ends or either party terminates.
14.2 You may cancel at any time from your Account or by writing to us, effective at the end of the current billing period.
14.3 Either party may terminate on written notice if the other materially breaches these Terms and doesn't fix it within 30 days of notice, or immediately if the breach can't be fixed.
14.4 We may terminate immediately if you breach Section 5 in a way that risks our relationship with a channel provider or Microsoft.
14.5 On termination, your access ends and you must pay any unpaid Fees. Sections that by their nature should survive (including 7, 8, 9, 10, 11, 14.5, and 15) will.
15. General
15.1 Governing law. These Terms are governed by the laws of Jakarta, Indonesia, without regard to conflict-of-law rules.
15.2 Entire agreement. These Terms, with any order form and our Privacy Policy, are the whole agreement and replace earlier discussions.
15.3 Changes. We may update these Terms. For material changes we'll give at least 30 days' notice by email or in the app. Continued use after the effective date means you accept the update.
15.4 Assignment. You may not assign these Terms without our consent. We may assign them in a merger, acquisition or sale of assets.
15.5 Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, including outages of Third-Party Services.
15.6 Severability and waiver. If part of these Terms is unenforceable, the rest remains in force. Not enforcing a right isn't a waiver of it.
15.7 Notices. Notices to us go to [email protected]. Notices to you go to the email on your Account.
15.8 No third-party rights except as stated here.
16. Contact
Questions about these Terms: [email protected].