These Terms of Use are a short, plain-English agreement between you and Echo Persona LLC ("EchoPersona", "we", "us"). By using this website or any of our apps, you agree to them. If you don't agree, please don't use the website or the apps.
1. What these terms cover
EchoPersona is a small studio that builds and publishes mobile apps for iOS and Android, and builds software for clients. These terms cover:
- this website, echopersona.com (the "Site"); and
- the apps we publish on the Apple App Store and Google Play (each an "App"), together with their websites.
The Site and the Apps together are the "Services".
2. Each app has its own terms too
Every App also has its own terms, which deal with the details of that App (its features, any subscriptions or one-time purchases, and any risks specific to it). When you use an App, both these terms and that App's terms apply. If they conflict, the App's own terms win for that App.
You can see every App we publish on the Apps page.
3. Who can use the Services
You must be at least 13 years old to use the Services. If you live in the European Economic Area (EEA), the UK or Switzerland, you must be at least 16, or the minimum age of digital consent in your country if that is higher. Some Apps set a higher age; if so, that age applies. If you use the Services for a company, you confirm you are allowed to accept these terms for it.
4. Using the website
You may browse the Site and use its contact form for your own purposes. Please don't misuse it, for example by:
- trying to break, overload or get around its security;
- scraping or copying it in bulk with automated tools without our written permission;
- sending spam, malware or unlawful content through the form;
- pretending to be someone else.
We try to keep what we say on the Site accurate, but it is general information, not a promise or professional advice.
5. Your licence to use our apps
We give you a personal, non-exclusive, non-transferable licence to download and use each App on devices you own or control, for as long as you follow these terms, the App's own terms and the rules of the store you got it from. You may not:
- sell, rent, sublicense or redistribute an App;
- copy, modify, or reverse engineer an App, except where the law allows this and it can't be excluded;
- use an App to break the law or to harm, deceive or spy on anyone;
- get around an App's security, or how its paid features are unlocked;
- remove our copyright or trademark notices.
6. Your content
What you create or store in an App (your notes, files, tags, photos and so on) stays yours. Our Apps are built privacy-first and most keep your content on your device, so we usually cannot see it, recover it, or back it up for you. You are responsible for your content, for having the right to use it, and for keeping your own backups.
7. Purchases, subscriptions and refunds
Some Apps offer paid features as subscriptions or one-time purchases. Prices and what you get are shown in the App and on the store before you buy.
- Payment. All payments are handled by Apple (App Store) or Google (Google Play), not by us. Their terms govern the payment, and any tax due is shown at checkout.
- Automatic renewal. Subscriptions renew automatically for the same period at the then-current price unless you cancel at least 24 hours before the current period ends.
- Cancelling. You can cancel at any time in your Apple ID or Google Play subscription settings. Deleting the App does not cancel a subscription. You keep access until the end of the period you have paid for.
- Free trials. If an App offers a free trial, it turns into a paid subscription when the trial ends unless you cancel before then.
- Refunds. Because Apple and Google take the payment, they also handle refunds under their own policies: reportaproblem.apple.com for the App Store and Google Play's refund page for Google Play. Apart from that, purchases are final except where the law says otherwise.
EEA, UK and Swiss consumers. You may have a legal right to withdraw from a digital purchase within 14 days. If you start using the paid feature during that time, you agree to it being supplied straight away, and where the law allows you may lose the right to withdraw once it has been supplied. Nothing in these terms takes away rights you have under consumer law.
8. Client projects
If you hire us to build or rescue software, the written agreement for that project (such as a proposal or statement of work) sets the terms for that work. These terms cover only your use of the Site and the Apps.
9. Other companies' services
The Services link to and rely on services run by others, such as the App Store, Google Play, and the analytics and form tools described in our Privacy policy. Those services have their own terms, and we are not responsible for them.
10. Our names, code and designs
The Site and the Apps, including their code, designs, text, icons, and the EchoPersona and App names and logos, belong to Echo Persona LLC or the people who licensed them to us. These terms don't give you any right to use them beyond what is described here. If you send us feedback or ideas, we may use them without owing you anything.
11. Copyright complaints
If you believe something in the Services infringes your copyright, email us at hello@echopersona.com with: what the work is, where the infringing material is, your contact details, and a statement that you believe in good faith the use is not authorised and that your notice is accurate. For an App, you can also use the contact email in that App's own terms.
12. Privacy
Our Privacy policy explains how this website handles analytics and cookies. Each App has its own privacy policy on its website, which explains what that App does, and doesn't do, with your data.
13. No guarantees
We work hard on the Services, but we provide them "as is" and "as available". As far as the law allows, we don't promise that they will always be available, error-free, secure, or right for your purpose, and we don't give any warranties beyond those the law requires. This does not affect rights you have by law that can't be waived.
14. Limits on our liability
As far as the law allows, Echo Persona LLC is not liable for indirect or consequential losses, such as lost data, lost profits or lost business, arising from your use of the Services. Our total liability to you for any claim is limited to the greater of what you paid us for the Service concerned in the 12 months before the claim, or USD $50.
Nothing in these terms limits liability that can't be limited by law, such as liability for death or personal injury caused by negligence, or for fraud.
15. If you misuse the Services
As far as the law allows, you agree to cover our costs and losses if someone makes a claim against us because you broke these terms or the law while using the Services. This does not apply where consumer law in your country prohibits it.
16. Ending access
You can stop using the Services at any time. We may suspend or end your access if you seriously or repeatedly break these terms, or if the law requires us to. We may also change or stop offering a Service or feature; where we can, we will give reasonable notice. If access ends, you must stop using the App concerned; content stored on your device stays under your control.
17. Disputes and governing law
Talk to us first. If you have a problem, please contact us and give us 30 days to try to fix it before starting any formal claim.
Governing law. These terms are governed by the laws of the State of New Mexico, United States, without regard to its conflict-of-law rules. Any dispute that goes to court, and is not handled by arbitration or small claims as described below, will be heard in the state or federal courts in Bernalillo County, New Mexico.
Arbitration for US residents. If you live in the United States, any dispute we can't resolve informally will be settled by binding individual arbitration run by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. Either side may still use small claims court. Claims may be brought only individually, not as part of a class or representative action. You can opt out of arbitration by emailing hello@echopersona.com with your name and the words "Arbitration Opt-Out" within 30 days of first accepting these terms.
Consumers elsewhere. If you are a consumer outside the United States, this section does not take away the protection of the mandatory laws of the country where you live, or your right to bring a claim in your local courts.
18. Rights by region
- EEA and Switzerland: nothing in these terms limits your rights under mandatory EU or Swiss consumer law, including the 14-day withdrawal right described in section 7.
- United Kingdom: nothing in these terms affects your statutory rights, including those under the Consumer Rights Act 2015.
- Australia: our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
19. App Store and Google Play
If you got an App from the Apple App Store or Google Play:
- These terms are between you and Echo Persona LLC only, not Apple or Google. We, not they, are responsible for the App and its content.
- Your licence is limited to using the App on devices you own or control, as allowed by the store's usage rules.
- Apple and Google have no duty to provide maintenance or support for the App.
- We, not Apple or Google, are responsible for handling any claims about the App, including product liability, legal compliance and intellectual property claims.
- Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
20. Changes to these terms
We may update these terms from time to time. When we do, we will change the "Last updated" date above, and for significant changes we will give more notice where we reasonably can. If you keep using the Services after a change takes effect, the updated terms apply.
21. The legal small print
- These terms, each App's own terms and our privacy policies are the whole agreement between you and us about the Services.
- If a court finds part of these terms unenforceable, the rest still applies.
- If we don't enforce a right straight away, we haven't given it up.
- You may not transfer these terms to someone else without our permission. We may transfer them, for example if an App is sold, as long as your rights are not reduced.
- We are not responsible for delays or failures caused by events outside our reasonable control.
This page is provided for transparency and is not legal advice.