0. Scope: Business and Consumer Customers
These Terms apply to both business customers and consumers.
- A "Business Customer" is any customer using the Service for purposes relating to their trade, business, craft or profession.
- A "Consumer" is any natural person using the Service for purposes outside their trade, business, craft or profession.
If you are a Consumer, mandatory consumer protection laws in your country of residence apply and prevail over any conflicting provision in these Terms.
1. Agreement to Terms
By clicking "Sign up", "Start trial", "Subscribe" or a similar button, or by accessing or using the Service, you confirm that you have read and agree to these Terms of Service. If you disagree with any part of these terms, you may not access the Service.
2. Description of Service
EchoNext is a testimonial collection and display platform that enables businesses to:
- Collect text and video testimonials from customers
- Display testimonials on customizable walls and widgets
- Embed testimonials on external websites
- Use AI-powered moderation and analysis (Pro plan)
3. Account Registration
To use certain features, you must create an account. You agree to:
- Provide accurate and complete information
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized access
4. Subscription & Payments
4.1 Subscription Plans
Access to paid features of the Service is provided on a subscription basis. You can find information about available plans, current prices and included features on our website or within the Service.
4.2 Billing Period and Renewal
Subscriptions are billed in advance for a recurring billing period (e.g. monthly) through Stripe. Unless you cancel your Subscription in accordance with section 4.4, your Subscription will automatically renew at the end of each billing period for the same duration, at the then-current price.
4.3 Price Changes
We may change Subscription prices from time to time. Price changes will be communicated to you at least 30 days before they take effect. If you do not agree to the new price, you may cancel your Subscription before the price change becomes effective.
4.4 Cancellation by You
You may cancel your Subscription at any time via your account settings or by contacting us using the details in section 14. Cancellation takes effect at the end of your current billing period, and you will continue to have access to the Service until that date. After cancellation, you will not be charged for any subsequent billing periods.
4.5 Refunds and Right of Withdrawal for Consumers
(a) General refunds: Unless otherwise required by applicable law, we do not offer refunds for partially used billing periods.
(b) Right of withdrawal (Consumers only): If you are a Consumer residing in the EU or EEA, you have a statutory right to withdraw from your first Subscription purchase within 14 days of the date of conclusion of the contract, without giving any reason. To exercise this right, send us a clear statement (for example by email) using the contact details in section 14.
(c) Effect of withdrawal: If you withdraw within the 14-day period, we will refund the payments received from you without undue delay and at the latest 14 days after we are informed of your decision. If you requested that the Service should start before the end of the withdrawal period, we may deduct an amount proportionate to the period of use.
4.6 Downgrades
You may downgrade your plan at any time in your account settings. Downgrades take effect from the next billing period. Downgrading may result in loss of access to certain features and/or data that exceed the limits of your new plan.
5. User Responsibilities
As a user of our Service, you are responsible for:
- Obtaining proper consent from testimonial submitters
- Ensuring testimonials do not violate third-party rights
- Complying with applicable data protection laws (GDPR)
- Maintaining accurate records of consent
6. Acceptable Use
You agree NOT to use the Service to:
- Collect or display testimonials without proper consent
- Submit fake, misleading, or fraudulent testimonials
- Infringe intellectual property or privacy rights
- Distribute malware or harmful content
- Attempt to gain unauthorized access to our systems
7. Intellectual Property
The Service, including its design, features, and code, is owned by EchoNext and protected by intellectual property laws.
Your Content
You retain ownership of testimonials you collect. By using the Service, you grant us a license to host, display, and process testimonials as necessary to provide the Service.
8. Data Processing
When you use EchoNext to collect testimonials, you act as a data controller and we act as a data processor. Enterprise customers may request a Data Processing Agreement (DPA).
For details on how we handle personal data, see our Privacy Policy
9. Limitation of Liability
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, such as liability for gross negligence, intentional misconduct, or, where applicable, for death or personal injury caused by negligence.
To the maximum extent permitted by law, EchoNext shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or in connection with your use of the Service.
For Business Customers, EchoNext's aggregate liability arising out of or in connection with the Service and these Terms, whether in contract, tort or otherwise, shall be limited to the total Subscription fees paid by you for the Service during the twelve (12) months immediately preceding the event giving rise to the claim.
The Service is provided "as is" without warranties of any kind, either express or implied.
10. Termination
10.1 Termination by You
You may terminate your account and Subscription at any time in accordance with section 4.4. Termination will not affect any rights or obligations that have already accrued up to the date of termination.
10.2 Termination or Suspension by Us
We may suspend or terminate your access to the Service:
- If you materially violate these Terms
- For non-payment of subscription fees
- Where we decide to discontinue the Service, in which case we will give you at least 30 days' prior notice
10.3 Consequences of Termination
Upon termination or cancellation of your Subscription, your right to access and use the paid features of the Service will cease at the end of the applicable billing period. We may retain or delete your data in accordance with our Privacy Policy. Where required by law, we will provide you with a reasonable opportunity to export your data before deletion.
11. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of significant changes via email or through the Service. Continued use after changes constitutes acceptance of the new Terms.
12. Governing Law
These Terms shall be governed by the laws of Sweden. Any disputes shall be resolved in the courts of Sweden, unless otherwise required by consumer protection laws in your jurisdiction.
13. Contact
For questions about these Terms, please contact us:
EchoNext
info@whatcomesnext.se