A. The site and our services
1. Who we are
TODO Not final terms, do not ship!
Welcome to Echo. These General Terms of Service (the "General Terms") are a legally binding agreement between you ("User" or "you") and us, [Echo IM Entity] and its affiliated entities ("Echo", "[Echo Advisors]", [BVI TopCo Entity Name], the "Company", "us", "we" or "our"), that governs your access and use of the products and services on our website https://echo.xyz or any successor thereto (the "Site"). In reading these terms, the "Services" should be interpreted as all of the services, websites, and applications offered by Echo, including the Echo Investment Services and Embedded Wallet Services as described further below.
2. Our services
2.1 Echo Investment Services
We provide a web platform where Deal Leads (as defined in our Echo Investment Terms) can launch funds and raise capital from Investors (as defined in our Echo Investment Terms) and qualified Investors can invest in funds offered through the Site or syndicates led by Deal Leads. We refer to this aspect of our platform as the "Echo Investment Services," and these services are subject to additional terms outlined in the Echo Investment Services Terms.
2.2 Echo Investment Services
As part of the Echo Investment Services, you may be permitted to create an embedded wallet under your control in order to send or receive digital assets in connection with one or more investments. We refer to this aspect of our platform as the "Embedded Wallet Services," and these services are subject to additional terms outlined in the Embedded Wallet Terms (together with our Echo Investment Services Terms, the "Services Terms").
2.3 Changes
We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by requiring you to log in to our Services again and accept the new Terms, and/or by some other means. We may suspend, discontinue, or modify any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services without liability to you. We reserve the right to remove any User Content (defined below) from the Services at any time, for any reason in our sole discretion, and without notice. If you don't agree with the new Terms after any changes, you are free to reject them. Unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
3. Additional terms and services
3.1 Additional Terms and Policies
Your use of the Services is subject to additional terms and policies as may be posted on the Site or otherwise on the Services from time to time and include the policies listed below.
Privacy Policy Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information. We may amend the Privacy Policy from time to time in our sole discretion, and any changes will be effective upon posting the amended Privacy Policy at our domain where the prior version of the Privacy Policy was posted, or by communicating these changes through any written or other contact method we have established with you. Risks Please review our Risks Related to Investing on Echo for information on risks associated with transacting and investing in funds on Echo, including risks associated with using digital assets and the Embedded Wallet Services. Service Terms If you are a Deal Lead managing a fund or an Investor participating in a fundraise, you are also subject to the Service Terms. E-Signature Terms In connection with providing our Services, we may provide certain Records (defined in our E-Signature Terms) to you in electronic form and obtain your electronic signature in connection with those Records. Your use of a digital signature in our Services will be governed by the E-Signature Terms, and if you choose not to accept these terms, you may be ineligible to use any or all of our Services.
3.2 Third-party service terms
While using our Services, you may also receive access to certain services provided by third parties, such as anti-money laundering and identity verification services ("Third-Party Services"). Your use of any Third-Party Services is subject to these Terms and to any additional terms or policies applicable to such Third-Party Services by the provider of such services. Do not use such Third-Party Services if you are unwilling to accept their terms. When using Third-Party Services, you are solely responsible for any information you provide to such third party and we will have no responsibility or liability for any Third-Party Services. Any data or information you allow Echo to access from a Third-Party Service will constitute User Content (as defined below) for purposes of these Terms.
4. Your agreement to be bound
4.1 Agreement to be bound
By accessing the Site (including by simply viewing Content on the site) or using any of our Services, you agree to be bound by these Terms. To the extent you enable any other person to access our services through your Account (as defined below), you also are agreeing to be bound by these Terms and are representing to us that you have the requisite authority to provide that agreement for such person. IF YOU DONT AGREE TO BE BOUND BY THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICES. By using the Services, you represent that you have all necessary rights and consents to provide any information related to any third party that you provide to us. In addition, you acknowledge and agree that even though you may provide Echo with representations, warranties, or other information about you in order to access or use a Service, you may be required to provide the same representations, warranties, or other information in order to be able to use other Services and are responsible for compliance with any such requirements.
4.2 Limitations
Despite the foregoing, the laws of some jurisdictions may limit or not permit certain provisions of this agreement, such as indemnification, the exclusion of certain warranties or the limitation of liability. In such a case, those provisions in these Terms will apply only to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in these Terms will prejudice such rights that you may have as a consumer of the Services under such applicable law.
4.3 IMPORTANT ARBITRATION NOTICE
IMPORTANT ARBITRATION NOTICE. WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND ECHO THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION [PLACEHOLDER UNTIL FORMATTED] "DISPUTE RESOLUTION" BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION [PLACHOLDER] WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION [PLACEHOLDER] (GOVERNING LAW) WILL APPLY INSTEAD.