Contents

1.       Change Log

2.       Introduction

3.       Definitions

4.       Agreement

5.       Your Account

6.       Your Content

7.       Your Responsibilities

8.       Third-Party Services and E-Commerce

9.       What We Own

10.   Our Rights

11.   Our Services

12.   Billing and Payment

13.   Privacy and Cookie Policies

14.   Disclaimer of Warranties and Limitation of Liability

15.   Indemnification

16.   Changes to our Services

17.   Amendments, Updates, and Notification

18.   Dispute Resolution

19.   U.S. Economic Sanctions

20.   Feedback

21.   Miscellaneous

1. Change Log

·         Version 1.0, Effective December 9, 2023 17:00:00 EST

2. Introduction

These Terms of Service (referred herein as “Terms” or “TOS”) are based upon an open source version provided by Automattic / Legalmattic obtained from their github repository on June 1, 2023, and is used with permission pursuant to the Creative Commons Attribution ShareAlike 4.0 International license provided by Creative Commons Corporation. We hereby provide notice that we have made major changes and modifications to the aforementioned open source version of these Terms in order to suit our custom needs. According to the Creative Commons Attribution ShareAlike 4.0 International license, you are free to copy, to adapt, to repurpose, and to use these Terms for your own use and purpose under the same license as the original.

Thank you for visiting a website or associated domain of Echodify, chiefly among them being echodify.com (collectively referred herein as our “Sites”); or for downloading, accessing, and using Echodify’s smartphone app (currently under development, but together with our Sites are collectively referred herein as our “Platforms”). Thank you also for using or attempting to use Echodify’s products and services (referred herein as our “Services”) which are conveyed, delivered, and made available through our Platforms, chiefly among them are “echoes” (text messages created in the present but delivered in the future), “shouts” (electronic greeting cards created in the present but delivered in the future), “virtual legacies” (data storage containers created in the present but delivered in the future), and the social network that exists within our Platforms through which these three products may be delivered to family, friends, and favorite organizations. Echodify is the universal solution for preserving and passing on your legacy, as it consists of your meaningful digital assets, to present and future generations.

To learn more about how Echodify works, our Sites, our Platforms, and our Services, please visit our about page at www.echodify.com/about/.

3. Definitions

·         Adding a Recipient to a Service (to an Echo, Shout, or Virtual Legacy): the act of specifying another Echodify Member you are connected with, or an organization you are linked to, or one of your private profiles to receive an Echo, Shout, or a Virtual Legacy using the drop-down and “Add” button located thereupon.

·         Attaching a File to a Virtual Legacy: the act of specifying a file upload you have already uploaded into your Common File Storage (CFS), by using the drop-down and “Attach” button, on a Virtual Legacy.  See “Common File Storage” for more information about your CFS.

·         Author: An Echodify Member who creates an Echo, Shout, or Virtual Legacy.

·         Continual Manner:  Spending more than a small amount of time on any of Echodify’s Sites, Platforms, or Services to warrant you “using them,” as defined by any one of the following scenarios:

1)      Being presented with our cookie consent options box which pops up automatically when you navigate to any of our public pages from outside Echodify, and which references these Terms, selecting an option, and moving on to view the unobscured page; or

2)      In the event our cookie consent options box is not working and does not pop up automatically, either from a server-side issue or you have disabled JavaScript, spending more than ten minutes on any of our public pages; or

3)      In the event our cookie consent options box is not working and does not pop up automatically, either from a server-side issue or you have disabled JavaScript, clicking a link to navigate to one other page from the page you landed on; or

4)      Interacting with any interactive component on any public page you landed on, such as but not limited to playing any of our hosted videos.

·         Common File Storage:  Private and secure file storage accessible only to you into which you upload your Member Content in the form of electronic files. You get access to one and only one Common File Storage when you obtain at least one Virtual Legacy, and they work together because it is from your Common File Storage that you then select specific files to attach to your Virtual Legacies.  Total Common File Storage space is the sum of all storage space of all Virtual Legacies you obtain.

·         Digital Age of Consent: Minimum age a jurisdiction has determined is appropriate for a minor to use a digital service, and is very oftentimes 13 years-old.

·         Echo:  a text messages created in the present but delivered in the future, along with a subject line.

·         Effective Date: The precise date and time these Terms of Service become enforceable and in effect, which is usually stated at the top of whatever document or whatever webpage these Terms of Service appear on.

·         Member:  Anyone who has registered for and created an Echodify Account, and has kept said Account in good standing.

·         Platform: technology mostly in the form of computer code that runs on a server, a computer or an electronic device that makes Echodify’s Services available and functional, examples of which are 1) the software within Echodify’s Internet Sites that is accessible through a web browser, and 2) in the future, Echodify’s smartphone app.

·         Public Domain: all Echodify Members.

·         Recipient: An Echodify Member who is on the receiving end of one of Echodify’s Services, whether it be an Echo, a Shout, or a Virtual Legacy. You can be your own Recipient if you create an Echo, Shout, or Virtual Legacy and choose to send it to yourself. Also, you may specify the Public Domain as the Recipient of an Echo, Shout, or Virtual Legacy.

·         Service: Capability that allows you to receive value and utility, that is either provided to you and other Members for free or for a fee, examples of which are but not limited to Echoes, Shouts, and Virtual Legacies.

·         Shout:  an electronic greeting card created in the present but delivered in the future.

·         Site: an Internet address or domain and the website it refers to that are owned by Echodify, chiefly among them being the domain www.echodify.com and the website that is hosted at that address.

·         Terms of Service:  This document in all its entirety, containing all its binding provisions and herein referred to as “Terms” or “TOS.”

·         Virtual Legacy:  a data storage container created in the present but delivered in the future. The term “data storage container” is the best expression of what a Virtual Legacy is, however and technically, Member Content specified in a Virtual Legacy are really file references that are attached to the Virtual Legacy. The actual and physical files always reside within the author’s

4. Agreement

These Terms of Service (referred herein as “Terms” or “TOS”) which govern Echodify’s Sites, Platforms, and Services constitute a binding agreement (referred herein as “the Agreement” or “this Agreement”) between you and Echodify.

“You” shall be defined as the individual entering into this Agreement with Echodify by accessing and using Echodify’s Sites, Platforms, and Services (referred herein as “you,” “your,” or “yourself”), either without an Account but in a continual manner, or by creating an Account; or the individual accessing and using Echodify’s Sites, Platforms, and Services under the authority of and by permission of another person (for example anyone between 13 and 17 years-of-age with legal parental or guardian consent). Anyone who has registered for and created an Echodify Account is referred herein additionally as “Member.”

“Echodify” is Echodify, Inc., a Delaware corporation registered at 8 The Green STE B, Dover, DE 19901 and doing business as a Massachusetts foreign corporation physically located at 90 Pond Street STE 203, Fall River, MA 02721 (referred herein as “Echodify”, “us”, “we”, or “our”), creator, owner, and operator of Echodify’s Sites, Platforms, and Services.

BY ACCESSING AND USING ECHODIFY’S SITES, PLATFORMS, AND SERVICES IN A CONTINUAL MANNER WITHOUT A MEMBER ACCOUNT, OR BY DOING THE SAME BY CREATING A MEMBER ACCOUNT, YOU EXPLICLTY ACCEPT AND AGREE TO BE BOUND BY THE ENTIRETY OF THESE TERMS OF SERVICE, OR THE MAXIMUM EXTENT THAT IS PERMISSIBLE BY LAW WITHIN YOUR LEGAL JURISDICTION, AND ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS PRESENTED HEREIN THAT ARE LAWFUL WITHIN YOUR LEGAL JURISDICTION.

IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF SERVICE, OR TO ANY TERM OR CONDITION THEREOF THAT IS PERMISSIBLE BY LAW WITHIN YOUR JURISDICTION, YOU MAY NOT USE ANY OF ECHODIFY’S SITES, PLATFORMS, AND SERVICES OR ANY RELATED OFFERING. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY DECLARE, REPRESENT, AND WARRANT THAT:

·         YOU ARE OF THE LEGAL AGE TO CONTRACT WITHIN YOUR JURISDICTION, WHICH IS USUALLY AT LEAST 18; OR IF NOT, YOU ARE (A) AT LEAST OF THE AGE OF DIGITAL CONSENT WITHIN YOUR JURISDICTION, WHICH IS USUALLY AT LEAST 13, AND (B) HAVE REVIEWED THESE TERMS AND THIS AGREEMENT WITH YOUR LEGAL PARENT OR GUARDIAN, AND (C) HAVE OBTAINED THEIR EXPLICIT CONSENT HAVING ACCEPTED THESE TERMS AND AGREED TO THIS AGREEMENT ON YOUR BEHALF

·         YOU HAVE THE FULL LEGAL RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO PERFORM UNDER ITS TERMS AND CONDITIONS, EITHER BY EXERCISING SUCH RIGHT, POWER, AND AUTHORITY AS (A) AN INDIVIDUAL PERSON, OR (B) AS AUTHORIZED BY ANOTHER INDIVIDUAL PERSON YOU ARE REPRESENTING, OR (C) AS A MINOR OPERATING UNDER THE EXPRESS CONSENT OF YOUR LEGAL PARENT OR GUARDIAN, OR (D) AS A DULY AUTHORIZED AGENT OF AN ORGANIZATION, CORPORATION, PARTNERSHIP, OR SIMILAR ENTITY

·         YOU ARE A HUMAN PERSON AND NOT A MACHINE, AUTOMATED PROCESS, PROGRAM, SCRIPT, BOT, OR ARTIFICIAL INTELLIGENCE (AI) ENTITY

·         YOU ENTER INTO THIS AGREEMENT VOLUNTARILY OF YOUR OWN FREE WILL

·         YOU UNDERSTAND THESE TERMS AND THIS AGREEMENT AND HAVE HAD OPPORTUNITY TO REVIEW THESE TERMS AND THIS AGREEMENT WITH LEGAL COUNSEL IF YOU SO CHOSE TO DO SO

·         YOU UNDERSTAND YOUR AGREEMENT TO THESE TERMS IS A VALID AND BINDING OBLIGATION BETWEEN YOU AND ECHODIFY THAT SHALL REMAIN IN FULL FORCE AND EFFECT FOR AS LONG AS YOU MAINTAIN ACCESS TO YOUR ACCOUNT AND KEEP IT IN OPERATING CONDITION (I.E. DO NOT TERMINATE YOUR ACCOUNT), OR CONTINUE TO USE ECHODIFY’S SERVICES WHICH MAY INCORPORATE AS PART OF HOW THEY WORK, DELIVERY OF YOUR CONTENT IN THE FUTURE

·         BY VIOLATING THIS AGREEMENT, OR ANY TERM OR CONDITION THEREOF AS PRESENTED IN THESE TERMS, YOU HOLD ECHODIFY HARMLESS IF, WITHIN OUR JUDGEMENT, SUCH VIOLATION REQUIRES US TO TAKE ACTION AGAINST YOUR ACCOUNT UP TO AND INCLUDING ACCOUNT TERMINATION

IF YOU ARE AT LEAST 13 YEARS-OLD BUT LESS THAN 18 YEARS-OLD (A “MINOR”), OR HAVE ATTAINED THE MINIMUM AGE OF DIGITAL CONSENT BUT NOT THE AGE OF MAJORITY IN YOUR JURISDICTION, PER THE ABOVE YOU MUST REVIEW THESE TERMS AND THIS AGREEMENT WITH YOUR LEGAL PARENT OR GUARDIAN, AND ACCEPT AND AGREE TO THESE TERMS OF SERVICE WITH THEM ACCEPTING AND AGREEING TO THEM ON YOUR BEHALF. FURTHERMORE, YOUR PARENT OR GUARDIAN EXPLICITLY ACCEPTS AND AGREES TO ASSUME FULL RESPONSIBILITY FOR THEIR MINOR’S USE OF ECHODIFY’S SITES, PLATFORMS, AND SERVICES INCLUDING ALL FINANICAL CHARGES AND LEGAL LIABILITY THAT THEY MAY INCUR.

IF YOU ARE AN EMPLOYEE, CONTRACTOR, OR AGENT OF AN ORGANIZATION, CORPORATION, PARTNERSHIP, OR SIMILAR ENTITY, YOU DECLARE, REPRESENT, AND WARRANT THAT YOU ARE AUTHORIZED TO SIGN FOR AND TO BIND SUCH ENTITY IN ORDER TO ACCEPT AND TO AGREE TO THESE TERMS OF SERVICE, AND THAT THE ORGANIZATION, CORPORATION, PARTNERSHIP, OR SIMILAR ENTITY YOU REPESENT SHALL BE LIABLE TO ECHODIFY FOR ANY VIOLATIONS UNDER THIS AGREEMENT BY YOU ON BEHALF OF SUCH ENTITY. THE RIGHTS GRANTED UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE ONLY BY SUCH AUTHORIZED PERSONNEL.

CONTINUED ACCESS AND USE OF ECHODIFY’S SITES, PLATFORMS, AND SERVICES AT ANY POINT IN TIME UPON OR AFTER THIS CURRENT VERSION OF THESE TERMS OF SERVICE HAVE BEEN ALTERED, CHANGED, MODIFIED, ENHANCED, OR REPLACED (IN WHOLE OR IN PART) BY ECHODIFY, THEREBY CREATING A NEWER VERSION OF THESE TERMS OF SERVICE, EXPRESSLY CONSTITUTES YOUR ACCEPTANCE OF THEM AND YOUR CONTINUED AGREEMENT TO THEM, AND YOUR AGREEMENT TO BE BOUND BY THOSE ALTERED, CHANGED, MODIFIED, ENHANCED, OR REPLACED (IN WHOLE OR IN PART) TERMS OF SERVICE.

WE MAY, IN OUR SOLE DISCRETION, REFUSE ACCESS TO OUR SITES AND PLATFORMS, AND WE MAY REFUSE TO OFFER OUR SERVICES TO ANY PERSON OR ENTITY AND CHANGE THE ELIGIBILITY CRITERIA FOR USING THEM AT ANY TIME. THE RIGHT TO ACCESS OUR SERVICES IS REVOKED WHERE THESE TERMS OF SERVICE IS PROHIBITED OR TO THE EXTENT ANY OFFER, SALE, OR PROVISION OF THE SERVICE CONFLICTS WITH ANY APPLICABLE LAW, RULE OR REGULATION.

You may discontinue or terminate your use of our Sites, Platforms, and Service at any time, you may remove your data and Member Content (see the definition thereof below) at any time, and you may cancel and delete any Echo, Shout, or Virtual Legacy at any time providing those Services have not been already delivered to your Recipients. Should you choose to do any of this, you agree to indemnify us and to hold us harmless of any part, component, or time duration of our Services is outstanding for which you have paid in advance.

If, in our sole judgment and determination, you are violating or have violated any provision of these Terms, you agree as part of this Agreement we may permanently or temporarily terminate, downgrade, suspend, or prohibit your access to our Sites, Platforms, and Services without prior notice and liability. Should you choose to do any of this, you agree to indemnify us and to hold us harmless of any part, component, or time duration of our Services is outstanding for which you have paid in advance.

5. Your Account

The following provisions pertain to any account you create on any Echodify platform.

Requirements

We only permit accounts to be created by a human person, manually, in-person and not by any remote action, by navigating through the account creation process on any of our Sites or Platforms by customary means of using an electronic device together with any method of direct human input including but not limited to mouse, keyboard, touch sensitive screen, screen reader, or another form assistive technology. We do not permit accounts to be created by a machine, an automated process, a program, a script, a bot, or an Artificial Intelligence (AI) entity. We only permit accounts to be created for some other living person who is not the direct operator of the electronic device if the operator is operating under the direct permission, approval, and oversight of the person for whom the account is being created, the person for whom the account is being created is legally able to provide consent to the account creation process including acceptance of these Terms using the operator only as an assistive person, and if the person for whom the account is being created is unable to operate the account creation process themselves. Should Echodify have evidence that an account has been made by or is operated by anything other than a human person, or if Echodify has evidence that an account has been made for another living person without that person’s direct permission, approval, and oversight, Echodify reserves the right to take action against that account up to and including account suspension or termination. For all purposes of and applying everywhere in these Terms, if an operator of an electronic device is creating an account for another living person and is therefore operating under their direct permission, approval, and oversight, and also the person for whom the account is being created is legally able to provide consent to the account creation process including acceptance of these Terms, then the term “You” as defined above in the “Agreement” section of these Terms shall apply to the person for whom the account is being created even if their sanctioned and approved operator is the person who clicks buttons or takes any other proactive and proper action to indicate acceptance to these Terms.

We require the use of Multi-Factor Authentication (“MFA”) as part of the account creation process.  MFA is when you receive an SMS Text Message on your phone or other electronic device containing a special code you then input into the web app to double-confirm your identity. By creating an account with Echodify, you accept, agree, and permit Echodify to send you text messages to your phone or other electronic device using the phone number you register with, or the phone number you subsequently update within your profile.

Registering / Creating an Account

To access and use our Services, you must register for an account with Echodify (“Account”) for one to be created for you. To complete your Account registration, you agree (a) to provide us with complete and accurate information, (b) namely to provide us with a valid and current email address (“Primary Email Address”) and phone number (“Primary Phone Number”) that you own and control and that does not belong to another person or entity, and (c) to keep that information current so that we can communicate with you about your Account. We may need to send you notices about important updates (like changes to these Terms or our Privacy Policy), or to inform you of legal inquiries we receive about your use of our Services so you can make informed choices in response. We encourage you to provide your own (or your company’s) contact and billing details, including your Primary Email Address and Primary Phone Number that we may use it to identify and determine the actual and true owner of the Account (a process called “authentication”) and/or Member Content (as defined below), and to use them to provide you secure access into your Account.

You acknowledge that Echodify will use the Primary Email Address you provide upon registering for an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the Primary Email Address you provide to Echodify, and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Echodify can only be authenticated if they come from your Primary Email Address.

By registering for an Account and providing a Primary Email Address, you agree and consent to receive email communications from us for:

·         Account management purposes such as changing and confirming your email address,

·         Account activity purposes such as receiving notifications you have received Echoes, Shouts, and Virtual Legacies from other Members (see below for more information about what these are), or that you are due to send them to other Members, and

·         Internal marketing purposes such as receiving notices of special promotions and deals.

We require by default the use of Multi-Factor Authentication (MFA), an industry standard practice requiring you to verify codes sent by text message to your Primary Phone Number when you initially register for an Account, and each time you log-in to your Account thereafter. These codes provide a second, independent method of authenticating your identity. By registering for an Account and thereby by providing your Primary Phone Number, you give us explicit permission to send your Primary Phone Number text messages containing these access codes and indemnify us and hold us harmless if such text messages cause you additional fees and carrier charges according to your own phone plan. The Primary Phone Number you provide must be able to accept incoming text messages. Once an Account is created, you have the option to turn off MFA for Account log-in purposes, but you must continue to use MFA to confirm important changes to your account, which include but are not limited to changing your Primary Phone Number and changing your Primary Email Address.

If you turn MFA off for Account log-in purposes, you acknowledge you are willfully reducing, diminishing, and degrading the security of your Account, specifically the enhanced security we provide through MFA, and indemnify us and hold us harmless should your Account be compromised when MFA is turned off for Account log-in purposes.

Usernames and Uniqueness

Echodify reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark to those usernames. Furthermore, you agree to register an account for yourself or the organization, corporation, partnership, or similar entity you represent, and agree to refrain from impersonating any individual person, organization, corporation, partnership, or similar entity that is neither yourself nor an organization, corporation, partnership, or similar entity you truly represent.

Your account must be created using a unique username, which is the name that shall be used to log-in to your account. Your account also must use an email address that is unique (not used by any other account). Therefore, there is one account per unique username per unique email address.

Generally, you must be at least 18 years-old to create and to operate an account, but we do permit you to create and to operate an account if you are at least 13 years-old had have obtained explicit parent or guardian consent. Echodify does not target our Sites, Platforms, or our Services to children under 13, and we do not permit any Members under the age of 13 to use Echodify’s Services. Should Echodify have evidence that any Member has created and is operating any account, and is under the age of 13, we will terminate that account immediately. Echodify will take the same action for accounts created and operated by anyone in another jurisdiction where the statutory minimum age may be older.

You may not create accounts or use any of Echodify’s Sites, Platforms, or Services in violation of any export control laws or when there are sanctions imposed upon you by the United States of America. You may not use Echodify’s Sites, Platforms, or Services if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or prohibitions administered by a United States government agency.

Account Security and Responsibility

You are responsible for keeping your account secure by safeguarding and keeping any authenticating information you are responsible for private and secure, which includes but is not limited to your username (which only you can see on Echodify’s platforms except for staff), your password (which only you know and which we do not know and cannot access), access to your Primary Email Address and your Primary Phone Number which may be used in Multi-Factor Authentication (MFA).

You are responsible for taking all steps to ensure that no unauthorized person shall have access to your Account, your Primary Email Address, and your Primary Phone Number. If anyone other than yourself accesses your Account, they may perform actions available to you and may make changes to your Account, Services you have purchased from us, and your Member Content. You agree that Echodify shall have no liability for any loss or damage resulting from your failure to maintain the security of your Account information. You agree to immediately notify us of any unauthorized use of your Account or your password. If we believe your Account has been compromised, we may lock it until such time that the matter has been resolved.

You are not allowed to transfer or to sell your Account to another individual or entity in any way. You are not allowed to use your Account to circumvent the ordinary use of any of our Services, especially data storage containers called Virtual Legacies.

Your Account is At-Will

You choose to register for and to create an Account at-will, and therefore you may discontinue use of our Sites, Platforms, and Services at any time you choose. Should you choose to do any of this, you agree to indemnify us and to hold us harmless of any part, component, or time duration of our Services is outstanding for which you have paid in advance.

6. Your Content

Echodify’s Services allow you to, among other things, create content in the form of “Echoes” (text messages created in the present but delivered in the future), “Shouts” (electronic greeting cards created in the present but delivered in the future), and “Virtual Legacies” (data storage containers created in the present but delivered in the future). Virtual Legacies enable you to upload, to securely store, and to pass on (transfer access to) digital content to other Echodify Members at a time of your choosing. In this way you can “pass on what matters to those who matter most.”

Such digital content may include but is not limited to important photos, images, letters, biographical content, articles, documents, writings, creative works, drawings, musical compositions, gaming and 3D assets, audio and video recordings, genealogical files, family history, ancestral heirlooms (in digital format), and any other digital content that you would like to pass on to those whom you want to benefit at a time of your choosing.  This includes the option to create a virtual legacy for and available to the public domain, which for the purpose of these Terms and this Agreement, is defined as any Echodify Member – not just Members connected to you.

Member Content

Any content you create, upload, submit, post, display, share, store, communicate, transfer, or otherwise make available on or via any of our Services, including all Intellectual Property Rights (defined below) therein, is collectively referred to as your “Member Content.” To the maximum extent permitted by law, you agree to be fully responsible for your Member Content, and you further agree not to use any of our Services for any Member Content that does not comply with these Terms and Echodify’s Acceptable Use Policy contained below in the “Your Responsibilities” section of these Terms. Any templates or guides provided by Echodify to assist you in creating Member Content must be used according to and must comply with the Template Usage Guidelines to create Member Content that also is governed by this Agreement and Echodify’s Acceptable Use Policy.

Roles

In every circumstance and in all situations, Echodify is acting as a “Service Provider” to you, and you are a “Member” of Echodify whether you have made a purchase, pay fees to obtain Services or not, and whether you are an individual person or an authorized representative of an organization. Any other Member of Echodify, whether another individual person or another authorized representative of an organization, designated by you to receive, to access, to download, and to use your Member Content (one or more electronic copies thereof) are deemed “Recipients.” You designate Recipients to perform these functions, to have these abilities, and to exercise these rights when you create Echoes, Shouts, and Virtual Legacies (our “Services”) and by selecting and adding Recipients from a list of all possible Recipients compiled for you from among your connections, links, and private profiles. You may also designate the “Public Domain” as your Recipient, which above has been defined as any Echodify Member.

Your Recipients and Your Member Content

You acknowledge and agree that Echodify does not have a direct relationship with any of your Recipients unless they are Members of Echodify themselves. Echodify is not responsible for how and with what information you create what are called “Private Profiles,” which are profiles of individual persons or organizations you keep private and that are not based upon making a formal connection or link within any of our Platforms. Echoes, Shouts, and Virtual Legacies can all be created for and delivered to individual persons or organizations represented by Private Profiles. You acknowledge and agree that you are solely responsible for (1) providing or sending any required notices and (2) obtaining all Private Profile Recipient consents that may be required under applicable data protection and marketing laws.

You acknowledge and agree to use all reasonable efforts to protect information displayed, posted, passed on, shared, collected from and/or passed onto Recipients via your use of our Services, or information that is used to pass Member Content onto Recipients, such as but not limited to information about other persons contained in Member Content and information contained in Private Profiles. You are solely responsible for configuring and implementing security controls to properly manage and secure your account; all your Echoes, Shouts, and Virtual Legacies; and all your Member Content, examples of which are but are not limited to 1) using and continuing to use Multi-Factor Authentication to securely log-in to your account, 2) not leaving your logged-in session unattended especially in public places, 3) avoiding the use of public wi-fi networks when using any of our Platforms and Services, 4) using different passwords on different platforms (not recycling log-in credentials), and 5) not sharing your log-in credentials with anyone in any way. In the event you discover that any personal information or any Recipient information displayed, posted, passed on, shared, collected by you has been compromised constituting a data breach, or is illegal and breaking applicable laws, or has been inadvertently exposed to non-authorized third parties, you shall notify Echodify promptly of such a breach or exposure including the root cause, remediation steps, and compensating controls to ensure such a breach does not occur in the future.

You acknowledge and agree that you are solely responsible for providing any applicable notices to any person or persons affected, your Recipients, any third parties, any person affected in any way by your Member Content, and any authorities under any applicable data breach notification statutes and related laws. You acknowledge and agree that you are solely responsible for any losses, personal injury, or property damage to Recipients arising from or relating to your use of our Services during which and in which you are responsible for, the direct cause of, or the indirect cause of a data breach.

You acknowledge and agree that you are solely responsible for providing any required notices and obtaining all required consents from Recipients and any person affected in any way by your Member Content and in connection with your use of our Services. Your notice and consent must be compliant with all applicable data protection and security laws and regulations. Without limiting the foregoing, before collecting or using any Recipient or personal information, you must provide adequate notice of the information you have incorporated in your Member Content, how it will be used and/or shared, and obtain any necessary consents required under the applicable data protection laws and regulations. You agree to comply with all applicable data protection laws and regulations (including those applying to personal information) in connection with your access and use of our Services. You will respond to anyone wishing to exercise their privacy rights, under the applicable law, as it relates to any information incorporated in your Member Content via your use of our Services. For example, if persons located in certain jurisdictions may exercise a “right to be forgotten” (or “erasure”) to the information you have stored about them in your Member Content, say by further example as part of your written family history or genealogy that you would like to pass on to future generations, you shall comply with their request as required by applicable law.

Disputes of Ownership

Sometimes ownership of Member Content can be disputed between Echodify Members, group Members, and third parties, such as an organization and its employees. We try not to get involved in these disputes. However, we reserve the right in response to complaints we receive from our Members, regarding disputes of ownership of Member Content, at any time and in our sole discretion, and without notice to you, to determine the rightful owner or rightful Account to which said Member Content belongs. Our decision in that respect is final. If we feel that we cannot reasonably determine the rightful owner, we reserve the right to suspend or disable the Member Content in question until the disputing parties reach a resolution. We also may request documentation to help determine the rightful owner, including but not limited to a government-issued photo ID, credit card/purchase invoice, or ‘proof-of-ownership’ digital key.

Echodify as “Data Processor” or “Service Provider”

For clarity, you are directly responsible for Recipient information and information on any person you instruct Echodify to process when you use our Services, including any information you instruct a third-party application (made available via the Service), to process. Echodify is not a data controller of information and is not responsible for responding to Recipients or any other person on your behalf beyond passing on your Member Content per your instructions. To the extent Echodify receives a request from a Recipient, a person on whom or about whom your Member Content pertains or affects, or a legal authority about your use of our Services, Echodify will notify you in compliance with or as permitted by law. To the extent that Echodify processes personal information of your Recipients, or any person affected in any way by your Member Content, Echodify does so as a “data processor” or “service provider” under applicable data protection law.

Intellectual Property Rights

In every circumstance and in all situations, “Intellectual Property Rights” means all rights of ownership including but not limited to patent rights, copyright rights, moral rights, rights of publicity, trademarks, trade dress and service mark rights, goodwill, trade secret rights, licenses, authorizations, approvals, permissions, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

You represent and warrant that you own outright or otherwise have obtained and shall maintain all necessary Intellectual Property Rights of all your Member Content that are necessary to enter into this Agreement and to perform your obligations or to exercise your rights hereunder, including but not limited to the rights to use, to modify, to display privately or publicly, to electronically copy and to make multiple electronic copies of, to transfer to another Echodify Member, and even the right to dispose of your Member Content in the way and in the manner you choose. You additionally represent and warrant that:

·         Exercising your rights to upload and to transfer your Member Content to other Echodify Members in no way interferes with, infringes upon, misappropriates, or otherwise violates the Intellectual Property Rights of others or any third party.

·         The Intellectual Property Rights that govern your Member Content do not expire, and therefore persist into the future beyond the date of your own death to the extent that they allow you to exercise your rights to transfer your Member Content to other Echodify Members at a point in time beyond the date of your own death.

·         Exercising your rights to upload and to transfer Member Content to other Echodify Members in no way interferes with or infringes upon any contract, obligation, pledge, promise, or understanding into which you have entered in the past, that is in effect at present, and that may exist in the future to keep your Member Content unique, uncopied, and not transferred to others.

·         Should you cease to have or will no longer maintain all necessary Intellectual Property Rights of specific Member Content that are necessary to enter into this Agreement and to perform your obligations or to exercise your rights hereunder, you explicitly pledge and agree to delete affected Member Content from our Services.

When you delete your Member Content, you acknowledge that it is permanently and irretrievably deleted from Echodify’s Services; we do not “soft delete” your Member Content.  We do not version your Member Content either; therefore, you acknowledge that when you upload Member Content that bears a file name that is identical to a file name of Member Content you already have uploaded, the new upload will overwrite the existing file permanently deleting the overwritten file.  You may delete your Member Content from Echodify at any time, however, you explicitly acknowledge that doing so after Member Content has been transferred to another Echodify Member or Members does not guarantee that Member or those Members have not, by the time you have deleted your Member Content, already have exercised their rights to access the Member Content you had transferred to them.

You accept and agree that, within Echodify’s sole judgement, if any of your Member Content (1) breaches these Terms and violates this Agreement, including but not limited to the Acceptable Use Policy and the Code of Conduct contained below in the “Your Responsibilities” section of these Terms; or (2) causes or may cause harm to Echodify, our Members, or our affiliated third parties, we reserve the right to limit, to delete, or otherwise to disable some or all such Member Content according to our sole discretion. We will use reasonable efforts to notify you prior to taking any such action unless we have valid reason to believe that doing so would (a) violate the law or the direction of a legal enforcement authority, or (b) would risk legal liability for Echodify, or (c) compromise the integrity or operation of our Services, or (d) cause harm to any Member, to any affiliated third party, or to Echodify.

Echodify respects the Intellectual Property Rights of others and expects and requires our Members to do the same. If you believe, in good faith, that any Member Content or any other material provided on or in connection with our Services infringe upon a valid copyright, trademark, or other Intellectual Property Right, Echodify provides a few ways you can use to let us know. First, you can report the content by clicking on any report link that generally is included in any Echo, Shout, or Virtual Legacy. Second, you can open a technical support ticket following the “Technical Support” link at the bottom of each page. Third, you can open a contact request following the “Contact” link at the bottom of each page. Fourth, you can email us at support@echodify.com and we will investigate.

Echodify’s Intellectual Property Rights

Echodify remains the exclusive owner under every circumstance of its own Intellectual Property Rights, and in no way does this Agreement transfer to you any Intellectual Property Rights belonging to Echodify or to any of Echodify’s third-party licensors if any should exist.  All rights, titles, and interest in and to such property solely and exclusively remains with and belongs to Echodify.  All trademarks, service marks, graphics, logos, patents, and copyrights used in connection with our Sites, Platforms, and Services belong to Echodify (or to Echodify’s third-party licensors should any exist) with All Rights Reserved.  Other trademarks, service marks, graphics, logos, patents, and copyrights used in connection with our Sites, Platforms, and Services may be the property of third-party licensors. Using our Services does not grant or transfer to you any Echodify or third-party Intellectual Property Rights. See the Section entitled “What We Own” for more terms regarding Echodify’s Intellectual Property Rights.

Rights You Retain

Echodify respects the Intellectual Property Rights of its Members.  In the same way in which we reserve and protect our Intellectual Property Rights, Echodify in no way makes any claim to the rights of ownership, patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights of Member Content. When you use any Echodify’s Services, especially the Virtual Legacy, you retain ownership of and reserve for yourself all Intellectual Property Rights to your Member Content.

Rights You Grant

You represent and warrant that you understand and furthermore you acknowledge that our Services consisting of Echoes, Shouts, and Virtual Legacies, most notably but not excluded to Virtual Legacies, are designed and intended to:

1.       enable you to pass on (to deliver, to convey, to transfer, and to make available)

2.       digital copies of your Member Content (which you author, write, record, copy-and-paste, upload, or attach)

3.       to other Echodify Members you choose (e.g. family, friends, favorite organizations, and even all Echodify Members referred herein as the “Public Domain” should you choose this option on any Service, any of which or all of which are designated by you as the recipients of a Service, and are referred herein as “Recipients”)

4.       at a future date you choose up until the expiration of any particular Service you are using.

Virtual Legacies in particular accomplish all the above by providing a way for you to upload Member Content in the form of electronic files into a private and secure data storage container called “Common File Storage,” which houses all your Member Content you have uploaded into Echodify’s Sites and Platforms, and does so before, during, and after you attach it to particular Virtual Legacies you obtain. Common File Storage space is determined to be the sum of the storage space of all the Virtual Legacies you obtain. Virtual Legacies themselves, since they are distinct and separate from your Common File Storage, provide an additional way for you to indicate in them which specific, individual file or files (from among the total complement of your Member Content housed in your Common File Storage) you wish to attach to them.

Your Member Content always remains privately and securely stored in your Common File Storage, and only becomes accessible to (“passed on to”) other Echodify Members when you overtly and deliberately attach specific files from among your Member Content to one or more Virtual Legacies, and then proceed to compile (“add”) a list of Recipients to those same Virtual Legacies, and then proceed to select a Send Date, and then finally proceed to “Create” the Virtual Legacy by activating the appropriate Create button. Once created, the Virtual Legacy is “live” and will be sent (“delivered”) to all the Recipients you have compiled in a list at or upon the Send Date you have chosen.

To be clear, once you obtain your first Virtual Legacy, you then get access to your one and only one Common File Storage, which is separate and distinct from the Virtual Legacy and all other Virtual Legacies you may obtain. Common File Storage space is determined to be the sum of the storage space of all the Virtual Legacies you obtain. You upload files (Member Content) into and curate them (organize them) in your Common File Storage, not into any Virtual Legacy. Once files have been uploaded to your Common File Storage, you are then free to attach them (references to them) to any Virtual Legacy you have obtained. Your attached files are only references, the physical files never leave your Common File Storage. This way you do not have to upload multiple copies of the same file in order to attach it to multiple Virtual Legacies; you upload once and then simply attach to as many Virtual Legacies as you desire.

In a future enhancement we do intend to enable you to apply licensing to the Member Content you pass on to Recipients, should you choose to do so. But as of this version of these Terms, you acknowledge, accept and agree that you grant each and every one of the Recipients you add to any Echo, Shout, and Virtual Legacy you create for them and send to them, that is therefore inevitably delivered to them, universal and unlimited rights to receive, download, upload, submit, post, display, share, store, communicate, transfer, or otherwise make available the specific Member Content you have attached to said Echo, Shout, or Virtual Legacy. You declare and acknowledge that this is the main point of sending copies of Member Content to family, friends, and organizations of interest to you, at a time in the future that you choose all the way up until the expiration of the Echo, Shout, or Virtual Legacy you use. Furthermore, you acknowledge, accept, and agree that by attaching specific files from your Member Content to any particular Service you use, whether an Echo, Shout, or Virtual Legacy, you represent and warrant your deliberate intention to share said Member Content with the specific Recipients of that Service.

Copyright Infringement

Echodify respects the Intellectual Property of others, and you agree to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law. If you or anyone using our Sites, Platforms, and Services believe, in good faith, that any materials provided on or in connection with our Sites, Platforms, and Services infringe upon copyrighted or other protected Intellectual Property right not belonging to Echodify or you, you or anyone using our Sites, Platforms, and Services may submit a request for removal of those materials (referred herein as a “Takedown Notice”) in accordance with The Digital Millennium Copyright Act (DCMA) of 1998 and we will review the materials at once. You may submit your Takedown Notice in writing to:

Echodify, Inc.
PO Box 1402
Fall River, MA  02722

Or it may be emailed to: support@echodify.com

Or you may submit a technical support request at https://www.echodify.com/techsupport/ and choose the option “Copyright Takedown Request” under “Concerning.” A technical support request is not the actual Takedown Request, but if you contact us in this way we will correspond with you in order to obtain all that does constitute a Takedown Request.

An official Takedown Request must include at a minimum:

·         Your name;

·         Your contact information (address, telephone number, and email address);

·         The identification and description of the potentially infringing material including the URL;

·         A declaration that you are the rights holder of such material and the location of the original;

·         A statement that you have a good faith belief such material is not authorized by the copyright owner, its agent, or the law;

·         A clear and explicit request for us to expeditiously remove or disable access to such material;

·         And a physically or electronically signed statement by the owner of the copyright or a person authorized to act on their behalf that the information you are submitting is true and accurate under penalty of perjury, samples of which are either:

o   “I have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”

o   “I certify under penalty of perjury that the information in this complaint is accurate and that I am the copyright owner or am authorized to act on the copyright owner's behalf.”

An acceptable example of an official Takedown Request can be found at:  https://library.georgetown.edu/copyright/dmca-takedown and is able to be used under a Creative Commons License.

Please be aware that if you knowingly materially misrepresent that certain material or activity is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that your Member Content was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting a written notification pursuant to the DMCA. The Counter Notice must include substantially the following:

·         Your name;

·         Your contact information (address, telephone number, and email address);

·         Identification of the Member Content that has been removed or to which access has been disabled and the location at which the Member Content appeared before it was removed or disabled;

·         The statement: "I swear [or affirm], under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

·         A statement that you will consent to the jurisdiction of the Federal court of the Boston District of Massachusetts and a statement that you will accept service of process from the person (or an agent of that person) who provided Echodify with the complaint at issue.

·         Your physical or electronic signature or that of a person authorized to act on your behalf.

Please be aware that if you knowingly materially misrepresent that material or activity was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

7. Your Responsibilities

Compliance with Applicable Law

You represent and warrant that your use of our Services, including any content you create, upload, submit, post, display, store, communicate, transfer, or otherwise make available on or via any of our Services, shall comply with all applicable laws, rules, and regulations, including without limitation to applicable privacy and data protection laws and applicable export or import controls, regulations, and sanctions. You may have additional obligations under local law other than those described in these Terms, particularly if you or your Recipients are located outside of the United States. Such obligations may be more restrictive than these Terms. Use of our Services does not ensure compliance with such laws, nor is Echodify responsible for your compliance with such laws. You accept and agree that Compliance with local law that is more restrictive than these Terms is your sole responsibility.

Acceptable Use Policy

Our mission is to benefit our Members and their connections and Recipients in the preservation of their legacy, heritage, and memories, and our Services are designed to give you not only control and ownership over your Member Content, but a conduit through which to pass that Member Content on to those who matter most in your life and beyond. We encourage you to express yourself freely, subject to the following provisions. You represent and warrant that your use of Sites, Platforms, and Services, including any posts, messages, communications, creations, and your Member Content shall all comply with all the following provisions which are collectively called our “Acceptable Use Policy.”

• You shall use Echodify’s Sites, Platforms, and Services in strict accordance with these Terms and this Agreement;
• You shall comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
• You shall not (i) use Echodify’s Sites, Platforms, and Services for any unlawful purposes; (ii) to upload, store, create, post, distribute, transmit, or publish illegal content; or (iii) use Echodify’s Sites, Platforms, and Services in furtherance of illegal activities;
• You shall not infringe or misappropriate the Intellectual Property Rights of Echodify, other Echodify members, or any third party;
• You shall not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
• You shall not disclose the personal information of others;
• You shall not send spam or bulk unsolicited Echoes, Shouts, Virtual Legacies, messages, mail, or Echodify invites;
• You shall not interfere with, disrupt, or attack any of our Sites, Platforms, Services, network, or other technical infrastructure;
• You shall not upload, store, create, post, distribute, transmit, publish, or enable material that is, facilitates, or operates in conjunction with viruses, malware, spyware, adware, ransomware, or other malicious programs or code;

·         You shall not manipulate, degrade, attack, hack, or disrupt any of Echodify’s Sites, Platforms, and Services;

·         You shall not attempt to avoid, circumvent, or overcome any of our privacy or security safeguards;

• You shall not modify or attempt to modify any of Echodify’s Sites, Platforms, and Services in any way that violates their purpose and intent as documented within these Terms and this Agreement, or any of Echodify’s internal and external technical specifications whether or not they have been made publicly accessible;

·         You shall not reverse engineering, decompile, disassemble, decipher, or otherwise attempting to derive the source code for or attempt to discover the inner workings of any of Echodify’s Sites, Platforms, and Services, or any related technology that is not Open Source; nor shall you make an attempt to do so;

• You shall not rent, lease, loan, sell, resell, pledge, trade, or engage in any type of commerce with any of Echodify’s Sites, Platforms, and Services or any related data contained thereon or therein without our explicit, written consent, including but not limited to your own data;
• You shall not sublicense any of Echodify’s Sites, Platforms, and Services;
• You shall not rent, lease, loan, sell, resell, pledge, trade, or engage in any type of commerce with your Echodify account nor shall you give it away to another person, organization, third-party, or entity;
• You shall not rent, lease, loan, sell, resell, pledge, trade, or engage in any type of commerce with your Member Content or to transfer your Member Content to another person or organization in a way that is different than the way or ways our Services normally provide

While Echodify in general does not use, look at, or scan Member Content in any way, and therefore provides to our Members an exceptionally strong degree of privacy which lies at the heart of our values as a company, there are three reasonable exceptions to this whereby Echodify will access and potentially take action against Member Content:

1.       If you attach files to a Legacy you send to the Public Domain, you are deliberately making your content public and it would be publicly accessible upon and after the send date. Public Domain data is public, and Echodify as well as any other Member or any of our partners or third-parties reserve the right to use public data in any way that is ethical and within generally accepted academic standards;

2.       If you send a Legacy with objectionable material and it is reported by any of its Recipients, we will at that point have just cause to review it and to take action if it violates this Acceptable Use Policy or any other provision or section of these Terms;

3.       Lastly, along with all other service providers, we are legally obligated to cooperate with any valid legal order from a law enforcement agency.

Code of Conduct

You represent and warrant that your use of our Sites, Platforms, and Services, including any posts, messages, communications, creations, and all your Member Content shall comply with all the following provisions which are collectively called our “Code of Conduct.”

• You shall not use Echodify’s Sites, Platforms, and Services in any way to demean, disparage, disrespect, harm, hurt, injure, harass, slander, or seek revenge or retribution against any person or persons whatsoever including but not limited to any officer, employee, contractor, third-party, or any other agent of Echodify; any Member of Echodify; any of your own connections, persons represented by your private profiles, organization links, and Recipients; and any public or notable persons; if you cannot use Echodify’s Sites, Platforms, and Services to benefit and bless people, do not use them at all;
• You shall not use Echodify’s Sites, Platforms, and Services in any way to upload, store, create, post, distribute, transmit, or publish information that you know is false, fallacious, or inflammatory if the sole purpose of such use is to further spread and propagate said content;
• You shall not use Echodify’s Sites, Platforms, and Services in any way to upload, store, create, post, distribute, transmit, or publish any content that is obscene, lude, flagrantly objectionable, pornographic, illegal, or what would otherwise violate the community standards of the community in which you live;
• You shall not use Echodify’s Sites, Platforms, and Services in any way to exploit, extort, blackmail, coerce, bully, sexually harass, enslave, or traffic any person or persons whatsoever; nor shall you use Echodify’s Sites, Platforms, and Services to disclose damaging information on another person or persons; Echodify has zero tolerance for any conduct or Member Content that even encroaches upon such behaviors, and will report to and cooperate with any law enforcement agency that has jurisdiction over such behavior;
• You shall not use Echodify’s Sites, Platforms, and Services in any way to communicate or share Member Content with any minor person or persons under the age of eighteen years-old unless you are also a minor person under the age of eighteen years-old using Echodify in accord with the above “Agreement” section of these Terms, operating under the authority and permission of your legal parent or guardian;

If within the sole judgment of Echodify we determine and have evidence you violate or have violated the Acceptable Use Policy, or the Code of Conduct, or any other provision or section of these Terms, especially any serious prohibitions located therein, we reserve the right to suspend or to permanently terminate your access to our Sites, Platforms, and Services immediately and without notice; to report your Member Content to any appropriate governing authority if within the sold judgement of Echodify it violates the law; to permanently delete your Member Content; and to suspend or to permanently delete your account regardless if you have or have not paid in advance for any of our Services. Furthermore, you agree to indemnify us and to hold us harmless of any repercussions and consequences thereof; to your account; to your connections to family and friends, and to links to organizations; to your Member Content; to your draft, created, delivered, and received Echoes, Shouts, and Virtual Legacies; and to whatever part, component, or time duration of our Services is outstanding for which you have paid in advance.

If Echodify has issued you a warning regarding your violation of the Acceptable Use Policy, or the Code of Conduct, or any other provision or section of these Terms, in which we demanded you cease and desist from such violation, and if you are found to have continued or do continue in your violation, you are a “Repeat Infringer.” Echodify reserves the right to take the same action as above when a Member is determined to have violated the Acceptable Use Policy, or the Code of Conduct, or any other provision or section of these Terms, regardless of the issuance of any past warning. The issue of a past warning does not bind us to issue another warning for repeat violations and we reserve the right to take more severe action in response to repeat infringement. Echodify within its sole judgment reserves the right to determine which violations are minor enough to warrant a warning and which are severe enough to warrant account termination. You agree that what Echodify judges or determines in this regard in one circumstance has no bearing on any other related or separate circumstance.

8. Third-Party Services and E-Commerce

Echodify uses and relies upon various third-party services for the correct and proper operation of our Sites, Platforms, and Services. These third-party services may require Member data to operate properly, and you explicitly agree and give consent that we may provide in a safe and secure manner, following industry-accepted standards of encryption, the minimum but necessary amount of your Member data to our third-party service providers in order that our Sites, Platforms, and Services can function properly. The following describes by example some situations in which Member data must be provided to our third-party service providers but is by no means exhaustive, and your agreement and consent shall be construed to equally apply to our third-party service providers and Member Content not included in the following.

Echodify uses an SMS Text Message provider to send SMS Text Messages to your electronic device, most likely your phone, used for Multi-Factor Authentication when you perform sensitive actions upon your account such as but not limited to logging-in and changing your email or phone number. Twilio is an Echodify third-party service provider, and for them to send SMS Text Messages to you, we must transmit to them your phone number along with the message.

Echodify uses an email provider to send emails to our Members. Our email provider is an Echodify third-party service provider, and for them to send emails to you, we must transmit to them your email address along with the message.

Echodify uses Amazon Web Services (“AWS”) for much of the technical infrastructure of our Sites, Platforms, and Services including but not limited to database functions and data storage. We specifically chose to do business with AWS because of their industry-leading work to provide safe and reliable technical infrastructure. AWS is therefore an Echodify third-party service provider who houses our Member Data and Member Content.

Echodify uses Google Analytics for the purpose of knowing basic and industry-standard statistics about the general use of our Sites, Platforms, and Services. We send a unique session ID to Google Analytics, and they provide reports that show us which of our Platform pages (i.e. webpages) are frequently visited, which are rarely visited, and which are clicked-through to another. This helps us optimize our Platforms for ever increasing ease of use, providing continually increasing value to our Members.

E-Commerce

Echodify uses and relies upon PayPal Holdings, Inc. (referred herein as “PayPal”) to enable and to facilitate our e-commerce operations. PayPal is therefore an Echodify third-party service provider. Enabling and facilitating financial transactions is an enormously complicated task fraught with compliance issues that run the gamut from security to reporting to complying with Federal and State financial regulations. PayPal handles all aspects of our e-commerce including but not limited to our point-of-sale when you are asked to log-in to your PayPal account to select your method of payment (or when you’re asked to input credit card information), through payment processing, to receiving transaction confirmation.

Echodify has no access to any data you send to PayPal such as but not limited to your identity, your PayPal credentials and PayPal log-in session, and your credit card information. When you use PayPal, PayPal provides a pop-up window that in whole belongs to PayPal and is not part of Echodify’s Sites, Platforms, and Services in any way. When you use PayPal’s pop-up window to use PayPal’s functionality, even though we provide the buttons to initiate it, you represent and warrant that you understand that you are exiting the Echodify Sites, Platforms, and Services and entering PayPal’s Sites, Platforms, and Services.

To the extent you use PayPal’s technical infrastructure, you explicitly agree to indemnify us and hold us harmless of all repercussions from your use of PayPal’s technical infrastructure even though we rely upon PayPal as our e-commerce third-party service provider, and even though we provide the buttons to you for you to initiate PayPal’s technical infrastructure. Echodify makes no representation or warrantee for the complete, secure, and successful operation of PayPal’s technical infrastructure. Echodify will of course do everything we can to provide our own customer service, and to work with you to resolve problems that may occur, but you agree to primarily take up with PayPal any issues that pertain to PayPal and the services they render, understanding that Echodify will act solely in a supportive role.

Sales and Use Tax

Echodify will make every effort to collect on your behalf any sales taxes that we have reason to believe you owe from your purchases from us by adding it to the subtotal of your purchases. Echodify does not charge for your Account; use of Echodify’s Sites and Platforms; nor does Echodify charge for any use of our software operating on our Platforms. We also do not charge for any of our Services that we offer for free, for example, Echoes. Our charges are limited to the specific Services we offer at a premium.

The Commonwealth of Massachusetts exempts most of Echodify’s Services from the assessment and collection of sales tax, as documented in 830 CMR 64H.1.3 (9), which covers the processing of data furnished by customers, and Letter Ruling 12-8 dated November 8, 2013, which covers cloud computing services and data storage. The State of Rhode Island, our close neighbor and adjacent jurisdiction, does as well as documented in Ruling Request No. 2017-02.

If Echodify does not collect sales tax from you, it means either that the Service you are purchasing is exempt from the collection of sales tax according to the jurisdiction of your billing address, or we have not achieved physical or economic nexus in your jurisdiction. Echodify continually monitors for compliance to physical and economic nexus requirements, and as soon as we achieve any nexus requirement that obligates us to collect sales tax from you and remit it to the jurisdiction of your billing address, you will see sales taxes begin to appear on our transactions.

9. What We Own

Echodify Intellectual Property (“IP”)

Except for your Member Content and information you enter to create invites, contacts, links, and private profiles, all materials on or inherent to our Services including but not limited to the Sites and Platforms on which our Services are accessible and hosted; applications that allow integrations with other applications, Platforms, and Services; the Services themselves; and all Intellectual Property Rights contained therein or related thereto including text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, video, artwork, applications, computer code and associated documentation (collectively referred herein as “Echodify IP”), including but not limited to the design, structure, organization, arrangement, content, and the general “look and feel” of Echodify IP, is wholly and exclusively owned by Echodify or is licensed to us and our licensors and are protected by copyright, trademark, or other Intellectual Property Rights and laws.

Other than as provided in these Terms, Echodify does not grant to you, or any Member, or any User of our Sites, Platforms, and Services, any license, express or implied, to Echodify IP. Except as expressly provided in these Terms, no part of our Sites, Platforms, Services, or Echodify IP may be copied, reproduced, stored in any data storage device, scraped, sold, republished, transmitted, displayed, reposted, or otherwise distributed for private, public, or commercial purposes. Subject to the terms and conditions of these Terms, Echodify provides you with a non-exclusive, revocable license to use our Sites, Platforms, and Services as expressly permitted by the features and functionality thereof and the terms of this Agreement. Echodify may terminate this license at any time for any or no reason.

Echodify’s Trademarks and Their Use

Echodify owns, manages, and oversees the trademarks and trademark applications for the Echodify name (“Echodify”), slogan or what is otherwise called our positioning statement (“Pass on What Matters to Those Who Matter Most”), logos, and other words and pithy phrases used to label and to differentiate our Services. We developed this trademark usage policy to make it:

You explicitly agree to obtain written permission from us to use any of our trademarked names, logos, or phrases as part of any private or public publication, project, research paper, article, blog, post, social media write-up, product, or service except as otherwise allowed by law or what is generally allowable under fair academic or journalistic practices. You explicitly agree never to use any of our trademarked names, logos, or phrases as part of any company name, product or service name, brand name, domain name, or packaging. You also explicitly agree to obtain written permission from us to mention Echodify in a way, whether written or oral, whether public or private, that communicates or conveys actual or implied relationship, partnership, affiliation, approval, disapproval, affirmation, denouncement, endorsement, or criticism of you; any other person; any other site, platform, product, or service; any social media account, platform, blog, or channel; any cultural, social, or political cause or movement; any event or holiday; or any hobby, business, or venture. Written requests for permission to use Echodify’s trademarks including adequate narrative explaining the context of such use can be sent to:

Echodify, Inc.
PO Box 1402
Fall River, MA  02722

Or may be emailed to: support@echodify.com.

10. Our Rights

We reserve all of our rights, whether expressed or mentioned overtly in these Terms and this Agreement or whether they exist without mention herein, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change, alter, and enhance parts or all of our Sites, Platforms, and Services and their functionality; (b) we may suspend or discontinue parts or all of our Sites, Platforms, and Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of our Sites, Platforms, and Services; (d) we may terminate, suspend, restrict or disable access to your Account or parts, some of, or all of your Member Content; and (e) we may change our eligibility criteria to use our Sites, Platforms, and Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use our Sites, Platforms, and Services in that jurisdiction).

11. Our Services

Echodify offers to you, to the general public, and to our Members a suite of Services usable and accessible through our Sites and Platforms. These Services are intended to operate inside our Sites and Platforms and do not have any stand-alone, downloadable, and installable component that resides on your computer or electronic device. Therefore, your continued use of our Services, whether offered free or purchased by you, is contingent upon your continued ability to access our Sites and Platforms, which also by implication requires you to continue to have access to a computer or other electronic device and to continue to have Internet service with which to reach our Sites and Platforms. Echodify does not provide any means through which you can access our Services apart from our existing Sites and Platforms, which as of this version of these Terms, consist of our website (www.echodify.com) which hosts our web app.

Some of our Services have a price structure such that they are offered for free, some are metered (free to a certain threshold, then offered at an increased measure or capacity for an additional fee), some are offered in whole for a one-time fee, while others are offered on an on-going basis within the confines of a current subscription. Use or purchase of Services of one of these pricing structures does not imply the continued availability of a new instance of that same Service of the same pricing structure in which you have previously acquired it. While the pricing structure of any of our Services you acquire will always be honored for the lifetime of that Service, you are not guaranteed that a new purchase of another instance of that same Service, or a comparable one, will always be available, offered in the same pricing structure.

Echodify may offer the same Service among various, stratified degrees or levels of capability at commensurately higher price points and/or for a pricing structure that is of a different type. For example, we may offer a Virtual Legacy of a certain storage size and max lifetime (referred herein as “Configuration”) for a specific one-time fee, and we may, at the same time, offer another Virtual Legacy of the same Configuration, but of a greater degree or level of capability, for a subscription. Or we may offer that same Virtual Legacy of a specific degree or level of capability for a specific one-time fee (which will be honored for the lifetime of that Virtual Legacy), but in addition, we may offer an increased degree or level of capability not offered and not reflected in that one-time fee, but for an additional subscription, the lapse of which revokes access to that increased degree or level of capability (while not infringing upon and not harming the lesser degree or level of capability already purchased and reflected in the specific one-time fee). We may permit you to upgrade or downgrade your already acquired Service from one degree or level of capability to another, at our discretion and, if so offered, at and for a price and of a pricing structure of our discretion.

Echodify may offer Services that are of Configurations or are of degrees or levels of capability not universally offered to all Members, created specifically for special arrangements or special partnerships with other companies or organizations, or created for a special Member, groups of Members, group, event, setting, purpose, trade show, or convention. We may also offer Services that are universally offered to all Members but offered at special discounts, promotions, rates, and terms specific to special partnerships with other companies or organizations, or specific to a special Member, groups of Members, group, event, setting, purpose, trade show, or convention.

12. Billing and Payment

Members of our Sites, Platforms, and Services may be required to provide their credit card details to Echodify or any Payment Service Provider retained by Echodify (referred herein as “PSP”), an example of one we currently use is PayPal Holdings, Inc. (referred herein as “PayPal”). When you make a purchase, you agree to pay all applicable costs and fees related to your purchase of any of our Services (referred herein as “Fees”) whenever you order us to deliver one or more of our Services that incur Fees to you. This not only includes the ordinary means of completing any of our standard order processes on any of our Sites or Platforms, but also includes extraordinary means in which you order us to provide you with one or more Services that incur Fees outside of any of our standard order processes. An example of extraordinary means of purchasing one or more Services is if we elect to undergo an in-person transaction for the purchase of any of our Services in conjunction with an in-person event, workshop, working session, group demonstration, trade show, or conference.

You are solely responsible for all federal, state, provincial, and local taxes levied upon your purchase or purchases, including but not limited to sales, use, VAT, or similar taxes (referred herein as “Taxes”) imposed on or added to the Fees paid for any one or more of our Services, unless you provide Echodify with a valid tax exemption certificate. You may mail an electronic copy of a valid tax exemption certificate to:  support@echodify.com. All Taxes owed and payable by you will be separately stated and exclusive of the Fees. Reversely, all Fees for any one or more Services you are purchasing will be separately stated and exclusive of the Taxes owed and payable by you.

Echodify may be required to act as collector and remitter of Taxes on your behalf. When this is the case, you agree that Echodify will add to your total Fees the clearly labeled and identified Taxes you owe for whatever purchase or purchases that are at hand, on the transaction that is at hand, and you agree to pay those Taxes in addition to the Fees at the time the transaction is authorized by you and processed by our PSP, which we will then collect and forward, on your behalf, to the jurisdiction that has taxing authority over your purchases. Notwithstanding the foregoing, you will have no liability for taxes that are statutorily imposed on Echodify, including any tax that is Echodify’s responsibility based upon our operations. You will also have no liability for Taxes for any Services statutorily exempt from such Taxes.

When you make a purchase, you agree to provide your current and correct billing address or to confirm your previously submitted still-current and still-correct billing address, which is used for billing purposes and to determine Taxes you owe for whatever purchase or purchases that are at hand. Usually this is based on the state or province, and postal code, of your billing address. Free accounts are not required to submit billing or payment information. You are required to have an Account and to be a Member in good standing to make a purchase from us.

Services of a price structure in which they are billed and paid for on an on-going basis in cycles (for example, monthly subscriptions billed and paid for in monthly cycles), in contrast to Services of a price structure in which they are billed and paid for on a one-time up-front basis, are billed and paid for in advance of the time period to which the bill and payment pertain (the “Cycle”). Although a Service like this may be cancelled per any applicable cancellation policy not specified in or infringed upon here, payments made to pay for the current cycle are non-refundable and you agree no prorated refund shall be due. However, you will continue to receive the benefit of that Service until the expiration of the current Cycle.

There will be no refunds for Services that have been used or consumed. An Echo, a Shout, and a Virtual Legacy is used or consumed if it has been delivered to recipients, including the Public Domain. We reserve the right at any time at our sole discretion to change our Fees for newly offered Services, whether completely new Services or an update to our existing Services, including but not limited to instituting new Fees or changing the price structure in which our Services are newly offered (“Changes”). You agree that any such Changes are satisfactorily communicated to you prior to those Changes going into effect by having been either (1) published on our Sites and Platforms, or (2) having been disclosed to you in an email notice, or (3) having been disclosed to you in the mailing of a hard-copy notice. Changes are always in effect the moment they are published on our Sites and Platforms as the then-current offer price, having replaced the previous prices that had been shown.

Echodify also reserve the right to override any provision or term in this Billing and Payment section, at our sole discretion, for what we judge at the time to be a beneficial customer service experience, providing the override grants a more generous benefit to you and never a less generous benefit than what is agreed upon herein.

Return Policy

Echodify may offer a return policy at its discretion unless compelled to offer a specific one to you by law. If compelled by law, then Echodify’s return policy that is applicable to you is either that which is compelled by and defined by law, or another return policy we may offer that at least fulfills all legal requirements set by law, and which provides a larger and more generous benefit to the Member. The complete terms of any specific return policy offered by Echodify shall consist of the language that appears wherever a return policy is mentioned, accompanied by descriptive detail, and shall not consist of any additional provisions and terms not contained in that language unless additional provisions and terms are required by law.

13. Privacy and Cookie Policies

For Echodify’s Services to function according to their design, we have the legitimate business need to properly and securely collect, process, store, use, delete, and disclose (when appropriate and in specific cases that you configure and give consent to), collectively herein referred to as “Collect and Manage,” certain personal information and data from you including but not limited to data pertaining to your anonymous visits to our Sites; your use of our Sites, Platforms, and Services anonymously or as a logged-in Member; your identity as a registered Member; your Account settings; and your Member Content (collectively herein referred to as “Information”). The reasons are straight-forward since our Services specialize in passing on your most meaningful digital content to those who matter most in your life.

There is data we Collect and Manage directly as a first-party Service Provider, which is processed by us and stored in our encrypted and secure database, and there is data our third-party technologies collect and manage by means of cookies (for example, Google Analytics). These are two different ways your data may be collected and managed. The first part of our Privacy Policy contained directly below pertains to the former scenario: data we Collect and Manage directly as a first-party Service Provider. Our Cookie Policy then pertains to the latter: data our third-party technologies collect and manage by means of cookies (even though there is a small part of that which describes our first-party cookies).

These two scenarios are covered and treated separately, and so if directly below in our policy that describes how we Collect and Manage your data directly as a first-party Service Provider, we say that specific data is private and never shared with anyone outside of Echodify, that statement is true but only as it applies within the context of the data we Collect and Manage directly as a first-party Service Provider. If that same piece of data happens to also be collected and managed by one of our third-party technologies, and that technology uses it because it is central to how it operates, the fact that we do not disclose that data does not relate to how the third-party technology manages that same data. Refer to both the privacy policy directly below and our Cookie Policy to gain a full understanding of how to totality of your data is collected and managed.

To make this point clear, consider the following use case example. Your IP address is collected and managed by us as your first-party Service Provider, and we never share it with anyone outside of Echodify. We use your IP address for account security purposes and store it securely in our encrypted database. However, we use Google Analytics to provide us with intelligence on who is using our Sites, Platforms, and Services and in what manner they are using them. We do this to make smart business decisions on how we manage Echodify. Google Analytics uses their own technology (programming code) and their own cookies to also collect your IP address. Even though they do not save the actual address because we have set our account settings with them to randomize IP addresses, they will determine roughly the geographic area your IP address represents so that we know in general where in the world our Members are located. In this scenario, both we and Google are independently collecting and managing the same data: your IP address.

In designing our Services, we have made deliberate efforts to minimize the Information we Collect and Manage from and for you, known in the industry as the “Minimum Necessary” rule. In addition, we have designed our Services to operate only on the Information that is necessary, and therefore if we do not have a legitimate business need to ask for certain Information, we do not. Operating both with a legitimate business need and using the minimum amount of Information that is necessary is how we honor our value that “Privacy Is Duty.”

Double Encryption

All Information we Collect and Manage is safeguarded and encrypted at least once because we use encrypted databases, encrypted data storage, and encrypted communications that tie everything together (known as SSL using the HTTPS protocol). Our databases and data storage can be thought of as “containers” in which your Information is kept. The Information inside the “containers” does not need to be encrypted because the “containers” are encrypted following industry standard encryption methods (AES256). This is standard procedure and sufficient to comply with regulations governing healthcare records and financial transaction information.

We at Echodify felt it compatible with our value “Privacy Is Duty” to go above-and-beyond what is standard procedure. Therefore, we separately encrypt every single file upload that comprises your Member Content delivering to you double encryption. Your Member Content is individually encrypted when you upload it from your computer or electronic device (encrypted once), then that already-encrypted content is saved inside encrypted data storage (encrypted twice). We also double encrypt all messages and subject lines on all Echoes, Shouts, and Virtual Legacies because we consider that sensitive information. We also double encrypt or obscure with cyphers other data that we regard as sensitive and in need of extra safeguards.

Information We Collect and Manage That Is Always Private

The following is a full disclosure of all data elements and items we Collect and Manage from you when you anonymously visit any of our Sites logged-out of any Account, or anonymously as a member of the general public without an Account. This information is always kept private (never disclosed to anyone outside of Echodify and never disclosed to any other Echodify Member) and is used for the security of our Sites, Platforms, and Services as well as for general marketing purposes.

·         IP address

o    Your IP address is captured when you anonymously visit any of our Sites logged-out of any Account, or anonymously as a member of the general public without an Account. It is used to ensure the security of our Sites, Platforms, and Services and is never used for anything other than that. One typical use case of how we would use your IP address collected in this manner is to detect anyone attempting to log-in to multiple Accounts using the same IP address (an indication of a credential stuffing attack).

o    Singularly encrypted

·         Referring website

o    If you navigate to Echodify from another website, the referring website is captured for both security and marketing purposes. The referring website is used for security purposes if someone else is caught attempting to launch an attack against our Sites and Platforms. An investigation may reveal information about them from the referring website. It is also used for marketing purposes to let us know which website may be due credit for referring you to any of our Sites.

o    Singularly encrypted

·         If you arrived at any of our Sites by navigating from marketing material we made or authorized

o    There are special codes embedded in query parameters to the web address to any of our Sites used in our print and online advertisements. These codes give us indication of which advertisement you used to arrive at any of our Sites, and/or which venue you visited from which you navigated to any of our Sites, and/or by which person you were referred to any of our Sites, and/or which type of media you used to arrive at any of our Sites, and/or which type of promotion you are responding to.

o    Singularly encrypted

The following is a full disclosure of all data elements and items we Collect and Manage from you when you register for an Account, or if you log-in to your existing Account anew, that are always kept private (never disclosed to anyone outside of Echodify and never disclosed to any other Echodify Member).

The following data elements must be collected from all Echodify Members and are used to operate your Account and, in the instance of your Account Email Address, to send you official notifications and, if your privacy settings permit, to send you special promotions:

·         Account username

o    Username is the private name you use to log-in and is different than your display name. Your display name is what everyone recognizes you as and can see. Example: I may log in with my username “dougsmith48,” but everyone on Echodify recognizes me and sees me as my display name “burgerlover.” I may also use “burgerlover” in several other social media platforms, and therefore I am consistently able to be found.

o    Singularly encrypted; not double-encrypted because it is used in programmatic search.

·         Account email address

o    Echodify uses your account email address to email you official notices, marketing information, special offers, and other Echodify correspondence. It can be different than what you may want to display on your profile for other Echodify Members to see (see “Your public email” below).

o    Singularly encrypted; not double-encrypted because it is used in programmatic search.

·         Phone number for Multi-Factor Authentication

o    Singularly encrypted and obscured using cypher.

·         Promotion code

o    Singularly encrypted; not double-encrypted because it is not sensitive data.

·         PIN number for enhanced security

o    Used to prove your identity to unlock your account if your failed log in attempts exceed the maximum number of attempts.

o    Singularly encrypted and obscured using cypher.

·         Father’s birth year

o    Used for enhanced security to prove your identity to unlock your account if your failed log in attempts exceed the maximum number of attempts.

o    This can be any four-digit number you choose so long as you remember it if we need to ask for it, otherwise you may fail enhanced identity verification.

o    Singularly encrypted and obscured using cypher.

·         Mother’s birth year

o    Used for enhanced security to prove your identity to unlock your account if your failed log in attempts exceed the maximum number of attempts.

o    This can be any four-digit number you choose so long as you remember it if we need to ask for it, otherwise you may fail enhanced identity verification.

o    Singularly encrypted and obscured using cypher.

·         Private family and friend profiles

o    Sometimes also called “Unconnected Family” and “Unconnected Friends.”

o    These are profiles of individual persons to whom you may want to send an Echo, Shout, or Virtual Legacy but you do not want them to have any hint about it, and therefore have elected to create private profiles of them. While all your private profiles are always kept private, if you do send an Echo, Shout, or Virtual Legacy to a private profile, at the point in time that Echo, Shout, or Virtual Legacy is delivered that person will be contacted to inform them they have received your Echo, Shout, or Virtual Legacy. Also, the name you supply on the private profile will appear on that Echo, Shout, or Virtual Legacy’s recipient list and the other Recipients will be able to see it.

§  First name

§  Required

§  Singularly encrypted; not double-encrypted because it is used in programmatic search.

§  Middle name

§  Optional

§  Singularly encrypted; not double-encrypted because it is used in programmatic search.

§  Last name

§  Required

§  Singularly encrypted; not double-encrypted because it is used in programmatic search.

§  Email address

§  Required

§  Singularly encrypted; not double-encrypted because it is used in programmatic search.

§  Relationship to you

§  Optional

§  Singularly encrypted

§  Address

§  Optional

§  Double-encrypted

§  City

§  Optional

§  Double-encrypted

§  State or province

§  Optional

§  Double-encrypted

§  Postal code

§  Optional

§  Double-encrypted

§  Country

§  Optional

§  Double-encrypted

§  Alternative email address

§  Optional

§  Singularly encrypted; not double-encrypted because it is used in programmatic search.

§  Phone number 1

§  Optional

§  Double-encrypted

§  Phone number 2

§  Optional

§  Double-encrypted

·         Private organization profiles

o    Sometimes also called “Unlinked Organizations.”

o    Same situation as for private family and friend profiles immediately above, except instead of individual persons, private organization profiles represent organizations to which you wish to send a Virtual Legacy.

o    Singularly encrypted; not double-encryption because organization and business address information is considered public.

·         Whether you are a verified Member

o    Currently this only pertains to organizations.

o    Singularly encrypted

·         IP address used at registration and at each login

o    Your IP address is captured when you register for an Account and is also captured anew each time you log into your existing account. It is used only for account security purposes and is never used for anything other than that. One typical use case of how we would use your IP address is to make sure you or whoever is attempting to log into your Account is not doing so from a large variety of different IP addresses than the one you typically use, which would raise a warning that a bad actor may be attempting to log into your account.

o    Singularly encrypted

·         Referring website at registration and at each login

o    If you navigate to Echodify from another website, and either register for an Account or log-in to your existing Account, the referring website is captured for both security and marketing purposes. The referring website is used for security purposes if someone else is caught attempting to log-in to your account. An investigation may reveal information about them from the referring website. It is also used for marketing purposes to let us know which website may be due credit for referring you to any of our Sites.

o    Singularly encrypted

·         Session key

o    Whenever you log-in to your existing Account, the framework our Site is programmed in establishes a unique session key to create and to maintain your log-in session. That key is then written to a cookie on your computer or electronic device and is how your web browser communicates to our server for it to maintain and open and logged-in Account session. This way you do not have to log-in every time you visit a different webpage. Your session key is also used for security purposes in that if you attempt to log-in to your Account while there is an open Account session, it will force the open Account session to be logged out so that you do not have a forgotten logged-in Account session open on some computer or electronic device left unattended.

o    Singularly encrypted

We do not keep your password as clear text in our database, but rather we use a special mathematical construct called hashing to authenticate the password you use.

The following data elements must be collected from all Echodify Members and are used to capture your account and privacy preferences.

·         Language preference

·         Cookie consent

o    Same cookie consent options that are available to the public upon visiting our homepage. Your cookie consent is captured at the time of Account registration from the consent you have given when you newly visited our homepage.

·         Who is able to find you

o    Options are: Connections Only, Public (Everybody) and is the default, Private (Nobody)

·         Who can view your profile

o    Options are: Connections Only, Public (Everybody) and is the default, Private (Nobody)

·         Who can view your name

o    Options are: Connections Only, Public (Everybody) and is the default, Private (Nobody)

·         Who can view your email

o    Options are: Connections Only, Public (Everybody) and is the default, Private (Nobody)

·         Who can view your connections

o    Options are: Connections Only, Public (Everybody) and is the default, Private (Nobody)

·         Who is able to send you internal mail messages

o    Options are: Connections Only, Public (Everybody) and is the default, Private (Nobody)

·         Whether or not you allow connection requests

o    True or False, defaulted to True

·         Whether or not you allow official emails

o    This option controls if you receive emails when you receive an Echo, a Shout, or a Virtual Legacy from another Member, or if we notify you of your own pending Echo, Shout, or Virtual Legacy due to be delivered. This option does not control if you receive emails we always need to send to you to operate your account or ensure it is secure.

o    True or False, defaulted to True

·         Whether or not you wish to be emailed when you receive internal mail messages

o    True or False, defaulted to False

The following are data elements that must be collected from all Echodify Members who wish to make a purchase, and to that end, they are used for billing purposes and to determine if any sales tax is appropriate to add to purchases:

·         Address

o    Double-encrypted

·         Apartment or unit number (if applicable)

o    Double-encrypted

·         City

o    Double-encrypted

·         State or province

o    Double-encrypted

·         Postal code

o    Double-encrypted

·         Country

o    Double-encrypted

·         Billing phone number (called primary phone number for organizations)

o    Can be the same as or different than your phone number for Multi-Factor Authentication.

o    Double-encrypted

·         Other phone number (for organizations)

o    Double-encrypted

·         Contact name (for organizations)

o    Double-encrypted

Address information is always kept private for individual Members of Echodify (as opposed to organizations). In contrast, Address information for Organization Members is always public due to the nature of being a public organization. It also provides individual Members of Echodify with extra assurance to know if they have located the intended organization.

Information We Collect and Manage That You Control Its Privacy

The following is a full disclosure of all data elements we Collect and Manage that you control who can view it and who cannot (unless specifically stated otherwise), sometimes by changing the privacy setting on your profile and sometimes changing more specific privacy settings (available on your Settings page). In one scenario, you may not want anyone to find you on Echodify, and thus you may choose total and complete privacy. Alternatively in another scenario, you may want only your connections and links to see the below list while rendering it private for the rest of Echodify’s Members. You have that choice for the following data elements and items:

·         First and last name

o    Required

o    Also used to initially populate your display name, which you can change at any time.

o    Singularly encrypted; not double-encrypted because it is used in programmatic search.

·         Middle name (for individuals)

o    Optional

o    Singularly encrypted; not double-encrypted because it is used in programmatic search.

·         Contact name (for organizations)

o    Optional

o    Double-encrypted

·         Public email address

o    Optional

o    You can use a different email address than your account email address if you have one to use for more social or common purposes.

o    Singularly encrypted; not double-encrypted because it is an optional piece of public information.

·         Ethereum address

o    Optional

o    Optionally you can specify an Ethereum address, but this is here for future enhancement.

o    Singularly encrypted; not double-encrypted because it is an optional piece of public information.

·         Hometown

o    Optional

o    Designed to help people find you by differentiating you from other Echodify Members who may have the same name.

o    Singularly encrypted; not double-encrypted because it is used in programmatic search and it is an optional piece of public information.

·         About

o    Optional

o    Message to describe more about you.

o    Double-encrypted

·         Short Biography

o    Optional

o    Message comprising a short biography about you. Remember, some Members have the desire to send Virtual Legacies far into the future, and this is an area in which to write something about you that future generations who may not know much about you can read.

o    Double-encrypted

·         Your family and friend connections

o    This means the actual connections to other Echodify Members, not their personal information.

o    Singularly encrypted; not double-encrypted because it is not regarded as sensitive information beyond industry standard protection.

·         Your organization links

o    This means the actual links to other Echodify Members who are organizations, not their personal information.

o    Singularly encrypted; not double-encrypted because it is not regarded as sensitive information beyond industry standard protection.

It is our judgement that most Echodify Members want to be found, and the settings on any new Account default to “Public (Everybody).” However, you can change that anytime on your Settings page.

Information We Collect and Manage That Is Always Public

The following is a full disclosure of all data elements we Collect and Manage that is designed to be public.

·         Display name

o    Required

o    Initially defaults to first and last name but you can change it at any time.

o    Display name is what everyone recognizes you as and can see. It is different from your username that you log-in with which is always private. Example: I may log in with my username “dougsmith48,” but everyone on Echodify recognizes me and sees me as my display name “burgerlover.” I may also use “burgerlover” in several other social media platforms, and therefore I am consistently able to be found.

·         Profile picture

o    If you upload a custom one.

·         Social media links

o    You can optionally share social media links on your profile page to your social media accounts such as Facebook and Instagram.

·         Organization full name and common name

o    Required

o    These are always public for organizations due to the nature of being a public organization.

o    Singularly encrypted; not double-encrypted because it is used in programmatic search.

Data we Collect and Manage That You Can Configure and Consent to Disclose

We Collect and Manage other Information that is very special, such as the content of your Echoes, Shouts, and Virtual Legacies as well as your Member Content. Refer above to learn how this data is encrypted and oftentimes double-encrypted to assure maximum protection.

Echodify, acting as a Service Provider for you, does not use, look at, or scan Member Content in any way except for three reasonable exceptions stated here:

1.       If you attach files to a Virtual Legacy you send to the Public Domain, you are deliberately making your Member Content public and it would be publicly accessible upon and after the send date of that Virtual Legacy.

2.       If you send a Virtual Legacy with objectionable material and it is reported by a Recipient, or it is reported by another Echodify Member if sent to the Public Domain, we will at that point have just cause to review it and to take action if it violates these Terms including our Acceptable Use Policy and our Code of Conduct.

3.       As is the case with all other service providers, Echodify is legally obligated to cooperate with any valid legal order from a law enforcement agency.

Since we do not use, look at, or scan Member Content in any way except for the above three reasonable exceptions, we also do not share, rent, disclose, release, disseminate, transfer, communicate, or sell your Member Content to anyone unless you act to specifically send Member Content to Recipients you choose, or to the Public Domain, by you configuring your Echoes, Shouts, or Virtual Legacies. Then and only then will we follow your instructions and deliver access to the specific Member Content you have consented to share with the specific Recipients you have chosen, upon the dates you have configured, considering any other various and sundry advanced options that are available with your Echoes, Shouts, or Virtual Legacies.

BY YOU ACTING TO CREATE, CONFIGURE, AND SEND AN ECHO, SHOUT, OR VIRTUAL LEGACY TO SPECIFIC RECIPIENTS YOU CHOOSE, OR TO THE PUBLIC DOMAIN, YOU EXPLICITLY GIVE CONSENT FOR ECHODIFY TO DISCLOSE YOUR MEMBER CONTENT THAT YOU HAVE ATTACHED TO THAT ECHO, SHOUT, OR VIRTUAL LEGACY TO THOSE SAME RECIPIENTS YOU CHOOSE, OR TO THE PUBLIC DOMAIN, UPON THE DATE YOU HAVE CONFIGURED. IN SO DOING, YOU REPRESENT, WARRANT, AND AGREE THAT YOU ARE ORDERING ECHODIFY AS SERVICE PROVIDER TO YOU TO OBEY YOUR INSTRUCTIONS AS REPRESENTED BY ANY OF YOUR CONFIGURED ECHOES, SHOUTS, AND VIRTUAL LEGACIES.

Other Data We Create to Operate Your Account

There is other data we maintain about you that may degrade or harm our internal security measures if fully disclosed. This data more concerns necessary information we need to know to operate your account rather than anything about you personally, and therefore we do not disclose it publicly. Three examples that we can publicly disclose so that you have an idea of what kind of data this involves, are:

·         Number of times you have unsuccessfully attempted to log in to your account.

o    Used to lock your account if you exceed the maximum number of attempts.

·         Whether or not your account is locked.

o    Yes or no value.

·         Number of bytes of Public Domain legacy data you have accessed in the past 30-day rolling period.

o    Used to throttle Public Domain legacy data access according to what we give for free with an Account or according to any extra monthly access you have purchased.

BY ACCESSING AND USING ECHODIFY’S SITES, PLATFORMS, AND SERVICES IN A CONTINUAL MANNER WITHOUT A MEMBER ACCOUNT, OR BY DOING THE SAME BY CREATING A MEMBER ACCOUNT, YOU EXPLICLTY ACCEPT, AGREE, AND GIVE CONSENT THAT WE MAY COLLECT AND MANAGE ALL THE INFORMATION FROM YOU DESCRIBED ABOVE, AND ANY ADDITIONAL INFORMATION FROM YOU NOT EXPLICITLY LISTED ABOVE BUT THAT IS NECESSARY FOR THE OPERAITON OF YOUR ACCOUNT.

IN ADDITION, BY ACCESSING ECHODIFY ANONYMOUSLY AT LEAST ONCE, YOU EXPLICLTY ACCEPT, AGREE, AND GIVE CONSENT THAT WE MAY COLLECT YOUR IP ADDRESS, REFERRING WEBSITE, AND ANY CODES EMBEDDED IN QUERY PARAMETERS ORIGINATING FROM US AND USE THAT INFORMATION (1) TO PROMOTE AND ADVANCE THE SECURITY OF OUR SITES, PLATFORMS, AND SERVICES, (2) TO KNOW OF ANY REFERRING WEBSITES THAT ARE DUE CREDIT FOR REFERRING YOU TO US, AND (3) TO KNOW HOW AND FROM WHAT YOU ARRIVED AT ANY OF OUR SITES.