TERMS OF USE

Effective date: February 22, 2024

1. INTRODUCTION

IT IS VERY IMPORTANT THAT YOU READ THIS TERMS BEFORE YOU USE THE APPLICATION. PLEASE READ THESE TERMS CAREFULLY, AS IT CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS, OBLIGATIONS AND REMEDIES

These Terms of Use, referred to as the "Agreement," establish a legal relationship governing interactions between You (“You”, “User” or “Member”) and Mnboost Corp., located at 16192 Coastal Highway, Lewes, DE 19958, along with its subsidiaries and affiliates ("Echoline," "We," or "Us"), in connection with the use of our Service (as defined below), namely our mobile application Echoline (“Application” or “App”). The term "Service" encompasses services, products, and features provided by Echoline through our Application and/or other downloadable products.

Echoline retains the right to make services, products, and features available through the Application and/or other downloadable products, and may modify or revise any part of the Service at its discretion. This Agreement applies to all additional services or products and all modified or revised Service unless otherwise specified. Echoline also reserves the right to discontinue any part of the Service, with no liability to users or third parties for such modifications, revisions, suspensions, or discontinuance.

Certain parts of the Service may have additional terms and conditions (if any), either listed in this Agreement or presented to users when signing up or using such Service (referred to as "Additional Terms"). All Additional Terms are considered part of this Agreement, unless otherwise indicated.

PLEASE PAY ATTENTION TO THE SECTIONS: 9 «LIMITATION OF LIABILITY» AND 14 «CLASS ACTION WAIVER» AS IT MIGH AFFECT YOUR DECISION ABOUT USING THE SERVICES

2. CHANGES TO THE AGREEMENT

THIS AGREEMENT AND ANY POLICY OR GUIDELINE OF THE SERVICE INCORPORATED BY REFRENCE HEREIN MAY BE MODIFIED BY US AT OUR SOLE DISCRETION AT ANY TIME. We will notify about any notification by posting the revised Agreement on the Application. The date of the last update to this Agreement is indicated at the top of the page. For non-subscribing users or Members at the time of any modification, changes will be effective immediately upon posting to the Sites. In case if the changes done are unacceptable to User, the User has a right to terminate this Agreement by cessation of usage of the Application. The User shall have a fourteen (14) days period to give their notice to the Echoline that they wish to terminate the Agreement and cease using the Services. In case if the User to use the Service after such posting constitutes acceptance of the revised Agreement. 

3. ELEGIBILITY

No part of the Service is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF OR THE AGE OF MAJORITY IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By using the Service, you represent and warrant that You are at least 18 years of age (or age of the majority in places where 18 years is not the age of majority). If You are under 18 years of age, then You are not permitted to use the Service. We do not knowingly process the personal data of people under 18 years old.

4. LIMITED LICENSE AND IP RIGHT

The Application provided is licensed but not sold, to You. Your license is subject to your prior acceptance of this Agreement. The Echoline grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable license to access and use the Application and Services, on any mobile device under your ownership or control, subject to the terms outlined in this Agreement. This license explicitly prohibits usage on devices not owned or controlled by You, as well as any distribution or sharing of the application over a network for simultaneous use on multiple devices. Ownership of all rights, including intellectual property, pertaining to the Services, Application, and associated elements such as software, content, designs, and trademarks (collectively referred to as "Our IP"), rests with Echoline or its licensors. You are expressly forbidden from engaging in actions such as renting, selling, copying, or modifying the Application or any Our IP. We retain all rights not explicitly granted to You. Any upgrades provided by Us will be governed by the terms of this Agreement, unless accompanied by a separate license agreement. Should you provide Us with any feedback, whether in the form of comments, suggestions, or requests, we reserve the right to utilize such feedback for the enhancement of the Application and Services. Additionally, We retain ownership of such feedback and may use, license, or distribute it for commercial purposes. You hereby assign all rights to such feedback exclusively and without compensation to the Company.

5. GENERAL TERMS FOR SERVICES

While creating an Application our main idea was to provide You with a tool that could help You with your daily operations with the mobile phone. Through the Application You can get access to the additional phone number for the situation where you just prefer not use Your usual phone number (e.g. when You want to separate Your private phone number and business number, or when You want to call from areas with poor telecom coverage). The functionality of such alternative phone number would allow You to send/receive telephone calls and also receive the messages from other devices.

We may offer one or more services through our Application (“Services”), such Services may change from time to time. Some Services (or some parts of the Services) may be available only as a paid feature, please see the corresponding section of this Agreement below to learn more. 

To utilize specific features within the Services, you'll be required to establish an account. It's important that you safeguard your login details, such as your username, passwords, or any other security measures for identification purposes. This information must be kept confidential and not shared with anyone else. Please notify us immediately if You become aware that Your login details are compromised. Failure to adhere to these guidelines may lead to immediate termination of your account. We shall bear no responsibility or liability for any loss or damage incurred due to your failure to comply with these provisions. 

You understand that the Licensed Application and Services are meant to function as a secondary and temporary phone number, not as a replacement for your primary number or cell phone. Therefore, they offer limited features as indicated. Specifically, the Application, and Services cannot be utilized for 911 or emergency calls. For emergencies, you must use your cell phone or landline service. By agreeing to this, you release the Company, its directors, officers, employees, subsidiaries, and assigns from any liability for claims, damages, or losses (including attorneys’ fees) incurred by you or any third party due to attempting to dial 911 or make an emergency call using the Application, and/or Services.

To utilize the Application, you must possess a compatible mobile device such as a smartphone or tablet, along with internet connectivity. The Application is designed for download and installation on handheld mobile devices that run the Apple iOS Operating System 15.0 or later. We cannot guarantee that the Application will be compatible with all hardware and software configurations You may have. We do not provide any assurance regarding the uninterrupted, timely, or error-free access to the Application. Periodically, the Application may be updated to introduce new features and services. We reserve the right to modify or enhance the App and its contents without prior notice. In certain circumstances, we may suspend access to the App indefinitely. You confirm that any information you provide to us is accurate, truthful, and complete, and agree to keep it updated at all times. You have the option to discontinue using our Services at any time by adjusting your preferences in your Apple ID Account Settings. Should you choose to stop using the App, you should uninstall it from your device.
‍
For some features of our Services to work (including functionality ofmessages receival) we need to have your consent for receiving of messages.

By using the Services, you agree to receive the conversational,informational and techincial messages from us, our 3rd party TwilioInc., from other users and non-users of the Services in the form of ShortMessage Service (SMS); Multimedia Messaging Service (MMS) and RichCommunications Services (RCS) or in other applicable forms. Message and datarates may apply. Message frequency varies.

IN ADDTION BUT NOT IN DEROGATION OF THE ABOVE GIVEN CONSENT - BY USINGTHE SERVICES, YOU AGREE TO RECEIVE THE PROMOTIONAL (MARKETING) MESSAGES FROM USAND TWILIO INC (https://www.twilio.com/en-us/legal/privacy).TO THE PHONE NUMBER THAT YOU WILL RECEIVE THROUGH THE APPLICATION DURING THESERVICES PROVISION. MESSAGE AND DATA RATES MAY APPLY.MESSAGE FREQUENCY VARIES.

You can opt-out from the promotional(marketing) messages receival by sending us any of the further provided words:“STOP”, “UNSUBSCRIBE”, “END”, “QUIT”, “HALT” to the email: support@echoline.com. Please be advisedthat we might need to request some additional information from You to matchYour request with Your in-App account.

‍

6. PAID SERVICES AND SUBSCRIPTIONS

When you download the Application to your mobile device You start using the free functionality of the Application, or other trial versions free of charge. This basic version of the Service may offer limited functionality or features. If you are using the Service free of charge, you are not entitled to claim any refunds for limited functionality of the Service. 

Some types or features of the Services available from the Application are distributed for the fee (on the paid basis) (“Paid features”). The Price for the Paid feature is defined in the Application on the payment screen and can be modified by Us at any time. However, We will not apply the new fee retrospectively, meaning that new price will only apply to the features payments. Please note that the modified pricing can still be applied to the further charges in case of the paid subscription. During the signup process, you may have the opportunity to experiment with Premium options during a specified free trial period. Following the conclusion of this trial period, a recurring subscription period will commence, subject to automatic renewal unless canceled 24 hours prior to its conclusion. Premium options remain accessible throughout the entirety of the free trial period.

Subscriptions featuring a free trial period will automatically transition into paid subscriptions. Any unused portion of a free trial, if offered, will be forfeited upon the commencement of a subscription. We retain the right to adjust, terminate, or otherwise modify our subscription plans at any juncture.

Most of the Paid features are distributed under the subscription options. While using the Application, you can select from various subscription options, with prices denoted in U.S. dollars and subject to potential fluctuations in countries outside the U.S. Subscription details, including plan specifics and free trial duration, are provided on the signup screen prior to purchase.

Your subscription will automatically renew within 24 hours preceding its conclusion, with the option to disable auto-renewal accessible via your Apple ID Account Settings at least 24 hours prior to the current period's end. Payment will be charged to your Apple ID Account upon confirmation of purchase. No cancellation of an active subscription is permissible during its term. You maintain control over subscription management, and it's important to note that removing the App from your device does not deactivate your subscription.

Charges incurred from downloading and/or accessing the Application via your mobile phone or tablet device may be applied by your communications service provider, necessitating a review of your operator's terms of agreement. These charges encompass potential data roaming fees if usage occurs outside your designated territory, as well as standard text messaging rates or other carrier charges for SMS messages or cellular voice calls. 

You are required to promptly remit to Us the applicable fees as per the current price list accessible within the Service, immediately upon submission of the order. We reserve the right to modify the price list, introduce new fees, or adjust fees for the subsequent renewal term, with prior written notice provided to you before the commencement of said term. The obligation to fulfill the fees remains independent of your actual utilization of the Paid Features. Failure to utilize the Paid Features does not negate Our entitlement to full payment of the fees. Unless explicitly stated otherwise herein, the fees are non-cancelable and non-refundable. You shall solely be responsibility for any and all charges, taxes, processing and payment fees incurred by You during the use of Services, unless otherwise is agreed with Us in writing.

7. PROHIBITED ACTIVITES

If you opt to access our Services, you do so voluntarily and at your own risk. Your use of the Service must be lawful and in accordance with these Agreement. You are responsible for obtaining any necessary consents for using the Services and providing any materials or information, and for adhering to all applicable laws, regulations, and obligations, including privacy laws. You are prohibited from accessing or utilizing the Service except as expressly authorized by the Agreement. Specifically, but not exclusively, you shall not:

  • Use the Services to convert surveillance, spying or secret collection of data; 
  • Create more than three (3) accounts on a single device;
  • Reproduce, publish, display, distribute, transmit, sell, rent, lease, loan, or otherwise make available, in whole or in part, any portion of the Service
  • Modify, create derivative works of, remove, or alter trademarks, documentation, disclaimers, or notices from the Service
  • Engage in internet activities that infringe upon the privacy rights of others, including inappropriate handling of personally identifiable information, as outlined in the Our Privacy Policy or these Agreement.
  • Conduct any activities that hinder or restrict others' use or enjoyment of the Services, or that may harm the Company or its users.
  • Engage in any behavior that infringes upon the rights of others.
  • Discriminate against or harass individuals based on various protected characteristics, or engage in disruptive behavior.
  • Employ the Services for: (i) pornographic, indecent, obscene, defamatory, or other unlawful activities; (ii) engaging in internet activities that violate the privacy rights of others, including improper handling of personally identifiable information belonging to another registered user, as outlined in the Terms; (iii) engaging in conduct that restricts or inhibits the use or enjoyment of the Services by others, or which, as determined by Us at Our discretion, may harm Us, Service users, or expose them to liability; (iv) sending harassing or threatening messages, or engaging in abusive behavior towards others; or (v) discriminating against or harassing individuals based on various protected characteristics or engaging in disruptive behavior
  • Attempt to reverse engineer, disassemble, decompile, decode, or otherwise gain access to the source code of the Service or any part thereof
  • Transmit unsolicited advertisements or spam, unlawful content, or any materials containing harmful code intended to disrupt or harm computer systems or networks. SPECIFICALLY, IT IS STRICTLY FORBIDDEN TO USE THE SERVICES TO PERFORM MARKETING CALLS FOR PEOPLE WHO ARE IN DO NOT CALL REGISTRY AVAILABLE AT: HTTPS://WWW.DONOTCALL.GOV/ 
  • Circumvent or breach any security measures or rights management systems employed by the Service, or access or use the Service except through your valid access credentials.
  • Damage, disable, interfere with, or harm the functionality of the Service or Our ability to provide it.
  • Utilize the Service for competitive analysis, or in association with safety-critical systems where Service failure could result in personal injury or property damage.
  • Use the Service in a manner that infringes upon any intellectual property rights or other rights of third parties, or violates any applicable laws.

You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

You agree to take full responsibility for any activities conducted under your account and to promptly notify the Company of any security breaches or unauthorized use. You are accountable for all actions taken through your account.

While using the Licensed Application and/or the Services, you may encounter content that some may find offensive, indecent, or objectionable. However, you acknowledge and accept that you use our Services at your own risk, and the Company bears no liability for such content. The Company is not responsible for any misuse of the Services, including violations of these Terms, nor for any offensive, threatening, defamatory, or illegal messages you may receive while using our Services.

You acknowledge that the Company is not obligated to monitor Service usage but reserves the right to do so to enhance security, prevent fraud, investigate issues, provide customer support, ensure compliance with these Terms, or for any other legitimate purpose. The Company retains the right to refuse service, terminate accounts, remove or edit content, revoke licenses, and terminate your right to use the Services at its discretion, for any reason, including non-compliance with these Terms or engaging in illegal behavior.

8. WARRANTY DISCLAIMER; REMEDIES

We warrant that the performance and functionality of the Services, in all material respects, meet the specifications set forth in this Agreement. We do not warrant that the Service will be error-free. You hereby acknowledge and agrees that the Service is to be provided “AS IS” and “WITH ALL FAULTS,” and You is solely responsible for any consequences of use of the Service. Your sole and exclusive remedy for Our breach of this limited warranty shall be that We shall use commercially reasonable efforts to modify the Service to meet the performance and functionality specifications, in all material respects, described in the most current version of the Agreement, and if We are unable to restore such performance and functionality, You shall be entitled to terminate this Agreement. We shall have no obligation with respect to a warranty claim (i) unless notified of such claim within fourteen (14) days of the first instance of any material performance and/or functionality issue, or (ii) if You fail to implement Our recommendations towards the Service, (iii) if the warranty claim is the result of a third-party application or a customization of the Service prepared by You or a third party. Any notice required to be sent pursuant to this section must be sent in writing and beforehand.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HAVE NO OBLIGATION TO INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS, INCLUDING WITHOUT LIMITATION AGAINST CLAIMS RELATED TO PRODUCT LIABILITY OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Without limiting the foregoing, We expressly disclaims any warranty that the Service will meet Your requirements and/or expectations. You shall assume responsibility for selecting the Service to achieve its intended results and for the results obtained from the use of the Service. You shall bear the entire risk as to its use of the Service. This disclaimer applies to any expenses, damages, or injury, regardless of the cause, whether for breach of contract, strict liability, tortuous behavior, negligence, or for any other cause of action.

911 CALLING NOT AVAILABLE: THE SERVICE CANNOT BE USED FOR 911 OR EMERGENCY CALLING. YOU MUST MAKE ALTERNATIVE ARRANGEMENTS TO PLACE 911 CALLS USING YOUR LANDLINE, MOBILE OR CELL PHONE AND CANNOT RELY ON THE SERVICE FOR 911 CALLING CAPABILITY.

ECHOLINE DOES NOT OFFER 911 OR EMERGENCY CALLING FOR THE SERVICE. DO NOT USE THE SERVICE TO CALL 911 OR OTHER EMERGENCY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS NOT A SUBSTITUTE FOR A TRADITIONAL TELEPHONE AND THAT YOU WILL AT ALL TIMES HAVE AVAILABLE A MOBILE OR TRADITIONAL LANDLINE PHONE THAT CAN BE USED TO MAKE OUTBOUND CALLS, INCLUDING CALLING 911 OR ANY OTHER APPLICABLE EMERGENCY SERVICES.

9. LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY AS IT MIGH AFFECT YOU DECISION ABOUT USE OF THE SERVICES

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Echoline  BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF Echoline HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Echoline’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

10. INDEMNITY

User shall indemnify, defend and hold Echoline and its respective affiliates, subsidiaries and officers, members, shareholders, directors, employees, partners and designated agents, and licensors thereof harmless from any and all liabilities, losses, claims, demands, actions, proceedings, damages, costs and expenses including without limitation, reasonable legal fees and expenses in connection with any suit or claim, including those arising out of: (i) User`s activities carried out to benefit from Services, (ii) any breach by the User of terms of this Agreement, including, without limitation, any representation, warranty, duty or obligation contained herein, (iii) any fraudulent conduct committed or negligence by the User.

11. CONSENT FOR USE OF DATA

You agree that Echoline may collect and use technical data and related information—including but not limited to technical information about Your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Agreement. Echoline may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You. 

12. TERM AND TERMINATION

Unless otherwise provided, this Agreement is effective upon Your first use of the Service and/or Application and shall remain in effect until it is terminated in accordance with the terms of this Agreement. Notwithstanding anything to the contrary in this Agreement, Echoline may suspend, deactivate or terminate your account and your right to use the Service and may block or prevent your access to and use of the Service at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including without limitation blocking Users or Members from certain IP addresses). You may deactivate or terminate your account at any time, for any or no reason, by accessing the settings page of your account or by contacting us as described above. If You purchased a subscription You will need to cancel your subscription first. Any clause that by their nature (such as payment obligations, liability limitations, etc.) must survive the termination of the Agreement – shall survive and remain enforceable after the termination of the Agreement.

13. COMMERCIAL COMPUTER SOFTWARE

The Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

14. CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY AS IT MIGH AFFECT YOU DECISION ABOUT USE OF THE SERVICES

YOU UNCONDITIONALLY AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE ACTION AGAINST Echoline, EITHER IN A COURT OF LAW OR THROUGH ARBITRATION. FURTHERMORE, YOU AFFIRM THAT DISPUTES AGAINST Echoline CAN ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY ALLEGED CLASS OR REPRESENTATIVE PROCEEDING. Additionally, you acknowledge that arbitration claims cannot be consolidated or joined in the arbitration proceeding. The arbitrator is not authorized to preside over any form of representative or class proceeding or to grant relief that extends to any individual or entity other than yourself or Echoline individually. If any part of this Class Action Waiver is deemed invalid or unenforceable, the entire section (except for this sentence) becomes null and void regarding such proceeding, while retaining the right to appeal the limitation or nullification of the Class Action Waiver.

THE PARTIES CLEARLY UNDERSTAND AND ACCEPT THAT THEY HAVE REVIEWED AND GRASPED THE CONTENTS OF THIS SECTION THEY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHT TO A JURY TRIAL.

If only the "Class Action Waiver" paragraph above or the entire XIII is deemed unenforceable, then the entirety XIII becomes null and void. In such an instance, the parties agree that the applicable law, exclusive jurisdiction, and venue outlined herein: The laws of the State of Delaware, excluding its conflicts of law rules, govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.

15. MANDATORY ARBITRATION

A party intending to seek arbitration must first send to the other, by an international courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”) using an international courier equipped with a tracking mechanism. In the event that no mailing address has been provided to Echoline by you, alternative methods, including email, may be utilized. The Notice directed to Echoline must be sent to 16192 Coastal Highway, Lewes, DE 19958, Attn: Chief Executive Officer (the "Arbitration Notice Address"). The Notice must (i) outline the nature and grounds of the claim or dispute; and (ii) specify the relief sought (the "Demand"). If an agreement to resolve the claim is not reached within 30 days after receiving the Notice, either you or Echoline may initiate an arbitration proceeding, as outlined below, or file a claim in small claims court.

The American Arbitration Association ("AAA") will oversee the arbitration in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the "Rules"), as modified by the terms of this Agreement. The Rules and AAA forms are accessible online at http://www.adr.org. If your Demand equals or exceeds $1,000 or is filed in bad faith, you will be solely responsible for the filing fee.

Arbitration Proceedings will be conducted in English. An independent and impartial arbitrator, based in Dover, Delaware, will be appointed in accordance with the Rules, as modified herein. Both parties agree to adhere to the following rules, designed to streamline the dispute resolution process and alleviate costs and burdens: (i) the arbitration may be conducted online and/or based solely on written submissions, with the specific method chosen by the party initiating the arbitration; (ii) the arbitration will not necessitate any personal appearance by the parties or witnesses unless mutually agreed upon in writing by both parties; and (iii) any judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

16. GOVERNING LAW

Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum. However, if (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

17. MISCELLANEOUS

You acknowledge that this Agreement, inclusive of the Privacy Policy and any Additional Terms, constitutes the entire understanding between you and Echoline regarding the usage of the Service, overriding all previous agreements and understandings (including, but not limited to, any prior versions of this Agreement), unless parties have executed a separate written agreement governing the Service that explicitly takes precedence over this Agreement.

If any provision or portion thereof is deemed illegal, void, invalid, or unenforceable, the said provision will be modified and construed to achieve its objectives to the maximum extent permissible under applicable law, and the remaining provisions will remain in full force and effect, unless otherwise specified herein.

This Agreement, along with the granted rights and licenses, cannot be transferred or assigned by you but may be assigned by Echoline without restrictions. Any attempted transfer or assignment in violation hereof will be deemed null and void.

The failure to enforce any provision will not waive our right to enforce it at any subsequent time, and a waiver of any breach or default of this Agreement or any provision will not be considered a waiver of any subsequent breach or default or of the provision itself.

The use of section headers in this Agreement is solely for convenience and will not impact the interpretation of specific provisions.

You expressly agree that no joint venture, partnership, employment, or agency relationship arises between you and Echoline due to this Agreement or the use of the Service.