Terms

EchoTrail Terms of Service

Effective Date: August 25, 2026

Version: 1.0

EchoTrail Terms of Service

Effective Date: August 25, 2026 Version: 1.0

These Terms of Service ("Terms") govern your access to and use of EchoTrail, including the EchoTrail mobile application, website, related software, features, content, and services collectively referred to as the "Service."

In these Terms, "EchoTrail," "we," "us," and "our" refer to the owner and operator of the EchoTrail Service. "You" and "your" refer to the person accessing or using the Service.

PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, SELECTING "I AGREE," "AGREE & CONTINUE," OR A SIMILAR BUTTON, OR OTHERWISE ACCESSING OR USING THE SERVICE AFTER BEING PRESENTED WITH THESE TERMS, YOU AGREE TO BE BOUND BY THEM.

If you do not agree to these Terms, you may not use the Service.

These Terms contain important provisions concerning your legal rights, including limitations of liability and, in Section 23, an agreement to resolve certain disputes through individual binding arbitration rather than in court. Section 23 also explains how you may opt out of arbitration.

1. Eligibility and Age Requirements

You must be at least 13 years old to create an EchoTrail account or use the Service.

EchoTrail is not directed to children under 13, and children under 13 are not permitted to create accounts or use the Service.

If you are under the age of majority where you live, you represent that your parent or legal guardian has reviewed and agreed to these Terms and has authorized your use of the Service.

If we learn that an account belongs to a child under 13, we may suspend or terminate the account and take appropriate steps regarding information associated with it, subject to applicable law and legitimate record-retention requirements.

By using EchoTrail, you represent that:

you meet the applicable age requirements;
you have the legal capacity to enter into these Terms;
you are not prohibited by applicable law from using the Service; and
all information you provide to EchoTrail is truthful and accurate to the best of your knowledge.

2. What EchoTrail Does

EchoTrail is a location-based social platform that allows users to create, discover, view, interact with, and unlock location-based content.

Depending on the features available to your account, the Service may allow you to:

create location-based posts known as Echoes;
discover Echoes created by other users;
unlock Echoes when you are sufficiently close to their location;
create or access Echoes with additional unlocking requirements, such as time-based or code-based restrictions;
create private location-based content, including Capsules;
upload photographs, text, profile information, comments, and other content;
react to content;
follow or "Tune In" to users;
interact with other users;
report content or users;
block or hide users;
receive notifications or alerts;
purchase or use Premium features; and
use additional features that EchoTrail may introduce in the future.

Features may change over time.

EchoTrail does not guarantee that every feature will always remain available or operate in the same manner.

3. Accounts and Account Security

Certain features require an EchoTrail account.

You are responsible for maintaining the security of your account and any authentication method connected to it.

You may not:

access another person's account without authorization;
create an account using false information intended to impersonate another person;
sell, transfer, rent, or license your account to another person;
use automated methods to create accounts;
attempt to bypass an account suspension or ban by creating another account; or
allow another person to use your account in a manner that violates these Terms.

You are responsible for activity conducted through your account unless the activity results from a security failure attributable to EchoTrail.

If you believe your account has been compromised, you should contact us promptly at support@echotrail.info.

4. Location Services and Real-World Safety

4.1 EchoTrail Is a Location-Based Service

EchoTrail uses location information to provide certain features, including displaying nearby content and determining whether you are sufficiently close to a location to unlock certain content.

Location data may be obtained from GPS, Wi-Fi, cellular networks, device sensors, operating-system location services, mapping providers, or other technologies.

Location information is not always accurate.

Buildings, terrain, device hardware, weather, network conditions, satellite availability, operating-system behavior, and other factors may affect location accuracy.

You must never assume that a location displayed by EchoTrail is exact, safe, publicly accessible, or legally accessible.

4.2 No Permission to Enter Property

The appearance of an Echo, Capsule, marker, location, route, photograph, description, or other content in EchoTrail does not grant, represent, or imply that you have permission to enter any property or location.

You are solely responsible for determining whether you may lawfully enter or remain at a location.

You must obey:

property boundaries;
posted signs;
fences and barriers;
park and facility rules;
operating hours;
permits;
access restrictions;
instructions from property owners or authorized personnel;
law-enforcement instructions; and
all applicable laws and regulations.

DO NOT TRESPASS TO CREATE, FIND, VIEW, OR UNLOCK AN ECHO OR CAPSULE.

If content appears to be located on private, restricted, inaccessible, or dangerous property, do not attempt to reach it.

5. Prohibited Dangerous Conduct

You may not use EchoTrail in a way that encourages or requires another person to engage in unsafe, illegal, or reckless conduct.

You must not create, place, or use an Echo, Capsule, or other location-based content:

on private property without appropriate permission;
beyond a fence, gate, barrier, or posted boundary;
in a restricted government, military, utility, industrial, or security-sensitive area;
on active railroad tracks or railway rights-of-way;
on highways, active roadways, bridges, tunnels, or other areas unsafe for pedestrians;
in active construction zones;
in mines, quarries, abandoned structures, unstable buildings, or similar hazardous areas;
near dangerous cliffs, waterways, machinery, electrical infrastructure, or other hazards in a way that encourages unsafe access;
in areas closed because of weather, wildfire, flooding, natural disaster, public safety concerns, or emergency conditions;
in a way intended to lure, deceive, threaten, frighten, ambush, stalk, or harm another person; or
in any location where creating or accessing the content would violate applicable law.

You may not intentionally manipulate an Echo's location to make another person believe they are permitted or expected to enter an unsafe or unauthorized area.

6. Driving, Walking, and Awareness of Your Surroundings

Do not use EchoTrail in a way that distracts you while driving, cycling, operating machinery, crossing streets, hiking dangerous terrain, or otherwise participating in an activity requiring your attention.

Never attempt to create, search for, view, interact with, or unlock EchoTrail content while operating a vehicle when doing so would be unsafe or unlawful.

You are responsible for remaining aware of:

vehicles;
pedestrians;
terrain;
weather;
wildlife;
environmental hazards;
property boundaries;
surrounding people; and
other real-world conditions.

If EchoTrail's map, compass, direction indicator, distance measurement, notification, or other information conflicts with your surroundings, rely on your surroundings and common sense, not the Service.

7. EchoTrail Is Not an Emergency, Navigation, or Safety Service

EchoTrail is intended for social and recreational use.

EchoTrail is not:

an emergency service;
a rescue service;
a law-enforcement service;
a personal-safety monitoring service;
a professional navigation service;
a substitute for emergency communications;
a guarantee that another user is safe or trustworthy; or
a guarantee that a particular location is accessible.

Do not rely on EchoTrail to contact police, firefighters, emergency medical personnel, search-and-rescue personnel, or other emergency responders.

In an emergency, contact the appropriate emergency services directly.

8. User Content

The Service allows users to submit, create, upload, publish, store, or otherwise provide content.

"User Content" may include, without limitation:

Echo titles;
Echo stories;
photographs;
profile photographs;
profile names and descriptions;
comments;
reactions;
location information associated with content;
Capsules;
reports;
messages or submissions to EchoTrail;
usernames;
other information or material submitted through the Service.

You retain ownership of intellectual-property rights you hold in your User Content.

Except for the license described below, these Terms do not transfer ownership of your User Content to EchoTrail.

9. License to User Content

By submitting User Content to the Service, you grant EchoTrail a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, modify as technically necessary, transmit, display, and distribute your User Content solely as reasonably necessary to operate, provide, secure, maintain, moderate, and improve the Service.

For example, this license allows EchoTrail to:

store uploaded photographs;
resize or compress images;
display an Echo to users who are permitted to view it;
transmit content between EchoTrail's servers and a user's device;
create backups;
process content for security or abuse prevention;
review reported content; and
provide features you request.

This license does not give EchoTrail ownership of your User Content.

EchoTrail will not use your photograph or personal User Content in advertising or promotional materials identifying you without permission, except for ordinary display of content within the Service or as otherwise permitted by applicable law.

When User Content is deleted, the license generally ends when the content is removed from our active systems, except where continued storage or processing is reasonably necessary because:

the content remains in backups for a limited period;
another user has independently retained information permitted by the Service;
we must preserve information for legal, security, fraud-prevention, or dispute purposes;
deletion is technically impracticable for a limited period; or
applicable law permits or requires continued retention.

10. Your Responsibility for User Content

You are responsible for the User Content you submit.

By submitting User Content, you represent and warrant that:

you created the content or otherwise have the rights necessary to submit it;
your submission does not violate another person's copyright, trademark, privacy, publicity, contractual, or other legal rights;
the content does not violate these Terms;
any people depicted in content have been photographed or recorded lawfully;
you have any permissions reasonably necessary to associate the content with the location where you place it; and
your content does not intentionally mislead another user into engaging in dangerous or unlawful activity.

You should carefully consider what you post publicly.

Information made visible to other users may be copied, photographed, screenshotted, shared, or remembered by others outside EchoTrail's control.

11. Public, Private, and Restricted Content

EchoTrail may provide visibility settings such as public, private, restricted, follower-only, listener-only, or other settings.

These settings control how the Service is intended to display content, but no electronic system can guarantee absolute confidentiality or security.

A designation such as "private" means that EchoTrail intends to restrict ordinary user access according to the applicable feature. It does not mean that the content is inaccessible under every circumstance.

Authorized EchoTrail personnel, service providers, security systems, or moderators may access content when reasonably necessary to:

operate the Service;
investigate bugs;
enforce these Terms;
investigate reports;
protect users;
prevent fraud or abuse;
comply with law; or
respond to a valid legal request.

Do not store highly sensitive information in an Echo or Capsule if unauthorized disclosure of that information could cause serious harm.

12. Prohibited Content and Conduct

You may not use EchoTrail to create, upload, publish, share, encourage, facilitate, or promote content or conduct involving:

Illegal Activity

criminal activity;
instructions primarily intended to facilitate serious criminal wrongdoing;
trafficking in illegal goods or services;
fraud, scams, or deceptive schemes;
trespassing;
theft;
vandalism; or
other unlawful activity.

Violence and Threats

credible threats of violence;
encouragement of violence against an identifiable person;
content designed to lure someone into danger;
glorification or encouragement of serious physical harm; or
instructions specifically intended to facilitate violence.

Harassment and Abuse

bullying;
targeted harassment;
stalking;
intimidation;
repeated unwanted contact;
malicious humiliation;
threats;
using location information to track or target another person without authorization; or
encouraging others to harass or target someone.

Hate and Discrimination

Content that attacks, threatens, or encourages violence against people based on protected characteristics in violation of applicable law or EchoTrail's safety policies.

Sexual Content

EchoTrail may prohibit sexually explicit or pornographic material, including sexual content that is inappropriate for a general social platform.

Under no circumstances may the Service be used for child sexual abuse or exploitation as described in Section 13.

Privacy Violations

You may not publish another person's:

home address;
precise private location;
telephone number;
financial information;
passwords;
government identification information;
private correspondence; or
other sensitive personal information

without authorization where publication would violate the person's rights or create a safety risk.

Impersonation

You may not impersonate another person, organization, business, public authority, or EchoTrail representative in a deceptive manner.

Intellectual Property Violations

You may not knowingly upload material that infringes copyrights, trademarks, or other intellectual-property rights.

Spam and Platform Abuse

You may not:

send spam;
manipulate engagement;
scrape the Service without authorization;
use bots or automated systems except where expressly authorized;
introduce malware;
probe or attack EchoTrail's systems;
bypass access controls;
reverse engineer restricted portions of the Service except where applicable law expressly permits it;
interfere with another person's use of the Service; or
attempt to evade moderation or enforcement actions.

13. Child Safety and Zero-Tolerance Policy

EchoTrail has zero tolerance for child sexual abuse and exploitation.

You may not use EchoTrail to create, upload, request, possess, share, distribute, facilitate, promote, encourage, or engage in:

child sexual abuse material ("CSAM");
sexual exploitation of a minor;
sexual grooming of a minor;
sexual solicitation of a minor;
sextortion involving a minor;
sexual trafficking of a minor;
requests for sexual images or videos involving minors;
sexualized depictions of minors prohibited by law;
attempts to arrange unlawful sexual contact involving a minor; or
any other conduct that sexually exploits, abuses, or endangers a child.

This prohibition applies regardless of whether content is public, private, temporary, locked, restricted, or contained in a Capsule or other feature.

EchoTrail may immediately remove such content and suspend or terminate accounts involved in such conduct.

Where required or permitted by law, EchoTrail may preserve relevant information and report suspected child sexual abuse material or child exploitation to the National Center for Missing & Exploited Children, law enforcement, or another appropriate authority.

Users should immediately report suspected child exploitation using EchoTrail's reporting tools or by contacting support@echotrail.info.

14. Safety of Minors Generally

You may not use EchoTrail to:

stalk or track a minor;
deliberately expose a minor's private location without authorization;
threaten, blackmail, exploit, or manipulate a minor;
encourage a minor to enter an unsafe or restricted location;
obtain sexual or exploitative material from a minor;
arrange an unlawful meeting with a minor;
facilitate abuse or exploitation of a minor; or
engage in predatory behavior involving minors.

Parents and guardians are responsible for evaluating whether EchoTrail is appropriate for minors under their supervision who are old enough to use the Service.

15. Reporting, Blocking, Moderation, and Enforcement

EchoTrail may provide tools that allow users to:

report Echoes;
report comments;
report users;
block users;
hide users;
restrict interactions; or
otherwise notify EchoTrail about potential violations.

You agree not to intentionally abuse reporting systems or knowingly submit fraudulent reports.

EchoTrail may investigate suspected violations and may take action including:

removing content;
reducing content visibility;
restricting features;
preventing interactions between accounts;
issuing warnings;
suspending accounts;
permanently banning accounts;
preventing creation of replacement accounts;
preserving relevant records;
reporting conduct to appropriate authorities; or
taking other action reasonably necessary to protect the Service or its users.

EchoTrail is not required to provide advance notice before taking action when we reasonably believe immediate action is necessary to protect users, the Service, or third parties.

We may consider context, severity, history, risk, and other relevant factors when enforcing these Terms.

Nothing in these Terms obligates EchoTrail to monitor every piece of content before it appears.

16. Interactions With Other Users

EchoTrail may allow you to discover content created by people you do not personally know.

You are responsible for exercising appropriate judgment when interacting with other users.

EchoTrail:

does not conduct comprehensive background checks on users;
does not guarantee a user's identity;
does not guarantee information in a profile is accurate;
does not guarantee that another user is trustworthy; and
is not responsible for supervising meetings or interactions between users.

Do not meet strangers in isolated or unsafe places.

Minors should not arrange meetings with unknown adults through EchoTrail.

If another user threatens, harasses, stalks, or endangers you, use available blocking/reporting tools and contact appropriate authorities if necessary.

17. Privacy

EchoTrail's collection, use, storage, and disclosure of personal information are described in the EchoTrail Privacy Policy, which is available through the EchoTrail website and Service.

Because EchoTrail is location-based, you should review the Privacy Policy carefully before using the Service.

By using the Service, you acknowledge that certain features require processing location information and other information necessary to provide the requested functionality.

18. Premium Features, Purchases, and Subscriptions

EchoTrail may offer paid subscriptions, Premium features, in-app purchases, or other paid services.

Prices, billing periods, applicable taxes, and included features will be displayed before purchase.

If you purchase an automatically renewing subscription:

your subscription will renew automatically unless canceled before the applicable renewal deadline;
the payment method associated with the applicable app store or payment provider may be charged for each renewal;
you are responsible for managing or canceling your subscription through the platform through which it was purchased; and
deleting the EchoTrail application or your EchoTrail account does not necessarily cancel an app-store subscription.

Purchases made through Google Play or another third-party platform may also be governed by that platform's payment and refund terms.

Unless required by law or applicable app-store policy, subscription fees are generally non-refundable and EchoTrail does not provide prorated refunds for unused portions of a billing period.

EchoTrail may change subscription pricing or Premium features in the future. Where required, changes will take effect only after appropriate notice and in accordance with applicable app-store requirements.

The availability of a particular Premium feature is not guaranteed indefinitely.

19. Third-Party Services

EchoTrail relies on third-party technology and services that may include:

mobile operating systems;
authentication providers;
mapping providers;
cloud hosting providers;
payment processors;
app stores;
notification providers;
analytics services; and
other infrastructure providers.

Your use of some third-party services may also be governed by their terms and privacy policies.

EchoTrail is not responsible for third-party services that are outside our control.

Maps, geographic information, place information, directions, and other third-party data may contain errors or become outdated.

20. EchoTrail Intellectual Property

The Service, excluding User Content, is owned by or licensed to EchoTrail and is protected by applicable intellectual-property laws.

This includes, as applicable:

the EchoTrail name;
logos;
branding;
application design;
software;
source code and object code;
graphics;
user-interface elements;
databases;
documentation;
original text;
features and functionality; and
other proprietary material.

Subject to these Terms, EchoTrail grants you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for its intended purposes.

You may not copy, sell, sublicense, commercially exploit, or create unauthorized derivative works from EchoTrail's proprietary material except with written permission or as expressly permitted by applicable law.

Nothing in these Terms transfers ownership of EchoTrail intellectual property to you.

21. Copyright Complaints

EchoTrail respects intellectual-property rights.

If you believe content available through EchoTrail infringes your copyright, you may send a notice to:

support@echotrail.info

A copyright notice should include sufficient information for us to identify:

the copyrighted work claimed to have been infringed;
the allegedly infringing material;
where the material appears in EchoTrail;
your contact information;
a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
a statement that the information in your notice is accurate and, under penalty of perjury where applicable, that you are authorized to act on behalf of the copyright owner; and
your physical or electronic signature.

EchoTrail may remove allegedly infringing content and may terminate accounts of repeat infringers where appropriate.

22. Service Availability, Changes, and Data Loss

We work to provide a reliable Service, but we do not guarantee that EchoTrail will always be:

available;
uninterrupted;
error-free;
secure;
accurate;
compatible with every device; or
free from data loss.

EchoTrail may add, modify, suspend, limit, or discontinue features at any time.

Maintenance, outages, third-party failures, software bugs, device issues, network problems, account enforcement, legal requirements, or other circumstances may affect the Service.

You are responsible for maintaining copies of User Content that is important to you.

EchoTrail should not be used as the sole permanent storage location for irreplaceable photographs, memories, records, or other important information.

We do not guarantee permanent storage of any Echo, Capsule, photograph, comment, profile, or other User Content.

23. Disclaimer of Warranties and Assumption of Risk

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

ECHOTRAIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF:

MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
NON-INFRINGEMENT;
ACCURACY;
AVAILABILITY;
SECURITY; AND
QUIET ENJOYMENT.

WITHOUT LIMITING THE FOREGOING, ECHOTRAIL DOES NOT WARRANT THAT:

GPS OR LOCATION INFORMATION WILL BE ACCURATE;
AN ECHO OR CAPSULE IS LOCATED ON PUBLICLY ACCESSIBLE PROPERTY;
A LOCATION IS SAFE;
CONTENT CREATED BY ANOTHER USER IS ACCURATE;
ANOTHER USER IS WHO THEY CLAIM TO BE;
USER CONTENT WILL ALWAYS REMAIN AVAILABLE;
THE SERVICE WILL OPERATE WITHOUT INTERRUPTION; OR
THE SERVICE WILL BE FREE FROM ERRORS OR SECURITY INCIDENTS.

YOU ACKNOWLEDGE THAT LOCATION-BASED ACTIVITIES INVOLVE REAL-WORLD RISKS.

YOU VOLUNTARILY ASSUME THE ORDINARY RISKS ASSOCIATED WITH TRAVELING TO, WALKING NEAR, OR OTHERWISE VISITING LOCATIONS IN CONNECTION WITH YOUR USE OF ECHOTRAIL.

YOU REMAIN RESPONSIBLE FOR YOUR OWN DECISIONS, CONDUCT, SAFETY, AND COMPLIANCE WITH THE LAW.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

24. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECHOTRAIL AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE.

THIS INCLUDES, WITHOUT LIMITATION, DAMAGES ARISING FROM:

LOSS OF DATA;
LOSS OF USER CONTENT;
LOST PROFITS OR REVENUE;
BUSINESS INTERRUPTION;
PERSONAL DECISIONS BASED ON USER CONTENT;
INACCURATE LOCATION INFORMATION;
TRESPASS OR PROPERTY DISPUTES;
INTERACTIONS WITH OTHER USERS;
THIRD-PARTY CONDUCT;
SERVICE INTERRUPTIONS;
UNAUTHORIZED ACCESS TO AN ACCOUNT; OR
INABILITY TO ACCESS THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECHOTRAIL'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

(A) $100; OR

(B) THE AMOUNT YOU PAID DIRECTLY TO ECHOTRAIL FOR THE SERVICE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply regardless of the legal theory asserted and even if EchoTrail has been advised that damages were possible.

Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, the limitations above apply only to the maximum extent permitted by law.

Nothing in these Terms limits liability that cannot lawfully be limited.

25. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless EchoTrail and its owners, officers, directors, employees, affiliates, contractors, licensors, and service providers from claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys' fees arising from or relating to:

your violation of these Terms;
your unlawful use of the Service;
your User Content;
your infringement of another person's rights;
your trespass or unauthorized entry onto property;
your creation of content at an unsafe or unauthorized location;
your intentional misconduct; or
your interactions with another user.

EchoTrail reserves the right to assume control of the defense of a claim subject to indemnification, and you agree to reasonably cooperate with that defense.

This section does not require you to indemnify EchoTrail for conduct for which indemnification may not lawfully be required.

26. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO GO TO COURT.

Except for disputes described below, you and EchoTrail agree that disputes arising out of or relating to these Terms or the Service will be resolved through individual binding arbitration rather than a lawsuit before a judge or jury.

26.1 Informal Resolution First

Before beginning arbitration, the party bringing a dispute must first provide written notice describing:

the person's name and account information sufficient to identify the account;
the nature of the dispute;
the relevant facts; and
the relief requested.

Notices to EchoTrail should be sent to:

support@echotrail.info

with the subject line:

Legal Dispute Notice

The parties will attempt in good faith to resolve the dispute informally for at least 30 days after receipt of the notice.

If the dispute is not resolved during that period, either party may begin arbitration.

26.2 Arbitration

Any arbitration will be conducted by the American Arbitration Association ("AAA") under its applicable Consumer Arbitration Rules, as modified by these Terms.

The arbitration will be conducted by a single neutral arbitrator.

Unless the parties agree otherwise, arbitration may occur through documents, telephone, videoconference, or another reasonably accessible method permitted under the applicable arbitration rules.

Payment of filing, administrative, and arbitrator fees will be governed by applicable AAA rules and applicable law.

The arbitrator may award the same individual remedies that would otherwise be available in court where permitted by law.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement to the extent applicable.

26.3 Exceptions to Arbitration

Either party may:

bring an eligible individual action in small-claims court;
seek emergency or temporary injunctive relief from a court where necessary to prevent immediate and irreparable harm while arbitration is pending; or
bring a court action concerning infringement or misuse of intellectual-property rights where such relief is legally available.

Government agencies retain any rights they have to pursue enforcement actions.

26.4 Arbitration Opt-Out

You may opt out of the arbitration agreement in this Section without affecting your ability to use EchoTrail.

To opt out, you must email:

support@echotrail.info

within 30 days after the date you first accept a version of these Terms containing the arbitration agreement.

Use the subject:

Arbitration Opt-Out

Your notice must include:

your name;
the email address associated with your EchoTrail account; and
a clear statement that you are opting out of the arbitration provision in the EchoTrail Terms of Service.

An opt-out applies to the arbitration agreement but does not opt you out of the remainder of these Terms.

27. Class-Action and Jury-Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND ECHOTRAIL AGREE THAT CLAIMS SUBJECT TO ARBITRATION MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Unless both parties agree otherwise, an arbitrator may not consolidate the claims of multiple people.

For disputes subject to arbitration, you and EchoTrail knowingly waive any right to a trial before a judge or jury.

If the class-action waiver is found unenforceable as to a particular claim or request for relief and that determination cannot lawfully be separated from the claim, that portion of the dispute will proceed in a court of competent jurisdiction rather than arbitration.

28. Governing Law

Except where federal law controls or applicable consumer law requires otherwise, these Terms and disputes arising from them will be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-laws principles.

For any dispute that is not subject to arbitration, you and EchoTrail consent to the jurisdiction of the appropriate state or federal courts located in Pennsylvania, except where applicable law gives you a non-waivable right to bring a dispute elsewhere.

Nothing in these Terms deprives consumers of mandatory protections provided by the laws of the jurisdiction in which they reside.

29. Suspension and Termination

You may stop using EchoTrail at any time.

Where available, you may request deletion of your account using the account-deletion features provided through the Service.

EchoTrail may suspend, restrict, or terminate your account if we reasonably believe that:

you violated these Terms;
your conduct creates a safety risk;
your account is involved in fraud or abuse;
your account poses a security risk;
you repeatedly infringe intellectual-property rights;
continued service to you may violate applicable law;
you attempt to evade a previous suspension or ban; or
termination is reasonably necessary to protect EchoTrail, its users, or third parties.

Serious violations may result in immediate termination without prior warning.

Sections that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, User Content already lawfully processed, disclaimers, liability, indemnification, dispute resolution, and governing law.

30. Changes to These Terms

EchoTrail may update these Terms as the Service, our business, applicable law, or safety requirements change.

Each version of these Terms will have a version number and effective date.

For material changes, EchoTrail may require you to review and affirmatively accept the updated Terms before continuing to use some or all of the Service.

For example, the Service may compare:

Terms version you previously accepted

with:

Terms version currently required

If the required version has changed, you may be presented with the updated Terms and asked to select "I Agree," "Agree & Continue," or a similar confirmation.

Your acceptance may be recorded along with information such as:

the Terms version accepted;
the date and time of acceptance;
the platform or application version; and
other technical information reasonably necessary to maintain a record of consent.

If you do not agree to a material update requiring acceptance, you may no longer be permitted to continue using the Service.

EchoTrail may make non-material changes, such as correcting typographical errors or clarifying language, without requiring renewed acceptance where permitted by law.

The version displayed as the currently effective Terms controls from its effective date, subject to any additional notice or consent required by applicable law.

31. Electronic Communications

You agree that EchoTrail may provide notices and communications electronically, including through:

the EchoTrail application;
the EchoTrail website;
the email address associated with your account; or
other electronic means reasonably associated with the Service.

Electronic communications satisfy any legal requirement that communications be provided in writing to the extent permitted by law.

You are responsible for maintaining a valid email address associated with your account where required.

32. Feedback

If you voluntarily provide EchoTrail with ideas, suggestions, recommendations, bug reports, feature requests, or other feedback, you grant EchoTrail permission to use that feedback without restriction or compensation to you.

This does not transfer ownership of User Content unrelated to the feedback.

33. No Waiver

If EchoTrail does not immediately enforce a provision of these Terms, that does not waive our right to enforce it later.

A waiver is effective only if made in writing by an authorized representative of EchoTrail.

34. Severability

If any provision of these Terms is found invalid or unenforceable, the provision will be enforced to the maximum extent permitted by law or, where appropriate, severed from these Terms.

The remaining provisions will continue in effect.

35. Assignment

You may not assign or transfer your rights or obligations under these Terms without EchoTrail's written consent.

EchoTrail may assign these Terms in connection with:

a merger;
acquisition;
corporate reorganization;
sale of assets;
financing;
change in ownership; or
transfer of the EchoTrail business,

subject to applicable law.

36. Entire Agreement

These Terms constitute the agreement between you and EchoTrail concerning your use of the Service, together with any additional terms expressly incorporated into them.

The EchoTrail Privacy Policy governs EchoTrail's handling of personal information.

If a specific feature includes additional terms presented to you before using that feature, those additional terms also apply to that feature.

If additional terms conflict with these Terms, the more specific terms govern with respect to the applicable feature unless otherwise stated.

37. Headings

Section headings are provided for convenience and do not affect the interpretation of these Terms.

38. Contact EchoTrail

Questions about these Terms may be sent to:

EchoTrail Email: support@echotrail.info

Safety concerns, abuse reports, child-safety concerns, and other reports may also be submitted through the reporting mechanisms available within the EchoTrail Service.

For urgent emergencies or immediate threats to life or safety, contact the appropriate local emergency services rather than relying on EchoTrail.

Acknowledgment

BY SELECTING "I AGREE," "AGREE & CONTINUE," OR A SIMILAR BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

EchoTrail Terms of Service — Version 1.0 Effective August 25, 2026