Terms of Service

1. Acceptance of These Terms

These Terms of Service ("Terms") govern access to and use of Echelon Delta, including its website, application, dashboards, AI-powered agents, marketing tools, integrations, automation features, and related services (collectively, the "Services").

"Echelon Delta," "Delta," "we," "us," and "our" refer to the legal business entity identified in the Contact Information section below. "You" and "your" refer to the individual accessing the Services or the business or organization on whose behalf that individual acts.

By creating an account, connecting a third-party service, accessing, or using the Services, you agree to these Terms. If you use the Services for a company, agency, client, or other organization, you represent that you have authority to bind that organization to these Terms. If you do not agree, do not access or use the Services.

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services.

2. Description of the Services

Echelon Delta is an AI-assisted marketing management and automation platform intended to help businesses and organizations plan, create, manage, schedule, analyze, and optimize marketing activities.

Depending on the features enabled for your account, the Services may include:

• AI-assisted marketing content, copy, and creative generation.
• Marketing strategy, campaign planning, and recommendations.
• Social media account connections and content management.
• Drafting, scheduling, and publishing social media content.
• Advertising campaign creation and management.
• Campaign budget recommendations and authorized budget adjustments.
• Marketing analytics, reporting, and performance monitoring.
• Workflow automation, task management, and approval tools.
• Integrations with third-party marketing, social media, advertising, and analytics platforms.

Features and integrations may change over time and may not be available to every user, account, subscription, or geographic location. Third-party integrations are available only where enabled, supported, and authorized by the relevant platform and account permissions.

We may add, modify, suspend, or discontinue features, subject to applicable law and any separate written agreement.

3. Accounts and Account Security

You agree to provide accurate, current, and complete information when creating and maintaining an account.

You are responsible for:

• Maintaining the confidentiality of your login credentials.
• Restricting access to your account and devices.
• All activity conducted through your account, subject to applicable law.
• Keeping account, billing, business, and contact information accurate.
• Promptly notifying us of suspected unauthorized access or security incidents.
• Assigning appropriate roles and permissions to employees, contractors, agencies, and other users.

You must not share credentials in an insecure manner, impersonate another person, misrepresent your identity or authority, or access another user's account without permission.

We may take reasonable steps to protect accounts, including requiring verification, restricting suspicious activity, or temporarily suspending access where reasonably necessary for security or legal compliance.

4. Organizations, Agencies, and Client Accounts

Echelon Delta may allow organizations, agencies, and service providers to manage multiple business or client workspaces.

If you use Delta on behalf of a client or another organization, you represent and warrant that:

• You have authority to access that organization's systems and information.
• You have obtained all required permissions to connect its social media, advertising, and other accounts.
• You are authorized to submit its content, brand assets, customer information, and marketing materials for processing.
• Your use of Delta complies with your agreements with that client and applicable law.
• You will promptly remove access when your authority ends.

The organization or account owner is responsible for managing its users, access privileges, connected accounts, and client relationships. You must not use one client's information, assets, or connected accounts for another client's purposes without authorization.

5. Third-Party Platform Connections

Delta may connect to third-party services, which may include Meta, Facebook, Instagram, YouTube, Google services, Pinterest, TikTok, X, and other platforms, where integrations are enabled and authorized. Not every listed platform is connected or available for every account.

When you connect a third-party account:

• You authorize Delta to access and use the information and functions permitted by the permissions you grant.
• You represent that you are authorized to connect and manage that account.
• You remain responsible for the connected account and compliance with its applicable terms, policies, and rules.
• You may need to renew, reauthorize, or disconnect integrations when required by the third-party provider.
• The availability and functionality of integrations may change due to third-party API updates, permission changes, outages, restrictions, or policy decisions.

Third-party platforms are independent services. We do not own or control them and are not responsible for their content, availability, decisions, policies, or actions. Your use of each third-party service is governed by that provider's terms and privacy policies.

We do not guarantee that any integration will remain available or function without interruption.

6. AI-Generated Content and Recommendations

The Services may use artificial intelligence and automated systems to generate, transform, summarize, analyze, recommend, or otherwise process content and information.

AI outputs may be inaccurate, incomplete, outdated, misleading, unsuitable, or similar to content generated for other users. Outputs may require substantial human review.

You are solely responsible for reviewing and deciding whether to use, publish, distribute, or rely on AI-generated content, recommendations, campaign strategies, audience selections, budget suggestions, and other outputs.

Before using AI-generated materials, you must verify as appropriate:

• Factual accuracy and completeness.
• Rights to use images, text, trademarks, music, video, and other assets.
• Compliance with advertising, consumer protection, privacy, intellectual property, and industry-specific laws.
• Accuracy of product descriptions, pricing, offers, claims, endorsements, and disclosures.
• Suitability for your intended audience and publication channel.

Delta does not provide legal, financial, tax, regulatory, or professional advice. AI outputs are not a substitute for qualified professional review.

Unless expressly stated in a separate written agreement, we do not guarantee that AI outputs are unique, protectable by intellectual property law, free of third-party rights, or suitable for a particular purpose.

7. Automation, Publishing, and User Authorization

Delta may allow users to configure automated workflows, scheduled content, campaign operations, and AI-assisted actions.

You acknowledge and agree that:

• Actions may be performed automatically when enabled by your account settings, permissions, workflow configuration, or prior authorization.
• Not every automated action necessarily requires a separate manual approval at the moment it occurs.
• You are responsible for reviewing approval settings, auto-approval rules, schedules, permissions, connected accounts, and workflow configurations.
• You must verify the content, destination account, timing, audience, campaign settings, and other material details before authorizing an automated workflow.
• You are responsible for monitoring active automations and promptly pausing or changing workflows that are no longer appropriate.
• Third-party platform restrictions and permissions may prevent, delay, or alter an intended action.

You must not configure automations to violate law, third-party platform policies, these Terms, or the rights of others.

We may provide controls to pause, disable, or modify certain automations, but you remain responsible for monitoring actions performed under your account.

8. Advertising, Budgets, and Expenditures

Where enabled and authorized, Delta may assist with advertising campaign creation, management, scheduling, optimization, and budget settings through connected advertising platforms.

You are responsible for:

• Setting and reviewing campaign budgets, spending limits, bid strategies, and billing arrangements.
• Confirming the advertising account, payment method, campaign objective, audience, geographic targeting, creative materials, and schedule.
• Understanding any automated budget adjustments or optimization rules you enable.
• Monitoring campaign activity and expenditure.
• Ensuring that you have authority to incur advertising charges on the relevant account.
• Paying advertising charges billed directly by third-party platforms or other providers.

Third-party advertising charges are generally separate from fees charged by Echelon Delta. Unless expressly stated in a separate written agreement, Delta does not collect, hold, or act as the merchant for advertising funds paid to third-party platforms.

You acknowledge that advertising platforms may incur charges, deliver impressions, or continue campaign activity according to their own systems and billing rules. Pausing or changing a campaign in Delta may not immediately stop delivery or charges on a third-party platform. You should verify campaign status directly with the advertising provider when necessary.

We do not guarantee advertising performance, conversions, leads, sales, return on investment, audience reach, or any particular business outcome.

9. User Content, Data, and Intellectual Property

"User Content" means materials or information you or your authorized users submit to, upload to, connect with, generate through, or otherwise make available to the Services. User Content may include text, images, videos, logos, brand assets, business information, campaign materials, customer information, and connected-account data.

Your ownership. As between you and Delta, you retain your rights in User Content to the extent you own or control those rights.

License to operate the Services. You grant Delta a limited, non-exclusive, worldwide license to host, store, reproduce, transmit, display, modify as technically necessary, and process User Content solely as reasonably necessary to provide, secure, maintain, and improve the Services, carry out actions you authorize, and comply with law and these Terms. This license includes processing by our service providers acting on our behalf.

Your responsibilities. You represent and warrant that you have all rights, permissions, consents, and legal bases necessary for your User Content and our permitted processing of it. You must not upload or use content that infringes another person's rights or violates applicable law.

Platform ownership. Delta and its licensors retain all rights in the Services, software, designs, branding, documentation, underlying technology, and related intellectual property, excluding User Content and third-party materials. These Terms do not transfer ownership of the Services to you.

Feedback. If you provide suggestions, ideas, or feedback, you grant us permission to use them without restriction or compensation, provided we do not thereby obtain ownership of your User Content.

10. Acceptable Use

You may use the Services only for lawful purposes and in accordance with these Terms.

You must not:

• Violate any applicable law, regulation, court order, or third-party policy.
• Infringe intellectual property, privacy, publicity, or other rights.
• Send spam, deceptive communications, fraudulent advertisements, or unauthorized solicitations.
• Create or distribute misleading, unlawful, discriminatory, defamatory, or harmful content.
• Impersonate another person or misrepresent a business, product, service, endorsement, or affiliation.
• Upload malware or attempt to compromise the Services or connected systems.
• Probe, scan, reverse engineer, or circumvent security measures except where applicable law expressly permits.
• Access data, accounts, or workspaces without authorization.
• Interfere with platform operations, abuse APIs, or exceed permitted usage limits.
• Use automation to manipulate engagement, evade platform restrictions, or conduct prohibited activity.
• Resell, sublicense, or commercially exploit the Services except as expressly permitted by a separate agreement.
• Use the Services to develop or train a competing service using confidential or restricted information.

We may investigate suspected violations and take appropriate action, including restricting or suspending access.

11. Subscriptions, Fees, and Payment

Certain features may be offered on a paid subscription, usage-based, or custom-contract basis. Pricing, billing frequency, included features, usage limits, renewal terms, and applicable taxes will be disclosed at the point of purchase or in a separate order form or written agreement.

Where paid services are offered:

• You authorize the applicable payment provider to charge the payment method you designate.
• You agree to pay disclosed fees and applicable taxes.
• Subscription renewals and cancellation terms will be presented before purchase or otherwise in the applicable order form.
• You are responsible for keeping payment information current.
• Fees for third-party services, advertising platforms, and external providers may be charged separately by those providers.

Unless required by law or expressly stated in a written agreement, fees are non-refundable once charged for the applicable billing period or services already provided. Any trial, promotional offer, refund, or cancellation terms presented at purchase will control where they differ from this general section.

We will not represent that a subscription or payment feature is available unless it is actually offered for your account.

12. Privacy and Data Processing

Our collection and use of personal information are described in the Echelon Delta Privacy Policy, available at:

https://echelon-delta.lovable.app/privacy

By using the Services, you acknowledge that you have had the opportunity to review that policy.

If you submit personal information belonging to customers, employees, contractors, or other individuals, you are responsible for providing required notices and obtaining required permissions or legal bases for that processing.

Where required by law or agreed in a separate data processing agreement, additional data processing terms may apply. If you require a data processing agreement, contact us using the details in Section 19.

13. Service Availability, Changes, and Support

We aim to provide useful and reliable Services but do not guarantee uninterrupted, error-free, or continuously available operation.

The Services may be unavailable or limited due to maintenance, updates, technical issues, security events, internet or hosting failures, third-party API changes, or circumstances outside our reasonable control.

We may modify, update, suspend, or discontinue any feature or part of the Services. Where reasonably practicable, we may provide notice of material changes.

Support availability, response times, service levels, and custom implementation commitments apply only where expressly included in a separate written agreement.

14. Suspension and Termination

You may stop using the Services at any time and may request account closure through available account controls or by contacting us.

We may suspend, restrict, or terminate access where reasonably necessary if:

• You materially breach these Terms.
• Your use creates a security, legal, operational, or financial risk.
• We reasonably suspect fraud, unauthorized access, abuse, or unlawful activity.
• A third-party platform withdraws required access or permissions.
• Payment obligations remain overdue after any applicable notice or grace period.
• We are required to do so by law or a competent authority.

Where reasonably practicable and legally permitted, we will provide notice and an opportunity to address the issue before suspension or termination.

Upon termination, your right to access the Services ends. Data handling and deletion are governed by the Privacy Policy, applicable law, and any separate written agreement. You should export information you need before closing your account where export functionality is available.

Provisions that by their nature should survive termination will remain in effect, including provisions concerning payment obligations, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

15. Disclaimers

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

WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
• AI-GENERATED CONTENT OR RECOMMENDATIONS WILL BE ACCURATE, COMPLETE, ORIGINAL, OR SUITABLE.
• THIRD-PARTY INTEGRATIONS WILL REMAIN AVAILABLE OR FUNCTION AS EXPECTED.
• MARKETING CAMPAIGNS WILL ACHIEVE ANY PARTICULAR RESULT.
• ERRORS OR DEFECTS WILL ALWAYS BE CORRECTED.

YOU ARE RESPONSIBLE FOR YOUR BUSINESS DECISIONS, CONTENT, ADVERTISING, CAMPAIGN SETTINGS, AUTOMATIONS, AND USE OF THIRD-PARTY SERVICES.

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

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECHELON DELTA AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ECHELON DELTA FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID DIRECTLY TO ECHELON DELTA FOR THE SERVICES DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

These limitations apply regardless of the legal theory and even if a party has been advised of the possibility of damages. They do not apply to liability that cannot be limited or excluded under applicable law.

17. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Echelon Delta and its owners, officers, employees, contractors, affiliates, licensors, and service providers from third-party claims, liabilities, damages, judgments, losses, costs, and reasonable legal fees arising out of or related to:

• Your User Content or materials submitted through your account.
• Your use or misuse of the Services.
• Your violation of these Terms or applicable law.
• Your infringement or misappropriation of another person's rights.
• Your connected accounts, advertising campaigns, or automated actions.
• Your failure to obtain necessary permissions, consents, or legal authority.

We will provide reasonable notice of an indemnified claim and may participate in its defense. You may not settle a claim in a manner that imposes liability or obligations on us without our prior written consent.

18. Changes to These Terms

We may update these Terms from time to time to reflect changes to the Services, business operations, legal requirements, or other circumstances.

We will update the "Last Updated" date when changes are made and may provide additional notice of material changes through the Services or by email where appropriate.

Changes will become effective on the date stated in the updated Terms, subject to applicable legal requirements. If you do not agree to revised Terms, you must stop using the affected Services.

19. Governing Law and Contact Information

Governing Law and Disputes

These Terms are governed by the laws of the State of North Carolina, United States of America, without regard to conflict-of-law principles, unless applicable law requires otherwise.

The parties agree that disputes will be brought in the state or federal courts located in Wake County, North Carolina, United States of America, subject to any mandatory rights or protections under applicable law.

Nothing in this section prevents either party from seeking urgent injunctive or equitable relief where legally available.

Contact Information

For questions about these Terms, account matters, legal notices, or requests concerning the Services, contact:

Please include sufficient information to identify your account and describe the nature of your inquiry. We may request reasonable verification before disclosing account information or processing certain requests.