Terms of Service

1.Acceptance of Terms, Eligibility & Brand Identity

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and ProductEcho Cloud Service LLC, a Delaware limited liability company (Brand: ProductEcho, "we", "us", or "our"), with its registered office at 8 The Green, Suite B, Dover, Delaware 19901, United States.

By creating a ProductEcho account, accessing our cloud dashboard at app.productecho.com, installing our Model Context Protocol (MCP) server, or making a payment for cloud infrastructure subscriptions, you explicitly agree to be bound by these Terms and our Privacy Policy, and, where we process personal data on your behalf, our Data Processing Addendum.

If you are agreeing to these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have full legal authority to bind that entity to these Terms.

Eligibility: You must be at least 16 years old and able to form a binding contract with us. You may not use the Service if applicable law prohibits you from receiving it, or if we have previously removed you from the Service for violating these Terms.

2.Service Description & Electronic Delivery Policy

Service Description: ProductEcho Cloud Service is an automated cloud application runtime platform providing instant PostgreSQL database provisioning, container orchestration, SSL/TLS certificate management, custom domains, and AI agent execution via Model Context Protocol (MCP).

Electronic Fulfillment & Delivery Timeline: ProductEcho Cloud Service is delivered exclusively as an electronic, digital Software-as-a-Service (SaaS) solution. No physical goods, hardware, or postal shipping are involved. Upon successful transaction authorization and receipt of payment confirmation from our payment gateway, your subscription tier, compute allocations, managed database access, and included infrastructure credits are provisioned and activated electronically in real-time.

Transaction Receipts & Invoices: An electronic invoice and payment confirmation receipt containing your transaction reference ID, plan details, and applicable taxes are sent automatically to your registered account email immediately following checkout.

3.Subscription Plans, Pricing, Credits & Recurring Billing Terms

Pricing & Currencies: All plan prices are stated in United States Dollars (USD) or the localized checkout currency displayed during transaction initiation. Unless explicitly stated otherwise, listed prices are exclusive of statutory taxes (such as VAT, GST, or sales tax), which are calculated at checkout based on your billing jurisdiction where legally required.

Recurring Subscription Billing: Paid plans (such as the Pro Plan, billed every 30 days or annually, every 360 days) and included infrastructure credits (e.g., $7 on 30-day billing, $84 on annual billing) are billed on a recurring prepaid basis. Subscriptions automatically renew at the expiration of each billing period for an equivalent period unless a cancellation request is submitted prior to the renewal date. A subscription that began on a 90-day or 180-day billing period stays on that period, with the credit that period included ($21 or $42), until it is cancelled or changed.

Payment Processing:Payments are processed by our payment partner, Dodo Payments, which acts as merchant of record for paid plans and credit top-ups: it charges your payment method, calculates, collects, and remits applicable taxes, and issues your invoice and receipt. By providing a payment method, you authorize Dodo Payments and ProductEcho Cloud Service LLC to charge the recurring subscription fee, applicable taxes, and any approved metered usage overages. Dodo Payments' own terms also apply to the payment transaction.

Infrastructure Credits:Credits included with a paid plan apply to metered usage in the billing period for which they are granted and expire when the next period's credit is granted. Credits you buy as top-ups do not expire while your account remains in good standing and are used after plan credit. Credits have no cash value, cannot be transferred, and are not refundable except as stated in Section 5 or where the law requires. Usage beyond your available credit is shown as a negative balance that the next top-up or credit grant repays; if a negative balance is not cleared within 15 days, we may downgrade your plan.

4. Cancellation Policy

Cancellation Always Done via Email: To cancel your recurring subscription and prevent future renewal charges, cancellation is always handled by submitting a written request directly to:

Effective Date of Cancellation: Cancellation takes effect at the end of your current prepaid billing cycle. You will continue to have unrestricted access to your paid resources, databases, and quotas until that period expires. No future automatic renewal charges will occur.

Processing SLA & Zero Penalties: Our billing desk acknowledges and confirms all cancellation requests within 24 to 48 business hours. We impose no cancellation penalties, early termination fees, or administrative charges.

5.Refund & Money-Back Policy

ProductEcho Cloud Service is dedicated to customer satisfaction and transparent billing. Our refund terms are structured as follows:

6.Dispute Resolution, Chargebacks, Governing Law & Grievance Redressal

Commitment to Amicable Resolution: At ProductEcho, we prioritize swift, transparent customer dispute resolution. If you believe a billing error has occurred or have questions regarding a transaction, we strongly urge you to contact us first at admin@productecho.com. We commit to acknowledging all billing queries within 24 to 48 business hours and resolving legitimate disputes promptly.

Chargeback Policy: Initiating an unnotified bank chargeback or payment gateway dispute may result in an automated temporary hold on your workspace, active database instances, and custom domains while the payment processor conducts its formal review. Contacting our billing desk directly allows for immediate investigation and fast resolution without service interruption.

Informal Resolution First: Before either party starts a legal proceeding, it will send the other a written notice describing the dispute (to admin@productecho.com, or to our registered office), and both parties will try in good faith to resolve it within 30 days of that notice.

Governing Law & Jurisdiction: These Terms and any dispute or claim arising out of or in connection with the ProductEcho Cloud Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to any choice or conflict of law provision, and excluding the United Nations Convention on Contracts for the International Sale of Goods. Subject to the informal resolution step above, the state and federal courts located in the State of Delaware have exclusive jurisdiction over any such dispute, and each party consents to their jurisdiction. Either party may seek urgent injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Mandatory Local Law: If you are a consumer, or otherwise have rights under the law of the country where you live that cannot be waived by contract, nothing in these Terms removes those rights.

7. Acceptable Use Policy (AUP)

You agree not to use ProductEcho Cloud Service infrastructure for any prohibited activities, including but not limited to:

8.Intellectual Property & 100% Code Ownership

You retain 100% ownership of all source code, software artifacts, database schemas, and customer data deployed to your ProductEcho Cloud Service runtimes. ProductEcho claims no ownership rights over your software or AI-generated applications.

Licence to Operate the Service: You grant us a limited, non-exclusive, worldwide licence to host, store, process, copy, build, and transmit your code, data, and content solely to provide, secure, and support the Service for you (including making backups), and as you direct through the console, API, or AI tools. This licence ends when your content is deleted from our systems under Section 11.

ProductEcho retains all right, title, and interest in and to our core cloud platform, underlying container orchestration technology, dashboard user interface, and MCP server implementations. If you give us feedback or suggestions, we may use them without obligation to you.

9.Hosting Regions, Data Location & Backups

Infrastructure Provider: ProductEcho runs on Amazon Web Services (AWS) data centers.

Control Plane & Billing: Account, authentication, billing, and platform control-plane data (the systems behind the console, API, and MCP server) are hosted in the United States (AWS US East, N. Virginia).

For regions available on request, we confirm availability, timing, and any region-specific pricing with you in writing before provisioning. Once confirmed, your applications and databases stay in that region. Our personnel and sub-processors may access them remotely for support and operations, as described in our Privacy Policy and Data Processing Addendum.

10.Hosting for Clients & Resale

Free and Pro plans are for your own use. You may not resell ProductEcho capacity, sub-license the Service, or bill third parties for hosting on ProductEcho (for example, charging a client a hosting fee for an application in your workspace) unless you hold a Custom Enterprise plan or another written agreement with us that allows it. Under such an agreement you remain responsible to us for your clients' use and content, and your clients are your customers, not ours.

11.Suspension, Termination, Data Return & Discontinuation

By You: You may stop using the Service and cancel at any time under Section 4, and you may delete your applications, databases, or workspace in the dashboard.

By Us: We may suspend or terminate your access for a material breach of these Terms or the Acceptable Use Policy, to stop abuse or a security risk, to comply with law, or for non-payment. After a failed renewal payment we allow a 7-day grace period, after which your resources are paused, not deleted. We give notice by email where practicable; we may act without notice only where needed to stop abuse, address a security risk, or meet a legal obligation.

Data Return & Deletion: After termination or expiry, you have 30 days to export your data: source code from your repository or upload, environment variables from the console, and databases with pg_dump. On request, we prepare a database dump within 5 business days. Afterwards we delete your applications and databases within 60 days of termination and, on request, confirm the deletion in writing. Database snapshots expire automatically within 7 days of the source database being deleted. We may keep billing records and other records we are required by law to keep.

Discontinuation of the Service:If we decide to discontinue the Service as a whole, we will give you at least 60 days' written notice, keep export access open during that period, refund the prepaid fees for the period after shutdown on a pro-rata basis, and confirm deletion in writing.

Provisions that by their nature should survive termination, including ownership, payment obligations, disclaimers, liability limits, indemnities, and dispute terms, survive.

12.Uptime Target, Support & Service Availability

ProductEcho Cloud Service targets 99.9% uptime for production container runtimes and managed PostgreSQL database clusters. Planned maintenance windows will be communicated in advance whenever feasible.

Support: Pro plans include priority email support at admin@productecho.com. Custom Enterprise plans include 24/7 on-call support for production incidents with a 1-hour acknowledgement time, as set out in the plan agreement.

13. Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available", and we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that code generated or actions taken by AI agents will be correct. The uptime target in Section 12 and the backups in Section 9 are service commitments as described there, not warranties of any particular result. Nothing in these Terms excludes a warranty that cannot be excluded by law.

14. Limitation of Liability

To the maximum extent permitted by law, ProductEcho Cloud Service LLC and its affiliates, officers, directors, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or application downtime resulting from your use of or inability to use our cloud services.

Our total liability arising out of or relating to these Terms or the Service, whatever the legal theory, will not exceed the greater of (a) the amount you paid us in the 12 months before the event that gave rise to the claim and (b) US$100.

Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud, gross negligence, wilful misconduct, or death or personal injury.

15. Indemnification

You will defend and indemnify ProductEcho Cloud Service LLC and its affiliates, officers, directors, and agents against third-party claims, and the resulting losses, damages, and reasonable legal costs, arising from: (a) your code, data, applications, and content; (b) your breach of these Terms or the Acceptable Use Policy; (c) your violation of law or of a third party's rights; and (d) actions taken through your account, API keys, or AI tools that you connected. We will notify you of the claim promptly, you may control the defense, and we may take part with our own counsel at our cost. You may not settle a claim in a way that imposes obligations on us without our written consent.

16. Data Protection

Our Privacy Policy explains how we handle personal data about you as an account holder, for which we act as controller. If your applications or databases contain personal data about other people (for example, your customers or form submissions), you are the controller of that data, or the processor if you handle it for your own clients, and we process it on your behalf as processor under our Data Processing Addendum, which includes the EU Standard Contractual Clauses where they apply. You can request a signed copy at admin@productecho.com. You are responsible for having a lawful basis for the personal data you put into the Service.

17. Copyright Complaints (DMCA)

If you believe content hosted on ProductEcho infringes your copyright, send a written notice that identifies the copyrighted work, identifies the infringing material and where to find it, gives your contact details, states your good-faith belief that the use is not authorized, and states, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner, with your signature. Send it to our designated agent: Attn: DMCA Agent, ProductEcho Cloud Service LLC, 8 The Green, Suite B, Dover, Delaware 19901, United States, or admin@productecho.com. We may remove or disable access to the material and terminate repeat infringers.

18.Export Controls & Sanctions

You must comply with applicable export control and sanctions laws, including those of the United States. You represent that you are not located in, organized under the laws of, or owned or controlled by a person in a country or region subject to comprehensive U.S. sanctions, and that you are not on a U.S. government restricted-party list. You may not use the Service in violation of those laws.

19.Changes to These Terms & General Provisions

Changes: We may update these Terms. For material changes we will notify you by email to your registered address, or in the console, at least 30 days before they take effect. If you keep using the Service after the effective date, you accept the updated Terms; if you do not agree, you may cancel under Section 4 before then.

General: These Terms, together with our Privacy Policy, any Data Processing Addendum, and any written plan agreement with you, are the entire agreement between us about the Service. If a provision is held unenforceable, the rest remains in effect. A failure to enforce a right is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of our business. Neither party is liable for delay or failure caused by events beyond its reasonable control. The parties are independent contractors, and nothing in these Terms creates a partnership, agency, or employment relationship.