These Terms of Service (“Terms”) govern your access to and use of the Rally website, Rally services, and the Rally connector for Muse (collectively, the “Services”), provided by Echo AI LLC (“Echo AI,” “we,” “us,” or “our”). By accessing or using the Services, you agree to these Terms. If you use the Services for a business, you represent that you have authority to bind that business.
1. Eligibility and accounts
You must be at least 18 years old and legally able to enter into a binding agreement to use the Services. You must provide accurate information, keep your credentials secure, and promptly notify us of suspected unauthorized access. You are responsible for activity under your account.
2. Early-access beta
Rally is currently offered as a private, early-access beta. Features may be incomplete, change, become unavailable, or contain errors. We may set participation limits, modify functionality, or suspend beta access. Do not rely on the Services as your only record of an order, payment, deadline, or customer obligation.
3. How group buys work
Merchant-published terms
Each active group buy must be based on terms published by the merchant. Those terms may include the eligible product, group price, minimum number of paid participants, deadline, geographic limits, fulfillment terms, return or refund rules, and any organizer reward.
A merchant may launch an official group for its own offer. An organizer may start a group only for a deal with merchant-published group terms. If a merchant has not published terms, an organizer may submit an expression of interest. An expression of interest is not an active group buy, does not bind the merchant, and does not guarantee a price, discount, reward, or product availability.
Paid participants and group status
Only participants with a qualifying paid order or confirmed payment status count toward a group’s goal. Poll responses, clicks, shares, verbal commitments, abandoned checkouts, and unpaid reservations do not count.
Payments
Participants pay the merchant or the merchant’s designated payment provider directly. Rally does not take possession of customer purchase funds, hold balances for merchants or organizers, or collect money on an organizer’s behalf. A temporary payment authorization may be used while a group is open. If the group does not fill by the published deadline, there is no final charge under the group-buy terms, and the merchant or its payment provider is responsible for releasing any authorization according to its processing timeline.
Filled and unfilled groups
If a group reaches its goal by the deadline, the merchant is responsible for processing and fulfilling qualifying orders under the published terms. If a group does not reach its goal, the offer does not activate unless the merchant’s published terms clearly provide another outcome that the participant accepted before joining.
4. The merchant is the seller
Rally provides software for publishing, sharing, tracking, and analyzing group buys. Rally is not the seller, merchant of record, payment processor, product manufacturer, shipper, or fulfillment provider.
The merchant is solely responsible for:
- The accuracy and legality of product descriptions, prices, discounts, inventory statements, deadlines, and deal terms.
- Product safety, quality, availability, taxes, checkout, payment processing, order confirmation, fulfillment, shipping, customer service, cancellations, returns, refunds, warranties, and legal compliance.
- Publishing clear organizer-reward terms and delivering each earned reward.
- Handling chargebacks, payment disputes, and customer complaints relating to its products or orders.
- Maintaining its own privacy notice and other disclosures required by law.
A purchase creates a transaction between the participant and the merchant, subject to the merchant’s terms and policies. Questions about a product, shipment, cancellation, return, refund, or reward must be directed to the merchant.
5. Organizers and organizer rewards
Organizers may share eligible deals and manage groups under merchant-published terms. Organizers may not collect participant purchase funds, misstate a deal, promise terms the merchant has not published, impersonate a merchant, or claim a relationship or endorsement that does not exist.
Any organizer reward is set, funded, and fulfilled by the merchant. Rally may display the reward rules and group status but does not guarantee or independently owe the reward. Disputes about a reward are between the organizer and the merchant, although Rally may provide available records or support information.
6. Merchant analytics
Rally may organize data about a merchant’s own deals, including filled and unfilled groups, progress toward goals, paid-participant counts, and product performance. Analytics describe observed activity. They do not establish why a group succeeded or failed and are not financial, pricing, marketing, or business advice. Merchants remain responsible for pricing, product, and audience decisions.
7. Acceptable use
You may not:
- Use the Services for fraud, deception, money laundering, unlawful sales, or other illegal activity.
- Create fake orders, manipulate paid-participant counts, coordinate chargebacks, or abuse promotions or organizer rewards.
- Publish false, misleading, unauthorized, infringing, unsafe, or illegal content, products, or offers.
- Collect participant payments outside the merchant’s approved checkout while representing the collection as part of Rally.
- Access another user’s account or another merchant’s nonpublic data without authorization.
- Probe, disrupt, overload, scrape, reverse engineer, or bypass security or access controls, except where applicable law expressly permits.
- Upload malware or use the Services to send spam, harassment, or abusive content.
- Use Rally, Meta, Shopify, a merchant, or another party’s name or marks in a way that falsely suggests affiliation or endorsement.
We may investigate suspected violations and restrict or terminate access when reasonably necessary to protect users, merchants, the Services, or others.
8. Your content and feedback
You retain ownership of content you submit to the Services. You grant Echo AI a worldwide, nonexclusive, royalty-free license to host, use, reproduce, modify, transmit, and display that content only as reasonably necessary to operate, secure, support, and improve the Services and to comply with law.
You represent that you have the rights needed to submit your content and that it does not violate law or another person’s rights. If you provide feedback, you permit us to use it without restriction or compensation.
9. Echo AI intellectual property
The Services, including Rally software, design, branding, documentation, and related technology, are owned by Echo AI or its licensors and are protected by intellectual-property laws. Except for the limited right to use the Services under these Terms, no rights are granted to you. Shopify, Meta, Muse, and other third-party names and marks belong to their respective owners.
10. Third-party services
The Services may connect with merchant stores, payment providers, Muse, Shopify, or other third-party services. Those services are governed by their own terms and privacy notices. Echo AI does not control and is not responsible for third-party services. Rally is an independent product of Echo AI LLC and is not affiliated with, endorsed by, or sponsored by Shopify or Meta.
11. Suspension and termination
You may stop using the Services at any time. We may suspend or terminate access if you violate these Terms, create legal or security risk, fail to meet beta requirements, or if we discontinue the Services. Sections that by their nature should survive termination will survive, including provisions about ownership, disclaimers, liability, indemnity, and disputes.
12. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ECHO AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND ERROR-FREE OPERATION.
ECHO AI DOES NOT GUARANTEE THAT A GROUP WILL FILL, THAT A PRODUCT WILL REMAIN AVAILABLE, THAT A MERCHANT OR ORGANIZER WILL PERFORM, THAT AN ANALYTIC INSIGHT WILL PRODUCE A PARTICULAR RESULT, OR THAT A THIRD-PARTY SERVICE WILL OPERATE WITHOUT INTERRUPTION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECHO AI AND ITS OFFICERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ECHO AI FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) US$100 OR (B) THE AMOUNT YOU PAID DIRECTLY TO ECHO AI FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. AMOUNTS PAID TO A MERCHANT FOR PRODUCTS ARE NOT AMOUNTS PAID TO ECHO AI. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
14. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless Echo AI and its officers, members, employees, affiliates, and agents from claims, liabilities, damages, losses, and reasonable costs, including legal fees, arising from your content, your products or offers, your use of the Services, your violation of these Terms or law, or your infringement of another party’s rights. This obligation does not apply to the extent a claim results from Echo AI’s own unlawful conduct.
15. Governing law and disputes
These Terms are governed by the laws of the State of Washington, without regard to conflict-of-laws principles. Before filing a claim, you and Echo AI agree to try in good faith to resolve the dispute informally by written notice. Notices to Echo AI must be sent to hello@echoaisms.com and describe the dispute and requested resolution. If the dispute is not resolved, claims may be brought in a court of competent jurisdiction in the State of Washington, except where applicable consumer law requires another forum or procedure.
16. Changes to the Services or Terms
We may change the Services and these Terms as Rally develops. We will post revised Terms with an updated date and provide additional notice when required by law. Changes apply prospectively. If you do not agree to revised Terms, you must stop using the Services.
17. General terms
These Terms and any applicable merchant-published terms are the entire agreement between you and Echo AI concerning the Services, except that merchant-published terms govern the purchase transaction between the participant and merchant. If a provision is unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver. You may not transfer these Terms without our consent; Echo AI may transfer them as part of a merger, financing, reorganization, or sale of assets. Headings are for convenience only.
18. Contact
Questions about these Terms may be sent to:
Echo AI LLC
Email: hello@echoaisms.com
State of registration: Washington, United States