Echoss Stamp Service Platform

Last Updated: December 1, 2022

The Gist

We (the folks at 12CM CHINA, INC. and referred to as "12CM"hereinafter) are on a mission to be a bridge to connect off-line to online for merchant. We hope you love our products and services — from echosssmart stamp platform to related application services for distributed companies to the next great idea that we haven’t even thought of yet — as much as we love creating them.

These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don’t agree to these Terms, don’t use our services.

These Terms govern your access to and use of the products and services we provide (collectively, “Services”). Please note that services are intended for commercial use and you acknowledge that your use is that of a representative of a business (as defined by applicable law) and not that of a consumer.

These Terms also govern visitors’ access to and use of any websites that use our Services.Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes.

1. Who’s Who

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

2. Your Account

When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.

We may limit your access to our Services until we’re able to verify your account information, like your email address.

When you create a echoss stamp service, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message.

You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.

Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.

If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy.

3. Minimum Age Requirements

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 16. If you register as a user or otherwise use our Services, you represent that you’re at least 16. You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

4. Responsibility of Visitors and Users

We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content. So, for example:

• We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
• You’re fully responsible for the Content available on your account, and any harm resulting from that Content. It’s your responsibility to ensure that your website’s Content abides by applicable laws and by the Agreement.
• We aren’t responsible for any harm resulting from anyone’s access or use. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
• We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and any third-parties.

5. Fees, Payment, and Renewal

a. Service Fees

Our service is a subscription service for store marketing, available after paying an annual fee per store. You create an account first and then complete the payment process. We will send you instruction email and echoss stamp hardware as soon as your payment process is finished.

Your subscription begins on 7days (Stamp hardware delivery period) after your purchase date, and we’ll bill or charge yourenewing annuallythrough the service site. Your access to service site will be expired if payment for the contract renewal is not made within the service period. You also can renew the contract and payment process by contacting the relevant support team.

Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment from you.

Payment. You must provide accurate and up-to-date payment information. By providing your payment information, you authorize us to store it until you request deletion. If your payment fails, we suspect fraud, or Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), we may immediately cancel or revoke your access to Paid Services without notice to you. You authorize us to charge any updated payment information provided by your bank or payment service provider (e.g., new expiration date) or other payment methods provided if we can’t charge your primary payment method.

Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you may not renew our service.

Refunds. We’ll provide refunds if required by law. In all other cases, there are no refunds and all payments are final.

6. Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.

7. General Representation and Warranty

Our mission is to make the web a better place, and our Services are designed to give you control and ownership over your websites. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:

• Will be in strict accordance with the Agreement;
• Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
• Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
• Will not infringe or misappropriate the intellectual property rights of 12CM or any third party;
• Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
• Will not disclose the personal information of others;
• Will not be used to send spam or bulk unsolicited messages;
• Will not interfere with, disrupt, or attack any service or network;
• Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
• Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
• Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

8. Specific Service Terms

echoss smart stampWebsites and Accounts

echoss smart stamp website enables you to create onlinecampaigns and events for your off-line store, and we would love for you to use it.

echoss smart stamp service is subscription service for store marketing, available after paying an annual fee per store.We don’t own your content, and you retain all ownership rights you have in the content you post to your campaigns and events. However, be responsible in what you publish. In particular, make sure that nothing prohibited (like spam, viruses, or serious threats of violence) appears on your contents.

If you find a echoss smart stamp website that you believe violates these Terms, pleaselet us know.

Removing Content. If you delete Content, we’ll use reasonable efforts to remove it from public view (or in the case of a private website, from view by the authorized visitors) on WordPress.com, but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.

More on Shipping Services Specifically. After your payment is completed and your account is opened, we will send the stamp hardware through mailing services such as SF EXPRESS, DHL, FEDEX, etc., and notify you via email of the relevant evidence so that you can track the shipping status.

echoss Smart Stamp hardware. The warranty period of Echoss Smart Stamp is 6 months, and if the product cannot be used due to a defect within 6 months, it will be exchanged for a refurbished product through the customer center on the website. We are not responsible for product damage caused by customer negligence. For the convenience of the store, you can purchase additional stamps through our customer center and link them to the store.

9. Copyright Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please send us a notice.

10. Intellectual Property

The Agreement doesn’t transfer any 12CM or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between 12CM and you) solely with 12CM. 12CM,echoss and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of 12CM(or 12CM’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any 12CM or third-party trademarks.

11. Changes

We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we’ll provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we’ve notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and may cancel any subscription you have.

12. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We have the right (though not the obligation) to (i) reclaim your username or accountdue to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any part of this Agreement or any 12CM policy, or is in any way harmful or objectionable, We will have no obligation to provide a refund of any fees previously paid.

13. Disclaimers

Our Services are provided “as is.” 12CM and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither 12CM, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

14. Jurisdiction and Applicable Law.

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of Republic of Korea, excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.

15. Limitation of Liability

In no event will 12CM, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to 12CM under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. 12CM shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

16. Indemnification

You agree to indemnify and hold harmless 12CM, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.

17. Translation

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

18. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between 12CMand you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

12CM may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.