Please read these Terms of Service ("Terms") carefully before using ExisEcho products and services operated by Exis, LLC ("we", "us", or "our"). By accessing or using our services, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing or using ExisEcho services, including the desktop application, API, website, and playground, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our services.
If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Description of Services
ExisEcho provides fuzzy logic-based duplicate detection services:
- Desktop Application: A Windows application for finding duplicates in various data sources including Excel, CSV, databases, and more
- API Service: A REST API for integrating duplicate detection into your applications
- Playground: A free web-based tool for testing the matching algorithm
3. Accounts and Licensing
3.1 License Types
- Subscription Licenses (Starter, Professional, Enterprise): Annual subscriptions that include API access with monthly unit allocations
- Perpetual License: One-time purchase for lifetime desktop application access (does not include API units)
3.2 License Restrictions
You may not:
- Share, transfer, or sublicense your license or API keys to third parties
- Use the software for illegal purposes or to process illegal content
- Reverse engineer, decompile, or disassemble the software
- Remove or alter any proprietary notices or labels
- Use the services to compete directly with ExisEcho
3.3 API Key Security
You are responsible for maintaining the confidentiality of your API keys. Any activity that occurs using your API keys is your responsibility. Notify us immediately if you suspect unauthorized use of your keys.
4. Payment Terms
4.1 Pricing
Current pricing is displayed on our Purchase page. Prices are subject to change with 30 days notice for existing subscribers.
4.2 Billing
- Subscription fees are billed annually in advance
- Perpetual licenses are billed as a one-time payment
- All fees are non-refundable except as described in Section 4.4
4.3 API Unit Usage
- API units are calculated as 1 unit per 2 records processed
- Unused units do not roll over to the next billing period
- Usage exceeding your plan limits will result in API requests being rejected until the next billing cycle or plan upgrade
4.4 Refund Policy
- Subscriptions: 14-day money-back guarantee for new subscriptions. Refund requests must be made within 14 days of initial purchase.
- Perpetual Licenses: 30-day money-back guarantee if the software does not function as described.
- Refunds are not available for renewal payments or after the guarantee period.
5. Service Level Agreement (SLA)
5.1 Support Response Time
We commit to responding to support inquiries within 24 hours during business days (Monday-Friday, excluding US holidays).
5.2 API Availability
We target 99.9% uptime for our API services. Scheduled maintenance will be announced at least 48 hours in advance when possible.
5.3 SLA Exclusions
The SLA does not apply to:
- Scheduled maintenance periods
- Issues caused by factors outside our reasonable control
- Issues resulting from your equipment, software, or network connections
- Abuse or misuse of the services
- Free tier or playground services
6. Acceptable Use
You agree not to use our services to:
- Violate any applicable laws or regulations
- Process data you do not have the right to use
- Infringe on intellectual property rights of others
- Transmit malware, viruses, or harmful code
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the integrity of our services
- Circumvent rate limits or usage restrictions
- Use automated means to access the playground beyond reasonable testing
7. Data and Privacy
7.1 Your Data
You retain all rights to the data you process through our services. We do not claim ownership of your data.
7.2 Data Processing
- Desktop application processes data locally on your machine
- API processes data in memory and does not store your data after processing
- We may collect usage metrics as described in our Privacy Policy
7.3 Data Security
While we implement industry-standard security measures, you are responsible for ensuring your data is appropriate for cloud processing (API) and complies with applicable data protection regulations.
8. Intellectual Property
8.1 Our Rights
ExisEcho, including all software, algorithms, documentation, and branding, is owned by Exis, LLC and protected by intellectual property laws. Your license grants you the right to use, not own, the software.
8.2 Feedback
If you provide feedback, suggestions, or ideas about our services, you grant us a non-exclusive, royalty-free license to use and incorporate such feedback into our products.
9. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OR COMPLETENESS OF RESULTS
We do not warrant that the services will be uninterrupted, error-free, or that all duplicates will be detected. The matching algorithms provide probabilistic results and should be verified for critical applications.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- IN NO EVENT SHALL EXIS, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM
- WE ARE NOT LIABLE FOR ANY LOSS OF DATA, PROFITS, OR BUSINESS OPPORTUNITIES
Some jurisdictions do not allow limitations on implied warranties or liability, so some of the above limitations may not apply to you.
11. Indemnification
You agree to indemnify, defend, and hold harmless Exis, LLC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any third-party rights
- Data you process through our services
12. Termination
12.1 By You
You may terminate your account at any time by contacting us. Termination does not entitle you to a refund of prepaid fees.
12.2 By Us
We may suspend or terminate your access if you:
- Violate these Terms
- Fail to pay applicable fees
- Engage in fraudulent or illegal activity
- Pose a security risk to our services or other users
12.3 Effect of Termination
Upon termination, your right to use the services immediately ceases. Sections 8-11 and 13-14 survive termination.
13. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
Any disputes arising from these Terms or your use of our services shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except that either party may seek injunctive relief in any court of competent jurisdiction.
14. General Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Exis, LLC regarding our services.
14.2 Modifications
We may modify these Terms at any time. We will provide notice of material changes via email or through our services. Continued use after changes constitutes acceptance of the modified Terms.
14.3 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
14.4 Waiver
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
14.5 Assignment
You may not assign your rights under these Terms without our written consent. We may assign our rights without restriction.
15. Contact Us
If you have any questions about these Terms of Service, please contact us: