Encorum Terms of Use

1. Who these terms are between

These terms are between Echo5 Creative ("we", "us"), which provides Encorum, and the association that signs up ("the association"). People who use Encorum because an association invited them, such as board members, staff, volunteers, speakers, members and voters ("users"), agree to the parts of these terms that apply to how they use it.

2. What Encorum is

Encorum is a set of tools for running an association: Quorum (boards, meetings, minutes, bylaws and elections), Front Row (member pages and communications), Greenroom (events and people), Box Office (registrations, tickets and dues), Encore Studio (learning) and Ledger (financial oversight). What an association can use depends on its plan, shown in its settings.

Beta. Encorum is in beta. Features may change, and something may not work as expected. We fix problems as quickly as we can, and you can report them with the Contact us button on every screen.

3. Accounts and sign-in

• Sign-in uses a one-time code or link sent to your email. Keep access to your email secure; anyone who can read it can sign in as you.
• Each association decides who has access to what. An association administrator can give and remove access at any time.
• Tell us right away at support@echo5creative.com if you believe someone used your account without permission.

4. The association's records belong to the association

Everything an association or its users put into Encorum (members, minutes, votes, documents, forms, payments records and so on) belongs to the association. We use it only to provide Encorum to that association, to keep it secure, and as the law requires. We do not sell it, rent it, or use it for advertising. Each association's records are kept apart from every other association's at the database level.

The association is responsible for having the right to put that information into Encorum and to contact the people in it, and for giving its members any notices its own rules or the law require. A sample notice is provided for this.

5. Acceptable use

You agree not to:

• break the law, or use Encorum to harass, defraud or harm anyone;
• send email to people who have not joined, registered with, or otherwise agreed to hear from the association, or use purchased or rented lists;
• ignore an unsubscribe request, or send misleading subject lines or sender names;
• upload malware, try to reach another association's records, or test Encorum's security without our written permission;
• upload content you do not have the right to share;
• resell Encorum, or copy or reverse engineer it.

We may pause sending, or suspend an account, to stop abuse or to protect other associations, our email reputation, or the law. We will tell the association why and work with it to fix the problem.

6. Email

Encorum sends email on the association's behalf, under the association's name. The association is the sender under the CAN-SPAM Act and similar laws. Newsletters and announcements include the association's mailing address and an unsubscribe link. If an email bounces as undeliverable, Encorum stops sending to that address. If someone marks a newsletter as spam, Encorum stops sending them newsletters and announcements but still sends ballots, receipts and other notices the association owes its members.

7. Elections

Encorum keeps ballots secret: a vote is stored without who cast it, and only the counts are kept with the election. The association is responsible for its election rules, its voter list and certifying its results.

8. Payments

Payments are processed by the payment company the association chooses (for example Square). Card numbers go straight to that company and are never stored by Encorum. The association's agreement with its payment company governs fees, refunds and disputes. Encorum records what was paid so the association can track it.

9. Fees

Plan prices, allowances and billing terms are shown in the association's settings or in a separate order. We will give at least 30 days' notice before a price change applies to an association. If a payment is overdue, the association keeps full use for a 14-day grace period; after that, paid features become read-only until the balance is paid. Records are never deleted for late payment.

10. Ending service

An association may stop using Encorum at any time. Before anything is removed, the association can receive a full export of its records and files; during beta, Echo5 Creative prepares that export by hand on request. We keep the association's records for up to 90 days after service ends, so it can come back or retrieve anything missing. When the association asks, or when those 90 days end, Echo5 Creative deletes them; during beta this is done by hand rather than automatically. Backups age out on our hosting provider's schedule. We may end service with 30 days' notice, or sooner for serious misuse, and the same export applies.

11. Our software

Encorum, its design and its code belong to Echo5 Creative. These terms give the association and its users the right to use Encorum while the association is a customer; they do not transfer ownership. If you send us ideas or feedback, we may use them without owing you anything.

12. Warranties and limits

We work to keep Encorum secure, available and accurate, but it is provided "as is", especially during beta. To the extent the law allows, we disclaim implied warranties, including fitness for a particular purpose. The association is responsible for its own decisions, including its governance, finances and elections, and should keep its own copies of records it is legally required to keep.

To the extent the law allows, neither side is liable for indirect or consequential losses, and our total liability for any claim is limited to the fees the association paid us in the 12 months before the claim.

13. Changes to these terms

We may update these terms. If a change matters, we will tell association administrators at least 30 days before it takes effect. Continuing to use Encorum after that means accepting the change.

14. Law and disputes

These terms are governed by the laws of the State of Texas. Any dispute will be handled in the state or federal courts located in the county where Echo5 Creative has its principal office in Texas, unless both sides agree to another way.

15. Contact

Echo5 Creative · support@echo5creative.com