EchoBach Terms of Service

Effective Date: November 2024

1. Introduction and Definitions

These Terms of Service (“ToS”) govern the use of EchoBach's services, provided by EchoBach, Inc., a Delaware corporation. The following definitions apply:

2. Acceptance of Terms

By using EchoBach's services, users confirm that they have read, understood, and accepted these ToS. Users must be at least 18 years of age or, if under 18, have the consent and supervision of a parent or guardian. Users under 13 may only use the services through a parent or guardian's account. If you do not agree to these ToS, you must discontinue your use of EchoBach immediately. EchoBach reserves the right to modify these terms at any time without prior notice. Continued use of the service signifies acceptance of any updates.

3. Accounts and Registration

To access EchoBach's services, users must create an account by providing accurate, current, and complete information, including a full name, valid email address, and secure password. Users agree to maintain the confidentiality of their account credentials and accept responsibility for all activities that occur under their account. Unauthorized access must be reported immediately to EchoBach. Each user is limited to one account, and accounts are restricted to users residing within the United States.

4. User Conduct and Restrictions

Users agree to use EchoBach's services responsibly and in compliance with applicable laws. The following activities are strictly prohibited:

Parental Acknowledgment and Consent: Parents and guardians acknowledge and accept all risks associated with their minor children's use of EchoBach's services, including any content generated or interactions facilitated by the AI. EchoBach is not liable for any consequences arising from a minor's use of the service under parental supervision.

5. Intellectual Property Rights

EchoBach retains all rights, title, and interest in its services, software, hardware, trademarks, and related intellectual property. Users are granted a limited, non-exclusive, non-transferable license to use the services for personal, non-commercial purposes only. Users are prohibited from copying, reproducing, modifying, or creating derivative works based on EchoBach's services or intellectual property without explicit permission.

6. User Content and Data Rights

Users retain ownership of any content they submit through the EchoBach services. By submitting content, users grant EchoBach a limited license to use, store, and process this content solely for purposes related to the functioning, maintenance, and improvement of the services during the beta phase. Data handling practices are detailed in the Privacy Policy, accessible on our website.

7. Fees and Payment Terms

EchoBach services require payment as outlined below:

No Refund Policy: All payments made to EchoBach, including subscription fees, model utilization fees, and device purchase fees, are non-refundable under all circumstances. Users agree that no refunds, credits, or reversals will be provided for processed payments.

8. Termination and Suspension

EchoBach reserves the right to suspend or terminate accounts for non-payment, violations of the ToS, or activities that may harm EchoBach or its users. Upon termination, EchoBach may delete user data, and the user agrees to waive any claims against EchoBach for loss of data.

9. Warranty Disclaimer and Limitation of Liability

Disclaimer of Warranties: EchoBach's services, including but not limited to software, hardware, applications, and related services, are provided on an “as is,” “as available,” and “with all faults” basis. EchoBach expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

Third-Party Service Limitation: EchoBach's services rely on integration with third-party services, including OpenAI. EchoBach cannot guarantee the continued availability, functionality, or performance of OpenAI's API, and disclaims liability for any disruptions, limitations, or issues arising from OpenAI's services.

Limitation of Liability: To the fullest extent permitted by law, EchoBach and its officers, directors, employees, agents, licensors, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising from or related to:

In no event shall EchoBach's total cumulative liability for all claims related to the services exceed the amount paid by the user in the twelve (12) months preceding the event giving rise to the liability, or $100 USD, whichever is less.

Beta Product Acknowledgement: Users acknowledge that EchoBach is currently in beta and may contain errors, bugs, and other limitations. By using the services, users accept these risks, and EchoBach shall not be held liable for any issues arising from the beta nature of the product, including but not limited to data loss, interruptions, or inaccuracies.

10. Indemnification

Users agree to indemnify, defend, and hold harmless EchoBach, its officers, directors, employees, agents, licensors, and affiliates from any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from or related to:

11. Governing Law and Dispute Resolution

These Terms of Service are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions. All disputes arising from or relating to these Terms or the services provided by EchoBach shall be resolved through binding arbitration conducted in Austin, Texas, under the rules of the American Arbitration Association (AAA). Users waive their right to bring claims in a court of law and agree to arbitration on an individual basis only, not as a class or representative action.

Class Action Waiver: Users agree to resolve disputes on an individual basis only, and waive the right to participate in any class, collective, or representative action, including in arbitration or otherwise.

12. Miscellaneous

These Terms of Service constitute the entire agreement between EchoBach and users, superseding all prior agreements. If any provision of these ToS is found unenforceable, the remaining provisions shall remain in effect. EchoBach's failure to enforce any part of these ToS does not constitute a waiver.

For questions or assistance, please contact [email protected].