EchoBach Terms of Service

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:

• EchoBach, Inc.: The provider of the EchoBach services, incorporated in Delaware.
• Services: The full suite of EchoBach offerings, including the interactive AI functionality accessible via the EchoBach hardware device ("Device"), iPhone application ("App"), and online services.
• Beta User: A user participating in EchoBach's beta testing phase with the understanding they may encounter bugs, errors, and other limitations.
• User Content: Any data, voice recordings, text input, or other content that users provide.
• OpenAI Services: The underlying AI service provided by OpenAI, which powers the interactive responses within EchoBach.
• COPPA: The Children's Online Privacy Protection Act, a U.S. law that applies to online services targeted to children under 13.
• California Resident: An individual residing in California, subject to specific rights under the California Consumer Privacy Act (CCPA).

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:

• Reverse Engineering: Attempting to decompile, disassemble, or otherwise reverse engineer EchoBach's software, firmware, or hardware.
• Unauthorized Commercial Use: The services are intended for personal use only, except with explicit permission for commercial or institutional usage.
• Service Interference: Actions that interfere with, disrupt, or attempt to bypass security measures or service functionality.
• Illegal Activities: Using EchoBach for any unlawful purpose, or to transmit harmful or offensive content.

Accounts created on behalf of children under 13 must be supervised by a parent or guardian in compliance with COPPA.

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:

• Subscription Fees: Users are billed a recurring monthly subscription fee, processed via Stripe. Subscriptions renew automatically each month unless canceled by the user.
• Model Utilization Fees: To cover OpenAI API costs, daily usage fees are billed to the payment method on file with Stripe. These fees apply across all "bach" devices, including the iPhone app.
• Device Purchase: Users may purchase EchoBach devices for a one-time fee. All sales are final, and devices are provided without refund or warranty. Support is limited to the beta phase.
• Additional Device Fees: Each additional EchoBach device beyond the first incurs an extra monthly subscription fee. Future plans include tiered pricing for enterprise and educational bundles.
• Payment Method Requirement: Users must maintain a valid payment method on file. Failure to do so may result in suspension or termination of services.
• Non-Payment Consequences: Services will be frozen, and accounts may be deleted for non-payment. Users are responsible for all outstanding fees.
• Fee Adjustments: EchoBach reserves the right to change fees at any time without notice.
• Taxes and Processing Fees: Users are responsible for all applicable taxes and processing fees associated with payments made to EchoBach, managed through Stripe.
• Refund Policy: All sales are final, and processed charges cannot be disputed. Users may cancel subscriptions anytime, effective for the next billing cycle.

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 returns will be provided for any reason.

8. Contact Information

For questions about these Terms of Service, please contact us at:

EchoBach, Inc.
Email: [email protected]