EchoMP Terms of Service

These Terms of Service (“Terms”) govern your access to and use of EchoMP, including our website, applications, artificial intelligence services, voice services, avatar services, video services, communication services, and all related products and features (collectively, the “Services”).

By creating an account, accessing, or using the Services, you agree to be bound by these Terms and any policies incorporated by reference.

If you do not agree to these Terms, you may not access or use the Services.

You must be at least sixteen (16) years of age, or the minimum age required by law in your jurisdiction, to use the Services.

Certain features, content categories, monetization programs, mature-content experiences, or other Services may require users to be eighteen (18) years of age or older.

EchoMP may request age verification, identity verification, or additional information where reasonably necessary.

EchoMP reserves the right to suspend or terminate accounts that fail to satisfy eligibility requirements.

“EchoMP”

EchoMP, its affiliates, successors, assigns, employees, contractors, licensors, service providers, and authorized representatives.

“Services”

All EchoMP products, software, applications, websites, tools, AI systems, avatar systems, voice systems, video systems, communication systems, APIs, integrations, and related services.

“EchoMP Technology”

The EchoMP platform, software, source code, workflows, interfaces, prompts, orchestration systems, moderation systems, memory systems, algorithms, documentation, branding, trademarks, copyrights, proprietary technology, and all related intellectual property.

“AI Persona”

Any AI-generated, AI-assisted, AI-powered, or automated character, assistant, representative, avatar, guide, coach, educator, advisor, entertainer, digital employee, digital representative, or similar entity created or operated through the Services.

“Customer Content”

Any content, prompts, files, documents, images, videos, audio recordings, voice samples, likenesses, messages, training materials, instructions, configurations, data, knowledge files, or other materials uploaded, submitted, provided, or used by a user through the Services.

“AI Outputs”

Any text, audio, images, videos, responses, recommendations, communications, suggestions, or other materials generated through the Services.

“Connected Services”

Any third-party applications, platforms, systems, APIs, integrations, payment processors, AI providers, voice providers, hosting providers, infrastructure providers, analytics providers, moderation providers, or related services connected to or used by EchoMP.

Users are responsible for:

• maintaining the security of their accounts;
• protecting passwords and credentials;
• ensuring information provided is accurate and current;
• all activity occurring through their accounts.

Users may not share accounts, transfer accounts without authorization, or provide unauthorized access to third parties.

Users must immediately notify EchoMP of any unauthorized access or security incident involving their account.

Certain Services require an active subscription.

Subscription plans, credits, pricing, features, usage limits, and available functionality may change from time to time.

EchoMP reserves the right to modify, suspend, restrict, discontinue, replace, or remove features, functionality, providers, integrations, or services at any time.

Access to AI Personas, memories, configurations, voice implementations, knowledge systems, and related platform functionality is provided as part of the Services and may be modified or discontinued.

EchoMP does not guarantee continued availability of any specific feature or provider.

Users retain ownership of any rights they possess in Customer Content that they lawfully upload or provide through the Services.

EchoMP retains all rights, title, and interest in and to EchoMP Technology.

Nothing in these Terms transfers ownership of EchoMP Technology to any user.

To the extent permitted by law, users may use AI Outputs generated through the Services for lawful purposes, subject to these Terms and any applicable third-party rights.

Users grant EchoMP a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, distribute, modify, and otherwise use Customer Content solely as reasonably necessary to:

• operate the Services;
• maintain the Services;
• secure the Services;
• improve the Services;
• provide support;
• investigate misuse;
• enforce policies;
• comply with legal obligations.

This license terminates when Customer Content is deleted, except where retention is reasonably necessary for legal, compliance, security, backup, moderation, dispute resolution, operational, or enforcement purposes.

Users are solely responsible for:

• Customer Content;
• AI Personas they create;
• AI Outputs they publish or distribute;
• obtaining all necessary permissions and consents;
• compliance with applicable laws;
• required disclosures relating to AI and synthetic media.

EchoMP does not verify, approve, endorse, monitor, or guarantee user-created personas or content.

Users assume all risks associated with their use of the Services.

Users are solely responsible for ensuring they possess all rights, permissions, licenses, authorizations, and consents necessary to upload, use, reproduce, create, clone, generate, modify, distribute, or otherwise utilize any voice, image, likeness, name, identity, photograph, video, audio recording, character, persona, or other content through the Services.

Users may not create, deploy, share, distribute, or monetize AI Personas that impersonate, replicate, misappropriate, or otherwise violate the rights of any person or entity.

EchoMP does not verify ownership, consent, or authorization relating to any uploaded content, likeness, voice, or persona.

Users assume full responsibility for all claims arising from content, voices, likenesses, personas, or materials used within the Services.

Users are solely responsible for complying with all applicable laws, regulations, and disclosure requirements relating to artificial intelligence, synthetic media, voice synthesis, digital avatars, automated communications, advertising, consumer protection, elections, and similar activities.

EchoMP may provide disclosure tools, warnings, recommendations, or features, but EchoMP does not guarantee legal compliance.

Users may not intentionally represent an AI Persona as a human being where doing so would violate law, deceive users, or create a material risk of confusion.

Where disclosure is required by law, users must clearly disclose that an interaction involves artificial intelligence or synthetic media.

Users may not use the Services to:

• violate any law or regulation;
• infringe intellectual property rights;
• impersonate another person without authorization;
• create deceptive deepfakes;
• engage in fraud or scams;
• harass, threaten, or abuse others;
• distribute malware or harmful code;
• generate or distribute unlawful content;
• violate privacy rights;
• engage in unauthorized surveillance;
• exploit minors;
• create non-consensual sexual content;
• circumvent platform safeguards;
• reverse engineer EchoMP Technology;
• interfere with platform security;
• use the Services in any manner that could expose EchoMP or its providers to legal, regulatory, reputational, operational, or commercial risk.

EchoMP may update prohibited activities at any time.

EchoMP may investigate, review, monitor, restrict, suspend, disable, remove, archive, delete, or terminate any account, persona, content, activity, interaction, workflow, voice model, image, likeness, or use of the Services at any time.

EchoMP may take such action whenever EchoMP reasonably believes it is necessary to:

• comply with law;
• comply with provider requirements;
• protect users;
• protect the Services;
• prevent misuse;
• enforce policies;
• respond to complaints;
• protect business interests;
• reduce risk.

EchoMP has no obligation to provide prior notice before taking enforcement action.

EchoMP may utilize third-party providers to deliver portions of the Services.

Such providers may include payment processors, artificial intelligence providers, hosting providers, voice providers, video providers, infrastructure providers, analytics providers, moderation providers, authentication providers, and related service providers.

EchoMP is not responsible for the availability, actions, omissions, policies, interruptions, failures, restrictions, or performance of third-party providers.

Users must comply with any applicable third-party provider requirements incorporated into the Services.

EchoMP may immediately suspend, restrict, remove, disable, or terminate any content, persona, account, activity, interaction, workflow, voice model, image, likeness, or use of the Services where EchoMP reasonably believes such activity may:

• (a) violate law;
• (b) violate third-party rights;
• (c) violate EchoMP policies;
• (d) violate provider requirements; or
• (e) expose EchoMP, its users, providers, partners, affiliates, or business operations to legal, regulatory, operational, reputational, or commercial risk.

EchoMP shall have no liability arising from such actions.

EchoMP may, from time to time, feature selected personas, creators, content, experiences, demonstrations, or platform examples on the Services.

Such placement does not create any partnership, agency relationship, employment relationship, endorsement obligation, ownership interest, revenue guarantee, preferred status, or special rights.

EchoMP may add, modify, replace, or remove featured content at any time in its sole discretion.

Nothing in the Services shall be interpreted as an endorsement, certification, approval, recommendation, or guarantee by EchoMP.

The Services may include face-to-face interactions, voice interactions, video interactions, avatar interactions, messaging, and other real-time communications.

Such interactions may involve the processing of audio, video, images, voice data, avatar data, messages, communications, and related information necessary to provide the Services.

EchoMP does not guarantee uninterrupted, secure, error-free, or continuous communications.

EchoMP is not responsible for interruptions, delays, connectivity failures, network conditions, device limitations, third-party provider outages, or communication failures beyond its reasonable control.

Users are solely responsible for complying with applicable recording, consent, privacy, disclosure, communications, and surveillance laws.

Users represent and warrant that any voice sample, image, likeness, video, audio recording, photograph, or similar content uploaded, cloned, synthesized, generated, reproduced, or used through the Services has been obtained with all necessary permissions, rights, licenses, authorizations, and consents.

Users further represent that their use of such materials does not violate any law, contractual obligation, privacy right, publicity right, intellectual property right, or other third-party right.

EchoMP does not endorse, verify, approve, sponsor, recommend, certify, or guarantee any user, creator, persona, content, service, recommendation, opinion, representation, communication, product, or experience made available through the Services.

The presence of any persona, creator, content, service, or experience on the Services does not constitute endorsement, approval, certification, sponsorship, or verification by EchoMP.

Users interact with personas and creators at their own discretion and risk.

If users provide suggestions, ideas, recommendations, bug reports, feature requests, comments, feedback, or other information relating to the Services, EchoMP may use such feedback without restriction and without compensation.

Users grant EchoMP a perpetual, irrevocable, worldwide, royalty-free right to utilize feedback for any lawful purpose relating to the operation, maintenance, improvement, marketing, development, or expansion of the Services.

EchoMP may retain information following deletion, suspension, termination, or account closure where reasonably necessary for:

• legal compliance;
• security;
• fraud prevention;
• audits;
• dispute resolution;
• backup systems;
• disaster recovery;
• enforcement;
• operational purposes;
• protection of the Services.

Certain information may remain in backup systems, logs, archives, security records, compliance records, and disaster-recovery systems for a reasonable period following deletion.

EchoMP shall not be liable for delays, interruptions, failures, degradation of service, or inability to provide Services resulting from causes beyond its reasonable control.

Such causes may include:

• natural disasters;
• acts of government;
• labor disputes;
• internet failures;
• telecommunications failures;
• cyber incidents;
• infrastructure failures;
• cloud provider outages;
• payment processor interruptions;
• artificial intelligence provider outages;
• hosting provider failures;
• utility failures;
• war;
• terrorism;
• civil unrest; or
• similar events.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECHOMP DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

ECHOMP DOES NOT WARRANT THAT:

• THE SERVICES WILL BE AVAILABLE;
• THE SERVICES WILL BE UNINTERRUPTED;
• THE SERVICES WILL BE ERROR-FREE;
• THE SERVICES WILL BE SECURE;
• THE SERVICES WILL BE RELIABLE;
• OUTPUTS WILL BE ACCURATE;
• OUTPUTS WILL BE COMPLETE;
• OUTPUTS WILL BE NON-INFRINGING;
• OUTPUTS WILL BE FIT FOR ANY PARTICULAR PURPOSE.

AI-generated outputs may be inaccurate, incomplete, misleading, offensive, inappropriate, biased, or incorrect.

Users are solely responsible for evaluating, validating, and verifying outputs before relying upon them.

Users agree to defend, indemnify, and hold harmless EchoMP and its affiliates, officers, directors, employees, contractors, licensors, service providers, partners, successors, and assigns from and against any claims, liabilities, damages, judgments, losses, penalties, fines, investigations, costs, expenses, or legal fees arising from:

• Customer Content;
• AI Personas;
• AI Outputs distributed or relied upon by the user;
• violation of these Terms;
• violation of law;
• violation of third-party rights;
• misuse of the Services;
• unauthorized use of voices, likenesses, images, or identities;
• deceptive conduct;
• fraudulent conduct;
• negligent conduct.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECHOMP SHALL NOT BE LIABLE FOR:

• INDIRECT DAMAGES;
• INCIDENTAL DAMAGES;
• CONSEQUENTIAL DAMAGES;
• SPECIAL DAMAGES;
• EXEMPLARY DAMAGES;
• PUNITIVE DAMAGES;
• LOSS OF PROFITS;
• LOSS OF REVENUE;
• LOSS OF BUSINESS;
• LOSS OF GOODWILL;
• LOSS OF REPUTATION;
• LOSS OF DATA;
• BUSINESS INTERRUPTION;
• LOST OPPORTUNITIES.

ECHOMP’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF:

• (a) THE AMOUNT PAID BY THE USER TO ECHOMP DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
• (b) TWO HUNDRED FIFTY CANADIAN DOLLARS (CAD $250).

SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIABILITY LIMITATIONS. IN SUCH CASES, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

EchoMP may suspend, restrict, disable, or terminate any account or access to the Services at any time for:

• violation of these Terms;
• violation of policies;
• legal compliance;
• fraud prevention;
• security concerns;
• provider requirements;
• operational needs;
• risk management;
• protection of users;
• protection of EchoMP.

Upon termination, access to personas, memories, configurations, voice implementations, knowledge systems, and related platform functionality may cease immediately.

Users remain responsible for obligations incurred prior to termination.

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Except where prohibited by applicable law, the parties agree that any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in Ontario, Canada.

Entire Agreement

These Terms, together with any incorporated policies, constitute the entire agreement between the parties concerning the Services.

No Waiver

Failure by EchoMP to enforce any provision shall not constitute a waiver of any right or provision.

Assignment

Users may not assign or transfer their rights or obligations under these Terms without prior written consent from EchoMP.

EchoMP may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, financing transaction, or similar business event.

Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Subcontractors and Service Providers

EchoMP may utilize subcontractors, vendors, service providers, partners, and third-party providers in connection with the Services.

No Partnership or Agency

Nothing in these Terms creates any partnership, joint venture, agency relationship, employment relationship, fiduciary relationship, or similar relationship between the parties.

No Third-Party Beneficiaries

Except as expressly stated, these Terms are intended solely for the benefit of the parties and create no rights in any third party.

Notices

EchoMP may provide notices through the Services, by email, or through other reasonable means of communication. Users are responsible for maintaining current contact information.