Summary

Purpose: Echofly helps you preserve human knowledge, memories, stories and legacies through AI-powered digital avatars (aka "Echo"/"Echos").

AI Profiles (Echos): Echos provide educational or informational content, not professional advice. Always consult qualified professionals for medical, legal, financial, or other expert advice.

Users & Creators: Users interact with Echos; Creators provide content to build Echos. Both must follow these Terms.

Content License: You own your content, but you grant Echofly a broad license to use it to operate and improve our Services, including AI training.

Pricing: monthly or annual subscription with optional 30-day free trial. Fees are non-refundable except where required by law.

Your Responsibilities: Use Echofly lawfully and respectfully. You're responsible for your content and conduct.

No Warranties: Echofly is provided "as is" without guarantees of accuracy, reliability, or availability.

Dispute Resolution: Most disputes resolved through binding arbitration on an individual basis (with opt-out right).

Contents

Acceptance of These Terms

Changes to These Terms

Privacy and Data Use

Account Registration and Security

Platform Development and Changes

Subscriptions, Pricing, and Payments

Acceptable Use and Conduct

User-Generated Content and License to Echofly

Creators: Additional Terms

Interactions with AI Profiles (Echos) – Disclaimers

Intellectual Property Rights

Third-Party Services and Links

Termination of Service

Legacy and Custodian Access

Disclaimers of Warranty

Limitation of Liability

Indemnification

Governing Law

Dispute Resolution and Arbitration

Miscellaneous

Contact Information

1. Acceptance of These Terms

Welcome to Echofly, LLC ("Echofly," "we," "us," or "our").

These Terms of Service ("Terms") govern your access to and use of the Echofly platform, including all websites, mobile applications, products, services, and interactive features (collectively, the "Services" or "Platform").

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

You must be at least 13 years old to use Echofly (or 16 in the EU/UK). If you are under the age of majority in your jurisdiction, you may use the Services only with the involvement of a parent or legal guardian who agrees to these Terms on your behalf.

If you are using Echofly on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Changes to These Terms

We may update these Terms as our Services evolve or as required by law. We will provide at least 30 days' notice of material changes via email, in-app notification, or a prominent notice on our website.

Your continued use of the Services after the effective date of updated Terms constitutes acceptance. If you do not agree to the changes, you must stop using the Services and may cancel your subscription before they take effect.

3. Privacy and Data Use

Your privacy is important to us. Our Privacy Policy explains how we collect, use, store, and protect your information. By using Echofly, you agree that we may use your data as described in our Privacy Policy.

Key Privacy Points:

• We collect profile data, content you provide, usage data, and interaction logs
• We use your interactions with Echos to improve AI models (you can opt out)
• We may review content for moderation, safety, and quality improvement
• We use third-party service providers (AWS, Stripe, OpenAI, ElevenLabs, etc.)
• You have rights to access, correct, delete, or port your data

For complete details, see our Privacy Policy.

4. Account Registration and Security

To use most features, you must create an account with accurate, current information. You are responsible for:

• Keeping your login credentials secure
• All activities that occur under your account
• Maintaining a valid email address for important notices

Do not:

• Share your password with others
• Transfer or sell your account
• Impersonate anyone

If you suspect unauthorized access to your account, notify us immediately at support@echofly.ai.

5. Platform Development and Changes

Echofly is actively developing our Services. Features may change, and some may be experimental or in beta. We may add, modify, suspend, or discontinue features at any time.

We will provide reasonable notice of major changes when feasible, but we reserve the right to make changes without notice when necessary for security, legal compliance, or technical reasons.

Feedback: If you provide suggestions or ideas about Echofly, we may use them without compensation or obligation to you.

6. Subscriptions, Pricing, and Payments

Free Trial and Subscription

• Current pricing is available on our website
• Optional 30-day free trial for new users
• After trial: Annual subscription required for continued access

Payment Terms

By providing payment information and purchasing a subscription, you authorize our payment processor (Stripe) to charge your payment method for all fees due.

Subscriptions automatically renew at the end of each billing period unless you cancel. You can cancel anytime via account settings or by contacting support@echofly.ai.

Refunds

All subscription fees are non-refundable except:

• Where required by law
• For accidental duplicate charges (case-by-case basis)
• Technical issues caused by Echofly (case-by-case basis)

EU/UK Consumers: You have a statutory right to withdraw from digital purchases within 14 days. To exercise this right, email support@echofly.ai with subject "Subscription Withdrawal." If service delivery has begun, we may deduct a proportionate amount for services provided.

Price Changes

We will provide advance notice of price increases. If you do not agree to the new price, you may cancel before the change takes effect.

7. Acceptable Use and Conduct

You agree to use Echofly lawfully and respectfully. You must not:

Legal Violations:

Use the Services for any illegal purpose

Violate any applicable laws or regulations

Infringe intellectual property or other rights

Harmful Conduct:

Harass, threaten, bully, or stalk others

Use hate speech or discriminatory language

Encourage violence or illegal activities

Share personal information of others without consent

Platform Integrity:

Upload viruses, malware, or harmful code

Attempt to hack, bypass security, or gain unauthorized access

Scrape or collect data through automated means without permission

Interfere with normal functioning of the Services

Content Standards:

Only share content you have the right to share

Do not post content that is fraudulent, defamatory, obscene, or objectionable

Do not intentionally prompt Echos to produce prohibited content

Violations: We may investigate and take action including content removal, account suspension or termination, and reporting to law enforcement for serious violations.

8. User-Generated Content and License to Echofly

Your Ownership

You retain ownership of all content you submit to Echofly ("User Content"), including messages, profile information, questions, feedback, and other materials.

License to Echofly

To operate the Services, you grant Echofly a worldwide, non-exclusive, royalty-free, sublicensable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content.

This license allows us to:

• Display your content to other users (consistent with your privacy settings)
• Store and process your content on our servers
• Reformat content for technical display across devices
• Use content to train and improve our AI models and Echos
• Analyze content for moderation and quality improvement

AI Training: Your content and interactions may be used to train, test, and improve our AI systems. You can opt out of AI training via your account settings (this will not affect use of anonymized or aggregated data). See our Privacy Policy for details.

Your Responsibilities

You represent and warrant that:

• You have all necessary rights to post your content
• Your content does not violate any laws or third-party rights
• Your content does not infringe copyright, trademark, privacy, or other rights
• Your content complies with our Acceptable Use rules

No Compensation

You agree that your ability to use the Services constitutes sufficient compensation for the rights you grant. You will not receive payment for posting content unless you participate in a separate program with explicit payment terms.

Interactions and Transcripts

When you interact with Echos or other users, these interactions are recorded. You should assume they are not entirely private. They may be accessed by authorized moderators or used internally to improve our Services.

Content Removal

If you delete content, we will stop displaying it publicly within a reasonable time. However:

Removed content may persist in backup copies (not publicly visible)

Content already used in AI training may continue to inform models

We cannot control content that others have shared or copied before removal

9. Creators: Additional Terms

If you sign up as a Creator to build an Echo (whether sharing expertise or creating a personal legacy), these additional terms apply.

Creator Content License

You maintain ownership of all Creator Content (materials you provide to create your Echo). By providing Creator Content, you grant Echofly the license described in Section 8, which specifically includes the right to:

• Train AI models on your content
• Create Echos that emulate your knowledge, style, or persona
• Allow users to interact with those Echos
• Continue using AI models trained on your content even if you later remove the original materials (though we will not use removed content in new training cycles)

Biometric Data and Likeness

If you upload photos, videos, or voice recordings to create a realistic Echo:

We may process this content to extract facial or vocal features

This biometric data is used solely to provide the requested service and improve related models

Biometric data is stored securely and deleted when no longer needed or when you delete your account

See our Privacy Policy for complete biometric data handling details

Creator Responsibilities

As a Creator, you agree to:

• Provide accurate information about yourself and your content
• Only upload content you have rights to use
• Not intentionally provide false or misleading information
• Ensure your content complies with our Acceptable Use rules
• Update time-sensitive content when necessary

Interactions with Users

Depending on platform features, users may be able to follow you, send messages, or ask questions. You are expected to interact professionally and respectfully, but you are not obligated to provide individual support unless you explicitly agree to.

Ratings and Reviews

Users may rate or review your Echos or content. While we expect constructive feedback, we do not guarantee positive reviews. We prohibit reviews that violate our rules (hate speech, threats, blatant falsehoods) and reserve the right to remove such reviews.

If you believe a review is fraudulent or abusive, report it to us for investigation.

No Employment Relationship

Being a Creator does not make you an employee, agent, or representative of Echofly. You are an independent contributor.

10. Interactions with AI Profiles (Echos) – Disclaimers

Echos are for informational and educational purposes only. By using Echos, you acknowledge and agree:

No Professional Advice

Echos are not professional advisors. Responses do not constitute medical, legal, financial, mental health, or other professional advice. Always consult qualified professionals for important decisions.

AI Limitations

• Echos may produce incorrect, outdated, or nonsensical answers
• Echos lack human context, judgment, and nuance
• You should independently verify important information
• Do not use Echos as your sole source for crucial decisions

No Guarantees

We do not guarantee the accuracy, completeness, or usefulness of any Echo response. We do not endorse statements made by Echos.

Potentially Inappropriate Content

While we program Echos to follow guidelines, AI may occasionally produce inappropriate or offensive content. If this happens, please report it. We are not liable for such content, but we will work to improve the AI.

No Confidential Queries

Do not share sensitive personal information with Echos. Interactions are recorded and may be reviewed. Treat conversations as semi-public, not confidential.

By interacting with Echos, you agree that Echofly is not liable for outcomes arising from your reliance on AI-generated content.

11. Intellectual Property Rights

Echofly's IP

Echofly and its licensors own all content and materials provided through the Services, including software, design, graphics, logos, trademarks, and Echofly-created content. The entire compilation (excluding User Content) is proprietary and protected by intellectual property laws.

Your License to Use

Echofly grants you a personal, worldwide, non-transferable, non-exclusive, revocable license to access and use the Services for your personal, non-commercial use, in accordance with these Terms.

You may not:

• Distribute, copy (beyond personal use), or create derivative works from our content
• Use Echofly content for commercial purposes without written consent
• Remove copyright notices, trademarks, or proprietary markings
• Use Echofly's name, logo, or marks without permission

Copyright Infringement (DMCA)

If you believe content on Echofly infringes your copyright, notify our Designated Copyright Agent at copyright@echofly.ai with:

• Your contact information
• Identification of the copyrighted work
• Identification of the infringing content and its location
• A statement of good faith belief that use is not authorized
• A statement that the information is accurate and you are authorized to act
• Your physical or electronic signature

We comply with the Digital Millennium Copyright Act and will remove infringing content and terminate accounts of repeat infringers.

12. Third-Party Services and Links

The Services may integrate with or link to third-party services (e.g., login via Google, links to external websites). Your use of third-party services is subject to their terms and privacy policies.

Echofly is not responsible for third-party practices or content. You access third-party services at your own risk.

Current Third-Party Providers

Our Services rely on:

• AWS (hosting and infrastructure)
• Stripe (payment processing)
• OpenAI (AI language models)
• ElevenLabs (customer support)
• Google Analytics (website analytics)
• PostHog (product analytics)

An updated list of sub-processors is available at privacy@echofly.ai.

13. Termination of Service

Your Right to Terminate

You may stop using Echofly at any time. To delete your account, use account settings or contact support@echofly.ai. Account deletion will remove or anonymize personal data as described in our Privacy Policy, but content you contributed may remain if it does not personally identify you.

Our Right to Terminate

We may suspend or terminate your access at any time, with or without notice, for reasons including:

• Violation of these Terms
• Suspected fraudulent or illegal activity
• Extended inactivity
• Discontinuation of the platform or features
• Legal requirements

Effect of Termination

Upon termination:

• Your license to use the Services ends
• You may lose access to content associated with your account
• These Terms terminate except for sections that by their nature should survive (content licenses, disclaimers, liability limitations, dispute resolution)
• You remain obligated to pay any outstanding fees
• No refunds of pre-paid amounts (except as required by law)

Publicly posted content may remain accessible even after termination. We may recycle usernames from terminated or inactive accounts.

14. Legacy and Custodian Access

Accounts and Echos are personal and not automatically transferable. In the event of death or incapacity:

Pre-Approved Custodianship

If you wish to designate a "Legacy Custodian" to manage your Echo or account, you must arrange this in advance by submitting a written request to support@echofly.ai with subject "Legacy Custodian Request." Include:

• Custodian's full name, email, and relationship to you
• Your explicit instructions for data or Echo management
• Any supporting documentation

This arrangement is subject to Echofly's approval.

Post-Mortem Access

Without pre-approved custodianship, we will not grant access except to authorized legal representatives (executors, power of attorney holders) who provide:

• Valid documentation of their authority
• Proof of identity
• Clear request for specific account actions

Legacy Custodians are bound by these Terms and our Privacy Policy. We reserve the right to deny or limit requests if we have concerns about authenticity or legal compliance.

We encourage users creating legacy Echos to communicate wishes to family and legal representatives in advance.

15. Disclaimers of Warranty

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND.

Echofly and its affiliates (collectively, the "Echofly Parties") disclaim all warranties, express, implied, or statutory, including:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement
• Any guarantee that the Services will be secure, uninterrupted, error-free, or timely
• Any guarantee that information will be accurate, complete, or current
• Any guarantee of specific results or outcomes from using the Services

We do not warrant or endorse:

• User Content or Creator Content
• AI-generated responses from Echos
• Statements or conduct of third parties
• Third-party products or services mentioned on the platform

Your use of Echofly is at your own risk. Some jurisdictions do not allow disclaimer of certain warranties, so some limitations may not apply to you.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE ECHOFLY PARTIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES.

This includes but is not limited to:

• Lost profits, revenue, or data
• Loss of goodwill or business interruption
• Cost of substitute services
• Any damages based on warranty, contract, tort (including negligence), or any other legal theory

ECHOFLY'S TOTAL LIABILITY FOR ANY CLAIMS IS LIMITED TO THE GREATER OF:

(a) The amount you paid to Echofly in the 6 months before the event giving rise to liability, or

(b) $100 USD

Exceptions: Nothing in these Terms limits liability that cannot be excluded by law, including:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or willful misconduct

Some jurisdictions do not allow limitation of liability for certain damages, so these limitations may not apply to you.

Claims must be filed within one (1) year after the cause of action arises, or they are permanently waived (where permitted by law).

17. Indemnification

You agree to indemnify, defend, and hold harmless the Echofly Parties from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms or applicable law
• Your violation of any third-party rights
• Any content you post or share through the Services

Echofly may assume exclusive defense and control of any matter subject to indemnification. You agree to cooperate with our defense and not settle any matter without our prior written consent.

This obligation survives termination of these Terms.

18. Governing Law

These Terms are governed by the laws of the State of Michigan, USA, without regard to conflict of laws principles.

EU/EEA/UK Users: Nothing in these Terms limits your mandatory consumer protection or dispute resolution rights under the laws of your country of residence.

U.S. Government Users: If you are legally unable to accept Michigan law, applicable federal law will govern instead.

19. Dispute Resolution and Arbitration

PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS.

Initial Dispute Resolution

Before filing any claim, you agree to try to resolve disputes informally. Contact us at disputes@echofly.ai with a written description of the dispute and your contact information. We will attempt to resolve it within 30 days.

If not resolved within 30 days, either party may initiate arbitration.

Agreement to Arbitrate

You and Echofly agree to resolve disputes through binding arbitration rather than in court, except as provided below.

This includes disputes based on federal or state statute, contract, tort, fraud, misrepresentation, or any other legal theory.

Exceptions to Arbitration

Either party may pursue the following in court:

• Small claims: Cases that qualify for small claims court on an individual basis
• Intellectual property: Actions to enforce or protect IP rights
• Injunctive relief: Where necessary to prevent irreparable harm

Consumer Rights: This arbitration agreement may not apply if you reside in a jurisdiction that prohibits mandatory arbitration in consumer contracts.

Arbitration Procedure

Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms.

• Single neutral arbitrator
• Location: Your county of residence or another mutually agreed location
• Format: Telephone, written submissions, or in-person
• Decision: Final and binding, with limited appeal rights under the Federal Arbitration Act

Arbitration Fees

Each party pays their own attorneys' fees unless the arbitrator awards fees to the prevailing party under applicable law.

Echofly will pay AAA's filing, administration, and arbitrator fees to the extent required by AAA rules or applicable law. For consumer disputes under $1,000, if you certify your claim is not frivolous, we will reimburse the AAA filing fee (typically $200) upon request.

No Class Actions

You and Echofly agree that disputes will be resolved on an individual basis only. Neither party may participate in class, representative, or collective actions.

The arbitrator may award relief only to the individual party seeking it, only to the extent necessary for that individual claim.

If any part of this "No Class Actions" provision is found unenforceable, the entire Arbitration Agreement (except this sentence) is void, but the rest of the Terms remain in effect.

Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to optout@echofly.ai with subject "Arbitration Opt-Out" and your account information within 30 days of first accepting these Terms.

If you opt out, neither party will require the other to arbitrate, but you remain bound by all other Terms, including the class action waiver (which continues to bar class actions in court).

20. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy and any additional program terms, constitute the entire agreement between you and Echofly regarding the Services.

Severability

If any provision is found invalid or unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions remain in full force.

No Waiver

Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment

You may not assign these Terms without our consent. We may assign our rights in connection with a merger, acquisition, or sale of assets.

Force Majeure

Echofly is not liable for delays or failures caused by circumstances beyond our reasonable control (natural disasters, war, pandemics, government actions, cyberattacks, infrastructure failures).

Notices

We may send notices via email, in-app notification, or website posting. You are responsible for keeping your contact information current.

Legal notices to Echofly should be sent to disputes@echofly.ai.

Relationship

You and Echofly are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship.

Language

These Terms are written in English, which is the governing language. If we provide translations, the English version controls in case of conflict.

21. Contact Information

Questions, concerns, or comments? Contact us at:

• Email: support@echofly.ai
• Legal/Disputes: disputes@echofly.ai
• Copyright: copyright@echofly.ai
• Arbitration Opt-Out: optout@echofly.ai

Mailing Address:

Echofly, LLC

2222 W. Grand River Ave Ste A,

Okemos, Ingham County,

MI 48864 US

Thank you for using Echofly. By accepting these Terms, you help us maintain a platform that's fair, safe, and valuable for everyone.