Terms of Service

Effective Date: October 7, 2025

Effective Date: October 7, 2025. Last Updated: October 7, 2025

Summary

• We built Echofly to help you learn, create, and explore with the power of AI. Now we also focus on helping you preserve human stories and legacies through digital avatars ("Echos"), especially for older adults.

• AI Profiles (Echos): Echofly is an AI-powered platform where you interact with AI-generated profiles called Echos. These Echos provide educational or informational content, not professional advice. Always consult a qualified professional for medical, legal, financial, or other expert advice – Echos are not a substitute for licensed professionals.

• Users & Creators: There are two main participant roles on Echofly – regular Users who learn and engage with content, and Creators who provide knowledge content or training data to power Echos. Both Users and Creators must follow these Terms and are responsible for their content and conduct on the platform.

• Content Ownership & License: You retain ownership of the content you post on Echofly, but you grant Echofly a broad license to use, reproduce, distribute, and modify your content as needed to operate and improve the Services. This includes permission to analyze your content and interactions for AI training, moderation, and personalization purposes (for example, to train machine learning models). This license is royalty-free and worldwide, and using Echofly is agreed to be sufficient compensation for the rights you grant.

• Platform Use & Conduct: You must use Echofly responsibly. Don't misuse the platform – no illegal activity, harassment, or attempts to harm the platform or others. Follow our acceptable use rules and any community guidelines. You're responsible for what you post or how you interact with others. We may remove content or restrict accounts that violate our rules or applicable laws.

• Profiles, Reviews, and Feedback: Echofly may allow public or private profiles for Users and Creators, and may include features for rating or reviewing Echos or Creators. Reviews are opinions of other users, not of Echofly. If you provide feedback or ratings, do so honestly and respectfully. We reserve the right to moderate or remove defamatory or abusive reviews or content.

• Privacy & Data Use: We care about your privacy. Please review our Privacy Policy to understand how we collect and use data. By using Echofly, you agree that we can store and analyze your interactions (including chats with Echos) to improve the service, enforce content standards, and personalize your experience, in line with the Privacy Policy. We also use third-party infrastructure (like cloud hosting on AWS and other providers) to run Echofly – these providers may process your data as needed to provide our Services. We adhere to applicable privacy laws (including GDPR and CCPA) in handling your personal data.

• Access & Availability: Echofly is currently a private, invite-only platform available worldwide (with primary operations in the U.S.).

• Subscription Model: Echofly now offers a 30-day free trial followed by an annual subscription. If you continue beyond the trial without cancellation, your provided payment method will be charged for the year, and fees are non-refundable (except where required by law).

• Service Changes: We are continuously improving our platform, so the Services may change over time. We may add, remove, or modify features, or even discontinue the platform or parts of it. We will try to give advance notice for major changes when feasible, but this may not always be possible. Continued use of Echofly after changes means you accept the updates.

• Termination: You are free to stop using Echofly at any time. Likewise, Echofly may suspend or terminate your access if you violate these Terms or if needed (for example, due to inactivity or technical issues). If your account is terminated, your rights to use the Services will cease, but certain provisions of these Terms will survive (such as content licenses, disclaimers, and liability limitations).

• No Warranty & Liability Limit: Echofly is provided on an "AS IS" and "AS AVAILABLE" basis without warranties. We do not guarantee that the platform will be error-free, uninterrupted, or that any content (including AI-generated answers) will be accurate or reliable. Use Echofly at your own risk. To the fullest extent allowed by law, we will not be liable for indirect damages or losses (like lost profits or data) and our total liability to you, if any, is limited. Some jurisdictions don't allow certain liability exclusions, so some of these limits may not apply to you.

• Governing Law & Disputes: These Terms are governed by the laws of the State of Michigan, USA (except for conflict of law principles). If you have an issue or dispute with Echofly, we encourage you to contact us first to resolve it informally. Any disputes that can't be resolved informally will be handled through binding arbitration on an individual basis, and you waive the right to jury trial or to participate in class actions, to the extent permitted by law. This means your dispute will be decided by a neutral arbitrator rather than in court, except for claims that can be brought in small claims court or other exceptions stated. By using Echofly, you agree to this arbitration agreement and class action waiver as part of these Terms.

Contents

1. Acceptance of the Terms

Welcome to Echofly, LLC ("Echofly," "we," or "us"). These Terms of Service (the "Terms") govern your access to and use of the Echofly platform, including all websites, mobile applications, products, services, and interactive features provided by Echofly (collectively, the "Services" or "Platform"). By accessing or using the Services, you agree to be bound by these Terms, as well as our Terms of Service and Privacy Policy (collectively, the "User Agreement"). If you do not agree with these Terms or any part of the User Agreement, you must not use or access the Services.

By accepting these Terms, you confirm that you are legally capable of entering into a contract. If you are using Echofly on behalf of an organization or another entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity as well as yourself. You must be at least 13 years old to use Echofly. If you are under the age of majority where you live, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. Echofly is not intended for children under 13, and we do not knowingly collect personal information from children under 13. If we learn that a user under 13 is using the platform, we will take steps to terminate that use. If you are located in the European Union, you must be at least 16 years old (or have parental consent) to use the Services, in accordance with the General Data Protection Regulation (GDPR).

By using the Services, you also agree to any Additional Terms that may apply to specific features or programs in Echofly. For example, if we introduce new features, promotions, or participation rules, those may come with additional terms. We will make those available to you, and by using the features you agree to those additional terms, which become part of this agreement. If any additional terms conflict with these general Terms, the additional terms will govern for that specific service or feature.

2. Changes to These Terms

Echofly is an evolving platform, and we may need to update these Terms from time to time as our Services change or as laws and regulations evolve. Echofly reserves the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on our website and updating the "Last Updated" date at the top, and/or by sending you a notification or email. We may also provide notice through other communications within the Services.

Please review any updates to the Terms carefully. Continued use of the Services after updated Terms have been posted (and have become effective) constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using Echofly. Except for changes we initiate as described here, no other amendment or modification of these Terms will be valid unless in writing and signed by both you and Echofly.

3. Privacy and Data Use

Your privacy is very important to us. Our Privacy Policy (see Section 2 below) explains how we collect, use, store, and protect your information when you use Echofly. Please read it carefully, as it is incorporated into these Terms by reference. By using the Services, you agree that Echofly can use such data in accordance with our Privacy Policy.

In particular, you acknowledge and agree that Echofly may record, store, and review your interactions on the platform (including messages, chats with Echos, and other activities) for purposes of moderation, training, and personalization. For example, we may analyze chat transcripts to improve our AI models or to ensure community standards are being followed. We may also use aggregated or anonymized interaction data to improve the Services and develop new features. We will handle all personal data in compliance with applicable laws, including data protection laws such as GDPR and CCPA , and our Privacy Policy.

Additionally, you understand that Echofly uses third-party infrastructure and services to operate the platform. This includes services like web hosting and cloud computing providers (for example, Amazon Web Services), analytics providers, communication tools, and payment processors. We may also use third-party AI model providers to process and generate responses (e.g., OpenAI, Anthropic). These providers act as processors under contractual obligations to handle data in compliance with privacy laws. These third parties may have access to your data as needed to perform their functions (for instance, storing data or processing a payment). We contractually require such providers to protect your data, but we cannot guarantee that they will never experience security breaches or service outages. By using Echofly, you consent to our use of third-party services and acknowledge that Echofly is not liable for any damages or losses arising from the actions or failures of those third-party providers.

You may have rights under applicable data protection laws to access, correct, delete, or export your personal data. Please see our Privacy Policy for more information or contact privacy@echofly.ai to exercise your rights.

For more details on how we handle data, please see our Privacy Policy.

4. Account Registration and Security

To access many features of Echofly, you may need to register for an account. When creating an account, you must provide accurate, current, and complete information. You may be required to choose a username (or Echofly ID) and password. You are responsible for keeping your login credentials secure. Do not share your account password with others. You agree not to transfer or sell your Echofly account to another person, and not to impersonate anyone in your account creation (for example, don't use someone else's name or a name you're not authorized to use). Accounts are personal to you and not automatically transferable to anyone else. If you wish to arrange for someone to manage or access your account in the event of your death or incapacity, you must obtain our prior written consent (see Section 19 below).

You are responsible for all activities that occur under your account, whether or not you authorized them. If you believe your account has been compromised or accessed without authorization, notify us immediately at support@echofly.ai. Echofly is not liable for any loss or damage arising from unauthorized use of your account, but you may be held liable for losses incurred by Echofly or others due to such unauthorized use.

You must provide and maintain a valid email address or other contact information so we can reach you with important notices. We may also send you service announcements, administrative messages, or other communications. Some of these communications are necessary for the Services (for example, verification emails or legal notices) and you may not be able to opt out of them. For other types of messages (like newsletters or product updates), you will have the option to unsubscribe.

5. Platform Development and Changes

Echofly continues to actively develop and improve its Services. Features may be experimental or change frequently, and there may be bugs or incomplete functionality. We appreciate your understanding and feedback during this development period.

Because of this evolving nature, you acknowledge that the Services may not be fully reliable or available all the time. We might update, modify, or remove features as we refine Echofly. We may also suspend the Services for maintenance or discontinue certain features or the entire Service in our discretion. We'll try to inform you (for example, via a notice on our website or an email) if any major changes will significantly affect your use of Echofly, but we reserve the right to make changes without notice when necessary.

Feedback: If you provide feedback, ideas, or suggestions about Echofly or our Services (for example, suggestions to improve features), you agree that we are free to use and implement those ideas without any compensation or obligation to you. Feedback is entirely voluntary, and we may use it for any purpose.

6. Subscriptions and Fees

Most of Echofly's features now require a paid subscription after an initial free trial period. We currently offer a 30-day free trial for new users; after the trial ends, continued access to the core Services requires an annual subscription fee. Certain features or content may also be offered for additional fees or as part of premium services (collectively, "Paid Services").

If you choose to access or purchase any Paid Services, Echofly will clearly inform you of the price and terms before you are charged. Any payment terms presented to you at the time of purchase (such as subscription billing intervals, trial periods, etc.) are considered part of these Terms if you proceed. By agreeing to pay for a Paid Service, you authorize our designated payment processor to charge your provided payment method for the fees due. Currently, we may use reputable third-party payment processors (such as Stripe) to handle transactions securely. Please note that the processing of payments is also subject to the terms and privacy policy of the payment processor, in addition to our Terms.

No Retroactive Charges: If you are using a feature that was free and we decide to make it a Paid Service, we will notify you and give you a chance to continue or opt out. You will not be charged for using any service unless you have opted in or been notified and agreed to pay for it. For instance, if we move from beta to a paid model for certain features, you will have to explicitly sign up and provide payment details for continued use of those features.

Refunds: All purchases of Paid Services are final and non-refundable, except as required by law. We generally do not offer refunds for subscription fees after a free trial period ends. However, we may consider refund requests case-by-case if there are extenuating circumstances (for example, accidental duplicate charges or technical issues caused by us). Any applicable refund policies will be communicated at the time of purchase or in the specific service terms.

Promotions and Trials: Echofly may offer free trials or promotional access to Paid Services for a limited time (for example, a 30-day free trial for new users). If we do, we will explain the terms of the trial (like duration and what happens when it ends). To avoid charges after a free trial, you must cancel before the trial ends. If you do not cancel and continue using the service, you will be charged as per the communicated terms.

Right of Withdrawal (Consumers in Certain Jurisdictions): If you are a consumer residing in the European Union, United Kingdom, or other jurisdictions with mandatory consumer protection laws, you may have the right to withdraw from a purchase of Paid Services within 14 days of the transaction without giving any reason. To exercise this right, contact us at support@echofly.ai with the subject “Subscription Withdrawal.” If service delivery has begun during the withdrawal period, Echofly may deduct a proportionate amount for the services already provided.

7. Acceptable Use and Conduct

We want Echofly to be a safe, respectful, and productive environment for learning and sharing knowledge. By using the Services, you agree to follow these rules of acceptable use:

  • Obey the Law: You will not use Echofly for any purpose that is illegal or prohibited by these Terms. You must comply with all applicable local, state, national, and international laws and regulations. This includes not posting or sharing content that is fraudulent, harmful, violates intellectual property rights, or breaches any other legal duty you have.
  • Respect Others: Do not harass, threaten, bully, or stalk other users or Creators. Avoid hateful or discriminatory language, and do not encourage violence or illegal activities. You should treat others on the platform with respect, even if you disagree with them. Any form of hate speech, extremist content, or personal attacks is strictly forbidden.
  • No Harmful Content: Do not upload or transmit viruses, malware, or any other code that could harm software, hardware, or the operation of the Services. Similarly, do not use the platform to distribute spam, chain letters, phishing schemes, or any other unsolicited mass messaging.
  • No Unauthorized Access or Scraping: You may only access the Services through the interfaces we provide. Do not attempt to hack, bypass, or circumvent any access controls or security measures on the platform. This means you cannot try to gain unauthorized access to other accounts, data, or our underlying systems. Also, you agree not to scrape or collect data from the platform through automated means (such as bots, crawlers, or scripts) without our prior written permission – especially not for the purpose of creating or training competing AI services.
  • Content Standards: You are responsible for the content you post on Echofly. Any content you provide (whether text, images, audio, video, or other media) must be something you have the right to share and must not infringe on the rights of others (for example, do not upload materials you copied from someone else without permission). Your content should be accurate (to the best of your knowledge) and appropriate for a general audience. Do not post content that is extremely graphic, pornographic, or otherwise obscene or objectionable. Additionally, do not share personal information of others without consent, and do not engage in activities that violate anyone's privacy or data protection rights.
  • Platform Integrity: Do not interfere with the normal functioning of Echofly or other users' experience. This includes not engaging in activities that might impose an unreasonable burden on our infrastructure, like attempting denial-of-service attacks or unnecessarily frequent automated requests. Also, do not falsely imply affiliation with Echofly or misrepresent yourself. For example, do not pretend to be an Echofly official or claim endorsements that you do not have.
  • No Misuse of Echos: Echos ("AI voices" or "AI profiles") are here to help users learn. You agree not to intentionally prompt or manipulate Echos into producing disallowed content (such as explicit hate speech, self-harm instructions, etc.) that violates these Terms or any community guidelines. If you encounter an inappropriate response from an AI Profile, please report it rather than exploiting it. We have the right to monitor and moderate interactions, and to suspend or ban users who systematically abuse the AI systems.

Echofly reserves the right to investigate and take appropriate action for any violation of these rules. Enforcement actions can include content removal, account suspension or termination, and if necessary, reporting to law enforcement for serious legal violations. We also reserve the right to delete or restrict any username that is offensive, impersonates someone, or violates these Terms or someone's rights (for example, trademark rights).

8. User-Generated Content and License to Echofly

User Content: Echofly allows Users and Creators to post content, including messages, profile information, text, images, videos, audio, and other materials ("User Content"). You retain any intellectual property rights you already hold under law in the content that you submit, post, or display on or through the Services – what's yours stays yours.

Echofly does not claim ownership of your User Content, including your personal data or any digital likeness you provide.

However, to operate the platform and provide our Services, we need certain permissions from you. By submitting or posting content on Echofly, you grant Echofly a worldwide, non-exclusive, royalty-free, sublicensable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your content in any and all media or distribution methods that exist now or are later developed. This license is for the limited purpose of operating, promoting, and improving the Services, and developing new ones. For example, it allows us to display your content to other users (consistent with your privacy settings or invite permissions), to reformat or edit content as needed for technical display, to train our models on the data (if applicable), and to store your content on our servers.

Importantly, this license includes our rights to: (i) analyze the text or other information you provide, and use it to improve Echofly's Services (such as by training and refining our AI and machine learning models); and (ii) make your content available to other users and to the public as part of the Echofly service (for example, showing answers you've contributed in public forums, or letting users interact with an AI that was trained on your content). You agree that this license granted to Echofly continues even if you stop using the Services or your account is deactivated, insofar as necessary for Echofly to maintain continuity of the Services (for instance, keeping past forum posts available to other users), though we will remove personal data associated with content upon verified requests as required by law.

You also agree that you will not be due any compensation for this license. In other words, you allow Echofly to use your content and information for free, and you agree that your ability to use the Echofly Services and features constitutes sufficient compensation for the rights you grant to us. (As noted in the Creator section below, if there are separate programs that provide revenue or other incentives for content, those are governed by separate terms – but unless such a program explicitly applies to you, you are not entitled to payment from Echofly for posting content on the platform.)

Your Responsibilities for Your Content: You represent and warrant that you have all necessary rights to post your content and to grant the above license. This means, for example, that if you upload a photo or an article, you either own the copyright or have permission from the owner to post it and to let us use it as described. You also promise that your content does not violate the law or anyone's rights (including privacy, publicity, and intellectual property rights), and that it is not defamatory, obscene, or otherwise in violation of our Acceptable Use rules or any other part of these Terms.

Echofly is not responsible for any User Content, and we do not endorse any User Content or any opinions expressed in it. All content is the sole responsibility of the person who originated it. We may, but are not obligated to, monitor or review content on the platform. Echofly reserves the right to remove or disable access to any content for any reason, such as if we believe it violates these Terms or we are required to do so by law. We also do not guarantee the accuracy, quality, or integrity of any User Content. By using Echofly, you understand that you may be exposed to content that you find offensive, inaccurate, or otherwise objectionable, and you agree that Echofly will not be liable for any damages arising out of content provided by users or AI.

Interaction Data: Content also includes the interactions you have with Echos or other users (for example, the questions you ask an AI Profile, or chat messages between a User and a Creator). You acknowledge that these interactions may be recorded and reviewed by Echofly to ensure compliance with these Terms and to improve our services. When you communicate or engage through the platform, you should assume it's not entirely private – even if not visible to other users by default, it might be accessed by authorized moderators or used by our algorithms internally.

AI Model Training and User Content: User Content and interactions may be used to train, fine-tune, and improve our AI systems. However, we will not use personal data in ways that violate applicable privacy laws. Where required by law, you may request to opt out of having your personal data used for AI training by contacting privacy@echofly.ai. Refer to our Privacy Policy for more details.

The license you grant to us for your content does not affect your other rights. You can choose to make certain content private or only visible to specific people if our features allow it, and we will respect those choices in how we display and share your content. If you delete content from the platform, our systems will stop making it publicly available in a reasonable amount of time. However, you understand that (a) removed content may persist in backup copies (though not visible to others), and (b) Echofly is not responsible for content that has been shared or copied by other users before you removed it, or content that was ingested by our AI for training.

Note:

  • For clarity, any personal data, including biometric data you upload (such as voice or facial likeness), will only be used in accordance with our Privacy Policy and applicable laws. Where required, we will obtain explicit consent for such use, and you may exercise opt-out rights as described in the Privacy Policy.
  • Where applicable law provides a right to opt out of AI training, users can exercise this right as described in the Privacy Policy.

9. Creators: Additional Terms and License of Creator Content

Echofly enables individuals or organizations ("Creators") to share their expertise or personal content with a wider audience through AI Profiles (Echos) or other content. (This includes experts sharing knowledge as well as individuals creating an Echo of themselves for personal legacy purposes.) If you sign up as a Creator or contribute Creator Content to Echofly, the following additional terms apply to you. (Creator Content is a subset of User Content that refers specifically to the educational, informational, or personal materials and data you provide for use in creating or enhancing Echos or other knowledge offerings on the platform.)

Creator Onboarding: To become a Creator, you may need to undergo a verification or application process. We might ask for information about your background, expertise, or the type of content you plan to provide. All information you provide must be truthful and accurate. We reserve the right to accept or decline Creator applications at our discretion. Creators will typically have a profile indicating their identity or area of expertise, which can be public or private according to our settings. By identifying as a Creator, you consent to having your Creator profile (which may include a bio, credentials, picture, etc.) visible to users on Echofly, subject to your privacy choices.

Creator Content Ownership and License: As a Creator, you maintain ownership of all the content you provide to Echofly, including any materials (such as documents, media, data sets) and any personal likeness or branding you contribute. Nothing in these Terms transfers ownership of your Creator Content to Echofly. However, by providing Creator Content on the platform, you grant Echofly the right to use it for the purpose of operating and improving the Services, similar to the User Content license above.

In particular, you grant Echofly a worldwide, royalty-free, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Creator Content in connection with the Services. This includes the right for Echofly to use your content to train and create AI models or Echos that emulate or draw upon your knowledge or style, to allow users to interact with those AI representations, and to modify or adapt your content as needed for technical reasons (e.g., formatting, encoding) or for creating training datasets. For example, if you provide a set of lectures or answers as Creator Content, Echofly might use that content to train an Echo (AI Profile) that users can interact with, asking questions that your content helps answer.

You also agree that Echofly may continue to use the AI models or Echos derived from your content even if you later remove your original Creator Content from the platform, provided that we stop using the actual underlying content in new training processes after you remove it. (In other words, if you decide to leave Echofly and delete your materials, we won't feed those materials into new training cycles, but the AI that was already trained on your content may continue to exist and learn from new data over time.) We will also honor any applicable data deletion or retention obligations as described in our Privacy Policy or as required by law.

For clarity, any personal data, including biometric data you upload (such as voice or facial likeness), will only be used in accordance with our Privacy Policy and applicable laws. Where required, we will obtain explicit consent for such use, and you may exercise opt-out rights as described in the Privacy Policy.

Non-Exclusivity: Echofly does not require exclusivity from its Creators. You are free to create, share, or monetize your knowledge and content outside of Echofly. For example, you can be a creator on other platforms, publish your content on your own site, or license it elsewhere. By the same token, nothing in these Terms grants you any exclusive rights to opportunities on Echofly – we may have multiple Creators in similar domains of knowledge, and we may allow multiple AI Profiles in overlapping topics. We value a diverse ecosystem of Creators.

Creator Responsibilities and Warranties: As a Creator, you bear a few extra responsibilities. Creators agree to indemnify and hold harmless Echofly for any claims, liabilities, or damages arising from Creator Content, including but not limited to intellectual property infringement, defamation, or privacy violations:

  • Rights to Content: You represent and warrant that you either own all rights to your Creator Content or have obtained all necessary permissions and licenses from third parties to grant Echofly the rights described above. Your content should not include anything that infringes on others' intellectual property or proprietary rights. If your content includes material from others (quotes, images, datasets, etc.), it's your responsibility to ensure it's properly licensed or used with permission.
  • Accuracy and Quality: You strive to provide content that is accurate, up-to-date, and valuable to users. While everyone can make mistakes, as a Creator you should not intentionally provide false or misleading information. If your content is time-sensitive or subject to change (for example, tax laws, clinical guidelines, etc.), you should make that clear or update the content as needed to maintain accuracy.
  • No Prohibited Content: Your Creator Content must adhere to the same content standards in Section 7 (Acceptable Use). In particular, Creators should not knowingly contribute illegal, harmful, or highly inappropriate content. Additionally, when guiding AI Profiles, Creators should not attempt to use the platform to generate disallowed content via their inputs. If you become aware that an Echo based on your content is producing problematic outputs, notify us so we can work on a fix.
  • Interactions with Users: Depending on how Echofly is set up, Users might be able to follow you, send messages, or ask questions directly (beyond just interacting with your AI persona). In such cases, you are expected to interact with users professionally and respectfully. You are not obligated to provide individual support or engagement unless you explicitly agree to (for example, if you offer a consulting session as a Paid Service, that would be a separate arrangement). If you do engage directly, any advice or answers you give must be given in good faith and within the scope of your expertise. Remember to include appropriate disclaimers if users ask for advice that veers into professional territory (e.g., legal advice if you're not a lawyer).

Ratings and Reviews of Creators: The Echofly platform might allow users to rate or review Creators or their content. As a Creator, you acknowledge that users can provide feedback (e.g., star ratings, written comments) on the Echos or content you provide. While we expect users to be fair and constructive, Echofly does not guarantee that all feedback will be positive. We do not censor user opinions simply because they are critical. However, we do prohibit reviews that violate our rules (for example, hate speech, personal threats, or blatant falsehoods). We reserve the right to remove or moderate reviews that violate our guidelines or these Terms.

If you believe a review or rating is fraudulent or abuses the system (for instance, someone spamming low ratings maliciously), you can report it to us for investigation. We will make a good faith effort to address such issues, but the final decision on removing or keeping a review rests with Echofly.

No Agency or Employment: Being a Creator on Echofly does not make you an employee, agent, or legal representative of Echofly. You are providing content as an independent contributor. You do not have authority to enter into contracts or make promises on behalf of Echofly. The relationship is that of a service provider and platform user, and any potential payments to you (via separate programs) are for content contributions or licensing, not wages.

In summary, we greatly appreciate our Creators' contributions and aim to treat Creators fairly. These additional terms are here to ensure everyone's rights are clear: you keep ownership of your work, we can use it to run the service, you're free to do other things, and any special deals are handled separately. If you have questions about being a Creator, please contact us.

10. Interactions with AI Voices (Echos) – Disclaimers

One of Echofly's core features is the ability for Users to interact with AI-generated profiles, called Echos, which may emulate specific knowledge domains or even the persona of certain Creators (with their permission). While we strive to make these AI interactions valuable and accurate, it is important to understand and agree to the following:

  • Informational Purposes Only: Echos are for informational and educational purposes. They are not professional advisors and their responses do not constitute professional advice (medical, legal, financial, or otherwise). Always use your own judgment and, when appropriate, seek advice from a qualified human professional. For example, you can ask an Echo health-related questions for general knowledge, but it's not a doctor – if you have a medical concern, you must consult a real doctor. Echofly is not responsible for any decisions you make based on interactions with Echos, as those are automated outputs generated for general information.
  • AI Fallibility: AI Profiles like Echos use advanced models to generate responses based on training data, but they are not infallible. An Echo might occasionally produce incorrect, outdated, or nonsensical answers. It might also lack context or nuance that a human expert would have. You should independently verify important information before relying on it. Do not use Echos as your sole source for crucial decisions.
  • No Endorsement or Guarantee: Echofly does not guarantee the accuracy, completeness, or usefulness of any answer or content generated by an Echo. We also do not guarantee that interacting with an Echo will achieve any specific learning outcome for you. The AI's statements are generated content, not statements of fact that Echofly is endorsing or verifying. We provide the AI Service "as is" and you use it understanding that risk.
  • Potentially Sensitive Content: We attempt to program Echos to follow our community guidelines and avoid offensive or harmful content. However, due to the nature of AI (and possibly provocative user prompts), it's possible that you might receive a response from an Echo that is inappropriate or offensive. If that happens, please report the content. Echofly is not liable for content generated by Echos, but we will work to improve the AI and prevent recurrences. You agree that you understand this risk and will not hold Echofly responsible for any harm caused by encountering unexpected content. We do not intend for Echos to provide any extremist, pornographic, violent, self-harm, or otherwise disturbing outputs – so if you see them, that means it's a bug or misuse that we need to fix.
  • No Confidential or Sensitive Queries: We advise you not to share personal sensitive information in your conversations with Echos. While we have measures to protect data, any information you input may be seen by our system and moderation tools. Also, since AI responses are generated, avoid relying on Echos for sensitive matters (like personal mental health crises, etc. – in such cases, seek immediate help from professionals). Remember that interactions are recorded; treat them as semi-public, not as a completely private or confidential exchange.

By interacting with Echos, you acknowledge these points and agree that Echofly will not be held liable for any outcome arising from your reliance on AI-generated content. If you do not agree with these conditions, please do not use the AI Profile & Echo features.

11. Intellectual Property Rights and Echofly Content

Beyond user-provided content, Echofly and its licensors retain ownership of all other content and materials provided through the Services, including the platform's software, design, graphics, logos, trademarks, service marks, and any content created by Echofly or its partners (such as any text, videos, or AI-generated content that Echofly provides directly). The entire compilation of content on the Echofly platform (excluding User Content and Creator Content) and the software that operates the platform are proprietary to Echofly and protected by applicable intellectual property and other laws.

Echofly License to You: Echofly grants you a personal, worldwide, non-transferable, non-sublicensable, non-exclusive, revocable license to access and use the Services and any Echofly-provided content for your personal, non-commercial use only, in accordance with these Terms. This means you can read, view, and interact with content on Echofly, but you do not have the right to distribute, copy (beyond incidental copies for personal use), publicly perform, or create derivative works from our content unless we explicitly give you permission. You also may not use any Echofly content (including Echos responses or any educational materials we provide) for commercial purposes without our written consent.

Restrictions: You agree not to remove, obscure, or alter any copyright notices, trademarks, or other proprietary markings on any content or materials from Echofly. If we provide tools that enable you to share certain content (like a shareable link or embed code), you must follow any usage guidelines we provide. Unauthorized use of Echofly's intellectual property is a violation of these Terms and may also violate copyright, trademark, or other laws.

The Echofly name and logo, as well as other related names, logos, product and service names, and designs that we use are trademarks of Echofly (whether registered or unregistered). You agree not to use these marks without our prior written permission. Additionally, you agree not to use the look-and-feel of the Echofly website or app (including our layout, color scheme, or design elements) in a way that might cause confusion for users or imply Echofly's endorsement of an unrelated product or service.

Copyright Infringement and DMCA: If you believe that any content on Echofly infringes your copyright or other intellectual property rights, please notify us promptly. We comply with the Digital Millennium Copyright Act (DMCA) and have procedures for removing infringing content and for terminating accounts of repeat infringers. To file a notice, contact our Designated Copyright Agent at copyright@echofly.ai with the required information (your contact info, identification of the work and infringing content, a statement of good faith belief, etc.). Misrepresentations in a DMCA notice can result in liability, so please ensure your claim is valid.

Third-Party Content: Sometimes our Services might include content that isn't ours – for example, third-party library code, or content via integrations, or links to third-party sites. Some third-party content available within the Services may be subject to separate license terms. In such cases, we will identify that content and the applicable license. You agree to comply with any such third-party licenses when they are presented. Echofly is not responsible for content on third-party sites that may be linked from our platform, and accessing those sites is at your own risk.

The Echofly Services may integrate or interact with third-party services not owned or controlled by Echofly. For example, we might allow you to log in using a third-party account (like Google or LinkedIn), or provide links to external content. Your use of any third-party service is subject to that party's terms and privacy policy. Echofly is not responsible for the practices or content of third-party services. If you access third-party services through Echofly, you do so at your own risk, and you should review their terms and policies.

If you grant Echofly permission to access your account on a third-party service (for example, linking your Google account to import contacts or content), you acknowledge that Echofly may receive certain information from that service (as described in our Privacy Policy) and that we will handle that information in accordance with our Privacy Policy.

13. Termination of Service

User Termination: You're free to stop using Echofly at any time. If you wish to delete your account, you may do so via the account settings page or by contacting us at support@echofly.ai. Account deletion will remove or anonymize personal data associated with your profile as described in our Privacy Policy, but content you've contributed (posts, messages, etc.) may remain in the system or visible to others if it doesn't personally identify you. We'll handle data in accordance with law and our policies when you leave. Keep in mind that if you later change your mind, we might not be able to recover your account or content once it's deleted, so only delete your account if you're sure.

Echofly Termination or Suspension: Echofly may suspend or terminate your access to the Services (or certain features within the Services) at any time, with or without cause, with or without notice. We might do this for a variety of reasons, including but not limited to: if you violate these Terms or our policies, if we suspect you of fraudulent or illegal activity, if you haven't used your account for a long time (inactivity), or if we decide to discontinue the platform or a part of it. We have sole discretion to decide whether a user's conduct or content breaches any part of these Terms.

If your account is terminated or suspended, you may lose access to any content associated with your account, and you may not be able to retrieve it (especially in cases of termination for cause). Therefore, please save any data or content that you don't want to lose (by backing up important information) while you have access.

Effect of Termination: Upon any termination of your access, whether initiated by you or by us, these Terms shall terminate with respect to you except that the following sections will continue to apply: any provisions concerning ownership or licenses of content (to the extent needed for our allowed uses), any disclaimers or limitations of liability, any indemnification obligations, and the sections on governing law and dispute resolution (and any other sections that by their nature should survive). For example, our right to use content you provided prior to termination may continue, and your agreement to arbitrate disputes will still apply.

Termination of your account does not relieve you of any obligations to pay any outstanding fees (if any), nor will it result in a refund of any pre-paid amounts, except as may be provided in a specific refund policy or required by law.

Even after your account is terminated, content you posted publicly or shared with others may remain accessible. For instance, if you answered a question in a public forum or if other users have re-shared your content, those copies may persist.

We also reserve the right to deactivate and recycle usernames from accounts that have been terminated or long inactive, so that the usernames can be used by other users in the future.

14. Disclaimers of Warranty

Provided "As Is": Echofly and all of its Services, content (including Echo responses), and features are provided "AS IS" and "AS AVAILABLE" without any warranty of any kind, either express or implied. Echofly, its affiliates, and their respective officers, employees, agents, partners, and licensors (the "Echofly Parties") disclaim all warranties and representations about the Services, whether express, implied, or statutory, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no guarantee that: (a) the Services will always be secure, uninterrupted, or error-free, (b) the information provided on the Services will be accurate, complete, or timely, or (c) any content or advice you obtain through the Services will meet your expectations or requirements.

No Warranty on Outcomes: Specifically, while we hope you find Echofly useful for learning and more, we do not warrant or promise any specific results from use of the Services. For example, we don't guarantee you'll achieve a particular level of expertise or success after using an Echo or that any advice given will solve your particular issue. Any reliance you place on the information from the Services is strictly at your own risk.

Not Responsible for User or AI Content: The Echofly Parties are not responsible for the accuracy, legality, or decency of material made available through the Services by users or by the AI output. This includes any User Content or Creator Content, as well as responses generated by Echos. We are also not responsible for statements or conduct of any third parties (including other users, Creators, or external websites) that you encounter via Echofly. Any products or services mentioned or recommended by the AI or users on the platform are mentioned without any endorsement or warranty from Echofly.

No Fiduciary Relationship: Your use of Echofly does not create any fiduciary duty on our part to you. You acknowledge that we are not your agent or advisor. For instance, even if an Echo is giving you advice-like information, that does not make Echofly your advisor in a legal sense.

Because some jurisdictions do not allow the disclaimer of certain warranties or conditions, some of the above disclaimers may not apply to you. In such cases, any warranties required by law are limited in duration to the shortest period permitted by law.

15. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will the Echofly Parties (Echofly and its affiliates, and their officers, directors, employees, agents, and partners) be liable to you or any third party for any indirect, incidental, consequential, special, or punitive damages whatsoever arising out of or in connection with the use of (or inability to use) the Services or these Terms, whether based on warranty, contract, tort (including negligence), or any other legal theory. This means we are not liable for, for example, lost profits, lost data, loss of goodwill, business interruption, or any similar damages, even if we've been advised of the possibility of such damages.

In addition, Echofly's total cumulative liability for any claims arising out of or relating to the Services or these Terms will not exceed the greater of: (a) the total amount (if any) you paid to Echofly for the specific service or feature in the six (6) months immediately before the event giving rise to the liability, or (b) USD $100. If applicable law does not allow the exclusion or limitation of certain damages, the above limitation may not apply to you, and in such cases, the liability of Echofly Parties will be limited to the fullest extent permitted by law.

This limitation of liability is a fundamental part of the agreement between you and Echofly and reflects the allocation of risk between the parties. The Services would not be provided to you without such limitations.

Exceptions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that you are in such a jurisdiction, some of the above limitations may not apply to you. In particular, nothing in these Terms limits or excludes our liability for gross negligence, willful misconduct, or fraud; for death or personal injury caused by our negligence or the negligence of our employees, contractors, or agents; or any other liability that cannot be excluded by law.

You agree that any claim or cause of action arising out of or related to your use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose (or within the shortest period allowed by law if a year is deemed too short by your local law). If not filed within that time, you permanently waive the claim (this does not apply where prohibited by law).

16. Indemnification

You agree to indemnify, defend, and hold harmless the Echofly Parties from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and costs) that arise out of or are connected to: (a) your use or misuse of the Services, (b) your violation of any of these Terms, any applicable law or regulation, or any rights of any other person or entity, or (c) any content that you post or share through the Services (including claims that your content infringes someone else's rights or caused harm to someone).

For example, if you as a User post defamatory content and someone sues Echofly because of it, or if you as a Creator upload content you didn't have rights to and we get a copyright complaint, you agree that you'll cover the costs and damages that Echofly incurs as a result of those issues.

Echofly reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do so, you agree to cooperate with our defense of that claim. You agree not to settle any such matter without the prior written consent of Echofly. We will use reasonable efforts to notify you of any claim that is subject to this indemnification once we become aware of it.

Your indemnification obligation will survive any termination of these Terms and your use of the Services.

17. Governing Law

These Terms and any dispute arising out of or related to them or the Services will be governed by the laws of the State of Michigan, USA, without regard to its conflict of laws principles, and (to the extent applicable) the federal laws of the United States. If you reside outside the United States or in a jurisdiction with laws that mandate different consumer protection or data protection provisions, we will remain compliant with those as required by law, but the governing law for disputes (to the extent allowed) will still be Michigan.

If you are using the Services on behalf of a U.S. government entity and you are legally unable to agree to the governing law above, then applicable federal law will govern instead. If you are a government user in another jurisdiction that prohibits you from accepting Michigan law, please contact us to work out an appropriate arrangement.

If you reside in the European Economic Area (EEA) or the United Kingdom, you may benefit from mandatory consumer-protection and dispute-resolution rights under the laws of your country of residence. Nothing in these Terms limits those statutory rights.

18. Dispute Resolution and Arbitration Agreement

Please read this section carefully. It requires that most disputes be resolved by binding arbitration and on an individual basis, rather than in court, and it limits the manner in which you can seek relief from Echofly. By using Echofly, you agree to this arbitration agreement. If you do not agree, please do not use the Services.

Initial Dispute Resolution

We want to address your concerns without the need for a formal legal dispute. Before filing a claim against Echofly, you agree to try to resolve the dispute informally by contacting us at dispute@echofly.ai. Please provide a brief written description of the dispute and your contact information. We will attempt to resolve the dispute informally through dialogue within 30 days from the date we receive your dispute notice. If the dispute is not resolved within 30 days, either you or Echofly may initiate arbitration as described below.

Agreement to Arbitrate

You and Echofly agree to resolve any disputes, claims, or controversies arising out of or relating to these Terms or your use of the Services (collectively, "Disputes") by binding arbitration, except as provided below. This includes disputes based on federal or state statute, disputes involving Echofly's officers, directors, employees, or agents (who are third-party beneficiaries of this arbitration agreement), and claims based in contract, tort, fraud, misrepresentation, or any other legal theory.

Exceptions: Either party may choose to pursue the following types of disputes in court, rather than arbitration:

  • Small Claims: If the dispute qualifies for small claims court in a jurisdiction that has authority, either party can opt to bring an individual action in small claims court instead of arbitration, as long as the matter remains in that court and on an individual (non-class) basis.
  • Intellectual Property: Both you and Echofly retain the right to bring suit in a court of proper jurisdiction to enforce or protect intellectual property rights. For example, if you violate our trademark or we suspect you of infringing copyrights, we can go to court for injunctive relief.
  • Consumer Rights: This arbitration agreement may not apply to you if you reside in a jurisdiction that prohibits mandatory arbitration clauses in consumer contracts. In such cases, you retain the right to bring claims in a court of competent jurisdiction.

Arbitration Procedure

The arbitration will be administered by a neutral arbitration provider (for example, the American Arbitration Association, AAA) and conducted under the rules of that provider applicable to consumer disputes (such as the AAA Consumer Arbitration Rules), except as modified here. If AAA is not available and the parties cannot agree on a substitute, a court can appoint an arbitrator.

The arbitration will be conducted by a single, neutral arbitrator. It may be conducted via telephone, written submissions, or in person in the county where you live or another mutually agreed location. The arbitrator can award any relief that a court of competent jurisdiction could, including individual damages and injunctive or declaratory relief to the extent required to satisfy your individual claim.

The arbitrator's decision will be final and binding on all parties, except for a limited right of appeal under the U.S. Federal Arbitration Act. Judgment on the arbitration award may be entered in any court having jurisdiction.

Arbitration Fees: Each party will be responsible for their own attorneys' fees and costs, unless the arbitrator decides a provision of applicable law requires an award of fees to the prevailing party. Echofly will pay the arbitration provider's filing, administration, and arbitrator fees to the extent required by law or by the provider's rules (for instance, AAA's rules might specify that we cover certain costs for consumer arbitrations). If your claim is for less than $10,000 and you certify it's not frivolous, we will reimburse your filing fee upon request.

No Class Actions

You and Echofly agree that any Dispute is personal to you and Echofly, and that it will be resolved solely through individual arbitration and not as a class, representative, or collective action. Neither you nor Echofly will be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding.

The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under these Terms.

If a court decides that any part of this "No Class Actions" subsection is unenforceable or invalid, then the entire Arbitration Agreement (except for this sentence) will be null and void. However, the rest of the Terms, including any provision in Governing Law, will continue to apply.

Opt-Out

We believe the arbitration agreement is beneficial for both users and Echofly in resolving disputes efficiently, but if you do not wish to be bound by this arbitration provision, you have the right to opt out. To do so, you must send a written notice of your decision to opt out to optout@echofly.ai or to our physical mailing address (which we will provide in the Contact section) with the subject line "Arbitration Opt-Out" and your account information. Your opt-out notice must be postmarked or emailed within 30 days of first accepting these Terms. If you do not opt out within that 30-day period, you and Echofly shall be bound by the terms of this arbitration agreement.

If you opt out of arbitration, neither party will require the other to participate in an arbitration proceeding. Even if you opt out, however, you remain bound by all other parts of these Terms, including the class action waiver above (which will still bar you from participating in class actions in court).

Severability of Arbitration Terms

Except as provided in the "No Class Actions" subsection above, if any portion of this arbitration agreement is found unenforceable or unlawful, that portion shall be severed and the remainder of the arbitration agreement shall continue in full force and effect. In any case, the entirety of the arbitration agreement shall stand if possible; only the specific unenforceable portion will be removed.

Note: This arbitration agreement does not apply to you if you reside in a jurisdiction that prohibits mandatory arbitration in consumer contracts. In such cases, you may bring claims in your local courts.

19. Legacy and Custodian Access

Echofly's mission includes helping users preserve their legacy through digital avatars. However, accounts and Echos are personal to the individual who created them and are not automatically transferable. In the event of your death or if you become incapacitated, your account will not be automatically transferred to any other person.

If you wish to arrange for someone (a "Legacy Custodian") to manage or access your Echo or account after you are no longer able to do so, you must make a specific arrangement with Echofly in advance. This may include providing us with a designated contact and any necessary legal documentation (such as proof of power of attorney or executor status). Any such arrangement is subject to Echofly's approval and discretion.

Without such a pre-approved custodianship arrangement, Echofly will generally not grant anyone access to your account or content, except as required by law. An authorized legal representative (for example, an estate executor or a person with power of attorney) may contact us with a request regarding your account. Echofly may, after verifying their authority and identity, allow them limited access to or control over the account or Echo, or to request deletion of your personal data, consistent with our Privacy Policy and applicable laws.

Any transfer of account access or Echo data under this section will be handled manually by Echofly's support team and only upon receipt of valid documentation. There is no automated process for transferring or bequeathing an Echofly account or digital Echo. We take these steps to protect user privacy and prevent unauthorized access.

Please note that if a Legacy Custodian is granted access to an Echo, they will be bound by these Terms and our Privacy Policy when managing or interacting with that Echo. Echofly reserves the right to deny or limit requests for post-mortem account access if we have any concerns about authenticity, legal compliance, or the wishes of the user as known to us.

We encourage users who are creating Echos for legacy purposes to communicate their wishes to family or legal representatives and to make use of any legacy planning tools we may offer. If you have specific instructions for your data or Echo after your death, you may provide them to us in writing, and we will endeavor to honor such instructions as closely as possible within the scope of our services and the law.

Users may make or update such arrangements by submitting a written request to support@echofly.ai with the subject line “Legacy Custodian Request.” The request must include the custodian’s full name, email address, and relationship to the user.

20. Miscellaneous

Entire Agreement: These Terms (along with any additional terms or policies incorporated by reference, including the Privacy Policy and any Creator program agreements or Paid Service terms you've agreed to) constitute the entire agreement between you and Echofly regarding the Services. They supersede all prior understandings or agreements (whether oral or written) regarding the same subject matter. Any other documents or conversations are not part of this agreement unless specifically referenced.

Waiver: If we do not enforce any part of these Terms, it will not be considered a waiver of our rights or provisions. For example, if we do not immediately take action on a violation of these Terms, we still have the right to do so later or in a similar situation.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of the Terms will remain in full force and effect. We can replace any invalid or unenforceable provision with a new provision that accomplishes the original business purpose.

Assignment: You may not assign or transfer these Terms (in whole or in part) or any rights or obligations hereunder to anyone else without our prior written consent (except as permitted under Section 19 above). Any attempt by you to do so without consent is void. Echofly may assign or transfer these Terms or any rights or obligations under them to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, or by operation of law or otherwise, and you hereby consent to such assignment. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

No Third-Party Beneficiaries: Except as expressly provided in these Terms (for example, the arbitration agreement's reference to affiliates as beneficiaries), there are no third-party beneficiaries to this agreement. This means that these Terms do not create rights for anyone other than you and Echofly.

Relationship of Parties: You and Echofly are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, or employment relationship between the parties.

Governing Language: These Terms are written in English, which will be the governing language of the contract. If we provide a translation for your convenience, the English version controls in the event of any conflict or ambiguity.

Notices: Echofly may provide notices to you in several ways: via email, through a posting on our website or within the Services, or through any other method we reasonably believe will reach you. You are responsible for keeping your contact information (especially your email) up to date. Official legal notices to Echofly should be sent to our designated email for legal notices: disputes@echofly.ai.

Force Majeure: Echofly will not be liable for any delay or failure in performance of the Services caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters (earthquakes, floods), war, terrorism, civil disturbances, labor strikes, acts of government, labor disputes, power or internet outages or failures, cyberattacks, pandemics, legal restrictions, and other circumstances beyond Echofly's reasonable control.

Contact Information: If you have any questions, concerns, or comments about these Terms or the Services, you can contact us at support@echofly.ai or via our support portal on the website. We value your input and will do our best to address any issues.

Thank you for reading these Terms of Service. By using Echofly, you're agreeing to these terms and helping us maintain a platform that's fair and enjoyable for everyone. Happy learning and connecting on Echofly!