Terms of Service

1. Introduction

Welcome to EchoAgain (“EchoAgain,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of our website, applications, software, and related services (collectively, the “Service”).

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must stop using the Service immediately.

2. Description of Service & AI/Health Disclaimer

EchoAgain provides an AI-powered voice generation platform that allows users to create synthetic voice models and audio (“Output Content”) derived from uploaded voice recordings (“Input Data”).

2.1 AI Limitations

You acknowledge that:

• AI-generated output is a simulation, not an actual human voice.
• EchoAgain cannot guarantee the accuracy, realism, emotional likeness, or suitability of any Output Content.
• Output Content may contain artifacts, inaccuracies, or unexpected elements inherent to AI processes.
• You will not rely on Output Content as factual or representative of an individual’s real statements or beliefs.

2.2 Not Professional Advice

The Service does not provide medical, psychological, therapeutic, counseling, legal, or professional advice of any kind.

2.3 Emotional Health & Safety

You acknowledge that interacting with AI-generated voices of deceased individuals can be an emotionally intense experience. You agree that:

• You are using this Service voluntarily and at your own emotional risk.
• The Service is not intended to replace grief counseling, therapy, or professional mental health support.
• If you or any other listener feels distressed, anxious, or experiences a mental health crisis while using the Service, you will stop using it immediately and seek professional help.
• EchoAgain is not liable for any triggering of trauma, prolonged grief disorder, or psychological distress resulting from the use of the Service.

3. Eligibility & Account Registration

To use the Service, you must be at least 18 years old or the age of majority in your jurisdiction.

You agree to:

1. Provide accurate, current account information.
2. Maintain the confidentiality of your login credentials.
3. Accept responsibility for all activity occurring under your account.

4. Consent, Authority & Rights to Use Input Data

By uploading Input Data, creating voice models, or generating Output Content, you represent and warrant the following:

4.1 Deceased Individuals & Post-Mortem Rights

If the Input Data belongs to a deceased individual:

• You represent that you are the legal next of kin or the executor of the estate; OR
• You possess written authorization from the estate or lawful rightsholders to create a digital simulation of the individual’s voice.
• Digital Replica Compliance: You acknowledge that post-mortem rights of publicity and "digital replica" laws vary by jurisdiction (including but not limited to the Tennessee ELVIS Act, New York Civil Rights Law § 50-f, and California Civil Code § 3344.1). You explicitly represent that your use of the Input Data does not violate any such legislation regarding digital replicas of deceased personalities.

4.2 Living Individuals

If the Input Data belongs to a living individual:

• You are that individual; OR
• You have obtained explicit, written, informed consent from them permitting voice cloning and synthetic audio generation.

4.3 Copyright & Licenses

You affirm that:

• You own or control all rights to the Input Data.
• You have the right to grant EchoAgain permission to process it.
• Your use does not violate any privacy, publicity, copyright, trademark, or other rights.

4.4 Documentation & Verification

EchoAgain may request documentation at any time, including proof of death, proof of relationship/executor status, or proof of consent. Failure to provide documentation may result in immediate suspension or termination.

4.5 Third-Party Disputes

EchoAgain acts as a neutral technology provider. We do not adjudicate disputes regarding the rights to a deceased individual’s voice or likeness between family members, estates, or third parties. In the event EchoAgain receives a notice of dispute or a conflicting claim of ownership/authority (e.g., from an executor or other family member), we reserve the right to immediately suspend access to the specific Voice Model and Output Content pending a resolution agreed upon by all parties or a court order.

5. Prohibited Uses

You agree not to use the Service to:

• Impersonate a real person without lawful authority or permission.
• Commit or facilitate fraud, social engineering, scams, extortion, impersonation, or identity theft.
• Create voices of celebrities, public figures, or politicians without legal rights.
• Create Output Content that constitutes hate speech, defamation, threats, harassment, or sexually explicit content.
• Fabricate evidence or use Output Content in legal proceedings.
• Violate the FTC “Impersonation Rule,” consumer protection laws, or any applicable regulations.
• Reverse engineer, extract, or attempt to access EchoAgain’s model architecture, training data, or proprietary systems.

Monitoring and Enforcement: EchoAgain reserves the right to investigate misuse. While we do not proactively monitor all content, we reserve the right to review Input Data and Output Content to investigate alleged violations of these Terms. We may notify relevant authorities if legally required.

6. Intellectual Property Rights

6.1 Your Rights

You retain ownership of your Input Data and the specific audio files generated as Output Content.

6.2 License Granted to EchoAgain

To operate and improve the Service, you grant EchoAgain a non-exclusive, worldwide, royalty-free license to:

• Store, process, and transform Input Data.
• Generate Output Content at your request.
• Maintain account functionality and technical operations.

This license is limited solely to providing and improving the Service. We do not sell your Input Data.

6.3 EchoAgain’s Rights

All intellectual property associated with the Service—including but not limited to the software, user interface, AI models, algorithms, voice synthesis technologies, and platform design—remains the exclusive property of EchoAgain. For clarity, while you retain rights to your specific Input Data, the underlying AI models and the technical parameters used to render the voice remain the intellectual property of EchoAgain.

7. Biometric & Sensitive Data Disclaimer

EchoAgain does not use Input Data or Output Content as biometric identifiers for identity verification. You acknowledge and agree not to use Output Content for identity validation, as evidence of real statements, or as a biometric security bypass method.

8. DMCA & Content Removal

EchoAgain complies with the Digital Millennium Copyright Act (DMCA). If we receive a valid takedown request, we may remove or disable access to the disputed content.

9. Termination & Data Retention

9.1 Termination

EchoAgain may suspend or terminate your account or access to the Service at any time, with or without cause, including but not limited to violation of these Terms, suspicious activity, or failure to provide proof of consent/authority.

9.2 Effect of Termination

Upon termination, your right to use the Service will immediately cease.

9.3 Data Retention

EchoAgain is not a permanent archive. Upon termination of your account or cessation of subscription payments, EchoAgain reserves the right to delete all Input Data, Voice Models, and Output Content after a grace period of 30 days. We have no obligation to store data indefinitely.

10. Fees and Refunds

Certain aspects of the Service may be provided for a fee. All fees are non-refundable unless otherwise stated in writing by EchoAgain.

11. Limitation of Liability

To the fullest extent permitted by law, EchoAgain shall not be liable for:

• Indirect, incidental, special, punitive, or consequential damages.
• Loss of profits, data, goodwill, or business opportunities.
• Emotional distress, grief, trauma, or psychological harm related to use of the Service.
• Inaccuracies or issues with AI-generated output.
• Unauthorized access to your account or data.
• Service downtime or data loss.

Total liability for any claim shall not exceed the total amount you paid to EchoAgain in the 12 months prior to the event giving rise to liability.

12. Indemnification

You agree to defend, indemnify, and hold harmless EchoAgain, its officers, employees, contractors, and affiliates from any claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from:

• Your use of the Service.
• Your Input Data or Output Content.
• Your violation of these Terms.
• Your infringement of any privacy, publicity, copyright, or legal rights of others.

13. Disclaimer of Warranties

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. EchoAgain disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and accuracy. We do not guarantee uninterrupted or error-free operation.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the state or federal courts located in, or having jurisdiction over, Sheridan County, Wyoming, and the parties hereby consent to personal jurisdiction and venue therein.

15. Dispute Resolution & Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through binding arbitration, conducted remotely (via online platform or video conference) by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA).

You and EchoAgain expressly waive:

• The right to a jury trial.
• The right to participate in a class action, collective action, or representative action.

Judgment on the arbitration award may be entered in any court of competent jurisdiction.

16. General Provisions

• Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
• Export Controls: You agree to comply with all U.S. or other export and re-export control laws. You represent that you are not located in a country subject to a U.S. government embargo or listed on any U.S. government list of prohibited or restricted parties.
• Assignment: You may not assign these Terms without EchoAgain’s prior written consent. EchoAgain may assign these Terms without restriction.

17. Changes to Terms

We may update these Terms at any time. Material changes will be communicated via email or platform notice. Continued use of the Service constitutes acceptance of the updated Terms.

18. Contact Information

For legal or support inquiries: Email: [email protected]