Terms and Conditions

1. Definitions

2. Acceptance of Terms

By accessing or using the Service in any manner, including browsing the Site or creating an account, you affirm that you are at least 18 years old (or the age of legal majority in your jurisdiction) and capable of entering into a binding contract, and you agree to comply with and be legally bound by these Terms, our Privacy Policy, and our AUP.

3. License Grant and Scope of Use

3.1. License to Use the Service

Subject to your compliance with these Terms and your Subscription Plan (including payment of applicable fees), EchoPod grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the term of your subscription to access and use the Service solely for your internal business purposes or personal use, as applicable, to generate Output from your Input according to the functionalities provided.

3.2. License Grant for Output

Subject to your compliance with these Terms, EchoPod grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Output you generate solely for the following purposes:

• To publish the complete Output as a podcast episode on podcast distribution platforms (e.g., Spotify, Apple Podcasts, YouTube) or your own website.
• To use short audio snippets or clips derived directly from the Output solely for the purpose of promoting that specific podcast episode or series on social media or other promotional channels directly related to the podcast.

3.3. Restrictions

You agree not to, and not to permit any third party to:

• Rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the license granted herein or access to the Service to any third party (except for distributing the Output solely as permitted under Section 3.2);
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, underlying structure, ideas, know-how, or algorithms relevant to the Service, Platform, or AI Models, except to the extent expressly permitted by applicable law (and then only upon advance written notice to EchoPod);
• Modify, translate, or create derivative works based on the Service or Platform (except for the Output generated through permitted use);
• Use the Service for timesharing or service bureau purposes or otherwise for the benefit of a third party (except for allowing end-users to access the Output solely as permitted under Section 3.2);
• Remove any proprietary notices or labels from the Service or Output;
• Use the Service for purposes of competitive analysis, benchmarking, developing a competing product or service, or copying its features, functions, or user interface;
• Interfere with or disrupt the integrity or performance of the Service or its components;
• Attempt to gain unauthorized access to the Service, its related systems or networks, or other users accounts;
• Use the Service or Output in any manner that violates the Acceptable Use Policy (Section 7) or the license scope defined in Section 3.2, or any applicable laws or regulations.

4. Intellectual Property Rights

4.1. EchoPod IP

As between you and EchoPod, EchoPod owns and retains all right, title, and interest in and to the Service, including the Platform, Site, software, AI Models, documentation, aggregate data, usage data (excluding Personal Data as defined in the Privacy Policy), know-how, and all underlying technology and intellectual property rights therein worldwide ("EchoPod IP"). No rights are granted to you hereunder other than as expressly set forth herein. You agree not to challenge EchoPod's ownership of the EchoPod IP.

4.2. Your Input

As between you and EchoPod, you retain all ownership rights you have in your Input. You are solely responsible for the legality, accuracy, quality, and intellectual property ownership or right to use your Input.

4.3. License to EchoPod for Input

You hereby grant EchoPod a worldwide, non-exclusive, royalty-free, fully paid-up, transferable (in connection with a sale or transfer of the business), sublicensable license to access, use, host, store, reproduce, modify (e.g., format for processing), process, transmit, and display your Input solely for the following purposes:

• To provide, operate, maintain, and improve the Service for you (including generating the Output);
• To prevent or address service, security, or technical issues;
• As required by law or compelled by legal process;
• To develop, improve, and train our AI Models and enhance the Service generally.

4.4. Ownership of Output

Subject to your compliance with these Terms (including the AUP and payment obligations), and excluding any rights in the underlying AI Models or stock voices used, EchoPod hereby assigns to you all its right, title, and interest in and to the specific Output file(s) generated by you through the Service from your Input. However, your use of this Output is strictly subject to the license scope limitations outlined in Section 3.2 of these Terms. You acknowledge that the nature of AI means the same or similar output may be generated for other users, and your rights are only to the specific Output file you generated. The legal status and copyright eligibility of AI-generated works vary significantly across jurisdictions and depend on factors such as the level of human creative input. EchoPod makes no representation or warranty regarding the copyright eligibility or ownership status of the Output under the laws of any specific jurisdiction. You are responsible for assessing the suitability and legal status of the Output for your intended use.

4.5. AI Voice Models

The Service utilizes AI-generated voices derived from licensed stock voices (e.g., from providers like ElevenLabs) and potentially from agreements with professional voice actors. Your license to use the Output includes the right to distribute and publicly perform the audio Output incorporating these voices only as part of the generated Output file and only as permitted by Section 3.2. You do not receive any rights to the underlying AI voice models themselves, nor the right to extract, replicate, modify, or use the voice separate from the specific Output file generated through the Service. Attempting to identify or replicate the voice signature is prohibited. Custom voice cloning services, if offered by EchoPod, require a separate, explicit agreement between you and EchoPod detailing consent, rights, and usage terms.

4.6. Feedback

If you provide EchoPod with any suggestions, ideas, enhancement requests, feedback, recommendations, or other information relating to the Service ("Feedback"), you hereby grant EchoPod a worldwide, perpetual, irrevocable, royalty-free, fully paid-up license to use, incorporate, and commercially exploit such Feedback in connection with the Service and its business without restriction or compensation to you.

5. User Responsibilities and Content

5.1. Account Security

You are responsible for maintaining the confidentiality of your account login information (username and password) and for all activities that occur under your account. You agree to notify EchoPod immediately of any unauthorized use of your account or any other breach of security. EchoPod will not be liable for any loss or damage arising from your failure to comply with this section.

5.2. Your Content (Input & Output Use)

You are solely responsible for:

• Your Input, including ensuring you have all necessary rights, licenses, consents, and permissions to provide the Input to EchoPod and to allow EchoPod to use it as described in these Terms.
• Ensuring your Input does not violate the AUP (Section 7) or infringe upon any third-party rights (including copyright, trademark, patent, trade secret, privacy, publicity, or other proprietary rights).
• Your use of the Output generated by the Service. You must review the Output for accuracy and appropriateness before use. You assume all risks associated with the use of the Output, including any reliance on its accuracy or suitability for a particular purpose.
• Ensuring your use of the Output complies with the license grant in Section 3.2, the AUP, all applicable laws, regulations, ethical guidelines, and third-party rights. This includes, but is not limited to, laws related to copyright, defamation, privacy, and disclosure requirements for AI-generated content where applicable.

5.3. Representation and Warranty

You represent and warrant that you have obtained and will maintain all necessary rights, licenses, consents, and permissions for any Input you provide and for your intended use of the Output as permitted by these Terms, and that your Input and your use of the Service and Output will not violate any laws or infringe upon any third-party rights.

6. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, store, process, and disclose information about you, including Personal Data, when you use the Service, in compliance with applicable data protection laws such as the GDPR. By using the Service, you agree to the collection and use of information in accordance with our Privacy Policy. If you are subject to the EU General Data Protection Regulation (GDPR) or similar data protection laws and are processing personal data using the Service, you may need to enter into a Data Processing Addendum (DPA) with EchoPod, which may be available upon request or as part of your Subscription Plan.

7. Acceptable Use Policy (AUP)

You agree not to use, nor permit any third party to use, the Service to generate, upload, post, transmit, distribute, store, or otherwise make available any Input or Output that:

• Is illegal, fraudulent, defamatory, libelous, abusive, obscene, pornographic, profane, threatening, harassing, hateful, discriminatory (based on race, ethnicity, religion, gender, sexual orientation, disability, age, or any other protected status), offensive, or otherwise objectionable in EchoPod's reasonable discretion;
• Infringes upon or violates the intellectual property rights (including copyright, trademark, patent, trade secrets), privacy rights, publicity rights, or other proprietary rights of any third party. You must have the necessary rights to use any Input material;
• Impersonates any person or entity, falsely claims an affiliation with any person or entity, or accesses the Service accounts of others without permission, or performs any other similar fraudulent activity (e.g., "phishing");
• Constitutes or promotes misinformation, disinformation, or deceptive content, particularly in sensitive areas like health, finance, safety, or elections, unless clearly marked as satire or fiction where appropriate;
• Involves generating non-consensual sexually explicit material ("deepfakes") or content that exploits, abuses, or endangers children;
• Is intended to harass, bully, stalk, or threaten individuals or groups;
• Contains software viruses, worms, Trojan horses, or any other harmful computer code, files, scripts, agents, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• Involves scraping, data mining, or harvesting of information from the Service or its users without authorization;
• Attempts to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures without proper authorization;
• Interferes with or disrupts the Service or servers or networks connected to the Service, including by generating excessive load or utilizing the Service in a way that harms its stability, availability, or performance for other users;
• Is used to develop, train, or improve any competing artificial intelligence or machine learning models or services without the express written consent of EchoPod;
• Attempts non-consensual voice cloning or uses voice cloning features without explicit, verifiable consent from the individual whose voice is being cloned;
• Violates any applicable local, state, national, or international law, regulation, or ethical guideline;
• Violates the license scope for Output as defined in Section 3.2 of these Terms (e.g., using Output for prohibited commercial purposes);
• Facilitates any of the foregoing prohibited uses.

EchoPod reserves the right, but does not assume the obligation, to monitor Input and use of the Service for compliance with this AUP and these Terms. We may, in our sole discretion, remove any Input, suspend or block access to Output, or suspend or terminate your access to the Service immediately and without prior notice if we believe a violation of this AUP has occurred.

8. Fees and Payment

8.1. Subscription Fees

Access to certain features of the Service may require payment of subscription fees based on your selected Subscription Plan ("Subscription Fees"). All fees are quoted exclusive of applicable taxes (like VAT or sales tax), which you are responsible for paying.

8.2. Payment Terms

You agree to pay all Subscription Fees in accordance with the payment terms presented to you at the time of purchase or renewal. Typically, fees are billed in advance on a recurring and periodic basis (e.g., monthly or annually). You authorize EchoPod (or its third-party payment processor) to charge your chosen payment method.

8.3. Renewals

Your subscription will automatically renew for successive periods equal to the initial subscription term unless you cancel your subscription through your account settings or by contacting us before the end of the current subscription period.

8.4. Price Changes

EchoPod reserves the right to change its Subscription Fees upon reasonable prior notice (e.g., 30 days). Price changes will take effect at the start of the next subscription period following the date of the price change. Your continued use of the Service after the price change takes effect constitutes your agreement to pay the modified fee.

8.5. No Refunds

Subscription Fees are generally non-refundable, except as required by law or as otherwise explicitly stated by EchoPod in writing. We do not offer refunds or credits for partial months of service, plan downgrades, or unused time with an open account.

8.6. Late Payments

Late payments may bear interest at the rate of 1.5% per month or the highest rate permitted by law, whichever is lower. EchoPod may suspend or terminate your access to the Service for non-payment.

9. Term and Termination

9.1. Term

This Agreement commences on the date you first accept these Terms and continues until your subscription expires or is terminated.

9.2. Termination by You

You may terminate this Agreement and cancel your subscription at any time through your account settings or by contacting customer support. Termination will be effective at the end of your current billing cycle, and you will not receive a refund for any prepaid fees.

9.3. Termination by EchoPod

EchoPod may suspend or terminate your access to the Service and this Agreement, in whole or in part, at its sole discretion, immediately and without prior notice, if:

• You breach any material provision of these Terms, including the AUP, license scope restrictions (Section 3.2), or payment obligations;
• You engage in fraudulent, illegal, or abusive activities;
• Your use of the Service poses a security risk to EchoPod, the Service, or other users;
• We are required to do so by law or governmental authority;
• You cease business operations or become subject to insolvency proceedings;
• For prolonged inactivity or for any reason upon reasonable notice (e.g., 30 days).

9.4. Effect of Termination

Upon termination or expiration of this Agreement for any reason:

• Your license to use the Service will immediately cease.
• You must cease all use of the Service.
• EchoPod may disable your access to the Service and may delete your account and associated Input and Output data in accordance with its data retention policies (as described in the Privacy Policy), although EchoPod is not obligated to do so unless required by law. It is your responsibility to export any needed Output before termination.
• Any provisions that by their nature should survive termination will survive, including, without limitation, ownership provisions (Sections 4.1, 4.2, 4.4, 4.6), disclaimers of warranties (Section 10), limitations of liability (Section 11), indemnification (Section 12), governing law and dispute resolution (Section 14), and miscellaneous provisions (Section 15).
• You will remain liable for any unpaid fees accrued prior to termination.

10. Disclaimers of Warranties

ECHOPOD DOES NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• THE OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE FOR YOUR INTENDED PURPOSE, OR FREE FROM ERRORS OR DEFECTS;
• THE OUTPUT WILL NOT INFRINGE UPON THIRD-PARTY RIGHTS (YOU ARE RESPONSIBLE FOR CLEARING RIGHTS RELATED TO YOUR INPUT AND USE OF OUTPUT);
• THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR
• ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU ACKNOWLEDGE THAT ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING ARE RAPIDLY EVOLVING FIELDS. THE OUTPUT IS GENERATED BY AI MODELS AND MAY CONTAIN INACCURACIES, BIASES, OR UNEXPECTED RESULTS. ECHOPOD MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY OUTPUT. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE OUTPUT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability

• YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
• ANY INPUT OR OUTPUT, INCLUDING ANY ERRORS, OMISSIONS, INACCURACIES, OR INFRINGEMENT ISSUES THEREIN OR ARISING FROM THEIR USE;
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, INPUT, OR OUTPUT; OR
• ANY OTHER MATTER RELATING TO THE SERVICE.

THE LIMITATIONS IN THIS SECTION APPLY WITH RESPECT TO ALL LEGAL THEORIES, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless EchoPod, its affiliates, licensors, and their respective officers, directors, employees, contractors, agents, successors, and assigns from and against any and all claims, demands, proceedings, suits, actions, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your Input, including any claim that your Input infringes or misappropriates the intellectual property or other rights of a third party or violates applicable law;
• Your access to or use of the Service or the Output;
• Your violation of these Terms, including the AUP or the license scope restrictions in Section 3.2;
• Your violation of any applicable laws, regulations, or third-party rights (including copyright, privacy, or publicity rights) in connection with your Input or your use of the Output;
• Your negligence or willful misconduct.

EchoPod reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with EchoPod in asserting any available defenses. You may not settle any claim subject to indemnification without EchoPod's prior written consent.

13. Links to Third-Party Websites or Resources

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by EchoPod. EchoPod does not endorse and is not responsible or liable for the content, products, services, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that EchoPod shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policies of any third-party website or service that you visit.

14. Governing Law and Dispute Resolution

14.1. Governing Law

This Agreement and any disputes arising out of or related hereto shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

14.2. Jurisdiction

Any legal suit, action, or proceeding arising out of or related to this Agreement or the Service shall be instituted exclusively in the competent courts of Amsterdam, the Netherlands. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Miscellaneous

15.1. Entire Agreement

These Terms, together with the Privacy Policy, AUP, and any applicable Subscription Plan details or Order Forms, constitute the entire and exclusive understanding and agreement between EchoPod and you regarding the Service, and supersede and replace any and all prior oral or written understandings or agreements between EchoPod and you regarding the Service.

15.2. Severability

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

15.3. No Waiver

The failure of EchoPod to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of EchoPod.

15.4. Assignment

You may not assign or transfer this Agreement, by operation of law or otherwise, without EchoPod's prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and void. EchoPod may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns.

15.5. Notices

Any notices or other communications provided by EchoPod under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service or Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

15.6. Force Majeure

EchoPod shall not be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including but not limited war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials, or failures of public or private telecommunications networks.

15.7. Relationship of the Parties

The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

15.8. Contact Information

If you have any questions about these Terms or the Service, please contact EchoPod at legal@echo-pod.ai