Terms of Service

Effective Date: December 21, 2025
Version: 2025-12-21
Last Updated: December 21, 2025

Introduction

Welcome to EchoesOf! These Terms of Service ("Terms") govern your use of the EchoesOf platform ("Service," "Platform," "we," "us," or "our"). By accessing or using EchoesOf, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

1. Acceptance of Terms

1.1 Agreement

By creating an account or using the Service, you agree to:

These Terms of Service
Our Privacy Policy
Any additional guidelines or rules posted on the Platform

1.2 Changes to Terms

We may modify these Terms at any time. When we do:

We will update the "Last Updated" date
We will notify you via email or platform notification
You must acknowledge the updated Terms upon login
Continued use after changes constitutes acceptance

1.3 Age Requirement

You must be at least 18 years old to create an account. By using the Service, you represent that you meet this age requirement.

2. Account Registration

2.1 Account Creation

To use the Service, you must:

Provide accurate and complete information
Maintain the security of your password
Notify us immediately of any unauthorized access
Be responsible for all activities under your account

2.2 Account Types

Adult Accounts: For users 18 years and older
Child Accounts: Only the family owner can create accounts for children under 13 (COPPA compliance)
Teen Accounts: Accounts for teens 13-17 can be created by family owners or administrators
Family Accounts: Group accounts with designated owner and members

2.3 Child Account Requirements (COPPA Compliance)

Owner-Only Restriction:

Only the family account owner may create accounts for children under 13 years old
The family owner must be the legal parent or guardian of the child
Family administrators and other members cannot create child accounts
This ensures proper parental consent as required by federal law (COPPA)

Creating a Child Account:

When creating a child account, the family owner must:

Certify they are the child's biological parent, adoptive parent, or legal guardian
Explicitly consent to the collection and use of the child's information
Acknowledge the Privacy Policy and these Terms of Service
Understand they retain full control over the child's account

If You Are Not the Owner:

Contact the family owner to create the child account
Contact support@echoesof.life for assistance
For emergency situations, contact support for manual verification

2.4 Account Responsibility

You are responsible for:

Keeping your account information current
All content uploaded or shared through your account
Compliance with these Terms by all users on your family account
As family owner: All child accounts created under your family account

3. Acceptable Use

3.1 Permitted Uses

You may use the Service to:

Create and share family recordings (audio, video, photos, documents)
Organize and preserve family memories
Share content with designated family members
Access content shared with you

3.2 Prohibited Activities

You may NOT:

Violate any laws or regulations
Infringe intellectual property rights
Upload malicious code or viruses
Harass, abuse, or harm others
Impersonate another person or entity
Collect or store personal information of others without consent
Use the Service for commercial purposes without authorization
Attempt to gain unauthorized access to the Platform
Interfere with or disrupt the Service
Upload content containing:
- Illegal material
- Hate speech or discrimination
- Graphic violence
- Adult content (sexually explicit material)
- Private information of others without consent

3.3 Content Guidelines

All uploaded content must:

Comply with applicable laws
Respect intellectual property rights
Be appropriate for a family-oriented platform
Not violate the privacy of others

4. Content Ownership and License

4.1 Your Content

You retain all ownership rights to the content you upload ("Your Content"). By uploading content, you represent that:

You own or have the right to upload the content
The content does not violate any third-party rights
The content complies with these Terms

4.2 License to EchoesOf

By uploading content, you grant us a limited license to:

Store and process your content on our servers
Display your content to family members you've designated
Create backups and derivative formats (e.g., video transcoding)
Use your content to provide and improve the Service

This license:

Is non-exclusive (you keep your rights)
Is worldwide (to serve you anywhere)
Expires when you delete the content
Does not give us the right to sell or commercialize your content

4.3 Content Removal

We reserve the right to remove content that:

Violates these Terms
Infringes on third-party rights
Poses a security or legal risk
Is reported by other users

5. Privacy and Data Protection

5.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

5.2 Data Collection

We collect and process data as described in our Privacy Policy.

5.3 Third-Party Services

The Service uses third-party providers:

Amazon Web Services (AWS): Cloud storage and hosting
CloudFront: Content delivery network
Email Service Providers: For notifications and communications

6. Subscription and Payment

6.1 Free Tier

We offer a free tier with limited features and storage.

6.2 Paid Subscriptions

Paid subscriptions offer:

Increased storage capacity
Advanced features
Priority support

6.3 Billing

Subscriptions are billed monthly or annually
Prices are in U.S. Dollars (USD)
All sales are final (no refunds except as required by law)
You authorize us to charge your payment method on a recurring basis

6.4 Subscription Changes

You may:

Upgrade or downgrade your subscription at any time
Cancel your subscription (access continues until end of billing period)
Changes take effect at the start of the next billing cycle

6.5 Price Changes

We may change subscription prices with 30 days' notice. Continued use after price change constitutes acceptance.

7. Service Availability

7.1 Uptime

We strive to keep the Service available 24/7, but we do not guarantee uninterrupted access.

7.2 Maintenance

We may perform scheduled maintenance with advance notice when possible.

7.3 Service Modifications

We reserve the right to:

Modify or discontinue features
Change the Service at any time
Suspend the Service temporarily for technical reasons

7.4 No Warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

8. Intellectual Property

8.1 EchoesOf Property

The Service, including its design, features, and software, is owned by EchoesOf and protected by:

Copyright laws
Trademark laws
Other intellectual property rights

8.2 Trademarks

"EchoesOf" and our logo are trademarks. You may not use them without our written permission.

8.3 Feedback

If you provide feedback or suggestions, we may use them without obligation to you.

9. DMCA and Copyright

9.1 Copyright Policy

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA).

9.2 Copyright Infringement Claims

To report copyright infringement, contact: Email: dmca@echoesof.life

Include:

Identification of the copyrighted work
Location of the infringing material
Your contact information
Statement of good faith belief
Statement under penalty of perjury
Physical or electronic signature

9.3 Counter-Notices

If your content was removed, you may file a counter-notice as provided under DMCA.

10. Account Termination

10.1 Your Right to Terminate

You may delete your account at any time through account settings.

10.2 Our Right to Terminate

We may suspend or terminate your account if:

You violate these Terms
Your account is inactive for an extended period
Required by law
At our discretion for legitimate business reasons

10.3 Effect of Termination

Upon termination:

Your access to the Service ends immediately
Your content will be soft-deleted (retained for 3 years)
After 3 years, content is permanently deleted
Subscription fees are non-refundable

11. Limitation of Liability

11.1 No Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR:

Indirect, incidental, or consequential damages
Loss of profits, data, or goodwill
Service interruptions or errors
Third-party actions

11.2 Liability Cap

OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS (OR $100 IF YOU PAID NOTHING).

11.3 Exclusions

Some jurisdictions do not allow limitation of liability for certain damages. In such cases, our liability is limited to the fullest extent permitted by law.

12. Indemnification

You agree to indemnify and hold harmless EchoesOf, its officers, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from:

Your use of the Service
Your violation of these Terms
Your content or activities
Your violation of third-party rights

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of [State TBD], United States, without regard to conflict of law provisions.

13.2 Arbitration

PLEASE READ THIS SECTION CAREFULLY.

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration, not in court, except as follows:

Exceptions to Arbitration:

Small claims court disputes
Intellectual property disputes
Requests for injunctive relief

Arbitration Rules:

Conducted by the American Arbitration Association (AAA)
AAA's Consumer Arbitration Rules apply
One arbitrator will decide the dispute
Arbitration is in [Location TBD]
Each party pays their own costs

13.3 Class Action Waiver

You agree that disputes will be resolved individually, not as a class action or collective proceeding.

13.4 Opt-Out

You may opt out of arbitration by sending written notice within 30 days of accepting these Terms to: legal@echoesof.life

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and EchoesOf.

14.2 Severability

If any provision of these Terms is found invalid, the remaining provisions continue in effect.

14.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver.

14.4 Assignment

You may not assign these Terms. We may assign these Terms to a successor in connection with a business transfer.

14.5 Force Majeure

We are not liable for delays or failures due to causes beyond our reasonable control.

14.6 Notices

Notices to you may be sent via email or platform notification. Notices to us should be sent to: legal@echoesof.life

15. Beta Features

15.1 Beta Testing

We may offer beta features marked as "beta," "preview," or similar designations.

15.2 Beta Terms

Beta features:

Are provided "as is" without warranty
May be unstable or incomplete
May be modified or discontinued at any time
Should not be relied upon for production use

16. Export Controls

You agree to comply with all applicable export laws and regulations. You may not use the Service if you are in a country subject to U.S. embargo or on a U.S. government restricted party list.

17. Mobile Applications

If you access the Service via a mobile app:

These Terms apply to app usage
You comply with applicable app store terms
We are not responsible for app store policies
Updates may be required for continued use

18. Contact Information

For questions about these Terms:

Email: legal@echoesof.life
Mail: EchoesOf Legal Team, [Address TBD]
Phone: [Phone TBD]

19. Parental Controls and Child Safety

19.1 Family Owner Responsibilities

Child Accounts (Under 13):

As the family account owner, you are the designated legal parent or guardian responsible for:

Account Creation: You are the only person who can create accounts for children under 13
Parental Consent: You provide verifiable parental consent as required by COPPA
Account Management: You have full control over all child accounts in your family
Content Monitoring: You are responsible for monitoring content children upload or access
Privacy Settings: You control sharing permissions and privacy settings for child accounts
Account Deletion: You can delete child accounts at any time

Your Legal Certification:

When creating a child account, you certify that:

You are the child's biological parent, adoptive parent, or legal guardian
You have legal authority to consent to the child's use of the Service
You consent to the collection and use of the child's information as described in our Privacy Policy
You understand your rights and responsibilities as described in these Terms

Teen Accounts (13-17):

For teen accounts:

Can be created by family owners or administrators
COPPA does not apply (children 13+ are not covered)
Owner still responsible for monitoring and managing teen accounts
Teens may have different privacy settings than younger children

19.2 Parental Rights and Controls

What You Can Do:

View Data: Access all information collected about your child
Export Data: Download your child's information in JSON or CSV format
Modify Data: Update or correct your child's profile information
Delete Account: Remove your child's account at any time
Control Sharing: Set which family members can view your child's content
Revoke Consent: Delete the child's account to revoke consent
Contact Support: Get help with any child account issues at privacy@echoesof.life

How to Exercise Your Rights:

Through your family account settings
Via email: privacy@echoesof.life
Response time: Within 10 business days

19.3 Child Safety Features

We provide tools and safeguards to protect children:

Account Security:

Age verification during account creation
Owner-only child account creation (prevents unauthorized accounts)
Enhanced monitoring of child accounts
Automatic logout after inactivity

Content Controls:

Restrict content access for supervised accounts
Control sharing permissions per child
Monitor account activity and access logs
Family-only sharing (no public profiles)

Privacy Protections:

No email accounts for children under 13
No marketing to children
No public searchability of child profiles
Enhanced data security measures

19.4 Prohibited Activities with Child Accounts