Terms of Service

Last Updated: November 6, 2024

1. Acceptance of Terms

Welcome to EchoTavern. These Terms of Service ("Terms") govern your access to and use of EchoTavern's AI character voice chat application, website, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use the Service. We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

EchoTavern is an AI-powered platform that enables users to:

  • Engage in real-time voice conversations with AI characters
  • Create, customize, and share AI character profiles
  • Use text-to-speech and speech-to-text technologies
  • Create custom voices for AI characters
  • Access community-created characters
  • Subscribe to premium features and capabilities

The Service uses artificial intelligence and machine learning technologies to generate responses and simulate conversations. AI-generated content may not always be accurate, appropriate, or reliable.

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least 18 years old to use EchoTavern. By using the Service, you represent and warrant that you are 18 years of age or older. We do not knowingly collect information from or direct any of our content to anyone under the age of 18.

3.2 Account Creation

To access certain features, you must create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized access or security breach

3.3 Account Termination

You may terminate your account at any time through the app settings. We reserve the right to suspend or terminate your account for violations of these Terms or for any other reason at our sole discretion.

4. Subscription Plans and Billing

4.1 Free and Premium Tiers

EchoTavern offers both free and premium subscription plans:

  • Free Plan: Limited access to features with usage restrictions
  • Premium Plan ($14.99/month): High voice chat limits and increased image generation
  • Ultra Plan ($39.99/month): Unlimited access and early access to new features

4.2 Billing and Payments

  • Subscriptions are billed monthly or annually as selected
  • All payments are processed securely through Stripe
  • You authorize us to charge your payment method for all subscription fees
  • Prices are subject to change with 30 days' notice
  • All fees are non-refundable except as required by law

4.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period.

4.4 Refund Policy

We generally do not provide refunds for subscription fees. However, we may provide refunds on a case-by-case basis for technical issues or billing errors. Contact support@echotavern.ai to request a refund review.

5. User Content and Conduct

5.1 User-Generated Content

You may create and upload content including AI character profiles, descriptions, prompts, images, and voice samples ("User Content"). You retain ownership of your User Content, but grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content to operate and improve the Service.

5.2 Content Standards

You agree that all User Content you submit will:

  • Comply with all applicable laws and regulations
  • Not infringe upon any third-party rights (copyright, trademark, privacy, etc.)
  • Not contain malware, viruses, or harmful code
  • Not be used to impersonate others or misrepresent your affiliation
  • Not harass, threaten, or harm others

5.3 Prohibited Content

You may not create, upload, or share content that:

  • Depicts or promotes illegal activities
  • Contains child sexual abuse material (CSAM) or content involving minors
  • Promotes violence, terrorism, or hate speech
  • Violates intellectual property rights
  • Contains personally identifiable information of others without consent
  • Attempts to deceive, defraud, or phish users

5.4 NSFW Content

EchoTavern allows mature (NSFW) content for users who verify they are 18 or older. NSFW content must:

  • Be properly tagged and only accessible to verified adult users
  • Comply with all applicable laws
  • Not involve minors or non-consensual acts
  • Not violate our content policies

5.5 Public vs. Private Content

Characters marked as "public" are visible to all users. Characters marked as "private" are only accessible to you. We reserve the right to review public content for compliance with these Terms.

5.6 Content Moderation

We reserve the right to remove, modify, or refuse to display any User Content that violates these Terms or for any other reason at our sole discretion. We may, but are not obligated to, monitor or review User Content.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service, including its design, features, functionality, software, and content (excluding User Content), is owned by EchoTavern and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

6.2 Trademarks

"EchoTavern" and associated logos are trademarks of EchoTavern. You may not use our trademarks without prior written consent.

6.3 AI-Generated Content

AI-generated responses and voice outputs are provided as-is. While you may use AI-generated content from your conversations, we make no claims of copyright ownership over such content. You are responsible for ensuring your use of AI-generated content complies with applicable laws.

6.4 Copyright Infringement

We respect intellectual property rights. If you believe your copyright has been infringed, contact us at copyright@echotavern.ai with:

  • Description of the copyrighted work
  • Location of the infringing material
  • Your contact information
  • A statement of good faith belief and accuracy
  • Your physical or electronic signature

7. Acceptable Use and Restrictions

You agree not to:

  • Use the Service for any illegal purpose or in violation of any laws
  • Attempt to gain unauthorized access to our systems or networks
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Use automated tools (bots, scrapers) without permission
  • Interfere with or disrupt the Service or servers
  • Circumvent usage limits or access controls
  • Share your account credentials with others
  • Resell or redistribute the Service without authorization
  • Collect personal information of other users
  • Use the Service to train competing AI models

8. Voice Data and Custom Voices

8.1 Voice Recording Consent

By using voice features, you consent to the recording and processing of your voice for real-time conversation purposes. Voice data is processed but not permanently stored unless you explicitly save it.

8.2 Custom Voice Creation

When creating custom voices, you warrant that:

  • You have the right to use the voice samples you upload
  • Voice samples are your own voice or you have explicit permission
  • You will not create voices that impersonate others without consent
  • Custom voices will not be used for illegal or fraudulent purposes

8.3 Voice Cloning Restrictions

Voice cloning technology must not be used to:

  • Impersonate public figures, celebrities, or other individuals without consent
  • Create deepfakes or misleading audio content
  • Commit fraud or identity theft
  • Violate rights of publicity or privacy

9. Disclaimers and Limitations of Liability

9.1 Service Provided "As-Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

9.2 AI-Generated Content Disclaimer

AI-generated responses are created by algorithms and may be inaccurate, inappropriate, offensive, or unreliable. We do not endorse, verify, or take responsibility for AI-generated content. You use AI-generated content at your own risk.

9.3 No Professional Advice

The Service is for entertainment and informational purposes only. It does not provide professional advice (medical, legal, financial, etc.). Do not rely on AI-generated content for professional decisions.

9.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECHOTAVERN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

9.5 Third-Party Content

The Service may contain links to third-party websites or integrate with third-party services. We are not responsible for the content, accuracy, or practices of third-party services.

10. Indemnification

You agree to indemnify, defend, and hold harmless EchoTavern, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your User Content
  • Your violation of these Terms
  • Your violation of any rights of third parties
  • Your violation of applicable laws

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@echotavern.ai to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith for at least 30 days.

11.2 Binding Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration rather than in court, except for disputes that qualify for small claims court. Arbitration will be conducted by a neutral arbitrator in accordance with applicable arbitration rules.

11.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis. You waive any right to participate in class actions, class arbitrations, or representative actions.

11.4 Governing Law

These Terms are governed by the laws of the jurisdiction where EchoTavern is established, without regard to conflict of law principles.

12. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for:

  • Violation of these Terms
  • Illegal or fraudulent activity
  • Abuse or misuse of the Service
  • Extended periods of inactivity
  • Any reason at our sole discretion

Upon termination, your right to use the Service ceases immediately. We may delete your account and User Content, though some information may be retained as required by law or for legitimate business purposes.

13. Changes to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

14. Miscellaneous

14.1 Entire Agreement

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

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, or technical failures.

15. Contact Information

For questions about these Terms of Service, please contact us:

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