Ekko – Terms of Service
Last Updated: June 14 2025
1. Acceptance of Terms
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING EKKO’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND EKKO’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 12, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND EKKO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. Your rights will be determined by a neutral arbitrator, not a judge or jury.
This Terms and Conditions (“Terms”) agreement is a legally binding contract between you (the user of Ekko) and echoEQ.ai LLC. (“Ekko,” “we,” “us,” or “our”). These Terms govern your access to and use of the Ekko mobile application, website, and related services (collectively, the “Service”). By creating an account or using Ekko, you confirm that you have read, understood, and agree to these Terms in full. If you do not agree, you must not use the Service. We may update these Terms from time to time; we will notify you of material changes (for example, by updating the “Last Updated” date or via in-app notice). Continuing to use Ekko after changes to the Terms means you accept the revised Terms.
2. Eligibility and User Accounts
2.1 Age Requirement: You must be 18 years or older to use Ekko. By using the Service, you represent that you are at least 18 (or the age of legal majority in your jurisdiction) and are legally capable of entering into this agreement. Ekko is not intended for use by minors.
2.2 Account Registration: To access features, you may need to create an account with a valid email and password (or via an approved OAuth login). You agree to provide truthful, current information during registration and to keep it updated. Each user may only create one account and must not impersonate anyone or provide false details.
2.3 Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately at [Ekko support email] of any unauthorized use or security breach. We are not liable for any loss or damage arising from your failure to safeguard your account. Ekko reserves the right to reclaim or ask you to change your username if it is inappropriate, misleading, or violates someone’s rights.
3. Services and Beta Disclaimer
3.1 Service Description: Ekko is an AI-powered dating coach that analyzes real-world conversations (including voice recordings and text/image uploads such as screenshots of chats) to provide insights into communication styles, compatibility, and emotional cues. The Service may include AI-generated suggestions, analysis, or “scores” regarding your interactions.
3.2 Beta Status: You acknowledge that Ekko is in a closed beta phase. Features are provided on an experimental basis and may have bugs or undergo changes. We do not guarantee that any feature or insight is final or error-free. We appreciate user feedback to improve Ekko, but offer no guarantee that the Service will meet your expectations or that any particular outcome (e.g., success in relationships) will result from using the coach.
3.3 Changes and Interruptions: Ekko may add, remove, or modify features of the Service at any time. We may also temporarily suspend the Service for maintenance or improvements. You understand that service interruptions or changes may occur and Ekko shall not be liable for any inconvenience or loss of data during such times. We have no obligation to maintain specific content or keep the Service running in any particular way, and we may discontinue the Service (or any part of it) at our discretion with or without notice.
4. User Content and Conduct
This section covers the content you provide to Ekko (your “User Content”) and the rules for using the Service.
4.1 Types of User Content: Using Ekko may involve uploading or recording content such as audio of conversations, text messages or chat screenshots, and personal notes or reflections. You retain ownership of your User Content – Ekko does not claim ownership of the actual conversations or media you submit. However, by providing User Content, you give us certain permissions to process it as described below.
4.2 License to Ekko: You grant Ekko a non-exclusive, worldwide, royalty-free license to host, store, use, reproduce, and process your User Content for the purposes of providing and improving the Service. This license enables us to, for example, transcribe voice recordings, analyze conversation text with our AI models, and display results to you. We will not use your content for any unrelated commercial purposes without your further consent.
4.3 User Responsibilities and Warranties: When you upload or record any content, you represent and warrant that: (a) you have all necessary rights to do so and to grant Ekko the rights described here; (b) your content does not infringe or violate the intellectual property, privacy, publicity, or other rights of any third party; and (c) your content and use of the Service comply with all applicable laws. In particular, if your content includes any other person’s voice, image, name, or personal information, you must have that person’s permission to record or share that content with Ekko. You are solely responsible for the content you contribute and for ensuring that recording or sharing it with Ekko is lawful in your jurisdiction (see “Consent for Recordings” below).
4.4 Consent for Recordings: Before recording a conversation, you must comply with any consent laws that apply. Some jurisdictions require all parties to consent to being recorded. Ekko expects you to obtain clear permission from your conversation partner(s) before using Ekko to record or analyze a conversation. You acknowledge that Ekko provides tools for you to record or transcribe conversations, but we do not monitor or verify consent – this legal obligation is on you. If someone else’s voice or messages are part of the content you upload, make sure you have their consent or a lawful basis to do so. Do not use Ekko to secretly record anyone. If we receive a credible complaint that you are using the Service to violate privacy or eavesdropping laws, we may terminate or suspend your account.
4.5 Prohibited Content and Activities: You agree not to use Ekko (or allow anyone else using your account) to engage in any of the following Prohibited Activities:
We reserve the right to review, flag, or remove any User Content that we believe, in our sole discretion, violates these Terms or that may harm our community or systems. We may also suspend or terminate your access for any violations (see “Termination” below). However, we are not obligated to monitor content, and you remain responsible for what you provide.
4.6 User Interactions: (Note: Currently, Ekko does not offer direct messaging between users or any social networking features. In the future, if such features are added, we will update this section with relevant guidelines. For now, your primary interactions are with the AI service and content you upload about your own communications.)
4.5 Miscellaneous: You further represent that you have not been previously suspended or removed from using the Service.
5. Privacy and Data Handling
5.1 Privacy Policy: Please review our Privacy Policy (available at https://echoeq.ai/privacy) to understand how we collect, use, and protect your personal data. By using Ekko, you acknowledge that you have read the Privacy Policy. These Terms cover the usage rules, whereas the Privacy Policy covers personal data practices. Ekko uses a GDPR compliant infrastructure and takes data protection seriously.
5.2 Data Processing and Storage: When you use Ekko, your recordings and uploads will be processed by our AI systems, which may include secure cloud service providers. We take measures to pseudonymize or encrypt personal data where feasible. Audio recordings may be transcribed by language models to generate text for analysis. By using the Service, you give us consent to process your data in this manner. All processing will be in line with our Privacy Policy and applicable law.
5.3 Data Retention and Deletion: Ekko’s policy is to retain user conversation data only as long as necessary to provide the analysis and related features to you. In general, raw voice recordings are deleted shortly after analysis is complete. The AI-generated analysis or insights may be stored in your account for your reference, but you can delete those at any time. We also give users control to delete their accounts and associated data. You may delete your Ekko account via the app settings or by contacting customer support, and upon such request we will delete your personal data and content (except for any data we are required to keep for legal compliance or legitimate business purposes, which will be handled per our Privacy Policy). Keep in mind that deletion is permanent; we will not be able to recover your conversation data once it’s removed from our servers.
5.4 Data for Improvement (Machine Learning): To continually improve Ekko’s AI coaching ability, we may use anonymized or aggregated data derived from user conversations and feedback. This means our system might learn from patterns across many users’ interactions to refine its advice. However, we will not publicly disclose your personal conversation content. Any use of data for AI training will exclude personally identifiable information or will be subject to strict confidentiality obligations. If we ever want to use your identifiable content (e.g., a specific conversation snippet) for something like marketing or research, we would seek your explicit consent.
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5.5 Confidentiality of Your Content: We understand your conversations can be sensitive. We will not intentionally share your raw conversation data with other users or third parties without your permission, except as needed to operate the Service (for example, cloud transcription or if required by law). While we implement security measures to protect your data, you acknowledge that no system is 100% secure. Use caution when deciding what to upload or analyze with Ekko. We are not responsible for any third-party interception or misuse of data if you choose to share results outside the app.
6. Subscription, Fees, and Payment Terms
6.1 Subscription Service: Ekko is offered as a subscription-based service. Some basic functionality may be free during the beta, but full access (or continued use after beta) will require a paid subscription. By subscribing, you obtain access to Ekko’s premium AI analysis features for the duration of your subscription term (e.g., monthly or annually).
6.2 Billing and Auto-Renewal: Payment will be charged on a [monthly/annual] recurring basis via the app store platform or payment method you selected. Ekko utilizes third-party payment processors (e.g. Apple App Store, Google Play, or Stripe) to handle transactions. You must provide current, accurate payment information, and you authorize Ekko (or its payment processor) to charge your chosen payment method for the subscription fees and any applicable taxes. Subscriptions automatically renew at the end of each term (billing cycle) by charging the same payment method, unless you cancel beforehand. For example, if you purchase a monthly subscription on January 10, it will renew on the 10th of each subsequent month.
6.3 Free Trials and Promotions: If we offer a free trial or introductory offer, it will begin when you activate it and convert to a paid subscription at the end of the trial period unless you cancel before that date. You are limited to one free trial unless otherwise stated. We reserve the right to modify or end trial offers at our discretion.
6.4 Cancellation: You can cancel your Ekko subscription at any time. If you subscribed through the Apple App Store or Google Play Store, you must cancel through your App Store account settings. (For Apple: go to your Apple ID Subscriptions and cancel Ekko; for Google: Google Play Subscriptions settings.) If you subscribed on our website (using Stripe/credit card), you can cancel via your account billing settings or by contacting Ekko support. Please note: Cancellation takes effect at the next billing cycle. You will retain access to paid features until the current paid term ends, and then your subscription will not renew. We do not retroactively refund subscription fees for the remainder of the term after cancellation, except where required by law or stated otherwise.
6.5 No Refunds Policy: In general, all charges are non-refundable, and there are no prorated refunds for unused portions of your subscription term. This means if you cancel mid-term, you will not receive a refund for the remaining days of the subscription. Exceptions: we will honor any refund requirements under applicable law (for instance, certain jurisdictions allow consumers to cancel a service and get a refund within a short “cooling-off” period). If you believe you are entitled to a refund or have extraordinary circumstances (e.g., you were charged after you already canceled timely, or you experienced technical issues with Ekko), please contact us at [billing support email], and we will review requests on a case-by-case basis. Any approved refunds will be issued via the original payment method when possible.
6.6 Price Changes: Ekko’s subscription pricing may change over time. We will notify you in advance (for example, via email or in-app notice) if we plan to change the renewal price of your subscription. If you do
not agree to a price change, you may cancel before the new price takes effect. Continuing to use the Service after the price change constitutes acceptance of the new fees.
6.7 Payment Issues: If a payment fails (e.g., your credit card expires or charge is declined), we may attempt to retry billing. If we cannot collect payment, we reserve the right to suspend or terminate your access to paid features. You are responsible for any fees or charges your payment provider may impose for processing your subscription payment.
7. Intellectual Property
7.1 Our Intellectual Property: Ekko and its content are protected by copyright, trademark, and other intellectual property laws. We (and our licensors) retain all rights, title, and interest in the Service, including the software, algorithms, design, logos, brand names, and content provided by Ekko. Nothing in these Terms transfers any of our intellectual property rights to you. You are granted a limited, revocable license to use Ekko for your personal, non-commercial use in accordance with these Terms. You may not copy, distribute, modify, or create derivative works of our content without our express permission.
7.2 Your Feedback: If you choose to give suggestions, ideas, or feedback to Ekko (e.g., about new features or improvements), you agree that we can use and implement that feedback without restriction or compensation to you. Feedback is entirely voluntary, and we may use it to enhance the Service.
8. Disclaimers of Warranties
8.1 “As-Is” Service: Ekko is provided “AS IS” and “AS AVAILABLE”, without warranties of any kind. While we strive to provide a useful and reliable service, we do not guarantee that Ekko will be 100% accurate, effective, uninterrupted, or error-free. Use of the Service (including any AI-generated advice or analysis) is at your own risk.
8.2 No Guarantee of Results: You understand that any dating or relationship advice provided by the AI coach is generated by algorithms and is for informational and self-improvement purposes. Ekko’s insights or “scores” are not predictions or guarantees regarding your relationships. No information obtained from Ekko is intended as professional counseling. For important personal decisions or serious relationship issues, you should consider seeking advice from qualified professionals. Ekko’s feedback is meant to help you reflect, but you are solely responsible for how you interpret and use it. We make no warranty that using Ekko will improve your dating life, result in successful relationships, or be suitable for your specific situation.
8.3 Other Disclaimed Warranties: To the fullest extent allowed by law, we disclaim all warranties, express or implied, regarding Ekko and its content. This includes but is not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that: (a) the Service will meet your requirements or expectations; (b) the analysis or content provided will be accurate or reliable; (c) any communication with your coach (AI) will be confidential (though we do our best to secure your data); (d) the Service will always be available or free from delays, downtimes, or data loss; or (e) any errors or defects in the Service will be corrected.
8.4 Third-Party Services: Ekko may integrate or use third-party services (for example, for transcription, cloud storage, or analytical tools). We are not responsible for any acts or omissions of third parties. Any third-party content or links provided through Ekko are for convenience; we do not endorse and are not liable for third-party websites or services. Your dealings with third-party service providers are solely between you and them, under their terms.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, our warranties are limited to the minimum scope permitted by law.
9. Limitation of Liability
9.1 Indirect Damages: To the maximum extent permitted by law, Ekko (and its parent, affiliates, officers, employees, agents, partners, and licensors) will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of (or inability to use) the Service. This includes, without limitation, damages for lost profits or revenues, loss of data, loss of privacy, emotional distress, or any other intangible losses, even if we have been advised of the possibility of such damages.
9.2 Cap on Liability: In no event will Ekko’s total cumulative liability for any claims arising out of or relating to these Terms or the Service exceed the amount you paid Ekko, if any, in subscription fees in the twelve (12) months immediately preceding the event giving rise to the liability. If you have not paid any amount, our liability is limited to fifty U.S. dollars (USD $50). This limitation applies to all causes of action in the aggregate (e.g., if multiple claims are brought, this cap still applies).
9.3 Release for Disputes Between Users: You understand that Ekko’s core function is to analyze conversations between you and others (like your dating partners). However, Ekko is not directly involved in those relationships or any disputes that may arise between you and any other individual. If you have a dispute with someone else (for example, a person you recorded or a match you connected with outside Ekko), you release Ekko and its affiliates from any claims, demands, and damages arising out of or connected to such a dispute. We also are not liable for any actions of users or third parties with whom you interact.
9.4 Basis of the Bargain: You acknowledge that Ekko has set its fees and made the Service available in reliance on the disclaimers and limitations of liability set forth in these Terms, which reflect an agreed allocation of risk between you and us. These provisions form an essential basis of our bargain and will survive and apply even if any limited remedy is found to have failed of its essential purpose.
9.5 Exceptions: Some states or jurisdictions do not allow exclusion or limitation of certain liabilities. For example, in certain places you cannot exclude liability for willful misconduct or for personal injury caused by negligence. Also, consumer protection laws may not allow the exclusion of certain warranties or damages. In such jurisdictions, our liability will be limited to the fullest extent permitted by law.
10. Indemnification
You agree to indemnify, defend, and hold harmless Ekko, its parent company, affiliates, and each of their respective officers, directors, employees, and agents (the “Ekko Parties”) from and against any and all losses, liabilities, claims, demands, damages, expenses or costs (“Claims”), including reasonable attorneys’ fees, arising out of or related to: (a) your use or misuse of the Service; (b) your User Content (including any content that infringes or violates any third-party rights or violates law); (c) your violation of these Terms; or (d) your violation of any law or regulation.
Ekko reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), and you agree to cooperate with our defense of such Claims. You shall not settle any such Claim without our prior written consent (which will not be unreasonably withheld). This indemnity obligation will survive any termination of your account or of the Service.
11. Termination and Suspension
11.1 By You: You may stop using the Service and/or delete your account at any time. These Terms will remain in effect until you discontinue use or your account is closed. If you wish to delete your account, you can do so in the app settings or by contacting us as described above.
11.2 By Ekko: We reserve the right to suspend or terminate your access to the Service (or certain features) at any time, with or without notice, for any conduct that we, in our sole discretion, believe is harmful to another user, to Ekko, or in violation of these Terms or applicable law. For example, if we determine that you have breached the consent rules (recording people without permission) or engaged in prohibited conduct, we may terminate your account. In mild cases, we may suspend your account or access to certain features while we investigate. We will strive to give you reasonable notice of termination when feasible and, if appropriate, an opportunity to appeal or cure minor violations, but we are not required to do so.
11.3 Effect of Termination: Upon termination of your account for any reason, you lose the right to access any data or content in that account (though note: you can export or save your conversation analyses beforehand if desired). The license and rights granted to you under these Terms will end. Sections of these Terms that by their nature should survive termination (such as disclaimers of warranty, limitations of liability, dispute resolution, and indemnification) will survive.
12. Dispute Resolution & Arbitration
Please read this section carefully. It affects your rights by requiring arbitration of disputes and waiver of jury trials and class actions.
12.1 Informal Resolution: In case of any dispute or claim arising out of or relating to these Terms or your use of Ekko (a “Dispute”), you agree to first try to resolve it informally by contacting us at [support email] and providing a brief written description of the issue and your contact information. Both you and Ekko agree to engage in good faith discussions to resolve the Dispute informally. If we cannot resolve the Dispute within 30 days from the date we receive your initial notice, either party may then proceed to the arbitration process outlined below.
12.2 Binding Arbitration: Except for the exceptions stated in Section 12.4 below, any Dispute that is not resolved informally shall be resolved by binding arbitration on an individual basis. This means you and Ekko waive the right to a trial by jury and the right to litigate in court (except for the matters exempted below). Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (if applicable) or other applicable rules as mutually agreed. The arbitration will take place in the county where you reside or another location mutually agreed upon, or by video/phone conference if in-person is not reasonably feasible. The arbitrator will have the authority to grant any relief that would be available in court under law, but may not award punitive damages or attorneys’ fees unless such damages or fees are expressly required by statute.
12.3 Class Action Waiver: You and Ekko agree that any Dispute is personal to you and Ekko and that it will be resolved solely through individual arbitration, and not as a class arbitration, class action, or any other representative proceeding. No class actions or collective proceedings will be permitted. You further agree that arbitration will take place on an individual basis; an arbitrator shall have no authority to hear or arbitrate any claim as a class, collective, representative, or private attorney general action. This class action waiver is a material and essential part of this arbitration agreement and cannot be severed.
12.4 Exceptions: Notwithstanding the above, the following types of claims or relief will not be subject to arbitration: (a) Small Claims – either party may seek resolution in a small claims court for qualifying disputes if they fall within the small claims court’s jurisdictional limits; (b) Injunctive Relief for IP – either party may seek injunctive or other equitable relief in a court of law to protect intellectual property rights (for example, you can seek a court order if you believe your personal data is being misused in a way that violates privacy laws, and we can go to court to stop someone from infringing our patents or trademarks); and (c) Legal Compliance – any other claim that by law cannot be subject to arbitration (such as certain claims under consumer protection laws that specifically bar arbitration) shall be exempt.
12.5 Opt-Out Right: You have the right to opt out of arbitration within 30 days of first agreeing to these Terms. To do so, you must send a written notice to [Ekko mailing address or email for opt-outs] with your name, the email associated with your Ekko account, and a clear statement that you wish to opt out of the arbitration agreement in Ekko’s Terms. If you opt out, or in the event the arbitration agreement is deemed unenforceable or not applicable, you and Ekko agree that any ensuing Dispute will be resolved by a court of competent jurisdiction (as set forth in Section 12.6 below).
12.6 Governing Law and Jurisdiction: These Terms and any Dispute arising under them will be governed by the laws of the State of California, USA, without regard to its conflict of law principles, except that the Federal Arbitration Act will govern the interpretation and enforcement of the arbitration agreement. Subject to the above arbitration provisions, you and Ekko consent to the exclusive jurisdiction of the state and federal courts located in [San Francisco County, California] to resolve any legal action that is permitted to proceed in court (e.g. enforcement of an arbitration award or any Dispute exempt from arbitration). You waive any objections to venue in those courts.
12.7 Jury Trial Waiver: If for any reason a claim proceeds in court rather than arbitration, you and Ekko waive any right to a jury trial, meaning a judge will decide the case.
13. Miscellaneous Provisions
13.1 Entire Agreement: These Terms (along with any incorporated documents like the Privacy Policy and any additional guidelines or rules provided in-app) constitute the entire agreement between you and Ekko regarding the Service. They supersede all prior agreements, understandings, or representations on the same subject.
13.2 Amendments: Any changes to these Terms will not apply retroactively. If we post updated Terms and you continue to use Ekko, that constitutes acceptance of the updated Terms from that point forward. If you object to any change, your sole remedy is to stop using the Service.
13.3 No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. If we do expressly waive any provision, that waiver does not imply a continuing waiver or a waiver of any other provision.
13.4 Severability: If any provision of these Terms is held to be invalid or unenforceable by an arbitrator or court of competent jurisdiction, that provision will be severed and the remaining provisions will remain in full effect. If an unenforceable provision can be modified to make it valid, the parties agree to negotiate in good faith to amend the term consistent with the original intent.
13.5 Assignment: You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law.
13.6 No Third-Party Beneficiaries: These Terms are for the benefit of you and Ekko only. They are not intended to confer any rights or remedies on any third parties (except to the extent Ekko’s affiliates are covered by indemnification or limitations of liability).
13.7 Relationship of Parties: Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Ekko. You are using the Service as an independent, end-user.
13.8 Force Majeure: Ekko will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond our reasonable control (e.g., natural disasters, labor disputes, internet or utility outages, acts of god, war or terrorism, pandemic, governmental action).
13.9 Notices: Ekko may provide notices or communications to you through the app (e.g., push notification or in-app alert), via email to the address in your account, or by other reasonable means. You are responsible for keeping your contact information up to date. Official legal notices to Ekko should be sent by mail to: Ekko Inc., [Address, City, State, ZIP, USA], Attn: Legal Department.
13.10 California Users and Residents: In compliance with California Civil Code §1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding Ekko, please contact us at [email and/or mailing address]. If you are a California resident and we have not resolved your complaint, you may contact the Complaint Assistance Unit of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by phone at (800) 952-5210.
14. Communications
By creating an Ekko account, you agree to receive certain communications from us, such as service announcements, administrative messages, and other information relevant to your use of Ekko. These communications may be sent via email, push notification, or in-app alert. You can manage certain preferences in your account settings, but some operational messages are required for service continuity and cannot be opted out of. You are responsible for keeping your contact details (such as email address) up to date to ensure receipt of such messages.
By using Ekko, you acknowledge that you have read and agree to these Terms. Thank you for helping us create a safe and insightful coaching experience!