Terms of service

These terms are an agreement between AvaEcho (“we”) and the organization or person using AvaEcho (“you”). By creating an account you accept them.

1. The service

AvaEcho turns images into animated, talking avatars, lets you build conversational agents around them, and serves those agents on your website, on screens you operate, and in meetings, through a widget, an API and hosted pages. We may change features with notice in the changelog; we will not remove a capability your plan depends on without 30 days’ notice.

2. Accounts and plans

• You must be 18 or older and, if acting for an organization, authorized to bind it.
• Plans are billed monthly or annually in advance. Your plan’s tokens are for the month they are granted: whatever is left expires when the next month’s tokens arrive, and the plan’s tokens are used before any others. Top-up tokens and tokens added by AvaEcho staff do not expire.
• Automatic top-ups are optional and off until an owner or admin of your account turns them on and agrees to the charges. While they are on, you authorize us to charge your payment method on file the top-up amount you choose each time your token balance falls below the level you set, at one cent a token (or your contracted rate), up to the monthly limit you set. You can turn them off, or change the amount, the level and the limit, at any time in Settings. Each top-up is charged when it happens and is not refundable.
• If a payment is declined, whether a top-up or your plan, the service is paused until a payment goes through: live conversations, embeds, the Studio and videos stop, and your tokens stay on the account. If your plan ends or is canceled, the service is paused the same way until you choose a plan again.
• A token is one cent of service. A Standard avatar on screen draws 30 tokens a minute, a Premium Avatar 60; Studio operations draw the tokens shown on the button before you click. Metering is to the second.
• You may cancel at any time; the plan runs to the end of the paid period. We do not refund partial months or top-ups except where the law requires it.

3. Your content and likeness

• You keep ownership of the photos, documents, voices and images you upload or generate. You grant us the license needed to run the service for you and nothing more; we do not use your content to train models.
• Each time you upload a photo, an image or a voice recording, or build an avatar or train a voice from one, you represent and warrant that you own the content or hold every right needed to use it this way; that any real person shown or heard is 18 or older and has agreed to an AI avatar or voice of them being built and used for your purposes, including saying things they did not script; and that you have given any notice and obtained any consent the law of your place or theirs requires, including written consent where a law on biometric data applies. You will keep a record of that agreement and show it to us on request, and you will remove the avatar or voice if the person withdraws it.
• You are responsible for the truth of these statements and for any claim that follows from a breach of them, and you will defend and indemnify us against such claims.
• Every avatar carries an AI disclosure that you may not remove, hide or contradict.
• The acceptable use policy is part of these terms.

4. Your visitors

You are the controller of your visitors’ data and we process it for you under the privacy notice and, for enterprise customers, a data processing agreement. You must give your visitors the notices the law requires where you deploy the agent, including about the microphone and camera.

5. Availability

We aim for the service to be available at all times but do not promise it outside an enterprise SLA. Scheduled maintenance is announced in advance. The widget is designed to show the avatar’s idle loop and play voice even when live capacity is unavailable.

6. Suspension and termination

We may suspend an account that breaks these terms or the acceptable use policy, or that puts the service or other customers at risk, and will tell you why. You may export your content for 30 days after termination; after that it is deleted.

7. Liability

To the extent the law allows, our liability for any claim in a year is limited to the fees you paid us in the twelve months before it. We are not liable for indirect or consequential loss. Nothing limits liability that cannot be limited by law.

8. Changes and law

We may update these terms with 30 days’ notice by email; continued use after that is acceptance. These terms are governed by the laws of the State of Ohio, United States, and disputes are heard in its courts, unless an enterprise agreement says otherwise.

Contact

AvaEcho, Ohio, United States. legal@avaecho.com.