Echobase Terms of Service
Effective Date: May 2023
Last Updated: July 2023
Terms of Service
Last modified
July 19, 2023
Welcome to Echobase
When engaging with the diverse range of products and services offered by Echobase, along with our affiliates, including application programming interfaces, software, tools, developer services, data, documentation, and website (collectively referred to as "Services"), these Terms of Service come into effect. The scope of these Terms encompasses our Service Terms and any supplementary documentation, guidelines, or policies provided in written form.
Your utilization of our Services constitutes your agreement to be bound by these Terms. For a comprehensive understanding of how we gather and utilize personal information, please refer to our Privacy Policy. At Echobase, we prioritize clarity and transparency to ensure you are well-informed and confident in your interactions with us.
1. Registration and Access
To access and use our Services, you must be 18 years of age or older, possessing the capacity to enter into a binding agreement with Echobase. Should you choose to use the Services on behalf of another individual or entity, it is imperative that you have the proper authority to accept these Terms on their behalf.
For account registration, providing accurate and comprehensive information is essential. Safeguarding the confidentiality of your access credentials and account is crucial; as such, you may not share them with individuals outside your organization. You bear full responsibility for any and all activities conducted using your credentials. Upholding these principles ensures a secure and smooth experience with our Services at Echobase.
2. Usage Requirements
(a) Utilizing the Services: By accessing and using the Services, you are granted a non-exclusive right to do so, subject to these Terms. Your usage of the Services must adhere to both these Terms and all applicable laws. It is important to note that Echobase and its affiliates retain all rights, title, and interest in and to the Services.
(b) Feedback Appreciation: We welcome and value feedback, comments, ideas, proposals, and suggestions for enhancing our Services. Should you provide any such input, we reserve the right to utilize it without restrictions or the obligation of compensation. Feedback can be provided via email to info@artificialworkflow.com
(c) Respectful Limitations: In using the Services, you agree not to engage in actions that infringe upon, misappropriate, or violate any individual's rights. Furthermore, you may not attempt to reverse assemble, reverse compile, decompile, translate, or uncover the source code or underlying components of the Services' models, algorithms, and systems (excluding instances where such restrictions conflict with applicable law).
It is prohibited to utilize the Services to develop foundation models or other large scale models that compete with Echobase. Data extraction from the Services, including web scraping, web harvesting, or web data extraction methods, is restricted, except as allowed through the API. Additionally, representing output from the Services as human-generated when it is not is strictly prohibited. You must also adhere to rate limits and other requirements specified in our documentation. The Services are intended for use only in supported geographic regions.
(d) Third Party Services: If you use any third-party software, services, or products in conjunction with our Services, their usage will be governed by their own terms. Echobase is not responsible for third-party products and their associated terms.
3. Content
(a) Your Content Ownership: Through the Services, you can provide input ("Input") and receive output ("Output") based on the Input, collectively referred to as "Content." To the extent permitted by applicable law, you retain ownership of all Input you provide. Additionally, subject to your compliance with these Terms, Echobase assigns to you all its right, title, and interest in and to the Output generated for you by the Services. Echobase may utilize Content as necessary for Service provision, compliance with applicable laws, and enforcing our policies. You are solely responsible for your Content, ensuring it complies with all relevant laws and these Terms.
(b) Uploading Files and Data: You have the option to upload your Files and Data to our servers, which are hosted by AWS (Amazon Web Server). Both parties adhere to SOC 2 Compliance. Your uploaded Data and Files are processed to extract relevant information for your queries, presented to you by Echobase.
(c) Similarity of Content: Due to the nature of machine learning, Output may not be unique to individual users, and the Services may produce the same or similar results for different users or Echobase. For instance, if you input a question such as "What color is the grass?" and receive the response "The grass is bright green," other users may also receive the same answer to similar questions. In such cases, responses generated for other users are not considered part of your Content.
(d) Content for Service Improvement: Echobase does not utilize your Content to enhance our services.
(e) Copyright Complaints: If you believe your intellectual property rights have been infringed, please send a notice to the provided email address. We may take action to delete or disable content that is alleged to be infringing and may terminate accounts of repeat infringers. We take intellectual property concerns seriously and strive to maintain a respectful environment for all users.
Requirements for Copyright Infringement Claims:
For claims regarding copyright infringement, written submissions should include the following information:
A physical or electronic signature of the authorized person acting on behalf of the copyright owner.
A description of the copyrighted work that you believe has been infringed.
Details about the specific location on the site where the allegedly infringing material is found.
Your contact information, including address, telephone number, and e-mail address.
A statement from you, affirming in good faith that you believe the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement made under penalty of perjury, attesting that the information provided in your notice is accurate, and you are either the copyright owner or authorized to act on behalf of the copyright owner.
4. Fees and Payments
(a) Fees and Billing: By using our Services, you agree to pay all applicable fees ("Fees") according to the prices and terms stated on the relevant pricing page or as mutually agreed upon in writing. Should any pricing errors or mistakes occur, we reserve the right to correct them, even if an invoice has been issued or payment has been made. To ensure smooth processing, you are responsible for providing accurate and complete billing information, including a valid and authorized payment method.
We will charge your payment method periodically as agreed, but we may reasonably adjust the posting date of the charge. By using our Services, you grant Echobase, its affiliates, and our third-party payment processor(s) authorization to charge your payment method for the applicable Fees. In the event that your payment cannot be successfully processed, we will notify you in writing, and access to the Services may be temporarily suspended until payment is received.
All Fees are payable in U.S. dollars and are due upon invoice issuance. Please note that payments are generally nonrefundable, except as specifically provided in this Agreement. We strive to maintain a transparent and fair payment process to ensure a seamless experience for our valued users.
(b) Taxes: Unless expressly stated otherwise, the Fees associated with our Services do not include federal, state, local, and foreign taxes, duties, or other comparable assessments ("Taxes"). As the purchaser, you are responsible for covering all Taxes related to your purchase, with the exception of Taxes based on our net income. In certain cases, we may issue an invoice for such Taxes to be settled by you.
You are obliged to promptly remit the specified Taxes and furnish us with documentation demonstrating the payment or any additional evidence we may reasonably request. For tax purposes, Echobase utilizes the name and address provided during your account registration as the place of supply. It is your responsibility to ensure that this information remains accurate and up-to-date to facilitate seamless tax compliance. We value transparency in our dealings, and together, we can ensure compliance with applicable tax regulations.
(c) Price Changes: As part of our commitment to transparency, we reserve the right to modify our prices. Any changes to prices will be communicated by posting notices on your account, sent to your email and/or displayed on our website. Price adjustments typically take effect after a 14-day notice period from the date of posting, except in cases of legal requirements or changes to Beta Services (as defined in our Service Terms), where the new prices will be effective immediately.
It is important to note that any price changes will apply to the Fees charged to your account immediately following the effective date of the modifications. We believe in keeping you well-informed about any updates that might impact your account, ensuring that you are always aware of the costs associated with our Services.
(d) Disputes and Late Payments: In the event that you wish to contest any Fees or Taxes, kindly reach out to us at info@artificialworkflow.com within thirty (30) days from the date of the disputed invoice.
In cases where any portion of your Fees becomes past due, we may temporarily suspend your access to the Services. However, prior to taking such action, we will provide you with written notice of the late payment to ensure you have the opportunity to address the matter promptly.
At Echobase, we strive to resolve any billing concerns in a fair and transparent manner, always keeping your best interests in mind.
(e) Free Tier: To maintain fairness and equal opportunities for all users, you are prohibited from creating multiple accounts with the intent of exploiting the credits offered in the free tier of our Services. We encourage genuine and good-faith utilization of the free tier to experience our offerings.
However, should we detect any misuse or non-compliance with the free tier terms, we reserve the right to either apply standard fees or suspend access to the Services. Our aim is to foster a positive and equitable user experience, ensuring that all users can make the most of our Services without unfair advantage.
5. Confidentiality, Security, and Data Protection
(a) Protection of Confidential Information:
Throughout your engagement with Echobase, its affiliates, and other third parties, you may gain access to Confidential Information. Such information should be used solely for the purpose of utilizing the Services, as permitted by these Terms. You are strictly prohibited from disclosing Confidential Information to any third party, and you must exercise the same level of care in safeguarding it as you would with your own confidential information of a similar nature, employing reasonable measures to protect its confidentiality.
Confidential Information refers to nonpublic data designated as confidential by Echobase, its affiliates, or third parties, or information that should reasonably be considered confidential in the given circumstances. This includes, but is not limited to, software, specifications, and other nonpublic business information.
Notwithstanding, Confidential Information does not encompass information that: (i) becomes generally available to the public through no fault of yours; (ii) you already possessed without any confidentiality obligations at the time of its receipt under these Terms; (iii) is disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without utilizing Confidential Information.
In the event that you are legally required or receive a valid order from a court or governmental authority to disclose Confidential Information, you may do so provided that you provide reasonable prior written notice to Echobase AI and make reasonable efforts to limit the scope of disclosure. If possible, you should also cooperate with us in challenging the disclosure requirement. We prioritize the confidentiality of information and trust that you will uphold this principle throughout our engagement.
(b) Security: You must implement and execute fair and suitable actions that aim to fortify your usage of the Services. Should you stumble upon any weaknesses or intrusions associated with your utilization of the Services, it is mandatory that you immediately reach out to Echobase, supplying detailed information about the discovered weakness or intrusion.
(c) Processing of Personal Data: In the event that your utilization of the Services necessitates the handling of personal information, it is required that you offer legally satisfactory privacy statements and acquire the essential authorizations for the management of this data. You assure us that this processing aligns with the relevant legal norms. If you fall under the purview of the GDPR or CCPA and will be employing Echobase to manage 'personal data' as characterized in the GDPR, or 'Personal Information,' it is imperative that you reach out to info@artificialworkflow.com to put into effect our Data Processing Addendum.
6. Term and Termination
(a) Termination: The moment you begin using the Services, these Terms become operational and continue to be so until their termination. You hold the right to bring these Terms to an end at any moment and for any rationale by ceasing to use the Services and Content. We reserve the right to terminate these Terms for any motive by furnishing at least a 30-day prior notice. Should you substantially violate Sections 2 (Usage Requirements), 5 (Confidentiality, Security and Data Protection), 8 (Dispute Resolution), or 9 (General Terms), or if there occur changes in ties with external third-party tech providers beyond our control, or to adhere to legal or government directives, we can immediately terminate these Terms upon notifying you.
(b) Effect on Termination: Following termination, you are expected to cease usage of the Services and without delay return or, if we direct you to do so, discard any Confidential Information. Certain portions of these Terms, dictated by their inherent nature to persist beyond termination or expiry, should indeed endure. This notably includes, but is not limited to, Sections 3 and 5-8.
7. Indemnification; Disclaimer of Warranties; Limitations on Liability
(a) Indemnity: You are expected to safeguard, compensate, and absolve us, our partners, and our staff, from any potential accusations, damages, and costs (including legal fees) that may arise in relation to your utilization of the Services. This includes aspects linked to your Content, products, or services that you devise or propose in association with the Services, and any breach of these Terms or infringement of relevant laws on your part.
(b) Disclaimer: The Services are supplied 'as is.' Except when forbidden by law, we, along with our affiliates and licensors, do not give any guarantees (be it express, implied, statutory, or of any other kind) in relation to the Services. We renounce all such assurances, inclusive but not restricted to those of merchantability, appropriateness for a specific use, satisfactory quality, non-violation, peaceful usage, and any guarantees evolving from any customary commercial practices or dealings. We do not guarantee that the Services will operate without breaks, will be precise or devoid of errors, or that any content will be secure or not misplaced or modified.
(c) Limitations of Liability: Neither we, nor any of our affiliates or licensors, bear responsibility for any indirect, incidental, special, consequential, or exemplary damages, which includes but is not limited to damages for loss of profits, goodwill, usage, or data or any other losses, even if we have been notified of the potential for such damages. Our cumulative liability under these Terms shall not exceed the larger of the amount you have paid for the Service that led to the claim during the 12 months prior to when the liability occurred. The limitations in this section are applicable only to the fullest extent allowed by the relevant law.
8. Dispute Resolution
YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
(a) MANDATORY ARBITRATION: You and Echobase have mutually decided to settle any disputes related to these Terms or our Services through definitive and binding arbitration. However, it is understood that you reserve the option to withdraw from these arbitration conditions, as well as any forthcoming amendments to these arbitration terms, by sending an email to info@artificialworkflow.com within 30 days of accepting these arbitration terms or the corresponding alterations.
(b) Informal Dispute Resolution: We would like to understand and address your concerns before initiating any formal legal proceedings. As such, before launching a claim against Echobase, you agree to make an attempt to settle the dispute in an informal manner. This can be done by providing us with a notice at info@artificialworkflow.com containing your name, a detailed explanation of the dispute, and the resolution you are seeking. If we fail to find a solution to the dispute within a span of 60 days, you are then permitted to commence a formal proceeding. The applicable statute of limitations will be suspended during this 60-day resolution process.
(c) Arbitration Forum: Both parties hold the right to initiate binding arbitration through a provider of such services on which both parties concur. The expenses of the arbitration will be shared equally by the parties involved. Echobase will abstain from requesting reimbursement for its legal fees and other associated costs during the arbitration unless the arbitrator rules that your claim lacks seriousness or is without merit.
(d) Arbitration Procedures: The arbitration process will be carried out via phone, through written presentations, video conferencing, or face-to-face at a location agreed upon by both parties. The arbitrator will be responsible for deciding on all matters, which include, but are not limited to, issues regarding the range, validity, and arbitrability of this Section. The total sum of any settlement proposal will not be revealed to the arbitrator by either side until the arbitrator has made a final decision on the award, if applicable.
(e). Exceptions: This arbitration provision does not necessitate arbitration for the ensuing claims: (i) individual claims initiated in a small claims court; and (ii) requests for injunction or other equitable remedies aimed at halting unauthorized utilization or misuse of the Services, or violations of intellectual property rights.
(f) NO CLASS ACTIONS: All disputes are required to be presented on an individual level only, and are not permitted to be put forth as a plaintiff or a member of an alleged class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are strictly prohibited. If for whatever reason a dispute is handled in court rather than via arbitration, each party knowingly and irrevocably relinquishes any entitlement to a jury trial in any action, proceeding, or counterclaim. However, this does not bar either party from partaking in a class-wide resolution of claims.
(g) Severability: In the event that any portion of this Section 8 is determined to be unlawful or unenforceable, the rest will continue to be effective, with the exception that if a finding of partial illegality or unenforceability would permit class or representative arbitration, then this Section 8 will be completely unenforceable. Nothing in this Section should be construed as waiving or limiting the right to seek public injunctive relief or any other rights that cannot be waived, pending a decision on the substance of such claim from the arbitrator.
9. General Terms
(a) Association of Parties: No partnership, joint venture or agent-principal relationship is established between you and Echobase or any of Echobase associates through these Terms. Both you and Echobase operate as independent contractors and neither party has the authority to commit the other or undertake obligations on the other’s behalf without their prior written agreement.
(b) Brand Usage: Any usage of Echobase or any of its affiliates' names, logos, or trademarks requires our prior written approval. Echbase has the right to use organisation names for general marketing purposes and case studies.
(c) Transfer and Delegation: You are not allowed to assign or delegate any rights or obligations under these Terms, including in the event of a change of control. Any supposed assignment and delegation will be considered null and void. We have the right to transfer these Terms in case of a merger, acquisition or sale of all or essentially all of our assets, to any affiliate or as part of a corporate reorganization.
(e) Alterations: We hold the authority to occasionally amend these Terms by posting a revised version on our website, or if an update considerably negatively affects your rights or responsibilities under these Terms, we'll inform you either by emailing the account associated with your email or by giving an in-product notice. Alterations will not take effect earlier than 30 days following our notification. All other modifications will be immediately effective. Your ongoing use of the Services following any adjustment implies your acceptance of such modification
(f) Notifications: All communications will be in an email format. We may send you notifications using the registration details you furnished or the email account associated with your usage of the Services. Service will be deemed provided on the day of receipt if transmitted via email.
(g) Forbearance and Severability: Should you not adhere to these Terms and Echobase doesn't immediately respond, it shouldn't be interpreted as a waiver of any of our rights. Aside from what's indicated in Section 8, if any portion of these Terms is deemed invalid or unenforceable by a court with jurisdiction, such term will be applied to its fullest legal extent, and this will not impede the enforceability of the remaining terms.
(h) Equitable Remedies: You acknowledge that any violation or breach of these Terms by you could potentially inflict irreparable damage to Echobase and its affiliated entities. In such an event, Echobase AI reserves the right to pursue an injunction against you, in addition to any other recourse available under law.
(i) Complete Agreement: These Terms, along with any policies incorporated herein, represent the full understanding between you and Echobase in relation to the use of the Services. Except for any terms specific to a Service or any relevant enterprise agreements, these Terms override any former or simultaneous agreements, exchanges, or interpretations between you and Echobase concerning this matter.
(j) Jurisdiction, Venue and Governing Law: These Terms will be governed by the laws of the State of Queensland, excluding Queensland's principles or rules of conflict of laws. Aside from what's stipulated in the "Dispute Resolution" section, all disputes originating from or related to these Terms will be exclusively brought to and resolved in the federal or state courts of Queensland, Australia.
Echobase Terms of Service
Effective Date: May 2023
Last Updated: July 2023
Terms of Service
Last modified
July 19, 2023
Welcome to Echobase
When engaging with the diverse range of products and services offered by Echobase, along with our affiliates, including application programming interfaces, software, tools, developer services, data, documentation, and website (collectively referred to as "Services"), these Terms of Service come into effect. The scope of these Terms encompasses our Service Terms and any supplementary documentation, guidelines, or policies provided in written form.
Your utilization of our Services constitutes your agreement to be bound by these Terms. For a comprehensive understanding of how we gather and utilize personal information, please refer to our Privacy Policy. At Echobase, we prioritize clarity and transparency to ensure you are well-informed and confident in your interactions with us.
1. Registration and Access
To access and use our Services, you must be 18 years of age or older, possessing the capacity to enter into a binding agreement with Echobase. Should you choose to use the Services on behalf of another individual or entity, it is imperative that you have the proper authority to accept these Terms on their behalf.
For account registration, providing accurate and comprehensive information is essential. Safeguarding the confidentiality of your access credentials and account is crucial; as such, you may not share them with individuals outside your organization. You bear full responsibility for any and all activities conducted using your credentials. Upholding these principles ensures a secure and smooth experience with our Services at Echobase.
2. Usage Requirements
(a) Utilizing the Services: By accessing and using the Services, you are granted a non-exclusive right to do so, subject to these Terms. Your usage of the Services must adhere to both these Terms and all applicable laws. It is important to note that Echobase and its affiliates retain all rights, title, and interest in and to the Services.
(b) Feedback Appreciation: We welcome and value feedback, comments, ideas, proposals, and suggestions for enhancing our Services. Should you provide any such input, we reserve the right to utilize it without restrictions or the obligation of compensation. Feedback can be provided via email to info@artificialworkflow.com
(c) Respectful Limitations: In using the Services, you agree not to engage in actions that infringe upon, misappropriate, or violate any individual's rights. Furthermore, you may not attempt to reverse assemble, reverse compile, decompile, translate, or uncover the source code or underlying components of the Services' models, algorithms, and systems (excluding instances where such restrictions conflict with applicable law).
It is prohibited to utilize the Services to develop foundation models or other large scale models that compete with Echobase. Data extraction from the Services, including web scraping, web harvesting, or web data extraction methods, is restricted, except as allowed through the API. Additionally, representing output from the Services as human-generated when it is not is strictly prohibited. You must also adhere to rate limits and other requirements specified in our documentation. The Services are intended for use only in supported geographic regions.
(d) Third Party Services: If you use any third-party software, services, or products in conjunction with our Services, their usage will be governed by their own terms. Echobase is not responsible for third-party products and their associated terms.
3. Content
(a) Your Content Ownership: Through the Services, you can provide input ("Input") and receive output ("Output") based on the Input, collectively referred to as "Content." To the extent permitted by applicable law, you retain ownership of all Input you provide. Additionally, subject to your compliance with these Terms, Echobase assigns to you all its right, title, and interest in and to the Output generated for you by the Services. Echobase may utilize Content as necessary for Service provision, compliance with applicable laws, and enforcing our policies. You are solely responsible for your Content, ensuring it complies with all relevant laws and these Terms.
(b) Uploading Files and Data: You have the option to upload your Files and Data to our servers, which are hosted by AWS (Amazon Web Server). Both parties adhere to SOC 2 Compliance. Your uploaded Data and Files are processed to extract relevant information for your queries, presented to you by Echobase.
(c) Similarity of Content: Due to the nature of machine learning, Output may not be unique to individual users, and the Services may produce the same or similar results for different users or Echobase. For instance, if you input a question such as "What color is the grass?" and receive the response "The grass is bright green," other users may also receive the same answer to similar questions. In such cases, responses generated for other users are not considered part of your Content.
(d) Content for Service Improvement: Echobase does not utilize your Content to enhance our services.
(e) Copyright Complaints: If you believe your intellectual property rights have been infringed, please send a notice to the provided email address. We may take action to delete or disable content that is alleged to be infringing and may terminate accounts of repeat infringers. We take intellectual property concerns seriously and strive to maintain a respectful environment for all users.
Requirements for Copyright Infringement Claims:
For claims regarding copyright infringement, written submissions should include the following information:
A physical or electronic signature of the authorized person acting on behalf of the copyright owner.
A description of the copyrighted work that you believe has been infringed.
Details about the specific location on the site where the allegedly infringing material is found.
Your contact information, including address, telephone number, and e-mail address.
A statement from you, affirming in good faith that you believe the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement made under penalty of perjury, attesting that the information provided in your notice is accurate, and you are either the copyright owner or authorized to act on behalf of the copyright owner.
4. Fees and Payments
(a) Fees and Billing: By using our Services, you agree to pay all applicable fees ("Fees") according to the prices and terms stated on the relevant pricing page or as mutually agreed upon in writing. Should any pricing errors or mistakes occur, we reserve the right to correct them, even if an invoice has been issued or payment has been made. To ensure smooth processing, you are responsible for providing accurate and complete billing information, including a valid and authorized payment method.
We will charge your payment method periodically as agreed, but we may reasonably adjust the posting date of the charge. By using our Services, you grant Echobase, its affiliates, and our third-party payment processor(s) authorization to charge your payment method for the applicable Fees. In the event that your payment cannot be successfully processed, we will notify you in writing, and access to the Services may be temporarily suspended until payment is received.
All Fees are payable in U.S. dollars and are due upon invoice issuance. Please note that payments are generally nonrefundable, except as specifically provided in this Agreement. We strive to maintain a transparent and fair payment process to ensure a seamless experience for our valued users.
(b) Taxes: Unless expressly stated otherwise, the Fees associated with our Services do not include federal, state, local, and foreign taxes, duties, or other comparable assessments ("Taxes"). As the purchaser, you are responsible for covering all Taxes related to your purchase, with the exception of Taxes based on our net income. In certain cases, we may issue an invoice for such Taxes to be settled by you.
You are obliged to promptly remit the specified Taxes and furnish us with documentation demonstrating the payment or any additional evidence we may reasonably request. For tax purposes, Echobase utilizes the name and address provided during your account registration as the place of supply. It is your responsibility to ensure that this information remains accurate and up-to-date to facilitate seamless tax compliance. We value transparency in our dealings, and together, we can ensure compliance with applicable tax regulations.
(c) Price Changes: As part of our commitment to transparency, we reserve the right to modify our prices. Any changes to prices will be communicated by posting notices on your account, sent to your email and/or displayed on our website. Price adjustments typically take effect after a 14-day notice period from the date of posting, except in cases of legal requirements or changes to Beta Services (as defined in our Service Terms), where the new prices will be effective immediately.
It is important to note that any price changes will apply to the Fees charged to your account immediately following the effective date of the modifications. We believe in keeping you well-informed about any updates that might impact your account, ensuring that you are always aware of the costs associated with our Services.
(d) Disputes and Late Payments: In the event that you wish to contest any Fees or Taxes, kindly reach out to us at info@artificialworkflow.com within thirty (30) days from the date of the disputed invoice.
In cases where any portion of your Fees becomes past due, we may temporarily suspend your access to the Services. However, prior to taking such action, we will provide you with written notice of the late payment to ensure you have the opportunity to address the matter promptly.
At Echobase, we strive to resolve any billing concerns in a fair and transparent manner, always keeping your best interests in mind.
(e) Free Tier: To maintain fairness and equal opportunities for all users, you are prohibited from creating multiple accounts with the intent of exploiting the credits offered in the free tier of our Services. We encourage genuine and good-faith utilization of the free tier to experience our offerings.
However, should we detect any misuse or non-compliance with the free tier terms, we reserve the right to either apply standard fees or suspend access to the Services. Our aim is to foster a positive and equitable user experience, ensuring that all users can make the most of our Services without unfair advantage.
5. Confidentiality, Security, and Data Protection
(a) Protection of Confidential Information:
Throughout your engagement with Echobase, its affiliates, and other third parties, you may gain access to Confidential Information. Such information should be used solely for the purpose of utilizing the Services, as permitted by these Terms. You are strictly prohibited from disclosing Confidential Information to any third party, and you must exercise the same level of care in safeguarding it as you would with your own confidential information of a similar nature, employing reasonable measures to protect its confidentiality.
Confidential Information refers to nonpublic data designated as confidential by Echobase, its affiliates, or third parties, or information that should reasonably be considered confidential in the given circumstances. This includes, but is not limited to, software, specifications, and other nonpublic business information.
Notwithstanding, Confidential Information does not encompass information that: (i) becomes generally available to the public through no fault of yours; (ii) you already possessed without any confidentiality obligations at the time of its receipt under these Terms; (iii) is disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without utilizing Confidential Information.
In the event that you are legally required or receive a valid order from a court or governmental authority to disclose Confidential Information, you may do so provided that you provide reasonable prior written notice to Echobase AI and make reasonable efforts to limit the scope of disclosure. If possible, you should also cooperate with us in challenging the disclosure requirement. We prioritize the confidentiality of information and trust that you will uphold this principle throughout our engagement.
(b) Security: You must implement and execute fair and suitable actions that aim to fortify your usage of the Services. Should you stumble upon any weaknesses or intrusions associated with your utilization of the Services, it is mandatory that you immediately reach out to Echobase, supplying detailed information about the discovered weakness or intrusion.
(c) Processing of Personal Data: In the event that your utilization of the Services necessitates the handling of personal information, it is required that you offer legally satisfactory privacy statements and acquire the essential authorizations for the management of this data. You assure us that this processing aligns with the relevant legal norms. If you fall under the purview of the GDPR or CCPA and will be employing Echobase to manage 'personal data' as characterized in the GDPR, or 'Personal Information,' it is imperative that you reach out to info@artificialworkflow.com to put into effect our Data Processing Addendum.
6. Term and Termination
(a) Termination: The moment you begin using the Services, these Terms become operational and continue to be so until their termination. You hold the right to bring these Terms to an end at any moment and for any rationale by ceasing to use the Services and Content. We reserve the right to terminate these Terms for any motive by furnishing at least a 30-day prior notice. Should you substantially violate Sections 2 (Usage Requirements), 5 (Confidentiality, Security and Data Protection), 8 (Dispute Resolution), or 9 (General Terms), or if there occur changes in ties with external third-party tech providers beyond our control, or to adhere to legal or government directives, we can immediately terminate these Terms upon notifying you.
(b) Effect on Termination: Following termination, you are expected to cease usage of the Services and without delay return or, if we direct you to do so, discard any Confidential Information. Certain portions of these Terms, dictated by their inherent nature to persist beyond termination or expiry, should indeed endure. This notably includes, but is not limited to, Sections 3 and 5-8.
7. Indemnification; Disclaimer of Warranties; Limitations on Liability
(a) Indemnity: You are expected to safeguard, compensate, and absolve us, our partners, and our staff, from any potential accusations, damages, and costs (including legal fees) that may arise in relation to your utilization of the Services. This includes aspects linked to your Content, products, or services that you devise or propose in association with the Services, and any breach of these Terms or infringement of relevant laws on your part.
(b) Disclaimer: The Services are supplied 'as is.' Except when forbidden by law, we, along with our affiliates and licensors, do not give any guarantees (be it express, implied, statutory, or of any other kind) in relation to the Services. We renounce all such assurances, inclusive but not restricted to those of merchantability, appropriateness for a specific use, satisfactory quality, non-violation, peaceful usage, and any guarantees evolving from any customary commercial practices or dealings. We do not guarantee that the Services will operate without breaks, will be precise or devoid of errors, or that any content will be secure or not misplaced or modified.
(c) Limitations of Liability: Neither we, nor any of our affiliates or licensors, bear responsibility for any indirect, incidental, special, consequential, or exemplary damages, which includes but is not limited to damages for loss of profits, goodwill, usage, or data or any other losses, even if we have been notified of the potential for such damages. Our cumulative liability under these Terms shall not exceed the larger of the amount you have paid for the Service that led to the claim during the 12 months prior to when the liability occurred. The limitations in this section are applicable only to the fullest extent allowed by the relevant law.
8. Dispute Resolution
YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
(a) MANDATORY ARBITRATION: You and Echobase have mutually decided to settle any disputes related to these Terms or our Services through definitive and binding arbitration. However, it is understood that you reserve the option to withdraw from these arbitration conditions, as well as any forthcoming amendments to these arbitration terms, by sending an email to info@artificialworkflow.com within 30 days of accepting these arbitration terms or the corresponding alterations.
(b) Informal Dispute Resolution: We would like to understand and address your concerns before initiating any formal legal proceedings. As such, before launching a claim against Echobase, you agree to make an attempt to settle the dispute in an informal manner. This can be done by providing us with a notice at info@artificialworkflow.com containing your name, a detailed explanation of the dispute, and the resolution you are seeking. If we fail to find a solution to the dispute within a span of 60 days, you are then permitted to commence a formal proceeding. The applicable statute of limitations will be suspended during this 60-day resolution process.
(c) Arbitration Forum: Both parties hold the right to initiate binding arbitration through a provider of such services on which both parties concur. The expenses of the arbitration will be shared equally by the parties involved. Echobase will abstain from requesting reimbursement for its legal fees and other associated costs during the arbitration unless the arbitrator rules that your claim lacks seriousness or is without merit.
(d) Arbitration Procedures: The arbitration process will be carried out via phone, through written presentations, video conferencing, or face-to-face at a location agreed upon by both parties. The arbitrator will be responsible for deciding on all matters, which include, but are not limited to, issues regarding the range, validity, and arbitrability of this Section. The total sum of any settlement proposal will not be revealed to the arbitrator by either side until the arbitrator has made a final decision on the award, if applicable.
(e). Exceptions: This arbitration provision does not necessitate arbitration for the ensuing claims: (i) individual claims initiated in a small claims court; and (ii) requests for injunction or other equitable remedies aimed at halting unauthorized utilization or misuse of the Services, or violations of intellectual property rights.
(f) NO CLASS ACTIONS: All disputes are required to be presented on an individual level only, and are not permitted to be put forth as a plaintiff or a member of an alleged class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are strictly prohibited. If for whatever reason a dispute is handled in court rather than via arbitration, each party knowingly and irrevocably relinquishes any entitlement to a jury trial in any action, proceeding, or counterclaim. However, this does not bar either party from partaking in a class-wide resolution of claims.
(g) Severability: In the event that any portion of this Section 8 is determined to be unlawful or unenforceable, the rest will continue to be effective, with the exception that if a finding of partial illegality or unenforceability would permit class or representative arbitration, then this Section 8 will be completely unenforceable. Nothing in this Section should be construed as waiving or limiting the right to seek public injunctive relief or any other rights that cannot be waived, pending a decision on the substance of such claim from the arbitrator.
9. General Terms
(a) Association of Parties: No partnership, joint venture or agent-principal relationship is established between you and Echobase or any of Echobase associates through these Terms. Both you and Echobase operate as independent contractors and neither party has the authority to commit the other or undertake obligations on the other’s behalf without their prior written agreement.
(b) Brand Usage: Any usage of Echobase or any of its affiliates' names, logos, or trademarks requires our prior written approval. Echbase has the right to use organisation names for general marketing purposes and case studies.
(c) Transfer and Delegation: You are not allowed to assign or delegate any rights or obligations under these Terms, including in the event of a change of control. Any supposed assignment and delegation will be considered null and void. We have the right to transfer these Terms in case of a merger, acquisition or sale of all or essentially all of our assets, to any affiliate or as part of a corporate reorganization.
(e) Alterations: We hold the authority to occasionally amend these Terms by posting a revised version on our website, or if an update considerably negatively affects your rights or responsibilities under these Terms, we'll inform you either by emailing the account associated with your email or by giving an in-product notice. Alterations will not take effect earlier than 30 days following our notification. All other modifications will be immediately effective. Your ongoing use of the Services following any adjustment implies your acceptance of such modification
(f) Notifications: All communications will be in an email format. We may send you notifications using the registration details you furnished or the email account associated with your usage of the Services. Service will be deemed provided on the day of receipt if transmitted via email.
(g) Forbearance and Severability: Should you not adhere to these Terms and Echobase doesn't immediately respond, it shouldn't be interpreted as a waiver of any of our rights. Aside from what's indicated in Section 8, if any portion of these Terms is deemed invalid or unenforceable by a court with jurisdiction, such term will be applied to its fullest legal extent, and this will not impede the enforceability of the remaining terms.
(h) Equitable Remedies: You acknowledge that any violation or breach of these Terms by you could potentially inflict irreparable damage to Echobase and its affiliated entities. In such an event, Echobase AI reserves the right to pursue an injunction against you, in addition to any other recourse available under law.
(i) Complete Agreement: These Terms, along with any policies incorporated herein, represent the full understanding between you and Echobase in relation to the use of the Services. Except for any terms specific to a Service or any relevant enterprise agreements, these Terms override any former or simultaneous agreements, exchanges, or interpretations between you and Echobase concerning this matter.
(j) Jurisdiction, Venue and Governing Law: These Terms will be governed by the laws of the State of Queensland, excluding Queensland's principles or rules of conflict of laws. Aside from what's stipulated in the "Dispute Resolution" section, all disputes originating from or related to these Terms will be exclusively brought to and resolved in the federal or state courts of Queensland, Australia.
Echobase Terms of Service
Effective Date: May 2023
Last Updated: July 2023
Terms of Service
Last modified
July 19, 2023
Welcome to Echobase
When engaging with the diverse range of products and services offered by Echobase, along with our affiliates, including application programming interfaces, software, tools, developer services, data, documentation, and website (collectively referred to as "Services"), these Terms of Service come into effect. The scope of these Terms encompasses our Service Terms and any supplementary documentation, guidelines, or policies provided in written form.
Your utilization of our Services constitutes your agreement to be bound by these Terms. For a comprehensive understanding of how we gather and utilize personal information, please refer to our Privacy Policy. At Echobase, we prioritize clarity and transparency to ensure you are well-informed and confident in your interactions with us.
1. Registration and Access
To access and use our Services, you must be 18 years of age or older, possessing the capacity to enter into a binding agreement with Echobase. Should you choose to use the Services on behalf of another individual or entity, it is imperative that you have the proper authority to accept these Terms on their behalf.
For account registration, providing accurate and comprehensive information is essential. Safeguarding the confidentiality of your access credentials and account is crucial; as such, you may not share them with individuals outside your organization. You bear full responsibility for any and all activities conducted using your credentials. Upholding these principles ensures a secure and smooth experience with our Services at Echobase.
2. Usage Requirements
(a) Utilizing the Services: By accessing and using the Services, you are granted a non-exclusive right to do so, subject to these Terms. Your usage of the Services must adhere to both these Terms and all applicable laws. It is important to note that Echobase and its affiliates retain all rights, title, and interest in and to the Services.
(b) Feedback Appreciation: We welcome and value feedback, comments, ideas, proposals, and suggestions for enhancing our Services. Should you provide any such input, we reserve the right to utilize it without restrictions or the obligation of compensation. Feedback can be provided via email to info@artificialworkflow.com
(c) Respectful Limitations: In using the Services, you agree not to engage in actions that infringe upon, misappropriate, or violate any individual's rights. Furthermore, you may not attempt to reverse assemble, reverse compile, decompile, translate, or uncover the source code or underlying components of the Services' models, algorithms, and systems (excluding instances where such restrictions conflict with applicable law).
It is prohibited to utilize the Services to develop foundation models or other large scale models that compete with Echobase. Data extraction from the Services, including web scraping, web harvesting, or web data extraction methods, is restricted, except as allowed through the API. Additionally, representing output from the Services as human-generated when it is not is strictly prohibited. You must also adhere to rate limits and other requirements specified in our documentation. The Services are intended for use only in supported geographic regions.
(d) Third Party Services: If you use any third-party software, services, or products in conjunction with our Services, their usage will be governed by their own terms. Echobase is not responsible for third-party products and their associated terms.
3. Content
(a) Your Content Ownership: Through the Services, you can provide input ("Input") and receive output ("Output") based on the Input, collectively referred to as "Content." To the extent permitted by applicable law, you retain ownership of all Input you provide. Additionally, subject to your compliance with these Terms, Echobase assigns to you all its right, title, and interest in and to the Output generated for you by the Services. Echobase may utilize Content as necessary for Service provision, compliance with applicable laws, and enforcing our policies. You are solely responsible for your Content, ensuring it complies with all relevant laws and these Terms.
(b) Uploading Files and Data: You have the option to upload your Files and Data to our servers, which are hosted by AWS (Amazon Web Server). Both parties adhere to SOC 2 Compliance. Your uploaded Data and Files are processed to extract relevant information for your queries, presented to you by Echobase.
(c) Similarity of Content: Due to the nature of machine learning, Output may not be unique to individual users, and the Services may produce the same or similar results for different users or Echobase. For instance, if you input a question such as "What color is the grass?" and receive the response "The grass is bright green," other users may also receive the same answer to similar questions. In such cases, responses generated for other users are not considered part of your Content.
(d) Content for Service Improvement: Echobase does not utilize your Content to enhance our services.
(e) Copyright Complaints: If you believe your intellectual property rights have been infringed, please send a notice to the provided email address. We may take action to delete or disable content that is alleged to be infringing and may terminate accounts of repeat infringers. We take intellectual property concerns seriously and strive to maintain a respectful environment for all users.
Requirements for Copyright Infringement Claims:
For claims regarding copyright infringement, written submissions should include the following information:
A physical or electronic signature of the authorized person acting on behalf of the copyright owner.
A description of the copyrighted work that you believe has been infringed.
Details about the specific location on the site where the allegedly infringing material is found.
Your contact information, including address, telephone number, and e-mail address.
A statement from you, affirming in good faith that you believe the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement made under penalty of perjury, attesting that the information provided in your notice is accurate, and you are either the copyright owner or authorized to act on behalf of the copyright owner.
4. Fees and Payments
(a) Fees and Billing: By using our Services, you agree to pay all applicable fees ("Fees") according to the prices and terms stated on the relevant pricing page or as mutually agreed upon in writing. Should any pricing errors or mistakes occur, we reserve the right to correct them, even if an invoice has been issued or payment has been made. To ensure smooth processing, you are responsible for providing accurate and complete billing information, including a valid and authorized payment method.
We will charge your payment method periodically as agreed, but we may reasonably adjust the posting date of the charge. By using our Services, you grant Echobase, its affiliates, and our third-party payment processor(s) authorization to charge your payment method for the applicable Fees. In the event that your payment cannot be successfully processed, we will notify you in writing, and access to the Services may be temporarily suspended until payment is received.
All Fees are payable in U.S. dollars and are due upon invoice issuance. Please note that payments are generally nonrefundable, except as specifically provided in this Agreement. We strive to maintain a transparent and fair payment process to ensure a seamless experience for our valued users.
(b) Taxes: Unless expressly stated otherwise, the Fees associated with our Services do not include federal, state, local, and foreign taxes, duties, or other comparable assessments ("Taxes"). As the purchaser, you are responsible for covering all Taxes related to your purchase, with the exception of Taxes based on our net income. In certain cases, we may issue an invoice for such Taxes to be settled by you.
You are obliged to promptly remit the specified Taxes and furnish us with documentation demonstrating the payment or any additional evidence we may reasonably request. For tax purposes, Echobase utilizes the name and address provided during your account registration as the place of supply. It is your responsibility to ensure that this information remains accurate and up-to-date to facilitate seamless tax compliance. We value transparency in our dealings, and together, we can ensure compliance with applicable tax regulations.
(c) Price Changes: As part of our commitment to transparency, we reserve the right to modify our prices. Any changes to prices will be communicated by posting notices on your account, sent to your email and/or displayed on our website. Price adjustments typically take effect after a 14-day notice period from the date of posting, except in cases of legal requirements or changes to Beta Services (as defined in our Service Terms), where the new prices will be effective immediately.
It is important to note that any price changes will apply to the Fees charged to your account immediately following the effective date of the modifications. We believe in keeping you well-informed about any updates that might impact your account, ensuring that you are always aware of the costs associated with our Services.
(d) Disputes and Late Payments: In the event that you wish to contest any Fees or Taxes, kindly reach out to us at info@artificialworkflow.com within thirty (30) days from the date of the disputed invoice.
In cases where any portion of your Fees becomes past due, we may temporarily suspend your access to the Services. However, prior to taking such action, we will provide you with written notice of the late payment to ensure you have the opportunity to address the matter promptly.
At Echobase, we strive to resolve any billing concerns in a fair and transparent manner, always keeping your best interests in mind.
(e) Free Tier: To maintain fairness and equal opportunities for all users, you are prohibited from creating multiple accounts with the intent of exploiting the credits offered in the free tier of our Services. We encourage genuine and good-faith utilization of the free tier to experience our offerings.
However, should we detect any misuse or non-compliance with the free tier terms, we reserve the right to either apply standard fees or suspend access to the Services. Our aim is to foster a positive and equitable user experience, ensuring that all users can make the most of our Services without unfair advantage.
5. Confidentiality, Security, and Data Protection
(a) Protection of Confidential Information:
Throughout your engagement with Echobase, its affiliates, and other third parties, you may gain access to Confidential Information. Such information should be used solely for the purpose of utilizing the Services, as permitted by these Terms. You are strictly prohibited from disclosing Confidential Information to any third party, and you must exercise the same level of care in safeguarding it as you would with your own confidential information of a similar nature, employing reasonable measures to protect its confidentiality.
Confidential Information refers to nonpublic data designated as confidential by Echobase, its affiliates, or third parties, or information that should reasonably be considered confidential in the given circumstances. This includes, but is not limited to, software, specifications, and other nonpublic business information.
Notwithstanding, Confidential Information does not encompass information that: (i) becomes generally available to the public through no fault of yours; (ii) you already possessed without any confidentiality obligations at the time of its receipt under these Terms; (iii) is disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without utilizing Confidential Information.
In the event that you are legally required or receive a valid order from a court or governmental authority to disclose Confidential Information, you may do so provided that you provide reasonable prior written notice to Echobase AI and make reasonable efforts to limit the scope of disclosure. If possible, you should also cooperate with us in challenging the disclosure requirement. We prioritize the confidentiality of information and trust that you will uphold this principle throughout our engagement.
(b) Security: You must implement and execute fair and suitable actions that aim to fortify your usage of the Services. Should you stumble upon any weaknesses or intrusions associated with your utilization of the Services, it is mandatory that you immediately reach out to Echobase, supplying detailed information about the discovered weakness or intrusion.
(c) Processing of Personal Data: In the event that your utilization of the Services necessitates the handling of personal information, it is required that you offer legally satisfactory privacy statements and acquire the essential authorizations for the management of this data. You assure us that this processing aligns with the relevant legal norms. If you fall under the purview of the GDPR or CCPA and will be employing Echobase to manage 'personal data' as characterized in the GDPR, or 'Personal Information,' it is imperative that you reach out to info@artificialworkflow.com to put into effect our Data Processing Addendum.
6. Term and Termination
(a) Termination: The moment you begin using the Services, these Terms become operational and continue to be so until their termination. You hold the right to bring these Terms to an end at any moment and for any rationale by ceasing to use the Services and Content. We reserve the right to terminate these Terms for any motive by furnishing at least a 30-day prior notice. Should you substantially violate Sections 2 (Usage Requirements), 5 (Confidentiality, Security and Data Protection), 8 (Dispute Resolution), or 9 (General Terms), or if there occur changes in ties with external third-party tech providers beyond our control, or to adhere to legal or government directives, we can immediately terminate these Terms upon notifying you.
(b) Effect on Termination: Following termination, you are expected to cease usage of the Services and without delay return or, if we direct you to do so, discard any Confidential Information. Certain portions of these Terms, dictated by their inherent nature to persist beyond termination or expiry, should indeed endure. This notably includes, but is not limited to, Sections 3 and 5-8.
7. Indemnification; Disclaimer of Warranties; Limitations on Liability
(a) Indemnity: You are expected to safeguard, compensate, and absolve us, our partners, and our staff, from any potential accusations, damages, and costs (including legal fees) that may arise in relation to your utilization of the Services. This includes aspects linked to your Content, products, or services that you devise or propose in association with the Services, and any breach of these Terms or infringement of relevant laws on your part.
(b) Disclaimer: The Services are supplied 'as is.' Except when forbidden by law, we, along with our affiliates and licensors, do not give any guarantees (be it express, implied, statutory, or of any other kind) in relation to the Services. We renounce all such assurances, inclusive but not restricted to those of merchantability, appropriateness for a specific use, satisfactory quality, non-violation, peaceful usage, and any guarantees evolving from any customary commercial practices or dealings. We do not guarantee that the Services will operate without breaks, will be precise or devoid of errors, or that any content will be secure or not misplaced or modified.
(c) Limitations of Liability: Neither we, nor any of our affiliates or licensors, bear responsibility for any indirect, incidental, special, consequential, or exemplary damages, which includes but is not limited to damages for loss of profits, goodwill, usage, or data or any other losses, even if we have been notified of the potential for such damages. Our cumulative liability under these Terms shall not exceed the larger of the amount you have paid for the Service that led to the claim during the 12 months prior to when the liability occurred. The limitations in this section are applicable only to the fullest extent allowed by the relevant law.
8. Dispute Resolution
YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
(a) MANDATORY ARBITRATION: You and Echobase have mutually decided to settle any disputes related to these Terms or our Services through definitive and binding arbitration. However, it is understood that you reserve the option to withdraw from these arbitration conditions, as well as any forthcoming amendments to these arbitration terms, by sending an email to info@artificialworkflow.com within 30 days of accepting these arbitration terms or the corresponding alterations.
(b) Informal Dispute Resolution: We would like to understand and address your concerns before initiating any formal legal proceedings. As such, before launching a claim against Echobase, you agree to make an attempt to settle the dispute in an informal manner. This can be done by providing us with a notice at info@artificialworkflow.com containing your name, a detailed explanation of the dispute, and the resolution you are seeking. If we fail to find a solution to the dispute within a span of 60 days, you are then permitted to commence a formal proceeding. The applicable statute of limitations will be suspended during this 60-day resolution process.
(c) Arbitration Forum: Both parties hold the right to initiate binding arbitration through a provider of such services on which both parties concur. The expenses of the arbitration will be shared equally by the parties involved. Echobase will abstain from requesting reimbursement for its legal fees and other associated costs during the arbitration unless the arbitrator rules that your claim lacks seriousness or is without merit.
(d) Arbitration Procedures: The arbitration process will be carried out via phone, through written presentations, video conferencing, or face-to-face at a location agreed upon by both parties. The arbitrator will be responsible for deciding on all matters, which include, but are not limited to, issues regarding the range, validity, and arbitrability of this Section. The total sum of any settlement proposal will not be revealed to the arbitrator by either side until the arbitrator has made a final decision on the award, if applicable.
(e). Exceptions: This arbitration provision does not necessitate arbitration for the ensuing claims: (i) individual claims initiated in a small claims court; and (ii) requests for injunction or other equitable remedies aimed at halting unauthorized utilization or misuse of the Services, or violations of intellectual property rights.
(f) NO CLASS ACTIONS: All disputes are required to be presented on an individual level only, and are not permitted to be put forth as a plaintiff or a member of an alleged class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are strictly prohibited. If for whatever reason a dispute is handled in court rather than via arbitration, each party knowingly and irrevocably relinquishes any entitlement to a jury trial in any action, proceeding, or counterclaim. However, this does not bar either party from partaking in a class-wide resolution of claims.
(g) Severability: In the event that any portion of this Section 8 is determined to be unlawful or unenforceable, the rest will continue to be effective, with the exception that if a finding of partial illegality or unenforceability would permit class or representative arbitration, then this Section 8 will be completely unenforceable. Nothing in this Section should be construed as waiving or limiting the right to seek public injunctive relief or any other rights that cannot be waived, pending a decision on the substance of such claim from the arbitrator.
9. General Terms
(a) Association of Parties: No partnership, joint venture or agent-principal relationship is established between you and Echobase or any of Echobase associates through these Terms. Both you and Echobase operate as independent contractors and neither party has the authority to commit the other or undertake obligations on the other’s behalf without their prior written agreement.
(b) Brand Usage: Any usage of Echobase or any of its affiliates' names, logos, or trademarks requires our prior written approval. Echbase has the right to use organisation names for general marketing purposes and case studies.
(c) Transfer and Delegation: You are not allowed to assign or delegate any rights or obligations under these Terms, including in the event of a change of control. Any supposed assignment and delegation will be considered null and void. We have the right to transfer these Terms in case of a merger, acquisition or sale of all or essentially all of our assets, to any affiliate or as part of a corporate reorganization.
(e) Alterations: We hold the authority to occasionally amend these Terms by posting a revised version on our website, or if an update considerably negatively affects your rights or responsibilities under these Terms, we'll inform you either by emailing the account associated with your email or by giving an in-product notice. Alterations will not take effect earlier than 30 days following our notification. All other modifications will be immediately effective. Your ongoing use of the Services following any adjustment implies your acceptance of such modification
(f) Notifications: All communications will be in an email format. We may send you notifications using the registration details you furnished or the email account associated with your usage of the Services. Service will be deemed provided on the day of receipt if transmitted via email.
(g) Forbearance and Severability: Should you not adhere to these Terms and Echobase doesn't immediately respond, it shouldn't be interpreted as a waiver of any of our rights. Aside from what's indicated in Section 8, if any portion of these Terms is deemed invalid or unenforceable by a court with jurisdiction, such term will be applied to its fullest legal extent, and this will not impede the enforceability of the remaining terms.
(h) Equitable Remedies: You acknowledge that any violation or breach of these Terms by you could potentially inflict irreparable damage to Echobase and its affiliated entities. In such an event, Echobase AI reserves the right to pursue an injunction against you, in addition to any other recourse available under law.
(i) Complete Agreement: These Terms, along with any policies incorporated herein, represent the full understanding between you and Echobase in relation to the use of the Services. Except for any terms specific to a Service or any relevant enterprise agreements, these Terms override any former or simultaneous agreements, exchanges, or interpretations between you and Echobase concerning this matter.
(j) Jurisdiction, Venue and Governing Law: These Terms will be governed by the laws of the State of Queensland, excluding Queensland's principles or rules of conflict of laws. Aside from what's stipulated in the "Dispute Resolution" section, all disputes originating from or related to these Terms will be exclusively brought to and resolved in the federal or state courts of Queensland, Australia.
Echobase Terms of Service
Effective Date: May 2023
Last Updated: July 2023
Terms of Service
Last modified
July 19, 2023
Welcome to Echobase
When engaging with the diverse range of products and services offered by Echobase, along with our affiliates, including application programming interfaces, software, tools, developer services, data, documentation, and website (collectively referred to as "Services"), these Terms of Service come into effect. The scope of these Terms encompasses our Service Terms and any supplementary documentation, guidelines, or policies provided in written form.
Your utilization of our Services constitutes your agreement to be bound by these Terms. For a comprehensive understanding of how we gather and utilize personal information, please refer to our Privacy Policy. At Echobase, we prioritize clarity and transparency to ensure you are well-informed and confident in your interactions with us.
1. Registration and Access
To access and use our Services, you must be 18 years of age or older, possessing the capacity to enter into a binding agreement with Echobase. Should you choose to use the Services on behalf of another individual or entity, it is imperative that you have the proper authority to accept these Terms on their behalf.
For account registration, providing accurate and comprehensive information is essential. Safeguarding the confidentiality of your access credentials and account is crucial; as such, you may not share them with individuals outside your organization. You bear full responsibility for any and all activities conducted using your credentials. Upholding these principles ensures a secure and smooth experience with our Services at Echobase.
2. Usage Requirements
(a) Utilizing the Services: By accessing and using the Services, you are granted a non-exclusive right to do so, subject to these Terms. Your usage of the Services must adhere to both these Terms and all applicable laws. It is important to note that Echobase and its affiliates retain all rights, title, and interest in and to the Services.
(b) Feedback Appreciation: We welcome and value feedback, comments, ideas, proposals, and suggestions for enhancing our Services. Should you provide any such input, we reserve the right to utilize it without restrictions or the obligation of compensation. Feedback can be provided via email to info@artificialworkflow.com
(c) Respectful Limitations: In using the Services, you agree not to engage in actions that infringe upon, misappropriate, or violate any individual's rights. Furthermore, you may not attempt to reverse assemble, reverse compile, decompile, translate, or uncover the source code or underlying components of the Services' models, algorithms, and systems (excluding instances where such restrictions conflict with applicable law).
It is prohibited to utilize the Services to develop foundation models or other large scale models that compete with Echobase. Data extraction from the Services, including web scraping, web harvesting, or web data extraction methods, is restricted, except as allowed through the API. Additionally, representing output from the Services as human-generated when it is not is strictly prohibited. You must also adhere to rate limits and other requirements specified in our documentation. The Services are intended for use only in supported geographic regions.
(d) Third Party Services: If you use any third-party software, services, or products in conjunction with our Services, their usage will be governed by their own terms. Echobase is not responsible for third-party products and their associated terms.
3. Content
(a) Your Content Ownership: Through the Services, you can provide input ("Input") and receive output ("Output") based on the Input, collectively referred to as "Content." To the extent permitted by applicable law, you retain ownership of all Input you provide. Additionally, subject to your compliance with these Terms, Echobase assigns to you all its right, title, and interest in and to the Output generated for you by the Services. Echobase may utilize Content as necessary for Service provision, compliance with applicable laws, and enforcing our policies. You are solely responsible for your Content, ensuring it complies with all relevant laws and these Terms.
(b) Uploading Files and Data: You have the option to upload your Files and Data to our servers, which are hosted by AWS (Amazon Web Server). Both parties adhere to SOC 2 Compliance. Your uploaded Data and Files are processed to extract relevant information for your queries, presented to you by Echobase.
(c) Similarity of Content: Due to the nature of machine learning, Output may not be unique to individual users, and the Services may produce the same or similar results for different users or Echobase. For instance, if you input a question such as "What color is the grass?" and receive the response "The grass is bright green," other users may also receive the same answer to similar questions. In such cases, responses generated for other users are not considered part of your Content.
(d) Content for Service Improvement: Echobase does not utilize your Content to enhance our services.
(e) Copyright Complaints: If you believe your intellectual property rights have been infringed, please send a notice to the provided email address. We may take action to delete or disable content that is alleged to be infringing and may terminate accounts of repeat infringers. We take intellectual property concerns seriously and strive to maintain a respectful environment for all users.
Requirements for Copyright Infringement Claims:
For claims regarding copyright infringement, written submissions should include the following information:
A physical or electronic signature of the authorized person acting on behalf of the copyright owner.
A description of the copyrighted work that you believe has been infringed.
Details about the specific location on the site where the allegedly infringing material is found.
Your contact information, including address, telephone number, and e-mail address.
A statement from you, affirming in good faith that you believe the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement made under penalty of perjury, attesting that the information provided in your notice is accurate, and you are either the copyright owner or authorized to act on behalf of the copyright owner.