ehko.ai Terms of Service

Last Updated Date: July 3, 2025

1. Acceptance of Terms

Welcome to ehko.ai! These Terms of Service (“Terms”) are a binding legal agreement between you and ACIAOSA, LLC, the Florida-based company doing business as ehko.ai (referred to as “ehko.ai,” “Company,” “we,” or “us”). These Terms govern your access to and use of our website, products, and services, including any conversational AI chatbots (“ehkos”) made available on our platform (collectively, the “Services”). By accessing or using the Services in any way, you agree to be bound by these Terms. If you do not agree with these Terms, you may not use the Services.

You represent and warrant that you have the legal authority to enter into these Terms. If you are using the Services on behalf of an organization or entity, you are agreeing to these Terms for that entity and promising that you are authorized to bind that entity to these Terms. In that case, “you” and “your” will refer to the entity. If you have questions about the Terms, please contact us. This section means that by using ehko.ai, you are agreeing to all the terms below. Please read them carefully. If you don’t agree or don’t meet the requirements, do not use the platform.

2. Eligibility and Age Restrictions

• 18+ Only (No Minors): You must be at least 18 years old to create an account or use the Services. Ehko.ai is not intended for and may not be used by individuals under 18. By using the Services, you affirm that you are 18 or older and capable of forming a binding contract. We do not knowingly allow anyone under 18 to register or use the platform, and we do not knowingly collect personal information from minors. If you are under 18, do not attempt to access or use ehko.ai. We reserve the right to request proof of age at any stage to verify compliance. Parents or guardians: if you become aware that your child has provided us with personal information, please contact us and we will promptly remove it. We may in the future adjust our service to be available to certain younger users with appropriate parental consent (for example, if we create an offering suitable for teenagers).

• Account Security: You agree to keep your account credentials (login information) secure and confidential. Do not share your password or let others access your account. You are responsible for all activity that occurs under your account. If you suspect any unauthorized use of your account or any breach of security, you must notify us immediately. We are not liable for any loss or damage arising from your failure to safeguard your account.

• Other Eligibility Criteria: You are only allowed to use ehko.ai if you are not barred from doing so under any applicable laws. For example, if you have been prohibited by law or by us from using the Services (perhaps due to a previous account termination), you must not access the platform. You also must ensure your use of the Services is in compliance with all local, state, national, and international laws, rules and regulations that apply to you.

3. Account Registration and Verification

Using certain features of the Services (such as engaging in unlimited chats or creating an ehko) requires creating an account. When registering, you agree to provide accurate, current, and complete information about yourself and to update it as needed. You must not use false information, impersonate any person or entity, or use a name or username that you are not authorized to use.

• User Accounts: If you sign up as a regular user (to chat with ehkos), registration may be done via email sign-up or using a supported third-party login (e.g., “Continue with Google”). If you use a third-party account (like Google), you allow us to access certain information from that account (such as your name and email) to facilitate your login. You may also be required to verify your email address or identity before accessing certain features (for example, after a trial chat limit is reached, you might need to verify via email or Google to continue). You are responsible for maintaining the confidentiality of your login credentials and for any activities that occur through your account.

• Creator Accounts: To create an ehko (AI persona) and monetize it, you must register as a Creator. Creator onboarding will require identity verification (to ensure you are who you claim to be) and agreement to these general Terms as well as any additional Creator-specific terms or program policies we provide (collectively, “Creator Policy”). We reserve the right to approve or reject any Creator application at our discretion.

• Account Ownership: Accounts are personal to the individual or entity that registers. You may not transfer your account to someone else without our prior written consent. Likewise, you should not use someone else’s account. If you are an entity, you can allow designated employees or agents to manage the account on your behalf, but you remain fully responsible for the account and compliance with these Terms.

We reserve the right to suspend or terminate your account if any registration information provided is inaccurate, false, or misleading, or if you otherwise violate these Terms.

4. Subscription Plans and Payments

Some aspects of our Services are offered free of charge, while premium features (such as unlimited access to certain Creators’ ehkos or exclusive content) may require payment of subscription fees. This section explains how our subscriptions and payments work for both users and Creators.

• User Subscriptions: As a user, to continue beyond free tiers, you will need to subscribe and pay a fee. Subscription options and prices will be clearly presented in the interface when you choose to subscribe. By purchasing a subscription, you authorize us (and our payment processor) to charge the indicated recurring fee to your provided payment method.

• Auto-Renewal: Subscriptions will automatically renew at the end of each billing period, unless you cancel beforehand. We will bill the subscription fee in advance of each period. You can cancel at any time via your account settings or by contacting support, in which case your subscription will terminate at the end of the current paid term (we do not provide prorated refunds for mid-period cancellation, so you will retain access until the period ends). We may offer introductory discounts or trials; the specifics of any such offer will be explained at sign-up, including how any transition to paid pricing works if you don’t cancel before the trial ends.

• Payment Processing: All payments are processed by a third-party payment provider. By providing a payment method, you represent that you are authorized to use that method and you authorize the third-party (on our behalf) to charge the full amount of fees to it. We do not store your full credit card details on our servers; rather, that information is securely handled by the processor. You agree to promptly update your payment information if it changes (e.g., card expiration) to avoid interruption of service. If a payment fails or cannot be processed, we may suspend or cancel your subscription. Prices do not include any taxes that may apply, and you are responsible for any applicable taxes (e.g., sales tax or VAT), which will be charged as required by law.

• Changes to Fees: We may change subscription pricing or add new paid features. If we increase prices for existing subscriptions, we will give you reasonable advance notice (for example, via email or in-app notification) and the opportunity to cancel if you do not agree. Price changes will not apply retroactively and typically will apply only to the next billing cycle after notice. Continuing to use the paid Services after the price change goes into effect constitutes your agreement to pay the new amount.

• No Refund Policy: All purchases are final. Subscription fees (and any other one-time charges) are generally non-refundable, except at our sole discretion or where required by law. For instance, if you accidentally purchased a subscription twice due to a technical glitch, contact us and we will review the situation. If you believe there has been an error in billing, please notify us within 30 days of the charge. We reserve the right to issue refunds or credits at our discretion, and doing so in one instance does not obligate us to do so in the future.

• User Benefits: When you subscribe to a Creator’s ehko, you gain the benefits advertised for that subscription. This often includes unlimited chat with that Creator’s AI, access to any premium content they provide, and possibly other perks defined by the Creator or platform. The specifics can vary by Creator and will be described at the time of subscription. Your subscription is personal and not shareable – please do not share your account with others to give them subscription access.

5. Permitted Use of Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the ehko.ai Services for your personal (or internal business) use. This means you can use our website and apps to chat with available ehkos, create content as a Creator, and utilize other features we provide, as intended. All rights not expressly granted to you are reserved by us. You agree to use the Services only for lawful purposes and in accordance with these Terms and any applicable policies.

• Account Use: You are responsible for any activity on your account, whether or not authorized by you, so please guard your login details. You must use your own account and not an account belonging to someone else.

• Non-Commercial Use (Users): As a user (non-Creator), you agree to use the Services for personal and non commercial purposes. You may not resell, redistribute, or exploit any part of the Service or content (including AI-generated responses) for commercial gain, except as explicitly allowed by these Terms or with our written permission.

• Device Requirements: Using our Services might require a compatible device, internet access, and certain software; you are responsible for any fees or charges from your internet or mobile providers while using ehko.ai. We do not guarantee the Services will work on all devices or with all carriers or networks.

• Beta Features: If we release any beta or experimental features, your use of those may be subject to additional terms and you understand they are provided “as-is” and could be changed or removed at any time.

6. User Conduct and Prohibited Activities

We want ehko.ai to be a safe and enjoyable environment for everyone. You agree not to misuse our Services. In particular, you represent, warrant, and agree that you will not do any of the following while accessing or using ehko.ai:

• Infringe Rights: Upload, post, transmit, or otherwise make available any content (including in training an ehko or in chat messages) that infringes or violates the intellectual property rights, privacy rights, publicity rights, or any other rights of any person or entity. This includes not misusing copyrighted material, trademarks, or proprietary information that you do not have the right to use.

• Unlawful Activity: Use the Services for any unlawful or illegal purpose, or to promote illegal activities. You must comply with all applicable laws and regulations. You may not solicit or facilitate any violation of law (for example, asking an AI for advice to commit a crime is not allowed). Also, you must not use ehko.ai if you are located in a territory embargoed by the U.S. or if you are on a government restricted-party list.

• Harassment/Harmful Content: Post or generate content through the AI that is dangerous, harmful, violent, threatening, harassing, defamatory, obscene, or otherwise objectionable. This includes content that is hate speech or that targets individuals or groups with derogatory language based on race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or any other characteristic. You also agree not to use the Service to exploit or abuse minors in any way.

• Impersonation and Deception: Impersonate any person or entity (unless you are an authorized representative, and even then you must clearly identify yourself as such). As a user, do not pretend to be another user, a moderator, or an ehko.ai staff member.

• Privacy Violations: Do not collect, scrape, or attempt to obtain personal information about other users or Creators without their consent. This includes abstaining from data-mining our platform for personal data. You should also refrain from posting anyone’s sensitive personal information through the Service.

• Security Breaches: Do not probe, scan, or test the vulnerability of our systems or networks, and do not breach or circumvent any security or authentication measures. You must not attempt to gain unauthorized access to any part of the Service (including other users’ accounts, data, or systems). Additionally, distributing viruses, worms, or any malicious code that could harm the Services or users is strictly prohibited.

• Service Disruption: Avoid any behavior that could disrupt or interfere with the normal operation of the Services. This includes not engaging in any form of automated use of the system (such as scripts, bots, or scrapers) that sends more requests to our servers than a human could reasonably produce at the same time, or that crawls/scrapes content or data from the platform without our permission. You also may not use any “spam” tactics, chain letters, junk mail, pyramid schemes, or unsolicited advertisements on or through the platform.

• Reverse Engineering: Do not reverse engineer, decompile, or attempt to extract the source code or underlying algorithms of any part of the Services (including any AI models used by ehko.ai), except to the limited extent allowed by applicable law (and even then, only with prior notice to us). Similarly, you must not modify, adapt, or create derivative works based on the Services without our permission.

• Excessive Use/Load: Do not use automated systems or software to send more messages or requests to the Service than a human could reasonably produce, or otherwise place an unreasonably large load on our infrastructure. If you’re a user chatting with an AI, that means stick to normal usage patterns and respect any rate limits or message caps we impose. If you’re a Creator training an AI, don’t flood the system with excessive data or requests outside of provided tools.

• Competing Services: You agree not to use the outputs or any part of our Services to build or improve a competing product or service. For example, you must not use ehko’s AI-generated responses or our platform’s design to develop your own AI chatbot platform that would compete with ehko.ai. Also, scraping substantial portions of content from our site (like copying chat exchanges or user testimonials for any commercial purpose is prohibited.

• Unauthorized Commercial Use: You may not use the Services to advertise or solicit users to buy or sell products or services outside of ehko.ai without our prior written approval. Creators can promote their own services through their ehkos in appropriate ways as long as it’s honest and not spammy. However, using the platform purely as a lead-generation for unrelated businesses or posting irrelevant promotional content is not allowed.

• AI Behavior Hacking: Do not attempt to intentionally trick or manipulate the AI to violate content guidelines. For example, do not try to get the AI to produce disallowed content by using loopholes or special prompts. If you find that the AI is outputting content it shouldn’t, please report it rather than exploiting it.

If you engage in any of the prohibited activities above or otherwise violate these Terms, it may result in immediate termination or suspension of your account and access, and potentially legal action if warranted. We reserve the right to investigate any potential misuse of our Services and to cooperate with law enforcement in such matters. You also acknowledge that a breach of the prohibitions above may subject you to civil, criminal, or administrative penalties and damages.

7. Content and Intellectual Property

7.1 Ownership of Content

• Your Content: User Submissions. The term “User Submissions” refers to any content that users (including Creators and end-users) post, upload, share, submit, or otherwise provide on or through the Services. This includes the data and materials Creators upload for their ehkos (text, documents, images, etc.), profile information, as well as messages or content that users send in chats or feedback, and any other contributions (like posts in a future forum or testimonials). You retain ownership of your User Submissions. In other words, as between you and ehko.ai, any original content and information you provide remains yours.

7.2 License Grant to Company

• By submitting or uploading any User Submission, you hereby grant ehko.ai and our affiliates, contractors, and service partners a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, host, store, copy, distribute, modify, create derivative works of, publicly display, and publicly perform your User Submissions solely for the purposes of operating, providing, and improving the Services . This includes, for example, the right to process your text through our AI models, the right to display content (like your profile or your AI’s responses) to other users, and the right to make backup copies of your data on our servers. It also includes the right to adapt or modify content as needed for technical reasons (e.g., reformatting a document so it can be processed by our AI, or resizing an image for display). If you terminate your account or remove specific content, any existing uses (for example, a conversation already had with an ehko, testimonials, or an anonymized piece of data in our training set) may persist.

• Importantly, if your User Submission includes personal data, our use of that data is also governed by our Privacy Policy and applicable laws. We will not publicly disclose your private communications or personal info except as permitted by the Privacy Policy.

7.3 License Grant to Other Users

• If you share content in a way that other users can access it, then you grant those other users of the Service a non-exclusive license to access and use that content for their personal, non-commercial purposes in connection with their use of the Services. For instance, if a Creator posts a PDF for their subscribers, the subscribers have the right to download and read that PDF for themselves, but not to redistribute it outside the platform. If a user posts a comment or question publicly, other users can read it and respond. This license to other users continues until you remove the content from the Service, and for a reasonable time thereafter (to allow for caching or backups). If the content has been shared or stored by those users, that is beyond our control, but we expect users to respect intellectual property and not exploit others’ content outside of what’s allowed.

7.4 Content Guidelines and Moderation

• All User Submissions must follow our guidelines and policies. We do not pre-screen all content, but we reserve the right (though not the obligation) to review and remove or disable access to any User Submission at our discretion for any reason, including if we believe it violates these Terms or applicable law. This can include editing parts of content, removing them, or restricting who can view them. We can take these actions with or without notifying you, though we will generally try to notify Creators if we remove their content unless it’s due to something urgent like illegal material. We are not responsible for the content that users or Creators provide via the Services, and we do not endorse any opinion, recommendation, or advice expressed by users or AIs on the platform.

7.5 DMCA and Copyright Infringement

• It is our policy to respond to clear notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). If you believe that any content on our Services infringes your copyright, you (or your agent) may send us a written notice requesting removal or blocking of the infringing material. The notice must include: identification of the copyrighted work you claim is infringed, identification of the material that you claim is infringing (with URL or description sufficient to locate it), your contact info, a statement that you have a good faith belief the use is not authorized, a statement under penalty of perjury that your notice is accurate and you are the owner or authorized to act, and your physical or electronic signature. Please send such notices to hi@ehko.ai (Subject: “DMCA Notice”). We will investigate and, if appropriate, remove the content and notify the user who posted it. We also reserve the right to terminate accounts of repeat infringers in appropriate circumstances.

• If your content was removed due to a DMCA notice and you believe it was wrongfully taken down, you can send us a counter-notification with the information required by the DMCA (essentially, identification of the removed content, a statement under penalty of perjury that it was removed by mistake or misidentification, consent to jurisdiction, etc.). We will forward that to the complaining party and follow the DMCA process.

7.6 Company Content and Rights

• Our Content: The Services themselves (including all software, code, databases, AI models, interfaces, website design, look and feel, and compilations of content) and much of the content made available through the Services (e.g., text in our site, graphics, logos, button icons, images, audio clips, editorial content) are owned by or licensed to ehko.ai and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. We (and our licensors) retain all rights, title, and interest in and to the Services and this content. For clarity, while you own your User Submissions, all rights in our platform and technology (including any enhancements or derivative works of your content created by our AI or our processing, such as an AI model’s learned representation of your style) remain with us. You are granted no ownership or license to our content except as explicitly provided in these Terms.

• Our License to You: We grant you a limited license to access and use our content for the purpose of using the Services in accordance with these Terms. Except for your own User Submissions, you may not copy, modify, translate, distribute, perform, display, create derivative works of, or otherwise exploit any part of the Services or content that is not owned by you without prior written consent from us or the respective owner. This means you shouldn’t scrape and republish content from our site, and you shouldn’t take AI responses or Creator content and sell or post them elsewhere en masse. If we explicitly enable certain sharing features (like sharing a snippet of a chat on social media via a provided link), that is allowed as intended by that feature.

• Trademarks: “ehko” and our logo and any other product or service names or slogans that appear on the Services are trademarks of ACIAOSA, LLC or our affiliates. You must not use these without our prior written permission. Other trademarks that may appear (like a Creator’s brand name) are the property of their respective owners. Using our Services does not give you any right or license to use any trademarks displayed on the Services.

• Feedback: We appreciate feedback, comments, and suggestions to improve ehko.ai. If you choose to provide feedback, you agree that we are free to use it without any restriction or compensation to you, and you irrevocably assign to us all right, title, and interest in that feedback. This helps us incorporate your suggestions without complication.

7.7 AI-Generated Content Disclaimer

The content that an “ehko” (AI chatbot) generates in response to user inputs is AI-generated content. While we and the Creators strive to train each ehko to be accurate, helpful, and true to the Creator’s persona, these AI responses are ultimately automated predictions and not authored by a human in real time. As such, you acknowledge and agree to the following:

• Entertainment and Informational Purposes: Ehkos are primarily provided for conversational entertainment, education, and general informational purposes. They do not speak on behalf of the actual Creator in any official capacity and their responses do not constitute professional advice (even if the Creator is a professional in a field) or real-time communications from the Creator. For example, if an ehko of a fitness influencer gives you workout tips, understand that those tips are generated by AI based on the influencer’s content, not personally vetted by the influencer or by a medical professional at that moment. Use your own judgment and, if needed, consult a qualified expert before relying on any advice that could affect your health, finances, or well-being.

• No Guarantee of Accuracy or Completeness: AI-generated responses may sometimes be incorrect, misleading, or outdated. The ehko might “hallucinate” information i.e., make up an answer that sounds confident but is not factually correct. It might also lack context or misunderstand your question. You should not rely on any single AI response as factual without verification. We do not guarantee the correctness or completeness of any AI-provided information. If you find that an ehko is giving problematic answers (wrong, offensive, etc.), please provide feedback (e.g., via the rating system) and consider double-checking important info from reliable sources.

• Potentially Offensive or Biased Content: Despite content moderation efforts, the AI could produce content that is inappropriate or biased. The responses are influenced by the training data provided by the Creator and general AI model training. There may be instances where an ehko’s response is unexpected or even bothersome. We are continually working to minimize harmful outputs. By using the chat, you understand and accept the risk that you may be exposed to content that could be considered objectionable. You agree that we are not liable for any statements or content generated by the AI or for any actions you take in response to the AI’s output.

• Not Real-time Human Interaction: Unless explicitly indicated (for instance, a Creator joins a chat session as themselves, which will be clearly noted by the system), you are conversing with a computer program, not a live person. The phrasing like “I” or any personal stories told by the ehko are part of the persona and content given to it, not necessarily direct quotes from the real Creator’s life at that moment. The Creator is not typing those responses in real time (unless indicated as a live chat takeover). So, do not expect the empathy or accountability you would from a human conversation; treat it as an algorithmic interaction.

Given these points, use the information from the AI responsibly. We disclaim all liability for actions taken based on AI-generated content. If you have a dispute or issue with something an AI said, you acknowledge it is not the same as a statement made directly by the Creator or by us. That said, we take user experience seriously, and if you encounter harmful content, we want to hear about it so we can refine our models and training; please provide feedback on responses you receive or contact us directly.

8. Termination of Use

• By You: You may stop using our Services at any time. If you wish to delete your account, you can do so through the account settings (if available) or by contacting our team with your request. Deleting your account will typically terminate your access to any subscriptions or content. Keep in mind that some data may persist per our Privacy Policy (e.g., for legal compliance or in backups), and any User Submissions you provided that were shared with others or used in an anonymized way may continue to be used as permitted in these Terms and the Privacy Policy.

• By Us: We reserve the right to suspend or terminate your access to the Services (or certain features of the Services) at any time, with or without notice, for any reason. We may do so if, for example, we believe you have violated these Terms, or if you create risk or possible legal exposure for us, or if our provision of the Services to you is no longer commercially viable. We will attempt to notify you via the email or other contact info associated with your account (if available) of any such termination or suspension, where practicable. In some cases, we might choose to suspend access (like put a hold on your account) rather than fully terminate, while we investigate suspected misconduct or await compliance (for instance, asking you to verify something). If your account is terminated (by you or by us), your right to use the Services will immediately cease, and any licenses or rights granted to you in these Terms will end. We may disable your account and prevent you from accessing it, including any of your content stored therein (though in some cases we may provide you a chance to retrieve your content, such as documents you uploaded, unless the termination was for serious violation or legal reasons that prevent it).

• Effect on Creator Subscribers: If you are a user subscribed to one or more Creators and either you delete your account or we terminate it for cause, note that you may lose access to those subscriptions without refund (as this would be considered a result of your voluntary action or breach). If we terminate your account in error or as part of a service discontinuation, we will endeavor to provide appropriate remedies (like a refund for the remaining subscription period if applicable). If a Creator you subscribed to is terminated or leaves the platform, we will attempt to notify subscribers and may provide a pro-rata refund for the remaining portion of your subscription or some alternative compensation, at our discretion. If you have subscribed to a Creator’s products and services not serviced directly inside the ehko platform, these subscriptions may not terminate when you delete your ehko.ai account.

• Survival: Even after termination of your account or these Terms, certain provisions will survive. These include sections relating to intellectual property rights, disclaimers of warranties, limitations of liability, dispute resolution, and any other terms that by their nature should survive, as well as any accrued rights to payment and any provisions required to interpret the Terms. The “License Grant to Company” on your User Submissions survives to the extent needed for us to maintain proper business records, protect legal interests, or use anonymized data for improvement, but not for new public uses except in aggregated form.

• Terminating your account or access does not relieve you of any obligation to pay any outstanding fees or resolve any disputes. If you wish to later rejoin after a termination, you will need our consent (and we may have conditions, such as assurances of compliance).

9. Changes to the Services

We are continually evolving and improving ehko.ai. Thus, the Services may change over time. We reserve the right to add, remove, suspend, or alter functionalities, features, specifications, or entire portions of the Services at any time. We also reserve the right to discontinue the Services entirely (though we hope to avoid that and would provide notice if it were to occur).

• If a change negatively affects a paid feature you have subscribed to, we will make reasonable efforts to notify you (for instance, if we remove or substantially modify a feature that formed a core part of a subscription offering). If we discontinue the Services in full, we will provide advance notice to users and Creators when possible, and likely offer prorated refunds for any remaining subscription periods beyond the shutdown date.

• Your continued use of the Services after changes are made constitutes your acceptance of those changes. If you do not like a change, your sole remedy (apart from any refund rights just mentioned) is to stop using the Services. The platform is provided “as is” and we are not obligated to maintain any particular aspect of it as we grow and adapt, but we always value user feedback and will often implement changes to enhance, not detract from, the user experience.

10. Disclaimers of Warranties

• Use at Your Own Risk: ehko.ai is provided on an “AS IS” and “AS AVAILABLE” basis. While we strive to provide a great service, we make no warranties or guarantees that the Services will meet your expectations or requirements, or that they will be uninterrupted, error-free, or completely secure. Your use of the platform is at your own risk.

• No Warranty of Accuracy: We specifically do not guarantee the accuracy, reliability, or quality of any information or content obtained through the Services – particularly AI-generated content. This includes not warranting that the advice, answers, or statements provided by any ehko are true, correct, or reliable. It also includes not warranting user or Creator content. You are solely responsible for any actions or decisions you make based on information you get from the Services.

• No Implied Warranties: To the fullest extent permitted by law, we disclaim all warranties and conditions of any kind, whether express, implied, or statutory, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non infringement. We make no warranty that the Service will yield any specific results (e.g., that you will gain any particular number of followers or income as a Creator, or any personal improvement as a user). We don’t warrant that any defects or errors will be corrected, or that the Service will be free of viruses or other harmful components. If applicable law does not allow the exclusion of certain warranties, then some of the above exclusions may not apply to you. In such cases, any required warranty is limited to the shortest period and fullest extent allowed by law.

• Third-Party Services: We aren’t responsible for services or content provided by other companies that you might access through our platform. For example, if you click a link to an external site, or use a payment processor service for payments, those are out of our control. We make no guarantees regarding any third-party software or services (like the uptime of our payment processor, or the performance of Google sign-in) even though they may affect your use of our Services.

• Beta Services: Any beta or trial features are provided “as is” without any warranty whatsoever, explicit or implied. They are often experimental and could have known or unknown issues. Use them only if you are willing to accept these risks.

11. Limitation of Liability

• To the maximum extent permitted by law, in no event shall ehko.ai (ACIAOSA, LLC) or its directors, officers, employees, agents, partners, or suppliers be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Services, even if we have been advised of the possibility of such damages. This includes, without limitation, damages resulting from any of the following:

  • Your reliance on any content obtained through the Services (e.g., following advice from an AI that turned out badly).

  • Mistakes, omissions, interruptions, deletion of files or data, errors, defects, viruses, delays in operation or transmission, or any failure of performance of the Services.

  • The cost of procurement of substitute goods or services (for example, if our Service is unavailable or you are dissatisfied and you incur costs to get an alternative service).

  • Unauthorized access to or alteration of your transmissions or data (for instance, if a malicious actor gains access to your account due to no fault of ours).

  • Statements or conduct of any user, Creator, or AI on the platform (we are not responsible for what others or the AI say or do).

• In no event will our total liability for all claims relating to the Services exceed the amount you paid us, if any, in the 12 months preceding the claim (or $100 USD, whichever is greater) . For example, if you have paid $50 in subscription fees in the past year, our maximum aggregate liability to you for any and all claims will be $100. This limitation applies cumulatively to all types of claims and damages, whether in contract, tort (including negligence), strict liability, or any other legal or equitable theory. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not fully apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

• Essential Purpose: You acknowledge that we have entered into these Terms relying on the disclaimers of warranty and the limitations of liability set forth herein, and that they form an essential basis of the bargain between you and us. Without these limitations, we would not be able to offer the Services to you on the same terms, or perhaps at all.

12. Indemnification

• You agree to indemnify, defend, and hold harmless ACIAOSA, LLC (ehko.ai) and its affiliates, and each of their respective officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) that arise out of or relate to: (a) your use or misuse of the Services; (b) your violation of these Terms or any applicable law or regulation; (c) your infringement or violation of any rights of a third party (for example, if you upload content that infringes someone’s copyright or privacy and we get sued because of it); or (d) if you are a Creator, any content you provide (including the training data for your ehko) or any representations you make via your ehko that cause harm or damages.

• We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you agree to cooperate with our defense). You agree not to settle any such matter without our prior written consent, as settlement without consent could prejudice our rights or impose obligations on us. We will use reasonable efforts to notify you of any such claim or demand that we become aware of. This indemnification obligation will survive termination of your account or the Services.

13. Dispute Resolution and Governing Law

13.1 Governing Law

• These Terms and any dispute arising out of or in connection with them or the Services will be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of law provisions. However, if you reside outside the United States, there may be certain consumer protection laws or regulations in your country that apply for your benefit and cannot be waived by contract; we do not seek to override those protections if they are legally required.

• For users in the United States, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern the interpretation and enforcement of the arbitration provisions in Section 14.2.

13.2 Arbitration Agreement

• Please read this section carefully. It affects your rights and will impact how claims you and we might have against each other are resolved. By agreeing to these Terms, you agree that most disputes will be resolved by binding arbitration, and you are waiving the right to a trial by jury or to participate in a class action for those disputes. Arbitration is less formal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury, but arbitrators can award similar relief.

• Agreement to Arbitrate: You and ehko.ai agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Services (collectively, “Disputes”) will be resolved through final and binding individual arbitration administered by a recognized arbitration provider (such as the American Arbitration Association, “AAA”) in accordance with its applicable rules (including any consumer-specific rules for disputes under a certain dollar amount), except as noted below under “Exceptions”. This includes disputes based on any legal theory (contract, tort, statute, fraud, misrepresentation, etc.) and regardless of when the claim arises (during or after use of the Services).

• Exceptions: There are only two exceptions to this arbitration agreement:

  • Small Claims Court: Either party may bring an individual claim in small claims court only if the claim qualifies under that court’s rules and seeks solely monetary relief within the court’s jurisdictional limits. This exception applies strictly to personal, low-value disputes and does not extend to claims involving injunctive relief, content takedowns, account suspensions, subscription issues, or disputes concerning the use or operation of the platform. Any such matters must be resolved through binding arbitration as described in this Agreement.

  • Injunctive or Equitable Relief for IP Protection: Either party may seek injunctive or equitable relief in a court of competent jurisdiction only to prevent actual or threatened infringement, misappropriation, or violation of their own intellectual property rights, including copyrights, trademarks, trade secrets, or patents. This exception is strictly limited to protecting proprietary rights and does not authorize bypassing arbitration for general disputes, user-generated content complaints, or contract-related issues.

• Arbitration Process: To initiate arbitration, the complaining party must send a written demand for arbitration to the other party (in our case, to ACIAOSA, LLC’s contact address, and in your case, to the most recent email or address on file or another method if provided). The arbitration will be conducted by a single arbitrator. If the AAA is used, it will be under the AAA’s Consumer Arbitration Rules if applicable, or other appropriate rules if not. You can find their rules on the AAA website. If AAA is not available, the parties will agree on an alternative arbitral forum or the court can appoint one. The arbitration may be conducted in person in Miami-Dade County, Florida, or another mutually agreed location. It may also be conducted remotely via video conference or, for small claims or at the arbitrator’s discretion, based on submissions.

• Fees: Each party is responsible for their own attorneys’ fees, but if your claim is for less than $10,000 and you cannot afford arbitration fees, we will pay those fees for you (unless the arbitrator determines your claims are frivolous). Likewise, we won’t seek attorneys’ fees from you in arbitration unless the arbitrator finds your claims frivolous or made in bad faith.

• Authority of Arbitrator: The arbitrator shall follow the substantive law of the State of Florida (and federal law, including the Federal Arbitration Act, where applicable) and can award the same damages and relief as a court (including attorneys’ fees if the law provides for it). The arbitrator’s award will be final and binding, and judgment on the award may be entered in any court with jurisdiction. An arbitrator’s decision and award is typically confidential, except that it may be confirmed by a court as needed.

• Class Action Waiver: You and we agree that any arbitration (or court proceeding, if applicable) will be conducted on an individual basis only and not in a class, consolidated, or representative action. The arbitrator shall not consolidate or join the claims of multiple parties and shall not have authority to hear any class or representative action or award relief to anyone but the individual party in arbitration. You further agree that you have expressly waived the right to participate in a class action against us.

• 30-Day Opt-Out Right: If you do not wish to be bound by this arbitration agreement and class action waiver, you must notify us by emailing hi@ehko.ai within 30 days of first accepting these Terms, stating that you opt out of the arbitration agreement. Include your name, account information (if applicable), and a clear statement that you want to opt out of arbitration. Opting out will not affect any other provisions of these Terms (such as the license grants, disclaimers, etc.). If you opt out, you and we agree that disputes will be resolved in the state or federal courts located in Miami, Florida, and you waive any objection to jurisdiction and venue in those courts. If you do not opt out within 30 days, you will be bound to arbitrate disputes under these terms.

• Severability of Arbitration Terms: If any part of this arbitration agreement is found to be invalid or unenforceable, that specific part shall be severed, and the remainder shall remain in full force and effect.If the class action waiver is found unenforceable, you agree that any claims must be brought on an individual basis in arbitration, unless a court of competent jurisdiction determines that the waiver of class proceedings, in combination with the requirement to arbitrate, renders the arbitration agreement as a whole unenforceable. Only in that limited circumstance shall the entire arbitration agreement be deemed null and void.If the arbitration agreement is held unenforceable in its entirety, you and the Company agree that any dispute must be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you and we both consent to personal jurisdiction and venue in those courts. This arbitration agreement will survive the termination of your relationship with us.

13.3 Time Limit to Bring Claims

• Any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred. This means if you have a dispute, you need to take action on it within 12 months, otherwise you waive the claim. This time limit may not apply to some statutory claims or certain consumer protection claims that by law cannot be shortened, but to the extent permitted it applies.

14. Miscellaneous

• Entire Agreement: These Terms (including any additional terms or policies incorporated by reference, such as the Privacy Policy and any Creator-specific terms or guidelines) constitute the entire agreement between you and ACIAOSA, LLC regarding the Services, and supersede all prior agreements, understandings, or representations (whether oral or written) about the Services. Any waiver of any provision of the Terms will be effective only if in writing and signed by an authorized representative of ehko.ai.

• Modifications: Any amendment or modification of these Terms (other than updates we post, as described in acceptance and changes sections) must be in a written form signed by both you and us. However, we may revise these Terms from time to time as our Services evolve; when we do, we will notify users in accordance with the procedures outlined earlier (such as via posting the updated Terms and updating the “Last Updated” date, and additional notice for material changes). If you do not agree to the modified terms, you should discontinue your use of the Services. By continuing to use the Services after changes come into effect, you agree to the revised Terms.

• No Waiver: If we fail to enforce any right or provision of these Terms, that is not a waiver of our right to do so later. Similarly, if any user fails to comply with these Terms and we don’t take action immediately, it doesn’t mean we are giving up any rights under the Terms, and we may still take action in the future.

• Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. For example, if one section is found unlawful, the rest isn’t thrown out; we just remove or reform that one section.

• Assignment: You may not assign or transfer these Terms (in whole or in part) or any rights or obligations hereunder to any other person or entity without our prior written consent. Any attempt by you to assign without consent is void. We may assign these Terms or any rights hereunder without your consent to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. These Terms will bind and insure to the benefit of the parties, their successors, and permitted assigns.

• Relationship of Parties: You and we are independent contractors under these Terms. These Terms do not create any joint venture, partnership, employment, or agency relationship. Neither party has authority to bind the other or act on behalf of the other as to third parties.

• Force Majeure: We 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. This includes things like power outages, internet failures, strikes, pandemics, natural disasters, war, terrorism, governmental action, or other events of “force majeure.” We will do our best to resume service as soon as practicable.

• Notices: We may provide notices or communications to you by email (to the address associated with your account, if any), by physical mail (if you provided a mailing address), via in-app notifications, or by posting on our website. You consent to receive electronic communications from us. You are responsible for keeping your contact information up-to-date. Official legal notices to us should be sent to our registered agent address on file with the Florida Division of Corporations (which can be found via Sunbiz.org) and a copy emailed to hi@ehko.ai, Attn: Legal.

• Headings and Summaries: Headings in these Terms are for convenience only and have no legal or contractual effect. Where we have included brief summary paragraphs or italicized notes, these are provided for readability and are not legally binding or exhaustive; the full text of each section governs.

• Language: These Terms are written in English. If we provide a translation, it’s for convenience only. In the event of any conflict between the English version and a translated version, the English version will control.

Contact Information: If you have any questions or concerns about this agreement, you may contact us at:

Email: hi@ehko.ai

Mail: ACIAOSA, LLC (ehko.ai) – P.O. Box 11934, Miami, FL 33101

We will do our best to respond and address your inquiry. We appreciate your engagement with ehko.ai and hope you enjoy creating and engaging with your favorite ehkos!