Terms & Condition

Welcome to EchoNests (“we,” “us,” “our”). These Terms of Service (“Terms”) govern your use of our website (https://echonests.com/) and any related mobile or web applications (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

1. Acceptance of Terms

  • By creating an account, logging in, or otherwise accessing any part of the Service, you agree to comply with these Terms, our Privacy Policy, and any other posted guidelines, as each may be amended from time to time.
  • We reserve the right to update or modify these Terms at any time. When changes are made, we will post the revised date at the top of this page. Your continued use of the Service after changes become effective constitutes your binding acceptance of the revised Terms.

2. Eligibility

  • You must be at least 13 years old (or older if required by your local jurisdiction) to use the Service.
  • By using the Service, you affirm that you have the legal capacity to form a binding contract and that you will not use the Service for any unlawful purpose.

3. User Accounts & Registration

  1. Account Creation: To access certain features (e.g., recording or sharing recipes), you must create an account. You may register via Google authentication or by verifying a phone number via SMS.
  2. Account Information: You agree to (a) provide accurate, current, and complete information during registration, and (b) maintain and promptly update your account information to keep it accurate.
  3. Account Security: You are responsible for safeguarding your password and any account credentials. You agree not to share your account credentials with anyone. You must notify us immediately of any unauthorized use of your account or any other breach of security.
  4. Account Termination: You may delete your account at any time by following the instructions in “Account Deletion” (Section 11). We may suspend or terminate your account if we believe you breach these Terms or engage in any prohibited activity.

4. User Roles & Permissions

  • Regular Users: Can view, record, comment on, share, and search recipes.
  • Group Members: Members of user-created groups (families) may access and share recipes within that group and participate in group chat.
  • Super Admin: Our staff (or an appointed delegate) has access to all data and features for maintenance, support, or legal compliance.

5. Service Description & Functionality

Our platform enables users to:

  • Record, upload, and share audio-based recipes (including an optional photo and tags).
  • Create and join groups (families) for recipe sharing.
  • Search for recipes by title or tags.
  • Comment on recipes and reply to others’ comments.
  • Use direct messaging and group chat for private or group communications.
  • Receive push notifications for:
    • New recipes shared in a group you belong to.
    • Comments or replies to your recipes.
    • Requests from other users for a recipe.
  • Submit feedback to developers via a quick feedback form.
  • Access up to 10 most recently downloaded recipes offline.

We may update or discontinue certain features at any time without liability to you.

6. User Conduct & Prohibited Activities

When using the Service, you agree not to:

  1. Violations of Law: Upload or transmit any recipe, comment, image, or content that violates local, national, or international laws.
  2. Intellectual Property: Infringe on the intellectual property rights (patents, trademarks, copyrights, trade secrets) of others.
  3. Misuse of Audio/Images: Upload recorded content that contains music or images you do not own or have permission to use.
  4. Harassment or Hate Speech: Harass, threaten, demean, or defame any person or group.
  5. Objectionable Content: Post content that is obscene, violent, discriminatory, or otherwise objectionable.
  6. Spam & Unsolicited Messages: Send bulk messages, spam, or unsolicited promotions through direct messaging or comments.
  7. Unauthorized Access: Attempt to circumvent authentication or access controls, probe or scan for vulnerabilities, or use any automated means (e.g., scrapers or bots) to access the Service.
  8. Reverse Engineering: Reverse engineer or decompile any portion of the Service.
  9. Impersonation: Impersonate any person or entity or misrepresent your affiliation with any person or entity.
  10. Disruption: Interfere with or disrupt the integrity or performance of the Service, or attempt to gain unauthorized access to any portion of the Service or its systems.

We reserve the right to remove content or suspend or terminate accounts if we determine, in our sole discretion, that the user has violated these Terms.

7. Content Ownership & License

  • Your Content: You retain all ownership rights to your uploaded recipes (audio recordings, photos, tags, comments, etc.). You grant EchoNests a worldwide, royalty-free, non-exclusive, sublicensable license to store, display, reproduce, distribute, and otherwise use your content solely in connection with operating, improving, and marketing the Service.
  • Third-Party Content: Recipes, photos, or other materials uploaded by other users are the property of their respective owners. You agree not to copy, distribute, or create derivative works from other users’ content, except as expressly permitted by the content owner.
  • Feedback: If you provide feedback, suggestions, or ideas about improving the Service, you agree that we may use that feedback without restriction or compensation to you.

8. Subscription, Fees & Payments

  • Currently, all core features of EchoNests are free to use. We reserve the right to introduce paid features or subscription plans in the future.
  • If we launch paid services, we will notify you in advance of any fees, billing frequency, and payment methods. All fees are non-refundable unless otherwise stated in a separate agreement.

9. Privacy & Data Handling

The EchoNests Privacy Policy (see Privacy Policy) describes how we collect, use, and share your personal data. By using the Service, you consent to our collection and use of data as described therein. If you object to any term in the Privacy Policy, you must stop using the Service.

10. Disclaimers & Limitation of Liability

  1. “As-Is” Basis: The Service is provided on an “as-is” and “as-available” basis. We make no warranties, express or implied, regarding the operation, performance, or availability of the Service.
  2. No Medical or Professional Advice: Recipes or other content shared by users are for informational and cultural purposes only. We do not guarantee the accuracy, completeness, or safety of any recipe. Consult a qualified professional before making any dietary or medical decisions based on user-provided content.
  3. Limitation of Liability: To the fullest extent permitted by law, EchoNests and its officers, directors, employees, and agents shall not be liable for any:
    • Direct, indirect, incidental, special, consequential, or punitive damages, including—but not limited to—loss of profits, data, use, goodwill, or other intangible losses (even if we have been advised of the possibility of such damages).
    • Any loss or damage caused by your reliance on or use of the Service, or any content therein.

11. Account Deletion & Termination

  1. User-Initiated Deletion: You may delete your account at any time by navigating to your account settings and selecting “Delete Account.” Upon deletion:
    • Your personal profile will be removed.
    • Recipes or comments you posted may remain visible, but any identifying information (username, profile photo) will be replaced with “Deleted User.”
  2. Termination by Us: We may suspend or terminate your account—and prohibit your use of the Service—if you violate these Terms, if we believe your actions harm other users or our reputation, or for any other reason at our sole discretion.
  3. Effect of Termination: Upon termination or suspension:
    • All licenses granted to you will immediately cease.
    • We may delete or archive your account data in accordance with our Privacy Policy.
    • We are not obligated to return any data or content you uploaded.

12. Governing Law & Dispute Resolution

  • Governing Law: These Terms and any disputes arising out of or related to the Service will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.
  • Informal Resolution: Before initiating arbitration or litigation, the parties agree to attempt to resolve disputes informally by contacting us at support@echonests.com for at least 30 days.
  • Arbitration: If a dispute cannot be resolved informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms will be finally settled by binding arbitration in Vancouver, British Columbia, under the rules of the British Columbia International Commercial Arbitration Centre (BCICAC). Each party will bear its own costs, but the arbitrator may award costs and attorneys’ fees to the prevailing party if permitted by the arbitrator’s rules.
  • Waiver of Class Actions: You agree that any arbitration or litigation will be limited to the individual claim, and you waive the right to participate in any class action.

13. Changes to the Service

We may add, modify, or remove features at any time without notice. Whenever possible, we will inform our users of significant changes via email or in-app notifications. Continued use of the Service after any changes indicates acceptance of those changes.

14. Intellectual Property

  • Ownership: All text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software (“Content”) on the Service are the property of EchoNests or our content suppliers and protected by Canadian and international copyright laws.
  • Limited License: We grant you a limited, revocable, non-exclusive license to use the Service and view the Content for personal, non-commercial purposes.
  • Trademark: “EchoNests,” the EchoNests logo, and other related graphics are trademarks or registered trademarks of EchoNests. You may not use these trademarks without our prior written consent.

15. Indemnification

You agree to indemnify, defend, and hold harmless EchoNests, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

  • Your use of or inability to use the Service;
  • Your violation of any term in these Terms or any law or rights of a third party;
  • Any content you upload, post, or transmit through the Service.

16. Third-Party Links & Services

The Service may contain links to third-party websites, products, or services that are not owned or controlled by EchoNests. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third parties. You access third-party content at your own risk, and you should read the terms and privacy policies of any third-party site before using them.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck, and the remaining provisions will remain in full force and effect.

18. Waiver

No waiver of any breach or default under these Terms shall be deemed a waiver of any subsequent breach or default.

19. Contact Information

If you have any questions about these Terms, please contact us at:

Email: support@echonests.com