These Terms of Service ("Terms") govern your access to and use of the EchoVQ platform operated by ECHO VQ PTY LTD (ABN to be confirmed) ("EchoVQ," "we," "us," or "our").
By creating an account or using the EchoVQ platform, you agree to these Terms. If you do not agree, do not use the platform.
Governing law: These Terms are governed by the laws of Queensland, Australia. Disputes are subject to the jurisdiction of the courts of Queensland.
1. Account Eligibility and Minimum Age
1.1 Age Requirements
You must be at least 13 years of age to create an EchoVQ account. Users in the European Union must be at least 16 years of age (or such lower age as permitted by their member state, minimum 13). Users in the United Kingdom must be at least 13 years of age.
Users under 13 may not self-register. They may only access EchoVQ through a teacher-mediated enrolment with verifiable parental or guardian consent (see Section 10, Teacher Responsibilities).
1.2 Account Accuracy
You represent that all information you provide during registration is accurate and complete. You are responsible for maintaining the security of your account credentials.
1.3 One Account Per Person
Each person may hold one personal account. Teachers may hold one teacher account in addition to a personal student account if they choose to use both.
2. Platform Tiers and Features
EchoVQ operates on a tiered subscription model:
2.1 Free Tier
Access to core vocal analysis and practice exercises
Limited exercise library access
YouTube song imports with 7-day audio file expiry
Basic Q coaching feedback
No mixed audio export
2.2 Plus Tier
All Free features
Extended exercise library access
YouTube song imports with permanent audio file retention
By uploading any content (audio recordings, documents, exercise materials) to EchoVQ, you represent and warrant that:
You own the content, or you have the rights necessary to upload it; or
The content is for personal educational or practice use only, and your use is consistent with applicable fair use, fair dealing, or educational exception provisions under copyright law.
3.2 Licence to EchoVQ
You grant EchoVQ a limited, non-exclusive licence to process, store, and display your uploaded content solely for the purpose of providing the EchoVQ service to you and, where applicable, to your enrolled teacher.
3.3 Prohibited Content
You may not upload content that:
Infringes any third party's copyright, trademark, or other intellectual property rights (except as expressly permitted by applicable law)
Contains harmful, illegal, or abusive material
Violates any applicable law or regulation
4. DMCA Safe Harbour and Copyright
4.1 DMCA Safe Harbour
EchoVQ operates as an online service provider and seeks to comply with the safe harbour provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). EchoVQ does not have actual knowledge of infringing activity, does not receive a financial benefit directly attributable to infringing activity, and responds expeditiously to valid takedown notices.
Note: DMCA safe harbour requires registration of a designated agent with the US Copyright Office. EchoVQ is in the process of completing this registration. Contact legal@echovq.com for current DMCA agent information.
4.2 Designated DMCA Agent
To submit a copyright infringement notice or counter-notice, contact our designated agent:
Name: EchoVQ DMCA Agent
Email: legal@echovq.com
Company: ECHO VQ PTY LTD
4.3 Takedown Procedure
To submit a valid DMCA takedown notice, provide:
A physical or electronic signature of the copyright owner or authorised agent
Identification of the copyrighted work claimed to have been infringed
Identification of the allegedly infringing material and its location on EchoVQ
Your contact information (name, address, phone, email)
A statement of good faith belief that the use is not authorised by the copyright owner, its agent, or the law
A statement, under penalty of perjury, that the information is accurate and you are the copyright owner or authorised to act on their behalf
4.4 Counter-Notice Procedure
If you believe your content was removed by mistake or misidentification, you may submit a counter-notice containing:
Your physical or electronic signature
Identification of the material that was removed and its former location
A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification
Your contact information and consent to jurisdiction of the Federal District Court for your judicial district (or, if outside the US, any judicial district in which EchoVQ may be found)
4.5 Repeat Infringer Policy
EchoVQ will terminate the accounts of users who are found to be repeat infringers. Specifically:
First valid takedown notice relating to a user's account: warning issued, infringing content removed
Second valid takedown notice: content removed, formal written warning, account flagged
Third valid takedown notice: account permanently terminated
EchoVQ reserves the right to terminate accounts after fewer notices where the infringement is egregious.
5. Stem Processing Pipeline
5.1 What We Process
When you import a YouTube song, EchoVQ:
Downloads the audio from YouTube to a temporary processing server
Runs the audio through Demucs (open-source audio separation) to separate vocals from instrumentals
Stores the resulting vocal guide track and backing track in Amazon S3
Makes the tracks available within the EchoVQ platform for practice use
5.2 Storage and Expiry
Free tier: Processed audio files are automatically deleted after 60 days. You can re-import at any time.
Plus/Student tiers: Processed audio files are retained for 1 year.
Teacher tier: Processed audio files are retained permanently.
5.3 Permitted Use
Separated audio tracks are available solely for personal vocal practice within the EchoVQ platform. You may not download or redistribute the separated tracks outside the platform, except as expressly permitted by Section 7 (Mixed Audio Export).
6. Performance Sharing Links
EchoVQ may allow you to generate shareable links to your recorded practice performances. These links:
Enable in-platform streaming only
Do not provide a standalone downloadable audio file to the recipient
May be revoked by you at any time from your account settings
Are not published or distributed by EchoVQ on your behalf
You are solely responsible for the content of any performance you choose to share and for any copyright implications of sharing a performance that incorporates third-party musical works.
7. Mixed Audio Export (Plus Tier)
Important: By using the mixed audio export feature, you explicitly accept full copyright responsibility for any derivative work you create.
The mixed audio export feature allows Plus, Student (where enabled), and Teacher tier users to download a combined audio file containing their vocal recording layered over a backing track derived from a third-party song.
By using this feature, you acknowledge and agree that:
The resulting file may be a derivative work of a copyrighted composition and/or sound recording
You are solely responsible for ensuring your creation and use of such derivative works complies with applicable copyright law
EchoVQ does not represent that your use of this feature is lawful in your jurisdiction
EchoVQ is not liable for any copyright claims arising from your use of mixed audio exports
You will not publish, distribute, or commercialise mixed audio exports without first obtaining all necessary rights and licences from the relevant rights holders
8. YouTube Integration
EchoVQ allows you to import songs from YouTube for vocal practice. By using this feature, you:
Represent that you have the right to use the content for the purpose of importing it into EchoVQ
Acknowledge that downloading YouTube content may conflict with YouTube's Terms of Service and is done at your sole risk
Accept copyright responsibility for the content you choose to import
Agree that EchoVQ's responsibility under DMCA is limited by Section 4 of these Terms
The entire YouTube processing chain — download, audio separation, storage, and export — is covered by your acceptance of these Terms. Your acceptance of copyright responsibility is not limited to the initial download step.
9. Video Recording
Where EchoVQ offers video recording features:
Video recordings of your practice sessions are your own content
You retain full ownership and are solely responsible for your recorded content
When you choose to share recordings externally (outside EchoVQ), you are solely responsible for any privacy, copyright, or legal implications of that sharing
EchoVQ does not publish your video recordings without your explicit consent
10. Teacher Responsibilities
10.1 Student Enrolment
By enrolling a student in EchoVQ, you (the teacher) represent and warrant that:
You have the student's agreement to enrol them in the platform
For students under 13 years of age: you have obtained verifiable parental or guardian consent prior to enrolment
For students aged 13–15: you have obtained parental or guardian consent where required by applicable law in the student's jurisdiction
10.2 Data Responsibility
Teachers act as joint data controllers for their students' personal data on the EchoVQ platform. Teachers are responsible for:
Ensuring students and parents are aware their data is being processed by EchoVQ
Using student data only for legitimate educational purposes
Complying with applicable privacy laws in their jurisdiction regarding student data
10.3 Exercise Content
Teachers who create custom exercises are responsible for ensuring they have the right to use any musical content incorporated in those exercises.
11. Refund Policy
7-day money-back guarantee: If you are not satisfied with your EchoVQ subscription, you may request a full refund within 7 days of your initial purchase or renewal by contacting support@echovq.com.
Conditions:
The 7-day window runs from the date of the charge, not the date you first used the service
Refunds are processed to the original payment method within 5–10 business days
Only one refund per user per subscription type is permitted under this guarantee
Refunds are not available for charges older than 7 days, except where required by Australian consumer law
Nothing in these Terms limits your rights under the Australian Consumer Law.
12. Commission Program
EchoVQ operates a referral and commission program for eligible users. Participation in the commission program is governed by the separate Commission Program Agreement, which is incorporated by reference into these Terms.
Commission program eligibility, rates, payout schedules, and terms are set out in full in that document. In the event of any conflict between these Terms and the Commission Program Agreement regarding commission matters, the Commission Program Agreement prevails.
13. Limitation of Liability and Warranty Disclaimer
13.1 No Warranty
THE ECHOVQ PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
13.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ECHOVQ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM.
ECHOVQ'S TOTAL LIABILITY TO YOU FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID TO ECHOVQ IN THE 12 MONTHS PRECEDING THE CLAIM.
13.3 Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.
14. Termination
EchoVQ may suspend or terminate your account if you violate these Terms, including the repeat infringer policy in Section 4.5. You may terminate your account at any time by contacting support@echovq.com. Termination does not entitle you to a refund except as provided in Section 11.
15. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by email and by posting a notice in the EchoVQ application at least 14 days before the changes take effect. Your continued use of EchoVQ after the effective date constitutes acceptance of the updated Terms.