Terms and Conditions

Welcome to EchoSphere, an audio-first news platform operated by Gamma Innovations Global Pty Ltd (ABN 672 305 547) ("we," "us," "our," or "Gamma Innovations"). These Terms and Conditions ("Terms") govern your access to and use of the EchoSphere mobile application ("App"), the EchoSphere administration portal, and any associated websites and services (collectively, the "Services").

By downloading, installing, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

1. Description of the Services

EchoSphere is an audio-first news platform that:

• Aggregates news articles from third-party sources (primarily NewsAPI.org).
• Converts written news articles into audio format using artificial intelligence-powered text-to-speech technology (powered by ElevenLabs, Inc.).
• Delivers personalized news feeds based on your selected categories, languages, and regions.
• Provides audio playback with controls including play, pause, seek, skip, background playback, lock-screen controls, and auto-play.
• Offers a library for saving articles, creating playlists, and tracking playback history.
• Sends push notifications with top news stories (subject to your preferences).

2. Eligibility

You must be at least 13 years of age to use the Services. If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you must have the consent of a parent or legal guardian to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements.

3. Account Registration and Guest Access

Registered Accounts

To access the full features of the Services (including personalized feeds, saved articles, playlists, playback history, and subscriptions), you must create an account. Account creation is handled through Microsoft Entra External ID. By creating an account, you agree to:

• Provide accurate, current, and complete information.
• Maintain the security and confidentiality of your account credentials.
• Accept responsibility for all activity that occurs under your account.
• Notify us immediately of any unauthorized use of your account.

Guest Access

You may access limited features of the App without creating an account. Guest users can browse and listen to news articles but cannot save articles, create playlists, sync history across devices, subscribe to Premium, or receive personalized recommendations.

Account Suspension and Termination

We reserve the right to suspend, restrict, or terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms or engaged in conduct that is harmful to us, our users, or third parties.

4. Subscription Plans and Payments

Free Tier

The Free tier provides full access to all news content and audio playback features. Free tier users will experience:

• Audio advertisements inserted between articles (not during article playback).
• Display and banner advertisements within the App.
• Ad frequency is capped to maintain a reasonable listening experience.

Premium Tier

The Premium tier provides an ad-free listening experience. Premium subscribers receive:

• No audio advertisements between articles.
• No display or banner advertisements.
• The same content access as the Free tier (no content is gated behind Premium in the current version).

Payment and Billing

• Premium subscriptions are processed by Stripe, Inc. By subscribing, you authorize Stripe to charge your selected payment method.
• Subscription fees are billed on a recurring basis (monthly or as otherwise stated at the time of purchase).
• Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.
• Prices are displayed in the App at the time of purchase and may be updated from time to time with advance notice.

Cancellation and Refunds

• You may cancel your Premium subscription at any time through your account settings or the Stripe Customer Portal.
• Cancellation takes effect at the end of the current billing period. You will continue to enjoy Premium benefits until the end of the period you have already paid for.
• We generally do not provide refunds for partial billing periods. However, refund requests will be considered on a case-by-case basis in accordance with applicable consumer protection laws, including the Australian Consumer Law.

Free Trial

We may offer free trial periods for Premium at our discretion. At the end of a free trial, your subscription will automatically convert to a paid subscription unless cancelled before the trial period ends.

5. News Content and Third-Party Sources

Content Source

News articles displayed in the App are sourced from third-party providers, primarily NewsAPI.org. We do not create, author, or editorially control the news content.

Content Accuracy Disclaimer

We make no representations or warranties regarding the accuracy, completeness, timeliness, or reliability of any news content. News articles reflect the views and editorial decisions of their original publishers, not of Gamma Innovations. You should verify important information from authoritative sources before relying on it.

Audio Content

Audio versions of articles are generated by artificial intelligence text-to-speech technology. The audio may contain pronunciation errors, unnatural intonation, or other artifacts inherent to AI-generated speech. Audio content is provided for convenience and informational purposes only.

6. Audio Advertisements

For Free tier users:

• Short audio advertisements (typically 10-30 seconds) are played between articles, never during an article.
• Display and banner advertisements may appear on certain screens within the App.
• Ad frequency is capped (for example, one audio ad every few articles).
• Advertisements are served via Google Ad Manager and our internal ad management system.
• You may encounter a brief mandatory listening period before an ad can be skipped.

Premium subscribers are exempt from all advertisements. Upgrading to Premium removes all ads immediately.

We do not use personalized ad targeting based on your profile in the current version of the App. Ads are rotated using basic frequency and priority logic.

7. Push Notifications

If you enable push notifications, you agree to receive:

• Daily "Top Story of the Day" notifications.
• Other informational notifications related to the Services.

You can control notification preferences (including enabling/disabling notifications, setting quiet hours, and limiting daily frequency) within the App's settings. We respect your quiet hours preferences and will not send notifications during your designated quiet period.

Push notifications are delivered via Google Firebase Cloud Messaging (FCM). You may disable notifications at any time through the App settings or your device's notification settings.

8. Acceptable Use

When using the Services, you agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
• Attempt to gain unauthorized access to any part of the Services, other user accounts, or our computer systems.
• Interfere with, disrupt, or place an unreasonable burden on the Services or the infrastructure supporting them.
• Use automated scripts, bots, or scrapers to access or extract data from the Services.
• Circumvent, disable, or interfere with security features, advertisements, or subscription restrictions.
• Reproduce, distribute, publicly display, or create derivative works from the audio content generated by the Services.
• Reverse engineer, decompile, or disassemble any part of the App or Services.
• Impersonate another person or entity or misrepresent your affiliation with any person or entity.
• Use the Services to transmit viruses, malware, or other harmful code.

9. Intellectual Property

Our Intellectual Property

The EchoSphere name, logo, branding, App design, user interface, software code, audio synthesis pipeline, and all associated intellectual property are owned by or licensed to Gamma Innovations Global Pty Ltd. All rights are reserved.

News Content

News articles and their original content remain the intellectual property of their respective publishers and news organizations. We display this content under the terms of our agreement with NewsAPI.org. You may not reproduce, redistribute, or republish news content obtained through the Services.

Audio Content

AI-generated audio versions of articles are produced by our Services for your personal, non-commercial use only. You may not record, redistribute, broadcast, or commercially exploit the audio content.

User Content

If you create playlists or provide feedback, you grant Gamma Innovations a non-exclusive, royalty-free, worldwide license to use such content for the purpose of providing and improving the Services.

10. Disclaimer of Warranties

The Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• That the Services will be uninterrupted, error-free, secure, or free of viruses.
• That news content will be accurate, complete, or timely.
• That audio generated by AI text-to-speech will be free of errors or pronunciation issues.

To the fullest extent permitted by applicable law (including the Australian Consumer Law), we disclaim all warranties not expressly stated in these Terms.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• Gamma Innovations and its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Services.
• Our total aggregate liability for any claims arising from or related to the Services shall not exceed the total fees you have paid to us in the 12 months preceding the claim, or AUD $100, whichever is greater.
• We are not liable for any loss or damage arising from: reliance on news content accuracy; interruptions or unavailability of the Services; actions of third-party service providers; or unauthorized access to your account due to your failure to maintain credential security.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability under the Australian Consumer Law for consumer guarantees.

12. Indemnification

You agree to indemnify, defend, and hold harmless Gamma Innovations and its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Services in violation of these Terms.
• Your violation of any applicable law or regulation.
• Any dispute between you and a third party related to your use of the Services.

13. Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, store, and share your information. By using the Services, you consent to the data practices described in the Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.

14. Termination

By You

You may stop using the Services at any time. To delete your account, use the account deletion option in the App's Profile settings or contact us at info@gammainnovations.com.au.

By Us

We may suspend or terminate your access to the Services at any time, with or without cause and with or without notice. Reasons for termination may include, but are not limited to: violation of these Terms, fraudulent activity, extended periods of inactivity, or discontinuation of the Services.

Effect of Termination

Upon termination:

• Your right to access and use the Services ceases immediately.
• If you have an active Premium subscription, cancellation and refund terms in Section 4 apply.
• We may delete your account data in accordance with our Privacy Policy.
• Sections of these Terms that by their nature should survive termination will continue to apply, including Sections 9 (Intellectual Property), 10 (Disclaimer), 11 (Limitation of Liability), 12 (Indemnification), and 15 (Governing Law).

15. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Services shall be:

1. First, attempted to be resolved through good-faith negotiation between the parties.
2. If unresolved within 30 days, submitted to mediation administered by the Australian Disputes Centre (ADC) in Sydney, NSW.
3. If mediation is unsuccessful, the dispute may be brought before the courts of New South Wales, Australia, and you consent to the exclusive jurisdiction of those courts.

Nothing in this section prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction.

16. Modifications to Terms

We may modify these Terms from time to time. When we make material changes, we will:

• Update the "Effective Date" at the top of this document.
• Provide notice within the App or via email for significant changes.

Your continued use of the Services after modifications are posted constitutes your acceptance of the revised Terms. If you do not agree with the modified Terms, you must stop using the Services.

17. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Gamma Innovations regarding the Services.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure: We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, pandemics, labour disputes, government actions, or failures of third-party services.

18. Contact Us

For questions, concerns, or notices regarding these Terms, please contact us at:

Gamma Innovations Global Pty Ltd
Homebush, NSW, Australia
Email: info@gammainnovations.com.au
Privacy enquiries: privacy@gammainnovations.com.au