Terms of Service

1. Agreement to these terms

These Terms of Service (the Terms) are the terms and conditions on which we make the echofolk.ai website (the Site) available to you. They also serve as our terms of use for the Site. By accessing or using the Site you agree to be bound by these Terms. If you do not agree to them, please do not use the Site.

We recommend that you keep a copy of these Terms for your records. We may amend them, and section 17 explains how.

2. Who we are

The Site is operated by [LEGAL ENTITY NAME] (company number [COMPANY REGISTRATION NUMBER]), a company incorporated in the Hong Kong SAR with its registered office at [REGISTERED OFFICE ADDRESS, HONG KONG]. We trade as Echofolk. In these Terms, we, us and our mean that company, and you means the person accessing the Site.

3. Eligibility

The Site is intended for business users and for people aged 18 or over. By using it you confirm that you are at least 18, and that where you use it on behalf of an organisation you have authority to bind that organisation to these Terms. Where you act on behalf of an organisation, you means both you and that organisation.

4. What this website is

The Site is an informational website about Echofolk, a consumer behaviour simulation platform. It describes the platform, our method, and the kinds of commercial decisions the platform is built to inform, and it allows you to join a waitlist for early access.

The Site is not the Echofolk platform. Access to the platform is granted separately and is governed by a separate written agreement. Nothing on the Site is an offer capable of acceptance, and no contract for the supply of the platform comes into existence until we sign such an agreement with you.

5. The waitlist and private beta

Submitting the waitlist form registers your interest in early access. It does not entitle you to access, to any particular timeline, or to any particular commercial terms. We may decide, at our discretion, who to admit to the private beta and when, and we may close the waitlist or the beta at any time.

Any figures shown on the Site relating to founding terms, pricing, capacity, timing or performance are indicative, relate to a product in development, and may change. They do not form part of any contract.

6. Acceptable use

You agree not to:

• use the Site in any way that breaches any applicable law or regulation;
• use the Site in any way that is fraudulent, or has any fraudulent purpose or effect;
• submit information that is false, that belongs to someone else without their permission, or that impersonates any person;
• transmit any material that is defamatory, obscene, offensive, or that contains any virus, worm, trojan, or other harmful code;
• attempt to gain unauthorised access to the Site, the server on which it is stored, or any server, computer or database connected to it;
• attack the Site by means of a denial-of-service attack or a distributed denial-of-service attack;
• scrape, crawl, harvest or otherwise systematically extract content from the Site, or use it to train a machine learning or artificial intelligence model, in each case without our prior written consent;
• reproduce, duplicate, copy, resell or otherwise commercially exploit any part of the Site in breach of these Terms; or
• interfere with, disrupt, or place an unreasonable load on the Site or the networks connected to it.

We may report any breach of this section to the relevant law enforcement authorities and will cooperate with them by disclosing your identity where we are lawfully required to do so.

7. Intellectual property

We, or our licensors, own all intellectual property rights in the Site and in all material published on it, including its text, design, graphics, layout, data visualisations, simulation outputs and software. Those works are protected by copyright and other laws around the world. All such rights are reserved.

You may view, download and print extracts from the Site for your own internal business use, provided you do not modify them, you do not use any illustration, photograph, diagram or graphic separately from the accompanying text, and you acknowledge us as the source. You must not use any part of the Site for commercial purposes without a licence from us.

Echofolk, the Echofolk logo, and our product names are our trade marks. Nothing on the Site grants you any right to use them.

8. Material you send us

If you send us material through the waitlist form, by email, or otherwise, you confirm that you are entitled to send it and that it does not infringe anyone else’s rights. You grant us a non-exclusive, royalty-free licence to use, store and copy that material for the purpose of responding to you and assessing your interest in the platform.

Please do not send us confidential information, trade secrets, or personal data about other people through the Site. If you want to share confidential material with us, ask us first and we will put an appropriate agreement in place. Unsolicited ideas and suggestions are not treated as confidential, and we may use them without obligation or compensation.

9. Third-party links and services

The Site links to third-party websites and uses third-party services, including our hosting provider and the service that relays waitlist submissions to our inbox. Those links and services are provided for your information only. We have no control over their contents and accept no responsibility for them, or for any loss or damage that may arise from your use of them. Your use of a third-party service is governed by that provider’s own terms.

10. No reliance and no advice

The content on the Site is provided for general information only. It is not advice on which you should rely, and it is not investment, legal, accounting, tax or professional advice. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of anything on the Site.

Echofolk produces simulations and estimates of consumer behaviour. Simulated outputs are probabilistic models of how a synthetic population might behave. They are not statements of fact, not guarantees of commercial outcomes, and not a substitute for market research with real people. Any accuracy range, backtest, confidence figure or benchmark shown on the Site describes past model performance in specific tested conditions and is not a promise of future results. Commercial decisions you take in reliance on any output are yours alone.

Although we make reasonable efforts to keep the Site up to date, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or current.

11. Availability and changes

The Site is made available free of charge. We do not guarantee that it, or any content on it, will always be available or uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if the Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to access the Site, and for ensuring that everyone who accesses it through your internet connection is aware of these Terms and complies with them.

12. Disclaimer of warranties

To the fullest extent permitted by law, the Site is provided on an as is and as available basis, and we exclude all conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement.

13. Limitation of liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under the law of the Hong Kong SAR.

Subject to that, and to the fullest extent permitted by law, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with your use of, or inability to use, the Site, or your use of or reliance on any content on it. In particular we will not be liable for:

• loss of profits, sales, business or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation;
• loss of or corruption of data; or
• any indirect or consequential loss or damage.

Our total aggregate liability to you arising out of or in connection with the Site, however arising, will not exceed [LIABILITY CAP, e.g. HKD 10,000].

We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your equipment because of your use of the Site or of any content on it. You are responsible for configuring your own technology and using your own virus protection software.

14. Indemnity

You agree to indemnify us against all liabilities, costs, expenses, damages and losses, including reasonable legal fees, arising out of or in connection with your breach of these Terms, your misuse of the Site, or your infringement of any third-party right.

15. Privacy

We process personal data in accordance with our Privacy Policy and use cookies as described in our Cookie Policy. Please read both before using the Site.

16. Suspension and termination

We may restrict or terminate your access to the Site at any time, without notice, if we reasonably believe you have breached these Terms. Sections 7, 8, 10, 12, 13, 14, 18 and 19 survive termination.

17. General

Changes to these Terms. We may revise these Terms at any time by amending this page. The date shown at the top of the page tells you when they were last revised. Please check this page from time to time, because the revised Terms apply to your use of the Site from the date they are posted. If a change is material we will take reasonable steps to bring it to your attention.

Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force.

No waiver. If we delay in enforcing any of our rights under these Terms, that does not prevent us from enforcing them later.

Assignment. We may transfer our rights and obligations under these Terms to another organisation. You may not transfer yours without our prior written consent.

Entire agreement. These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and us in relation to your use of the Site.

Third-party rights. A person who is not a party to these Terms has no right to enforce any of their provisions.

18. Governing law and disputes

These Terms, their subject matter and their formation, and any non-contractual obligations arising out of or in connection with them, are governed by the laws of the Hong Kong SAR.

You and we agree that the courts of the Hong Kong Special Administrative Region will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the Site.

If you are a consumer resident in the European Economic Area or the United Kingdom, nothing in this section deprives you of the protection of the mandatory consumer law of the country in which you live, or of your right to bring proceedings in the courts of that country.

19. Contact

To contact us about these Terms, write to join@echofolk.ai, or to [LEGAL ENTITY NAME] at [REGISTERED OFFICE ADDRESS, HONG KONG].