Terms and Conditions

1.1 "Agreement" means these Terms and Conditions, together with the Privacy Policy, any Subscription Agreement, any supplemental terms posted on the Platform, and any other documents incorporated herein by reference, all of which constitute the entire binding contract between you and ORA ECHO LLC.

1.2 "Company," "We," "Us," or "Our" refers to ORA ECHO LLC, a limited liability company organized and existing under the laws of the United States, together with its officers, directors, members, managers, employees, agents, affiliates, successors, assigns, licensors, and service providers.

1.3 "Platform" means the Aurexecho website accessible at aurexecho.com and any associated subdomains, mobile applications, progressive web applications, application programming interfaces (APIs), software development kits (SDKs), browser extensions, embedded players, and any other digital interfaces or services operated by ORA ECHO LLC, whether currently existing or developed in the future.

1.4 "User," "You," or "Your" means any individual or entity that accesses, browses, registers on, subscribes to, or otherwise uses the Platform in any capacity, including without limitation registered account holders, subscribers, free-tier users, trial users, guests, and any person acting on behalf of an organization.

1.5 "Content" means all audio recordings, audiobooks, audio dramas, serialized audio fiction, music, sound effects, ambient audio, voice performances, scripts, transcripts, metadata, cover artwork, images, graphics, text, data, software, interactive features, and any other material made available on or through the Platform, whether created by the Company, licensed from third parties, or submitted by Users.

1.6 "User Content" means any content, data, information, feedback, reviews, ratings, comments, or other material submitted, uploaded, posted, transmitted, or otherwise made available by a User through the Platform.

1.7 "Subscription" means a paid recurring access plan (including but not limited to Premium and All-Access tiers) that grants the subscribing User certain rights to access Content on the Platform for the duration of the applicable billing cycle, subject to the terms herein.

1.8 "Subscription Fee" means the recurring monetary amount charged to a User's designated payment method in exchange for access to a Subscription tier, as set forth on the Platform's pricing page and subject to change in accordance with Section 6.

1.9 "Free Tier" means the limited, no-cost access level that permits a User to access designated free Content on the Platform without payment, subject to all restrictions and limitations set forth in this Agreement.

1.10 "Intellectual Property Rights" means all patents, patent applications, utility models, copyrights, moral rights, trademarks, trade names, service marks, trade dress, trade secrets, know-how, database rights, rights in designs, rights in computer software, and all other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for and be granted such rights, in each case existing anywhere in the world.

1.11 "Third-Party Services" means any products, services, platforms, applications, websites, or content provided by parties other than ORA ECHO LLC that may be accessed through, integrated with, or linked from the Platform, including without limitation payment processors, analytics providers, cloud infrastructure providers, and content delivery networks.

1.12 "Personal Data" means any information that identifies or could reasonably be used to identify a natural person, including but not limited to name, email address, payment information, IP address, device identifiers, and usage data, as further described in the Privacy Policy.

1.13 "Dispute" means any claim, controversy, or disagreement of any kind arising out of or relating to this Agreement, the Platform, or the relationship between you and ORA ECHO LLC, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.

1.14 "Force Majeure Event" means any circumstance beyond the reasonable control of ORA ECHO LLC, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, government action, regulatory changes, labor disputes, power outages, internet disruptions, cyberattacks, or failures of third-party infrastructure.

1.15 "Confidential Information" means any non-public information disclosed by ORA ECHO LLC to a User in connection with the Platform, including but not limited to proprietary technology, business strategies, pricing structures, and unreleased content.

2.1 Binding Agreement. By accessing, browsing, registering on, subscribing to, or otherwise using the Platform in any manner, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement in its entirety. If you do not agree to any provision of this Agreement, you must immediately cease all use of the Platform and, if applicable, cancel your account.

2.2 Methods of Acceptance. Acceptance of this Agreement is manifested by any of the following actions, without limitation: (a) clicking "I Agree," "Accept," "Sign Up," "Create Account," or any similar button or checkbox; (b) accessing or browsing any portion of the Platform; (c) completing the account registration process; (d) initiating or completing a subscription purchase; (e) using any feature, service, or Content available through the Platform; or (f) continuing to use the Platform after receiving notice of any modification to this Agreement.

2.3 Electronic Acceptance. You acknowledge and agree that your electronic acceptance of this Agreement constitutes a legally binding signature under applicable federal and state electronic signature laws, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., and the Uniform Electronic Transactions Act (UETA) as adopted in the applicable jurisdiction.

2.4 Authority to Accept. If you are accepting this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have full legal authority to bind such entity to this Agreement. In such case, "you" and "your" shall refer to both the individual and the entity on whose behalf you are acting.

2.5 Age Requirement. By accepting this Agreement, you represent and warrant that you are at least eighteen (18) years of age. The Platform is not directed to, and ORA ECHO LLC does not knowingly collect information from, individuals under the age of eighteen (18). If you are under the age of eighteen (18), you must not use the Platform under any circumstances.

2.6 Continued Use. Your continued use of the Platform following any modification to this Agreement constitutes your acceptance of the modified Agreement. It is your responsibility to review this Agreement periodically for changes.

3.1 Eligibility Requirements. To be eligible to use the Platform, you must: (a) be at least eighteen (18) years of age; (b) have the legal capacity to enter into binding contracts under applicable law; (c) not be prohibited from using the Platform under the laws of your jurisdiction; (d) not be a person or entity that has been previously suspended or banned from the Platform by ORA ECHO LLC; and (e) not be located in a jurisdiction subject to U.S. government embargo or sanctions.

3.2 User Representations and Warranties. By using the Platform, you represent, warrant, and covenant that: (a) all information you provide to ORA ECHO LLC is accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update it as necessary; (c) your use of the Platform does not violate any applicable law, regulation, or third-party right; (d) you are not using the Platform for any fraudulent, deceptive, or unlawful purpose; (e) you have not previously been suspended or banned from the Platform; and (f) you will comply with all applicable laws and regulations in connection with your use of the Platform.

3.3 Geographic Restrictions. ORA ECHO LLC makes no representation that the Platform is appropriate or available for use in all geographic locations. Users who access the Platform from outside the United States do so on their own initiative and are solely responsible for compliance with applicable local laws.

3.4 Prohibited Users. The Platform is not available to: (a) individuals under the age of eighteen (18); (b) individuals or entities on any U.S. government restricted party list; (c) individuals or entities in countries subject to comprehensive U.S. sanctions; or (d) individuals or entities previously banned from the Platform by ORA ECHO LLC for any reason.

4.1 Account Creation. To access certain features of the Platform, you must create an account by providing accurate and complete registration information, including a valid email address and a password. You agree to provide truthful, current, and complete information during the registration process and to update such information to keep it accurate.

4.2 Account Credentials. You are solely responsible for maintaining the confidentiality and security of your account credentials, including your username and password. You agree not to share your credentials with any third party and to take all reasonable precautions to prevent unauthorized access to your account.

4.3 Account Security Obligations. You agree to: (a) immediately notify ORA ECHO LLC of any unauthorized use of your account or any other breach of security; (b) ensure that you log out of your account at the end of each session; (c) use a strong, unique password for your account; and (d) not use any automated means to access the Platform without the express written permission of ORA ECHO LLC.

4.4 Responsibility for Account Activity. You are solely and fully responsible for all activity that occurs under your account, regardless of whether such activity was authorized by you. ORA ECHO LLC shall not be liable for any loss or damage arising from unauthorized use of your account credentials, whether or not you have notified ORA ECHO LLC of such unauthorized use.

4.5 One Account Per User. Each User may maintain only one active account on the Platform. Creating multiple accounts to circumvent restrictions, bans, or subscription limitations is strictly prohibited and may result in the termination of all associated accounts.

4.6 Account Suspension and Termination. ORA ECHO LLC reserves the right, in its sole and absolute discretion, to suspend, disable, or terminate your account at any time and for any reason, including but not limited to violation of this Agreement, suspected fraudulent activity, or non-payment of applicable fees.

4.7 No Transfer of Accounts. Accounts are personal to the registered User and may not be transferred, sold, assigned, or otherwise conveyed to any third party without the prior written consent of ORA ECHO LLC.

5.1 Platform Overview. Aurexecho is a subscription-based audio entertainment platform operated by ORA ECHO LLC that provides Users with access to a curated library of audio dramas, serialized audio fiction, and related audio content across multiple genres and languages. The Platform offers both free and paid subscription tiers with varying levels of access to Content.

5.2 Service Availability. ORA ECHO LLC will use commercially reasonable efforts to make the Platform available on a continuous basis. However, ORA ECHO LLC does not guarantee uninterrupted, error-free, or secure access to the Platform. The Platform may be temporarily unavailable due to scheduled maintenance, unscheduled downtime, technical failures, or circumstances beyond ORA ECHO LLC's control.

5.3 Service Modifications. ORA ECHO LLC reserves the right, in its sole discretion and at any time without prior notice, to: (a) modify, update, or discontinue any feature, functionality, or aspect of the Platform; (b) add or remove Content from the Platform; (c) change the technical specifications or requirements for accessing the Platform; and (d) introduce new services, features, or subscription tiers.

5.4 Content Library. The availability of specific Content on the Platform is subject to change at any time. ORA ECHO LLC does not guarantee the continued availability of any specific title, series, episode, or language version. Content may be added, removed, or modified at any time without notice.

5.5 No Professional Advice. The Content available on the Platform is provided for entertainment purposes only. Nothing on the Platform constitutes legal, medical, financial, psychological, or other professional advice. Users should not rely on any Content for such purposes.

5.7 Content Format Clarity — Episodic vs. Full Novel. The Content available on the Platform consists of cinematic audio drama episodes adapted from original story concepts. These episodic adaptations represent approximately twenty percent (20%) to thirty percent (30%) of the full underlying narrative. The full novel versions of these stories — including complete ebooks, paperback editions, hardcover editions, and full-length cinematic audiobooks — are separate products that are released independently and are not included in any subscription tier. ORA ECHO LLC makes no representation that any specific full novel will be released within any particular timeframe. Subscription access does not include, and shall not be construed to include, any right to the full novel experience.

5.8 Purchase Clarity — Episodic Bundles vs. Subscriptions. ORA ECHO LLC may offer one-time purchase options for individual episodic bundles ("Episodic Bundle Purchases"). An Episodic Bundle Purchase grants the purchaser a perpetual, non-transferable, non-sublicensable license to access the specific episodic content included in that bundle. Episodic Bundle Purchases are distinct from subscription access and do not include: (a) access to other series or episodes not included in the purchased bundle; (b) access to full novel versions; (c) early release content; or (d) any future episodes added to a series after the date of purchase. All Episodic Bundle Purchases are final and non-refundable in accordance with Section 7.

5.6 Beta Features. From time to time, ORA ECHO LLC may offer beta or experimental features. Such features are provided "as is" without warranty of any kind and may be discontinued at any time.

6.1 Subscription Tiers. ORA ECHO LLC offers multiple subscription tiers, including a Free Tier, a Premium subscription ($2.99/month), and an All-Access subscription ($5.99/month), as described on the Platform's pricing page. The features, Content access, and pricing associated with each tier are subject to change at ORA ECHO LLC's sole discretion.

6.2 Subscription Fees and Billing Cycles. Subscription Fees are charged on a recurring monthly basis in advance at the beginning of each billing cycle. By subscribing, you authorize ORA ECHO LLC and its payment processors to charge your designated payment method for all applicable Subscription Fees on a recurring basis until your subscription is cancelled.

6.3 Automatic Renewal. All subscriptions automatically renew at the end of each billing cycle unless cancelled by the User prior to the renewal date. You are responsible for cancelling your subscription before the renewal date if you do not wish to be charged for the next billing cycle. ORA ECHO LLC is not responsible for charges resulting from your failure to cancel.

6.4 Price Changes. ORA ECHO LLC reserves the right to change Subscription Fees at any time. ORA ECHO LLC will provide notice of any price increase at least thirty (30) days in advance. Your continued use of the Platform after the effective date of a price change constitutes your acceptance of the new pricing.

6.5 Free Trials. ORA ECHO LLC may offer free trial periods at its sole discretion. At the end of a free trial, your subscription will automatically convert to a paid subscription unless cancelled before the trial period expires. You may be required to provide payment information to initiate a free trial.

6.6 Failed Payments. If a payment fails for any reason, ORA ECHO LLC reserves the right to: (a) retry the charge at any time; (b) suspend or downgrade your subscription; (c) terminate your account; and (d) pursue collection of outstanding amounts by any lawful means.

6.7 Taxes. All Subscription Fees are exclusive of applicable taxes. You are solely responsible for all taxes, duties, levies, and other governmental charges associated with your subscription, except for taxes based on ORA ECHO LLC's net income.

7.1 ALL SALES FINAL. ALL PURCHASES MADE ON THE PLATFORM ARE FINAL AND NON-REFUNDABLE. BY COMPLETING A PURCHASE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO A REFUND UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO: (A) DISSATISFACTION WITH THE CONTENT; (B) FAILURE TO USE THE SUBSCRIPTION DURING THE BILLING PERIOD; (C) TECHNICAL ISSUES OUTSIDE ORA ECHO LLC'S REASONABLE CONTROL; (D) ACCIDENTAL PURCHASES; (E) CHANGES TO CONTENT AVAILABILITY; OR (F) ACCOUNT TERMINATION FOR VIOLATION OF THIS AGREEMENT.

7.2 No Refunds for Partial Periods. ORA ECHO LLC does not provide refunds or credits for partial subscription periods, unused days, or any portion of a billing cycle remaining at the time of cancellation.

7.3 Chargeback Policy. If you initiate a chargeback or payment dispute with your financial institution or payment processor in connection with any charge from ORA ECHO LLC, you agree that: (a) ORA ECHO LLC may immediately suspend or terminate your account; (b) you will be liable for a chargeback fee of fifty dollars ($50.00) per disputed transaction; (c) ORA ECHO LLC may pursue collection of all amounts owed, including the chargeback fee and any associated costs; and (d) you waive any right to dispute the validity of charges that were made in accordance with this Agreement.

7.4 Billing Disputes. If you believe you have been incorrectly charged, you must notify ORA ECHO LLC within thirty (30) days of the charge by contacting support. Failure to notify ORA ECHO LLC within this period constitutes your acceptance of the charge as accurate and your waiver of any right to dispute such charge.

7.5 Subscription Cancellation. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing cycle. You will retain access to your subscription benefits until the end of the paid period. No refund will be issued for any remaining days in the billing cycle.

8.1 Ownership of Platform and Content. The Platform and all Content made available thereon, including but not limited to audio recordings, scripts, artwork, software, trademarks, logos, and the overall look and feel of the Platform, are the exclusive property of ORA ECHO LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Limited License to Users. Subject to your compliance with this Agreement and payment of applicable fees, ORA ECHO LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform and stream Content for your personal, non-commercial entertainment purposes only. This license does not include any right to: (a) download, copy, or reproduce Content except as expressly permitted; (b) modify, adapt, translate, or create derivative works from Content; (c) distribute, publicly perform, publicly display, or broadcast Content; (d) reverse engineer, decompile, or disassemble any software component of the Platform; (e) remove or alter any copyright, trademark, or other proprietary notices; or (f) use Content for any commercial purpose.

8.3 Trademarks. "Aurexecho," "ORA ECHO LLC," and all related logos, product names, and service names are trademarks or registered trademarks of ORA ECHO LLC. You may not use any ORA ECHO LLC trademark without prior written permission. All other trademarks referenced on the Platform are the property of their respective owners.

8.4 Feedback and Suggestions. If you submit any feedback, suggestions, ideas, or other information to ORA ECHO LLC regarding the Platform or Content, you hereby grant ORA ECHO LLC a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify, adapt, publish, distribute, and exploit such feedback for any purpose without compensation or attribution to you.

8.5 Reservation of Rights. All rights not expressly granted to you in this Agreement are reserved by ORA ECHO LLC and its licensors. No license or right is granted by implication, estoppel, or otherwise.

9.1 General Conduct Standards. You agree to use the Platform only for lawful purposes and in a manner consistent with this Agreement, applicable law, and generally accepted standards of online conduct. You are solely responsible for all of your conduct and activities on or through the Platform.

9.2 Prohibited Activities. You agree that you will not, and will not permit any third party to, engage in any of the following activities:

Unauthorized Access and Security Violations

• Attempting to gain unauthorized access to any portion of the Platform, other user accounts, or ORA ECHO LLC's systems or networks;
• Probing, scanning, or testing the vulnerability of any system or network associated with the Platform;
• Circumventing, disabling, or otherwise interfering with security-related features of the Platform;
• Using any automated tool, bot, spider, scraper, or other means to access the Platform without ORA ECHO LLC's express written permission;
• Introducing viruses, trojans, worms, logic bombs, or other malicious code into the Platform.

Content Piracy and Unauthorized Reproduction

• Downloading, copying, recording, capturing, or reproducing any Content from the Platform by any means, including screen recording, audio capture, or any other method;
• Distributing, sharing, uploading, or transmitting any Content to any third party or platform;
• Circumventing any digital rights management (DRM), encryption, or other technical protection measures applied to Content;
• Using any software, tool, or device to extract, rip, or convert Content from the Platform.

Account Misuse

• Creating multiple accounts to circumvent restrictions, bans, or subscription limitations;
• Sharing account credentials with any third party;
• Selling, transferring, or assigning your account to any third party;
• Using another person's account without their authorization;
• Providing false or misleading information during registration or at any other time.

Commercial Exploitation

• Using the Platform or any Content for any commercial purpose without ORA ECHO LLC's prior written consent;
• Reselling, sublicensing, or otherwise commercializing access to the Platform or Content;
• Using the Platform to advertise, promote, or solicit any products or services.

Harmful and Illegal Conduct

• Using the Platform in violation of any applicable law or regulation;
• Engaging in any conduct that is fraudulent, deceptive, or misleading;
• Impersonating any person or entity, including ORA ECHO LLC employees or representatives;
• Engaging in any activity that could damage, disable, overburden, or impair the Platform;
• Transmitting unsolicited commercial communications (spam) through the Platform;
• Collecting or harvesting any personally identifiable information from the Platform.

9.3 Consequences of Violations. Any violation of this Section may result in immediate suspension or termination of your account, forfeiture of any paid subscription without refund, and potential civil and criminal liability. ORA ECHO LLC reserves the right to investigate and cooperate with law enforcement authorities in prosecuting Users who violate this Agreement.

10.1 Company Content Ownership. All Content created by or for ORA ECHO LLC and made available on the Platform is and shall remain the exclusive property of ORA ECHO LLC or its licensors. Nothing in this Agreement transfers any ownership interest in such Content to you.

10.2 Licensed Content. Certain Content on the Platform may be licensed from third-party rights holders. Such Content is subject to the terms of the applicable license agreements between ORA ECHO LLC and such rights holders. ORA ECHO LLC's ability to make such Content available is contingent upon the continuation of such license agreements, and ORA ECHO LLC reserves the right to remove any licensed Content at any time.

10.3 User Content License. By submitting any User Content to the Platform (including but not limited to reviews, ratings, or feedback), you grant ORA ECHO LLC a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content in any media now known or hereafter developed, for any purpose, without compensation or attribution to you.

10.4 User Content Representations. By submitting User Content, you represent and warrant that: (a) you own or have all necessary rights to submit such content; (b) the content does not infringe any third-party intellectual property rights; (c) the content does not violate any applicable law; and (d) the content does not contain any prohibited material.

10.5 Removal of User Content. ORA ECHO LLC reserves the right, but not the obligation, to review, monitor, edit, or remove any User Content at any time and for any reason, without notice to you.

11.1 Third-Party Services. The Platform may integrate with, link to, or rely upon Third-Party Services, including but not limited to payment processors (Stripe), email service providers, cloud infrastructure providers, content delivery networks, and analytics platforms. Your use of any Third-Party Services is governed by the terms and privacy policies of those third parties, and ORA ECHO LLC has no control over and assumes no responsibility for the content, practices, or policies of any Third-Party Services.

11.2 No Endorsement. The inclusion of any Third-Party Service on or through the Platform does not constitute an endorsement, recommendation, or warranty by ORA ECHO LLC with respect to such service.

11.3 Payment Processing. Payment processing on the Platform is handled by Stripe, Inc. By making a purchase on the Platform, you agree to Stripe's terms of service and privacy policy. ORA ECHO LLC does not store your full payment card information and is not responsible for any errors, failures, or security incidents involving Stripe's payment processing systems.

11.4 Limitation of Liability for Third-Party Services. ORA ECHO LLC shall not be liable for any loss, damage, or harm arising from your use of any Third-Party Service, including but not limited to payment failures, data breaches, service outages, or any other issues attributable to third parties.

12.1 "AS IS" PROVISION. THE PLATFORM AND ALL CONTENT, FEATURES, AND SERVICES PROVIDED THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ORA ECHO LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

12.2 SPECIFIC DISCLAIMERS. WITHOUT LIMITING THE FOREGOING, ORA ECHO LLC SPECIFICALLY DISCLAIMS: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY WARRANTY THAT DEFECTS OR ERRORS IN THE PLATFORM WILL BE CORRECTED; (D) ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR QUALITY OF ANY CONTENT; (E) ANY WARRANTY THAT THE PLATFORM IS FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS; (F) ANY WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (G) ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

12.3 Content Disclaimer. ORA ECHO LLC makes no representations or warranties regarding the accuracy, completeness, or suitability of any Content for any purpose. All Content is provided for entertainment purposes only. ORA ECHO LLC is not responsible for any decisions made in reliance on Content available through the Platform.

12.4 No Guarantee of Availability. ORA ECHO LLC does not warrant that any specific Content will remain available on the Platform for any particular period of time. Content may be removed, modified, or made unavailable at any time without notice.

13.1 EXCLUSION OF CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ORA ECHO LLC, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES; (B) LOSS OF DATA OR INFORMATION; (C) LOSS OF GOODWILL OR REPUTATION; (D) BUSINESS INTERRUPTION; (E) COST OF SUBSTITUTE GOODS OR SERVICES; (F) PERSONAL INJURY OR EMOTIONAL DISTRESS; OR (G) ANY OTHER INTANGIBLE LOSSES; WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ORA ECHO LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 AGGREGATE LIABILITY CAP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ORA ECHO LLC AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO ORA ECHO LLC IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE DOLLAR ($1.00).

13.3 Essential Basis. You acknowledge and agree that the limitations of liability set forth in this Section are a fundamental element of the basis of the bargain between you and ORA ECHO LLC. ORA ECHO LLC would not provide the Platform or enter into this Agreement without these limitations.

13.4 Allocation of Risk. The limitations of liability in this Section reflect a reasonable allocation of risk between the parties. The Platform is provided at low cost (or at no cost for Free Tier users), and the pricing reflects this allocation of risk.

14.1 General Indemnification Obligation. You agree to defend, indemnify, and hold harmless ORA ECHO LLC and its officers, directors, members, managers, employees, agents, affiliates, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use of or access to the Platform;
• Your violation of any provision of this Agreement;
• Your violation of any applicable law, regulation, or third-party right;
• Any User Content you submit to the Platform;
• Your negligence, willful misconduct, or fraud;
• Any dispute between you and any third party in connection with your use of the Platform;
• Any claim that your User Content infringes any third-party intellectual property right;
• Your unauthorized use of any Content from the Platform;
• Any chargeback or payment dispute you initiate in connection with the Platform;
• Any breach of your representations and warranties under this Agreement.

14.2 Indemnification Procedure. ORA ECHO LLC will: (a) promptly notify you of any claim for which indemnification is sought; (b) provide you with reasonable cooperation in the defense of such claim; and (c) permit you to control the defense and settlement of such claim, provided that ORA ECHO LLC shall have the right to participate in the defense at its own expense and to approve any settlement that imposes any obligation or restriction on ORA ECHO LLC.

14.3 Survival. Your indemnification obligations under this Section shall survive the termination or expiration of this Agreement and your cessation of use of the Platform.

15.1 Termination by ORA ECHO LLC. ORA ECHO LLC reserves the right, in its sole and absolute discretion, to suspend, restrict, or terminate your account and access to the Platform at any time, with or without notice, and with or without cause, including but not limited to: (a) violation of any provision of this Agreement; (b) suspected fraudulent, abusive, or illegal activity; (c) non-payment of applicable fees; (d) conduct that ORA ECHO LLC determines, in its sole discretion, to be harmful to other Users, third parties, or ORA ECHO LLC; (e) requests from law enforcement or government authorities; (f) unexpected technical or security issues; (g) extended periods of inactivity; or (h) discontinuation of the Platform or any portion thereof.

15.2 Effect of Termination. Upon termination or suspension of your account: (a) your license to use the Platform and access Content immediately terminates; (b) you must immediately cease all use of the Platform; (c) any outstanding payment obligations remain due and payable; (d) no refund will be issued for any prepaid subscription fees; and (e) ORA ECHO LLC may delete your account data in accordance with its data retention policies.

15.3 Termination by User. You may terminate your account at any time by following the account deletion process in your account settings or by contacting ORA ECHO LLC support. Termination of your account does not entitle you to any refund of prepaid fees.

15.4 Survival. The following provisions shall survive the termination or expiration of this Agreement: Sections 1 (Definitions), 8 (Intellectual Property Rights), 12 (Disclaimers of Warranties), 13 (Limitation of Liability), 14 (Indemnification), 18 (Dispute Resolution), and any other provisions that by their nature should survive termination.

16.1 Privacy Policy. Your use of the Platform is also governed by ORA ECHO LLC's Privacy Policy, which is incorporated into this Agreement by reference. By using the Platform, you consent to the collection, use, and disclosure of your Personal Data as described in the Privacy Policy.

16.2 Data Collection. ORA ECHO LLC collects certain data in connection with your use of the Platform, including registration information, payment information, usage data, listening history, and device information. This data is used to provide and improve the Platform, process payments, send communications, and comply with legal obligations.

16.3 Security Measures. ORA ECHO LLC implements commercially reasonable technical and organizational security measures to protect your Personal Data. However, no security system is impenetrable, and ORA ECHO LLC cannot guarantee the absolute security of your data. You acknowledge and accept the inherent risks of transmitting information over the internet.

16.4 Data Breach. In the event of a data breach that affects your Personal Data, ORA ECHO LLC will notify you as required by applicable law. ORA ECHO LLC's liability for any data breach shall be subject to the limitations set forth in Section 13 of this Agreement.

16.5 User Responsibility. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. ORA ECHO LLC is not responsible for any loss or damage resulting from your failure to maintain the security of your account.

17.1 Force Majeure Events. ORA ECHO LLC shall not be liable for any failure or delay in the performance of its obligations under this Agreement to the extent that such failure or delay is caused by a Force Majeure Event, including but not limited to: acts of God; natural disasters (including earthquakes, floods, hurricanes, tornadoes, and wildfires); pandemics or epidemics; acts of war, terrorism, or civil unrest; government actions, regulations, or orders; strikes, lockouts, or labor disputes; power outages or failures; internet disruptions or failures; cyberattacks, hacking, or denial-of-service attacks; failures of third-party infrastructure or services; or any other event beyond ORA ECHO LLC's reasonable control.

17.2 Notice and Mitigation. In the event of a Force Majeure Event, ORA ECHO LLC will use commercially reasonable efforts to: (a) provide notice to affected Users where practicable; (b) minimize the impact of the Force Majeure Event on the Platform; and (c) resume normal operations as soon as reasonably practicable.

17.3 No Liability. ORA ECHO LLC shall not be liable for any loss, damage, or inconvenience suffered by you as a result of a Force Majeure Event, and no refunds or credits will be issued for subscription periods during which the Platform is unavailable due to a Force Majeure Event.

18.1 MANDATORY ARBITRATION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PLATFORM, OR YOUR RELATIONSHIP WITH ORA ECHO LLC SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT.

18.2 Arbitration Rules. Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or, if applicable, its Commercial Arbitration Rules), as amended from time to time, except as modified by this Agreement. The AAA's rules are available at www.adr.org. The arbitration shall be conducted by a single neutral arbitrator.

18.3 Arbitration Location. Unless you and ORA ECHO LLC agree otherwise, arbitration shall be conducted in the county and state of ORA ECHO LLC's principal place of business, or, at your election, by telephone or videoconference.

18.4 CLASS ACTION WAIVER. YOU AND ORA ECHO LLC EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND ORA ECHO LLC EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

18.5 STATUTE OF LIMITATIONS. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PLATFORM MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE FOREVER BARRED, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY.

18.6 Governing Law. This Agreement and any Dispute shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles, except that the Federal Arbitration Act (9 U.S.C. § 1 et seq.) shall govern the interpretation and enforcement of the arbitration provisions.

18.7 Venue for Non-Arbitrable Claims. For any claims that are not subject to arbitration (including claims for injunctive or equitable relief), you consent to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, and you waive any objection to the laying of venue in such courts.

18.8 Injunctive Relief. Notwithstanding the foregoing, ORA ECHO LLC may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights or confidential information.

19.1 Right to Modify. ORA ECHO LLC reserves the right to modify, update, or replace this Agreement at any time in its sole discretion. ORA ECHO LLC will provide notice of material changes by: (a) posting the updated Agreement on the Platform; (b) updating the "Last Updated" date at the top of this Agreement; and/or (c) sending an email notification to the address associated with your account.

19.2 Effective Date of Modifications. Modified terms shall become effective upon posting to the Platform or upon the date specified in any notice provided to you, whichever is earlier.

19.3 Continued Use as Acceptance. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the modified Agreement. If you do not agree to the modified terms, you must immediately cease using the Platform and, if applicable, cancel your subscription.

19.4 Review Responsibility. It is your responsibility to review this Agreement periodically for any changes. ORA ECHO LLC is not responsible for your failure to review updated terms.

20.1 Entire Agreement. This Agreement, together with the Privacy Policy and any other documents incorporated herein by reference, constitutes the entire agreement between you and ORA ECHO LLC with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and representations, whether written or oral, relating to such subject matter.

20.2 Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, such provision shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect.

20.3 No Waiver by Severance. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of this Agreement.

21.1 No Waiver. ORA ECHO LLC's failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No waiver of any breach of this Agreement shall be deemed a waiver of any subsequent breach.

21.2 Written Waiver Required. Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of ORA ECHO LLC to be effective.

21.3 Assignment by ORA ECHO LLC. ORA ECHO LLC may freely assign, transfer, or delegate its rights and obligations under this Agreement, in whole or in part, to any affiliate, successor, or acquirer without your consent and without prior notice to you.

21.4 No Assignment by User. You may not assign, transfer, or delegate any of your rights or obligations under this Agreement without the prior written consent of ORA ECHO LLC. Any purported assignment in violation of this provision shall be null and void.

21.5 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

22.1 General Inquiries. For general questions about the Platform or this Agreement, please contact:

22.2 DMCA Notices. To submit a copyright infringement notice pursuant to the Digital Millennium Copyright Act, please send a written notice to [email protected] with the subject line "DMCA Notice."

22.3 Legal Notices. All formal legal notices to ORA ECHO LLC must be submitted in writing to [email protected]. ORA ECHO LLC may send legal notices to the email address associated with your account.

22.4 Response Time. ORA ECHO LLC will use commercially reasonable efforts to respond to inquiries within a reasonable time but does not guarantee any specific response time.