Terms of Service

Welcome to XECHO. These Terms of Service ("Terms") govern your access to and use of the XECHO platform, including our website, mobile applications, and all related services (collectively, the "Platform" or "Services").

XECHO is operated by XDRIP Digital Management LLC ("Company," "we," "us," or "our"), a company registered in Colorado, United States.

By accessing or using XECHO, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

1. About XECHO

XECHO is a decentralized music and audio streaming platform that connects creators with listeners. Our Platform enables:

• Streaming: Access to music, podcasts, and audiobooks from independent creators
• Creator Tools: Upload, distribute, and monetize original audio content
• Wave Shop: Purchase and sell production assets including beats, loops, samples, and hooks
• Fan Subscriptions: Subscribe directly to your favorite creators for exclusive content
• Decentralized Storage: Content stored on IPFS for security and transparency
• Flexible Payments: Support for traditional payments and cryptocurrency

2. Eligibility

Age Requirements

• You must be at least 13 years old to use XECHO as a listener
• Users between 13-17 must have parental or guardian consent
• You must be at least 18 years old to create a Creator account, receive payouts, or make purchases
• You must be at least 18 years old to connect a cryptocurrency wallet

Representations

By using XECHO, you represent and warrant that:

• You meet the age requirements stated above
• You have the legal capacity to enter into these Terms
• You are not prohibited from using the Platform under applicable law
• You will comply with all applicable laws and regulations
• All information you provide is accurate and complete

3. Account Registration

Account Creation

• You may browse limited content without an account
• Full access requires creating an account with a valid email address
• You may sign in using supported third-party authentication (Google, etc.)
• You must provide accurate, current, and complete information

Account Security

• You are responsible for maintaining the confidentiality of your login credentials
• You are responsible for all activity that occurs under your account
• You must notify us immediately of any unauthorized access
• We are not liable for losses caused by unauthorized use of your account

4. User Types

Listeners

• Free accounts with access to ad-supported streaming
• Premium subscriptions for ad-free listening and additional features
• Ability to create playlists, follow artists, and purchase from Wave Shop

Creators

• Musicians: Upload and distribute music (singles, albums, drips)
• Podcast Hosts: Create and publish podcast shows and episodes
• Audiobook Authors: Publish audiobooks and spoken word content
• Wave Creators: Sell beats, loops, samples, and production tools

Professional Accounts

• Managers: Manage artist rosters with delegated permissions
• Labels: Represent and distribute content for multiple artists
• Professionals: Industry roles such as producers, engineers, and promoters

5. Subscriptions & Payments

Platform Subscriptions

• We offer various subscription tiers with different features and pricing
• Subscription fees are billed in advance on a recurring basis
• Subscriptions automatically renew unless cancelled before the renewal date
• You may cancel your subscription at any time through your account settings

Payment Processing

• Payments are processed securely through Stripe and authorized processors
• We accept major credit cards, debit cards, and select cryptocurrency
• Failed payments may result in suspension of premium features

Refund Policy

• Subscription fees are generally non-refundable
• Refunds may be granted at our discretion for technical issues or billing errors
• Digital purchases (Wave Shop) are final and non-refundable
• Refund requests should be submitted to support@xecho.pro within 7 days

6. Content & Licensing

Your Use of Content

• Content on XECHO is licensed, not sold, for personal, non-commercial use
• You may stream content on supported devices while you have an active account
• You may not download, copy, redistribute, or publicly perform content except as permitted
• Purchased Wave Shop items grant you a license as specified at purchase

Content Availability

• Content availability may vary by region and over time
• Creators may remove their content at any time
• We do not guarantee continuous availability of any specific content

7. Creator Terms

Creator Eligibility

• Must be 18 years or older
• Must complete identity verification (KYC) to receive payouts
• Must provide accurate tax information (W-9 for US, W-8BEN for international)
• Must comply with our Content Guidelines and Creator Policies

Content Ownership

• You represent that you own or have all necessary rights to content you upload
• You represent that your content does not infringe any third-party rights
• You are solely responsible for clearing all samples, features, and licenses
• You indemnify XECHO against claims arising from your content

Revenue & Payouts

• Creators earn revenue based on streams, purchases, and fan subscriptions
• Revenue share percentages are disclosed in your Creator Dashboard
• Payouts are processed monthly for balances exceeding the minimum threshold
• You are responsible for all applicable taxes on your earnings

8. Wave Shop

Wave Shop is XECHO's marketplace for production assets including beats, loops, samples, hooks, and other audio tools.

For Buyers

• Purchases grant you a license as specified in the product listing
• License types include Personal Use, Commercial Use, and Exclusive licenses
• Read license terms carefully before purchasing
• Digital purchases are final and non-refundable

For Sellers

• Must be 18+ and complete creator verification
• Must own or have rights to sell the content
• Must accurately describe license terms and usage rights
• Subject to platform commission on sales

9. Fan Subscriptions

Fan Subscriptions allow listeners to subscribe directly to creators for exclusive content and benefits.

For Subscribers

• Subscription benefits are set by each creator and may vary
• Subscriptions are billed monthly and auto-renew
• Cancel anytime; access continues until the end of the billing period

For Creators

• Set your own subscription tiers, pricing, and benefits
• Revenue share with XECHO as disclosed in your dashboard
• Responsible for delivering promised benefits to subscribers

10. Cryptocurrency Payments

Supported Cryptocurrencies

• XECHO accepts BNB (Binance Coin) and XDRIP token for select transactions
• Cryptocurrency options may be expanded or modified over time

Wallet Connection

• Cryptocurrency payments require connecting a compatible Web3 wallet
• You are solely responsible for securing your wallet and private keys
• XECHO never has access to your private keys or recovery phrases
• Lost wallet access cannot be recovered by XECHO

Transaction Terms

• Cryptocurrency transactions are irreversible once confirmed on the blockchain
• No refunds are available for cryptocurrency payments
• You are responsible for network (gas) fees

11. Prohibited Conduct

You agree NOT to:

• Upload content you do not own or have rights to
• Infringe copyrights, trademarks, or other intellectual property rights
• Upload illegal, harmful, threatening, abusive, or hateful content
• Harass, bully, or intimidate other users
• Impersonate any person or entity
• Use the Platform for any illegal purpose
• Attempt to gain unauthorized access to accounts or systems
• Use bots, scrapers, or automated tools
• Circumvent security measures, DRM, or access controls
• Download, rip, or copy content without authorization
• Manipulate streams, plays, or engagement metrics
• Create multiple accounts to abuse promotions or evade bans

Violations may result in content removal, account suspension, or permanent ban.

12. Intellectual Property

XECHO's Intellectual Property

• The XECHO name, logo, and branding are trademarks of XDRIP Digital Management LLC
• The Platform software, design, and features are proprietary
• You may not use our trademarks without written permission

Creator Content

• Creators retain ownership of their original content
• By uploading, creators grant XECHO a license to host, display, stream, and promote content
• License terminates when content is removed, except for completed transactions

13. Copyright & DMCA

XECHO respects intellectual property rights and complies with the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512, and applicable international equivalents. Nothing in these Terms waives any immunity available to us under 47 U.S.C. § 230 with respect to information provided by another information content provider, or under 17 U.S.C. § 512 with respect to user-uploaded material.

Filing a DMCA Takedown Notice

If you believe content on XECHO infringes your copyright, send a notice to our Designated Agent including:

• Your physical or electronic signature
• Identification of the copyrighted work
• Identification of the infringing material and its location
• Your contact information
• A statement of good faith belief that the use is unauthorized
• A statement under penalty of perjury that your notice is accurate

Designated Copyright Agent: dmca@xecho.pro

14. Third-Party Services

XECHO integrates with third-party services including:

• Payment processors (Stripe)
• Authentication providers (Google, etc.)
• Blockchain networks and wallet providers
• IPFS storage networks
• Social media platforms

Third-party services are governed by their own terms and privacy policies. We are not responsible for their availability or performance.

15. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We specifically disclaim:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the Platform will be uninterrupted, secure, or error-free
• Any warranty regarding the accuracy, reliability, or completeness of content

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XECHO AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Our total liability for any claims under these Terms shall not exceed the greater of:

• The amount you paid to XECHO in the 12 months preceding the claim, or
• $100 USD

Carve-Outs (liability that cannot be limited)

Nothing in this Section limits liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; or (d) any other liability that cannot be excluded or limited under applicable law, including the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq., the UK Consumer Rights Act 2015, the EU Digital Content Directive (2019/770), and any non-waivable consumer-protection statute applicable to you.

17. Indemnification

You agree to indemnify, defend, and hold harmless XECHO and its affiliates from any claims, damages, losses, liabilities, costs, and expenses arising from:

• Your use of the Platform
• Your content or contributions
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of any applicable law

18. Termination

Termination by You

• You may close your account at any time through account settings
• Closing your account cancels active subscriptions
• Creator payouts will be processed for earned amounts above thresholds

Termination by XECHO

• We may suspend or terminate your account for violating these Terms
• We may terminate accounts that are inactive for extended periods
• We may terminate the Platform or any feature with reasonable notice

19. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES BINDING ARBITRATION OF DISPUTES, GOVERNS HOW DISPUTES ARE RESOLVED, AND LIMITS YOUR RIGHT TO BRING CLAIMS ON A CLASS-WIDE BASIS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST AGREEING TO THESE TERMS BY FOLLOWING THE PROCEDURE BELOW.

19.1 Informal Resolution (60-day cure period)

Before initiating arbitration, you agree to first contact us at legal@xecho.pro with a written description of the dispute, the relief you seek, and your contact information. We will attempt to resolve the dispute informally for at least sixty (60) days from the date of your notice. If the dispute is not resolved within that period, either party may proceed to arbitration. The 60-day informal-resolution period is a condition precedent to either party initiating arbitration.

19.2 Binding arbitration (AAA Consumer Rules)

Except for claims that may be brought in small-claims court (Section 19.6) and intellectual-property injunction claims (Section 19.7), all disputes arising out of or relating to these Terms or the Platform will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time arbitration is initiated, as modified by these Terms. A copy of the AAA Consumer Arbitration Rules is available at adr.org. The arbitrator’s award is final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this arbitration agreement.

19.3 Class-action waiver and severability

ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

If this class-action waiver is found to be unenforceable with respect to any claim, the entire arbitration agreement in this Section 19 is void as to that claim, which will proceed in court in the venue provided in Section 19.8.

19.4 30-day right to opt out of arbitration

You may opt out of the arbitration agreement and class-action waiver in this Section 19 by sending an email to legal@xecho.pro with the subject line “Arbitration Opt-Out” that states your full name, your account email address, and your unambiguous intention to opt out, within 30 days of the date you first agreed to these Terms. Opting out does not affect any other provision of these Terms.

19.5 Pre-arbitration good-faith requirement

The 60-day cure period in Section 19.1 is a substantive condition that must be satisfied before any arbitration demand or court complaint is filed. Any arbitration demand filed without satisfying that condition is subject to dismissal without prejudice.

19.6 Small-claims exception

Either party may bring an individual action in small-claims court where it has jurisdiction, provided the dispute is otherwise eligible to be brought there.

19.7 Intellectual-property injunction exception

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual-property rights pending arbitration.

19.8 Governing law and forum for non-arbitrable claims

These Terms and any dispute arising out of or relating to them or the Platform are governed by the laws of the State of Colorado, United States, without regard to conflict-of-laws principles, and, where applicable, by U.S. federal law. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

For any dispute that is not subject to arbitration under this Section, the parties consent to exclusive personal jurisdiction and venue in the state and federal courts located in El Paso County, Colorado, and the United States District Court for the District of Colorado. Each party waives any objection based on inconvenient forum.

20. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and XECHO
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect
• Waiver: Our failure to enforce any right does not constitute a waiver
• Assignment: You may not assign your rights; we may assign to any affiliate or successor
• Force Majeure: We are not liable for delays due to circumstances beyond our control
• Modifications to these Terms: We may modify these Terms from time to time. If we make a material change, we will give you reasonable advance notice (at least 30 days, except where a shorter period is required by law or to address a security or compliance issue) by email to the address associated with your Account or by posting in the Platform. Your continued use of the Platform after the effective date constitutes your acceptance of the modified Terms; if you do not agree, your remedy is to stop using the Platform and cancel your Subscription. Material changes apply prospectively only.
• Electronic notices: You consent to receive notices from us electronically. Electronic notices satisfy any legal requirement that a notice be in writing.
• Statutory references: These Terms invoke and are interpreted consistent with, where applicable, 17 U.S.C. § 512 (DMCA), 47 U.S.C. § 230 (Section 230), 9 U.S.C. § 1 et seq. (Federal Arbitration Act), 15 U.S.C. § 7701 et seq. (CAN-SPAM), 47 U.S.C. § 227 (TCPA), 15 U.S.C. § 6501 et seq. (COPPA), and the privacy and consumer-protection statutes referenced in our Privacy Policy.