Platform Usage Guidelines
Last updated: August 22, 2024
Agreement to Terms
By accessing and using EchoMesh's adaptive game audio platform, website, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using our Services.
These Terms constitute a legally binding agreement between you ("User," "you," or "your") and EchoMesh ("Company," "we," "our," or "us"). Your use of our Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms.
Description of Services
EchoMesh provides a comprehensive B2B platform for game development teams that includes:
- Analytics SDK: Software development kit for measuring audio impact on player behavior and engagement
- Sound Library: Curated collection of royalty-cleared soundpacks and audio assets
- Composer Marketplace: Platform connecting game developers with professional audio composers
- Engine Integrations: Native plugins for Unity and Unreal Engine development environments
- Analytics Dashboard: Real-time reporting and insights on audio performance metrics
- Collaboration Tools: Project management and communication features for audio development
- A/B Testing Framework: Tools for testing different audio configurations and measuring impact
- Custom Audio Services: Professional audio development and consultation services
Account Registration and Eligibility
To access our Services, you must create an account and provide accurate, complete information. You represent and warrant that:
- You are at least 18 years of age or the age of majority in your jurisdiction
- You have the legal authority to enter into this agreement
- All information provided during registration is accurate and current
- You will maintain the accuracy of your account information
- You are not prohibited from using our Services under applicable laws
- Your use of the Services will comply with all applicable laws and regulations
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
Acceptable Use Policy
You agree to use our Services only for lawful purposes and in accordance with these Terms. You may not:
- Legal Violations: Violate any applicable local, state, national, or international laws or regulations
- Intellectual Property: Infringe upon or violate the intellectual property rights of others
- Harmful Content: Upload, distribute, or transmit malicious code, viruses, or harmful software
- Unauthorized Access: Attempt to gain unauthorized access to our systems, networks, or user accounts
- Reverse Engineering: Reverse engineer, decompile, or disassemble our software or platform
- Commercial Misuse: Use our Services to compete with or replicate our platform offerings
- Data Mining: Use automated systems to extract data from our platform without permission
- Account Sharing: Share account credentials with unauthorized parties or create multiple accounts
- Spam or Abuse: Send unsolicited communications or engage in abusive behavior
- False Information: Provide false, misleading, or fraudulent information
- System Interference: Interfere with or disrupt the integrity or performance of our Services
Intellectual Property Rights
EchoMesh retains all rights, title, and interest in our platform, software, and proprietary technology. The following provisions govern intellectual property:
Our Intellectual Property
- All platform features, analytics algorithms, and proprietary tools remain our exclusive property
- Our trademarks, service marks, and logos are protected intellectual property
- The EchoMesh brand, design elements, and user interface are our proprietary assets
Licensed Content
- Soundpacks and audio assets are licensed for use according to specific licensing terms
- Commercial use rights are granted only as specified in individual license agreements
- Redistribution of licensed content outside of licensed games is prohibited
User Content
- You retain ownership rights to your original game content and creative works
- You grant us a limited license to process and analyze your data for service provision
- Aggregated, anonymized data may be used to improve our Services and develop insights
Payment Terms and Billing
For paid Services, the following payment terms apply:
- Fees: Fees are charged according to your selected subscription plan or usage-based pricing
- Payment Processing: Payments are processed securely through third-party payment providers
- Automatic Renewal: Subscriptions automatically renew unless cancelled before the renewal date
- Price Changes: We may modify pricing with 30 days advance notice to existing customers
- Taxes: You are responsible for all applicable taxes, duties, and governmental charges
- Late Payments: Late payments may result in service suspension and additional fees
- Refunds: Refunds are provided according to our refund policy and applicable consumer laws
- Disputes: Payment disputes must be reported within 60 days of the charge
Service Availability and Modifications
While we strive for maximum uptime and reliability, we cannot guarantee uninterrupted service. We reserve the right to:
- Maintenance: Perform scheduled maintenance with reasonable advance notice
- Emergency Maintenance: Conduct emergency maintenance to address security or technical issues
- Service Updates: Update, modify, or enhance features and functionality
- Service Discontinuation: Discontinue services or features with reasonable notice
- Capacity Management: Implement usage limits or restrictions to maintain service quality
- Third-Party Dependencies: Services may be affected by third-party provider availability
- Force Majeure: Service may be interrupted by events beyond our reasonable control
Data Protection and Privacy
Your privacy and data protection are important to us. Our data practices are governed by:
- Our comprehensive Privacy Policy, which details how we collect, use, and protect your information
- Applicable data protection laws, including GDPR, LGPD, and other regional regulations
- Industry-standard security measures to protect your data from unauthorized access
- Regular security audits and compliance assessments
- Data processing agreements for enterprise customers
- Your rights to access, correct, and delete your personal information
Limitation of Liability
To the maximum extent permitted by applicable law:
- Disclaimer: Our Services are provided "as is" without warranties of any kind
- Indirect Damages: We shall not be liable for indirect, incidental, special, or consequential damages
- Liability Cap: Our total liability shall not exceed the amount paid by you for our Services in the 12 months preceding the claim
- Business Interruption: We are not liable for lost profits, business interruption, or loss of data
- Third-Party Content: We are not responsible for third-party content, services, or integrations
- User Content: We are not liable for user-generated content or its consequences
- Force Majeure: We are not liable for delays or failures due to circumstances beyond our control
Indemnification
You agree to indemnify, defend, and hold harmless EchoMesh and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:
- Your use of our Services in violation of these Terms
- Your violation of any applicable laws or regulations
- Infringement of third-party intellectual property rights
- Your user content or data submitted to our platform
- Breach of any representations or warranties made by you
Termination
Either party may terminate this agreement under the following circumstances:
- User Termination: You may cancel your account at any time through your account settings
- Breach Termination: We may terminate accounts for material violation of these Terms
- Non-Payment: We may suspend or terminate services for non-payment of fees
- Service Discontinuation: We may discontinue services with 90 days advance notice
- Legal Requirements: Termination may be required by law or regulatory action
- Effect of Termination: Upon termination, your access to Services will cease and data may be deleted
- Survival: Certain provisions will survive termination, including payment obligations and intellectual property rights
Dispute Resolution
Any disputes arising from these Terms or your use of our Services will be resolved as follows:
- Governing Law: These Terms are governed by the laws of Brazil
- Jurisdiction: Disputes will be resolved in the courts of Recife, Pernambuco, Brazil
- Mediation: Parties agree to attempt mediation before pursuing litigation
- Class Action Waiver: You waive the right to participate in class action lawsuits
- Limitation Period: Claims must be brought within one year of the cause of action
Changes to Terms
We may modify these Terms at any time to reflect changes in our services, legal requirements, or business practices:
- Material changes will be communicated via email or platform notification
- Changes will be effective 30 days after notification for existing users
- Continued use of our Services after changes constitutes acceptance
- If you disagree with changes, you may terminate your account
Contact Information
For questions about these Terms of Service or to report violations, contact us:
- Email: legal@lysmeriver.com
- Phone: +55 81 99469-6460
- Address: Rua da Harmonia, 655 - Casa Amarela, Recife - PE, 52051-395, Brazil
- Business Hours: Monday to Friday, 9:00 AM to 6:00 PM (BRT)