EchoLive Creator Agreement

1.Independent Contractor Relationship

1.1Status as Independent Contractor

You acknowledge and agree that you are an independent contractor and are not an employee, agent, partner, joint venturer, franchisee, or representative of EchoLive for any purpose. Nothing in this Agreement creates an employer-employee relationship, a partnership, an agency, a fiduciary duty, or any similar legal relationship between you and EchoLive. You have no authority to bind EchoLive to any contract, obligation, or representation of any kind, and you agree never to hold yourself out as having such authority.

1.2No Employee Benefits

As an independent contractor, you are not entitled to and will not receive any employee benefits from EchoLive, including but not limited to: wages or salary, overtime pay, paid time off, sick leave, parental leave, retirement plans, health insurance, dental or vision insurance, life insurance, disability insurance, workers' compensation, unemployment insurance, stock options, equity, or any other benefit afforded to employees under the laws of any jurisdiction. You waive any claim to such benefits.

1.3Tax and Regulatory Compliance

You are solely responsible for all tax obligations arising from your activities on EchoLive, including but not limited to: income tax, self-employment tax, sales tax, value-added tax, business privilege tax, and any other tax owed under the laws of your jurisdiction of residence and any other applicable jurisdiction. You are solely responsible for: registering any business entity required to receive your earnings; obtaining any business license, permit, or registration required by your jurisdiction; carrying any insurance required of independent contractors in your jurisdiction; and complying with any regulatory framework applicable to your activities. EchoLive does not withhold taxes, does not act as your employer for tax purposes, and does not pay any portion of your tax liability.

1.4No Endorsement or Verification

EchoLive does not endorse, verify, vouch for, or warrant any statement, opinion, claim, advice, product, service, or representation made by you during a broadcast or in any content you produce on EchoLive. Your views are your own. Your conduct is your own. EchoLive expressly disclaims any responsibility for your statements, content, conduct, or any reliance placed by viewers or third parties on your statements, content, or conduct.

1.5No Authority to Bind EchoLive

You have no authority to enter into any contract, agreement, partnership, sponsorship, advertising deal, endorsement, or other commitment on behalf of EchoLive or that purports to bind EchoLive in any way. If you enter into any such arrangement with a third party, you do so entirely in your own name and at your own risk. EchoLive is not party to and is not bound by any such arrangement, and you agree to indemnify EchoLive against any claim arising from your unauthorized representation or implied authority.

2.Creator Eligibility and Account Standards

2.1Age Requirement

You must be at least 18 years of age to activate Creator Account features. By accepting this Agreement, you represent and warrant that you are 18 years of age or older. EchoLive may require age verification documentation at any time, and failure to provide acceptable verification will result in immediate Creator Account suspension. While the EchoLive platform is open to users aged 13 and older for viewing content, becoming a Creator, broadcasting, posting content, and earning are adult-only (18+) features, so all Creators must be adults.

2.2Identity Verification

EchoLive may require you to verify your identity, residency, and tax status as a condition of receiving payouts or maintaining Creator Account status. Required documentation may include government-issued identification, proof of address, tax identification numbers, or other documents reasonably required for compliance with applicable laws, anti-money-laundering requirements, or sanctions screening. You agree to provide such documentation promptly upon request. Identity and age verification may be performed by our third-party verification provider, Didit, acting on EchoLive’s behalf. This may require you to provide a government-issued ID and a photo (selfie), which Didit uses to confirm your identity and age, including a biometric face match between your selfie and your ID. EchoLive does not receive or store your ID or biometric images and receives only the verification result. By completing verification, you expressly consent to Didit’s collection and processing of your ID, photo, and biometric information for the sole purpose of the check, as described in EchoLive’s Privacy Policy and Didit’s privacy policy. You must be 18 or older to earn, receive payouts, or maintain Creator Account status, and failure or refusal to complete verification, or submission of false or fraudulent identification, may result in suspension, termination, and withholding of payouts.

2.3Account in Good Standing

You must maintain your Creator Account in good standing at all times. An account is not in good standing if: it has outstanding violations of the Platform ToS, this Agreement, or the Community Guidelines; it is under active investigation by EchoLive Trust and Safety; it has outstanding payment disputes, chargebacks, or negative balances; or it is suspended, restricted, or pending review for any reason. Creators not in good standing are not eligible for payouts, commission, promotional features, or any other benefit of Creator status until the account is restored.

2.4Account Limits

You may operate a maximum of two (2) EchoLive Accounts in total, counted across all Account types, including Viewer and Creator Accounts. Both Accounts must be registered to, and identity-verified under, the same individual. You may not operate, control, or benefit from any Account beyond that limit, whether registered in your own name, in another person’s name, or under any business name, except as expressly authorized under Section 2.5.

You may not send, receive, or facilitate Gifts between Accounts you own or control, or direct any third party to do so on your behalf. Gifting between Accounts under common control is manipulation of the virtual economy and is treated under Section 5.4.

EchoLive evaluates Account limits by verified identity and by associated device, network, and payment identifiers. Where three or more Accounts are associated with the same device or payment instrument, EchoLive may treat those Accounts as operated by the same individual. You may rebut that determination by providing evidence that the Accounts belong to separate individuals who are each independently identity-verified and who share a device or household.

Operating Accounts in excess of the permitted number is grounds for permanent termination of the excess Accounts and forfeiture of pending earnings in those Accounts under Section 7.3. Where EchoLive determines that excess Accounts were used to manipulate the virtual economy, to evade enforcement, or to circumvent any program limit, EchoLive may terminate all Accounts associated with you and forfeit pending earnings across all of them. Treatment of unused Echo Coins and unredeemed Diamonds in a terminated Account is governed by Section 7.8 of the Platform ToS and applies only to the extent permitted by law.

2.5Authorized Multi-Account Operators

EchoLive may authorize an individual or entity to operate more than two Accounts in the following cases only:

• You operate an approved Amplifier Creator Network under an executed Amplifier Partner Agreement in good standing.
• You operate a legally registered business entity that has completed EchoLive’s business verification, including entity registration documents, a verified beneficial owner, and tax documentation in the entity’s name.

Authorization under this Section 2.5 is not automatic. You must apply in writing and receive written approval from EchoLive before operating any additional Account. EchoLive may set, and may change, the number of Accounts authorized. Each authorized Account must be independently identity-verified, must be tied to a natural person who meets the age requirement in Section 2.1, and remains individually subject to this Agreement. Gifting between authorized Accounts remains prohibited. EchoLive may revoke authorization at any time, after which you must bring your Account count within the standard limit within thirty (30) days.

3.Creator Conduct and Content Obligations

3.1General Conduct Standard

While operating as a Creator on EchoLive, you must conduct yourself in compliance with all applicable laws, this Agreement, the Platform ToS, the Privacy Policy, and the Community Guidelines. Your broadcasts, recorded content, profile information, communications with viewers, and conduct in the EchoLive ecosystem must remain at all times within the bounds of lawful and platform-compliant behavior.

3.2Content Ownership and Warranties

You represent and warrant that:

• You own all rights, title, and interest in the content you broadcast or upload, or you have obtained all necessary licenses, permissions, releases, and consents from any third party whose work, likeness, voice, or other rights are included in your content.
• Your content does not infringe upon any copyright, trademark, patent, trade secret, right of publicity, right of privacy, moral right, or any other intellectual property or proprietary right of any third party.
• Your content does not contain any false, misleading, deceptive, or fraudulent statement, claim, or representation.
• Your content does not defame, libel, slander, or otherwise harm the reputation of any individual or entity.
• Your content complies with all applicable laws of your jurisdiction of residence, all jurisdictions where your content is broadcast or accessed, and all applicable international law.
• All persons appearing in your content have provided informed consent to being recorded, broadcast, and distributed by EchoLive.

3.3Prohibited Content Categories

You may not produce, broadcast, upload, or otherwise distribute on EchoLive any content that:

• Sexualizes, exploits, abuses, endangers, or otherwise harms minors in any way. This is a zero-tolerance violation.
• Constitutes child sexual abuse material (CSAM) of any kind. This is a zero-tolerance violation and will result in immediate termination, forfeiture of all pending earnings, and reporting to law enforcement.
• Promotes, glorifies, or facilitates terrorism, mass violence, organized hate, or violent extremism.
• Promotes, glorifies, or facilitates self-harm, suicide, or eating disorders.
• Contains threats of violence against any person or group.
• Constitutes hate speech, harassment, or discrimination on the basis of race, ethnicity, national origin, religion, gender identity, sexual orientation, disability, age, or any other protected characteristic under applicable law.
• Reveals private personal information about any person without their consent (doxxing).
• Sexually explicit content, pornography, sexual acts, or nudity of a sexual nature. EchoLive is not an adult platform.
• Promotes, sells, or facilitates illegal drug transactions, prescription drug abuse, or controlled substance violations.
• Depicts gratuitous violence, gore, or graphic injury for shock value.
• Promotes or facilitates illegal weapons sales, illegal firearms modifications, or unlawful weapons activity.
• Violates copyright, trademark, or other intellectual property rights.
• Constitutes false advertising, fraud, scams, or deceptive commercial practices.
• Promotes, facilitates, or instructs how to engage in any criminal activity.
• Spreads health misinformation that could cause harm, including but not limited to anti-vaccine misinformation, false claims about treatments for serious medical conditions, or content endorsing unsafe practices.
• Spreads election misinformation or disinformation intended to suppress voting or undermine the democratic process.
• Manipulates other users through deceptive practices, including artificially inflated engagement, fake gifts, fake viewers, or bot activity.

3.4Drugs, Alcohol, Tobacco and Controlled Substances

3.4.1 Illegal Drugs and Controlled Substances

You may not use, depict, promote, sell, distribute, or facilitate any transaction involving illegal drugs or controlled substances during any broadcast or in any content on EchoLive. Discussion of drug policy, harm reduction, recovery, or news regarding drug issues is permitted as topical commentary but must not include personal use or any depiction that could be perceived as glorification.

3.4.2 Prescription Medications

You may not promote, prescribe, distribute, or facilitate the sale of any prescription medication during any broadcast. Discussion of personal experience with prescribed medications, mental health treatment, or medical conditions is permitted in a personal capacity but you may not act as or hold yourself out as a medical professional unless you actually are licensed in the jurisdiction where your viewers are located.

3.4.3 Alcohol

Personal consumption of alcohol during broadcasts is permitted only by Creators who are of legal drinking age in their jurisdiction. Consumption to apparent intoxication is prohibited if it impairs your ability to comply with this Agreement or platform policies. Promotion or advertisement of alcoholic beverages is permitted only with adherence to the FTC disclosure requirements set forth in the Platform ToS and any applicable laws of the jurisdictions where your viewers are located.

3.4.4 Tobacco, Smoking, and Vaping

Personal use of tobacco, vaping products, or nicotine products is permitted on EchoLive only with the mandatory activation of the 18 Plus Stream Setting. The 18 Plus Setting restricts viewer access to verified adult users. Failure to activate the 18 Plus Setting when engaging in tobacco or vaping content is a violation of this Agreement subject to the strike system.

3.5Weapons, Firearms, and Dangerous Items

3.5.1 Permitted Firearms Content

You may broadcast content involving lawfully owned firearms in lawful contexts including: target shooting at licensed ranges, lawful hunting activity, firearms safety education, gun smithing or maintenance, historical or collector commentary, and product reviews of lawfully manufactured firearms. All such content must comply with applicable firearms laws in your jurisdiction.

3.5.2 Prohibited Weapons Content

You may not produce, broadcast, or distribute any content that:

• Depicts the unlawful manufacture, modification, sale, transfer, or transport of any firearm.
• Promotes or facilitates the construction of homemade firearms, ghost guns, or untraceable weapons.
• Promotes or facilitates the construction of explosives, incendiary devices, or destructive devices.
• Depicts the use of firearms or weapons to threaten, intimidate, or harm any person.
• Promotes or facilitates the sale of weapons across state or national borders in violation of applicable law.
• Depicts the unsafe handling of firearms in a manner that endangers any person.
• Promotes the use of weapons in connection with any criminal activity.

3.6Gambling and Wagering Content

3.6.1 Prohibited Gambling Content

You may not produce, broadcast, or facilitate any of the following on EchoLive:

• Streaming gameplay from online casinos, including slots, roulette, blackjack, poker, baccarat, or any similar casino-style games involving real money or cryptocurrency.
• Streaming gameplay from online sports betting platforms.
• Streaming or promoting crypto gambling, skin gambling, or virtual item wagering platforms.
• Promoting, advertising, displaying, or linking to gambling websites, betting platforms, or related services.
• Encouraging viewers to gamble, bet, or wager in any form.
• Promotional partnerships, sponsorships, or affiliate relationships with gambling operators without express prior written approval from EchoLive.
• Any gambling-related content reasonably likely to be viewed by minors.
• Loot box, gacha, or in-game wagering content directed at audiences in jurisdictions where such mechanics are regulated as gambling.

3.6.2 Permitted Gambling-Adjacent Content

The following types of gambling-adjacent content are permitted subject to the conditions listed:

• Discussion of gambling as a topic, including news, cultural commentary, recovery, addiction awareness, or policy analysis. No promotional intent permitted.
• Streaming from licensed in-person poker rooms or casino tournaments where you are a registered, participating player, subject to mandatory 18 Plus Stream Setting activation.
• Cash game or tournament poker streams from licensed venues, subject to mandatory 18 Plus Setting and visible problem-gambling resource disclaimer.
• News reporting on lottery results or major gambling industry events.
• Educational content about gambling mathematics, probability, or addiction risk.

3.6.3 Required Disclosures for Gambling-Adjacent Content

Where permitted gambling-adjacent content is broadcast, you must:

• Activate the 18 Plus Stream Setting before going live.
• Display a visible disclaimer or read a verbal disclaimer at the start of the stream referring viewers to problem-gambling resources (such as the National Council on Problem Gambling or equivalent international resources).
• Not target or direct content at viewers in jurisdictions where the underlying activity is illegal.
• Not solicit gifts, subscriptions, or tips in connection with gambling-related claims, predictions, or outcomes.

3.7Sexual Content Prohibition

EchoLive is not an adult platform. You may not broadcast, depict, or distribute any sexually explicit content, pornography, simulated sexual acts, sexual nudity, or content of an explicitly sexual nature. This includes solicitation of sexual interactions with viewers, sexually suggestive performances for tips or gifts, or any content reasonably likely to be classified as adult content by industry standards. Discussion of sexuality, relationships, or sex education in a non-explicit manner is permitted.

3.8Mental Health and Self-Harm Content

You may discuss your own personal experiences with mental health conditions, recovery, or treatment in a constructive manner. You may not:

• Depict, simulate, or instruct on methods of self-harm or suicide.
• Glorify, romanticize, or promote eating disorders, self-injury, or suicide.
• Provide medical, psychiatric, or therapeutic advice unless you are a licensed professional in the viewer's jurisdiction.
• Broadcast content during a personal mental health crisis. If you are experiencing a crisis, you are required to end your broadcast and seek appropriate help.

3.9Minor Safety Standards

You must take all reasonable steps to ensure that minors do not appear in any content you produce on EchoLive without verifiable parental or guardian consent, and even with such consent, your content must comply with all minor protection laws. You may not:

• Solicit, attempt to contact, or communicate with any user known or suspected to be a minor for any purpose outside of routine broadcast viewership.
• Produce content that sexualizes, exploits, or endangers minors in any way.
• Encourage minors to send gifts, tips, or other monetary value, or to provide personal information.
• Broadcast personal information about minors that could be used to identify, locate, or contact them.

3.10Attentive Broadcasting Requirement

A live broadcast on EchoLive must be attended. You must be present, awake, and capable of responding to your audience for the duration of any broadcast originating from your Creator Account.

The following constitute Unattended Broadcasting and are prohibited:

• Sleeping, or appearing to sleep, during a live broadcast.
• Leaving a broadcast running while you are absent from the broadcast location, except for reasonable short breaks as described below.
• Broadcasting pre-recorded video, looped video, static images, or any non-live material as though it were a live broadcast.
• Using any software, hardware, automation, or third-party tool to simulate presence, activity, or responsiveness during a broadcast.
• Broadcasting while impaired to a degree that renders you unable to respond to your audience.

Reasonable short breaks are permitted. You may step away from an active broadcast for a period not to exceed five (5) consecutive minutes, provided you indicate the break to your audience. Consecutive or repeated breaks used to extend broadcast time without genuine presence are Unattended Broadcasting.

EchoLive may verify attendance during any broadcast by issuing an in-app Presence Check, which requires you to perform a simple confirming action within a defined response window. The form of the Presence Check and the length of the response window are published in the Creator Help Center and may be updated from time to time. Failure to respond to a Presence Check within the response window establishes that the broadcast was unattended from the time of the last recorded Creator activity.

A broadcast determined to be unattended is subject to Section 7.7 (Qualifying Live Hours). Unattended Broadcasting that is repeated after written notice, or that involves any tool or method intended to defeat or simulate a response to a Presence Check, is a violation of this Section 3 and is subject to the Three-Strike Content Violation Policy in Section 5.

3.11Reward Program Integrity

You may not inflate, simulate, or misrepresent participation in any EchoLive ranked reward program, including the Community Pool, whether on your own behalf or on behalf of any viewer. Ranked reward programs and the Engagement Actions that feed them are defined in Section 6.7 of the Platform ToS. Prohibited conduct includes:

• Using, installing, or distributing automation, macros, auto-clickers, modified clients, emulators, or input-generating hardware.
• Organizing, instructing, incentivizing, or compensating viewers to engage in conduct prohibited by Section 6.7 of the Platform ToS.
• Generating Engagement Actions through Accounts you own, control, or direct, including Accounts permitted under Section 2.4.
• Comment flooding, or posting repetitive or low-substance content for the purpose of accruing Engagement Actions.

Engagement Actions determined by EchoLive to be inauthentic do not count toward any leaderboard, threshold, or reward, and any reward attributable to them may be withheld or revoked. Community Pool and ranked reward program rewards are promotional currency under Section 7.5 of the Platform ToS. They are non-withdrawable, have no cash value, are not earnings, and form no part of your revenue share under Section 7.1.

Conduct under this Section 3.11 is a violation of Section 3 and is subject to the Three-Strike Content Violation Policy in Section 5. Distribution of automation tooling to viewers, and repeated conduct after written notice, are treated as Zero-Tolerance Violations under Section 5.4.

3.12Gift Finality and Gifting Conduct

Gifts sent to you are final when sent. Under Section 7.6 of the Platform ToS, a Gift is not reversed or refunded regardless of the sender’s intent, including where the sender misclicks or mis-taps, sends to the wrong Creator, selects the wrong Gift or amount, or produces multiple Gifts through repeated, rapid, held, or combination tapping. You must not represent to any viewer that a Gift can be refunded, reversed, returned, or re-credited, and you must not offer to arrange any such reversal.

Because Gifts are final, you may not exploit that finality. The following are prohibited:

• Pressuring, tricking, rushing, shaming, daring, or guilting any viewer into sending a Gift.
• Encouraging combo tapping, rapid tapping, or repeated tapping in a manner intended to cause a viewer to spend more than they intend.
• Misrepresenting the cost, value, or effect of a Gift, or the number of Gifts a given action will send.
• Soliciting Gifts from any person you know or reasonably should know to be under eighteen (18), or from any person using another person’s payment method without authorization.
• Promising any reward, benefit, or outcome in exchange for a Gift that you do not deliver.

Conduct under this Section 3.12 is a violation of Section 3 and is subject to the Three-Strike Content Violation Policy in Section 5. Gifts arising from conduct prohibited by this Section may be excluded, withheld, or reversed under Section 7.7 of the Platform ToS, and any resulting chargeback is handled under Section 7.4 of this Agreement.

4.Soft Exclusivity and Cross-Platform Conduct

4.1Permitted Cross-Platform Activity

EchoLive recognizes that Creators may maintain a presence on multiple platforms. The following activities are expressly permitted and do not constitute a violation of this Agreement:

• Maintaining accounts on other social media platforms (Instagram, TikTok, YouTube, Twitter, etc.).
• Cross-posting recorded clips, highlights, or non-live content to other platforms.
• Simultaneously broadcasting live content on EchoLive and on other live streaming platforms (cross-streaming).
• Mentioning your presence on other platforms in casual conversation during a broadcast.
• Promoting your own non-streaming work, products, music, podcasts, or businesses.

4.2Prohibited Competitive Conduct

You may not, during a live broadcast on EchoLive:

• Verbally direct, instruct, or encourage EchoLive viewers to leave the EchoLive broadcast to watch you on a competing live streaming platform.
• Display graphics, overlays, URLs, QR codes, or watermarks during your EchoLive broadcast that direct viewers to competing live streaming platforms.
• Include competitor URLs or invitations to competing live streaming platforms in your EchoLive profile bio, stream title, or stream description.
• Solicit viewers to follow you on competing live streaming platforms for content you offer or imply you offer exclusively there.

4.3Five-Strike Escalation for Competitive Violations

Violations of Section 4.2 are subject to the following escalating penalty schedule:

Strikes for competitive violations accumulate over a rolling 7-day window. If 7 days pass between violations without a new strike being issued, the strike count resets and the next violation is treated as a new Strike 1. EchoLive administrators have full discretion to determine whether a particular violation rises to the level of a formal strike, to issue informal warnings that do not count as strikes, to decline to issue a strike for technical violations that did not result in harm, and to determine which strike level applies based on the severity and context of the violation. Once Strike 5 is issued, termination and the permanent ban from Creator features are final and do not reset, regardless of any subsequent passage of time. Forfeiture of earnings does not apply to strikes 1 through 4 of competitive violations but may apply to strike 5 in EchoLive's discretion.

5.Three-Strike Content Violation Policy

5.1Scope

This Three-Strike Content Violation Policy applies to violations of Section 3 (Creator Conduct and Content Obligations) of this Agreement. Strikes issued under this policy are separate from and do not affect strikes issued under Section 4 (Competitive Violations) or under the Three-Strike DMCA Policy in the Platform ToS.

5.2Strike Schedule

5.3Strike Window and Administrator Discretion

Strikes for content violations accumulate over a rolling 7-day window. If 7 days pass between violations without a new strike being issued, the strike count resets and the next violation is treated as a new Strike 1. EchoLive administrators have full discretion to determine whether a particular content violation rises to the level of a formal strike, to issue informal warnings that do not count as strikes, to decline to issue a strike for technical violations that did not result in harm, and to determine which strike level applies based on the severity and context of the violation. Strike 3 results in permanent termination of the Creator Agreement and forfeiture of pending earnings. Termination under Strike 3 is final and does not reset regardless of any subsequent passage of time.

5.4Zero-Tolerance Violations

The following violations bypass the strike system entirely and result in immediate termination of the Creator Agreement, forfeiture of all pending earnings, and reporting to law enforcement where required by law:

• Child sexual abuse material (CSAM) of any kind.
• Content directed at minors with adult, sexual, or grooming intent.
• Credible threats of violence against any specific person or group.
• Doxxing or release of personally identifiable information of any person without their consent.
• Coordinated harassment campaigns conducted on or through the platform.
• Major fraud, including chargeback abuse, viewer manipulation, or financial deception of EchoLive or its users.
• Live streaming of any active crime in progress with apparent intent to facilitate or glorify the crime.
• Content promoting terrorism, mass violence, or violent extremism as defined by applicable law.

6.Off-Platform Conduct and Legal Status

6.1Scope and Limitations

EchoLive does not seek to govern your personal life, political views, lifestyle choices, or off-platform activities. The provisions of this Section 6 apply only to specific, serious criminal conduct that creates a documented risk to other users on the platform or to the platform itself. Outside of the narrow categories enumerated below, your off-platform conduct will not be the basis for any platform action.

6.2Tier 1 Offenses (Immediate Termination)

The following categories of off-platform conduct, when supported by a conviction in a jurisdiction with due process equivalents or by a credible criminal charge documented through verifiable court filings, result in immediate termination of the Creator Agreement and forfeiture of all pending earnings:

• Sex crimes of any kind, including sexual assault, statutory rape, child sexual abuse, possession or distribution of CSAM, and sexual exploitation offenses.
• Crimes against minors, including any offense involving the sexual or physical abuse, exploitation, endangerment, or trafficking of a minor.
• Human trafficking offenses, including labor trafficking, sex trafficking, and the smuggling of persons.
• Terrorism-related charges, including providing material support to a designated terrorist organization or planning or commission of a terrorist act.
• Hate crimes specifically targeting individuals or groups based on race, ethnicity, religion, national origin, sexual orientation, gender identity, or disability.

6.3Tier 2 Offenses (Suspension Pending Review)

The following categories of off-platform conduct result in suspension of the Creator Account pending review by EchoLive Trust and Safety. Following review, EchoLive in its discretion may reinstate the account, extend the suspension, or terminate the Creator Agreement based on the facts of the case:

• Violent felony charges, including but not limited to murder, manslaughter, aggravated assault, kidnapping, and armed robbery.
• Pending charges (not yet adjudicated) for any Tier 1 offense.
• Drug trafficking charges, including manufacture, distribution, or trafficking of controlled substances.
• Significant financial fraud charges, including securities fraud, wire fraud, bank fraud, embezzlement, or other financial crimes of substantial magnitude.
• Crimes involving fellow EchoLive users, including the use of platform features to facilitate criminal conduct against other users.

6.4Tier 3 Categories (No Platform Action)

EchoLive will not take platform action based solely on off-platform conduct in the following categories. Strikes related to these categories may apply only to the extent the conduct also violates this Agreement during a broadcast or in platform-distributed content:

• Personal drug use that does not involve trafficking or distribution.
• Driving under the influence and similar traffic offenses.
• Misdemeanors not involving violence, sexual offenses, or crimes against minors.
• Civil disputes, including civil suits, divorce proceedings, custody disputes, and contract disputes.
• Lawful political activity, regardless of the political position taken.
• Personal relationships, lifestyle choices, religious practice, and family arrangements.
• Mental health conditions, recovery, or treatment.
• Bankruptcies, financial difficulties, or personal economic distress (unless they implicate fraud).

6.5Jurisdictional Standards

Convictions and charges referenced in Sections 6.2 and 6.3 are recognized when issued by jurisdictions that recognize due process equivalents, including but not limited to: the United States and its states and territories; member states of the European Union; the United Kingdom; Canada; Australia; New Zealand; Japan; the Republic of Korea; and other jurisdictions with comparable legal protections. EchoLive does not recognize convictions in jurisdictions where the underlying conduct would not be a crime in the United States, and specifically does not act on convictions for conduct that constitutes the lawful exercise of free expression, lawful religious practice, lawful sexual orientation, lawful political activity, or lawful gender identity in the United States.

6.6Notification and Disclosure Obligations

You agree to disclose to EchoLive within 72 hours: any criminal charge filed against you for a Tier 1 or Tier 2 offense; any criminal conviction for a Tier 1 or Tier 2 offense; any investigation by law enforcement that may result in a Tier 1 or Tier 2 charge; and any registration on a sex offender registry or similar protective registry. Failure to disclose is an independent violation of this Agreement.

7.Earnings, Payouts, and Platform Fees

7.1Revenue Share

Your earnings from EchoLive are calculated according to the revenue share, virtual currency, and bonus structure set forth in Section 3 of the Platform ToS and any successor or supplementary documentation. By accepting this Agreement, you accept the revenue share and platform economics in effect at the time of each transaction. EchoLive may modify the revenue share for prospective transactions upon reasonable notice.

7.2Payouts and Processing

Payouts are subject to Section 4 of the Platform ToS, including the minimum withdrawal threshold, processor selection (Stripe or PayPal), processing timelines (1 to 5 business days), and the Platform Withdrawal Processing Fee schedule. The Platform Withdrawal Processing Fee is itemized on every payout record and is calculated as a percentage of the gross withdrawal amount subject to a per-withdrawal cap. The Fee is a service fee retained by EchoLive and is not a tax. The Withdrawal Processing Fee is a straight percentage of the amount withdrawn with no whole-dollar cap (currently US Stripe 3.0%, international Stripe 4.0%, US PayPal 3.5%, international PayPal 4.5%, plus a $2.00 flat fee for failed or returned withdrawals caused by incorrect information you provide). All earning and gifting features — including receiving Gifts and withdrawing Diamonds — are restricted to creators aged eighteen (18) or older.

7.3Forfeiture of Pending Earnings

EchoLive may withhold and forfeit any pending earnings (earnings that have not yet been disbursed to you) in the following circumstances:

• Termination of this Agreement for cause, including any violation that triggers immediate termination under Section 5.4 or Section 6.2.
• Strike 3 under the Three-Strike Content Violation Policy in Section 5.
• Strike 5 under the Five-Strike Competitive Violation Policy in Section 4, in EchoLive's discretion.
• Documented fraud, chargeback abuse, or financial manipulation by you.
• Documented use of any software, hardware, automation, or third-party tool intended to simulate Creator presence or to defeat or automate a response to a Presence Check under Section 3.10.
• Your inflation, simulation, or misrepresentation of participation in any ranked reward program under Section 3.11, or your distribution of tooling enabling others to do so.
• Your failure to provide required tax documentation, identity verification, or anti-money-laundering documentation.
• A court order, regulatory directive, or law enforcement demand requiring such withholding.
• Your operation of Accounts in excess of the limit in Section 2.4, or your use of any Account in violation of an authorization granted under Section 2.5.
• Your deletion of your EchoLive Account under Section 12.3, as to any Diamonds and earnings not withdrawn before you confirm deletion, including balances below the withdrawal minimum. These are not restored if you recover your Account during the Recovery Period under Section 18.4 of the Platform ToS.

Forfeited earnings are not refundable and you have no right of recourse to recover them.

7.4Chargebacks and Negative Balances

If a viewer initiates a chargeback or refund against a payment that contributed to your earnings, the disputed amount may be deducted from your pending balance. If your pending balance is insufficient, the deficit will be applied to your future earnings and you will be in a negative balance status until restored. You may not withdraw earnings while in a negative balance status. Repeated chargebacks may result in EchoLive applying enhanced fraud monitoring to your account or terminating this Agreement.

7.5No Earnings During Suspension

While your Creator Account is suspended for any reason, you do not earn any new revenue, commission, or bonus, and you are not entitled to backpay for the suspension period if your account is subsequently reinstated. Pending earnings accrued before the suspension are held until the suspension is resolved.

7.6Amplifier Networks and Your Earnings

You may choose to join an Amplifier Creator Network. If you do, the Amplifier earns a commission based on your qualifying revenue, but that commission is paid by EchoLive entirely out of EchoLive's own platform share. It is NEVER deducted from your earnings. Your revenue share (your 60% of gift value) is identical whether or not you are in a Network. No Amplifier tier, bonus, founding benefit, or retention milestone changes, reduces, or has any claim on your earnings.

For an Amplifier's tier and commission purposes only, you are counted as an active creator in a month if you meet both a minimum number of valid go-live days and a minimum number of Qualifying Live Hours as defined in Section 7.7 (currently eight days and fifteen hours, configurable), among other conditions. Non-Qualifying Broadcast Time does not count toward either threshold. This active status affects only the Amplifier's commission from EchoLive; it does not change your own earnings, which are governed solely by the revenue share in the Platform ToS.

An Amplifier may see certain performance data about you to manage and support you, and for standard enforcement matters may assist your appeal, but EchoLive does not share Trust and Safety case details (including anything involving the safety of a minor) with Amplifiers, and never discloses the identity of anyone who reports a violation. Your relationship with any Amplifier is independent of EchoLive, as further described in the Network Membership Terms.

If you were referred to EchoLive through another user’s referral code, your decision to join an Amplifier Network will permanently end that referring user’s Referral Bonus tied to your activity, as described in the Referral Program section of the Platform ToS. The Referral Bonus is paid by EchoLive out of its own platform share and is never deducted from your earnings; your revenue share remains governed solely by the revenue share described above, whether or not you join a Network.

7.7Qualifying Live Hours and Non-Qualifying Broadcast Time

Certain EchoLive programs, statuses, and platform-funded incentives are measured in Qualifying Live Hours. Qualifying Live Hours means broadcast time during which you were attended within the meaning of Section 3.10.

Broadcast time determined by EchoLive to be Unattended Broadcasting is Non-Qualifying Broadcast Time. Non-Qualifying Broadcast Time does not accrue as a Qualifying Live Hour and is excluded from:

• Eligibility thresholds, achievement thresholds, and maintenance thresholds for any creator status tier, including Echo Elite and Echo Apex.
• Any platform-funded incentive, milestone bonus, retention bonus, promotional reward, or discretionary program described in Section 6.2 of the Platform ToS.
• Any minimum live hour requirement used to determine active creator status under Section 7.6.
• Any ranking, placement, visibility, or discovery benefit calculated in whole or in part on broadcast duration.

Exclusion of Non-Qualifying Broadcast Time is not a deduction, penalty, fine, or charge against your earnings. It is a determination that the applicable eligibility condition was not satisfied. Your revenue share on Gifts actually received under Section 7.1 is unaffected by this Section 7.7 except where the Gift is separately subject to Section 7.3 or to the fraud and manipulation provisions of the Platform ToS.

EchoLive will notify you when broadcast time has been classified as Non-Qualifying. You may dispute the classification by written notice to EchoLive within fourteen (14) days of that notice, and EchoLive will review the broadcast record and respond. EchoLive retains timestamped broadcast and Presence Check records for this purpose.

8.Intellectual Property and Content License

8.1Your Content Remains Yours

You retain ownership of all intellectual property rights in the content you create and broadcast on EchoLive, subject to the licenses you grant to EchoLive in this Section 8.

8.2License Granted to EchoLive

By broadcasting or uploading content to EchoLive, you grant EchoLive a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, distribute, perform, display, create derivative works of, promote, archive, clip, and otherwise use your content in connection with the operation, promotion, and improvement of the EchoLive platform and services. This license includes the right to use your content in advertising, marketing materials, promotional clips, recap content, year-in-review features, and any other platform feature. This license survives termination of this Agreement with respect to content already distributed or archived during the term of this Agreement.

8.3Likeness Release

You grant EchoLive the right to use your name, username, voice, likeness, profile image, and other personal indicia in connection with the platform features described in Section 8.2. You waive any right of publicity claim against EchoLive arising from such use.

8.4EchoLive Intellectual Property

EchoLive retains all rights, title, and interest in the EchoLive platform, brand, trademarks, logos, designs, software, and proprietary technology. You may not use any EchoLive intellectual property except as expressly permitted by EchoLive in writing. Unauthorized use of EchoLive trademarks, including registering domain names containing EchoLive marks or designing merchandise bearing EchoLive marks, is a violation of this Agreement.

8.5Third-Party Intellectual Property Compliance

You are solely responsible for ensuring your content does not infringe third-party intellectual property rights. The DMCA Notice and Takedown procedures and the Three-Strike DMCA Policy set forth in the Platform ToS apply to your content. Repeated infringement results in termination as described in the Platform ToS.

8.6Music Licensing

You are responsible for ensuring that any music played, performed, or otherwise included in your content is properly licensed. EchoLive does not provide music licensing as a platform feature, and the inclusion of unlicensed music in your content is a violation of this Agreement and may subject you to claims by rightsholders. You may not rely on EchoLive's licensing agreements to cover your use of music in broadcasts.

9.Recording, Archiving, and Compelled Disclosure

9.1Recording of All Broadcasts

You acknowledge and agree that EchoLive automatically records, stores, and archives all live broadcasts on the platform. Recordings are retained for the period necessary for platform operations, content moderation, dispute resolution, regulatory compliance, and legal recordkeeping. Recordings may be reviewed by EchoLive Trust and Safety personnel, third-party content moderators, and automated content review systems.

9.2Disclosure to Law Enforcement

You acknowledge that EchoLive may disclose recordings, account information, payment records, and communications to law enforcement agencies, regulatory authorities, or other governmental bodies upon valid legal process (including subpoenas, court orders, or search warrants) or where required by applicable law. EchoLive may also disclose information without legal process in cases involving imminent risk to the safety of any person, ongoing criminal investigations affecting platform users, or compliance with child protection laws.

9.3Cooperation with Investigations

You agree to cooperate fully with any EchoLive Trust and Safety investigation, regulatory inquiry, or law enforcement investigation relating to your content, conduct, earnings, or platform activities. Failure to cooperate is an independent violation of this Agreement and grounds for suspension or termination.

10.Indemnification by Creator

10.1Scope of Indemnification

You agree to defend, indemnify, and hold harmless EchoLive, its parent and affiliated entities, its officers, directors, employees, contractors, agents, licensors, and assigns (collectively, the "EchoLive Parties") from and against any and all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, judgments, settlements, fines, penalties, losses, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your content, broadcasts, statements, or conduct on or related to the EchoLive platform.
• Your breach of any warranty, representation, covenant, or obligation under this Agreement.
• Any third-party claim that your content infringes intellectual property rights, defames any person, invades privacy or publicity rights, or otherwise violates third-party rights.
• Any tax obligation, regulatory obligation, or governmental enforcement action arising from your activities or earnings.
• Any injury, illness, death, or property damage caused by, allegedly caused by, or arising from any product, service, advice, instruction, or other content you provide.
• Any agreement, transaction, sponsorship, or other arrangement you enter into with any third party.
• Any failure by you to comply with applicable laws, regulations, or industry standards.
• Any claim by your viewers, fans, followers, or any third party arising from their reliance on your statements, content, conduct, or representations.
• Any unauthorized use by you of EchoLive's intellectual property, brand, or trademarks.
• Any criminal, civil, or administrative proceeding initiated against you or against EchoLive Parties because of your conduct.

10.2Defense Control

EchoLive Parties reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify under this Section 10. You agree to cooperate fully with the defense of such claims. You may not settle any claim subject to indemnification without the prior written consent of EchoLive.

10.3No Waiver of Other Rights

The indemnification obligations in this Section 10 are in addition to, and not in lieu of, any other rights or remedies available to EchoLive at law, in equity, or under this Agreement.

11.Disclaimers and Limitation of Liability

11.1Platform Provided As Is

The EchoLive platform is provided to you on an AS IS and AS AVAILABLE basis. EchoLive makes no warranties, express, implied, statutory, or otherwise, regarding the platform, including any warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, or uninterrupted availability. You use the platform at your own risk.

11.2No Guarantee of Earnings

EchoLive makes no guarantee, representation, or warranty regarding your potential or actual earnings on the platform. Your earnings depend on factors largely outside EchoLive's control, including your content, your audience, market conditions, viewer behavior, and platform features that may change. Past earnings are not indicative of future earnings.

11.3No Guarantee of Audience

EchoLive makes no guarantee, representation, or warranty regarding the number of viewers, followers, or audience your content will attract. Algorithmic distribution, featured placement, the Spotlight Lottery, and other platform features that affect content distribution are determined by EchoLive in its sole discretion and may change without notice.

11.4Limitation of Liability

To the maximum extent permitted by applicable law, the total cumulative liability of EchoLive Parties to you for any and all claims arising out of or relating to this Agreement or your use of the EchoLive platform, whether in contract, tort, statute, or any other legal theory, shall not exceed the greater of (a) the total amount of earnings paid to you by EchoLive in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred dollars ($100). In no event shall EchoLive be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost goodwill, lost opportunities, or lost data, even if EchoLive has been advised of the possibility of such damages.

11.5Basis of the Bargain

You acknowledge that the disclaimers and limitations of liability in this Section 11 are essential elements of the agreement between you and EchoLive, that EchoLive would not enter into this Agreement without these provisions, and that these provisions allocate the risks between you and EchoLive in a manner consistent with the fees and revenue share applicable to your account.

12.Modifications, Term, and Termination

12.1Modifications to This Agreement

EchoLive may modify this Agreement at any time. Material modifications will be communicated to you through in-platform notice, email, or other reasonable means at least 14 days before the effective date of the modification, except where a shorter notice period is required by law, regulatory directive, or platform security. Your continued use of Creator Account features after the effective date constitutes acceptance of the modified Agreement. If you do not accept a modification, you must cease use of Creator Account features.

12.2Term

This Agreement is effective upon your activation of Creator Account features or your initiation of any live broadcast, whichever occurs first, and continues until terminated as provided herein.

12.3Termination by Creator

You may terminate this Agreement at any time by deactivating your Creator Account through the platform settings or by providing written notice to EchoLive at contact@echolivenow.com. Termination by you does not entitle you to a refund of any earnings already paid, the immediate release of pending earnings (which remain subject to the standard payout schedule and any applicable holds), or the recovery of any forfeited earnings.

Deactivation versus deletion. Deactivating your Creator Account features ends this Agreement but leaves your EchoLive Account open, and earned balances remain payable under Section 7 and the standard payout schedule. Deleting your EchoLive Account is different: any Diamonds and earnings not withdrawn before you confirm deletion are forfeited at confirmation, whether or not they had reached the withdrawal minimum, except where applicable law requires otherwise, as provided in Section 7.3 and Section 18.4 of the Platform ToS. You may recover your Account within the sixty (60) day Recovery Period described in Section 18.4 of the Platform ToS, but recovery restores the Account only and does not restore forfeited Diamonds or earnings. A valid withdrawal request submitted before you initiate deletion will continue to be processed. You are responsible for withdrawing all eligible earnings before deleting your Account. This paragraph applies to Account deletions initiated on or after the Effective Date of Version 1.3 of this Agreement.

12.4Termination by EchoLive

EchoLive may terminate this Agreement, suspend your Creator Account, or restrict your Creator Account features:

• Immediately and without notice for any Zero-Tolerance Violation under Section 5.4.
• Immediately and without notice for any Tier 1 Off-Platform Offense under Section 6.2.
• Upon reaching Strike 3 under the Three-Strike Content Violation Policy in Section 5.
• Upon reaching Strike 5 under the Five-Strike Competitive Violation Policy in Section 4.
• Upon documented fraud, chargeback abuse, or financial manipulation.
• Upon failure to provide required tax or identity documentation.
• Upon any material breach of this Agreement, with or without an opportunity to cure depending on the severity of the breach.
• For business reasons not constituting cause, upon 30 days' written notice.
• Immediately and without notice if required by law, court order, or regulatory directive.

12.5Effect of Termination

Upon termination:

• Your Creator Account features will be disabled.
• Pending earnings may be subject to forfeiture as described in Section 7.3, including forfeiture of undisbursed earnings where the Agreement ends through deletion of your EchoLive Account.
• EchoLive's license to your content (Section 8.2) survives with respect to content already distributed or archived.
• Your obligations under Sections 8 (Intellectual Property), 10 (Indemnification), 11 (Disclaimers and Limitation of Liability), and 13 (Dispute Resolution) survive termination.
• EchoLive may retain your data for the period required by law and platform operations as described in the Privacy Policy.

12.6No Severance or Notice Pay

You acknowledge that as an independent contractor you are not entitled to severance pay, notice pay, or any other termination compensation under any law or this Agreement, regardless of the manner of termination.

13.Dispute Resolution

13.1Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Ohio, United States of America, without regard to its conflict of laws principles. Any matter not resolved by this Agreement is governed by the laws of the State of Ohio.

13.2Informal Dispute Resolution

Before initiating any formal legal action, you agree to first contact EchoLive at contact@echolivenow.com to attempt to resolve the dispute informally. You agree to a good-faith negotiation period of at least 30 days before initiating any binding arbitration or court proceeding.

13.3Binding Arbitration

All disputes arising out of or relating to this Agreement, including its formation, interpretation, performance, breach, termination, or enforcement, shall be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect. The arbitration shall be conducted in English. The seat of arbitration shall be Columbus, Ohio, although the arbitration may be conducted remotely by agreement of the parties. The arbitrator's award shall be final and binding and may be enforced in any court of competent jurisdiction.

13.4Class Action Waiver

You and EchoLive each agree that any dispute will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one party's claims and may not preside over any form of representative or class proceeding. If this Section 13.4 is found unenforceable, then the entirety of this Section 13 (Dispute Resolution) is null and void, but the remainder of the Agreement remains in effect.

13.5Jury Trial Waiver

You and EchoLive each waive the right to a trial by jury for any dispute arising out of or relating to this Agreement.

13.6Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring an action in a court of competent jurisdiction for (a) injunctive or equitable relief to prevent unauthorized use of intellectual property or breach of confidentiality obligations, or (b) collection of monetary amounts owed and not in dispute. Such actions are not subject to the arbitration requirement.

14.General Provisions

14.1Entire Agreement

This Agreement, together with the Platform ToS, the Privacy Policy, the Community Guidelines, and any other agreements expressly referenced herein, constitutes the entire agreement between you and EchoLive concerning the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, or understandings, whether written or oral.

14.2Severability

If any provision of this Agreement is held unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

14.3No Waiver

EchoLive's failure to enforce any provision of this Agreement is not a waiver of its right to do so later. Any waiver by EchoLive must be in writing and signed by an authorized representative.

14.4Assignment

You may not assign or transfer this Agreement or any rights or obligations under it without the prior written consent of EchoLive. EchoLive may assign this Agreement at any time without your consent, including in connection with a merger, acquisition, or sale of assets.

14.5No Third-Party Beneficiaries

This Agreement is for the sole benefit of you and EchoLive. There are no third-party beneficiaries of this Agreement.

14.6Force Majeure

EchoLive is not liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, pandemics, government actions, network or infrastructure failures, war, terrorism, civil unrest, or labor disputes.

14.7Notices

EchoLive may provide notices to you by email to the address associated with your account, by in-platform notification, or by posting on the platform. You must direct notices to EchoLive to contact@echolivenow.com.

14.8Headings

Section headings are for convenience only and do not affect the interpretation of this Agreement.

14.9Contact Information

Questions regarding this Agreement should be directed to: Echo Live, Inc., contact@echolivenow.com. Governing law: State of Ohio, United States of America.