Terms of Service — Echo

These Terms of Service (the "Terms") govern your use of the Echo mobile application ("Echo" or the "app"), operated by Agylos. Together with the Privacy Policy available at echo.agylos.eu/privacy-policy-en, they form the contract between you and Agylos.

Echo is distributed in the European Union and in Canada. Canadian users, and in particular Québec residents, also benefit from the protections described in §14.

Echo is a digital well-being companion: it helps you step back from your daily life through indicator tracking and a weekly appointment with the Écho coach. Echo is not a healthcare professional. If you are in acute distress or in immediate danger to yourself or others, contact the relevant emergency services without delay (see the boxed callout in §6).

1. Publisher

The Echo application is published and operated by:

Agylos, a French société par actions simplifiée (SAS) with a share capital of EUR 5,000, registered with the Nanterre Trade and Companies Register under number 815 320 528, whose registered office is at Bâtiment E, 15 Rue des Bigots, 92190 Meudon, France, represented by Pierre Navarre, in his capacity as President.

For any question regarding these Terms, their performance or a complaint, you may contact Agylos by email at privacy.echo@agylos.eu. For routine support requests, the dedicated address is support.echo@agylos.eu.

2. Purpose and scope

The purpose of these Terms is to define the conditions under which Agylos makes Echo available to you, and to set out the respective rights and obligations of the parties.

At the minimum viable product (MVP) stage, Echo is offered exclusively on the iOS platform (iPhone), through the Apple App Store, in the 27 Member States of the European Union and in Canada. The service, its features and its availability may vary or evolve over time; any material change will be communicated to you in accordance with §11.

Use of Echo is conditional upon acceptance of these Terms. That acceptance is obtained expressly when you create your account, by ticking the checkbox provided for that purpose during onboarding: until it has been given, Echo cannot be used.

Agylos records the number of the version of the Terms you accept together with the date of that acceptance (see §11.4). Any later version gives rise, where applicable, to a fresh acceptance under the conditions of §11.

3. Access to the service and account creation

3.1. Eligibility and minimum age

Echo is reserved for natural persons aged at least 16 years, the threshold set under Article 8(1) GDPR. By creating your account, you represent that you meet this age requirement, on the basis of the date of birth you provide during onboarding.

3.2. Authentication via "Sign in with Apple"

Access to Echo requires the creation of an account through "Sign in with Apple". This is the only authentication method available at the MVP stage. Agylos does not currently offer account creation by password, magic link, or through any identity provider other than Apple.

You are responsible for keeping the authentication credentials associated with your Apple ID confidential. You may, on an optional basis, enter a recovery email address in the Profile section to anticipate a loss of access to your Apple sign-in method; the processing of that address is described in the Privacy Policy (§4.9).

3.3. One account per person

Each natural person undertakes to create only one Echo account. The account is strictly personal and may not be shared with or transferred to any third party.

3.4. Continuity and availability

Agylos uses reasonable means to ensure the accessibility of Echo. The app nevertheless relies on third-party infrastructure and services (in particular Apple, Google Cloud and Anthropic): Agylos cannot guarantee uninterrupted availability and reserves the right to suspend access for maintenance, updates or in the event of an incident. Save in the case of bad faith or gross negligence on Agylos's part, such interruptions do not give rise to any indemnity.

4. Licence

Subject to your compliance with these Terms, Agylos grants you a personal, non-exclusive, non-assignable, non-transferable and revocable licence to install and use Echo on iOS devices that you are entitled to operate, for the strictly private well-being purposes described in §2.

This licence does not entail any transfer of ownership. It does not authorise you, in particular, to: redistribute, resell, sublicense, rent, lend, decompile, disassemble, reverse-engineer or attempt to extract the source code or underlying models of Echo, except to the strict extent permitted by a mandatory legal provision (for example, Article L. 122-6-1 of the French Intellectual Property Code regarding interoperability).

The licence terminates automatically upon termination of your account, for any reason (see §8).

5. Intellectual property

5.1. Elements owned by Agylos

The Echo application, its code, interface, graphics, texts, its trademarks (notably Echo and the persona coach Écho), its logos, its conversation templates, its internal prompts and any associated database are the exclusive property of Agylos or are licensed to it. They are protected by copyright, trademark law, the sui generis database right and, more generally, by any applicable intellectual property provision.

Any reproduction, representation, adaptation or exploitation, in whole or in part, without Agylos's prior written authorisation, is prohibited and engages the liability of the author.

5.2. Content you enter in the app

The content you enter into Echo — in particular your tracking indicators, your main well-being concern and your messages exchanged with the Écho coach — remains your property. You warrant that you hold the rights to it and undertake that it does not infringe any third-party right.

For the sole duration necessary to deliver the service, you grant Agylos a non-exclusive, free-of-charge, worldwide licence, strictly limited to the purposes described in the Privacy Policy (coach personalisation, generation of weekly appointment summaries, pseudonymised statistical calibration of the service). This licence ends when you delete the relevant data or your account, with the erasure effect described in the Privacy Policy (§4).

Your content is not exploited commercially, resold or transferred to any third party other than the processors listed in the Privacy Policy (§5).

6. Role of the Écho coach

6.1. Support, not care

The Écho coach is a digital well-being companion. It offers you structured listening through a weekly appointment and messages generated with a large language model provided by Anthropic (Claude). Écho assists you in taking a step back from your daily life.

Echo is not a medical device. Echo does not diagnose any condition, does not prescribe any treatment, does not provide any medical, psychological or psychiatric advice, and does not take any automated individual decision producing legal effects concerning you or similarly significantly affecting you within the meaning of Article 22 GDPR. Messages generated by the Écho coach are in no way a substitute for the advice of a qualified healthcare professional. If you experience a psychological difficulty or a health question, please consult a healthcare professional.

6.2. Emergency situations

⚠️ Emergency situations — call the relevant services

If you are in acute distress, if you have suicidal thoughts or if you are in immediate danger to yourself or others, Echo is not the appropriate resource. Contact the relevant emergency services without delay:

• 112 — the common emergency number across all Member States of the European Union (medical, police, fire).
• 3114 — the French national suicide prevention line, open 24/7, free and confidential.
• 911 — the emergency number in Canada (medical, police, fire).

If you are with someone in distress, the same numbers may be called on their behalf.

Content exchanged with the Écho coach is subject to no real-time human monitoring. Echo cannot detect, prevent or handle an emergency situation: this role belongs exclusively to the services referenced above.

7. Obligations and prohibitions

7.1. Lawful and fair use

You undertake to use Echo in line with its intended purpose, these Terms, applicable law and public policy. In particular, you undertake not to:

• use Echo for unlawful, fraudulent or morally objectionable purposes;
• enter into the app content that is manifestly unlawful, defamatory, insulting, discriminatory, hateful or that infringes the privacy or rights of third parties;
• enter into the app personal data concerning third parties without being lawfully entitled to do so;
• impair the security, integrity or availability of the app, of its servers or of its third-party components.

7.2. Technical prohibitions

You further undertake not to:

• carry out any form of automated extraction, scraping or bulk harvesting of content or data from Echo, whatever the purpose;
• use any robot, script, emulator, automation tool or any other means not provided by the interface to interact with Echo, in particular with the Écho coach, outside the cases expressly authorised by Agylos;
• circumvent, tamper with or attempt to circumvent the technical protection, authentication or usage-limitation measures implemented by Agylos;
• inject, send or transmit messages, prompts or instructions intended to divert the Écho coach from its support purpose, extract from it internal technical elements, or otherwise harm the service.

7.3. Cooperation

In the event of an incident affecting your account or device (loss of access, suspicious activity), you undertake to notify Agylos as soon as reasonably possible at support.echo@agylos.eu.

8. Suspension and termination of the account

8.1. Termination by you

You may terminate your Echo account at any time, without notice, directly from within the app, using the "Delete my account" button in the Privacy section of your profile. Deletion is immediate on the Echo side and triggers a cascading purge of your data under the conditions described in the Privacy Policy (§4).

This action automatically terminates the licence granted in §4 and these Terms as a whole.

8.2. Suspension or termination by Agylos

Agylos may suspend or terminate your account, in whole or in part, without indemnity, in the event of a characterised breach of your obligations under these Terms, in particular in the following exhaustively enumerated cases:

• spam or bulk submissions to the service;
• harassment or abusive behaviour directed at Agylos's team or at third parties;
• automated extraction or scraping of content or data from the app;
• unauthorised automation attempts, circumvention of technical protection measures, or use of third-party tools to interact with the Écho coach outside the official interface;
• fraudulent use of the app, in particular to obtain an undue advantage, to compromise the security of the service or the rights of a third party;
• as well as any other material breach of these Terms, in particular of the obligations and prohibitions set out in §7.

Save in an emergency — for example a manifest threat to the security of the service or a legal obligation — Agylos will notify you in advance of the alleged breach and give you a reasonable period to remedy it where possible. Where Agylos terminates the account, the cascading data purge described in the Privacy Policy (§4) applies identically.

8.3. Inactive-account purge

To honour the storage-limitation principle (Art. 5(1)(e) GDPR), Agylos applies an inactive-account purge policy: after 24 months without any sign-in, you receive a reminder email; without sign-back within the following 12 months, your account is automatically deleted. The detailed conditions are set out in the Privacy Policy (§4.1).

9. Personal data protection

The processing of your personal data by Agylos in connection with Echo is described in detail in the Privacy Policy, published at echo.agylos.eu/privacy-policy-en, which forms an integral part of the contractual framework.

The Privacy Policy sets out, among other things, the categories of data collected, their purposes and lawful bases under GDPR, their retention periods, the list of processors, transfers outside the European Union, and how to exercise your rights (access, rectification, erasure, portability, objection, withdrawal of consent).

10. Pricing

Echo is currently offered free of charge and contains no in-app purchase at this time. This reflects the present state of the service: it is neither permanent nor guaranteed for the future.

Agylos reserves the right to move Echo to a paid offering — in particular chargeable features or a subscription model. Any such change requires a prior amendment to these Terms, brought to your attention under the conditions of §11.

No amount may be charged to you unless you have been informed in advance and have expressly accepted the corresponding pricing terms. Until that acceptance has been obtained, no payment is requested from you.

11. Changes to these Terms

11.1. Grounds for amendment and version number

Agylos may amend these Terms to reflect changes to the service and its features, technical changes, changes to its business model (see §10), legislative or regulatory changes, or user feedback.

Each version of the Terms carries a version number — "Version 2" for this document — shown at the top of the page next to the "Last updated" date. That number is incremented with each new version published and identifies the version in force, published at echo.agylos.eu/terms-en. It is the number Agylos records when you accept the Terms (see §11.4). The French and English renderings of a given version carry the same number.

11.2. Entry into force and in-app presentation

Minor changes — formatting corrections, drafting clarifications, updates to legal references or contact details — take effect upon publication.

Material changes — those that significantly affect your rights, your obligations, the essential characteristics of the service or its financial terms — give rise to the publication of a new version of the Terms, which is presented to you in the app the next time you use it. Use of Echo is suspended until you have accepted that new version.

No material change is therefore applied to you without your having been made aware of it: the text of the new version is presented to you before any continued use of Echo, and you may review it at your own pace, with no time limit.

11.3. Acceptance and effect of refusal

Your express acceptance of the new version is collected in the app. It is a condition of continued use of Echo.

You remain free not to accept the new Terms. In that case:

• access to Echo, or to the features affected by the change, remains suspended until your acceptance is given. That suspension is not permanent: you may accept the new version at any time and regain use of the app;
• your rights over your personal data remain intact and exercisable, including during that suspension: access, rectification, copy, portability and erasure, under the conditions set out in the Privacy Policy (§8). If the suspension prevents you from acting from within the app, you may exercise those rights by writing to privacy.echo@agylos.eu;
• you may terminate your account at any time under §8.1, at no cost and without penalty, with the data purge described in the Privacy Policy (§4).

No amendment to these Terms may have the effect of imposing a payment on you without the express acceptance provided for in §10.

11.4. Successive versions

When you accept the Terms, Agylos records the number of the version accepted together with the date of that acceptance. Agylos archives successive versions of the document. You may obtain a copy of the version that applied to you on simple request to privacy.echo@agylos.eu.

12. Limitations of liability

Agylos undertakes to use reasonable means to ensure that Echo operates properly. Given the nature of the service — a software application relying on third-party infrastructure and services — this is an obligation of means, not an obligation of result.

Within the limits allowed by applicable law, Agylos shall not be liable for:

• indirect, immaterial or consequential damages of any kind (loss of business, loss of chance, commercial loss, reputational harm, etc.);
• damages resulting from a use of Echo that is not in line with its intended purpose, from non-compliance with these Terms, or from a fault attributable to you;
• damages arising from a decision you take on the basis of the messages generated by the Écho coach, those messages in no way constituting professional advice (see §6);
• damages arising from unavailability or malfunction of the third-party services on which Echo depends (in particular Apple, Google Cloud and Anthropic), where such events are beyond Agylos's reasonable control;
• damages arising from a force majeure event within the meaning of §13.

Nothing in these Terms shall have the effect of excluding or limiting Agylos's liability in cases where such limitation is prohibited by applicable law, in particular in the event of gross negligence, wilful misconduct, damage to life or physical integrity, or breach of an obligation the violation of which precludes any exemption from liability.

13. Force majeure

Neither party shall be liable for any failure or delay in performing an obligation resulting from a force majeure event, within the meaning of Article 1218 of the French Civil Code and applicable case law.

Force majeure events include, subject to the criteria set by applicable law: natural disasters, epidemics, wars and acts of terrorism, decisions of a public authority, general strikes, widespread telecommunication or energy network failures beyond Agylos's reasonable control, and major incidents affecting third-party infrastructure essential to the operation of Echo (in particular Apple, Google Cloud and Anthropic).

14. Governing law, jurisdiction, Québec

14.1. Governing law and jurisdiction

These Terms are governed by French law. In the event of a dispute, and failing an amicable settlement, the courts within the jurisdiction of the Versailles Court of Appeal (the Nanterre tribunal judiciaire) shall have jurisdiction, subject to the mandatory rules of jurisdiction applicable to consumers, which allow you in particular to bring proceedings before the courts of the place where you were domiciled at the time of conclusion of the contract or at the time the harmful event occurred.

You retain, in all circumstances, the benefit of the mandatory provisions of the law of your country of habitual residence within the meaning of Article 6 of the Rome I Regulation (Regulation (EC) No 593/2008).

14.2. Québec residents — Loi 25

If you are resident in Québec, the processing of your personal data by Agylos in connection with Echo also benefits from the additional protections of the Act to modernize legislative provisions as regards the protection of personal information (Loi 25), which strengthens transparency, information and consent obligations, and provides for a right to de-indexation and a right to data portability. The corresponding arrangements are set out in the Privacy Policy (§7.1). You may lodge a complaint with the Commission d'accès à l'information du Québec (CAI) — cai.gouv.qc.ca.

A French-language version of these Terms is available at echo.agylos.eu/terms.

15. Contact and complaints

For any complaint relating to the performance of these Terms, you may write to privacy.echo@agylos.eu, quoting the email address associated with your Echo account. Agylos will endeavour to respond within a reasonable time, in principle within one month of receipt of your request.

The arrangements for exercising your rights over your personal data (statutory deadlines under Art. 12(3) GDPR, proof of identity, possible extension) are set out in the Privacy Policy (§8).

16. Entry into force

These Terms enter into force on the date shown at the top of this document and, from that date, supersede any previous version published.