Effective date: September 23, 2026
These Terms of Use (“Terms”) govern your use of the Android application listed on Google Play as “Echo Node: Voice Recorder” and its related optional cloud services (collectively, “Echo Node”). Echo Node is provided by Fighting Gravity Software, LLC (“Fighting Gravity Software,” “we,” “us,” or “our”). Where context requires, you and Fighting Gravity Software may hereinafter be referred to as Parties.
Please read these Terms before using Echo Node. When Echo Node presents an affirmative acceptance action, selecting that action indicates your agreement to these Terms. Otherwise, your use of Echo Node constitutes acceptance only to the extent permitted by applicable law and where you have received legally sufficient notice of these Terms.
If you do not agree to these Terms, you are not authorized to use Echo Node.
Our Privacy Policy explains our information-handling practices and is available at https://www.fgsw.dev/privacy-policy. Acceptance of these Terms does not replace any separate notice or consent required for recording, saved-voice recognition, or another feature.
1. ELIGIBILITY
Echo Node is intended for adults aged 18 or older. You must be at least 18 years of age and legally capable of entering into this agreement to use Echo Node.
If you use Echo Node on behalf of a business or other organization, you represent that you have authority to accept these Terms on its behalf. References to “you” then include that organization where applicable.
2. WHAT ECHO NODE PROVIDES
Echo Node provides tools for audio recording, playback, organization, notes, editing, transcription, saved-voice recognition, optional cloud backup, and optional AI-generated summaries.
Feature availability may depend on the app version, device capabilities, internet access, Google services, subscription status, purchased allowances, and third-party availability.
Echo Node is not an emergency service, a professional advisory service, or a system that guarantees a complete or legally admissible record of an event.
3. SOFTWARE OWNERSHIP AND LICENSE
As between you and Fighting Gravity Software, we and our licensors retain ownership of Echo Node’s software, code, branding, designs, documentation, and other materials we provide, excluding your content and third-party materials.
Subject to these Terms, applicable purchase terms, and applicable law, we grant you a limited, non-exclusive, non-transferable license to install and use Echo Node on devices you own or control for lawful personal or internal business purposes.
This license does not transfer ownership of Echo Node or give you permission to resell the application, redistribute its code, sublicense access, or use our branding in a way that suggests sponsorship or endorsement.
You may not copy, modify, distribute, decompile, or reverse engineer Echo Node except where expressly authorized to do so by Fighting Gravity Software. Third-party and open-source components remain subject to their applicable licenses.
4. YOUR RECORDINGS AND CONTENT
As between you and Fighting Gravity Software, you retain any ownership rights you have in recordings, notes, transcripts, labels, summaries, and other content you create or import. We do not claim ownership of that content.
These Terms do not create ownership rights that applicable law does not recognize or override another person’s rights. AI-generated output may not qualify for copyright protection and may resemble output generated for other users.
You grant us and our service providers only the limited permission reasonably necessary to perform features you request, such as Gemini transcription, AI Summary, Google Drive backup, export, or sharing, and to operate those features as described in our Privacy Policy.
That permission does not authorize us to sell your content or use it for advertising. It lasts only as needed for the requested processing and related retention described in the Privacy Policy.
You are responsible for ensuring that you have the necessary rights and permissions to record, import, process, back up, export, share, and otherwise use your content and the resulting output.
5. RECORDING LAWS AND CONSENT
Recording and consent requirements vary by jurisdiction and circumstance. Before recording, storing, transcribing, sharing, or using a conversation, you are responsible for determining and following the laws, workplace rules, contractual duties, and consent requirements that apply.
Obtain any required permission from the people involved before using the relevant feature. A person’s permission to participate in a conversation does not necessarily include permission to record it, upload it for cloud processing, share it, or create a saved-voice profile.
Echo Node must not be used for unlawful surveillance, harassment, stalking, exploitation, or any other illegal purpose.
Nothing in these Terms removes our own obligations under applicable law or makes your acceptance a substitute for another person’s required consent.
The end-user is liable for violation of consent laws in any jurisdiction where Echo Node is deployed and must ensure that their use of Echo Node is not in violation of such consent laws. Fighting Gravity specifically disclaims any and all liability, to the fullest extent of the law, for the misuse of Echo Node.
6. SAVED-VOICE RECOGNITION
Saved-voice recognition uses voice profiles and voice embeddings to help associate a voice with a saved identity. As described in our Privacy Policy, this recognition operates locally on your device.
Depending on the technology, purpose, and jurisdiction, creating or using a voice profile may be subject to biometric-information or other privacy laws. Local processing does not necessarily remove those obligations.
Before creating a profile of another person, inform that person about the intended voice-profile creation and use and obtain their affirmative permission, together with any additional consent required by applicable law. Do not assume that possession of a recording, its public availability, or consent to an ordinary recording authorizes voice-profile creation.
Do not create or use voice profiles for covert identification, unlawful surveillance, or another prohibited purpose. Delete profiles when their permitted purpose ends or when required by applicable law.
Saved-voice matches can be incorrect. They are not proof of identity and must not be used as an authentication method or the sole basis for a consequential decision about a person.
Fighting Gravity Software specifically disclaims, to the fullest extent of the law, any and all liability for voice-profiles created in contravention of consent laws of any jurisdiction where Echo Node is deployed or used.
7. AI-GENERATED AND AUTOMATED RESULTS
Transcripts, speaker assignments, saved-voice matches, timestamps, and summaries may be inaccurate, incomplete, delayed, unavailable, or assigned to the wrong person. AI-generated results may include statements that are not supported by the recording.
These features are tools for review, not legally admissible records of what occurred and should not be relied upon to such an extent.
Echo Node does not provide medical, mental-health, legal, financial, safety, or other professional advice. Do not rely on an automated result where an error could cause harm.
Review important results against the original audio and consult a qualified professional when appropriate. You remain responsible for how you interpret, distribute, and use the results.
8. PREMIUM SUBSCRIPTIONS AND ALLOWANCES
Premium subscriptions are sold and managed through Google Play. Prices, billing periods, automatic renewal, taxes, and other purchase terms are disclosed through the applicable purchase screen.
Unless the purchase terms state otherwise, subscriptions renew automatically until canceled. You can manage or cancel a subscription through Google Play. Removing Echo Node from your device does not, in and of itself, cancel your subscription.
Refunds and cancellation rights are subject to Google Play’s applicable policies and applicable law. Nothing in these Terms excludes a refund or other remedy that you are legally entitled to receive.
Premium may include metered Gemini transcription minutes, AI Summary allowances, or other benefits shown in the app. Allowances may reset by billing period and do not represent unlimited cloud use. Whether an allowance expires, carries forward, or is separately purchasable depends on the terms disclosed for that allowance.
If Premium ends, previously saved recordings and user-created content remain accessible in the app, subject to device storage and technical compatibility, but Premium operations may become unavailable. Use and subsequent cancellation of Premium does not guarantee recovery of deleted or otherwise lost content.
9. FOUNDING 366 PROMOTION
Founding 366 is a limited optional benefit for eligible active paid monthly and annual Echo Node Premium subscriptions.
The promotion ends at the earlier of 366 confirmed active claims or 180 days after claims open. Availability is first-come and is not guaranteed by installing Echo Node, subscribing to Premium, opening the claim page, selecting an item, or receiving an email.
A claim is confirmed only when the authoritative backend transaction commits. Each canonical eligible Premium entitlement receives one claim opportunity.
A confirmed claim reserves one available annual calendar date and one approved animal for a future Animal Style update. It changes only future default recording names and does not rename existing recordings.
The date or animal may be corrected, or the complete claim withdrawn, for 24 hours after confirmation. Withdrawal is final for that entitlement.
Cancellation of an ordinary subscription does not revoke a confirmed claim. A refund or chargeback, however, does revoke such a claim. Reversals do not reopen or extend a closed promotion.
Service or operator errors may be corrected with an auditable reason.
The February 29 selection remains a distinct Leap Day and is not reassigned to another date in non-leap years.
A claim does not provide ownership of Echo Node, an interest in Fighting Gravity Software, or a right to continued Premium access. Applicable consumer rights remain unaffected.
10. CLOUD-SERVICES AND THIRD-PARTY AVAILABILITY
Cloud operations depend on internet access and third-party services, including Google Gemini, Google Cloud, Google Drive, Google Play Billing, and Play Integrity.
We do not guarantee that a cloud feature will always be available or complete within a particular time. Echo Node may queue, safely stop, reject, or require manual retry of an operation to protect user content, allowances, security, or billing.
Your use of third-party services may also be governed by their own terms and privacy policies. We do not control those services.
Third-party outages or changes do not remove any obligations or remedies that applicable law places on Fighting Gravity Software.
11. ACCEPTABLE USE
You agree not to:
• use Echo Node or its cloud services unlawfully;
• use Echo Node in violation or circumvention of recording consent requirements for your jurisdiction and the jurisdiction of any of those recorded by means of Echo Node;
• violate another person’s privacy, publicity, intellectual-property, or other rights;
• submit content you do not have the right to process;
• create or use voice profiles without required notice and permission;
• bypass subscription, tester-access, allowance, security, or integrity controls;
• interfere with, overload, attack, or misuse Echo Node’s backend or its service providers;
• access non-public systems or data without authorization;
• distribute malware or other content intended to damage systems or compromise security; or
• use Echo Node to facilitate abuse, threats, unlawful discrimination, exploitation, or fraud.
These restrictions do not prohibit activities that applicable law expressly protects.
We may limit or suspend cloud access when reasonably necessary to protect the service, users, service providers, or legal compliance. Where reasonably practicable, we will provide notice and an opportunity to address the issue. Immediate action may be necessary for serious abuse, security threats, or legal requirements.
12. DEVICE STORAGE, BACKUPS, AND SECURITY
Local data can be lost through device failure, app-data clearing, removal, operating-system behavior, storage corruption, or user action.
Optional Google Drive backup does not guarantee that every file or version can be recovered. Maintain appropriate independent backups of irreplaceable material and verify that important backups have completed.
You are responsible for protecting access to your device, Google account, exported files, and backups. Do not treat Echo Node as your only storage location for material whose loss would cause significant harm.
These responsibilities do not excuse us from security or other obligations imposed on us by applicable law.
13. SOFTWARE AND SERVICE CHANGES
We may update Echo Node to improve functionality, security, reliability, compatibility, billing, or legal and policy compliance. Updates and acceptance of revised Terms of Use may be required for continued access to particular cloud features.
Features may be added, changed, suspended, or discontinued. Planned or experimental features are not guaranteed to ship unless we make an express binding commitment.
For a material reduction or discontinuation of a paid service, we will provide reasonable advance notice where practicable and honor any refund, cancellation, or other rights required by applicable law or applicable purchase terms.
This section does not authorize us to disregard a confirmed Founding 366 claim or another express commitment.
14. WARRANTY DISCLAIMERS
To the fullest extent permitted by applicable law, Echo Node is provided “as is” and “as available.”
We disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the extent those warranties may lawfully be disclaimed. We do not warrant that Echo Node or its automated results will be accurate, uninterrupted, error-free, continuously available, or capable of preserving or recovering all data.
Nothing in this section excludes an express commitment we make or a warranty, guarantee, or other consumer right that applicable law does not allow us to exclude.
15. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Fighting Gravity Software will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to Echo Node or these Terms.
This exclusion includes losses of profits, business opportunities, or data only to the extent those losses constitute an excluded category of damages under applicable law. It does not classify every loss of a recording or other content as indirect or consequential.
To the fullest extent permitted by applicable law, our total aggregate liability arising from or relating to Echo Node or these Terms will not exceed the greater of:
• US $100; or
• the total amount you paid for Echo Node during the 12 months immediately preceding the event giving rise to the claim.
The exclusions and cap in this section do not apply to fraud, willful misconduct, gross negligence, or liability that applicable law does not permit us to exclude or limit.
These limitations apply regardless of the legal theory of a claim, but only to the extent permitted by applicable law. They do not restrict statutory consumer remedies that cannot lawfully be restricted.
16. RESPONSIBILITY FOR THIRD-PARTY CLAIMS
To the extent permitted by applicable law, you agree to indemnify and hold harmless Fighting Gravity Software for any and all losses, damages, and legal expenses arising from, or in any way related to, a third-party claim to the extent caused by or in relation to your violation of state or federal recording consent laws under the Electronic Communications Privacy Act (ECPA), or otherwise, including but not limited to unlawful recording, unauthorized use of another person’s content or voice profile, or intentional misuse of Echo Node in violation of these Terms.
This obligation does not apply to the extent a claim results from our own breach of these Terms, negligence, misconduct, or violation of law. It does not require you to reimburse us merely because a third party makes an allegation.
We will provide reasonably prompt notice of a claim for which we seek reimbursement and a reasonable opportunity for you to participate in addressing it. We will not agree to a settlement imposing an admission, payment, or other obligation on you without your written consent.
Nothing in this section overrides protections that applicable consumer law gives you.
17. TERMINATION
You may stop using Echo Node at any time. If you have a subscription, cancel it separately through Google Play if you do not want it to renew. Deletion of the application does not, in and of itself, cancel an active subscription.
We may restrict or terminate cloud access for material violations of these Terms, fraud, abuse, security risks, legal requirements, or service discontinuation, subject to the notice and consumer-rights provisions above.
Termination of cloud access does not itself transfer ownership of your content to us. Local content remains subject to your device’s storage, technical compatibility, and your actions.
Provisions concerning ownership, responsibility for prior conduct, disclaimers, liability, disputes, and other provisions that by their nature should survive termination will survive to the extent permitted by law.
18. GOVERNING LAW AND DISPUTES
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules, except where applicable law requires otherwise.
If you are a consumer, this choice of law does not deprive you of mandatory protections provided by the laws that apply to you.
In any dispute over or in any way related to the provisions of these Terms and in all other disputes among the Parties, (the “Disputing Parties”) (including issues of enforceability, termination, and arbitrability), the dispute shall:
i.) Be promptly negotiated in good faith between the Disputing Parties.
ii.) In the event that negotiation fails or upon the expiration of one (1) month of the event(s) giving rise to the dispute, whichever is sooner, the dispute shall then be submitted to non-binding mediation. The Disputing Party shall apply to the American Arbitration Association for a mediator, with the mediation to take place in Houston, Harris County, Texas.
iii.) In the event mediation fails to resolve all of the issues between or among the Disputing Parties, or if mediation is not held within two (2) months of the event(s) giving rise to the dispute, then the matter or any remaining matters shall be submitted to final, non-appealable, binding arbitration. The arbitration shall be held by the American Arbitration Association in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The place of arbitration shall be Houston, Harris County, Texas. The arbitration will be conducted in English. The arbitrator may issue any preliminary, injunctive, and/or equitable relief. Nothing in this Section will serve to restrict the ability to apply for emergency relief. Any Party may, after failure of the negotiation and mediation procedures above, commence arbitration of the dispute by sending a written request for arbitration to all other Disputing Parties. The request shall state the nature of the dispute to be resolved by arbitration, and arbitration shall be commenced as soon as practical after such Parties receive a copy of the written request.
Parties may not bring suit regarding any disputes, controversies, or claims related to these Terms in any venue other than an arbitration pursuant to this Section, except in order to enforce this Section or enforce an arbitral award made pursuant to this Section. In the event that a Party attempts to bring an action in violation of this Section, the Parties agree that the other Party will be entitled to the arbitrator or judge entering an injunction to enjoin such unauthorized action. All parties shall initially share the cost of arbitration, but the prevailing Party or Parties shall be awarded attorney’s fees, costs, and other expenses of arbitration. All arbitration decisions shall be final, binding, and conclusive on all the Parties to arbitration, and legal judgment may be entered based upon such decision in accordance with applicable law in any court having jurisdiction to do so. The Parties agree that the arbitral award shall be recognized by any applicable courts pursuant to all applicable statutes, conventions, and treaties.
19. CHANGES TO THESE TERMS
We reserve the right to revise these Terms as Echo Node, our business, or applicable requirements change. We will publish the revised Terms and update the effective date.
For material changes, we will provide reasonable notice through the app, website, or another appropriate channel. Upon such revision, you must accept the revised Terms before continuing to use Echo Node.
Such revisions will not retroactively remove accrued rights, change the rules governing an already confirmed Founding 366 claim, or alter a dispute that arose before the change without your agreement.
If you do not agree to revised Terms, stop using the affected services and cancel any subscription you do not wish to renew. Applicable cancellation and refund rights remain available.
20. GENERAL PROVISIONS
If a provision of these Terms is found unenforceable, the remaining provisions will remain effective to the extent permitted by law.
Our failure to enforce a provision on one occasion does not waive our right to enforce it later.
These Terms, together with applicable purchase terms and any express feature-specific terms you accept, form the agreement concerning your use of Echo Node. Nothing in these Terms overrides mandatory law or applicable Google Play requirements.
21. CONTACT
Fighting Gravity Software LLC
Email: jay@fgsw.dev
Business mailing address:
2500 CityWest Blvd
Suite 150-130
Houston, TX 77042
United States