Echo Beta — Terms and Conditions

Agentic Agency ApS · CVR 46326458 · Gammel Kongevej 152 B, 3., 1850 Frederiksberg C, Denmark Version: 1.2 · Effective: 23 September 2026

1. What this is and who it binds

1.1 These Terms govern access to and use of Echo — the shared-agent platform offered in pre-release form at echo-beta.agenticagency.dev (the "Service") — by the organisation that has been granted beta access ("you", "Customer"). The Service is provided by Agentic Agency ApS ("we", "us", "Agentic Agency").

1.2 You accept these Terms by creating an account, accepting an invitation, or using the Service. If you do so on behalf of an organisation, you confirm you are authorised to bind it, and "you" means that organisation.

1.3 The Service is offered to businesses and other organisations only. It is not directed at consumers, and no consumer rights under Danish or other EU consumer legislation are intended to arise. Do not use the Service for personal or household purposes.

1.4 These Terms, together with the Data Processing Agreement published at echo-beta.agenticagency.dev/dpa (the "DPA", incorporated by reference and accepted when you accept these Terms), the Acceptable Use rules (clause 9) and any written order form, are the entire agreement between us on this subject and replace any earlier understanding.

2. Definitions

• Agent — a configured AI assistant created on the Service that contacts people, asks questions, collects answers and produces an output document.
• Authorised User — an individual you permit to access the Service under your account.
• Participant — an individual an Agent contacts who responds without holding an account, typically via a link.
• Customer Data — everything you or your Authorised Users or Participants submit to the Service: uploaded files, agent configurations, prompts, answers, transcripts and the documents produced from them.
• Output — material generated by an Agent, including documents, summaries and proposed next actions.
• Trust Centre — the security and data page published on the Service, as amended from time to time.

3. The Service is a beta — read this clause

3.1 Echo is pre-release software made available for evaluation and feedback. It is not a finished product and is not covered by a service level agreement.

3.2 During the beta we may, without liability and with as much notice as is reasonable in the circumstances: change, suspend, limit or remove any feature; change limits on agents, projects, participants or storage; take the Service offline; and end the beta programme in whole or as to any Customer.

3.3 Features described in marketing material, on the Trust Centre or in the plan comparison may be unavailable, incomplete or behave differently during the beta. Where the Trust Centre marks something as not yet built, it is not built. Nothing outside these Terms is a commitment.

3.4 Do not rely on the Service as the only copy of anything. Beta environments are reset, migrated and occasionally broken. Keep your own copies of material you cannot afford to lose. Clause 16 sets out how to export.

3.5 Do not use the Service for anything safety-critical, for regulated decision-making about individuals, or where failure or an incorrect Output would cause material harm.

4. Plans, fees and payment

4.1 The Service is offered on two plans: the Free plan, at no charge and with limits on projects and active guest links, and the Pro plan, a paid monthly subscription without those limits. What each plan includes is shown in the Service and may change under clause 3.2. Every new account starts on the Pro plan for seven days, at no charge and without a payment card; unless a Pro subscription is added before those seven days end, the account moves to the Free plan automatically. Nothing is ever charged unless you start a subscription yourself.

4.2 Accounts opened before this version took effect were provisioned free of charge under a beta grant. That grant continues until we end it, on at least 30 days' written notice to the email address on your account; when it ends, the account moves to the Free plan unless a Pro subscription has been added. The grant is a courtesy, not an entitlement, and clause 4.1 applies to the account from then on.

4.3 Fees. The Pro plan costs the price published in the Service and shown again on the checkout page before you subscribe. Fees are billed monthly in advance, at the start of each billing period, and the subscription renews automatically for successive monthly periods until it is cancelled under clause 16.2.

4.4 Payment. Payment is by card, processed by Stripe (clause 12.1). You enter your card details on Stripe's hosted pages; they never reach us. By subscribing you authorise Stripe to charge the card on file at the start of each billing period. Invoices and receipts are sent by email to the address on your account and are available in the billing portal (clause 16.2).

4.5 VAT. Fees are exclusive of VAT and other applicable taxes. VAT is charged, or the reverse-charge mechanism applied, according to the billing address and VAT identification number you give at checkout: a business customer in another EU member state that provides a valid VAT ID is not charged Danish VAT and accounts for VAT itself. You are responsible for the accuracy of that information and for keeping it current in the billing portal.

4.6 Price changes. We may change the Pro plan price on at least 30 days' written notice to the email address on your account. The new price applies from your first renewal after the notice period. If you do not accept it, cancel under clause 16.2 before then; you pay the old price until your subscription ends.

4.7 Cancellation and refunds. You may cancel your subscription at any time under clause 16.2. Cancellation takes effect at the end of the billing period you have already paid for: you keep the Pro plan until then, are not charged again, and then move to the Free plan. Fees for the running period are not refunded except where required by law.

4.8 Non-payment. If a renewal payment fails, Stripe retries the card for a limited period and emails you a link to update it; you keep the Pro plan while it does. If no payment succeeds by the end of that period, the subscription ends and the account moves to the Free plan. Nothing is deleted: your projects, agents and Customer Data stay, but above the Free plan's limits you cannot create more until you subscribe again.

5. Access, accounts and security

5.1 You are responsible for your Authorised Users' use of the Service and for acts and omissions of your Authorised Users as if they were your own.

5.2 Keep credentials confidential. Tell us without undue delay at legal@agenticagency.dev if you suspect unauthorised access.

5.3 Access is granted per named individual. Do not share, sell or resell accounts, or make the Service available to anyone outside your organisation except as Participants or scoped guests under clause 8.

5.4 We may suspend access immediately where necessary to protect the Service, other customers, or a third party, or where use appears unlawful. We will tell you why, and restore access once the cause is resolved.

6. Your data and your content

6.1 As between us, you own Customer Data and all rights in it. We claim no ownership.

6.2 You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, display and process Customer Data, and to pass it to the subprocessors in clause 12, solely to operate, secure and support the Service for you, and to comply with law.

6.3 We do not use Customer Data to train AI models, ours or anyone else's, and our model and speech providers do not train on it — clause 12.3 says how that is secured for each of them.

6.4 You warrant that you have the rights and, where personal data is involved, a valid legal basis to submit Customer Data to the Service and to have it processed as described here and in the Data Processing Agreement.

6.5 We may generate and use aggregated, de-identified statistics about use of the Service — counts, volumes, error rates, performance — provided they do not identify you, any individual, or the content of any Customer Data. We may use that material without restriction to operate and improve the Service.

7. Outputs

7.1 As between us, you own the Outputs your Agents produce, to the extent they are capable of ownership. We assign to you whatever rights we may have in them.

7.2 Outputs are generated by AI. They are probabilistic, not deterministic. They can be wrong, incomplete, out of date, internally inconsistent or plausible-sounding and false. Identical inputs may produce different Outputs.

7.3 You are responsible for reviewing Outputs before you act on them or share them. Apply the same human review you would apply to work from a new colleague. Outputs are not legal, financial, tax, medical, employment or other professional advice, and no professional relationship arises from your use of the Service.

7.4 Outputs are not necessarily unique. Similar prompts by other customers may produce similar material, and we make no warranty that an Output does not infringe a third party's rights.

8. Participants — people who answer without an account

This clause covers the mechanic that makes Echo work, and it is where your obligations are heaviest. Read it before you launch an Agent.

8.1 An Agent contacts individuals you name. Those individuals may respond without registering. They are not party to these Terms.

8.2 You decide who is contacted, what is asked, and why. In respect of Participants you are the data controller (clause 13). You are responsible for having a lawful basis to contact them and to process their responses, and for giving them the information required by Articles 13 and 14 GDPR — including who is asking, why, what happens to their answer, and how long it is kept.

8.3 We will make clear to a Participant, at the point of interaction, that they are interacting with an AI system, as required by Article 50(1) of Regulation (EU) 2024/1689 (the AI Act), which has applied since 2 August 2026. You must not remove, obscure, defeat or misrepresent that disclosure, and must not configure an Agent to present itself as a named human being.

8.4 Do not use an Agent to contact individuals who would not reasonably expect to hear from you, to conduct unsolicited marketing, or to profile, assess, rank or monitor individuals in a way that produces legal or similarly significant effects for them — including performance evaluation, emotion recognition, or screening for employment, credit or access to services.

8.5 Where an Agent contacts individuals in a workplace, you are responsible for any consultation, notification or co-determination obligations that apply to you — including, in Denmark, obligations under collective agreements, and in Germany, works council participation under section 87 BetrVG.

8.6 Guests you invite to a project (consultants, clients, contractors) see only that project. You are responsible for who you invite and what the project contains.

9. Acceptable use

You must not, and must not permit anyone to:

(a) use the Service unlawfully, or in breach of any applicable export control or sanctions law, or make it available to a person or in a territory subject to EU, Danish, UK or US sanctions; (b) upload material you have no right to upload, or that infringes another's rights; (c) upload special categories of personal data under Article 9 GDPR, criminal offence data under Article 10, payment card data, government identifiers, or health records, unless we have agreed it in writing in advance; (d) use the Service to develop a competing product, or to benchmark it for publication, without our written consent; (e) reverse engineer, decompile or attempt to derive source code or model weights, except to the extent that restriction is unenforceable under mandatory law; (f) probe, scan, load-test or attempt to defeat the Service's security or rate limits without our prior written consent; (g) attempt to extract system prompts or cause an Agent to act outside its configuration; (h) generate material that is unlawful, defamatory, harassing, or that impersonates a real individual or organisation; (i) use the Service to make automated decisions about individuals without meaningful human involvement.

10. Feedback

If you send us feedback, bug reports, feature requests or suggestions, we may use them without restriction, obligation or payment. You grant us a perpetual, irrevocable, worldwide, royalty-free licence to do so. This does not give us any rights in Customer Data, and we will not identify you as the source without your consent. Participating in a beta means we will ask; you are never obliged to answer.

11. Confidentiality

11.1 Each of us may receive information the other treats as confidential. Each will use it only for the purpose of this agreement, protect it with at least the care it applies to its own confidential information, and disclose it only to those who need it and are under equivalent obligations.

11.2 This does not apply to information that is public through no fault of the recipient, was already lawfully known, is independently developed, or must be disclosed by law or court order — in which case, where lawful, the recipient will tell the other first.

11.3 Customer Data is your confidential information. The non-public parts of the Service, including its behaviour, roadmap and pricing discussions during the beta, are ours.

11.4 These obligations continue for three years after access ends, and indefinitely for anything that is a trade secret.

12. Subprocessors and AI model providers

12.1 We use third-party infrastructure, AI model and payment providers to run the Service. The current list — at the date of this version: OVH SAS (hosting and storage, Germany), Anthropic PBC (language models, United States), ElevenLabs, Inc. (speech recognition and synthesis, United States) and Mailjet SAS (transactional email, France) — with what each is used for, where it processes and the transfer mechanism relied on, is Annex III of the DPA. Payments are handled by Stripe Payments Europe, Limited, Dublin, Ireland — payment processing, subscription management, invoicing, tax calculation. Stripe processes the name, email address, billing address and VAT ID given at checkout, and card data, which is entered on Stripe's own pages and never seen by Echo. It processes in the EU, so no transfer mechanism is required. For fraud prevention and its own regulatory compliance, Stripe acts as an independent controller. Stripe handles billing data we hold as controller (clause 13.3), not Customer Data; it is listed in Annex III all the same so that the list is complete. Annex III governs if this clause and it ever differ.

12.2 We remain responsible for our subprocessors' performance. We will give reasonable advance notice of a new subprocessor that processes Customer Data, and you may object on reasonable data protection grounds; if we cannot resolve the objection, either of us may end this agreement without penalty.

12.3 Model and speech providers process prompts, Customer Data and voice audio only to return an Output. Anthropic is prohibited by its commercial terms from training models on that content. ElevenLabs' use of content to train or improve its models is disabled at account level for the account the Service uses; ElevenLabs may not train on content submitted while that setting is in force. We will not change either position without notice under clause 12.2.

13. Data protection

13.1 Where we process personal data contained in Customer Data, you are the controller and we are the processor within the meaning of the GDPR (Regulation (EU) 2016/679). This includes personal data about your Authorised Users' colleagues and about Participants.

13.2 That processing is governed by the DPA, which contains the terms required by Article 28(3) GDPR. The DPA is published at echo-beta.agenticagency.dev/dpa, is incorporated into this agreement by reference, and is accepted when you accept these Terms; no separate signature is required. On request we will countersign a copy. In the event of conflict between these Terms and the DPA on the processing of personal data, the DPA prevails.

13.3 We process personal data about your Authorised Users for our own purposes — account administration, security, support and billing — as controller. That processing is described in our Privacy Notice at echo-beta.agenticagency.dev/privacy.

13.4 Transfers of personal data outside the EU/EEA are made only where a valid transfer mechanism applies, including the Standard Contractual Clauses where required. Details are in clause 11 and Annex III of the DPA.

13.5 We will tell you without undue delay, and in any event within 48 hours of becoming aware, of a personal data breach affecting Customer Data, with the information you need to meet your own notification obligations.

14. Security

14.1 We apply technical and organisational measures appropriate to the risk, including encryption in transit and at rest, access control, and scoping of data to the project it was given to. The current description is on the Trust Centre and in the security overview available on request.

14.2 Certifications, audits and assurance reports are as stated on the Trust Centre. Where the Trust Centre states that something is not yet in place, that statement governs, and nothing elsewhere should be read as a representation to the contrary.

14.3 Beta environments are not production environments. Clause 3 applies.

15. Intellectual property

15.1 We own the Service, the software, models, prompts, designs, documentation and all improvements to them, including anything we develop from feedback under clause 10. Nothing here transfers those rights.

15.2 We grant you a non-exclusive, non-transferable, revocable right to use the Service during the beta, for your internal business purposes, subject to these Terms.

15.3 You may not use our name, logo or the Echo mark without our written consent, except to identify the Service internally.

16. Term, termination, export and switching

16.1 This agreement starts when you first access the Service and continues until ended under this clause.

16.2 You may stop and leave at any time, with immediate effect, by written notice to legal@agenticagency.dev or by deleting your account. We will not require more than two months' notice from you in any circumstances. Leaving also ends any Pro subscription: we end it so that nothing further is charged, the refund rule in clause 4.7 applies to the period already paid for, and clauses 16.4 and 16.5 then govern export and deletion of your Customer Data.

Cancelling only the Pro subscription is a different, smaller step. You do it yourself, at any time, in the billing portal opened from "Manage billing" in your account menu (Stripe hosts it; clause 12.1). Cancellation stops future charges at the end of the billing period you have paid for; you keep the Pro plan until then, and the account then moves to the Free plan. It does not end this agreement, does not delete your account or your Customer Data, and does not start the deletion in clause 16.5 — the account simply continues on the Free plan under clause 4.1 until you subscribe again or leave under the first paragraph of this clause.

16.3 We may end this agreement on 30 days' written notice, or immediately on written notice if you materially breach these Terms and do not fix it within 14 days of being asked, or if you become insolvent.

16.4 Export. For at least 30 days after access ends you may export Customer Data — answers with author and timestamp, transcripts, and generated documents — in the machine- readable formats the Service supports. We will assist reasonably and will not charge for export or for switching to another provider or to your own systems. This clause is intended to give effect to Chapter VI of Regulation (EU) 2023/2854 (the Data Act).

16.5 Deletion. After the export window we will delete Customer Data within 30 days, except where retention is required by law, and will confirm deletion on request. Backups are overwritten on their ordinary cycle.

16.6 Clauses 6.1, 7, 10, 11, 15, 16.4–16.6, 17, 18, 19 and 22 survive termination.

17. Warranties and disclaimer

17.1 Each of us warrants that it has the authority to enter into this agreement.

17.2 Subject to clause 19.3 and to the fullest extent permitted by law, the Service is provided "as is" and "as available", and we exclude all other warranties, conditions and terms whether express, implied or statutory — including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, or non-infringement.

17.3 We do not warrant that the Service will be uninterrupted, error-free or secure, that defects will be corrected, that Outputs will be accurate or fit for your purpose, or that Customer Data will not be lost. This is a beta, and clause 3 says why.

18. Indemnity

You will defend us against, and indemnify us for, third-party claims arising from (a) Customer Data, (b) your use of Outputs, (c) your contact with Participants, or (d) your breach of clause 8 or clause 9 — including reasonable legal costs. We will tell you promptly of any such claim, give you control of the defence, and cooperate at your expense. You may not settle in a way that imposes an obligation or admission on us without our consent.

19. Limitation of liability

19.1 Neither of us is liable for indirect or consequential loss, loss of profit, revenue, anticipated savings, goodwill or business opportunity, loss or corruption of data (save as set out in the DPA), or the cost of procuring substitute services, however arising.

19.2 Subject to clause 19.3, our total aggregate liability arising out of or in connection with this agreement, in contract, tort (including negligence) or otherwise, is limited to DKK 10,000. The Service is supplied free of charge during the beta, and this cap reflects that.

19.3 Nothing in this agreement limits or excludes liability that cannot be limited or excluded under Danish law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, and for damage caused intentionally or by gross negligence (forsæt eller grov uagtsomhed).

19.4 Liability for administrative fines and claims under Article 82 GDPR is allocated by the DPA, not by this clause.

19.5 Neither of us is liable for failure to perform caused by an event beyond reasonable control, including natural disaster, war, act of terrorism, industrial action, failure of a public network or utility, or failure of a third-party provider on which the Service depends — provided the affected party tells the other promptly and works to resume. This does not excuse an obligation to pay.

20. Changes to these Terms

20.1 We may change these Terms. We will publish the new version with a new effective date and, for a change that is material and adverse to you, give at least 30 days' notice to the email address on your account.

20.2 If you do not accept a material change, tell us before it takes effect and end this agreement under clause 16.2; clause 16.4 applies. Continued use after the effective date is acceptance.

21. General

21.1 Assignment. You may not assign this agreement without our written consent, not to be unreasonably withheld. We may assign it to a group company or in connection with a merger, reorganisation or sale of the business, on notice to you.

21.2 Notices. Notices to us go to legal@agenticagency.dev and to the registered address in clause 1. Notices to you go to the email address on your account. Notice by email is effective on the next business day after sending.

21.3 No partnership. Nothing here creates a partnership, agency, joint venture or employment relationship.

21.4 No third-party rights. Nobody other than you and us may enforce this agreement. Participants acquire no rights under it.

21.5 Severability. If a provision is held unenforceable, it is modified to the minimum extent necessary to make it enforceable, or severed, and the rest stands.

21.6 Waiver. A failure to enforce a right is not a waiver of it.

21.7 Language. These Terms are written in English. A translation is provided for convenience only; the English text governs.

22. Governing law and jurisdiction

22.1 This agreement, and any non-contractual obligation arising from it, is governed by the laws of Denmark, excluding its conflict-of-law rules and excluding the UN Convention on Contracts for the International Sale of Goods.

22.2 The courts of Denmark have exclusive jurisdiction, with the Copenhagen City Court (Københavns Byret) as the court of first instance.

22.3 Nothing in this clause prevents either party from seeking injunctive relief in any competent court to protect its intellectual property or confidential information.

Contact

Agentic Agency ApS · CVR 46326458 Gammel Kongevej 152 B, 3., 1850 Frederiksberg C, Denmark legal@agenticagency.dev · +45 28 96 20 00

Company details and information duties: see the Legal Notice / Impressum.