← Home

Terms and Conditions

Effective Date: January 1, 2025

Important: Please read these Terms and Conditions carefully before using the Effective Communication Research website and services. These Terms contain an arbitration clause and class action waiver that affect your legal rights.

1. Acceptance of Terms

By accessing or using the services provided by Effective Communication Research ("we," "us," "our"), including our website at effectivecommunicationresearch.org and our Associate platform at app.effectivecommunicationresearch.org (collectively, the "Services"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Services.

2. Business Information

Effective Communication Research is operated by Casey Whalen, located in Okemos, Michigan, United States. These Services are provided by an individual business entity.

3. Service Description

Effective Communication Research provides AI-powered communication enhancement tools and services, including but not limited to:

4. Account Registration and Waitlist

4.1 Waitlist

Access to certain Services may require joining a waitlist. Joining the waitlist does not guarantee access to the Services, nor does it create any obligation on our part to provide access. Selection for access is at our sole discretion, based on criteria such as availability, suitability, and business needs. We reserve the right to deny access without explanation and are not liable for any perceived loss or damages arising from waitlist participation or non-selection.

4.2 Account Creation

To access certain features, you may need to create an account. You agree to:

4.3 Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement.

4.4 Beta Program

Certain Services, including the Associate platform, may be offered as part of a beta program ("Beta Services"). Beta Services are provided for testing and evaluation purposes only and may contain bugs, errors, or incomplete features. We make no warranties regarding the availability, functionality, or performance of Beta Services. By participating in a beta program, you agree to provide feedback as requested and acknowledge that Beta Services are provided "as is" with no liability for any issues arising from their use.

5. Acceptable Use Policy

You agree not to use our Services to:

6. Intellectual Property Rights

6.1 Our Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, video, data compilations, and software, are the exclusive property of Effective Communication Research or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not reproduce, modify, distribute, display, perform, or create derivative works of any part of the Services without our prior written consent, except as expressly permitted by these Terms.

6.2 Your Content

You retain ownership of any content you submit through our Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, and display the User Content solely for the purpose of providing and improving our Services.

6.3 Feedback

Any feedback, suggestions, or ideas you provide about our Services ("Feedback") may be used by us without any obligation to compensate you. You grant us a worldwide, perpetual, irrevocable, royalty-free license to use, incorporate, and create derivative works from Feedback in any manner, and you agree that we own all intellectual property rights in any such derivative works.

7. Third-Party Services and AI Providers

7.1 AI Technology Providers

Our Services utilize artificial intelligence technologies provided by third parties, including but not limited to OpenAI (for advanced language processing and generation capabilities) and DeepSeek (for specialized AI analysis and processing). Your use of our Services constitutes acceptance that your data may be processed by these third-party AI providers in accordance with their respective terms and privacy policies. We are not responsible for the acts, omissions, or data practices of these third-party providers, including any data breaches or misuse of data, and you agree to hold us harmless for any claims arising from such third-party actions.

7.2 Payment Processing

Payment processing services are provided by Stripe, Inc. ("Stripe"). By using our paid Services, you agree to be bound by Stripe's Terms of Service and Privacy Policy. We do not store or have access to your full payment card details, which are handled securely by Stripe.

7.3 Third-Party Links

Our Services may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of any third-party sites or services.

8. Payment Terms

8.1 Fees

Certain Services may require payment of fees. All fees are in U.S. dollars unless otherwise specified. You agree to pay all applicable fees as described in the Service.

8.2 Billing

By providing payment information, you authorize us to charge the applicable fees to your payment method. All payments are processed through Stripe.

8.3 Refunds

Unless otherwise specified at the point of purchase, all fees for our Services are non-refundable. If a refund policy is offered for specific Services, it will be clearly communicated at the time of purchase. Refunds, if approved, will be processed through Stripe within a reasonable timeframe, subject to Stripe's terms. We reserve the right to deny refund requests at our sole discretion, except where required by applicable law.

9. Privacy and Data Protection

Your use of our Services is governed by our Privacy Policy, which describes how we collect, use, and protect your information. We comply with applicable data protection laws, including but not limited to the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR), where applicable. By using our Services, you consent to our data practices as described in the Privacy Policy.

10. Disclaimers

10.1 Service Availability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 AI-Generated Content

Our Services use artificial intelligence to process and enhance communications. While we strive for accuracy, we do not guarantee that AI-generated suggestions, translations, or outputs will be error-free, free of biases, or suitable for all contexts. AI outputs may reflect limitations or biases inherent in the underlying technology or training data. Users are solely responsible for reviewing and verifying AI-generated content before use and should not rely on such content for critical decisions, including but not limited to legal, medical, or financial matters. We disclaim all liability for any damages arising from reliance on AI-generated content.

10.3 No Professional Advice

The Services are not intended to provide legal, medical, financial, or other professional advice. Always seek the advice of qualified professionals for such matters.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EFFECTIVE COMMUNICATION RESEARCH AND CASEY WHALEN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO US, IF ANY, IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Effective Communication Research, Casey Whalen, and any affiliates, officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

13. Termination

We reserve the right to suspend or terminate your access to the Services at our sole discretion, with or without cause, and with reasonable notice (e.g., via email or through the Services), except in cases of suspected abuse, violation of these Terms, or legal requirements, where termination may be immediate. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination (e.g., intellectual property, disclaimers, limitation of liability, indemnification, governing law) shall survive.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on this page and updating the "Effective Date." Your continued use of the Services after any changes constitutes acceptance of the new Terms.

15. Governing Law and Dispute Resolution

ARBITRATION NOTICE: PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law provisions.

Arbitration Agreement: Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration conducted in Michigan under the rules of the American Arbitration Association (AAA), except that either party may seek injunctive relief in a court of competent jurisdiction for violations of intellectual property rights or confidentiality obligations.

Class Action Waiver: You agree to waive any right to participate in a class action or consolidated proceeding, and disputes will be resolved on an individual basis only.

Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in Michigan, and you consent to the personal jurisdiction of such courts.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and Effective Communication Research concerning the use of our Services.

18. Contact Information

Effective Communication Research

Operated by: Casey Whalen

Location: Okemos, Michigan, United States

Email: info@effectivecommunicationresearch.org

Website: effectivecommunicationresearch.org

19. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OUR SERVICES.

20. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, labor disputes, cyberattacks, or interruptions in third-party services (e.g., internet connectivity, hosting, or AI providers). We will notify you of such events and resume performance as soon as reasonably possible.

Last Updated: January 2025
© 2025 Effective Communication Research. All rights reserved.