Using ekco at your clinic.

By creating an account or accessing the ekco platform ("Service"), you ("Clinic") agree to these Terms of Service ("Terms") on behalf of your organization. If you do not agree, do not use the Service.

Ekco Health provides software and related services to support clinic operations and patient engagement. The specific services are described in the applicable order form or agreement. Ekco Health is a service provider, not a healthcare provider. The Service does not provide medical advice or make clinical decisions. You may use the Service only in compliance with applicable law and patient consent requirements.

• You must designate at least one authorized administrator responsible for your account.
• You are responsible for keeping credentials secure and for activity under your account.
• You must promptly notify us if you suspect unauthorized access.
• You are responsible for ensuring that only authorized users access the Service.

You may use ekco solely for lawful patient engagement within your clinical practice. You may not resell, sublicense, or provide access to third parties not affiliated with your organization. You may not reverse-engineer the platform or use it to send unsolicited messages to people who have not consented to hear by text.

Where your use of ekco involves protected health information ("PHI") as defined under HIPAA, a Business Associate Agreement ("BAA") with Ekco Health Ltd. must be executed before PHI is processed through the Service. Ekco Health does not accept PHI from clinics that have not executed a BAA with us. Contact us to obtain a BAA before going live with patient messaging.

Your clinic is responsible for obtaining and documenting consent for patient communications under applicable law, including the federal TCPA, your Notice of Privacy Practices, and state requirements that may be stricter than federal rules. Certain communications may require additional consent or disclosures depending on their content and context. Compliance with consent requirements remains your responsibility. Consult your counsel for the states where you practice.

Your clinic directs its use of the Service and remains responsible for patient communications, clinical decisions, consent, and compliance with these Terms. You must ensure that your use is appropriate for your practice and that authorized personnel oversee it.

We handle information as described in the Privacy Policy and any applicable Business Associate Agreement. We do not sell personal information or use it for advertising. Any additional permitted use, retention, or deletion is governed by the applicable agreement and law.

Ekco Health and its licensors own all rights in the platform, software, and documentation. You retain ownership of your clinic's data and content. By using the Service, you grant Ekco Health a limited license to process your data to provide and improve the Service, as described in the BAA and Privacy Policy.

Fees are set out in your Order Form or subscription agreement. Ekco Health may update pricing with 30 days' notice. Continued use after a price change constitutes acceptance. All fees are non-refundable except as required by law or stated in your agreement.

ekco is operated for high availability; any specific service levels are set out in your Order Form or services agreement. Planned maintenance is excluded from availability commitments. Support is available via email and in-platform chat during business hours. We do not provide emergency clinical support; contact emergency services for patient emergencies.

To the maximum extent permitted by law, Ekco Health's total liability for any claim arising from these Terms will not exceed the fees you paid in the 12 months preceding the claim. Ekco Health is not liable for indirect, incidental, or consequential damages. Nothing in these Terms limits liability for gross negligence, willful misconduct, or fraud.

The Service is provided "as is." Ekco Health disclaims all implied warranties, including merchantability and fitness for a particular purpose. The Service is not a medical device and does not diagnose, treat, or recommend clinical decisions.

Either party may terminate with 30 days' written notice. We may suspend or terminate immediately for material breach, non-payment, or conduct that poses a risk to patients or the platform. On termination, your data will be available for export for 30 days, after which it will be deleted consistent with our data retention policy.

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles. Disputes will be resolved in the state or federal courts located in Boulder, Colorado.

We may update these Terms from time to time. We will notify you by email or in-platform notice at least 14 days before material changes take effect. Continued use after the effective date constitutes acceptance.

Questions about these Terms? Email us at legal@ekcohealth.com.