Eko.ai operates a software platform that enables verified individuals, organizations, and professionals (“Offerers”) to create and deploy AI-generated conversational representations of themselves, their methodologies, or their informational content (“Avatars”) for interaction by registered users (“Users”). Eko.ai is a technology provider only and does not provide medical, legal, psychological, financial, therapeutic, accounting, or other regulated professional services. All outputs generated by Avatars are provided solely for informational, educational, and convenience purposes.

By using the platform, Users expressly acknowledge and agree that: (a) they are interacting with an artificial intelligence system and not a live human unless explicitly stated otherwise; (b) Avatar outputs may contain inaccuracies, omissions, outdated information, hallucinations, or content inconsistent with an Offerer’s current views or professional obligations; (c) use of the platform does not create any fiduciary, professional, clinical, advisory, solicitor-client, doctor-patient, therapist-patient, or other legally protected relationship between the User, Eko.ai, or any Offerer; (d) Users remain solely responsible for independently evaluating and verifying all information obtained through the platform before relying upon it; and (e) no output generated through the platform constitutes professional advice, diagnosis, treatment, representation, certification, or legally binding instruction.

Users should consult appropriately licensed professionals before making decisions involving health, law, finance, taxation, mental health, safety, investments, or regulatory compliance.

By using the platform, Users and Offerers represent and warrant that: (a) they are at least the age of majority in their jurisdiction of residence; (b) they possess the legal capacity to enter into binding agreements; (c) they will provide accurate, complete, and current registration information; (d) they will maintain the confidentiality and security of their credentials; and (e) they will not access or use the platform where prohibited by applicable law.

Eko.ai reserves the right to suspend, restrict, or terminate access to any account where it reasonably suspects fraud, abuse, unlawful conduct, credential misrepresentation, regulatory exposure, or violation of these Terms.

Offerers may be subject to onboarding procedures including identity verification, credential validation, licensing review, and regulatory screening. Verification by Eko.ai constitutes a limited onboarding review only and does not constitute endorsement, accreditation, sponsorship, supervision, or certification by Eko.ai.

Offerers remain solely responsible for: (a) the legality, accuracy, completeness, and currency of all uploaded materials, prompts, methodologies, and training data; (b) ensuring that Avatar outputs comply with all laws, licensing obligations, professional regulations, disclosure requirements, advertising rules, and ethical standards applicable to their jurisdiction and field; (c) obtaining all necessary consents, permissions, and intellectual property rights relating to submitted materials; and (d) monitoring the operation and use of their Avatar where required by applicable law or professional obligations.

Eko.ai disclaims all responsibility arising from Offerer-generated content, professional misconduct, or regulatory non-compliance.

Users acknowledge that artificial intelligence systems are probabilistic technologies that may generate inaccurate, incomplete, misleading, biased, offensive, or unpredictable outputs.

Eko.ai makes no representation, warranty, or guarantee regarding: (a) the accuracy, legality, reliability, or completeness of Avatar responses; (b) uninterrupted or error-free platform operation; (c) compatibility with any professional, regulatory, or jurisdictional requirements; and (d) the suitability of outputs for any specific purpose or use case.

Users assume all risks associated with reliance upon AI-generated content.

The platform is not intended for emergency response, crisis intervention, or high-risk decision-making environments. Users shall not rely upon Eko.ai or any Avatar for: (a) medical emergencies; (b) mental health crises; (c) suicidal ideation support; (d) criminal reporting; (e) legal deadlines or filings; (f) financial trading decisions; (g) safety-critical systems; or (h) regulatory compliance determinations.

If you are experiencing an emergency, contact emergency services or a qualified professional immediately.

6.1 Ownership by Offerers

Except for rights expressly granted herein, Offerers retain ownership of their submitted materials, including text, likeness, voice, image, video, methods, branding, documentation, and proprietary knowledge.

6.2 License to Eko.ai

By submitting content to the platform, Offerers grant Eko.ai a worldwide, non-exclusive, revocable, sublicensable, and technically necessary license to host, process, reproduce, adapt, transmit, display, and deploy such content solely for: (a) operating the platform; (b) generating and serving the Offerer’s Avatar; (c) platform security and fraud prevention; (d) system maintenance and diagnostics; and (e) quality assurance and internal platform improvement.

Eko.ai will not knowingly use Offerer training materials to train unrelated third-party commercial AI models without separate written authorization.

6.3 Platform Ownership

All platform software, infrastructure, APIs, interfaces, databases, visual assets, workflows, branding, system architecture, and proprietary technologies remain the exclusive property of Eko.ai or its licensors and are protected under applicable intellectual property laws. No rights are granted except as expressly stated in these Terms.

Users retain ownership of their submitted prompts, inputs, and conversation content, subject to the rights necessary for Eko.ai to operate the services.

Users grant Eko.ai a limited license to process, store, analyze, transmit, and display User content solely for: (a) delivering platform functionality; (b) maintaining conversation continuity; (c) fraud prevention and abuse detection; (d) diagnostics and system monitoring; and (e) legal compliance and enforcement.

Users acknowledge that no internet transmission or AI processing system can be guaranteed to be completely secure.

Eko.ai processes personal information in accordance with applicable Canadian privacy legislation, including Quebec’s Act respecting the protection of personal information in the private sector (“Law 25”) and the Personal Information Protection and Electronic Documents Act (“PIPEDA”).

Information collected may include: (a) registration information; (b) identity verification records; (c) usage analytics; (d) device and session metadata; (e) payment records; (f) communication history; and (g) AI interaction history where memory functionality is enabled.

Users may have rights under applicable law to: (a) access personal information; (b) request correction of inaccurate information; (c) withdraw consent where legally permitted; and (d) request deletion of personal information subject to legal retention obligations.

Privacy requests may be submitted to privacy@eko.ai. Eko.ai may retain information where required for fraud prevention, dispute resolution, legal compliance, enforcement of contractual rights, or security investigations.

All purchases made through the platform are final and non-refundable except where required by mandatory consumer protection laws. Tokens, credits, usage balances, and platform entitlements: (a) have no monetary value; (b) are non-transferable; (c) are non-redeemable for cash; and (d) do not constitute stored value or financial instruments.

Eko.ai reserves the right to: (a) modify pricing; (b) suspend token systems; (c) change billing structures; (d) impose usage limitations; (e) introduce new fees; and (f) discontinue services.

Offerer compensation, commissions, and revenue-sharing arrangements shall be governed exclusively by separate written agreements. Eko.ai reserves the right to withhold or reverse payouts where it reasonably suspects: (a) fraud; (b) abuse; (c) chargeback risk; (d) unlawful conduct; (e) credential misrepresentation; (f) sanctions violations; or (g) regulatory exposure.

Users and Offerers shall not: (a) violate any applicable law or regulation; (b) impersonate another person or entity; (c) upload unlawful, infringing, defamatory, abusive, hateful, discriminatory, or deceptive content; (d) attempt to reverse engineer, scrape, extract, replicate, or reconstruct models, prompts, datasets, embeddings, or system architecture; (e) circumvent rate limits, payment systems, moderation systems, or access controls; (f) use automated tools to access the platform without authorization; (g) generate content intended to facilitate illegal activity, fraud, harassment, violence, exploitation, or misinformation; (h) interfere with platform integrity, security, or availability; or (i) use outputs as certified professional advice or legally binding documentation without independent verification.

Eko.ai reserves the right to investigate suspected violations and cooperate with law enforcement or regulatory authorities where legally required.

The platform may integrate third-party providers, including payment processors, cloud infrastructure providers, AI model providers, analytics systems, communication services, hosting providers, or identity verification services. Eko.ai does not control and is not responsible for third-party services, policies, outages, security practices, or operational failures.

Use of third-party services may be subject to separate terms, conditions, and privacy policies imposed by those providers.

The platform is currently offered in an evolving and experimental form and may include beta-stage functionalities, incomplete features, interruptions, bugs, security vulnerabilities, or operational instability.

Eko.ai may modify, suspend, restrict, discontinue, or remove any aspect of the platform at any time without liability or prior notice. No uptime guarantee, service-level commitment, or uninterrupted availability is provided unless expressly stated in a separate written agreement.

Users acknowledge and accept the risks associated with accessing beta-stage technologies and experimental AI systems.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR COLLATERAL.

EKO.AI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING: (a) MERCHANTABILITY; (b) FITNESS FOR A PARTICULAR PURPOSE; (c) NON-INFRINGEMENT; (d) ACCURACY; (e) SECURITY; (f) RELIABILITY; (g) CONTINUOUS AVAILABILITY; and (h) REGULATORY COMPLIANCE.

NO INFORMATION OR STATEMENT PROVIDED BY EKO.AI SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN WRITING.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EKO.AI, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, LICENSORS, TECHNOLOGY PROVIDERS, AND PARTNERS SHALL NOT BE LIABLE FOR: (a) INDIRECT DAMAGES; (b) INCIDENTAL DAMAGES; (c) SPECIAL DAMAGES; (d) CONSEQUENTIAL DAMAGES; (e) EXEMPLARY DAMAGES; (f) LOSS OF PROFITS; (g) LOSS OF DATA; (h) BUSINESS INTERRUPTION; (i) REPUTATIONAL HARM; (j) REGULATORY PENALTIES; (k) PERSONAL INJURY; (l) PROFESSIONAL LIABILITY; or (m) RELIANCE ON AI OUTPUTS.

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY LIABILITY, OR OTHERWISE

EKO.AI’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (a) THE AMOUNT PAID BY THE CLAIMANT TO EKO.AI DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (b) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

Some jurisdictions do not allow certain limitations of liability, and portions of this section may not apply to certain Users.

Users and Offerers agree to defend, indemnify, and hold harmless Eko.ai and its affiliates, officers, directors, employees, licensors, contractors, and partners from and against any claims, damages, liabilities, losses, penalties, investigations, costs, or expenses, including reasonable legal fees, arising from: (a) violation of these Terms; (b) unlawful conduct; (c) infringement of intellectual property rights; (d) misuse of the platform; (e) reliance upon Avatar outputs; (f) regulatory investigations; (g) professional misconduct; or (h) uploaded content or training materials.

Eko.ai may suspend, restrict, or terminate access immediately, with or without notice, where it reasonably determines that: (a) a legal or regulatory risk exists; (b) platform abuse has occurred; (c) credentials were misrepresented; (d) security concerns arise; or (e) these Terms were violated.

Termination does not limit Eko.ai’s legal rights or remedies. Sections intended to survive termination shall remain in force, including intellectual property protections, liability limitations, indemnities, dispute resolution provisions, and governing law clauses.

These Terms shall be governed exclusively by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms or the platform shall first be addressed through good-faith negotiations between the parties. If unresolved within thirty (30) days, the dispute shall be finally resolved by confidential binding arbitration in Montreal, Quebec, administered pursuant to the rules of the ADR Institute of Canada in force at the time of the dispute.

The language of arbitration shall be English unless otherwise agreed by the parties. Nothing in this section prevents either party from seeking injunctive or equitable relief before a court of competent jurisdiction relating to: (a) intellectual property; (b) confidentiality breaches; (c) unauthorized platform access; or (d) misuse of proprietary systems.

Users are solely responsible for ensuring that their use of the platform complies with all laws, regulations, licensing obligations, export restrictions, sanctions requirements, and professional rules applicable within their jurisdiction.

Eko.ai makes no representation that the platform is lawful or appropriate in every jurisdiction. Users may not use the platform in violation of Canadian export controls, sanctions laws, or applicable international trade restrictions.

Eko.ai reserves the right to amend, modify, replace, or update these Terms at any time. Where legally required, material modifications will be communicated through email, account notification, or platform notice before taking effect.

Continued use of the platform following the effective date of revised Terms constitutes acceptance of the updated Terms.