Eko Mind AI – Terms of Service
Last updated: 08/20/2026
These Terms of Service (the “Terms”) are a binding agreement between you and Eko Mind AI LLC, a Delaware limited liability company with an address at 8 The Green, Suite B, Dover, Delaware 19901, United States (“Eko,” “we,” “us,” or “our”). These Terms govern your access to and use of the Eko Mind AI website, mobile applications for iOS and Android, and all related content, features, and services (collectively, the “Services”).
By creating an account, clicking to accept these Terms, downloading an Eko application, purchasing a subscription, or otherwise accessing or using the Services, you agree to these Terms. If you do not agree, do not access or use the Services.
IMPORTANT: EKO IS AN ARTIFICIAL INTELLIGENCE SYSTEM AND AN AI-POWERED GENERAL WELLNESS COMPANION. IT IS NOT A HUMAN, THERAPIST, HEALTHCARE PROVIDER, OR EMERGENCY SERVICE. EKO DOES NOT PROVIDE DIAGNOSIS, MEDICAL TREATMENT, THERAPY, OR PSYCHOTHERAPY AND IS NOT A SUBSTITUTE FOR QUALIFIED PROFESSIONAL CARE. SECTION 22 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER FOR MOST USERS RESIDING IN THE UNITED STATES, TOGETHER WITH A 30-DAY RIGHT TO OPT OUT. SECTION 24 PRESERVES MANDATORY CONSUMER RIGHTS THAT APPLY IN YOUR COUNTRY OR REGION.
1. Definitions
“AI Output” means text, audio, suggestions, exercises, summaries, classifications, or other material generated or selected through artificial intelligence or automated systems within the Services.
“App Store” means the Apple App Store or Google Play, as applicable.
“User Content” means information or material that you submit, speak, upload, connect, transmit, or otherwise make available through the Services, including messages, journal entries, voice recordings or transcripts, preferences, feedback, and information imported from services or devices that you choose to connect.
2. Eligibility and Age Requirement
2.1 Age Requirement
You must be at least 18 years old and have reached the age of legal majority in your jurisdiction of residence to create an account, use the Services, or purchase a subscription. For clarity, if the age of legal majority in your jurisdiction is higher than 18, you must have reached that higher age. By creating an account, you represent and warrant that you meet these requirements. Eko does not knowingly provide the Services to minors. If we learn that a user does not meet these requirements, we may suspend or terminate the account and delete the associated personal data, subject to applicable law.
2.2 Legal capacity
You may use the Services only if you can legally enter into this agreement and are not prohibited from using them under applicable law.
3. Nature and Purpose of the Services
3.1 AI-powered mental wellness companion
Eko is an AI-powered mental wellness companion. It offers general wellness and self-care features that may include AI-assisted conversation, emotional support and self-reflection, mindfulness, meditation, relaxation, sleep and focus support, mental-performance content, guided exercises, and personalized or non-personalized audio sessions.
Some content may be inspired by evidence-informed psychological and wellness practices. Such content is provided solely for general wellness, self-care, informational, and educational purposes.
3.2 No healthcare or professional relationship
Eko is offered for general wellness purposes and is not intended to be a medical device or healthcare service. Eko is an artificial intelligence system, not a human, and does not hold itself out as a psychologist, psychotherapist, therapist, counselor, physician, or other licensed professional. Eko Mind AI LLC is not a hospital, medical practice, mental-health clinic, crisis center, or licensed healthcare provider. The Services do not create a doctor-patient, psychologist-patient, therapist-client, fiduciary, or other professional-care relationship.
The Services do not provide therapy or psychotherapy and do not provide or replace medical, psychological, psychiatric, diagnostic, or other professional advice, diagnosis, treatment, or care. Nothing in the Services should be interpreted as a clinical assessment, therapeutic recommendation, treatment plan, prescription, or recommendation to start, stop, or change medication or professional care.
3.3 Professional care
Always seek the advice of an appropriately qualified professional regarding a medical or mental-health concern, diagnosis, medication, treatment, or significant change in your well-being. Do not disregard professional advice or delay seeking care because of anything presented through the Services.
3.4 No guaranteed outcome
Individual responses to wellness content vary. Eko does not promise that the Services will improve symptoms, mood, sleep, performance, relationships, or any medical, psychological, emotional, or other outcome.
4. Emergencies, Crisis Situations, and Safety
4.1 Not an emergency or crisis service
The Services are not designed for emergencies, crisis intervention, suicide prevention, or real-time safety monitoring. The Services are not continuously reviewed by a human. Eko cannot dispatch emergency services, contact your family or clinician, locate you, or guarantee that language indicating danger, abuse, self-harm, or harm to others will be detected or handled correctly.
4.2 Get immediate help when needed
If you believe that you or another person may be in immediate danger, may harm themselves or someone else, or is experiencing a medical or psychological emergency, stop using the Services and contact the emergency services or crisis resources available where you are located, or go to the nearest emergency department. Do not wait for a response from Eko.
4.3 Automated safety messages
Eko may display crisis or safety information when certain language or patterns are detected. Such messages are automated safeguards only. Their presence, absence, timing, or content must not be treated as a professional risk assessment or assurance of safety.
5. Safe Use of Audio, Relaxation, and Other Exercises
Use guided relaxation, meditation, breathwork, hypnosis-inspired audio, and similar exercises only in a safe environment. Do not use them while driving, operating machinery, supervising an activity that requires continuous attention, swimming, bathing, or doing anything where reduced alertness could create a risk.
Stop an exercise if you feel unsafe, unusually distressed, disoriented, faint, short of breath, or otherwise unwell. If you have a medical or mental-health condition and are uncertain whether an exercise is suitable, consult an appropriately qualified professional before using it.
6. Accounts and Account Security
6.1 Account information
You agree to provide accurate, current information, keep it updated, and not impersonate another person. You may not transfer or sell your account.
6.2 Credentials and activity
You are responsible for keeping your login credentials confidential and for activity conducted through your account, except to the extent caused by Eko’s breach of applicable law. Notify us promptly at info@ekomind.ai if you suspect unauthorized access.
6.3 Account deletion and subscription cancellation are separate
Deleting the application or requesting deletion of your Eko account does not automatically cancel an App Store subscription. Cancelling an App Store subscription does not automatically delete your Eko account or associated data. You must manage each action separately using the methods described in the Services, the Privacy Policy, and your applicable App Store account settings.
7. Subscriptions, App Store Billing, and Cancellation
7.1 Paid features
Some features require an auto-renewing subscription. Before purchase, the applicable App Store will display the subscription plan, price, currency, billing period, included features, any trial or promotional period, and other material purchase terms. The terms displayed at checkout form part of your subscription agreement.
7.2 App Store purchases only
Eko subscriptions are available for purchase only through the Apple App Store or Google Play. Eko does not sell subscriptions directly through its website. Your purchase is made through the applicable App Store, which processes payment and manages billing under its terms using the payment method associated with your App Store account. Eko does not directly collect or control the payment credentials used for these purchases.
7.3 Automatic renewal
Your subscription automatically renews for successive periods of the same duration unless you cancel it through the applicable App Store before the renewal deadline shown by that App Store. The App Store will charge the then-applicable subscription price and any applicable taxes in accordance with its terms.
7.4 Cancellation
You may cancel at any time through your Apple App Store or Google Play subscription settings. Unless applicable law or the App Store’s rules provide otherwise, cancellation takes effect at the end of the current paid billing period, and you will retain access to paid features until then. Removing the application, ceasing to use Eko, or deleting your Eko account does not cancel the subscription.
7.5 Trials and promotions
If a free or discounted trial automatically converts to a paid subscription, the conversion terms and deadline for cancellation will be displayed before you subscribe. Unless you cancel within the time specified by the applicable App Store, the App Store may charge the price displayed at checkout when the trial or promotional period ends. Eligibility for trials and promotions may be limited.
7.6 Refunds and statutory rights
Requests concerning charges, payment errors, cancellations, or refunds for App Store purchases must be submitted through Apple or Google using the applicable App Store procedures. Refunds are governed by the App Store’s terms and applicable law. Nothing in these Terms limits a refund, withdrawal right, remedy, or consumer guarantee that cannot lawfully be excluded.
7.7 Price changes
Subscription prices may change. Apple or Google will provide any notice or request any consent required by its rules or applicable law. If you do not agree to a price change, you must cancel before the change takes effect. A price change does not affect a period already paid for unless the App Store or applicable law provides otherwise.
7.8 Restoring purchases
Access to paid features may require you to use the “restore purchases” function or sign in with the Eko and App Store accounts associated with the purchase. Cross-platform access, family sharing, and subscription portability are available only where expressly supported.
8. Artificial Intelligence and AI Output
8.1 You are interacting with AI
The Services use artificial intelligence and automated systems. You are interacting with AI, not a human. Unless expressly identified otherwise, conversational responses and many recommendations, classifications, and audio selections are generated or selected by AI rather than by a human professional. No AI Output should be understood as care, advice, assessment, or a report provided by a licensed professional.
The Services may use conversational language and simulate empathy, understanding, or a human-like relationship. This does not mean that Eko is conscious, has emotions, understands you as a human would, or forms a personal, therapeutic, or professional relationship with you.
8.2 Limitations
AI Output is probabilistic and may be inaccurate, incomplete, inconsistent, outdated, repetitive, inappropriate, or unsuitable for you. Similar inputs may produce different outputs, and different users may receive similar outputs. Eko does not guarantee that AI Output is factually correct, complete, unique, or free from third-party rights.
AI Output may include text, voice, audio, images, or other content generated, selected, modified, or synthesized using AI. Where required by applicable law, Eko will provide or enable applicable labels, disclosures, metadata, or other technical markings identifying such content as AI-generated or synthetic. The absence of a visible label does not mean that content was created or reviewed by a human.
8.3 Appropriate reliance
Use your own judgment and independently verify important information. Do not rely on AI Output to make decisions involving medical or psychological care, personal safety, medication, emergencies, legal rights, finances, employment, or any other matter where an error could cause material harm.
8.4 Personalization
AI Output may be adapted using information you provide, your activity in the Services, preferences, prior interactions, and optional connected data. Personalization does not make an output a diagnosis, professional recommendation, or assurance that it is suitable or safe.
8.5 Moderation and safeguards
Eko may use automated and human-supported systems to prevent misuse, improve safety, investigate technical issues, or enforce these Terms, subject to the Privacy Policy and applicable law. Safeguards may fail, over-block, or under-block content and do not replace professional review.
9. Health, Wellness, and Connected Device Data
9.1 Optional connections
The Services may allow you to connect Apple Health, Health Connect, a wearable device, or another third-party service. Such connections are optional. Eko will request access only through the permissions presented to you, and our handling of connected data is described in the Privacy Policy and any applicable health-data notice or consent.
9.2 Data limitations
Connected data may be delayed, unavailable, estimated, incomplete, or inaccurate because of device placement, user behavior, synchronization, third-party systems, or other factors. Scores, trends, alerts, baselines, and interpretations provided by Eko are general wellness information and are not clinical measurements, diagnoses, or medical advice.
9.3 No safety-critical use
Do not use Eko or connected device data to detect or manage an emergency, determine whether you have a health condition, or decide whether to seek, begin, stop, or change professional care.
9.4 Permissions
You may revoke connected-service permissions through the relevant device or platform settings. Revocation may limit or disable related features but does not necessarily delete information previously processed; deletion is governed by the Privacy Policy and applicable law.
10. User Content
10.1 Ownership
As between you and Eko, you retain your rights in User Content. Eko does not claim ownership of your private conversations, recordings, journal entries, or other User Content merely because you use the Services.
10.2 Limited permission to operate the Services
You grant Eko and its service providers a worldwide, non-exclusive, royalty-free license to host, reproduce, transmit, convert, transcribe, analyze, and otherwise process User Content only as reasonably necessary to provide, personalize, maintain, secure, and support the Services; comply with law; enforce these Terms; and carry out the practices described in the Privacy Policy. This license ends when the relevant User Content is deleted from active systems, except to the extent retention is reasonably required for backups, security, legal obligations, dispute resolution, or enforcement.
Any use of User Content to train or improve AI models will be governed by the Privacy Policy, the choices made available to you, and any consent required by law.
10.3 Your responsibilities
You represent that you have the rights and permissions necessary to provide User Content and authorize the processing described in these Terms. Do not provide another person’s confidential, health, biometric, or other sensitive information unless you are legally authorized to do so.
10.4 Removal
Eko may restrict or remove User Content that violates these Terms or applicable law, creates a security risk, or threatens the rights or safety of Eko, users, or others. Where required by law and reasonably practicable, we will provide an explanation or an opportunity to challenge the decision.
11. Acceptable Use
You may not use, assist, or attempt to use the Services to:
- use the Services to develop or benchmark a competing model, service, or dataset except with our written permission.
- violate any law or the rights of another person;
- threaten, exploit, abuse, harass, defame, stalk, or facilitate harm to another person;
- create, upload, or distribute unlawful, infringing, malicious, deceptive, or privacy-invasive material;
- impersonate another person or misrepresent your identity, qualifications, or affiliation;
- provide therapy, healthcare, crisis intervention, diagnosis, treatment, or professional decision-making services to another person through Eko;
- make automated or high-impact decisions about another person, including decisions concerning health, employment, insurance, credit, education, or legal rights;
- reverse engineer, decompile, disassemble, copy, scrape, crawl, or extract the Services or their underlying models, prompts, datasets, software, or security mechanisms, except to the limited extent applicable law expressly permits despite this restriction;
- use bots, scripts, or automated methods to access the Services without our written permission;
- bypass access controls, subscription checks, usage limits, safety systems, or technical restrictions;
- interfere with, overload, disrupt, test without authorization, or introduce malicious code into the Services; or
- use the Services to develop or benchmark a competing model, service, or dataset except with our written permission.
12. Intellectual Property and Licenses
12.1 Eko materials
The Services, including their software, interface, design, branding, trademarks, databases, curated content, audio library, algorithms, and underlying technology, are owned by Eko or its licensors and are protected by intellectual-property and other laws.
12.2 License to you
Subject to these Terms, Eko grants you a limited, personal, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Services for your own non-commercial wellness purposes on devices you own or control, subject to applicable App Store usage rules.
12.3 AI Output and generated audio
Subject to these Terms and applicable law, you may use AI Output and audio generated specifically for you for personal, non-commercial purposes. Eko does not guarantee that AI Output is eligible for intellectual-property protection, unique to you, or free of similarity to material generated for others. This permission does not grant rights in the Services, Eko branding, third-party material, or underlying models and technology.
12.4 Feedback
If you voluntarily provide ideas, suggestions, or feedback about the Services, you grant Eko a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that feedback without compensation or attribution, provided that Eko does not publicly identify you as the source without permission.
13. Third-Party Platforms and Services
The Services may depend on or connect with App Stores, operating systems, AI or voice technology providers, analytics and infrastructure providers, health platforms, wearable devices, or external links. Third-party products and services are governed by their own terms and privacy practices.
Eko is not responsible for a third party’s independent acts, systems, availability, accuracy, or data practices, but this does not exclude any responsibility that Eko cannot lawfully exclude. Changes made by a third party may affect or disable an Eko feature.
14. Privacy and Sensitive Information
Our Privacy Policy, together with any health-data, biometric-data, cookie, or age-assurance notice presented to you, describes how Eko collects, uses, discloses, retains, and protects personal information. By using the Services, you acknowledge that those notices apply to the relevant processing.
The Services may process information concerning emotions, mental well-being, sleep, heart rate, activity, voice, and other sensitive matters when you choose to provide or connect it. Review the Privacy Policy carefully before providing such information.
Unless Eko expressly agrees otherwise in a written agreement, the Services are not designed for use by healthcare providers to store or transmit patient records or to satisfy a provider’s obligations under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”).
15. Service Availability, Updates, and Changes
15.1 Availability
Eko may maintain, update, modify, suspend, or discontinue all or part of the Services. Availability may vary by device, operating system, language, country, state, province, territory, subscription plan, or App Store. Certain features or access may be restricted or unavailable in jurisdictions where they would require professional licensure, regulatory authorization, or additional safeguards. We do not guarantee uninterrupted availability, perfect security, retention of every conversation, or compatibility with every device or third-party service.
15.2 Updates
You may need to install application or operating-system updates to continue using the Services. Updates may add, remove, or change features. We may implement urgent changes without advance notice when reasonably necessary for security, safety, legal compliance, or service integrity.
15.3 Material changes to paid services
If a change materially and negatively affects a paid Service, Eko will provide any notice, continued-access option, termination right, refund, or other remedy required by applicable law. Subscription billing and price changes remain subject to Section 7 and the applicable App Store terms.
16. Suspension, Termination, and Account Closure
16.1 By you
You may stop using the Services at any time and may request account deletion using the method provided in the Services or Privacy Policy. You remain responsible for separately cancelling any App Store subscription.
16.2 By Eko
Eko may suspend, restrict, or terminate access if we reasonably believe that you materially or repeatedly violated these Terms, created a safety or security risk, used the Services unlawfully, failed to pay through the App Store, or if suspension is reasonably necessary to comply with law or protect the Services, Eko, users, or others.
Where required by law and reasonably practicable, we will provide notice, the reason for our action, and an opportunity to contact us. We may act immediately when delay could create harm, legal exposure, fraud, or a security risk.
16.3 Effect of termination
When access ends, the license granted to you under these Terms ends. Provisions that by their nature should survive will remain effective, including provisions concerning ownership, accrued payment obligations, disclaimers, liability, dispute resolution, and general terms. Refund rights, if any, are governed by the applicable App Store and mandatory law.
17. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND AI OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EKO DISCLAIMS EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND QUIET ENJOYMENT.
EKO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, SUITABLE FOR YOUR NEEDS, OR FREE OF HARMFUL COMPONENTS, OR THAT AI OUTPUT OR CONNECTED DATA WILL BE ACCURATE, COMPLETE, SAFE, OR EFFECTIVE.
THIS SECTION DOES NOT EXCLUDE ANY WARRANTY, CONSUMER GUARANTEE, OR OTHER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
18. Limitation of Liability
18.1 Excluded damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EKO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES MAY OCCUR.
18.2 Liability cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF EKO AND THE OTHER EKO PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) USD $100; OR (B) THE AMOUNT YOU PAID FOR THE SERVICES THROUGH THE APPLICABLE APP STORE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
18.3 Matters not limited
Nothing in these Terms excludes or limits liability to the extent it cannot lawfully be excluded or limited, including, where applicable, liability for fraud, fraudulent misrepresentation, willful misconduct, gross negligence, death or personal injury caused by negligence, breach of mandatory data-protection obligations, or violation of non-waivable consumer rights.
18.4 Application
The exclusions and cap apply regardless of the legal theory and even if a remedy fails of its essential purpose. Some jurisdictions do not permit certain exclusions or limitations; in those jurisdictions, this Section applies only to the maximum extent permitted by law.
19. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Eko and its affiliates, officers, employees, contractors, licensors, and service providers from third-party claims, losses, liabilities, damages, judgments, penalties, and reasonable legal costs arising from your unlawful misuse of the Services, your material violation of these Terms, or User Content that infringes another person’s rights.
Eko will provide reasonable notice of a covered claim and may control its defense and settlement, provided that Eko will not agree to a settlement that admits personal wrongdoing by you or imposes a non-monetary obligation on you without your consent. This Section does not apply to the extent prohibited by consumer law or to claims caused by Eko’s own conduct.
20. Additional Terms for Apple App Store Users
If you download or use the iOS application, the following terms apply:
- These Terms are between you and Eko, not Apple. Eko, not Apple, is responsible for the application and its content.
- Your license is limited to a non-transferable license to use the application on Apple-branded products that you own or control as permitted by the Apple Media Services Terms and Conditions, including access through Family Sharing or volume purchasing where applicable.
- Eko is responsible for maintenance and support required under these Terms or applicable law. Apple has no obligation to provide maintenance or support.
- If the application fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, in accordance with applicable App Store rules. To the maximum extent permitted by law, Apple has no other warranty obligation concerning the application.
- Eko, not Apple, is responsible for addressing claims relating to the application, including product-liability, regulatory, consumer-protection, privacy, and intellectual-property claims.
- You represent that you are not located in a country or region subject to a U.S. Government embargo applicable to the Services and are not listed on a U.S. Government prohibited- or restricted-party list.
- You must comply with applicable third-party terms when using the application.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce this Section against you.
21. Additional Terms for Google Play Users
If you download or use the Android application through Google Play, you acknowledge that:
- these Terms are between you and Eko, not Google;
- Google is not responsible for the Services, their content, maintenance, support, or claims relating to them;
- your use of Google Play and its billing system is also governed by Google’s applicable terms; and
- if these Terms conflict with mandatory Google Play terms concerning your use of Google Play, those Google Play terms control to that extent.
22. U.S. Arbitration Agreement and Class-Action Waiver
THIS SECTION APPLIES ONLY TO USERS RESIDING IN THE UNITED STATES. IT DOES NOT APPLY WHERE APPLICABLE LAW PROHIBITS PRE-DISPUTE ARBITRATION OR DOES NOT PERMIT THE RIGHTS DESCRIBED BELOW TO BE WAIVED.
22.1 Informal resolution first
Before filing arbitration or a lawsuit, the party raising a dispute must send an individualized written notice describing the dispute, relevant account information, supporting facts, and requested relief. Notices to Eko must be sent to info@ekomind.ai with the subject “Notice of Dispute.” A paper copy may also be mailed to Eko Mind AI LLC, 8 The Green, Suite B, Dover, DE 19901, USA. Eko may send notice to the email or mailing address associated with your account.
The parties will attempt in good faith to resolve the dispute for 60 days after receipt of a complete notice. Any applicable limitations period will be tolled during this 60-day period.
22.2 Binding individual arbitration
Except for matters described in Section 22.3, any dispute, claim, or controversy arising out of or relating to the Services, these Terms, or the relationship between you and Eko that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs this arbitration agreement.
The arbitrator may award the same individual remedies that a court could award, including declaratory or injunctive relief where legally available, but only to the extent necessary to resolve the individual claim. The arbitrator will issue a reasoned written decision. Judgment on the award may be entered in any court with jurisdiction.
22.3 Exceptions
Either party may bring an eligible individual claim in small claims court. Either party may seek temporary or preliminary relief in a court where necessary to prevent immediate misuse of intellectual property, unauthorized access, or a security breach while arbitration is pending. Claims that applicable law does not permit to be arbitrated are excluded from this Section.
22.4 Procedure, location, and fees
Arbitration may be conducted by video conference, telephone, documents, or an in-person hearing, as allowed by the AAA rules and determined by the arbitrator. Any in-person hearing for a consumer will take place at a reasonably convenient location.
Fees will be allocated under the AAA Consumer Arbitration Rules. Eko will pay fees that those rules or applicable law require Eko to pay. Each party is responsible for its own attorneys’ fees unless applicable law or the arbitrator permits an award of fees.
22.5 Class-action and jury-trial waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND EKO AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE DIFFERENT PERSONS’ CLAIMS OR CONDUCT A CLASS OR REPRESENTATIVE PROCEEDING WITHOUT THE WRITTEN CONSENT OF ALL PARTIES. YOU AND EKO EACH WAIVE THE RIGHT TO A JURY TRIAL FOR DISPUTES SUBJECT TO ARBITRATION.
22.6 Right to opt out
You may opt out of this arbitration agreement by sending an email to info@ekomind.ai within 30 days after the date you first accept these Terms. Use the subject “Arbitration Opt-Out” and include your full name, the email address associated with your account, and a clear statement that you opt out of the arbitration agreement in the Eko Mind AI Terms of Service. Opting out will not affect your access to the Services or any other part of these Terms.
22.7 Severability
If part of this Section is found unenforceable, it will be severed to the minimum extent necessary and the remainder will remain effective. If the class-action waiver is found unenforceable as to a particular claim or requested remedy, that claim or remedy will be decided by a court after all arbitrable claims are completed.
23. Governing Law and Courts
Except as provided in Sections 22 and 24, these Terms and any dispute arising from them are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For disputes not subject to arbitration and where applicable consumer law does not permit you to sue in the courts where you live, you and Eko consent to the exclusive jurisdiction of the state and federal courts located in Delaware.
Nothing in these Terms deprives a consumer of the mandatory protections of the law of the country or region where the consumer habitually resides or of access to a court that applicable law requires to remain available.
24. Regional Consumer Rights
24.1 European Economic Area and United Kingdom
If you are a consumer in the European Economic Area or United Kingdom, mandatory consumer law applies in addition to these Terms. You retain statutory rights concerning digital content and digital services, including rights relating to conformity, reasonable care and skill, remedies, unfair terms, and any applicable right of withdrawal. Contractual disclaimers, liability limits, choice of law, and dispute provisions in these Terms apply only to the extent permitted by those laws.
For an App Store purchase, use the applicable Apple or Google process to exercise a cancellation, refund, or withdrawal right, and you may also contact Eko for assistance. Immediate access to digital services during a statutory withdrawal period may have consequences that will be disclosed at checkout or by the applicable App Store where required by law.
Where applicable law regulates modifications to an ongoing digital service, Eko will make a material modification only for a valid reason described in these Terms, without additional cost beyond the agreed subscription price, and with the notice and termination rights required by law.
You may bring proceedings in the courts of the country where you habitually reside when applicable consumer law grants that right. Section 22 does not apply to consumers in the European Economic Area or United Kingdom.
French consumers are entitled to access a consumer-mediation procedure free of charge after first submitting a written complaint directly to Eko. Before the Services are commercially offered to consumers in France, Eko will identify in the French-language contractual materials and on the Services the contact details and website of the consumer mediator to which Eko subscribes. Mediation is optional and does not prevent access to a court.
24.2 Australia
If you are an Australian consumer, our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure with a service, you may cancel the service contract and obtain a refund for the unused portion or compensation for its reduced value. You may also be entitled to compensation for other reasonably foreseeable loss or damage. If a failure is not major, you may be entitled to have it corrected within a reasonable time and, if that does not occur, to cancel and obtain an appropriate refund.
Sections 17 and 18 apply to Australian consumers only to the extent permitted by the Australian Consumer Law.
24.3 Canada
If you are a Canadian consumer, you retain all non-waivable rights and remedies under applicable federal, provincial, and territorial law. Any arbitration, class-action waiver, liability limitation, governing-law provision, or choice-of-forum provision applies only to the extent enforceable in your province or territory.
For consumers in Québec, Eko will provide the French-language version and any disclosures required by Québec law before seeking agreement to an English-language version. Nothing in these Terms waives rights that cannot be waived under Québec law.
24.4 Other jurisdictions
If the law where you live grants mandatory rights or remedies that conflict with these Terms, those rights and remedies prevail to the extent of the conflict.
25. Changes to These Terms
Eko may update these Terms to reflect changes in the Services, law, safety practices, technology, or business operations. The “Last Updated” date identifies the latest version.
For a material change, we will provide reasonable advance notice through the Services, email, or another appropriate method and will request renewed acceptance where required by law. Changes may take effect immediately when reasonably necessary to address an urgent legal, security, safety, or abuse issue.
If you do not agree to updated Terms, you must stop using the Services and cancel any subscription before its next renewal. Changes do not retroactively alter the rules governing a dispute that arose before the effective date unless you expressly agree or applicable law permits it.
26. General Terms
26.1 Entire agreement
These Terms, the purchase terms displayed by the applicable App Store, the Privacy Policy, and any additional terms expressly presented for a feature constitute the agreement between you and Eko concerning the Services. If feature-specific terms conflict with these Terms, the feature-specific terms control for that feature to the extent of the conflict.
26.2 Severability
If any provision is found invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective, except where these Terms expressly provide a different result.
26.3 No waiver
A failure to enforce a provision is not a waiver. Any waiver must be in writing and applies only to the specific instance stated.
26.4 Assignment
You may not assign or transfer these Terms without Eko’s written consent. Eko may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or operation of law, subject to applicable consumer and data-protection requirements.
26.5 Force majeure
Eko is not responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, internet or utility failures, cyberattacks, government action, epidemics, or failures of third-party infrastructure, except to the extent applicable law provides otherwise.
26.6 Third-party beneficiaries
Except for Apple and its subsidiaries as stated in Section 20, these Terms do not create rights for any third party.
26.7 Language
Translations may be provided for convenience or legal compliance. The English version controls only to the extent permitted by applicable law. A local-language version will control where applicable law requires it.
26.8 Export controls and sanctions
You may not use, export, re-export, or transfer the Services in violation of applicable export-control or sanctions laws. Eko may restrict availability where reasonably necessary to comply with such laws or with the policies of an App Store or critical service provider.
27. Contact Information
Eko Mind AI LLC
8 The Green, Suite B
Dover, Delaware 19901
United States
General support and legal contact: info@ekomind.ai
For a consumer complaint, use the subject line “Consumer Complaint.” For a U.S. arbitration notice or opt-out, follow the instructions in Section 22.
IMPORTANT SAFETY NOTICE: Eko is an AI-powered general wellness tool. It is not a human, emergency service, healthcare provider, therapist, or substitute for qualified professional care.
