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 helps specialty clinics stay connected with patients between visits. The Service supports short, staff-approved texts from a clinic phone number Ekco Health Ltd. operates and assigns to your practice: check-ins, reorder nudges, a store your clinic owns, and a clinic app for your team. Patients may open a secure link when more detail is needed. Ekco Health Ltd. is a technology vendor. Your clinic directs care and approves outbound patient messages. The Service is not an EHR, not a medical device, and does not provide diagnosis or treatment recommendations. Cold outbound marketing blasts to people who have not opted in are not a permitted use of the Service.

• You must designate at least one authorized administrator responsible for your account.
• You are responsible for keeping credentials secure and for all activity under your account.
• You must promptly notify us if you suspect unauthorized access.
• Each clinic location requires its own workspace unless otherwise agreed in writing.

Echo sets up a clinic branded contact card for your workspace: your clinic name and logo in the patient thread, backed by a dedicated texting number we operate and assign to your practice. Patients save and text that contact. You do not need to provision or manage the number yourself unless we agree otherwise in writing. Moving an existing front-desk voice number onto Echo may be scoped separately in writing.

You may use Echo 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 from your clinic.

Where your use of Echo 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 Ltd. 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 valid patient consent for text communications under applicable law, including the federal TCPA, your Notice of Privacy Practices, and state requirements that may be stricter than federal rules. Some message types (including reorder or refill nudges that read as promotional) may require prior express written consent and specific disclosures. Echo provides tools to help you document opt-in; compliance with consent requirements remains your responsibility. Consult your counsel for the states where you practice.

Outbound health-related messages use a playbook your clinic approves once (welcome, check-in, running-low, and any templates you add). Echo fills in only fixed fields and sends on the schedule in that playbook. How often a patient hears from you follows what they chose with your clinic, plus event-driven texts such as running-low. Staff handle exceptions and one-off messages they type themselves. If your Order Form includes clinic-driven sending, those staff-authored texts are still subject to these Terms, including consent and acceptable use. Clinics decide who has approval authority and keep template wording appropriate for care and consent rules.

Ekco Health Ltd. collects account data, usage data, and (under a BAA) patient engagement data on behalf of your clinic. We process this data as described in our Privacy Policy and in the BAA where applicable. We do not sell patient data. We retain engagement data for the period necessary to provide the Service and as required by law.

Ekco Health Ltd. 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 Ltd. 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 Ltd. 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.

Echo is operated for high availability by Ekco Health Ltd.; 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 Ltd.'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 Ltd. 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 Ltd. 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 Denver, 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@helose.com.