Terms of Service

1. Definitions

"Ekoh," "we," "us," or "our" refers to Ekoh Inc., including its officers, employees, agents, and affiliates. "You," "your," or "Client" refers to the individual or business entity that registers for and uses the Service. "End User" or "Customer" refers to any person who interacts with your voice agent via phone call, chat widget, or other communication channel. "Lead Data" refers to any personal information, contact details, conversation transcripts, call recordings, and other data collected through the Service on your behalf.

2. Use of Services

Ekoh grants you a limited, non-exclusive, non-transferable, and revocable license to use our platform strictly for lawful business purposes in accordance with these Terms. You may use the Service to deploy smart voice agents and chat widgets on your business website, handle inbound phone calls, capture leads, book appointments, and manage customer interactions. You agree not to sublicense, resell, or redistribute the Service to third parties without our prior written consent.

3. Account Registration & Security

You must provide accurate, current, and complete information during registration and keep your account information up to date. You are solely responsible for maintaining the confidentiality of your account credentials, including magic login links and dashboard access. You agree to notify us immediately at support@ekoh.io of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4. Voice Agent & Call Handling

The Ekoh voice agent answers inbound phone calls on your behalf using artificial intelligence. You acknowledge and agree that: (a) the voice agent is not a human and may occasionally produce inaccurate, incomplete, or contextually inappropriate responses; (b) you are solely responsible for configuring the agent's knowledge base, business hours, call routing rules, and emergency escalation settings; (c) call recordings and transcripts are generated automatically for every interaction and stored in your dashboard; (d) you are responsible for complying with all applicable local, state, and federal laws regarding call recording, including one-party and two-party consent requirements in your jurisdiction; and (e) Ekoh is not liable for any business losses, missed opportunities, or damages resulting from auto-generated responses or call handling.

5. SMS Communications Program

By providing your phone number and opting into our SMS notifications, you explicitly consent to receive automated B2B system alerts, including but not limited to lead notifications, appointment confirmations, billing alerts, and system status updates. You understand that: (a) message frequency varies based on lead volume and system events; (b) standard data and messaging rates may apply through your cellular provider; (c) SMS notifications are enabled by default for all new accounts to ensure you never miss a lead; (d) you may opt out at any point by texting 'STOP' in reply to any received message or by disabling SMS notifications in your dashboard under Account → Notifications; and (e) opting out of SMS does not cancel your subscription or deactivate your voice agent.

6. Data Ownership & Lead Data

You retain full ownership of all Lead Data collected through the Service on your behalf. This includes contact information, conversation transcripts, call recordings, appointment details, and auto-generated summaries. We do not sell, share, or monetize your Lead Data with third parties. We may access Lead Data solely for the purpose of providing, maintaining, and improving the Service, investigating abuse, or complying with legal obligations. Upon termination of your account, you may request an export of your Lead Data within 30 days. After 30 days, we reserve the right to delete your data in accordance with our data retention policies.

7. Third-Party Integrations & CRM

The Service may integrate with third-party platforms including but not limited to Google Calendar, Google Tag Manager, ServiceTitan, Housecall Pro, Jobber, ServiceM8, and other field service management software (collectively, "Third-Party Services"). You acknowledge that: (a) your use of Third-Party Services is governed by their respective terms of service and privacy policies; (b) we are not responsible for the availability, accuracy, or security of Third-Party Services; (c) by connecting a Third-Party Service, you authorize Ekoh to transmit Lead Data to that service on your behalf; and (d) disconnecting an integration does not retroactively remove data already synced to the Third-Party Service.

8. Billing, Subscription & Payment

The Service is offered on a subscription basis. By activating your agent and providing payment information, you authorize us to charge your payment method for recurring subscription fees. You agree that: (a) subscription fees are billed in advance on a monthly or annual basis depending on the plan selected; (b) all fees are non-refundable except as described in our Refund Policy; (c) failure to pay may result in suspension or termination of your Service, including deactivation of your voice agents; (d) we reserve the right to change pricing with at least 30 days' notice to your registered email address; (e) you are responsible for all applicable taxes; and (f) disputed charges must be reported within 60 days of the charge date.

9. Refund Policy

We offer a 14-day refund guarantee from the date of your initial subscription activation. If you are not satisfied with the Service within the first 14 days, you may request a full refund by contacting support@ekoh.io. Refund requests made after the 14-day window will be reviewed on a case-by-case basis. Setup fees, if applicable, are non-refundable once the agent has been deployed and activated.

10. Cancellation & Termination

You may cancel your subscription at any time through your dashboard under Account → Plan & Billing, or by contacting support. Upon cancellation: (a) your voice agents will remain active until the end of your current billing period; (b) no further charges will be made after the current period ends; (c) your dashboard and Lead Data will remain accessible for 30 days after the end of your billing period; and (d) after 30 days, your account and data may be permanently deleted. We reserve the right to suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or use the Service for unlawful purposes.

11. Prohibited Activities

You may not access or use the Ekoh platform for any purpose other than that for which we make it available. Without limiting the foregoing, you agree not to: (a) use the Service for any unlawful, fraudulent, or deceptive purpose; (b) use the voice agent to make unsolicited outbound calls or send spam; (c) attempt to reverse-engineer, decompile, or disassemble any part of the Service; (d) interfere with or disrupt the integrity or performance of the Service; (e) use the Service to collect or harvest personal data in violation of applicable privacy laws; (f) impersonate Ekoh or misrepresent your affiliation with us; (g) use the Service in any manner that could damage, disable, or overburden our infrastructure; or (h) violate any applicable local, state, national, or international law.

12. Intellectual Property

All rights, title, and interest in and to the Service, including but not limited to the software, algorithms, models, user interface designs, documentation, trademarks, and all other intellectual property, are and shall remain the exclusive property of Ekoh Inc. These Terms do not grant you any rights to use our trademarks, service marks, or trade names. Any feedback, suggestions, or ideas you provide to us regarding the Service may be used by us without obligation or compensation to you.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EKOH INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Disclaimer of Warranties

THE SERVICE IS 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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY AUTO-GENERATED RESPONSES, LEAD DATA, OR CALL TRANSCRIPTS. YOU USE THE SERVICE AT YOUR OWN RISK.

15. Indemnification

You agree to indemnify, defend, and hold harmless Ekoh Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any third-party rights, including intellectual property or privacy rights; or (e) any Lead Data or content collected through your use of the Service.

16. Dispute Resolution & Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Delaware, unless mutually agreed otherwise. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than arbitration, you waive any right to a jury trial.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in the State of Delaware, and you consent to the personal jurisdiction of such courts.

18. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

20. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Ekoh Inc. regarding your use of the Service and supersede all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter hereof.

Contact

If you have any questions regarding these Terms, please reach out to us at: support@ekoh.io

Ekoh Inc.
Registered in the State of Delaware, USA