Terms & Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "Client," or "you") and EKA Technology, LLC ("EKATech," "we," "us," or "our"), governing your access to and use of:

• The EKATech website located at ekatechnology.com and all associated subpages;
• EKATech's AI products and platforms, including InsightFlow AI;
• EKATech's consulting and advisory services;
• EKATech's SMS/text message tech alert program;
• Any other services, features, or content offered by EKATech (collectively, the "Services").

By accessing our website, using our Services, or opting in to our SMS program, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, you must immediately discontinue use of our website and Services.

If you are using our Services on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" shall include both you individually and that organization.

2. About EKA Technology

EKA Technology, LLC is a human-centered AI consulting firm specializing in enterprise AI adoption, responsible AI integration, augmented intelligence systems, and technology modernization. We operate under the trade name "EKATech" and develop AI-powered products including the InsightFlow AI platform.

Our principal place of business is in the United States. All services are delivered in English unless otherwise agreed in writing.

3. Eligibility

To use our website and Services, you must:

• Be at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater;
• Have the legal capacity to enter into a binding contract;
• Not be barred from receiving services under applicable law;
• Provide accurate, current, and complete information when requested.

Our SMS messaging program is available exclusively to individuals with U.S.-based mobile phone numbers who meet the eligibility criteria above. Enrollment on behalf of another person (e.g., a customer or employee) requires that person's express, documented consent.

4. Permitted and Prohibited Website Use

Permitted Use

You may access and use our website for lawful purposes consistent with these Terms, including reviewing information about our services, contacting us, and accessing publicly available content.

Prohibited Use

You agree not to:

• Use the website for any unlawful purpose or in violation of any applicable regulation;
• Attempt to gain unauthorized access to any portion of our website, server systems, or related infrastructure;
• Transmit viruses, malware, or any destructive code;
• Scrape, crawl, or use automated tools to harvest information from our website without our prior written permission;
• Impersonate EKATech, our employees, partners, or any other person or entity;
• Use our website to transmit unsolicited commercial communications (spam);
• Interfere with the proper functioning of our website or the experience of other users;
• Collect or store personal data about other users without authorization.

Violation of these restrictions may result in termination of your access and may subject you to civil or criminal liability.

5. Consulting and Advisory Services

Engagement Agreement

All consulting and advisory engagements are governed by a separate written Statement of Work (SOW) or Master Services Agreement (MSA) entered into between EKATech and the client. These Terms apply to all such engagements and are supplementary to any SOW or MSA. In the event of a conflict, the SOW or MSA shall control with respect to the specific engagement.

Nature of Services

EKATech provides AI strategy, adoption planning, system architecture review, technology assessment, and related advisory services. Our services are advisory in nature. Recommendations provided are based on information available at the time of engagement and our professional judgment. Implementation of recommendations is the sole responsibility of the client unless a separate implementation agreement is executed.

Client Responsibilities

Clients are responsible for:

• Providing accurate and complete information necessary for EKATech to perform the services;
• Ensuring appropriate authorization for sharing any data, systems access, or business information with EKATech;
• Making decisions about implementation and bearing responsibility for the outcomes of those decisions;
• Complying with all applicable laws and regulations in their operations, including those related to AI, data privacy, and employment.

Professional Standards

EKATech performs services in accordance with applicable professional standards and practices in the AI consulting industry. We are committed to honest assessment, transparent communication of limitations, and the long-term success of our clients — not merely short-term engagements.

6. AI Products and Platform Services

InsightFlow AI and Other Platforms

Use of EKATech AI products, including InsightFlow AI, is subject to any applicable Product Terms of Service provided at the time of product access. These Terms apply where no separate product-specific terms exist.

AI Output Disclaimer

Acceptable Use of AI Services

You agree not to use our AI products to:

• Generate content that is defamatory, fraudulent, discriminatory, or in violation of applicable law;
• Facilitate any illegal activity or harm to individuals;
• Circumvent safety features or attempt to manipulate AI model behavior in ways that violate our guidelines;
• Submit another person's personally identifiable information without their authorization;
• Train competing AI models without our express written permission.

AI Service Availability

EKATech does not guarantee uninterrupted availability of AI products. We reserve the right to modify, suspend, or discontinue any AI product or feature with or without notice, and we will not be liable for any modification, suspension, or discontinuation of services.

7. SMS / Text Message Program Terms

Consent and Opt-In

Participation in our SMS tech alert program requires your express written consent, provided via our opt-in form. Consent must be given voluntarily and specifically for EKATech's SMS program — consent is not bundled with acceptance of these Terms or any purchase. Consent may be provided directly by you or by an authorized representative on your behalf, provided that representative has documented authority to enroll your mobile number.

Consent Not Required for Services

Consent to receive text messages is not a condition of purchasing or using any EKATech product or consulting service. You may use all EKATech services without enrolling in the SMS program.

Opt-Out Rights

You may opt out of the SMS program at any time by replying STOP to any text message from EKATech. Upon receipt of a valid STOP reply, you will receive one final confirmation message confirming your opt-out, and no further messages will be sent to your number except as required by law. You may re-enroll at any time by replying START or by submitting a new opt-in form, creating a fresh consent record.

Program Commands

• STOP: Opt out of all EKATech text messages immediately.
• START: Re-subscribe after a previous STOP.
• HELP: Receive program information and support contact details.
• INFO: Receive program name, frequency, and link to these Terms.

Supported Carriers

The EKATech SMS program supports major U.S. wireless carriers including AT&T, Verizon, T-Mobile, Sprint, Boost Mobile, and US Cellular. EKATech is not responsible for message delivery failures caused by carrier issues, network outages, or device limitations. Wireless carriers are not liable for delayed or undelivered messages.

Record Keeping

EKATech maintains auditable consent records for each SMS subscriber, including the timestamp of opt-in, IP address, user agent, verbatim consent language presented at opt-in, and double opt-in confirmation. These records are retained for a minimum of five (5) years in accordance with TCPA requirements (47 C.F.R. §64.1200). Records are protected with cryptographic integrity verification.

TCPA Compliance

EKATech operates this SMS program in compliance with the Telephone Consumer Protection Act (TCPA, 47 U.S.C. §227), the CTIA Messaging Principles and Best Practices (2023), the FCC's one-to-one consent rules effective January 2025, and all applicable state laws. Our 10-digit long code (10DLC) is registered with The Campaign Registry (TCR) under the EKATech brand.

8. Intellectual Property

EKATech Content

All content on our website and in our products — including text, graphics, logos (including the EKATech and InsightFlow AI marks), icons, images, audio clips, software, and the compilation thereof — is the exclusive property of EKA Technology, LLC or our licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and Services for your personal or internal business purposes in accordance with these Terms. This license does not include the right to:

• Reproduce, distribute, modify, or create derivative works of our content without express written permission;
• Use EKATech trademarks, logos, or service marks without prior written authorization;
• Reverse engineer, decompile, or disassemble any software component of our Services;
• Remove or alter any proprietary notices from our materials.

Client Deliverables

Unless otherwise specified in a signed SOW or MSA, consulting deliverables (reports, assessments, recommendations) created specifically for a client engagement and fully paid for by the client become the property of the client upon receipt of full payment. EKATech retains ownership of any methodologies, frameworks, tools, templates, and pre-existing intellectual property used in creating deliverables.

User Content

By submitting content (queries, feedback, form submissions) through our Services, you grant EKATech a non-exclusive, royalty-free license to use such content solely as necessary to provide and improve our Services. You retain ownership of your content.

9. Confidentiality

During the course of consulting engagements, each party may disclose confidential information to the other. Unless a separate Non-Disclosure Agreement (NDA) is in effect, the receiving party agrees to:

• Hold the disclosing party's confidential information in strict confidence;
• Use confidential information solely for the purposes of the engagement;
• Not disclose confidential information to third parties without prior written consent;
• Take reasonable precautions to prevent unauthorized disclosure, using at least the same degree of care applied to its own confidential information.

Confidential information does not include information that is publicly available through no breach by the receiving party, independently developed without use of confidential information, received from a third party without restriction, or required to be disclosed by law (provided prior notice is given where legally permissible).

10. Payment Terms

Payment terms for consulting engagements are set forth in the applicable SOW or MSA. General terms are as follows unless modified in writing:

• Invoicing: Invoices are issued per the schedule in the applicable SOW. Fixed-fee engagements are typically invoiced 50% upon execution and 50% upon completion unless otherwise agreed.
• Payment Due: Payment is due within thirty (30) days of invoice date unless otherwise specified.
• Late Payments: Overdue invoices accrue interest at 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is lower, from the due date until paid.
• Expenses: Pre-approved out-of-pocket expenses are billed at cost with supporting documentation.
• Disputes: Invoice disputes must be raised in writing within ten (10) business days of receipt. Undisputed portions remain due and payable on schedule.

Our SMS messaging program is provided at no charge. Standard message and data rates from your wireless carrier may apply.

11. Disclaimers of Warranties

EKATech does not warrant that:

• The website or Services will be uninterrupted, error-free, or available at any particular time;
• Any information on the website is accurate, current, or complete;
• The website is free of viruses or other harmful components;
• AI-generated outputs are accurate, complete, or appropriate for any particular purpose;
• SMS messages will be delivered on time or at all, due to carrier limitations.

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions apply to the maximum extent permitted by law.

12. Limitation of Liability

EKATech's total cumulative liability to you for any claims arising out of or related to these Terms or our Services shall not exceed the greater of:

• The total fees paid by you to EKATech in the twelve (12) months preceding the claim; or
• One hundred U.S. dollars ($100.00).

These limitations apply to all claims, whether based on warranty, contract, tort (including negligence), strict liability, statute, or any other legal theory, and whether or not EKATech has been informed of the possibility of such damage. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

13. Indemnification

You agree to defend, indemnify, and hold harmless EKA Technology, LLC and its members, officers, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our website or Services in violation of these Terms;
• Your violation of any third-party right, including intellectual property rights or privacy rights;
• Your violation of any applicable law or regulation;
• Any content you submit through our Services;
• Your negligence or willful misconduct;
• Your enrollment of a third party in our SMS program without that party's documented consent.

EKATech reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

14. Third-Party Links and Services

Our website and materials may contain links to third-party websites, services, or platforms (including social media profiles, podcast platforms, and partner sites). These links are provided for your convenience only. EKATech does not control and is not responsible for the content, privacy practices, or terms of any third-party website or service. Accessing third-party content is at your own risk. We encourage you to review the terms and privacy policies of any third-party sites you visit.

15. Termination

EKATech may terminate or suspend your access to any portion of our website or Services at any time and for any reason, including but not limited to violation of these Terms, with or without notice and without liability to you. You may terminate your use of our Services at any time by ceasing to access our website and, if applicable, opting out of our SMS program.

Upon termination:

• Your right to use our Services ceases immediately;
• Provisions of these Terms that by their nature should survive termination (including intellectual property, limitation of liability, indemnification, and governing law) shall survive;
• SMS consent records will be retained per our legally required retention schedule even after opt-out.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of law provisions. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in New Jersey for the resolution of any disputes not subject to arbitration under Section 17.

These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG). If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

17. Dispute Resolution

Informal Resolution

Before filing a formal legal claim, you agree to attempt to resolve the dispute by contacting EKATech at info@ekatechnology.com with a written description of your claim. We will attempt to resolve disputes informally within thirty (30) days.

Arbitration

For disputes not resolved informally, you and EKATech agree to resolve any dispute arising out of or relating to these Terms or our Services through binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than in court. The arbitration will be conducted in English, with the seat of arbitration in New Jersey.

Class Action Waiver

You and EKATech agree that each party may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate proceedings or preside over any form of class or representative proceeding.

Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or confidential information pending the outcome of arbitration.

18. Modifications to Terms

EKATech reserves the right to modify these Terms at any time. When we make material changes, we will update the "Last Revised" date at the top of this page and, where appropriate, notify clients via email. Your continued use of our website or Services after any changes become effective constitutes acceptance of the updated Terms.

If we make material changes to our SMS program terms, we will provide advance notice to active SMS subscribers and allow you to opt out before the changes take effect.

19. Contact Us

For questions regarding these Terms and Conditions, please contact us at:

• Email: info@ekatechnology.com
• Subject Line: "Terms Inquiry"
• Website: ekatechnology.com

For SMS-specific questions, include "SMS Program" in your subject line.

These Terms and Conditions were prepared for informational purposes. EKA Technology, LLC recommends that organizations consult qualified legal counsel to ensure their terms and conditions meet all applicable legal requirements for their specific business, jurisdiction, and use cases.