TERMS & CONDITIONS OF USE
Version 2.1 – Effective May 2026
1. About the Platform
(a) Welcometo www.eckohealth.ai and app.eckohealth.ai, and the Ecko Health mobileapplications (collectively, the Platform). The Platform allows you to accessand use Ecko Health (the Services).
(b) ThePlatform is operated by UpLift AI Group Pty Ltd (ABN 11 682 541 493), tradingas Ecko Health, ACN 682 541 493. Access to and use of the Platform, or any ofits associated products or Services, is provided by UpLift AI Group Pty Ltd(ABN 11 682 541 493), trading as Ecko Health. Please read these terms andconditions (Terms) carefully. By using, browsing and/or reading the Platform,this signifies that you have read, understood and agree to be bound by theTerms. If you do not agree with the Terms, you must cease usage of thePlatform, or any of the Services, immediately.
(c) UpLift AIGroup Pty Ltd (ABN 11 682 541 493), trading as Ecko Health reserves the rightto review and change any of the Terms by updating this page at its solediscretion. When Ecko Health updates the Terms, it will use reasonableendeavours to provide you with notice of updates. Any changes to the Terms takeimmediate effect from the date of their publication. Before you continue, werecommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Platform. Where theoption is available in the user interface, you may also accept the Terms byclicking to accept or agree to the Terms.
3. About the Service
(a) EckoHealth is a clinician-designed software-as-a-service (SaaS) platform thatenables therapists and patients to connect, document care, and continuetherapeutic work between sessions through secure digital tools and AI-assistedfeatures.
(b) TheServices may include, without limitation, clinician and clinic managementportals, patient mobile applications, journalling tools, telehealthintegration, session summaries, AI-assisted recommendations, secure messaging,appointment scheduling, billing integration, and analytics dashboards. Featureavailability may vary by subscription plan and may change from time to time.
(c) Varioususer accounts are currently offered (e.g. Clinician, Clinic, Patient). Youacknowledge and agree that the accounts offered, as well as the accountfeatures, may change from time to time, and may be governed by separate termsspecific to that account type.
(d) Wherespecial account-specific terms apply, you will be informed, and must acceptthose terms before you are given such an account. For the avoidance of doubt,these Terms apply unless otherwise agreed or amended by account-specific terms.
(e) Someaccounts may be governed by a separate Software Licensing Agreement with UpLiftAI Group Pty Ltd (ABN 11 682 541 493), trading as Ecko Health, which may amendthe terms of use. For the avoidance of doubt, these Terms apply unlessotherwise agreed or amended by the terms of an applicable Software LicensingAgreement.
(f) TheService may be subject to limitations, delays, and other problems inherent inthe use of the internet and electronic communications. Ecko Health is notresponsible for any delays, delivery failures, or other damage resulting fromsuch problems.
4. Acceptable Use of the Service
(a) EckoHealth, its related features, and the Platform must only be used lawfully.UpLift AI Group Pty Ltd (ABN 11 682 541 493), trading as Ecko Health reservesthe right to suspend, cancel, or otherwise deny access to users and accountswho use the service:
(i) To engagein any act that would disrupt the access, availability, and security of EckoHealth and other Ecko Health services, including but not limited to:
(A) Tamperingwith, reverse-engineering, or hacking our servers.
(B) Modifying,disabling, or compromising the performance of Ecko Health or other Ecko Healthservices.
(C) Overwhelming,or attempting to overwhelm our infrastructure by imposing an unreasonably largeload on our systems that consume extraordinary resources.
(D) Compromisingthe integrity of our system, including probing, scanning and testing thevulnerability of our system unless expressly permitted by Ecko Health.
(b) For anyillegal purpose, or to violate any laws, including and without limitation todata, privacy, and export control laws.
(c) To stalk,harass or threaten users and any member of the public.
(d) Tomisrepresent or defraud any user or member of the public through phishing,spoofing, manipulating headers or other identifiers, impersonating anyone else,or falsely implying any sponsorship or association with Ecko Health or anythird party.
(e) To accessor search any part of the Service other than our publicly supported interface,or otherwise allowed for in an applicable Software Licensing Agreement.
(f) To post,upload, share, or otherwise circulate content in violation of Ecko Health’scontent policy.
5. Eligibility and Account Access
To use the Services, you must:
(a) be atleast 18 years of age or, if you are under 18, have the consent and supervisionof a parent, legal guardian, or registered clinician who agrees to beresponsible for your use of the Platform;
(b) have thelegal capacity (or, where applicable, the necessary consent) to enter intothese Terms; and
(c) provideaccurate, complete, and current registration information.
If you register on behalf of a clinic, organisation, oranother individual, you represent and warrant that you are authorised to bindthat entity to these Terms. If you are a clinician or clinic owner, you areresponsible for ensuring that all patient accounts linked to your clinic,including those for users under 18, are created, accessed, and used incompliance with relevant privacy and health regulations.
You are responsible for maintaining the confidentiality ofyour login credentials and for all activities that occur under your account.
6. Security and Data Privacy
UpLift AI Group Pty Ltd (ABN 11 682 541 493), trading as EckoHealth takes your privacy seriously and information provided through your useof the Platform and/or Services are subject to Ecko Health’s Privacy Policy,which is available on the Platform.
For clarity, clinicians and clinics are the data controllersfor any patient information entered into the Platform. Ecko Health acts solelyas a data processor and custodian, providing secure storage and processing ontheir behalf.
In the event of a data incident or suspected breach, EckoHealth will notify affected users and regulators as required under theNotifiable Data Breaches Scheme.
Your use of the Platform is also governed by our PrivacyPolicy, which should be read in conjunction with these Terms.
7. Data Use
UpLift AI Group Pty Ltd (ABN 11 682 541 493), trading as EckoHealth collects, stores, and processes your data on Ecko Health. The data isused to provide Services to you, as well as to facilitate Ecko Health’sbusiness operations. The Privacy Policy outlines how your data is collected,stored, and processed. The Privacy Policy also addresses Ecko Health’sprocesses, policies, and obligations in respect of data encryption and removalrequests.
8. Subscription to Use the Service
(a) In orderto access the Services, you must first purchase a subscription through thePlatform (Subscription) and pay the applicable fee for the selectedSubscription (Subscription Fee). After purchasing a Subscription, you will beconsidered a member (‘Member’).
(b) Inpurchasing the Subscription, you acknowledge and agree that it is yourresponsibility to ensure that the Subscription you elect to purchase issuitable for your use.
(c) Before,during or after you have purchased the Subscription, you will be required toregister for an account through the Platform before you can access the Services(Account).
(d) As partof the registration process, or as part of your continued use of the Services,you may be required to provide personal information about yourself (such asidentification or contact details), including but not limited to name, email,phone number, and date of birth.
(e) Youwarrant that any information you give to Ecko Health in the course ofcompleting the registration process will always be accurate, correct and up todate.
(f) Once youhave completed the registration process, you will be a registered user of thePlatform and agree to be bound by the Terms (“User”). As a Member you will begranted immediate access to the Services from the time you have completed theregistration process until the subscription period expires (SubscriptionPeriod).
(g) You maynot use the Services and may not accept the Terms if:
(i) you arenot of legal age to form a binding contract with UpLift AI Group Pty Ltd (ABN11 682 541 493), trading as Ecko Health; or
(ii) you area person barred from receiving the Services under the laws of Australia orother countries including the country in which you are resident or from whichyou use the Services.
(h) ThePlatform is not intended for direct registration by persons under 18 years ofage. Where services are provided to minors, registration and data entry must bemanaged by the treating clinician with verified parental or guardian consent.
(i) SubscriptionFees are subject to change at Ecko Health’s discretion. Any changes toSubscription Fees will be notified at least 30 days before the new fees takeeffect. If you do not agree with the revised fees, you may cancel yoursubscription before the new fee takes effect. Nothing in these Terms limits anyrights you may have under the Australian Consumer Law.
9. Payments
(a) Subjectto the terms of any applicable Software License Agreement, the Subscription Feemay be paid by all payment methods available on the Platform, and may changefrom time to time.
(b) Paymentsmade in the course of your use of Ecko Health may be made using third-partyapplications and services not owned, operated, or otherwise controlled byUpLift AI Group Pty Ltd (ABN 11 682 541 493), trading as Ecko Health. Youacknowledge and agree that Ecko Health will not be liable for any losses ordamage arising from the operations of third-party payment applications andservices. You further acknowledge and warrant that you have read, understoodand agree to be bound by the terms and conditions of the applicable third-partypayment applications and services you choose to use as a payment method forEcko Health services.
(c) Youacknowledge and agree that where a request for the payment of the SubscriptionFee is returned or denied, for whatever reason, by your financial institutionor is unpaid by you for any other reason, then you are liable for any costs,including banking fees and charges, associated with the Subscription Fee.
(d) You agreeand acknowledge that Ecko Health can vary the Subscription Fee at any time andthat the varied Subscription Fee will come into effect following the conclusionof the existing Subscription.
10. Refund Policy
(a) UpLift AIGroup Pty Ltd (ABN 11 682 541 493), trading as Ecko Health offers refunds inaccordance with the Australian Consumer Law and on the terms set out in theseTerms. Any benefits set out in these Terms may apply in addition to consumerrights under the Australian Consumer Law. Nothing in these Terms limits orexcludes any rights you may have under the Australian Consumer Law.
(b) Forsubscriptions purchased through the Apple App Store or Google Play, refunds aremanaged by Apple and Google respectively:
(i) Apple:Request a refund at reportaproblem.apple.com
(ii) Google:Request via the Google Play refund process in the Google Play Store.
(c) Fordirect subscriptions, Ecko Health will provide a refund of the Subscription Feein the event it is unable to continue to provide the Services, or if themanager of UpLift AI Group Pty Ltd (ABN 11 682 541 493), trading as Ecko Healthmakes a decision, at its absolute discretion, that it is reasonable to do sounder the circumstances. Where this occurs, the refund will be in theproportional amount of the Subscription Fee that remains unused by the Member(Refund).
11. EckoLife Mobile App Subscription Terms
This section applies specifically to subscriptions to theEckoLife patient application purchased through the Apple App Store or GooglePlay.
Important notice — mental health support tool:
EckoLife is designed to support your mental health betweentherapy sessions. It is not a crisis service and does not replace professionalmental health treatment. If you are experiencing a mental health emergency,please contact emergency services on 000, or Lifeline on 13 11 14 (available24/7).
11.1 Subscription Overview
EckoLife is available as a monthly auto-renewable subscriptionpriced at AUD .00 per month. Your subscription provides access to EckoLifefeatures as described on our app listing and website. Basic features of the appare available free of charge; the paid subscription unlocks resource sharing,chat functionality, and additional features as described on the Platform.
11.2 Billingand Renewal
(a) Paymentwill be charged to your Apple ID account or Google Play account at confirmationof purchase.
(b) Yoursubscription automatically renews each month unless you cancel at least 24hours before the end of the current billing period.
(c) Youraccount will be charged for renewal within 24 hours prior to the end of thecurrent period at the rate of AUD .00 per month (or such other amount asnotified to you in accordance with clause 8(i)).
11.3 FreeTrial
If a free trial is offered, any unused portion of the freetrial period will be forfeited when you purchase a subscription. At the end ofthe free trial, your subscription will automatically convert to a paid monthlysubscription unless cancelled before the trial period ends.
11.4 How toCancel
You can cancel your subscription at any time. Cancellationtakes effect at the end of your current billing period — you retain accessuntil then.
• iPhone/iPad: Settings → [your name] → Subscriptions → EckoLife → CancelSubscription
• Android: Google Play Store → Menu → Subscriptions → EckoLife → CancelSubscription
Cancellation is managed through your Apple ID or Google Playaccount, not within the app itself.
11.5 Refundsfor App Store Purchases
(a) Apple:Request a refund at reportaproblem.apple.com
(b) Google:Request via the Google Play refund process.
Nothing in this section limits any rights you may have underthe Australian Consumer Law.
11.6 RestoringPurchases
If you reinstall the app or switch devices, tap “RestorePurchases” within the app to verify your active subscription and restoreaccess. Subscription entitlements are linked to your Apple ID or Googleaccount, not your EckoLife account. If you use a different Apple ID or Googleaccount, you will need to purchase a new subscription.
11.7 PriceChanges
Ecko Health will notify you of any change to the EckoLifesubscription price at least 30 days before it takes effect. Continued use ofthe paid features of EckoLife after the effective date of a price changeconstitutes your acceptance of the new price.
11.8 AccountData on Subscription Lapse
If your subscription lapses, your account and any associateddata will be retained for 30 days, giving you time to resubscribe and recoveraccess. After this period, paid-feature data may be removed. Your accountprofile will be retained unless you request deletion.
12. Copyright and Intellectual Property
(a) ThePlatform, the Services and all of the related products of UpLift AI Group PtyLtd (ABN 11 682 541 493), trading as Ecko Health are subject to copyright. Thematerial on the Platform is protected by copyright under the laws of Australiaand through international treaties. Unless otherwise indicated, all rights(including copyright) in the Services and compilation of the Platform are ownedor controlled by UpLift AI Group Pty Ltd (ABN 11 682 541 493), trading as EckoHealth or its contributors.
(b) Alltrademarks, service marks and trade names are owned, registered and/or licensedby UpLift AI Group Pty Ltd (ABN 11 682 541 493), trading as Ecko Health, whogrants to you a worldwide, non-exclusive, royalty-free, revocable licencewhilst you are a User to:
(i) use thePlatform pursuant to the Terms;
(ii) copy andstore the Platform and the material contained in the Platform in your device’scache memory; and
(iii) printpages from the Platform for your own personal and non-commercial use.
(c) UpLift AIGroup Pty Ltd (ABN 11 682 541 493), trading as Ecko Health does not grant youany other rights whatsoever in relation to the Platform or the Services. Allother rights are expressly reserved by Ecko Health.
(d) UpLift AIGroup Pty Ltd (ABN 11 682 541 493), trading as Ecko Health retains all rights,title and interest in and to the Platform and all related Services.
(e) You maynot, without the prior written permission of UpLift AI Group Pty Ltd (ABN 11682 541 493), trading as Ecko Health: broadcast, republish, upload to a thirdparty, transmit, post, distribute, show or play in public, adapt or change inany way the Services or third party Services for any purpose, unless otherwiseprovided by these Terms.
(f) You agreeto indemnify, defend, and hold harmless UpLift AI Group Pty Ltd (ABN 11 682 541493), trading as Ecko Health, its officers, directors, employees, agents,licensors, suppliers, and any third-party information providers from andagainst all losses, expenses, damages, and costs, including reasonableattorneys’ fees, resulting from any violation of these Terms or any activityrelated to your Account by you or any other person accessing the Service usingyour Account.
(g) To theextent permitted by law, all data, reports, summaries, analytics, or otheroutputs generated by the Platform’s AI-assisted features form part of theService and remain the intellectual property of UpLift AI Group Pty Ltd(trading as Ecko Health). Nothing in these Terms transfers ownership ofclinical records, which remain the responsibility of the clinician or clinicunder applicable health regulations.
13. Feedback and Submissions
Ecko Health welcomes feedback and suggestions regarding itsServices. By submitting ideas, comments, or feedback (“Feedback”), you grantEcko Health a non-exclusive, perpetual, irrevocable, royalty-free licence touse, modify, and implement such Feedback for the improvement of the Serviceswithout obligation or compensation to you.
14. General Disclaimer
(a) Nothingin the Terms limits or excludes any guarantees, warranties, representations orconditions implied or imposed by law, including the Australian Consumer Law (orany liability under them) which by law may not be limited or excluded.
(b) Subjectto this clause, and to the extent permitted by law:
(i) allterms, guarantees, warranties, representations or conditions which are notexpressly stated in the Terms are excluded; and
(ii) UpLiftAI Group Pty Ltd (ABN 11 682 541 493), trading as Ecko Health will not beliable for any special, indirect or consequential loss or damage (unless suchloss or damage is reasonably foreseeable resulting from our failure to meet anapplicable Consumer Guarantee), loss of profit or opportunity, or damage togoodwill arising out of or in connection with the Services or these Terms.
(c) AI-AssistedFeatures:
(i) Certainfeatures of the Ecko Health Platform are powered by artificial intelligence(AI). These features are designed to support, not replace, professionalclinical judgment.
(ii) Theaccuracy of AI-generated outputs may vary, and you must apply professionaljudgment in interpreting and using such outputs.
(iii) De-identifiedand aggregated data may be used to improve the performance, safety, andfunctionality of the Services. No personally identifiable data will be used forAI training or shared without appropriate consent.
(iv) Cliniciansremain solely responsible for reviewing and verifying all AI-generated insightsbefore use in treatment or clinical decision-making.
(v) Patientsmust not rely on AI features as a substitute for professional medical orpsychological advice.
(d) Use ofthe Platform and the Services is at your own risk. Everything on the Platformand the Services is provided to you “as is” and “as available” without warrantyor condition of any kind.
15. Limitation of Liability
(a) UpLift AIGroup Pty Ltd (ABN 11 682 541 493), trading as Ecko Health’s total liabilityarising out of or in connection with the Services or these Terms, howeverarising, including under contract, tort (including negligence), in equity,under statute or otherwise, will not exceed the resupply of the Services toyou.
(b) Youexpressly understand and agree that Ecko Health, its affiliates, employees,agents, contributors and licensors shall not be liable to you for any direct,indirect, incidental, special, consequential or exemplary damages which may beincurred by you, however caused and under any theory of liability.
(c) AI-AssistedFeatures: Certain features of the Ecko Health Platform are powered byartificial intelligence (AI). These features are designed to support, notreplace, professional clinical judgment. Clinicians remain responsible forreviewing and verifying all AI-generated content or outputs before use intreatment or clinical decision-making. Patients must not rely on AI features asa substitute for professional medical or psychological advice.
16. Service Availability and Maintenance
Ecko Health uses commercially reasonable efforts to maintainthe availability and performance of the Platform. However, access may betemporarily interrupted for maintenance, system updates, or circumstancesbeyond Ecko Health’s control. Scheduled maintenance periods will becommunicated via the Platform or email. Ecko Health is not liable for anyinterruptions or loss of access due to maintenance or internet-relatedfailures.
Target uptime for the Platform is 99.5%, measured monthly,excluding scheduled maintenance and force majeure events.
17. Termination of Contract
(a) The Termswill continue to apply until terminated by either you or by UpLift AI Group PtyLtd (ABN 11 682 541 493), trading as Ecko Health as set out below.
(b) If youwant to terminate the Terms, you may do so by:
(i) notrenewing the Subscription prior to the end of the Subscription Period;
(ii) providingEcko Health with 30 days’ notice of your intention to terminate; and
(iii) closingyour accounts for all of the services which you use, where Ecko Health has madethis option available to you.
(c) Anynotices pursuant to Clause 17(b) should be sent, in writing, to Ecko Health viathe ‘Contact Us’ link on our homepage at www.eckohealth.ai.
(d) UpLift AIGroup Pty Ltd (ABN 11 682 541 493), trading as Ecko Health may at any timeterminate the Terms with you if:
(i) you donot renew the Subscription at the end of the Subscription Period;
(ii) you havebreached any provision of the Terms or intend to breach any provision;
(iii) EckoHealth is required to do so by law; or
(iv) theprovision of the Services to you is, in the opinion of Ecko Health, no longercommercially viable.
(e) Subjectto local applicable laws, Ecko Health reserves the right to discontinue orcancel your Subscription or Account at any time and may suspend or deny, in itssole discretion, your access to all or any portion of the Platform or theServices without notice if you breach any provision of the Terms or anyapplicable law.
(f) Upontermination, you are responsible for exporting or securing any data you wish toretain prior to account closure. Ecko Health may permanently delete accountdata in accordance with its Data Retention Policy after a reasonable period.
18. Indemnity
You agree to indemnify UpLift AI Group Pty Ltd (ABN 11 682 541493), trading as Ecko Health, its affiliates, employees, agents, contributors,third party content providers and licensors from and against:
(a) allactions, suits, claims, demands, liabilities, costs, expenses, loss and damage(including legal fees on a full indemnity basis) incurred, suffered or arisingout of or in connection with your content;
(b) anydirect or indirect consequences of you accessing, using or transacting on thePlatform or attempts to do so; and/or
(c) anybreach of the Terms.
19. Dispute Resolution
19.1 Compulsory
If a dispute arises out of or relates to the Terms, eitherparty may not commence any Tribunal or Court proceedings in relation to thedispute, unless the following clauses have been complied with (except whereurgent interlocutory relief is sought).
19.2 Notice
A party to the Terms claiming a dispute (Dispute) has arisenunder the Terms must give written notice to the other party detailing thenature of the dispute, the desired outcome and the action required to settlethe Dispute.
19.3 Resolution
On receipt of that notice (Notice) by the other party, theparties (Parties) must:
(a) Within 28days of the Notice endeavour in good faith to resolve the Dispute expeditiouslyby negotiation or such other means upon which they may mutually agree;
(b) If, forany reason, 28 days after the date of the Notice the Dispute has not beenresolved, the Parties must either agree upon selection of a mediator or requestthat an appropriate mediator be appointed by the President of the Law Societyof New South Wales;
(c) TheParties are equally liable for the fees and reasonable expenses of a mediatorand the cost of the venue of the mediation. The Parties must each pay their owncosts associated with the mediation;
(d) Themediation will be held in Sydney, New South Wales, Australia.
19.4 Confidential
All communications concerning negotiations made by the Partiesarising out of and in connection with this dispute resolution clause areconfidential and, to the extent possible, must be treated as “withoutprejudice” negotiations for the purpose of applicable laws of evidence.
19.5 Termination of Mediation
If 2 months have elapsed after the start of a mediation of theDispute and the Dispute has not been resolved, either Party may ask themediator to terminate the mediation and the mediator must do so.
20. Venue and Jurisdiction
The Services offered by UpLift AI Group Pty Ltd (ABN 11 682541 493), trading as Ecko Health are intended to be viewed by residents ofAustralia. In the event of any dispute arising out of or in relation to thePlatform, you agree that the exclusive venue for resolving any dispute shall bein the courts of New South Wales.
21. Governing Law
The Terms are governed by the laws of New South Wales. Anydispute, controversy, proceeding or claim of whatever nature arising out of orin any way relating to the Terms and the rights created hereby shall begoverned, interpreted and construed by, under and pursuant to the laws of NewSouth Wales, Australia without reference to conflict of law principles. TheTerms shall be binding to the benefit of the parties hereto and theirsuccessors and assigns.
22. Severance
If any part of these Terms is found to be void orunenforceable by a Court of competent jurisdiction, that part shall be severedand the rest of the Terms shall remain in force.