Terms and Conditions of Use

1. GENERAL 1.1 These Terms and Conditions of Use (Terms) constitute a legally binding agreement between: (a) [INSERT LEGAL COMPANY NAME] ACN [INSERT ACN], a company incorporated in Australia and having its registered office at [INSERT REGISTERED OFFICE] (EkkoU, we, us or our); and (b) each person who accesses, downloads, installs, registers for, purchases or otherwise uses the EkkoU application, associated websites, software, services or functionality (User, you or your). 1.2 These Terms govern your access to and use of the EkkoU mobile application, website, software, artificial intelligence systems, movement-analysis functionality, scoring systems, reports, content and associated services made available by us from time to time (collectively, the Service). 1.3 By creating an Account, purchasing access to the Service, downloading or installing the App, clicking an acceptance mechanism presented by us, or otherwise accessing or using the Service, you: (a) acknowledge that you have read and understood these Terms; (b) agree to be legally bound by these Terms; and (c) represent and warrant that you have legal capacity to enter into these Terms or, where applicable, that your use of the Service has been authorised by a Parent or Guardian in accordance with clause 4. 1.4 If you do not agree to these Terms, you must not access or use the Service. 1.5 Our Privacy Policy forms part of the legal framework governing your use of the Service and should be read together with these Terms. 2. DEFINITIONS 2.1 In these Terms, unless the context requires otherwise: Account means an account created for the purpose of accessing or using the Service. AI System means any artificial intelligence, machine learning, computer vision, language model, inference model or similar technology used by EkkoU in connection with the Service. App means the EkkoU mobile application and any replacement, successor or updated version of that application. Applicable Law means any statute, regulation, subordinate legislation, common law, code, rule, order, direction or legally binding requirement applicable to a party or the Service in the relevant jurisdiction. Australian Consumer Law or ACL means Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time. Content means any video, image, data, material, information or other content selected, uploaded, supplied, generated or otherwise made available by a User in connection with the Service. Ekko Score means the proprietary movement-similarity score generated by the Service by comparing measurable characteristics extracted from User Content against measurable characteristics extracted from Reference Content. Fees means all fees, prices, subscription charges and other amounts payable for access to or use of the Service. Guardian means a person who has lawful parental responsibility or guardianship of a Minor. Intellectual Property Rights means all present and future intellectual and industrial property rights throughout the world, whether registered or unregistered, including copyright, trade marks, patents, designs, circuit layout rights, database rights, confidential information, trade secrets, know-how and rights to apply for registration of those rights. Minor means a person under 18 years of age. Parent means a parent having lawful parental responsibility for a Minor. Reference Content means a video or other permitted material selected or supplied for the purpose of providing a movement against which User Content is analysed or compared. Subscription means any recurring paid plan offered by EkkoU from time to time. User Content means Content supplied, selected, recorded or made available by or on behalf of a User. User Data means information, measurements, results, movement data, Account information and other data associated with a User, but excludes Intellectual Property Rights owned by EkkoU. 3. NATURE AND PURPOSE OF THE SERVICE 3.1 EkkoU provides a technology-assisted sporting movement-analysis and comparison service. 3.2 The Service may enable a User to: (a) record or select a video depicting a sporting or physical movement; (b) select or supply Reference Content; (c) extract measurable movement characteristics from User Content and Reference Content; (d) compare body positioning, joint movement, angles, timing, speed, alignment, biomechanical characteristics or other movement-related variables; (e) generate an Ekko Score; (f) generate automated observations, comparisons, reports or feedback; and (g) retain movement results or performance data for the purpose of reviewing progress over time. 3.3 The Service may use computer vision, body landmark detection, biomechanical analysis, mathematical modelling, statistical analysis, artificial intelligence and other automated technologies. 3.4 The Service is intended to operate as a movement-analysis and coaching aid only. 3.5 The Service is not: (a) a medical device or medical service; (b) a diagnostic service; (c) a physiotherapy or rehabilitation service; (d) an injury-prevention service; (e) a substitute for medical, healthcare or allied-health advice; (f) a substitute for appropriately qualified professional sports coaching; (g) a guarantee of athletic performance or improvement; or (h) a determination that any movement is safe, suitable, optimal or appropriate for a particular User. 4. ELIGIBILITY, AGE REQUIREMENTS AND MINORS 4.1 The Service is not intended for persons under 10 years of age. 4.2 A person aged 10 to 12 years may use the Service only where: (a) the Account has been created, authorised or approved by a Parent or Guardian; (b) all consent required by EkkoU or Applicable Law has been validly provided; and (c) the Parent or Guardian accepts responsibility for the Minor's permitted use of the Service to the extent required by law. 4.3 A person aged 13 to 17 years may operate an Account in their own name only where the consent of a Parent or Guardian has first been obtained in the form required by EkkoU. 4.4 EkkoU may require reasonable evidence of: (a) age; (b) parental or guardianship status; (c) authority to provide consent; or (d) continued validity of parental or guardian consent. 4.5 A Parent or Guardian who provides consent in relation to a Minor represents and warrants that: (a) they have lawful authority to provide that consent; (b) the information supplied by them is true, accurate and complete; (c) they have reviewed these Terms and the Privacy Policy; and (d) to the extent required by Applicable Law, they consent to the collection, use, processing and handling of information relating to the Minor in accordance with the Privacy Policy. 4.6 EkkoU may restrict, suspend or terminate access to the Service if: (a) required parental or guardian consent has not been obtained; (b) consent is withdrawn; (c) EkkoU reasonably believes age or consent information is false, misleading or unreliable; or (d) continued provision of the Service would contravene Applicable Law. 4.7 EkkoU may impose additional age-assurance, parental-consent or verification requirements in particular jurisdictions where reasonably necessary to comply with Applicable Law. 5. ACCOUNT REGISTRATION AND SECURITY 5.1 A User may be required to establish an Account before accessing some or all of the Service. 5.2 You must ensure that all information provided in connection with an Account is: (a) accurate; (b) current; (c) complete; and (d) not misleading. 5.3 You must not: (a) impersonate another person; (b) create an Account using information belonging to another person without lawful authority; (c) falsify age or parental-consent information; (d) create multiple Accounts for the purpose of circumventing payment, usage or technical restrictions; or (e) allow another person to use your Account where doing so would breach these Terms. 5.4 You are responsible for maintaining the confidentiality and security of your login credentials. 5.5 You must promptly notify EkkoU if you become aware of or reasonably suspect: (a) unauthorised access to your Account; (b) compromise of your login credentials; or (c) any other security incident affecting your Account. 5.6 EkkoU is not responsible for loss arising from unauthorised Account access to the extent that such loss results from your failure to take reasonable steps to protect your Account credentials, subject always to any Non-Excludable Rights. 6. INDIVIDUAL AND PRIVATE NATURE OF THE SERVICE 6.1 Unless otherwise expressly stated by EkkoU, the Service is provided for individual use. 6.2 The standard Service does not include: (a) public User profiles; (b) social-media functionality; (c) User-to-User messaging; (d) followers or follower functionality; (e) public leaderboards; (f) coach Accounts; (g) school administration Accounts; (h) club administration Accounts; or (i) team-management functionality. 6.3 Coaches, schools, clubs, sporting organisations and other Users do not, merely by reason of their relationship with a User, obtain a right to access that User's Account, User Content, movement data, Ekko Scores or reports. 6.4 EkkoU may introduce separate organisational, coaching, school, club or team products in the future. Any such products may be subject to separate or supplementary terms. 7. LICENCE TO USE THE SERVICE 7.1 Subject to: (a) your compliance with these Terms; (b) payment of all applicable Fees; and (c) any additional restrictions communicated at the time of purchase, EkkoU grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Service for your personal and lawful use. 7.2 The licence granted under clause 7.1 does not: (a) transfer ownership of any Intellectual Property Rights to you; (b) permit commercial exploitation of the Service; (c) permit you to reproduce or create a competing service using EkkoU's proprietary technology; or (d) permit you to access any source code, model weights, scoring formula, confidential algorithm or other proprietary technical material except where expressly authorised by EkkoU or required by law. 8. USER CONTENT AND OWNERSHIP 8.1 As between you and EkkoU, you retain all ownership rights that you lawfully hold in your User Content. 8.2 You grant EkkoU a limited, non-exclusive, royalty-free licence to access, reproduce temporarily, process, analyse, transform and otherwise technically handle User Content solely to the extent reasonably necessary to: (a) provide the Service requested by you; (b) perform movement analysis; (c) generate Ekko Scores and associated reports; (d) maintain functionality associated with your Account; (e) provide technical support; (f) investigate fraud, misuse or security incidents; and (g) comply with Applicable Law. 8.3 The licence granted under clause 8.2: (a) does not transfer ownership of User Content to EkkoU; (b) does not authorise EkkoU to sell identifiable athlete video; (c) does not authorise EkkoU to use identifiable athlete footage to train general-purpose artificial intelligence models; and (d) terminates when the relevant processing purpose ends, subject to any retention permitted or required under these Terms, the Privacy Policy or Applicable Law. 9. REPRESENTATIONS AND WARRANTIES CONCERNING USER CONTENT 9.1 By supplying, selecting, recording, uploading or otherwise making User Content or Reference Content available through the Service, you represent and warrant that: (a) you own the relevant Content or otherwise have all licences, consents, permissions and legal rights necessary to use it through the Service; (b) the Content was obtained lawfully; (c) use of the Content through the Service does not infringe any Intellectual Property Right, privacy right, confidentiality obligation, image right, contractual right or other legal right of any person; (d) where another identifiable person appears in the Content, you have obtained any consent required by Applicable Law for the intended use; (e) the Content is not unlawful; and (f) use of the Content through the Service will not place EkkoU in breach of Applicable Law. 9.2 The fact that material is publicly accessible on the internet does not, of itself, establish that you are legally entitled to copy, upload, reproduce or process that material through EkkoU. 9.3 EkkoU may restrict, disable or refuse processing of Content where EkkoU reasonably believes that its use may: (a) infringe another person's rights; (b) contravene Applicable Law; (c) expose EkkoU or another person to material legal risk; or (d) breach these Terms. 10. REFERENCE CONTENT 10.1 You acknowledge that an Ekko Score or movement comparison is dependent upon the particular Reference Content selected. 10.2 EkkoU does not represent or warrant that User-supplied Reference Content depicts: (a) technically correct sporting technique; (b) safe technique; (c) optimal technique; (d) appropriate movement for your physical condition; (e) movement suitable for your age, skill or experience; or (f) movement endorsed by EkkoU. 10.3 You are solely responsible for determining whether you have a lawful right to use User-supplied Reference Content. 10.4 EkkoU may separately provide licensed reference or demonstration material. Unless expressly stated otherwise, such material is licensed solely for use within the Service and may not be copied, distributed, republished, sold, sublicensed or commercially exploited. 10.5 User Responsibility for Reference Content EkkoU does not create, select, verify, approve, endorse or review User-supplied Reference Content and does not represent or warrant that any User-supplied Reference Content: (a) is lawful; (b) is owned by or licensed to the User; (c) does not infringe the Intellectual Property Rights, privacy rights, image rights or other rights of any third party; (d) accurately depicts correct or accepted sporting technique; (e) is technically accurate; (f) is safe; (g) is suitable for the User's age, ability, physical condition or circumstances; or (h) is otherwise appropriate for use as a movement reference. 10.6 The User is solely responsible for selecting Reference Content and for ensuring that they have all rights, licences, permissions and consents necessary to use that Reference Content through the Service. 10.7 To the maximum extent permitted by Applicable Law, EkkoU is not liable for any loss, claim, dispute, infringement, injury, damage or other consequence arising from or in connection with: (a) User-supplied Reference Content; (b) the User's lack of authority to use Reference Content; (c) infringement of third-party rights arising from Reference Content; (d) inaccurate, misleading or unsuitable Reference Content; or (e) a User's reliance on Reference Content as demonstrating safe, correct or appropriate technique. 10.8 EkkoU's processing of Reference Content does not constitute approval, endorsement, verification or acceptance of responsibility for that Reference Content. 11. VIDEO PROCESSING AND STORAGE 11.1 EkkoU is not intended to operate as a cloud video-storage service. 11.2 Subject to the technical requirements of the Service, User videos are intended to remain stored on the User's device and not to be retained by EkkoU as permanent server-side video files. 11.3 EkkoU may temporarily process video or create transient technical copies where reasonably required to: (a) extract movement data; (b) perform body landmark detection; (c) perform movement comparison; (d) generate an Ekko Score; or (e) provide associated analysis. 11.4 Any temporary processing is subject to the Privacy Policy and EkkoU's applicable data-retention practices. 11.5 Movement measurements, Ekko Scores, reports and other derived data may be retained separately from original video where necessary to provide progress-history or comparison functionality. 11.6 You acknowledge that deleting a video from your own device may prevent EkkoU from accessing that video in the future. 11.7 EkkoU is not responsible for loss of locally stored video arising from device loss, device failure, deletion, operating-system behaviour, local-storage failure or your failure to maintain an appropriate backup, except to the extent liability cannot lawfully be excluded. 12. FACIAL RECOGNITION 12.1 EkkoU does not use facial recognition for the purpose of identifying Users. 12.2 The Service is designed to analyse movement characteristics and body landmarks rather than establish or verify personal identity from a User's face. 12.3 EkkoU does not intentionally create facial-recognition templates or facial biometric identity profiles as part of the standard Service. 13. ARTIFICIAL INTELLIGENCE 13.1 The Service may use an AI System to perform or assist with: (a) movement interpretation; (b) data comparison; (c) report generation; (d) analysis; and (e) explanatory feedback. 13.2 EkkoU's intended production architecture uses an AI model hosted on infrastructure controlled by EkkoU rather than sending User Content to an external general-purpose artificial intelligence service for ordinary analysis. 13.3 EkkoU will not intentionally use identifiable athlete video to train a general-purpose artificial intelligence model. 13.4 EkkoU will not intentionally use identifiable video of a Minor as general-purpose artificial intelligence training material. 13.5 EkkoU may use lawfully generated aggregated or properly de-identified information for purposes including: (a) improving the Service; (b) improving movement-analysis systems; (c) technical validation; (d) product development; and (e) statistical analysis, provided that such use is permitted under Applicable Law and consistent with the Privacy Policy. 13.6 You acknowledge that AI Systems are probabilistic and may produce inaccurate, incomplete, inconsistent or inappropriate outputs. 14. EKKO SCORE 14.1 The Ekko Score is a proprietary similarity measure generated by comparing movement characteristics extracted from User Content with movement characteristics extracted from selected Reference Content. 14.2 The Ekko Score measures similarity only according to the variables, weighting and analytical methodology employed by EkkoU at the relevant time. 14.3 The Ekko Score is not, and must not be represented as: (a) a complete assessment of athletic ability; (b) an assessment of sporting talent or future potential; (c) a medical assessment; (d) an injury-risk assessment; (e) a fitness assessment; (f) a guarantee of performance; (g) a team-selection recommendation; or (h) an objective ranking of one athlete against another. 14.4 A higher Ekko Score indicates greater measured similarity to the selected Reference Content according to the applicable EkkoU methodology. It does not necessarily establish that the User's movement is safer, healthier, superior or more appropriate. 14.5 EkkoU may update, modify, recalibrate or replace its scoring methodology from time to time. 14.6 You acknowledge that scores generated under different versions of the Service or scoring methodology may not be directly comparable. 15. PROPRIETARY METHODOLOGY 15.1 All Intellectual Property Rights in and relating to: (a) the Ekko Score; (b) scoring formulas; (c) model logic; (d) weighting methodologies; (e) movement-analysis methodologies; (f) comparison algorithms; (g) software architecture; (h) data-processing workflows; and (i) associated proprietary know-how, are and remain owned by or licensed to EkkoU. 15.2 Nothing in these Terms requires EkkoU to disclose: (a) source code; (b) proprietary algorithms; (c) mathematical weighting; (d) model architecture; (e) confidential methodologies; (f) trade secrets; or (g) other confidential technical information. 16. NO WARRANTY AS TO ANALYTICAL ACCURACY 16.1 Subject to any Non-Excludable Rights, EkkoU does not warrant that: (a) any movement measurement will be exact; (b) every joint or body landmark will be detected correctly; (c) every Ekko Score will be accurate; (d) every automated observation will be correct; (e) any report will be complete; (f) analysis will be free from software, model or inference error; (g) results produced from separate recordings will be identical; or (h) use of the Service will result in any particular improvement in athletic performance. 16.2 You acknowledge that analysis may be materially affected by factors including: (a) camera position or angle; (b) lighting; (c) frame rate; (d) camera quality; (e) video compression; (f) clothing; (g) visibility of body parts; (h) occlusion; (i) distance from camera; (j) movement speed; (k) environmental conditions; (l) movement complexity; (m) Reference Content quality; (n) device performance; and (o) technical limitations of computer vision or AI Systems. 16.3 You must exercise reasonable judgment when relying on any result generated by the Service. 17. COACHING AID ONLY 17.1 EkkoU is provided as a supplementary sporting movement-analysis tool. 17.2 EkkoU does not warrant that use of the Service is an adequate substitute for instruction from a suitably qualified coach. 17.3 Automated observations generated through the Service are not professional coaching advice tailored to all characteristics of an individual User. 17.4 You remain responsible for determining whether additional professional coaching, supervision or instruction is appropriate. 18. NO MEDICAL OR HEALTHCARE ADVICE 18.1 Nothing made available through the Service constitutes medical, healthcare, physiotherapy, rehabilitation or allied-health advice. 18.2 Without limitation, EkkoU does not provide: (a) diagnosis; (b) injury assessment; (c) treatment recommendations; (d) rehabilitation programs; (e) return-to-play clearance; (f) injury-prevention guarantees; (g) medical screening; (h) medical risk assessment; or (i) healthcare recommendations. 18.3 An Ekko Score or other similarity result must not be relied upon as evidence that: (a) a movement is medically safe; (b) an injury has healed; (c) a User is fit to participate; (d) rehabilitation is complete; or (e) medical or professional advice is unnecessary. 18.4 A User who is injured, experiencing pain, returning from injury, has a medical condition or is uncertain about the safety of an activity should obtain advice from an appropriately qualified healthcare professional. 19. ASSUMPTION OF PHYSICAL ACTIVITY RISK 19.1 You acknowledge that participation in sport, exercise and physical movement may involve inherent risks, including risk of injury. 19.2 You are responsible for assessing whether: (a) you have sufficient physical capacity; (b) the activity is appropriate for your experience and skill level; (c) appropriate supervision is available; (d) appropriate equipment is being used; (e) the training surface and surroundings are reasonably safe; and (f) sufficient space exists to perform the activity safely. 19.3 You should cease an activity where you experience pain, injury, dizziness, unusual discomfort, loss of control or another circumstance indicating that continuing may be unsafe. 19.4 Particular care should be taken in relation to activities involving, without limitation: (a) gymnastics; (b) weightlifting; (c) jumping; (d) acrobatics; (e) throwing; (f) contact sports; (g) high-speed movement; or (h) technically demanding skills. 19.5 The capacity of the Service to analyse a movement does not constitute a recommendation, representation or warranty that the movement should be attempted. 19.6 Nothing in this clause excludes or limits any duty or liability which cannot lawfully be excluded or limited. 20. PARENTAL RESPONSIBILITY FOR MINORS 20.1 Where the Service is used by a Minor, the relevant Parent or Guardian remains responsible, to the extent permitted by law, for determining: (a) whether a particular activity is appropriate for the Minor; (b) whether adult supervision is required; (c) whether the physical environment is reasonably safe; (d) whether equipment is appropriate; (e) whether professional coaching should be obtained; and (f) whether medical or healthcare advice should be sought. 20.2 The Service does not replace reasonable parental, guardian or professional supervision. 21. ACCEPTABLE USE 21.1 You must not use, or attempt to use, the Service: (a) unlawfully; (b) fraudulently; (c) in breach of another person's legal rights; (d) in a manner reasonably likely to damage, disable, overload or impair the Service; (e) to gain unauthorised access to any system, Account or data; (f) to introduce malicious software; (g) to circumvent payment, subscription, usage or security controls; (h) to scrape, harvest or systematically extract proprietary data; (i) to probe or test security without EkkoU's prior written authorisation; (j) to reverse engineer, decompile or disassemble the Service except to the extent such restriction is prohibited by Applicable Law; (k) to reproduce or derive EkkoU's proprietary scoring or analytical technology for a competing commercial purpose; or (l) in any manner otherwise prohibited by these Terms. 21.2 You must not process through the Service Content that: (a) is unlawful; (b) depicts or facilitates child sexual exploitation or abuse; (c) contains unlawful sexual material; (d) unlawfully promotes serious violence; (e) was unlawfully recorded; (f) infringes privacy rights; (g) infringes Intellectual Property Rights; (h) contains another identifiable person without any permission required by law; or (i) otherwise exposes EkkoU or another person to material legal risk. 22. CHILD SAFETY 22.1 EkkoU may immediately restrict, suspend or terminate an Account where EkkoU reasonably suspects: (a) child exploitation; (b) child sexual abuse material; (c) grooming or predatory conduct; (d) unlawful use of a child's image; (e) a serious child-safety risk; or (f) conduct requiring intervention under Applicable Law. 22.2 EkkoU may preserve, disclose or provide information to law-enforcement, regulatory or child-protection authorities where required or authorised by Applicable Law. 23. INTELLECTUAL PROPERTY OWNED BY EKKOU 23.1 Except for User Content and third-party materials, all Intellectual Property Rights in or relating to the Service are owned by or licensed to EkkoU. 23.2 Without limitation, those rights include rights in: (a) the EkkoU name; (b) logos and branding; (c) software; (d) user interfaces; (e) source and object code; (f) databases; (g) designs; (h) documentation; (i) movement-analysis systems; (j) algorithms; (k) the Ekko Score; (l) scoring architecture; (m) AI Systems; (n) reports and report structures; (o) workflows; and (p) confidential business and technical know-how. 23.3 Except as expressly permitted by these Terms, you must not reproduce, adapt, modify, distribute, sell, sublicense, publish, reverse engineer, commercialise or create derivative commercial products from EkkoU's Intellectual Property Rights without prior written consent. 24. FEEDBACK 24.1 If you voluntarily provide ideas, comments, suggestions or feedback regarding the Service (Feedback), you grant EkkoU a perpetual, irrevocable, worldwide, royalty-free right to use, reproduce, adapt and implement that Feedback for the purpose of developing, operating or improving EkkoU. 24.2 Clause 24.1 does not grant EkkoU any ownership right in identifiable athlete video, private movement history or other User Content merely because that material is supplied in connection with Feedback. 25. FEES AND PURCHASES 25.1 Certain functionality may only be available following payment of applicable Fees. 25.2 EkkoU may offer: (a) one-off purchases; (b) premium upgrades; (c) recurring Subscriptions; (d) differing usage allowances; and (e) other paid plans from time to time. 25.3 The applicable Fees and material features of the relevant purchase will be disclosed before completion of the transaction. 25.4 Fees may vary according to: (a) jurisdiction; (b) currency; (c) taxes; (d) app marketplace; (e) payment provider; or (f) promotional arrangements. 25.5 You must pay all Fees that you validly authorise. 26. ONE-OFF PURCHASES 26.1 A one-off purchase entitles the purchaser to the functionality expressly described at the time of purchase, subject to these Terms. 26.2 Unless expressly stated otherwise, a one-off purchase does not entitle the User to: (a) all future premium functionality; (b) separate future products; (c) subscription-only services; or (d) functionality expressly sold as an additional product or service. 27. SUBSCRIPTIONS AND AUTOMATIC RENEWAL 27.1 EkkoU may offer recurring Subscriptions. 27.2 Before a User purchases a Subscription, EkkoU or the applicable payment platform will disclose the applicable: (a) price; (b) billing interval; (c) renewal basis; and (d) principal inclusions. 27.3 Unless cancelled in accordance with the applicable cancellation procedure, an auto-renewing Subscription may renew automatically at the end of each billing period. 27.4 You authorise the applicable payment provider to process recurring charges in accordance with the Subscription selected by you. 27.5 You may cancel a Subscription using the cancellation mechanism made available through the relevant App marketplace, payment platform or EkkoU Account. 27.6 Cancellation ordinarily takes effect at the end of the then-current paid billing period unless Applicable Law or the relevant payment provider requires otherwise. 27.7 Deleting the App does not, of itself, cancel an active Subscription. 28. PAYMENT PROCESSORS 28.1 Payment transactions may be processed by third-party providers, including: (a) Apple; (b) Google; (c) Stripe; and (d) other providers notified by EkkoU from time to time. 28.2 Where payment is processed by a third party, additional payment, billing, cancellation or refund terms imposed by that provider may apply. 28.3 EkkoU does not ordinarily receive or store complete payment-card details where those details are processed directly by an authorised payment provider. 29. REFUNDS 29.1 Subject to clause 30 and any Applicable Law, EkkoU does not ordinarily provide refunds solely because a User: (a) changes their mind; (b) no longer wishes to use the Service; (c) fails to use purchased functionality; or (d) no longer requires the Service. 29.2 Refund entitlements may nevertheless arise: (a) under the Australian Consumer Law; (b) under other Applicable Law; (c) under the rules of an applicable App marketplace; (d) under applicable payment-provider rules; or (e) where EkkoU expressly agrees otherwise. 29.3 Nothing in these Terms is intended to exclude, restrict or modify any right to a refund, repair, replacement, cancellation or other remedy which cannot lawfully be excluded, restricted or modified. 30. AUSTRALIAN CONSUMER LAW AND NON-EXCLUDABLE RIGHTS 30.1 In this clause, Non-Excludable Rights means any statutory guarantee, condition, warranty, right, remedy or other protection that: (a) applies under the Australian Consumer Law or other Applicable Law; and (b) cannot lawfully be excluded, restricted or modified by agreement. 30.2 Nothing in these Terms: (a) excludes; (b) restricts; or (c) modifies, or purports to exclude, restrict or modify, any Non-Excludable Right. 30.3 All exclusions, disclaimers, indemnities and limitations contained in these Terms operate only to the maximum extent permitted by Applicable Law. 30.4 Where EkkoU is permitted by law to limit its liability for failure to comply with a statutory guarantee, EkkoU's liability will be limited only in the manner and to the extent permitted by the relevant law. 31. SERVICE AVAILABILITY 31.1 Subject to Non-Excludable Rights, EkkoU does not warrant that the Service will be: (a) continuously available; (b) uninterrupted; (c) error-free; (d) compatible with every device; (e) free from temporary technical failure; or (f) permanently available in every jurisdiction. 31.2 EkkoU may temporarily suspend or restrict access where reasonably necessary for: (a) maintenance; (b) software updates; (c) security; (d) emergency repairs; (e) infrastructure failure; (f) legal compliance; or (g) circumstances beyond EkkoU's reasonable control. 31.3 EkkoU may modify functionality where reasonably necessary to maintain, improve, secure or lawfully operate the Service. 32. THIRD-PARTY SERVICES AND INFRASTRUCTURE 32.1 The Service may depend on third-party infrastructure including: (a) VPS or hosting providers; (b) operating-system providers; (c) App marketplaces; (d) payment processors; (e) email providers; and (f) telecommunications infrastructure. 32.2 Third-party services may be governed by their own terms and privacy policies. 32.3 Subject to Non-Excludable Rights, EkkoU is not responsible for acts or omissions of an independent third-party provider that are outside EkkoU's reasonable control. 33. PRIVACY 33.1 EkkoU will handle personal information in accordance with: (a) its Privacy Policy; and (b) Applicable Law. 33.2 The Privacy Policy addresses matters including: (a) Account information; (b) movement data; (c) processing of User Content; (d) information concerning Minors; (e) parental or guardian consent; (f) AI processing; (g) data retention; (h) account deletion; (i) overseas hosting; (j) administrative access; (k) security; and (l) privacy enquiries and complaints. 33.3 EkkoU may store or process certain information using infrastructure located outside Australia, including infrastructure located in the United Kingdom, as further described in the Privacy Policy. 33.4 Nothing in these Terms authorises EkkoU to handle personal information in a manner inconsistent with Applicable Law. 34. AGGREGATED AND DE-IDENTIFIED INFORMATION 34.1 EkkoU may use aggregated, statistical or properly de-identified information for legitimate business purposes including: (a) improvement of the Service; (b) technical research; (c) product development; (d) system validation; (e) security; and (f) understanding platform performance. 34.2 EkkoU will not represent information as anonymous merely because an obvious identifier has been removed where the information remains reasonably capable of being associated with an identifiable individual. 35. MARKETING AND SERVICE COMMUNICATIONS 35.1 EkkoU may send communications reasonably required for the administration of the Service, including: (a) account verification; (b) parental-consent communications; (c) security notifications; (d) payment notices; (e) Subscription notices; (f) password recovery; (g) material service notifications; and (h) notices concerning changes to these Terms or the Privacy Policy. 35.2 Marketing communications are separate from essential service communications. 35.3 Where required by Applicable Law, recipients may unsubscribe from electronic marketing communications. 35.4 EkkoU may apply additional safeguards to marketing directed to or involving Minors. 36. SUSPENSION 36.1 EkkoU may suspend or restrict access to all or part of the Service where EkkoU reasonably believes: (a) you have materially breached these Terms; (b) a payment has been fraudulently avoided; (c) your Account is being misused; (d) unlawful Content is involved; (e) another person's rights may be infringed; (f) a security threat exists; (g) a child-safety concern exists; (h) continued access exposes EkkoU to material legal or regulatory risk; or (i) suspension is required by Applicable Law. 36.2 Where circumstances reasonably permit, EkkoU may notify you of the basis for suspension and provide an opportunity to remedy the relevant issue. 36.3 EkkoU may act immediately where necessary to address serious legal, security, fraud or child-safety risks. 37. TERMINATION BY EKKOU 37.1 EkkoU may terminate an Account where: (a) a material breach of these Terms is not remedied within a reasonable period after notice, where remediation is appropriate; (b) serious or repeated breaches occur; (c) unlawful activity occurs; (d) fraudulent use occurs; (e) serious child-safety concerns exist; (f) continued provision of the Service would expose EkkoU or another person to material legal or security risk; or (g) EkkoU is required to terminate the Account by Applicable Law. 37.2 Termination does not affect: (a) rights accrued before termination; (b) provisions intended by their nature to survive termination; or (c) Non-Excludable Rights. 38. TERMINATION AND DELETION BY USER 38.1 A User may request closure and deletion of their Account in accordance with functionality made available by EkkoU. 38.2 A Parent or Guardian may request deletion of an eligible Minor's Account where permitted by Applicable Law. 38.3 Following a valid deletion request, EkkoU may delete information including: (a) Account credentials; (b) email address; (c) movement history; (d) Ekko Scores; (e) reports; and (f) other Account-linked personal information, subject to retention reasonably required or authorised by Applicable Law. 38.4 EkkoU may retain limited records where necessary for purposes including: (a) taxation; (b) accounting; (c) payment disputes; (d) fraud prevention; (e) regulatory compliance; (f) legal claims; or (g) defence or enforcement of legal rights. 38.5 Deletion of an Account does not delete copies of video stored solely on the User's own device. 39. INACTIVE ACCOUNTS 39.1 EkkoU may treat an Account as inactive after approximately 24 months without recorded use. 39.2 Where reasonably practicable, EkkoU will provide notice to the registered email address before deleting an inactive Account. 39.3 EkkoU may adjust its inactivity and retention periods where reasonably necessary for technical, operational, regulatory or legal reasons, subject to the Privacy Policy and Applicable Law. 40. USER INDEMNITY 40.1 To the maximum extent permitted by law, you indemnify EkkoU and its officers, employees and contractors against Loss suffered or incurred as a result of a third-party claim arising directly from: (a) your unlawful use of the Service; (b) your material breach of clause 9 or clause 21; (c) User Content supplied by you which infringes a third party's Intellectual Property Rights or privacy rights; (d) your fraudulent or wilfully unlawful conduct; or (e) your unauthorised commercial exploitation of EkkoU's Intellectual Property Rights. 40.2 Your liability under clause 40.1 will be reduced proportionately to the extent that the relevant Loss was caused or contributed to by EkkoU's negligence, breach of these Terms or unlawful conduct. 40.3 Clause 40.1 does not require a Minor to indemnify EkkoU to an extent that would be unlawful, unfair or otherwise unenforceable under Applicable Law. 40.4 In this clause, Loss includes loss, liability, damage, cost and reasonable external legal expense. 41. LIMITATION OF LIABILITY 41.1 Subject to clause 30 and to the maximum extent permitted by law, EkkoU is not liable for Loss arising solely from: (a) treating an Ekko Score as a comprehensive measure of athletic ability; (b) treating automated movement analysis as medical advice; (c) use of unsuitable or inaccurate Reference Content supplied by a User; (d) participation in an activity which the User knew or ought reasonably to have known was unsafe or beyond their capacity; (e) failure to obtain appropriate supervision; (f) failure to seek appropriate medical or professional advice; (g) loss of User video stored solely on the User's device; (h) unlawful or unauthorised User Content; or (i) use of the Service contrary to these Terms. 41.2 To the maximum extent permitted by law, EkkoU excludes liability for indirect, incidental, special or consequential Loss that was not reasonably foreseeable at the time the relevant contract was entered into. 41.3 Nothing in these Terms excludes liability: (a) for fraud; (b) for wilful misconduct; (c) where exclusion would be unlawful; or (d) to the extent a Non-Excludable Right applies. 42. INTERNATIONAL ACCESS 42.1 EkkoU may make the Service available in multiple jurisdictions. 42.2 Availability of the App through an App marketplace does not constitute a representation that every feature of the Service complies with every law in every jurisdiction for every possible use. 42.3 EkkoU may: (a) restrict access in particular jurisdictions; (b) apply jurisdiction-specific eligibility requirements; (c) require additional parental-consent procedures; (d) impose regional terms; (e) disable particular functionality; or (f) cease offering the Service in a jurisdiction, where reasonably necessary for legal, regulatory, security or operational reasons. 42.4 Where mandatory consumer, privacy or other legal rights apply to a User notwithstanding the governing-law clause in these Terms, those rights are not excluded. 43. CHANGES TO THE SERVICE 43.1 EkkoU may modify, improve, replace or update: (a) the App; (b) the AI System; (c) movement-analysis functionality; (d) Ekko Score methodology; (e) usage limits; (f) Subscription features; (g) interfaces; and (h) other functionality. 43.2 EkkoU will not rely on this clause as authority to remove Non-Excludable Rights or avoid obligations arising in respect of a paid service. 43.3 A material change to the purposes for which personal information relating to Minors or other Users is processed will be dealt with in accordance with Applicable Law and the Privacy Policy. 44. CHANGES TO THESE TERMS 44.1 EkkoU may amend these Terms where reasonably necessary to reflect: (a) changes to the Service; (b) changes to Applicable Law; (c) new security requirements; (d) new payment arrangements; (e) new functionality; or (f) reasonable operational changes. 44.2 Where an amendment materially affects a User's legal rights or obligations, EkkoU will provide reasonable notice where required by Applicable Law. 44.3 EkkoU may require acceptance of amended Terms before continued use of the Service. 44.4 The current version of these Terms will identify its effective date. 45. NOTICES 45.1 EkkoU may provide notices under these Terms: (a) by email to the address associated with your Account; (b) through the App; (c) through an Account notification; or (d) by another reasonable electronic method. 45.2 You are responsible for maintaining a current email address associated with your Account. 46. ASSIGNMENT 46.1 You must not assign, transfer, novate or otherwise deal with your rights or obligations under these Terms without EkkoU's prior written consent. 46.2 EkkoU may assign, transfer or novate its rights or obligations in connection with: (a) a corporate restructure; (b) merger; (c) acquisition; (d) financing; (e) sale of business; or (f) transfer of substantially all assets associated with EkkoU, provided that doing so does not remove any Non-Excludable Rights. 46.3 Any transfer of personal information associated with such a transaction remains subject to Applicable Law. 47. SEVERABILITY 47.1 If any provision of these Terms is found to be invalid, unlawful or unenforceable: (a) that provision is to be read down to the minimum extent necessary to make it valid and enforceable, if possible; and (b) if it cannot be read down, it is severed from these Terms. 47.2 The validity and enforceability of the remaining provisions are not affected. 48. WAIVER 48.1 A failure or delay by EkkoU in exercising a right under these Terms does not operate as a waiver of that right. 48.2 A waiver is effective only if made expressly. 48.3 A waiver in relation to one matter does not constitute a waiver in relation to another matter. 49. SURVIVAL 49.1 Provisions which by their nature are intended to survive expiry or termination of these Terms survive, including provisions concerning: (a) Intellectual Property Rights; (b) User Content rights already lawfully exercised; (c) accrued payment obligations; (d) indemnities; (e) limitations of liability; (f) dispute rights; (g) confidentiality and proprietary information; and (h) governing law. 50. ENTIRE AGREEMENT 50.1 These Terms, together with any document expressly incorporated into them and any applicable purchase or Subscription terms displayed at the time of purchase, constitute the agreement between you and EkkoU concerning the subject matter of these Terms. 50.2 Nothing in this clause excludes any representation or right that cannot lawfully be excluded. 51. RELATIONSHIP OF PARTIES 51.1 Nothing in these Terms creates: (a) a partnership; (b) employment relationship; (c) agency; (d) fiduciary relationship; or (e) joint venture between you and EkkoU. 51.2 You have no authority to bind EkkoU. 52. GOVERNING LAW AND JURISDICTION 52.1 These Terms are governed by the laws in force in Victoria, Australia. 52.2 Subject to clause 52.3, each party submits to the non-exclusive jurisdiction of the courts and tribunals of Victoria, Australia and courts entitled to hear appeals from them. 52.3 Nothing in this clause deprives a consumer of any right they may have under Applicable Law to commence or participate in proceedings in another jurisdiction. 53. INTERPRETATION 53.1 Unless the context requires otherwise: (a) the singular includes the plural and vice versa; (b) a reference to a person includes an individual, company, body corporate, partnership, trust, authority and other legal entity; (c) a reference to legislation includes amendments, replacements and subordinate legislation made under it; (d) headings are for convenience only and do not affect interpretation; (e) “including” and similar expressions are not words of limitation; (f) a reference to “writing” includes electronic communication where permitted by law; (g) a reference to a day means a calendar day unless otherwise stated; and (h) where an obligation must be performed on a day that is not a Business Day, it may be performed on the next Business Day unless the context requires otherwise. 53.2 Business Day means a day other than a Saturday, Sunday or public holiday in Victoria, Australia. 54. CONTACT DETAILS 54.1 Notices, legal enquiries and questions concerning these Terms may be directed to: [INSERT LEGAL COMPANY NAME] Trading as EkkoU ACN: [INSERT ACN] Registered Office: [INSERT REGISTERED OFFICE] General enquiries: [INSERT SUPPORT EMAIL] Legal and copyright enquiries: [INSERT LEGAL EMAIL] Privacy enquiries: [INSERT PRIVACY EMAIL] Website: [INSERT WEBSITE] 55. ACKNOWLEDGEMENT 55.1 By accepting these Terms, you acknowledge that: (a) EkkoU is a movement-analysis and comparison service; (b) automated analysis may contain errors; (c) the Ekko Score measures similarity to selected Reference Content and is not a comprehensive measure of athletic ability; (d) EkkoU does not provide medical or healthcare advice; (e) physical activity may involve risk; (f) you are responsible for ensuring that you have lawful rights to User Content and Reference Content supplied by you; (g) use of the Service is subject to the Privacy Policy; (h) paid functionality is subject to the applicable purchase or Subscription terms; and (i) nothing in these Terms excludes any right or remedy that cannot lawfully be excluded.