Ekko Terms of Use

Effective Date: 06/24/2026


These Terms of Use ("Terms") are a binding agreement between you and Ekko Music Inc., a Delaware corporation ("Ekko," "we," "us," or "our"). These Terms, together with any documents expressly incorporated by reference, govern your access to and use of the Ekko mobile application, website, and all related products, services, features, content, and functionality (collectively, the "Services").

Ekko is a technology platform that enables recording artists, record labels, music managers, rights holders, and other campaign sponsors ("Campaign Owners") to create compensated promotional campaigns that invite creators ("Creators") to produce and distribute short-form vertical video content, including music covers, interpretations, performances, promotional content, and related creator-generated media across third-party social media platforms.

The Services facilitate campaign creation, creator participation, submission review, content approval workflows, payment processing, campaign management, and related promotional activities. Ekko acts solely as a technology platform and marketplace facilitating interactions between users.

The Services are licensed, not sold, to you.

Acceptance of Terms

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.

BY ACCESSING, DOWNLOADING, REGISTERING FOR, OR USING THE SERVICES, YOU:

(A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS;

(B) REPRESENT THAT YOU ARE LEGALLY CAPABLE OF ENTERING INTO A BINDING AGREEMENT;

(C) AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

Marketplace Disclaimer

Ekko is not a record label, publisher, talent agency, manager, employer, marketing agency, legal advisor, or licensing authority.

Ekko does not guarantee:

• Campaign approval.

• Creator participation.

• Campaign completion.

• Views, impressions, engagement, streams, followers, sales, chart performance, or marketing results.

• Revenue generation.

• Commercial success of any campaign or content.

Campaign Owners retain sole discretion regarding campaign approval decisions, creator selection, campaign funding, and content acceptance.

Creators acknowledge that submission of content does not guarantee approval, compensation, future opportunities, or continued participation in the Services.

Creator Compensation

Creator compensation is earned only after:

• All campaign requirements have been satisfied.

• Any required content has been submitted.

• The applicable Campaign Owner has approved the submission.

• Required posting obligations have been completed.

• Verification requirements have been satisfied.

• Campaign funds are available.

Ekko reserves the right to delay, suspend, reverse, or withhold payments where fraud, abuse, manipulation, misrepresentation, policy violations, intellectual property concerns, or other violations of these Terms are suspected.

Intellectual Property and Content Rights

Creators retain ownership of their original content.

By submitting content through the Services, Creators grant Ekko and the applicable Campaign Owner a perpetual, worldwide, non-exclusive, royalty-free, sublicensable license to host, reproduce, display, distribute, promote, advertise, repost, publish, edit, and otherwise use submitted content in connection with:

• Operation of the Services;

• Promotion of the Services;

• Marketing campaigns;

• Investor presentations;

• Public relations activities;

• Platform advertising;

• Campaign promotion;

• Educational and promotional materials.

Creators represent and warrant that they possess all rights, permissions, licenses, approvals, and authority necessary to create, upload, submit, publish, and distribute submitted content.

Ekko does not provide legal advice and does not grant publishing rights, synchronization rights, mechanical licenses, master use licenses, performance licenses, or any other intellectual property rights.

Users remain solely responsible for obtaining any permissions required for their content and activities.

Creator Fund and Early Adopter Fund

Ekko may offer participation opportunities in creator incentive programs, including but not limited to the Creator Fund, Early Adopter Fund, stock option pools, equity incentive plans, or similar initiatives.

Participation in any such program does not guarantee the receipt of stock, stock options, equity, ownership interests, profits, distributions, securities, or future compensation.

Any stock options, equity awards, or similar grants shall be governed exclusively by separate written agreements approved by Ekko's Board of Directors and subject to all applicable securities laws, tax laws, and corporate governance requirements.

Eligibility requirements may apply and must be satisfied before any award is granted.

No Employment Relationship

Nothing contained in these Terms, the Services, or any campaign creates an employment, agency, partnership, joint venture, fiduciary, franchise, or independent contractor relationship between Ekko and any user.

Creators participate as independent platform users and not as employees of Ekko or any Campaign Owner.

Campaign Funding

Campaign Owners are solely responsible for funding campaigns and maintaining sufficient balances necessary to satisfy creator compensation obligations.

Ekko is not responsible for campaign performance, campaign funding decisions, creator participation levels, audience engagement, platform algorithm changes, or the success of any marketing initiative conducted through the Services.

User Content Standards

All content submitted, uploaded, posted, published, or otherwise distributed through the Services must comply with all applicable laws, regulations, platform rules, and these Terms.

Users may not submit content that:

• Infringes any copyright, trademark, publicity right, privacy right, or other intellectual property right.

• Contains false, misleading, fraudulent, or deceptive information.

• Includes unlawful, defamatory, abusive, threatening, harassing, hateful, discriminatory, obscene, or sexually explicit material.

• Violates the terms, policies, or community guidelines of any third-party platform.

• Contains malware, viruses, malicious code, or harmful software.

• Promotes illegal activities.

• Misrepresents ownership, authorization, identity, audience metrics, engagement metrics, or performance data.

Ekko reserves the right to remove, reject, disable, restrict, or delete any content at its sole discretion.

Submission Review and Campaign Approval

Campaign Owners retain sole discretion regarding:

• Creator selection.

• Content approval.

• Campaign modifications.

• Campaign cancellation.

• Campaign budgets.

• Campaign requirements.

Submission of content does not guarantee acceptance, approval, compensation, reposting, promotion, or future campaign opportunities.

Ekko may remove, reject, or disable any submission that violates these Terms or applicable law.

Verification Requirements

Campaigns may require Creators to complete verification procedures before compensation is released.

Verification may include:

• Verification of social media posting.

• Verification of account ownership.

• Verification of content publication.

• Identity verification.

• Fraud prevention reviews.

• Compliance reviews.

Failure to satisfy verification requirements may result in denial of payment or removal from campaigns.

Platform Fees

Ekko may charge platform fees, transaction fees, processing fees, or other service fees in connection with campaign activity.

All fees are subject to change at Ekko's discretion.

Unless otherwise specified, fees paid to Ekko are non-refundable.

Users authorize Ekko to deduct applicable fees from transactions processed through the Services.

Fraud Prevention

Users may not:

• Artificially inflate engagement metrics.

• Purchase fake followers, views, comments, or interactions.

• Submit content not created by the Creator.

• Use automated systems to manipulate campaign results.

• Circumvent campaign requirements.

• Create duplicate accounts.

• Misrepresent performance data.

Ekko reserves the right to suspend accounts, reverse payments, terminate participation, remove content, or pursue legal remedies in response to suspected fraud or abuse.

Account Suspension and Termination

Ekko may suspend, restrict, or terminate access to the Services at any time if a user:

• Violates these Terms.

• Violates campaign requirements.

• Violates applicable law.

• Engages in fraudulent conduct.

• Infringes intellectual property rights.

• Creates risk or potential liability for Ekko, Campaign Owners, Creators, or other users.

Termination may result in the removal of content, cancellation of campaigns, forfeiture of pending payments, and loss of access to the Services.

Third-Party Platforms

The Services may integrate with or facilitate content distribution through third-party platforms including TikTok, Instagram, YouTube, Facebook, X, Snapchat, and similar services.

Ekko does not own or control these platforms and is not responsible for:

• Platform outages.

• Algorithm changes.

• Account restrictions.

• Content removal.

• Audience reach.

• Platform policies.

Users remain solely responsible for complying with all applicable third-party platform terms and policies.

Taxes

Users are solely responsible for determining, reporting, and paying any taxes arising from payments, compensation, stock options, incentives, rewards, grants, or other amounts received through the Services.

Ekko may collect tax documentation and report payments where required by law.

Nothing contained within the Services constitutes tax, legal, accounting, or financial advice.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EKKO MUSIC INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

EKKO DOES NOT WARRANT THAT:

• The Services will be uninterrupted, secure, or error-free.

• Campaigns will receive creator participation.

• Content will be approved.

• Creators will receive campaign invitations.

• Campaign Owners will receive submissions.

• Campaigns will achieve any specific marketing objective.

• Content will generate views, engagement, streams, followers, revenue, sales, conversions, or audience growth.

• Any creator, artist, label, manager, rights holder, or other participant will achieve commercial success.

• Third-party platforms will continue to support content distributed through the Services.

EKKO MAKES NO GUARANTEES REGARDING THE PERFORMANCE OF ANY CAMPAIGN, CREATOR, ARTIST, SONG, RECORDING, SOCIAL MEDIA ACCOUNT, OR MARKETING INITIATIVE.

USE OF THE SERVICES IS AT YOUR SOLE RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EKKO MUSIC INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, INVESTORS, SHAREHOLDERS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

THIS LIMITATION APPLIES TO DAMAGES ARISING FROM:

• Use of the Services.

• Inability to access the Services.

• Campaign performance.

• Creator participation.

• Campaign Owner decisions.

• Content approval decisions.

• Lost business opportunities.

• Lost profits.

• Lost revenue.

• Lost data.

• Reputational harm.

• Intellectual property disputes between users.

• Third-party platform actions.

• Account suspension or termination.

IN NO EVENT SHALL EKKO'S TOTAL LIABILITY EXCEED THE GREATER OF:

(A) ONE HUNDRED U.S. DOLLARS ($100); OR

(B) THE TOTAL AMOUNT OF FEES PAID TO EKKO BY THE USER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF EKKO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

User Responsibility

Users acknowledge and agree that they are solely responsible for:

• Their content.

• Their conduct.

• Their campaign participation.

• Their legal compliance.

• Their tax obligations.

• Obtaining any necessary rights, permissions, approvals, or licenses.

• Compliance with third-party platform rules and requirements.

Ekko is not responsible for disputes between users.

Indemnification

You agree to defend, indemnify, and hold harmless Ekko Music Inc., its affiliates, officers, directors, employees, shareholders, investors, contractors, licensors, successors, and assigns from and against any claims, actions, proceedings, liabilities, damages, judgments, losses, settlements, costs, and expenses, including reasonable attorneys' fees, arising from or related to:

• Your use of the Services.

• Your violation of these Terms.

• Your submitted content.

• Your campaign activities.

• Your violation of any law or regulation.

• Your infringement of any intellectual property right.

• Your violation of any third-party rights.

• Any dispute between you and another user.

This indemnification obligation survives termination of your account and continued use of the Services.

Intellectual Property Complaints (DMCA)

Ekko respects intellectual property rights and expects all users to do the same.

If you believe content available through the Services infringes your copyright, you may submit a notice containing:

• Identification of the copyrighted work.

• Identification of the allegedly infringing material.

• Contact information.

• A statement of good faith belief.

• A statement under penalty of perjury that the information is accurate.

• A physical or electronic signature.

Ekko may remove allegedly infringing material, suspend accounts, terminate repeat infringers, and comply with applicable intellectual property laws.

Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY.

BY USING THE SERVICES, YOU AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION.

YOU WAIVE ANY RIGHT TO:

• A JURY TRIAL.

• PARTICIPATION IN A CLASS ACTION.

• PARTICIPATION IN A CLASS ARBITRATION.

• PARTICIPATION IN A REPRESENTATIVE ACTION.

Any arbitration shall be administered by the American Arbitration Association (AAA) pursuant to its applicable rules.

Arbitration shall occur in Atlanta, Georgia unless otherwise required by law.

Governing Law

These Terms shall be governed by and construed under the laws of the State of Delaware, without regard to conflict of law principles.

Any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware.

Users consent to the exclusive jurisdiction and venue of such courts.

Limitation Period

Any claim arising out of or relating to the Services must be filed within one (1) year after the event giving rise to the claim.

Any claim filed after such period shall be permanently barred.

Changes to the Services

Ekko reserves the right to modify, suspend, discontinue, restrict, replace, or remove any portion of the Services at any time.

Ekko shall have no liability arising from any modification, suspension, interruption, or discontinuation of the Services.

Entire Agreement

These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the complete agreement between you and Ekko regarding the Services and supersede all prior discussions, understandings, representations, and agreements.

Contact Information

Ekko Music Inc.

Email: hello@ekkohq.com

Website: ekkohq.com

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

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