Terms of Service

Last updated 6th May 2026.

1. Acceptance

This Terms of Service (“Agreement”) is a contract between you and Ekso Inc. (“Ekso”, “we”, “us”). By installing, copying, or using the Ekso software, by purchasing a license, or by using ekso.app, you accept this Agreement. If you do not accept it, do not install the software, do not purchase a license, and do not use the Website.

If you accept this Agreement on behalf of an organisation, you represent that you have authority to bind that organisation, and “you” refers to that organisation.

2. Definitions

• “Software” — the Ekso application and any related tools, libraries, scripts, container images, or installers we make available for you to install and operate on infrastructure you control.
• “Website” — ekso.app and any subdomains, including commerce, support, blog, and documentation surfaces operated by us.
• “License” — the right granted under this Agreement to use the Software, scoped by the plan you have purchased or been issued.
• “Your Data” — all data and content you, your end-users, or your systems enter into, generate within, or transmit through the Software.

3. License grant

Subject to your compliance with this Agreement and payment of any applicable fees, Ekso grants you a non-exclusive, non-transferable, non-sublicensable License to install and use the Software on infrastructure you control, for your internal business purposes, in accordance with the plan you have purchased or been issued.

The License is granted for the term stated in your plan. Free Licenses may be terminated or modified by Ekso at any time. Paid Licenses run for the term you have paid for and renew on the terms then in effect.

4. Restrictions

You shall not:

• Sublicense, resell, rent, lease, or commercially redistribute the Software, in whole or in part.
• Reverse-engineer, decompile, or attempt to derive the source code of any closed-source component, except to the extent expressly permitted by law.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices in the Software.
• Use the Software to operate a multi-tenant service offering substantially similar to Ekso for third parties without a separate written agreement with us.
• Bypass or attempt to bypass any license enforcement, activation, or rate-limiting mechanism.
• Use the Software to transmit malware, conduct unlawful activity, or infringe the rights of any third party.

5. Your Data

Your Data resides on infrastructure you control. Ekso does not host, store, transmit, back up, replicate, or otherwise process Your Data as part of providing the Software. You are solely responsible for the security, backup, retention, lawful processing, and disposition of Your Data.

Ekso personnel will not access Your Data unless you explicitly grant access — for example, by sharing logs or screenshots with our support team during a support engagement. Any such access is limited in scope and duration to what is necessary to address your request.

Ekso will not use Your Data to train, fine-tune, or otherwise develop artificial intelligence or machine learning models. This commitment is structural — we never receive Your Data — not merely contractual.

6. Third-party AI, MCP servers, and integrations

Ekso supports bring-your-own AI keys (e.g. Anthropic, OpenAI, Azure Foundry), bring-your-own MCP servers, and arbitrary outbound integrations you configure. You are solely responsible for: the terms and policies of any third-party service you connect; any data transmitted to such services; and the resulting privacy, security, and regulatory implications. Ekso has no liability for the behaviour of third-party services you elect to integrate.

7. Updates and support

Updates, security advisories, and the level of direct support you receive are scoped by your plan. Critical security advisories are published to all paid Licensees regardless of plan tier. You are responsible for applying updates and patches to your installation.

8. Intellectual property

The Software is licensed, not sold. All right, title, and interest in and to the Software, including all intellectual property rights, remain with Ekso Inc. and its licensors. Nothing in this Agreement transfers any ownership of the Software to you. Your Data remains yours; we claim no ownership over it.

9. Feedback

If you send us feedback, suggestions, or ideas regarding the Software or Website, you grant Ekso a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

10. Customer references

Ekso may reference your organisation’s name and logo as a customer in customer lists, case studies, and marketing materials. You may opt out at any time by emailing privacy@ekso.app.

11. Payment

Paid Licenses are billed in advance for the term you select. You authorise Ekso (or our payment processor) to charge your payment method for the License fee plus any applicable taxes. Fees are non-refundable except as expressly required by law or in a written agreement with us. We may change pricing for renewal terms with 30 days’ notice; the new pricing applies from the next renewal.

Unpaid invoices accrue interest at 1.5% per month or the maximum permitted by law, whichever is lower, from the date due.

12. Term and termination

This Agreement remains in effect for the duration of any active License you hold. We may terminate or suspend a License immediately on written notice for material breach of this Agreement, including breach of the Restrictions in Section 4. You may terminate at any time by uninstalling the Software and ceasing use; License fees already paid are non-refundable.

On termination, your right to use the Software ceases. Sections 4, 5, 8, 9, 13, 14, 15, 16, and 17 survive termination.

13. Representations and warranties

Each party represents that it has authority to enter into this Agreement. You represent that your use of the Software will comply with applicable law, that you own or have necessary rights to Your Data, and that Your Data does not infringe any third party’s rights.

14. Disclaimer of warranties

THE SOFTWARE AND THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EKSO DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL OPERATE WITHOUT DEFECT IN ALL ENVIRONMENTS.

15. Limitation of liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (CONTRACT, TORT, OR OTHERWISE) SHALL EKSO BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES, BUSINESS INTERRUPTION, OR LOSS OF DATA; OR (B) ANY AMOUNT IN AGGREGATE EXCEEDING THE FEES YOU ACTUALLY PAID EKSO IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED ($100) U.S. DOLLARS IF NO FEES APPLY. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, IN WHICH CASE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

16. Indemnification

You shall defend, indemnify, and hold harmless Ekso and its officers, directors, employees, and agents from any claim, action, or demand arising from (a) your breach of this Agreement, (b) Your Data, or (c) your use or misuse of the Software or Website. Ekso will give you reasonable notice of any such claim.

17. Dispute resolution

The parties agree to attempt informal resolution first. Notice of a claim must include the claimant’s name, contact details, the facts of the dispute, and the relief sought, sent by email (you to feedback@ekso.app; Ekso to your account email). If a claim is not resolved within 30 days of notice, the claim shall be resolved by binding arbitration under the laws and jurisdiction of Canada, except for claims for injunctive relief or intellectual property infringement, which may be brought in any court of competent jurisdiction.

You agree that any claim arising out of this Agreement or your use of the Software or Website must be brought within one (1) year of the date the claim arose or be forever barred.

18. Notices

Notices to you may be sent by email to the address associated with your License or to any address you provide. Notices to Ekso must be sent by email to legal@ekso.app or by certified mail to the address listed on our Contact page.

19. Governing law and jurisdiction

This Agreement is governed by the laws of Canada. The parties submit to the exclusive jurisdiction of the courts of Canada for any matter arising out of or relating to this Agreement, except as provided in Section 17.

20. Changes to this Agreement

We may update this Agreement. Material changes will be announced on this page and, where you have an active License, by email to the address on file at least 30 days before the change takes effect. Your continued use of the Software or Website after the change takes effect constitutes acceptance of the updated Agreement.

21. Whole agreement; assignment; severability

This Agreement, together with the Privacy Policy incorporated by reference, is the complete agreement between the parties on its subject matter and supersedes any prior or contemporaneous understandings. You may not assign this Agreement without our prior written consent, except in connection with a merger or sale of substantially all your assets, on 30 days’ written notice. Ekso may assign this Agreement without restriction. If any provision is held unenforceable, the rest of the Agreement remains in effect.

22. Survival

Rights to a License are non-transferable and end on termination. Sections that by their nature should survive termination (including but not limited to Sections 4, 5, 8, 9, 13, 14, 15, 16, and 17) survive.