Terms of Service

These terms are a contract between you and Immiscible Tech Limited (the company that operates EKKO) when you create an account and use the EKKO service. You must be 18 or older and a New Zealand resident to use EKKO.

By creating an account you confirm that you have read and agree to these terms and our Privacy Policy.

The Gold tier prize pool is funded by EKKO from its own subscription revenue. A portion of each Gold subscription is ring-fenced into a dedicated business bank account (the Prize Pool Reserve) held by Immiscible Tech Limited.

• Payout timing: Your prize is recorded as owed to you the moment the game ends. Bank-transfer payouts are not live yet - the money-movement pipeline is still being built. Nothing has been withheld from any winner; the capability to pay out simply does not exist in the product yet.
• This is not gambling under the Gambling Act 2003. The Act defines gambling as involving three elements: staking consideration, an element of chance, and a prize. EKKO fails the chance element, and players never stake consideration on the outcome because the prize pool is company-funded, not built from player stakes. Outcomes are fully deterministic - the same inputs always produce the same result. A player who saves their target hits every time; one who does not, misses every time. There is no randomness in the system. This is Immiscible Tech Limited’s position; written confirmation from the Department of Internal Affairs (Gambling Group) is being sought before launch.
• Prize pool cap: If the prize pool liability exceeds 3 months of Gold subscription revenue, new Gold signups are paused until the ratio is restored.

Every Friday at 5:30pm New Zealand time, EKKO reads your Arena account balance via Akahu and compares it to your High-Water Mark (HWM). This is Judgment Day.

• If your Arena balance is at or above your HWM: HIT - you survive the week.
• If your Arena balance is below your HWM: MISS - a lifeline is consumed (if you have one).
• If your Arena balance is below your HWM and you have no lifelines: ELIMINATED.

The balance used is sourced from Akahu at the moment of Judgment Day. EKKO cannot alter what Akahu returns. Every result is recorded in an immutable audit log. If you believe a result is wrong, you can raise a dispute within 48 hours - see Section 9.

Each game participant begins with 3 lifelines. Lifelines absorb MISS outcomes. When all lifelines are consumed, the next MISS results in elimination.

Free Money rule: If EKKO detects income deposited into your Arena account that you did not earn through your own work (gifts, windfalls, external transfers), this constitutes a Free Money Violation. Unresolved violations by Friday 5:30pm result in a forced MISS at Judgment Day, regardless of your balance. Large, unexplained deposits shortly before Judgment Day trigger review. EKKO reserves the right to flag deposits at its discretion where the pattern of behaviour suggests circumvention.

If Immiscible Tech Limited ceases to operate, the following applies:

• The Prize Pool Reserve is disbursed to eligible players before any other creditor.
• All subscriptions are cancelled immediately with no further charges.
• Users are notified with at least 30 days’ notice where possible.
• Your bank balances are unaffected - they are in your own accounts.

The Prize Pool Reserve is ring-fenced from EKKO’s operating funds. EKKO’s operating account being empty does not affect the Prize Pool Reserve.

EKKO is a savings game and financial behaviour tool. We are not a bank, financial adviser, or credit provider. Nothing in EKKO constitutes financial advice.

The Consumer Guarantees Act 1993 applies to your subscription. The service must be fit for purpose and match its description. If it is not, you have remedies under that Act.

We are not liable for: losses arising from your savings decisions, bank errors by your bank or Akahu (though we have a resolution path - see Section 9), or interruptions to the service beyond our reasonable control.

If you disagree with a Judgment Day result or any other outcome:

1. Level 1 - Self-service: Use the dispute button in the audit log. Your full Judgment Day data (balance, HWM, lifelines) is pre-loaded.
2. Level 2 - Founder review: Request escalation within your support ticket. Response within 48 hours.
3. Level 3 - Disputes Tribunal: If you are not satisfied with our response, you may file a claim at disputes.govt.nz (claims up to NZD $30,000, filing fee from $45 - tiered by claim amount, see disputes.govt.nz for current schedule).
4. Level 4 - Commerce Commission: For systemic misconduct under the Fair Trading Act 1986.

We may update these terms. We will notify you by email at least 14 days before any material change takes effect. Continued use of EKKO after that date means you accept the updated terms. If you do not accept the changes, you may cancel your account before they take effect.

These terms are governed by New Zealand law. Any dispute that cannot be resolved informally will be subject to the exclusive jurisdiction of the New Zealand courts, except where the Disputes Tribunal has jurisdiction.

Immiscible Tech Limited
New Zealand
chow@ekko.nz