Terms and Conditions
If you have any questions about Kara Connect, the Service or the Terms and Conditions, please contact us.
1. INTRODUCTION
These Terms and Conditions (the “Agreement” or “Terms”) apply to all Professionals who provide professional services to users through Kara Connect’s (“Kara Connect”, “we”, “us”) services. Please read these Terms and Conditions carefully before using the platform.
In addition to these Terms, Kara Connect’s Privacy Policy, Cookie Policy and Data Processing Agreement apply to the provision of Kara Connect’s Services.
By signing the Order Confirmation electronically, you acknowledge that you have read and understood these terms and agree to be legally bound by them when using Kara Connect’s Wellbeing Hub services.
2. DEFINITIONS
2.1. Users: the intended beneficiaries of professional services which are (i) registered employees of companies subscribed to Kara Connect’s Wellbeing Hub or (ii) other clients of Professionals registered through Kara Connect’s services. User’s use of the services is subject to separate Client Terms of Use.
2.2. The Platform: a workstation for professional service providers hosted and serviced by Kara Connect to connect Users with Professionals. The Platform includes an online work environment and video conferencing system which enables Professionals, e.g. to perform sessions with Users remotely, securely log session notes and manage their calendars. The platform can connect to wellbeing hubs or be a clinic service platform.
2.3. Professionals: service providers, i.e. companies, clinics, treatment centres, their employees and independent service providers who offer professional services to Users through the Platform.
2.4. Order confirmation or order form or Subscription confirmation: specification and details of the subscription service the Professional wishes to order.
2.5. The Services: All features and functionalities, including websites and user interfaces, as well as all content and software applications associated with Kara Connect’s Wellbeing Hub platform and other services.
2.6. The Wellbeing Hub: A customised platform set up and maintained by Kara Connect for corporate clients or entities that connects Professionals that provide various professional services to the corporate client’s employees.
3. AGREEMENT
The Agreement becomes binding and effective for any use of the Services by the Professional upon the Professional’s acceptance of these Terms of Use by electronic signature by the Professional or its representative.
The Agreement remains in force for the duration of the subscription specified in the Order Confirmation or until terminated in accordance with the provisions of this Agreement.
Kara Connect may change this Agreement, the Privacy Policy, Cookie Policy and Data Processing Agreement at any time for valid reasons, such as improvement of features or to ensure continued compliance with applicable laws. If material changes are made to the Agreement or other policies, Kara Connect will notify you through the Service and/or by e-mail or text.
In case you object to the changes, you may cease using the Services by deleting your account. If you continue to use the Services after any such changes, you accept the changes to the Agreement and/or policies.
4. PAYMENT TERMS
The Service is a subscription service. The price of the Services is specified in the Order Confirmation or Subscription Confirmation. Unless otherwise specified in the Order Confirmation, all fees are stated in EUR, exclusive of any taxes, deductions or withholding (including but not limited to cross-border withholding taxes).
As specified in the Order Confirmation, the Professional will be billed through invoicing or credit card payment. In case a payment falls through, for example, if the credit card cannot be charged, Kara Connect is authorised to initiate a bank claim for the amount plus additional cost.
The subscription fee is payable for every term in advance, as specified in the Order Confirmation, and is due upon acceptance of the Agreement. If payment is not received by the deadline, Kara Connect may charge default interest for each overdue day until payment. If a claim is overdue, Kara Connect reserves the right to block the Professional’s activity within the Service until the overdue fee is paid.
Failure to pay the subscription fee may result in the termination of this Agreement and suspension of the Professional’s access to the Service with immediate effect, including any scheduled sessions and/or future bookings. The suspension will not relieve the Professional of its obligation to pay invoices and/or other fees already payable to Kara Connect for the relevant Order Confirmation.
Should the Professional wish to cancel the subscription, such cancellation must be made before the 15th of the month to not be charged for the following month.
Kara Connect reserves the right to change the prices, features and options included in a particular subscription plan at any time. Any changes will be notified on the Platform at least 14 days in advance and will take effect by the start of the subsequent subscription period.
The Professional accepts the new price by continuing to use the Service after the price change is realized. Should the Professional not be willing to accept the price change, the Professional may unsubscribe from the Service before the price change’s realization. In that case, the Professional will not be liable to pay the changed price during the notice period.
Kara Connect is authorised to change interest rates without individual notice to the Professional but endeavours to notify such changes by notification in the Services. Kara Connect is not authorized to change interest rates for service already provided unless caused by external factors not attributable to Kara Connect.
Kara Connect reserves the right to charge the Professional for any expenses Kara Connect suffers to the extent it is caused by the Professional, in accordance with applicable law.
In the event that the Professional is invited by Kara Connect to participate in the Wellbeing Hubs programme, Kara Connect may waive the subscription fee for a set period of time as stated in the Order Form, the subscription fee will not be applicable for that period of time. However, Kara Connect reserves the right to change any offers and discounts at any time.
5. PAYMENTS BY USERS TO PROFESSIONALS
Professionals are responsible for setting the price for their professional services provided through the Kara Connect platform.
If the Professional joins the Wellbeing Hub program, Kara Connect will, at times, advise, request or require a set price for the services provided on those channels.
Under the Wellbeing Hub service, companies sponsor a certain amount of sessions to each of their employees (Users) to use as payment for sessions with Professionals of their choosing, which is included in the Wellness Hub subscription payment (“credits”). The number of credits for each company varies based on their subscription terms with Kara Connect.
Sessions covered by credits under the Wellbeing Hub are invoiced by the Professional directly to Kara Connect, to accounts@karaconnect.com, at the end of every month. Only completed and closed sessions under the Wellbeing Hub services are payable.
Once a User in a Wellbeing Hub has exhausted their credits, the Professional is responsible for invoicing the User directly for each session thereafter. Professionals are responsible for setting up a Payment Processor Gateway to process these payments. Kara Connect is in no way responsible for collecting overdue payments from users for the Professional’s services.
Professionals are authorised to charge Users in case a vacancy occurs, subject to the Professional’s own service rates and terms.
Under the Wellbeing Hub Platform, Professionals must adhere to a minimum policy of free cancellation of Users 24 hours in advance of the session start time.. Professionals are authorised to charge Users in case Users cancel their session within 24 hours before the session start time, subject to the Professional’s own service rates and terms.
Kara Connect adds a small fee on top of the price set by the Professional for each session conducted through the Services, when the service is paid using a credit or debit card which serves as payment from the User to Kara Connect. The small fee is included in the price the User sees when using the Service.
The fees are based on the terms of Kara Connect’s payment processor’s fee schedule, Stripe, at each time.
6. USE OF SERVICES
6.1. ELIGIBILITY TO USE
The Professional represents and warrants that they, or any representatives agreeing to this Agreement on their behalf, have the authorization to accept and bind the Professional to this Agreement and the Order Confirmation.
6.2. ACCESS TO KARA CONNECT CONTENT
Subject to the restrictions set out in these Terms, Kara Connect grants to the Professional a non-exclusive, non-transferable license, without the right to grant sublicenses, to access and use the Services during the term of this Agreement.
7. OBLIGATIONS OF KARA CONNECT
Kara Connect will provide the Services to the Professional in accordance with the information provided in the Professional’s Order Confirmation. Kara Connect will endeavour to ensure that the Services will, when properly used and on an operating system for which it was designed to work on, perform substantially as expected.
Kara Connect shall make a reasonable effort to ensure the availability of the Services to the Professional and to prevent disruptions to the Services.
Kara Connect reserves the right to change, suspend or end the Services at its own discretion.
Kara Connect is not responsible for disruption of availability to the Service in case of maintenance work of the Services, force majeure conditions or the Professional’s own circumstances which make it impossible to use the Services or substantially complicate the provision of the Services.
Kara Connect reserves the right to restrict, suspend or terminate the Professional’s account or access to the Services at any time without providing notice or cause for any reason Kara Connect deems necessary to protect their business interests.
8. OBLIGATIONS OF THE PROFESSIONAL
Professionals are responsible for providing the correct and accurate representation of their skills, degrees, qualifications, background and other information, whether provided to Kara Connect, users or submitted to or presented in any form on the Platform.
Professionals are responsible for ensuring that they have and maintain authorisation, qualification, eligibility, licence or good standing, as applicable, to provide their professional services to users in each relevant jurisdiction where they may provide their services. Professionals shall not perform or offer any services in any jurisdiction where they are not authorised, qualified, eligible, licensed or in good standing to do so.
Professionals are responsible for abiding by all relevant laws, regulations and any rules or codes applicable to the professional service they provide, including but not limited to codes of ethics and professional responsibility as applicable in each case. Professionals may not provide any services through the platform which may not be lawfully rendered or provided through the platform in each jurisdiction according to the foregoing.
Professionals may not mislead users to believe that they can provide a service outside their field of licensed expertise and will not represent themselves or create any misleading name or listing.
Professionals are responsible for exercising a reasonable standard of care mandated by their profession, at least the same as the Professional would in a similar transaction not conducted through the Platform or online, subject to restrictions set out in section 13 on medical services.
The Professional is responsible for maintaining and updating all their information to ensure it is true, accurate, current and complete.
Professionals are responsible for setting their own service rates and terms of service regarding the provision of their services to Users, including but not limited to terms regarding cancellations of appointments, notification requirements and consequences for non-payment of sessions.
Professionals providing services to users introduced through the platform must conduct all services and contact the users only through the Platform.
Upon acceptance of this Agreement, the Professional represents and warrants that it has sufficient rights to provide the information and content to Kara Connect needed to supply the services and ensures that such information is complete and accurate in all material respects.
The Professional shall bear any risk associated with uploading and transmitting material and utilizing the Platform.
The Professional must not (and must not allow any third party to) directly or indirectly:
- provide access to the services to an unauthorised third party;
- Modify or create a derivative work of Kara Connect’s Services or any portion of them, or Access the services for the purpose of building a competitive product or service or copying its features or user interface
- Reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to the Services, except to the extent expressly permitted by applicable law and then only with advance notice in writing to Kara Connect;
- Break or circumvent any security measures of the services or configure the Services to avoid incurring fees or in any way disrupt the integrity, performance or security of the services;
- Use or permit the services to be used for any illegal or misleading purpose, or any manner inconsistent with the Agreement
- Collect, use and disclose data that violates any third-party rights, including privacy, publicity rights and intellectual property rights;
The Professional must notify Kara Connect of any suspected unauthorized use of the service which the Professional may become aware of, including the misuse of an account, profile or service or any breach of the provisions. The Professional must also notify Kara Connect if it suspects that a credit card has been used fraudulently through the service. If Kara Connect suspects any fraudulent use of the service, Kara Connect may block the affected account and profile.
The Professional may not authorise a user under the age of 18 to access or use their service without prior parental consent. It is the Professional´s responsibility to inform its employees/intended users thereof. The Professional warrants that it will correctly use the services and is solely responsible for any damage that occurred from the incorrect use of the Services.
The Professional agrees and commits not to make any use of the Platform for the posting, sending or delivering of any of the following:
(a) unsolicited email and advertisement or promotion of goods and services;
(b) malicious software or code;
(c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content;
(d) any content that infringes a third-party right or intellectual property;
(e) any content that may cause damage to a third party;
(f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
Kara Connect reserves the right to report any misuse of the Services which may breach criminal law to law enforcement.
9. INTELLECTUAL PROPERTY AND FEEDBACK
Either Party’s ownership of or any right, title or interest in any Intellectual Property Rights or an item which exists prior to the effective date of this Agreement will not be altered, transferred or assigned by virtue of this Agreement.
The Professional acknowledges that Kara Connect retains all rights, title and interest (including all property rights) in and to the Services, and all related or underlying documentation, technology, code, know-how, graphics, user interfaces, logos, trademarks, anything delivered as part of the support of other services, and any updates, modifications or derivative works of any of the foregoing. Kara Connect reserves any licences not explicitly granted in this Agreement.
The Professional acknowledges that rights to use the Service is licensed (not sold) to the Professional and that the Professional has no rights in, or to, the software or the Service other than the right to use in accordance with the terms of this Agreement. The Professional recognizes that the Services and its components are protected by copyright and other laws.
The Service is offered as an online, hosted product. Accordingly, the Professional acknowledges and agrees that it has no right to obtain a copy of the software behind any of the Services and that Kara Connect has sole discretion to make updates, bug fixes, modifications or improvements to the Service from time to time.
The Professional agrees that Kara Connect may use the Professional’s name and logo on Kara Connect’s websites for use and as a part of a general list of Kara Connect’s Professionals for use and reference in corporate, promotional and marketing material.
Kara Connect has not agreed to and does not agree to treat as confidential any Feedback (as defined below) that the Professional or users give Kara Connect, and nothing in this Agreement or the parties’ dealings arising out of or related to this Agreement will restrict Kara’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting the Professional. Feedback will not be considered Professional’s trade secret. (“Feedback” refers to any suggestion or idea for improving or otherwise modifying any of Kara’s products or services.)
10. DATA PROTECTION
Kara Connect processes personal data of the Professional and its employees/ representatives in order to provide the Services, in accordance with the EU General Data Protection Regulation no. 2016/679 (the ‘GDPR’).
Kara Connect acts as a Data Controller within the meaning of the GDPR for the processing of the personal information provided by the Professional and its employees/representatives necessary to create a profile on the Service and collect payment in accordance with the payment terms of this Agreement. Kara Connect has no access to and processes no sensitive personal data as Data Controller, as defined in Article 9 of the GDPR, through the provision of its services.
Kara Connect also acts as a Data Controller when the chat function is used for the purpose of providing service to the function of the Platform. The chat function is intended to provide technical assistance, and Professionals and Users should never provide sensitive information through the chat, i.e. health information, financial information or confidential information.
Professionals act as Data Controllers for the processing of the personal data of their clients, Users for the provision of their professional services. As such, Professionals are responsible for complying with the GDPR as Data Controllers for the personal data they process about their clients to provide their services. This includes but is not limited to responsibility for ensuring that a legal basis is in place for the processing of the personal data, including sensitive personal data, of their clients.
Kara Connect acts as a Data Processor on the Professional’s behalf in hosting the personal data as applicable. Kara Connect and each Professional enter into a Data Processing Agreement, which is an appendix to this Agreement.
Professionals may seek consultation from Kara Connect on compliance with the GDPR. Kara Connect is entitled to invoice the Professional for such consultation at an hourly rate of EUR 139 excl. VAT.
For further information on Kara Connect’s handling of personal data and its sub-processors, reference is made to Kara Connect’s Privacy Policy and Data Processing Agreement.
11. LIMITATIONS OF LIABILITY
The use of the Services is the sole responsibility of the Professional. The Services are supplied “as is” and may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Kara Connect is not responsible for defective services, sessions, advice, treatment or the quality of purchased services rendered by Professionals through the Service.
All warranties, conditions and other terms implied by statute or law are, to the fullest extent permitted by law, excluded from the Agreement.
The Professional acknowledges that the Service has not been developed to meet their individual requirements, compatibility with the Professional’s or Users’ needs or otherwise, and that it is, therefore the Professional’s responsibility to ensure that the facilities and functions of the Services meet the Professional’s requirements.
Kara Connect shall under no circumstances whatsoever be liable to the Professional, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) wasted expenditure;
(e) loss of business opportunity, goodwill or reputation;
(f) any special, indirect, consequential loss, damage, charges or expenses (including punitive damages).
(g) any representation, qualifications or advice of a Professional provided through the Platform
The Professional is solely responsible for any agreements made with its clients in relation to the Services. Kara Connect is not liable in any way for any such agreement made between the Professional and clients or for enforcing such agreements in any way, including but not limited to fees and the provision by Professionals of their services.
Kara Connect is not liable for the collection, reporting or payment of any tax matters which the Professional is responsible for.
12. INDEMNIFICATION
The Professional will indemnify, defend, and hold Kara Connect and its affiliates, respective officers, directors, employees, representatives and agents harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses of any kind (including reasonable attorney fees and costs) arising out of or relating to any of the following:
(a) the Professional’s access to or use of the Platform;
(b) the content processed by the Professional or users through the Service;
(c) any actions, including any activity which the Professional or user engages in through the Professional’s account;
(d) the Professional’s violation of any of the provisions of this Agreement or any law;
(e) the Professional’s violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
(f) The Professional’s and Users’ agreements with Professionals, including but not limited to, any disputes on transactions or the provision by Professionals of services.
(g) Any Professional’s provision of professional services through the Platform
13. NO MEDICAL SERVICES BY KARA CONNECT
Kara Connect does not engage in the practice of medicine, enter into physician/patient relationships with any clients or users or provide healthcare and/or medical services in any way. The Platform and any services provided by Kara Connect shall not be considered to be provisions of healthcare and/or medical services. Professionals are entirely responsible for any healthcare and/or medical services they may provide through the use of the platform in case they enter a clinical relationship with their clients.
Treatment provided through the Platform is not intended to replace traditional and/or conventional practice of healthcare or treatment face-to-face or to replace a physician’s independent judgement, but rather to complement traditional treatment. No healthcare services that should require an in-person meeting or physical examination of a patient may be performed through the Platform virtually.. The foregoing shall not prevent Professionals from using the platform to manage the bookings of in-person appointments. Professionals are responsible for advising and recommending their clients to seek face-to-face professional help from a qualified medical professional, if applicable.
Kara Connect provides an online software platform intended to enable coordination and direct communication between Users and independent Professionals. Users may seek professional services, which may include medical or healthcare advice, care, diagnosis or treatment from those independent Professionals.
Kara Connect provides no medical, surgical or healthcare advice, care, diagnosis or treatment. The content of Kara Connect’s services is not and should not be considered the practice of medicine, the provision of medical care, medical advice or a substitute for medical advice (including clinical therapy advice), diagnosis or treatment. Information obtained through the Services must not be used to disregard, avoid or delay obtaining medical advice (including clinical therapy advice) from a qualified healthcare provider.
Use by Professionals or Users of any information received through the Services is solely at their own risk. Any questions regarding a medical condition or for diagnosis and treatment must be brought directly to a qualified healthcare provider.
Professionals are responsible for informing their clients that they must always consult a medical doctor about medical conditions, including but not limited to cases where symptoms persist, or ailments are severe.
Professionals may only provide professional services through the platform for non-emergency matters and cases, never for emergency medical needs. Professionals must instruct their clients to immediately call local emergency services in an emergency.
It is the Professional's responsibility to inform its employees/intended users of this provision.
14. INDEPENDENCE OF PROFESSIONALS
Professionals providing their services to Users through the platform are independent contractors and are not employed by Kara Connect or any of its affiliates. No agreement between Kara Connect and Professionals creates any partnership, joint venture, agency, franchise, representation or employment relationship in any way. Professionals are not authorised to make or accept any offers or representations on Kara Connect’s behalf.
Any relationship between a Professional and User is established separately and directly with the professional. Kara Connect is not a party to any such relationships, and each professional is solely responsible for any opinion users may receive through access to and use of the Services.
Any opinions or claims expressed by a Professional in connection with the Services are not those of Kara Connect, Kara Connect cannot be held responsible for them, and they cannot be used in any legal dispute against Kara Connect.
Professionals shall not provide users with services other than stated professional services through the platform as agreed upon in the order form.
15. FORCE MAJEURE
Neither party will be liable for any delay or failure to perform its obligations under this Agreement (except payment obligations) if the delay or failure is due to causes beyond their reasonable control, such as a strike, blockade, war, act or terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.
16. TERMINATION AND BREACH OF CONTRACT
Either party may terminate this Agreement at any time with one (1) month’s notice without providing a reason, subject to any restrictions of this Agreement, including the Order Confirmation.
If the Professional terminates the Agreement before the 15th of the month, the termination will take effect on the last day of the ongoing subscription period (current month + one (1) month). If the Professional terminates the Agreement on or after the 15th of the month, the termination will take effect the day after the subsequent subscription period begins (current month + two (2) months).
When the term of the Agreement expires or the Agreement is terminated for any reason:
- The Professional will pay to Kara Connect any amounts that have accrued before, and remain unpaid as of the date of the termination or expiration, including those for the billing cycle in which termination occurs and the subsequent cycle, in accordance with the above;
- Any and all of the Professional’s liabilities to Kara Connect that have accrued before the effective date of the expiration or termination will survive;
- Licences and use rights granted to the Professional with respect to the Services and intellectual property will immediately terminate;
- Kara Connect’s obligation to provide any further services to the Professional under this Agreement will immediately terminate, except any such services that are expressly to be provided following expiration or termination of this Agreement; and
If the Professional breaches this Agreement in any way, Kara Connect may, without prejudice to other provisions of this Agreement, take any action as Kara Connect deems appropriate to respond to such breach, including by suspending the Professional’s access to the Services with immediate effect by any means necessary and/or initiate legal proceedings.
Should the Professional breach this Agreement materially, Kara Connect reserves the right to terminate the Agreement with immediate effect, call in all outstanding payments, close the Professional’s account immediately and block the Professional’s access without warning. A material breach includes but is not limited to, any breach of the Professional of its obligations subject to Section 6 of this Agreement.
17. INSURANCE
The Professional represents and warrants that it maintains and will continue to maintain adequate insurance, both customary and as required by any applicable laws and regulations which apply to the provision of their services, including but not limited to applicable professional liability insurance.
18. ASSIGNMENT
The Professional is not entitled to transfer its rights or obligations under the Agreement to any third party without prior written consent from Kara Connect.
19. SEVERABILITY
To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
20. AGREEMENT AND VARIATION
The Agreement, including the Order Confirmation, constitutes the entire agreement between the Professional and Kara Connect in relation to its subject matter. It replaces and extinguishes all prior agreements, arrangements, collateral warranties collateral contracts, statements, assurances, representations and understandings of any nature made by or on behalf of the parties in relation to the same, whether oral or written.
No variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorized representatives).
21. DISPUTE RESOLUTION, JURISDICTION AND CHOICE OF LAW
The parties agree to use their reasonable efforts to settle any dispute, claim, question or disagreement directly through amicable consultation, and good faith negotiations. Should reasonable efforts fail, disputes arising out of or in connection with this Agreement shall be brought to the District Court of Reykjavík, Iceland.
This Agreement is subject to and governed by the laws of Iceland.
22. NOTICES AND CONTACT
Notices required to be given under this Agreement shall be in writing and can be delivered by e-mail, hand, sent by pre-paid post or recorded delivery post to the other party at its address set out in this Agreement or the Order Confirmation.
The Professional can send notices, and questions about Kara Connect, the Service or this Agreement to Kara Connect via e-mail at support@karaconnect.com
This agreement was last updated on May 21st, 2023.
Kara Connect ehf. is a company registered in Iceland under the registration number 640614-0210, with registered office at Skipholt 25, 105 Reykjavík, Iceland.
These Terms and Conditions (the “Agreement” or “Terms”) apply to all Users (“Users”, “you”) of Kara Connect’s (“Kara Connect”, “we”, “us”) services. Please read these Terms and Conditions carefully before using the services.
In addition to these Terms, Kara Connect’s Privacy Policy and Cookie Policy apply to the provision of Kara Connect’s Services. This Agreement applies to Kara Connect’s services on Kara Connect’s website and other related sites, apps, etc. which Kara Connect may offer in relation to the service.
By clicking “I accept”, you acknowledge that you have read and understood these terms and agree to be legally bound by them when using Kara Connect’s services.
2. DEFINITIONS
2.1. Users: the intended beneficiaries who are (i) registered employees of an employer who is subscribed to the Wellbeing Hub; and/or (ii) direct clients of Professionals providing their professional services through the Services, and therefore permitted by Kara Connect to use the Services subject to this Agreement.
2.2. The Platform: the platform, including but not limited to the website and related applications, hosted by Kara Connect to connect Authorised Users with Professionals and perform online sessions. The platform includes an online work environment and a video conferencing system.
2.3. The Wellbeing Hub: A customized platform set up and maintained by Kara Connect for employers, in order to connect Professionals providing various professional services to their employees.
2.4. Professionals: any professional offering their professional services through the Platform.
2.5. The Services: All features and functionalities, including websites and user interfaces, as well as all content and software applications associated with Kara Connect’s Wellbeing Hub platform.
3. AGREEMENT
The Agreement remains in force for the duration of the User’s use of the Services.
Kara Connect may make changes to this Agreement, the Privacy Policy, Cookie Policy and any other relevant terms at any time for valid reasons, such as improvement of features or to ensure continued compliance with any applicable laws. If material changes are made to the Agreement or other policies, Kara Connect will notify you through the Service and/or by e-mail or text message.
In case you object to the changes, you may cease using the Services by deleting your account. If you continue to use the Services after any such changes, you accept the changes to the Agreement and/or policies.
If you are a User of the Wellbeing Hub as an employee, your employer may provide you with a limited number of credits to use as payment for sessions with Professionals participating in the Wellbeing Hub. Your employer is responsible for informing you about such credits.
Under the Wellbeing Hub Platform, the Users must adhere to a minimum cancellation policy of 24 hours in advance of the session start time and date. In the event of cancellation within 24 hours or less, the User shall be liable to cover the cost of the session as per the contract terms.
Under the Wellbeing Hubs Platform, your entitlement to and usage of credits are contingent upon your active employment status with the organisation participating in the Wellbeing Hub platform. Should you no longer be in employment at any point, your right to use these credits may cease, corresponding with the date and time of the termination of your employment. It is the responsibility of your employer to inform you about the guidelines pertaining to such credits, based on their individual employment terms and conditions. In the event you attend a session after the termination of your employment, the cost of such sessions may be directly charge to you, adhering to the Professional's terms, as applicable in each specific case.
- In any way that breaches any applicable local, national or international law or regulations,
- In any way that is unlawful, misleading or fraudulent or has any unlawful, misleading or fraudulent purpose or effect,
- For the purpose of harming, attempting to harm, insult, intimidate, threaten or humiliate any person in any way,
- To provide access to the services to an unauthorised third party;
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware,
- In any way that involves harassment, abuse, privacy invasion, threats, vulgarity, obscenity, racism, sexual exploitation or abuse or any potentially harmful content
- To upload terrorist content
- Reproduce, duplicate, record, copy or re-sell any part of our site,
- Access without authority, interfere with, damage or disrupt any part of the Services,
- Modify or create a derivative work of the Services or any portion of them
- Reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to the Services, except to the extent expressly permitted by applicable law and then only with advance notice in writing to Kara Connect;
- Collect, use and disclose data that violates any third-party rights, including privacy, publicity rights and intellectual property rights;
- Share passwords or any other security information associated with your account
9. INTELLECTUAL PROPERTY AND FEEDBACK
The User acknowledges that Kara Connect retains all rights, title and interest (including all property rights) in and to the Services, and all related or underlying documentation, technology, code, know-how, graphics, user interfaces, logos, trademarks, anything delivered as part of the support of other services, and any updates, modifications or derivative works of any of the foregoing. Kara Connect reserves any licenses not explicitly granted in this Agreement.
The Service is offered as an online, hosted product. Accordingly, the User acknowledges and agrees that it has no right to obtain a copy of the software behind any of the Service and that Kara Connect has sole discretion to make updates, bug fixes, modifications or improvements to the Kara Connect service from time to time.
Kara Connect has not agreed to and does not agree to treat as confidential any Feedback (as defined below) that the User gives Kara Connect, and nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict Kara’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting the User. (“Feedback” refers to any suggestion or idea for improving or otherwise modifying any of Kara’s products or services.)
10. DATA PROTECTION
Kara Connect processes personal data of the User in order to provide the Services, in accordance with the EU General Data Protection Regulation no. 2016/679 (the ‘GDPR’). Kara Connect has no access to and processes no sensitive personal data, as defined in Article 9 of the GDPR, through the provision of its services.
Kara Connect acts as a Data Controller within the meaning of the GDPR for the personal information provided by the User necessary to create a profile on the Service and collect payment in accordance with the payment terms of this Agreement.
Kara Connect also acts as a Data Controller when the chat function is used for the purpose of providing service to the function of the Platform. The chat function is intended to provide technical assistance, and Users should never provide sensitive information through the chat, i.e. health information, financial information or confidential information.
Professionals act as Data Controllers for the processing of personal data of Users for the provision of professional services, whereas Kara Connect acts as a Data Processor on their behalf in hosting the personal data as applicable. Kara Connect and each Professional enter into Data Processing Agreements and Professionals are responsible for complying with the provisions of the GDPR in providing their services through the Platform to Users.
For further information on Kara Connect’s handling of personal data and its sub-processors, reference is made to Kara Connect’s Privacy Policy.
The Services are supplied “as is” and “as available” and may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. Kara is entitled to limit your interactions on and use of the Service. Kara may also restrict, suspend or terminate your account if Kara suspects that you may be in breach of this Agreement or misusing the Service.
Any specific professional advice, opinion or treatment given by a Professional through the Service is the sole responsibility of the Professional.
The User acknowledges that the Service has not been developed to meet their individual requirements, compatibility with the Users’ needs or otherwise.
Kara Connect is not liable in any way for any such agreement made between the User and Professional or for enforcing such agreements in any way, including but not limited to fees and the provision by Professionals of their services.
12. NO MEDICAL SERVICES BY KARA CONNECT
Kara Connect is an online software platform intended to enable coordination and direct communication between Users and independent Professionals. Users may seek professional services, which may include medical or healthcare advice, care, diagnosis or treatment from those independent Professionals.
Kara Connect does not engage in the practice of medicine, enter into physician/patient relationships with any clients or users or provide healthcare and/or medical services in any way. The Platform and any services provided by Kara Connect shall not be considered to be provisions of healthcare and/or medical services. Professionals are entirely responsible for any healthcare and/or medical services they may provide through the use of the platform in case they enter a clinical relationship with their clients.
The Kara Connect platform itself provides no medical, surgical or healthcare advice, care, diagnosis or treatment. The content of Kara Connect’s services is not and should not be considered practice of medicine, the provision of medical care, medical advice or a substitute for medical advice (including clinical therapy advice), diagnosis or treatment. Information obtained through the use of the Services must not be used to disregard, avoid or delay obtaining medical advice (including clinical therapy advice) from a qualified healthcare provider.
Use by Users of any information received through the Services is solely at their own risk. Any questions regarding a medical condition or for diagnosis and treatment must be brought directly to a qualified healthcare provider.
The User acknowledges that coaching services and other related services may be provided by persons without a medical license.
Treatment provided through the Platform is not intended to replace traditional and/or conventional practice of healthcare, or to replace a physician’s independent judgement, but rather to complement traditional treatment. No healthcare services that would require an in-person meeting or physical examination of a patient may be performed through the Platform virtually. The foregoing shall not prevent Professionals from using the Platform to manage bookings of in-person appointments. It is the Professional’s responsibility to advise and recommend face-to-face professional help from a qualified medical professional, if applicable.
Always consult a medical doctor about medical conditions. If symptoms persist or an ailment is severe, you should immediately consult a medical doctor near you.
The Service cannot be used for emergency medical needs. In case you experience a medical emergency, including but not limited to suicidal thoughts, local emergency services must be called.
The content of, and information provided in connection with, the Services are for informational purposes only and should not be construed as professional advice. No action should be taken based solely upon any information contained in the Services. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
13. INDEPENDENCE OF PROFESSIONALS
Professionals providing their services to Users through the platform are independent contractors and are not employed by Kara Connect or any of its affiliates. No agreement between Kara Connect and Professionals create any partnership, joint venture, agency, franchise, representation or an employment relationship in any way. Professionals are not authorised to make or accept any offers or make any representations on Kara Connect’s behalf.
Any relationship between a Professional and User is established separately and directly with the professional. Kara Connect is not a party to any such relationships and each professional is solely responsible for any opinion or advice users may receive through access to and use of the Services.
Any opinions or claims expressed by a Professional in connection with the Services are not those of Kara Connect, Kara Connect cannot be held responsible for them and they cannot be used in any legal dispute against Kara Connect.
16. TERMINATION
Both Kara Connect and user can terminate this Agreement at any time. You terminate this Agreement by deleting your account and cease using the Services. Be aware that in the event of termination, you will still be liable to pay any outstanding payments.
If you breach this Agreement in any way, such as by failing to pay outstanding invoices, Kara Connect may take any action as deemed appropriate to respond to such breach, including by suspending or terminating your access to the Services with immediate effect by any means necessary and/or initiate legal proceedings.
Once the Wellbeing Hub agreement between an employer and Kara Connect is no longer in effect, an employee can not book any sessions through the Wellbeing Hub. The cost for any future sessions which had been booked by an employee through the Wellbeing Hub, but which are to be performed after the suspension of the Wellbeing Hub agreement, can not be covered by employer credits. Such sessions must be paid for directly by the employee in accordance with the Professional’s terms, as applicable in each case.
17. SEVERABILITY
To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect.
Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
18. JURISDICTION AND CHOICE OF LAW
Disputes arising out of or in connection with this Agreement shall be brought to the District Court of Reykjavík, Iceland.
This Agreement is subject to and governed by the laws of Iceland.
19. NOTICES AND CONTACT
If you have any questions or comments about Kara, the Services or this Agreement, please contact us via e-mail at support@karaconnect.com
This agreement was last updated on 29th February 2024.
At Kara, one of our main priorities is the privacy of our users and the protection of their personal data.
Kara is a data controller regarding personal data that is necessary to access and use the Services, personal data collected through the provision of technical support, i.e. by using Kara’s chat box function, and information collected when you visit our website or interact with us on social media.
Contact information
If you have any questions about Kara’s collection, registration or storage of your personal data, or to the processing in general, or if you want to exercise your rights, please contact us by the information given below.
Kara Connect ehf.
Skipholt 25
105 Reykjavik
Iceland
Telephone: +354 433 8765
E-mail: kara@karaconnect.com
Categories of personal data, purpose and legal basis
Kara only collects and processes the personal data that is necessary to provide the Service for you and to make the website and related applications function, and we only process your data as set forth in this Privacy Policy. Below you can read more about what data we process, including the purpose and legal basis for the processing.
Professionals subscribing to the Service
Kara offers professionals a subscription service, through which professionals provide services online to their clients. This section is therefore relevant only to professionals.
In order to register your subscription to the Service, Kara processes contact information about you, including full name, SSN, e-mail address, home or office address and phone number. Kara needs this information to create a user account for you to identify you as a user and to be able to contact you if necessary, in relation to the Service.
Kara Connect also processes financial information about you, such as credit card information, for the purpose of processing payments for the subscription service.
The legal basis for the processing of your personal data for the registration to the Services and processing of payments is Art. 6(1)b of the GDPR, according to which personal data can be processed if it is necessary for the performance of a contract.
In some cases, Kara may also request and process information about your professional qualifications, such as professional licenses and registration to relevant professional associations, if applicable. The purpose of this processing is to ensure the accuracy and quality of the professional services provided through the platform.
The legal basis for the processing of professional qualifications is your consent, according to Article 6(1)a of the GDPR. Consent can be withdrawn any time by contacting Kara through the information provided above.
Clients of professionals through the service
This section is relevant to end-users, who access the Services through the Wellbeing Hub or as clients of professionals.
Regarding you as an end-user user who is a (potential) client, Kara Connect only collects and processes your full name, e-mail address and phone number. The purpose of the processing is to create a user account for you in order to identify you in order to enable access to the Services.
The legal basis for the processing of the above personal data for this purpose is Art. 6(1) b of the GDPR, according to which personal data can be processed if it is necessary for the performance of a contract to which the data subject is party.
In certain cases, if Single Sign on is required and enabled, your employer may have access to information about which end-users have accessed the Services through the Wellbeing Hub. Such information is however limited to the e-mail address used for authentication and no information is accessible regarding the Services you obtain through the Wellbeing Hub. For further information in this regard, please contact you employer.
Support
When using the Service’s customer support function, Kara processes personal data about you. The purpose of the processing is to identify you, contact you and be able to assist you with any problems you may have in your encounter with the Service.
When you use the support function, we process your name, address, e-mail address and phone number. Furthermore, we process the data you may write in the support function.
The legal basis for the processing of data is your consent, cf. Article 6(1)a, of the GDPR. You can always withdraw your consent by contacting Kara by the contact information given above.
Our website
When visiting Kara’s website, Kara collects and processes your personal data with “cookies”, in order to ensure the proper function of the website. The cookies are also used for statistical and marketing purposes, among others to optimize our website and for marketing purposes. In Kara’s Cookie Policy you can read more about our use of cookies, how to delete them etc. By using cookies, Kara processes statistical data, marketing data, user preferences and authentication. Besides cookies, Kara process log files on visitors of the website, no matter if you accept cookies or not. The personal data collected by log files includes your IP-address, browser type, Internet Service Provider (ISP), a date and time stamp, referring/exit pages, and possibly the number of clicks you use on our website. The purpose is to analyze trends, administering the website, track users’ movement on the website and gather demographic information.
The legal basis for the processes is your consent and Kara’s legitimate interest in generating statistics and through that analyse the use of our website in order to be able to optimize the website and Service etc., cf. . Art. 6(1)a and Art. 6(1)f of the GDPR.
Social media
Kara is active on Social Media, such as Facebook and Linkedin, and when you interact with Kara on such Platforms, you make data available to us and to the Social Media company, for example when you react to our posts, comment on them or share them. We also process your data when you like our page or follow us. Furthermore, your common profile information is processed, e.g. information about your identification, contact information, your profile picture etc. The purpose of the processing is branding and marketing of Kara.
The legal basis for the processing is Kara’s legitimate interest in the marketing of Kara on social medias, cf. Art. 6(1)f of the GDPR.
Sources of information
Kara primarily collects personal data directly from you as a user of the Service, visitor to the website, user of our support function, or user on Facebook that interacts with Kara. Additionally, we collect information from professionals, or a contact person related to you.
Disclosure and transfer of your personal data
Your personal data is not subject to any disclosures. Disclosure to a third party may only happen if Kara is obliged to by law or if requested by public authorities, or if you give us your consent to a disclosure. You can always withdraw your consent.
Kara uses data processors to whom we make data available, they only process your personal data in accordance with the agreed data processing agreements between Kara and the data processor, and only on documented instructions. The data processors are not allowed to use the data for their own purposes.
Kara transfers data outside EU/EEA when you use our Service but only to Kara’s data processors, on the basis of standard contractual clauses and appropriate safeguards in each case, in accordance with Article 46(3)a of the GDPR. Below you can find an overview of when data is transferred to data processors outside EU/EEA.
|
Function that leads to a transfer |
Data processor |
Country |
Legal basis |
|
Support function |
Intercom |
USA |
SCC signed |
|
Sending out text messages |
Twilio |
USA |
SCC (default) |
|
Sending out emails |
Postmark |
USA |
SCC signed |
Please note that if you or another user/professional accesses the Service from a country outside the EU/EEA, the data is made available to a third country, even when the personal data is stored within the EU/EEA. The legal basis for this transfer is based on Article 49(1)b and c in the GDPR.
By contacting Kara, we can refer to you where you can find a copy of the legal basis for the transfer in concern.
Confidentiality
All of Kara’s employees and sub-contractors are subject to full confidentiality regarding the processing of personal data.
Period of retainment of personal data
Kara processes your personal data only for as long as it is necessary to fulfil the purpose of the processing.
Subscribing to the Service
Regarding your account on Kara’s Services, Kara will process your personal data for up to 2 months after you have deleted your account. Furthermore, Kara will delete your account and stop the processing of your data if you are inactive for 2 years. We will send you reminders before closing your account.
Support
The information used for identification and communication, and the information you provide while using the support function, will be deleted no later than 2 months after your use of the function.
Our website
For the deletion of cookies, please refer to our Cookie Policy.
Rights
As a data subject you have a variety of rights in pursuance of the GDPR and Data Protection Law when your personal data is processed by others. Below we have described your rights in relation to Kara’s processing of your data.
If you want to make use of your rights, please contact us by the contact information stated above. If you contact us, we ask you to provide to us your full name and e-mail address. You may be asked to further identify yourself.
Generally, you can always make use of your rights. Though, the exercise of your rights must not affect the rights and freedoms of others, therefore Kara can refuse to exercise your rights wholly or in part, if this is the case.
The right to access your personal data
At any time, you have the right to obtain from Kara information on what data we process about you and how. You also have the right to access your personal data and information about the processing, e.g. the purposes of the processing, categories of personal data processed, recipients of personal data etc. You have the right to request and receive a copy of the personal data Kara processes. If you ask for additional copies of the information, Kara may charge you a reasonable fee for this. If a request is manifestly unfounded or excessive Kara may either charge a reasonable fee or refuse to act on the request.
The right to rectification
You have the right to have Kara rectify inaccurate personal data concerning you, just as you have the right to have incomplete data completed.
The right to erasure
In certain situations, you have the right to have the personal data that Kara process about you erased. For example, where Kara’s processing of the data is no longer necessary in relation to the purposes for which they were collected or otherwise processed or if you withdraw your consent to the processing, in cases where the legal basis for the processing is consent.
Please be aware that Kara is not always obliged to delete this data and may be required to retain it to fulfil other obligations, but Kara will review each request for erasure on a case-by-case basis.
The right to restriction of processing
In certain situations, you have the right to have the processing of your personal data limited or restricted.
The right to object
You have the right, for reasons pertaining to your particular situation, to object to Kara’s processing of your personal data if the processing is based on legitimate interests, cf. Article 6(1)f of the GDPR.
If you object to Kara’s processing of your personal data, we will no longer be entitled to process your personal data unless Kara can demonstrate significant legitimate reasons for continued processing that precede your interests, rights of freedom, or the processing is necessary for a legal claim to be established, claimed or defended.
Furthermore, you always have the right to object to the processing of your personal data if the treatment is for direct marketing purposes.
The right to data portability
When Kara’s processing of your personal data is necessary to fulfill a contract with you, cf. Article 6(1)b of the GDPR, or if our processing is based on your consent, you have the right to receive your personal data in a structured, commonly used and machine-readable format, and transmit that data to another data controller.
Complaint to a supervisory authority
If you have any complaints about Kara’s processing of your personal data, you are always welcome to contact us by the contact information at the top of this Privacy Policy.
Additionally, you can always complain to the supervisory authority of Iceland, the Icelandic Data Protection Agency, on their website https://www.personuvernd.is/, by telephone (+354) 510 9600, or by e-mail to postur@personuvernd.is.
Changes to this Privacy Policy
This Privacy Policy will be updated continuously so that it is always up-to-date. Below you can always see when the Privacy Policy was last updated.
February 2024.
Cookie policy for Kara Connect
This Cookie Policy explains what cookies are and how Kara Connect uses them. We use cookies on our website in order to improve our service and online experience. Kara Connect also uses cookies to analyse usage of the Kara Connect website.
At your first visit on our website you will be asked to accept that we place cookies on your device. Your continuous use of our website equals your acceptance. You can always opt out of our use of cookies by blocking and deleting them in your browser. You can read more about this below.
About cookies
A cookie is a small text file that is stored on your device. The cookies Kara Connect places on your device are used to store information including your preferences, and the pages on the website that you have accessed or visited. The information is used to optimise your experience by customising our web page content based on your browser type and/or other information. Some of these cookies are necessary for the full functionality of the web pages and for you to use all of the pages available. Some of the cookies analyse usage of Kara Connect and monitor user behaviour.
Cookies used by Kara Connect
Detailed description of cookies that Kara Connect uses can be found here.
Opt out or delete cookies
You have the right to decide whether you want to accept cookies or not. If you do not want to accept cookies you can always turn them off by editing your browser settings or changing how your browser uses cookies. Browser setup instructions can be found by visiting the help page of the browser you are using. Here you find a link to the instructions for setting cookies on some common browsers.
Please note that it may affect the performance of the website if you opt out or delete cookies and that it may prevent you from visiting certain sections of the website.
Contact information
In case you have any questions regarding our Cookie Policy, please contact us at kara@karaconnect.com.
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