Entire Agreement: This Agreement, together with the dala.care Service Agreement, outline the entire understanding between you and us relating to the dala.care Platform.

dala.care: dala.care is owned and operated by Gangverk ehf. The contact details for Gangverk are listed at bottom of this document.

Force Majeure: Performance of the Service may be subject to delay and interruption due to causes beyond our control, such as acts of God, power failure, acts of terrorism, epidemics, pandemics, natural disasters such as earthquakes and fires, equipment failure, and the like.

Disclaimer of Warranties: The Service and all materials, information, software, facilities, services, are provided “as is” and without express warranties or promises of any kind. In the absence of any negligence or other breach of duty by us, your use of the Service is entirely at your own risk. In particular, we do not expressly promise that the functions contained in the Service will be available, uninterrupted or error-free, that defects will be corrected or that the Service or the servers that may be used to make the Service available are free of viruses or other harmful components. We do not promise or make any representations regarding the use of the results of the use of the material, information, software, facilities, services and content in the Service, or any external websites linked to the Service in terms of their correctness, accuracy, reliability or otherwise. We make no promises that your use of the software, facilities, service and content in the Service, or any other content on any website will not infringe the rights of others, and assume no liability or responsibility for errors or omissions in such materials, information, software, facilities, services or content of the Service, or any other website or content. This paragraph does not affect your statutory rights, including without limitation your ability to rely on implied warranties permitted to you by law.

Limitations of Liability: We will only be required to compensate you for any loss or damage you may suffer in connection with the Service if: (a) we fail to carry out any of our obligations under this Agreement to a reasonable standard or if we breach any duties imposed on us by law (including if we cause death or personal injury by our negligence); and (b) such failure is not attributable to: (i) your own fault; (ii) a third party unconnected with our performance of this Agreement (e.g. problems due to your network provider or the performance of your access equipment); or (iii) any other events which neither we nor our suppliers could have foreseen or prevented even if we or they had taken reasonable care. To the extent permitted by law, our maximum aggregate liability in respect of the Services is limited to the subscription fees charged during the 12-month period preceding the date of the claim giving rise to the liability. Our liability shall not in any event include liability for consequential or indirect loss, loss of revenue or profits, loss of business opportunities, loss from business interruptions, loss of anticipated savings, damage to reputation, or loss of data, even if such liability is fairly and reasonably considered to arise naturally (according to the usual course of things) from the fact, matter or circumstances giving rise to the relevant claim. Contact us regarding any problems you have as soon as reasonably practicable. Claims may be reduced or rejected if you delay unreasonably or if we have not been given an opportunity to put matters right. Nothing in these Terms seeks to limit or exclude our liability for death or personal injury caused by our negligence © dala.care 2022 | Version 4.1 - 29 Sep 2022 support@dala.care (including that of our employees, agents, suppliers or subcontractors); or for fraud or fraudulent misrepresentation.

Assignment: We may transfer our rights and obligations under the Agreement to another organization without consent. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

Severability: If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

No Waiver: Even if we delay in enforcing the Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you later. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.

Limits on Your Use of the Service: You will use the Service only in compliance with dala.care’s terms and conditions of use and all applicable laws and regulations. You hereby agree to indemnify and hold harmless dala.care against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from your use of Services. dala.care shall not be held liable for any breach of security that results from improper use of their services by you, improper management of user passwords by you, or a hacker/third party circumventing dala.care’s industry-standard security practices.

You are only granted a limited right to access the Service in accordance with this Agreement. All title to, ownership of and all copyright and other proprietary rights in the Service shall at all times remain vested in dala.care. Your use of the Service does not give you any ownership rights in any part of the Service. In addition, you agree you may not rent, lease, lend, sell, redistribute or sublicense the dala.care Software or Service. You may not copy, decompile, reverse engineer, decompile, disassemble or attempt to derive the source code or object code, modify, or create derivative works of the dala.care Software and application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the dala.care Software). Any attempt to do so is a violation of the rights of dala.care, in violation of this Agreement and may be subject to prosecution and damages. Personal Use of the Service: You also agree that the Service is provided for your own use. You also agree that you will not share your password to, or any printed portions of, the Service with any other person. The rights being granted to you are personal in nature to you and may not be shared with, transferred or otherwise assigned to anyone else. This clause refers to the nature of using dala.care as an end-user. Unauthorized Use of Your Account: You agree to promptly notify dala.care of any known or suspected unauthorized use(s) of your account for the Service, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. Such notification should be sent via email to support@dala.carehealth.com. dala.care shall not be liable for any loss or damage resulting from your failure to safeguard your password and account. Enforcement of These Terms Except as described in this paragraph: Any other use of the Service violates the terms and conditions of this Agreement for the Service and is strictly prohibited. We will pursue our legal and other rights against violators to the full extent permitted under applicable laws and regulations. In addition, you agree that dala.care has the right, without liability to you, to disclose any User Data and/or account information to competent law enforcement authorities, government officials, and/or a third party, as dala.care believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to dala.care’s right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/ or infringes such third party’s rights). Your acceptance of the Agreement will operate as an agreement made under, and will be governed by, the laws of Iceland. You and dala.care submit to the non-exclusive jurisdiction of the Icelandic courts. Other applicable laws, dala.care policies and other documentation may apply to your use of the Platform and the Services, depending on the country in which you reside or are domiciled, as advised to you from time to time by dala.care. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. dala.care has the discretion to amend the Agreement at any time, on the basis that any material change to the Agreement will be notified to users (by way of email notification or through a notification posted on the Platform) at least 1 week before it is effective. By continuing to use the service you agree to these new changes. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you, the customer, do not have any authority of any kind to bind dala.care in any respect whatsoever. Any notice you send to dala.care must be sent to support@dala.care. Any notices we send to you will be sent to the email address you’ve provided us through your Subscription. Terms and Conditions are subject to change at any time.

Dispute Resolution: We encourage you to contact us regarding any problems you encounter as promptly as possible. In the event of any question, dispute or difference (Dispute) arising, no party may commence legal proceedings relating to that Dispute without the prior written consent of the other party, unless that party has first complied with the rest of this section.

If a Dispute arises, the party initiating the Dispute must provide written notice of the Dispute to the other party, and both parties should promptly meet and engage in good faith negotiations to settle the Dispute.

If the Dispute is not resolved through these good faith negotiations, the parties must explore whether the Dispute can be resolved using informal dispute resolution techniques, such as mediation or independent expert appraisal. The rules governing any such technique may be agreed upon between the parties or, in the event that the parties cannot agree, as recommended by the Iceland Law Society.

If the Dispute is not resolved by agreement within 30 days of the initial written notice of the Dispute (or any further period agreed upon in writing between the parties), any party may refer the Dispute to the courts of Iceland.

Please note, nothing in this clause prevents a party from immediately seeking an urgent injunction from an appropriate Icelandic court.