Terms and conditions
Version 1 - 22 Mar 2023
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As our 'Customer', 'User', or 'You', this means you're either the person using our service or the one who signed up for it. If you're using dala.care because your employer has subscribed, keep in mind that you're still held to this agreement's terms and conditions. So, this agreement really is for everyone - whether you're using our service yourself or you're part of an organization offering it to employees.
Definition of the Service
dala.care encompasses both our 'Team' application and the mobile 'App'. As a user, you gain access to these applications and all their current services, including scheduling, user management, communication services, and our care graph, among others. Additionally, any new services that we introduce in the future will also be accessible to you. To avail these services, you are required to create a verified dala.care account.
While you have the privilege to use our platform, the ownership remains with dala.care and our suppliers. Hence, we retain all rights that we haven't specifically assigned to you in this agreement.
We continually aim to enhance the platform and may introduce updates periodically. However, these updates may not always encompass all the existing software features or include new ones that we release for updated browser versions or other devices. Rest assured, this agreement will govern any software updates provided by dala.care that replace or supplement the original dala.care platform you initially signed up for."
When you set up your dala.care account, you're agreeing to be bound by the terms outlined in this agreement. This includes accepting the dala.care Terms and Conditions of Use and understanding the related policies. Essentially, you're entering into a legally binding contract with us. If you're not comfortable with these terms, please refrain from accessing our platform or using the services we provide. For any queries or concerns about this agreement, don't hesitate to get in touch with us at firstname.lastname@example.org.
Subscriptions and Pricing
While dala.care is free for limited use, the extent of this complimentary offering may vary over time based on our discretion. For full access to our platform, we offer a monthly subscription service. If you decide to subscribe, we'll clearly state what the subscription entails before your purchase. Our specific pricing structure is outlined per customer in a separate Service Agreement. This agreement is set to automatically renew at the end of each service term unless we receive a written notice of cancellation from you at least 30 days prior to the end of the current term.
Please note that our subscription fees are subject to change. We promise to notify you at least 14 days before any changes in fees are implemented. If the updated fees are not to your liking, you're welcome to cancel your subscription as detailed below.
Provision of Service
In very limited circumstances, we may find it necessary to suspend our Service, either in full or in part. Reasons for this could include resolving technical issues, rolling out new software versions, making minor technical changes, or updating our Service to remain compliant with legal changes, the needs of copyright holders, or other regulatory requirements.
We will always do our best to notify you about any planned maintenance whenever possible, but please understand that we can't provide a guaranteed heads-up for this. However, we're fully committed to ensuring a seamless service and providing you with robust support.
It's important to note that failure to adhere to our Agreement could lead to a suspension or even termination of your Subscription. We always value our relationship with our user community and we will be reasonable and measured when considering any breaches.
As a dala.care user, you're responsible for obtaining and maintaining all the equipment and services needed to connect, access, or use our Service. This 'Equipment' includes modems, hardware, servers, software, operating systems, networking, web servers, and so on. It's also up to you to ensure the security of your Equipment and observe best security practices, like regularly updating passwords and managing device access.
Should you encounter any issues with the Platform, please don't hesitate to contact us at email@example.com.
Your access to our Service commences immediately once you activate your account by submitting your details and agreeing to our Terms and Conditions of Use.
You can decide to cancel your user account at any time. If you choose to do this, you'll still be able to use dala.care until the end of your current billing period. After this, your account will be downgraded to a free dala.care account.
Please note that our platform operates on a pay-as-you-go model, where charges are based on your usage and billed at the end of each month.
Data Processing Agreement
dala.care grants you access to our platform contingent on your agreement and compliance with the provisions set forth in our Data Processing Agreement. All data you upload to the dala.care platform, including but not limited to User Generated Data (which may encompass patient information), is processed in accordance with this Data Processing Agreement established between you, the user, and dala.care. If you haven't yet reviewed our Data Processing Agreement, we recommend doing so now.
By registering with our Service, you agree to provide accurate, up-to-date, and complete information required for registration and at other times as necessary while using the Service ("User Data"). You also commit to keeping your User and Billing Data updated to maintain its accuracy, relevance, and completeness. Any false, inaccurate, or incomplete information could result in termination of your rights to any or all of the Service. Your Registration and Payment Data, which dala.care may store and use for account maintenance and billing purposes, is managed under these conditions.
To provide dala.care services, we might need to use some of your personal information. Your use of dala.care signifies your agreement to the collection and use of information in line with this policy. While using our service, we may request you to provide us with certain personally identifiable information that can be used to contact or identify you. However, you retain the option to decline the use of your data, which might result in a less optimal experience with our platform.
The personally identifiable information we may collect includes, but is not limited to your name, position, phone number, email, photo ("Personal Information"), professional registration numbers, and identity documents. This information is solely used to facilitate the provision of dala.care services.
All dala.care information is stored in an encrypted state. dala.care information is only accessible to dala.care users that have the authorization to view that information and is logged accordingly.
Like many applications, dala.care collects information ("Log Data") whenever you access our service. This can include your Internet Protocol (“IP”) address, the time and date of your visit, time spent using the application, and other statistics. Third-party services, may be used to collect, monitor, and analyze this data.
All information transmitted or uploaded onto dala.care platforms remains your property, including but not limited to care recipient information. Your data is safeguarded by dala.care, and we uphold your right to manage and control access to your data, excluding instances of legal request or court order. Our leading security measures ensure that all data is protected, with any access to customer data by dala.care and/or its contractors audited and solely permitted for the provision of dala.care services.
In relation to HIPAA, our platform allows users to Use (share within their healthcare organization) or Disclose (share with another healthcare organization) patient data in compliance with US HIPAA Regulations. We store all third-party client data as specified in our Data Processing Agreement, utilizing industry-standard security testing and best practice business processes to protect customer data.
Despite our best efforts, no data transmission over the Internet or other networks, including our services, can be guaranteed 100% secure. Your acceptance of dala.care services acknowledges this. In the unlikely event of a security incident, we will notify our customers if their data has been accessed by or disclosed to an unauthorized party.
Information and content that you access through the Services may be protected by the intellectual property rights of others. Therefore, you must not copy, upload, download, or share any information or content unless you have the right to do so. You, and not dala.care, will be held fully responsible and liable for any copying, sharing, uploading, downloading, or any other use of content while using the Services. Any use of the Services to upload spyware or any other malicious software or to spam others is strictly prohibited.
The graphics, logos, page headers, button icons, scripts, and service names appearing on the dala.care Site are protected trademarks, trade dress, or other rights of dala.care and must not be used in connection with any other product or service in a way that is likely to cause confusion among customers, or in any manner that disparages or discredits dala.care or the other owners of the rights.
By using the dala.care service, you grant dala.care the right to use your customer logo(s) on dala.care marketing material, including websites and brochures, unless you, as a customer, explicitly advise otherwise.
We constantly strive to keep the Service innovative and dynamic and, as such, may amend, withdraw, or remove features of the Service at any time, without prior notice to you. You acknowledge that, as between you and dala.care, dala.care owns and retains all right, title, and interest in the Intellectual Property Rights in the Services, while you own and retain all right, title, and interest in the Intellectual Property Rights in Your Data.
"Intellectual Property Rights" refer to any and all intellectual and industrial property rights throughout the world, existing or future, registered or unregistered, and include rights in respect of or in connection with confidential information, copyrights, moral rights, inventions, trademarks and trade names, service marks, trade secret rights, patents, designs, algorithms, utility models, and other industrial property rights, including all improvements thereto, and all registrations, applications, renewals, extensions, continuations, divisions, or reissues now or in the future.
It is important to note that you, and not dala.care, are responsible for maintaining and protecting all of Your Data. dala.care will not be held liable for any loss or corruption of Your Data, or for any costs or expenses associated with backing up or restoring any of Your Data.
Termination of Your Right to Use the Service
dala.care reserves the right to terminate your use of the Service if you breach this Agreement. In the event of termination for any reason, your right to use the Service, along with all associated rights, will be revoked immediately. You will no longer have access to the Service and will have no further rights to use it. Termination of your right to use the Service does not absolve you of any obligations arising or accruing prior to the termination, nor does it limit any liability that you otherwise may have to dala.care. Please note, in the event of termination, you will not be entitled to any refund.
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 firstname.lastname@example.org (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 email@example.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 firstname.lastname@example.org. 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.
dala.care - Gangverk ehf