Konfidens Terms of Use

Effective Date: Dec. 12, 2023

Welcome to Mindcare AS's digital practice management solution for mental health care practitioners, Konfidens. Our goal is to enhance the daily work and treatment efficiency of mental health care practitioners.

Before you proceed to use our service, please carefully read and understand the following Terms of Use ("Terms"). By accessing or using Konfidens, you agree to comply with these Terms, and your use of the service is conditioned upon your acceptance of and compliance with these Terms. If you do not agree with these Terms, please refrain from using Konfidens.

1. Acceptance of Terms

By accessing, browsing, or using Konfidens, you acknowledge that you have read, understood, and agreed to these Terms and our Privacy Policy. You agree to be legally bound by these Terms, whether you are a registered user or simply a visitor.

2. Registration and Account Security

To access certain features of Konfidens, you may be required to register for an account. You must provide accurate, current, and complete information during the registration process.
You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You are responsible for all activities that occur under your account.
You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
You must not use anyone else's account without their permission.

3. Use of Konfidens

Eligibility: To register a provider account with Konfidens, you must possess professional therapist qualifications. By using the service, you confirm and guarantee that you meet the necessary professional therapist requirements.
License: Mindcare AS grants you a limited, non-exclusive, non-transferable, and revocable license to use Konfidens solely for your professional use as a mental health care practitioner. You may not sublicense, distribute, modify, or create derivative works based on Konfidens.
User Content: You are solely responsible for any content you submit, upload, or display on Konfidens. You agree that any user-generated content complies with applicable laws and regulations and does not infringe on the rights of third parties.
Prohibited Activities: You agree not to:
- Use Konfidens for any unlawful or fraudulent purposes.
- Interfere with or disrupt the integrity or performance of Konfidens.
- Attempt to gain unauthorized access to any part of Konfidens or its related systems or networks.
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of Konfidens.
Data Security: You agree to protect the privacy and confidentiality of any patient or client information you input into Konfidens, ensuring compliance with all applicable data protection laws and regulations.

4. Disclaimer of Warranties

Konfidens is provided "as is" and "as available" without warranties of any kind, either express or implied. Mindcare AS makes no representations or warranties regarding the accuracy, completeness, or reliability of the service.

5. Pricing and Price Changes

Subscription Plans
Konfidens offers various subscription plans to cater to the diverse needs of our users. The plans have a monthly subscription fee per practitioner. The pricing details for each plan can be found on our website or within the application. By subscribing to any of our plans, you agree to abide by the terms and conditions outlined in this policy.

Some features may have additional charges and must be activated by a clinic administrator before other users can use them. These features include but are not limited to:
1. SMS: If you opt-in to client communication via SMS, you're charged a fee per SMS sent to the client. You can find current prices on the website and in your clinic settings.
2. Video Calls: If you opt-in to using video call sessions, you are charged per session, up to a maximum amount per calendar month. You can find current prices on the website and in your clinic settings.
3. Payment Service If you opt-in to using Konfidens' payment solution, a transaction fee will be deducted from the client's payment before the amount is transferred to your clinic/practice. You can find current prices on the website and in your clinic settings. This page will be updated with more details about Konfidens' payment solution before it is launched.
  When using Konfidens' payment solution, Konfidens is responsible for the security of any cardholder data transmitted and processed using the service.
Billing Cycle
Users will be billed according to the billing cycle they have selected during the subscription process. The specific billing dates for each user will depend on their subscription start date.
Payment Methods
When you subscribe to a paid version of Konfidens, you consent to pay applicable fees using the payment methods made available by Konfidens at any given time.
Price Changes
Konfidens reserves the right to change the pricing of its subscription plans and features at any time. However, we are committed to providing our users with notice of any price changes. Users will be notified of any upcoming price changes via email or through the application at least 30 days before the changes take effect.
Grandfathered Pricing
If you are on an annual subscription plan, the price you pay at the time of subscription will remain unchanged for the duration of that annual subscription. This is subject to the terms and conditions of your subscription, including payment of the annual subscription fee.
Promotional Pricing
Konfidens may offer promotional pricing for new users or for a limited time. Such promotions are subject to change or termination at Konfidens' discretion.
Taxes
All prices displayed on the Konfidens website and within the application are exclusive of any applicable taxes. Users are responsible for paying any applicable taxes associated with their use of the service. Mindcare AS will collect and remit applicable taxes as required by law.
Refunds
Konfidens does not offer refunds for subscription fees. If you choose to cancel your subscription, you will not be eligible for a refund for any unused portion of your subscription.
Trial Periods
Konfidens may offer trial periods to new users. The terms of any trial period will be clearly stated during the sign-up process. At the end of the trial period, you will be automatically billed for the subscription plan you selected unless you cancel your subscription before the trial period expires.
Termination for Non-Payment
Failure to pay subscription fees in a timely manner may result in the suspension or termination of your Konfidens account. Konfidens will make reasonable efforts to notify you of any payment issues before taking such action.

By using Konfidens, you acknowledge that you have read, understood, and agreed to the pricing and price change terms outlined in this section. It is your responsibility to review these terms periodically for any updates or changes. If you do not agree with these terms, please discontinue your use of Konfidens.

6. Termination

Termination by You: You may terminate your Konfidens account at any time by following the account termination process provided within the service or send an email to hello@konfidens.com.
Termination by Mindcare AS: Mindcare AS reserves the right to terminate or suspend your access to Konfidens at any time, without notice, for any reason, including but not limited to violation of these Terms.
Effect of Termination: Upon termination of your account, your access to Konfidens will cease, and any data associated with your account may be deleted, subject to ourdata retention policies. Sections of these Terms that by their nature should survive termination (such as Intellectual Property, Dispute Resolution, and Governing Law) will continue to apply.

7. Intellectual Property

Ownership: All content and materials provided through Konfidens, including but not limited to text, graphics, logos, images, software, and any other intellectual property, are the property of Mindcare AS or its licensors and are protected by intellectual property laws.
Use of Intellectual Property: Mindcare AS grants you a limited, non-exclusive, non-transferable license to use the intellectual property provided through Konfidens solely for the purpose of using the service. You may not reproduce, distribute, modify, or create derivative works from our intellectual property without explicit written permission.

8. Limitation of Liability

Mindcare AS shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of your use or inability to use Konfidens.

9. Changes to Terms

Mindcare AS may update these Terms at any time without prior notice. We will post the revised Terms on this page, and the date of the latest revision will be indicated at the top of this document. Your continued use of Konfidens after the revised Terms become effective constitutes your acceptance of the changes.

Upon updating these Terms, Mindcare AS will notify registered users through their registered email address.

10. Consumer Protection Laws

If you are a paying customer, your purchases are governed by Norwegian consumer protection laws. These laws are based on the EU Consumer Rights Directive (2011/83) and the E-Commerce Directive (2000/31).
For more information on your legal rights as a consumer in Norway, please refer to applicable regulations such as:

Contact the Norwegian Consumer Authority if you would like to learn more about your rights and obligations when using Konfidens.

11. Dispute Resolution and Governing Law

Governing Law: These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of Norway.
Jurisdiction: Any legal action or proceeding arising under or in connection with these Terms shall be brought exclusively in the courts located in Oslo, Norway, and you consent to the personal jurisdiction of such courts.
Alternative Dispute Resolution: Before initiating any formal legal proceedings, you and Mindcare AS agree to make reasonable efforts to resolve any disputes or claims informally through good-faith negotiations or alternative dispute resolution methods, such as mediation.

12. Contact Information

If you have any questions or concerns about these Terms or Konfidens, please contact us at hello@konfidens.com.

By using Konfidens, you affirm that you have read, understood, and agreed to these Terms of Use, and you consent to the collection and use of your information as described in our Privacy Policy.