Terms and Conditions 2018

Version: May 25th 2018

1. Agreement

1.1 These terms of services apply to the use of Karify.

1.2 Accepting these terms of service results in a legal agreement between Karify B.V. and the user (“user”). The user is the person that registers for Karify and agrees to the Karify’s terms of service. The user has the role of user-recipient or user/provider. User can be a natural individual or a legal entity.

1.3 A user-recipient is a person using Karify to improve his/her healthcare of well-being.

1.4 A user/provider is a professional that uses Karify from a healthcare service company, practice or organisation, to deliver services to care/recipients. A user-provider deliver their services in compliance to their organization’s agreement with Karify.


2. Use of Karify for care-recipients

2.1 Using Karify is free of charge for user-recipients. As a user-recipient you will get a Karify account with the possibility of accessing the Healthspaces that are associated with Karify, a personal health record and various communication features.

2.2 Karify can be offered free of charge because care providers pay for the use of this service.


3. Data and personal data

3.1 Data entered by the user-recipient remain in ownership of the user-recipient. Karify B.V. does not check or verify the data entered by the user.

3.2 Personal data are processed by Karify in compliance with Karify’s Privacy statement (https://www.karify.com/privacy-cookie-policy/). In the case that Karify acts as data processor, Karify and user provider sign a separate Data Processor Agreement, in which the processing of data by Karify as commissioned by the care provider is described.

3.3 User shall indemnify Karify B.V. from all privacy infringement claims.

3.4 User is and will remain responsible for the completeness of the data in their record. Karify advises users/providers to store (a copy of) the entered data in their own information system.

3.5 Karify B.V. is entitled to analyse aggregated data entered in Karify and Karify’s Healthspaces for statistical purposes.


4. Security

4.1 Karify B.V. shall handle data entered by users highly confidential. Data entered by users are automatically encrypted and are only accessible for Karify with explicit permission or with urgent reasons. Karify’s data centers are certified ISO 27001, ISO 27002 and NEN-7510.

4.2 In case of an infringement or unpermitted access of user’s Karify data, Karify B.V. will promptly inform the user/provider. Karify B.V. will take measures to mitigate the infringement or unpermitted access, of which the user will be informed.

4.3 User will inform Karify B.V. promptly of any infringement or unpermitted access to Karify data that user is aware of.

4.4 Karify B.V. is at all times allowed to take appropriate measures on in the case of inappropriate use of the service or suspicion thereof. Such measures may consist of (temporarily) limiting access to Karify or (temporarily) limiting functionality of Karify.


5. Availabilty and support

5.1 Karify B.V. strives for a high level of availability. Karify B.V. shall endeavour to repair malfunctions in Karify. This could cause Karify to change. Karify B.V does not guarantee Karify will work without outage or malfunction, and that outages and malfunctions will be mitigated.

5.2 User can direct questions or remarks regarding Karify to the Karify’s helpdesk via support@karify.com and/of the supportpages on the website. Access to the helpdesk is on Dutch business days between 09.00 and 17:00 Dutch time.


6. Use of Karify (General)

6.1 Karify allows user the right to use Karify in compliance with these terms of service. A user-provider has a supplemental agreement regarding a subscription. In complement to these terms of service, this supplemental agreement is also applicable for the duration of that agreement.

6.2 User is responsible for all use of Karify via the sign in credentials supplied to the user. User sees to the confidentiality of these sign in credentials and will follow reasonable instructions.

6.3 User-provider may apply to the User-recipient supplemental terms and conditions on the use of the Healthspaces. Healthspaces are offered at the risk and the expense of user-provider and Karify B.V. does not accept responsibility of liability for this use.

6.4 The right of use for Karify is for Karify as-is, meaning that the user accepts Karify as is, and full responsibility for user’s use of Karify. Karify B.V. does not guarantee the suitability of Karify for the user’s intended use.

6.5 Karify is an online platform. User is responsible for all hardware, software and connections required to access Karify. To use Karify, user is required to use a browser that Karify supports.

6.6 User is obliged to use Karify in compliance with applicable laws and regulations and without infringing rights of third parties (examples include but are not limited to copyright) or otherwise in violation of law. In case Karify B.V. has a reasonable suspicion that user’s use of Karify is in violation of the above, or receives notification from a third party of illegitimate use, Karify B.V. explicitly reserves the right to delete the data associated with the illegitimate use.

6.7 Karify B.V. is constantly developing the Karify service. Due to this Karify’s functionality may alter in time. Karify endeavours maintaining existing functionality, but cannot guarantee maintaining existing functionality. In case of possible data loss due to altering Karify functionality, Karify B.V. will attempt to notify user.

6.8 User indemnifies Karify B.V. against all claims, damages and costs, under any denomination, related to the user’s use of the Healthspaces offered by user-providers.


7. Use of Karify as a user-provider

The following conditions 7.1 to 7.4 apply exclusively to user-providers that use Karify via a staff member accounts provided by a care provider.

7.1 Users-providers are allowed to offer on Karify one or more Healthspaces with all available functionality. Healthspaces are accessible through a unique subdomain, to be chosen by the user-care provider subject to availability. The Healthspace can be configured by a user-provider with Karify apps and modules, included but not limited to those in the Karify Store

7.2 User-provider can create and manage staff member accounts, which user-provider can use to offer staff members the possibility to use the related Healthspaces for services.

7.3 user-provider is allowed to put on their own website a mention of their association to Karify and may link to their Healthspace(s). user-provider may use the Karify logo on their own website.

7.4 In case user-provider wishes to offer Karify to a third party, the third party is required to have their own Karify subscription offered by Karify B.V. The terms of service applicable to this subscription are determined by Karify B.V. Karify B.V. maintains the right to alter these terms of service conform what is agreed between third party and Karify B.V. Karify B.V. maintains the right to temporarily block of terminate third party accounts based on agreements with third party.


8. Costs for user-providers

The following conditions 8.1 to 8.3 apply exclusively to user-providers that use Karify via a staff member accounts provided by a care provider.

8.1 In derogation with previous paragraphs, user-providers are required to pay for the use of Karify when they offer or use a Healthspace. Before the use of a Healthspace user-providers are required to select an appropriate and applicable Karify payment plan, and licence fees are collected accordingly. For this purpose, user-providers payment details may be requested. When you work for a care provider that provides you with a Karify Staff Member account, the payment shall be fulfilled by the respective care provider.

8.2 Karify B.V.is allowed to change Karify’s pricing plans. Karify B.V. shall notify care-providers in advance of such changes. Furthermore Karify B.V. is at all times allowed to change Karify’s pricing if the costs of licences or services used by Karify B.V. provide a reason to do so.

8.3The purchase of apps and treatment modules in the Karify Store may involve costs. These costs are displayed in the Karify Store: www.karify.com/nl/store


9. Registration

9.1 Users can register for Karify in countries in which the user-provider offers its services. Persons under the age of 16 can only register with explicit permission of the parents/care takers.

9.2 If at any time the above terms are violated, this agreement is automatically terminated and user will not be allowed to use Karify anymore.


10. Duration

10.1 user-recipient obtains an account for undetermined duration. This account may be terminated by user-recipient at all times. https://support.karify.com/en/support/solutions/articles/156651-deactivate-your-membership-or-account.

10.2 For user-provider with whom Karify B.V. or a related entity has a service agreement, the duration agreed upon in this service agreement applies.

10.3 Terms in this agreement that by their nature are applicable even after termination, will be applicable until after termination of a subscription, including but not limited to Karify B.V.’s limited liability.


11. Liability

11.1 Karify explicitly does not offer treatment advice. Only the user-provider is responsible for the execution and quality of their respective treatment. Karify B.V. accepts no liability for damage as direct or indirect consequence of user-provider’s use of Karify,including but not limited to the standard treatment modules or through information placed by Karify B.V. or third parties.

11.2 Karify is not liable for loss of damage to user’s electronic equipment, software of data as a consequence of using Karify or downloading data.

11.3 User accepts that Karify B.V. is not liable for any damage as consequence of the use of Karify, including but not limited to direct or indirect damage, consequential, injury, loss of profit, or damage as a consequence of loss or alteration of data or as consequence or temporary or permanent operation interruption.

11.4 User accepts that (personal) data is sent by or through Karify, and through equipment that is owned and maintained by third parties and are outside Karify B.V. power. Karify B.V. is not liable for any latency, outage and/or interruption, contamination or corruption of data that user sends or is sent to user in relation to user’s use of Karify.

11.5 The provisions in this article shall in no way affect the provisions in Article 82 of the General Data Protection Regulation.

11.5 Karify B.V. has no control over the content of user’s Healthspaces, third party Healthspaces and/or third party websites that user can access via Karify, that may offer user apps, (medical) aids, books or other products or services. Karify B.V. offers no responsibility or liability for Healthspaces and third party websites, the content thereof and the products and/or services that are offered and third party Karify Store content.


12. Karify Store for care providers

12.1 Purchases in the Karify Store are subject to General Sales conditions by Karify Store https://www.karify.com/nl/store-voorwaarden/


13. Miscellaneous

13.1 All rights concerning Karify, including but not limited to trademarks, copyrights and database rights, including the rights for software and the ‘look and feel’, belong exclusively to Karify B.V. and/or her licensors.

13.2 Karify B.V. maintains the right to change these terms of service. Karify B.V. shall invite users to accept the changes terms of service. In the case Karify B.V. has not received user’s acceptation of the new terms of service, Karify B.V. shall offer user a final term to accept the changed terms of service, after which Karify B.V. may proceed to terminating the subscription.

13.3 In case of conflicting versions of this terms of service, the Dutch version will prevail

13.4 Both the Agreement and these general conditions shall be governed by Dutch law.