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Terms of Service

Last Update 6th October 2023

PLEASE READ THESE LICENCE TERMS, TERMS OF SERVICE AND ACCEPTABLE USE POLICY CAREFULLY

We’re with you, and welcome to Kalda!

Who we are and what this agreement does

Kalda Limited of 71-75 Shelton Street, London, England, WC2H 9JQ license you to use: our website www.kalda.co (Website) and our Kalda mobile application software (App), and any updates or supplements to it; the related electronic documentation (Documentation); the service you connect to via the App and the content we provide to you through it (Service) as permitted in these terms.

Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

Your privacy

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy policy[SP1]  and it is important that you read that information.

Please be aware that internet transmissions are never completely private or secure and that any message[SP2]  or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Appstore's terms also apply

The ways in which you can use the App and Documentation may also be controlled by the rules and policies of the app store from which you download the App and these will apply instead of these terms where there are differences between the two.

Operating system requirements

This app requires an iPhone or Android smartphone[SP3]  with a minimum of 64.8MB of memory and an operating system of at least iOS 16 for an iPhone and at least Android 12 for an Android smartphone.

Support for the App and how to tell us about problems

Support. If you want to learn more about the App or the Service or have any problems using them, please take a look at our support resources on the profile page of the App.[SP4] 

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at hello@kalda.co.

How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

  • download the App onto any number of your personal devices as you wish, and view, use and display the App and the Service on such devices for your personal purposes only;
  • use any Documentation to support your permitted use of the App and the Service; and
  • receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

You must be an adult to accept these terms and buy the app

You must be 18 or over to accept these terms and buy the App.  If the age of majority is higher than 18 in the jurisdiction where you reside, or from where you use the App and Services, then you must be at least that age.

You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out above[SP5]  in How you may use the app. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell or give away any device on which the App is installed, you must remove the App from it.

Using our Service

Our Service is only available to adults.  We do not provide the App or Services to children.

Registering with us.  To access the Service, you will need to register with us and will then choose a username and password.  You are responsible for all use of your username and password, which you must keep private and secure.

Account security.  You should notify us of any breach of security of your username and password immediately.  We reserve the right to suspend your use of the Service if you are in breach of these App terms.

The App and Service is not a mental health or crisis app or service and they do not provide mental health services or advice.  The App and the Service provide functionality to support self-care and mental wellbeing, in accordance with guidelines on wellness apps issued by the National Institute for Health and Care Excellence (known as “NICE”). 

You should seek advice from your doctor or a mental health professional.  Neither the App nor the Service provide any medical or mental health advice, diagnosis or prognosis in relation to anxiety, depression or any other medical or mental health conditions.  You must seek advice from your doctor or a mental health professional if:

  • you are suffering from anxiety or think you may be;
  • you suffering from depression or think you may be;
  • you are suffering from any other mental health condition or think you may be;
  • you are contemplating suicide;
  • you are contemplating self-harm or are currently self-harming; or
  • you have any other concern about your health, mental health or wellbeing.

What the App and Service provide.  The App and Service currently offer the following core functions and services:

  • A journal in which you can record thoughts and other information;
  • Audio recordings of meditations and mindfulness practices;
  • Video recordings and courses prepared by LGBTQ+ therapists, which include questions to consider for entries in your journal (if you choose to make them);
  • Weekly guided mindfulness sessions and sharing circles, hosted by our staff;
  • Daily habit-building activities, including affirmations, meditation and questions to consider for entries in your journal (if you choose to make them);
  • A community forum, which includes reflection questions posted by our staff to which you can respond (if you wish);
  • Quizzes, questionnaires and search functionality to help you find curated programmes;
  • Quizzes based on PHQ9, PHQ4 and GAD7 methodologies, which may be able to help you understand if you could be anxious or depressed and suggest video content that you may find helpful (however, they cannot, and do not, diagnose such conditions, and you should seek professional help if you think you may be suffering from anxiety, depression or any other mental health issue);
  • Details of virtual and real-world events offered by third parties, which you may find interesting (you cannot book these through the App or Service); and
  • Links to mental health crisis support services.

Privacy in relation to your journal.  Your journal and any entries that you choose to make in it are personal and private to you – they cannot be seen or accessed by other users.  However, your journal entries may be automatically scanned for keywords that might indicate a mental health crisis (although we are under no obligation to do so).  If any such keywords are detected, we may contact you or, if we consider that you may need urgent assistance, contact the emergency services.  Due to how scanning technology works, and the different language and spellings that users may use in their journal entries, a mental health crisis may not be detected.  Additionally, keyword scanning may not operate in real-time and may not always be available.  Accordingly, you must not rely on such scanning, or use your journal entries, as a means of seeking help or assistance. 

Additionally, please see our privacy policy[SP6]  for more information about how we process your personal data and for what purposes, and your rights in relation to your personal data and how to exercise them.

Privacy in relation to the community forum.  The community forum features questions posed by our staff, which you can respond to if you wish (as can other users).  Any responses that you post in the community forum will be visible to other users.

Community forum posts may be automatically scanned for keywords that might indicate a mental health crisis (although we are under no obligation to do so).  If any such keywords are detected, we may contact you or, if we consider that you may need urgent assistance, contact the emergency services.  Due to how scanning technology works, and the different language and spellings that users may use in their community forum posts, a mental health crisis may not be detected.  Additionally, keyword scanning may not operate in real-time and may not always be available.  Accordingly, you must not rely on such scanning, or use your community forum posts, as a means of seeking help or assistance.

Our community forum also includes a mechanism for users to report posts that include, for example, inappropriate, objectionable, abusive, discriminatory or potentially harmful content, etc, or which contravenes our acceptable use policy[SP7] .  Reported posts are removed from public view pending moderation.

Additionally, please see our privacy policy[SP8]  for more information about how we process your personal data and for what purposes, and your rights in relation to your personal data and how to exercise them.

Privacy in relation to weekly guided mindfulness sessions and sharing circles.  These involve the participation of a number of users, hosted by our staff.  There is no obligation on you to contribute if you do not wish to, but you should keep in mind that anything you do share is being shared with the other people who attend.  Your attendance of any guided mindfulness session or sharing circle is conditional on you not recording any audio, video or chat content from that session, and on you keeping any information shared by other participants completely confidential.

We reserve the right for the member of our staff hosting the session to remove participants from a session, or to close the session, in their sole discretion (for example, where a participant’s comments or behaviour are inappropriate, objectionable, abusive, discriminatory or potentially harmful, etc, or contravenes our acceptable use policy[SP9] .

Additionally, please see our privacy policy[SP10]  for more information about how we process your personal data and for what purposes, and your rights in relation to your personal data and how to exercise them.

Where to find the subscription price. Our subscription charges (which include VAT) will be as indicated in the appstore.

When you must pay and how you must pay. The full features of the App and Service require a subscription, which is available as an in-app purchase. Payment is made to the app store from which you downloaded the App.

Increases in charges.  We may increase our charges from time to time and will give you the opportunity to terminate your subscription before we do so.

When we will provide the Services. We will supply the Services to you until your subscription expires or you or we end your rights to use the App and the Services (see below).

Reasons we may suspend the supply of the Services to you. We may have to suspend the supply of the Services to:

  • deal with technical problems or make minor technical changes; or
  • update the App or Services to reflect changes in relevant laws and regulatory requirements.

Your rights if we suspend the supply of the Services. We will contact you in advance via the App, by email or by SMS (using the contact details you have provided to us) to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. If we have to suspend the Services for longer than 48 hours in any 28-day period we will adjust the price so that you do not pay for Services while they are suspended. You may contact us to end your subscription if we suspend the Services, or tell you we are going to suspend them, in each case for a period of more than 48 hours and we will refund any sums you have paid in advance for the Services in respect of the period after you end the contract.

Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund:

  • You have 14 days after the day you purchase your subscription. If you cancel after we have started providing the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind;
  • If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the Services for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

How we will refund you.  We will refund you any subscription fees due to you, by the method you used for payment. However, we may make deductions from the price, as described above.

Changes to these terms

We may need to change these terms and our Service to reflect changes in law or best practice or to deal with additional features that we introduce.

We will give you at least 30 days[SP11] ’ notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.

If you do not accept the notified changes you must remove the app from your device and unsubscribe from our Services. If you continue to use the Services or remain subscribed you are deemed to have accepted these terms after the 30 day notice period.

Update to the App and changes to the Service

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

We may collect technical data about your device

By using the App or the Service, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

We are not responsible for other websites you link to

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Licence restrictions

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
  • is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  • is not used to create any software that is substantially similar in its expression to the App;
  • is kept secure; and
  • is used only for the Permitted Objective;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

Acceptable use restrictions

You must:

  • not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable, or which contravenes our acceptable use policy[SP12] , in relation to your use of the App or any Service;
  • not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Intellectual property rights

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.[SP13] 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

  • You must stop all activities authorised by these terms, including your use of the App and any Services.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
  • We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

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 in writing.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, 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 at a later date.

Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

Acceptable use policy

This acceptable use policy sets out the content standards that apply when you interact with our Service in any way.

General restrictions

You may not use our App or Service:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To bully, insult, intimidate or humiliate any person.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
  • 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, worms, time-bombs, 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.
  • To upload terrorist content.

Our Service (including the use of any of our interactive services) by a minor is strictly prohibited.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

We do not store terrorist content.

Content standards

These content standards (Content Standards) apply to any and all material, comments or content that you contribute to our App or Service (Contribution), and to the interactive services available through them.[SP14] 

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

Kalda Limited will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Bully, insult, intimidate or humiliate.
  • Promote sexually explicit material.
  • Include child sexual abuse material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal content or activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from Kalda, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.