Terms of Service
Disclaimer: Although this service is designed to help you cope with a range of issues you face in life, Inuka is not a professional medical service or mental health provider, and if you feel you are in crisis, or you may hurt yourself or others, you should seek professional help. Please visit our in crisis page to find resources for professional help.
By agreeing to these Terms & Conditions you agree you are 18 years or older and that you are not in crisis, homicidal, suicidal, abusing anyone or posing a threat to yourself or others.
- Inuka: Mental Wellbeing Company, subsidiary of Inuka B.V. located in the Netherlands and having its registered address at Jambo Apartments, P.O Box 14052 -00800, Nairobi
- User: the person using any of the services provided by Inuka, applicable to both Guides and Clients.
- Guide: the person who is trained my AMREF on the InukaMethod, and who subsequently uses the Inuka platform to give coaching to Clients.
- Service: coaching received by the Client, offered by a Guide trained in applying the InukaMethod,in a structured form, on the Inuka platform.
- Inuka Platform: the application developed by Inuka where Users give or receive coaching.
- Client: the person using Inuka to connect to a Guide and receive coaching.
- SuperGuide: the person directly supervising the Guide. Supervisor: the person supervising the SuperGuide and Guide.
- InukaMethod: the coaching method Guides are trained to apply on the Inuka Platform.
2. General Conditions
- You agree that by using the Inuka Platform you are at least 18 years of age and you are legally able to enter into a contract.
- This Agreement sets forth and contains the terms and conditions between you and Inuka. Checking the box on the Terms of Service page indicates that you “have read and agree to the Inuka coaching terms of service” and you are entering into this Agreement. You should, therefore, read this Agreement carefully. If you do not agree to be bound by any term of this agreement, do not check the box indicating your agreement to these terms and conditions and do not otherwise continue with the therapy registration process.
- Inuka may modify this Agreement or any part hereof at any time in its absolute discretion. Therefore, Client is encouraged to check the terms of this Agreement frequently. Client agrees to be bound by such modified Agreement.
3. The Inuka services
- The Inuka Platform enables Clients to connect to a Guide and receive anonymous InukaMethod chat coaching from this Guide. Inuka, via the Inuka Platform, provides the payment tools for the Client to pay for the services purchased by the Client from their Guide.
- All sessions are paid in advance. The date of the session must not be later than six months after the date of the payment. The Client understands that no refunds or further bookings will be made for the paid amount of money if this deadline has passed and the session was not booked.
- Client acknowledges and agrees that Guides are neither employees nor agents nor representatives of Inuka, and Inuka assumes no responsibility for any act or omission of any such Guide if these acts, omissions or other behaviour deviates from the protocol set by Inuka through the InukaMethod.
- The Client acknowledges that Guides are people without a medical or psychological background or education, who are trained by Inuka to apply the InukaMethod coaching, a structured problem solving coaching methodology. None of the Services provided by Inuka, Inuka Guides or any other entity related to Inuka include the provision of medical care, therapy or mental health professional services.
- As further described in this Agreement, the Inuka Platform serves as a “connector” for Clients to access online Guides.
- Inuka verifies the InukaMethod employment history, training and skills of the Guides. Inuka offers tools to keep all coaching under the Inuka services consistent according to the InukaMethod.
- Inuka makes no representation or warranty whatsoever as to (a) the accuracy or availability of the Inuka Platform or the Sites, (b) the availability of the Guide to give coaching, (c) whether the Client shall find a Guide’s services useful or satisfactory, (d) whether the support of the Guide will be helpful, or (e) whether the Guide’s coaching will otherwise be suitable to the Client’s needs.
- Guides are not available on demand. Client and Guide solely engage in real-time chat coaching during previously booked and paid for sessions on the Inuka Platform.
- Between sessions the Client is free to send messages to the Guide through offline messaging. The Guide is under no circumstance obliged to reply. Any response to offline messages is purely voluntary. Offline messages are not an instant message format.
- The Client agrees that offline messaging becomes available after the first live session with a Guide. Offline messaging with the Guide will remain available for fourteen (14) days after completion of the last session with this same Guide.
- If a Client chooses to interact on or through the Inuka Platform with a Guide, the Client’s relationship is strictly with the Guide. Inuka is not responsible for any advice or information given by the Guide if it deviates from the InukaMethod. Any reliance on such information is done at the Client’s full and sole risk and liability. It is strongly recommended that the Client verifies and checks any advice or information given by the Guides.
- Any advice or information provided by Inuka Guides is provided for informational purposes only and cannot be considered a substitute for a face-to-face physical examination of the Client by a doctor or other health care professional. Guides are not licensed professionals. Guides are life coaches trained in the InukaMethod. They do not participate in any medical or mental health practice; they do not diagnose, provide treatment plans, or intervene.
- The advice or information provided by Inuka Guides in fields requiring licenses and/or certification is provided for informational purposes only and cannot be considered a substitute for an in-person meeting.
- Client agrees and understands that any advice, information or other guidanceprovided by licensed professionals in any industry, should be followed. In any case where the Guide’s advice, information or other, differs from the licensed professional’s, the Client agrees to disregard the Guide as theyare not licensed professionals.
- The Inuka Platform is not intended for diagnosis or fordispensing information regarding which drugs or treatment may be appropriate for the Client. The Client should disregard any such advice if delivered through the Platform.
- Client understands and agrees that, although a Guide may have been accessed through the Inuka Platform, Inuka cannot predict or assess the appropriateness of the Guide’s competences for Client’s needs. Client acknowledges and agrees to take full responsibility for the decision to access a Guide through the Inuka Platform. Inuka is strictly limited to providing access to Inuka Method trained Guides for Client’s consideration. Client is always free to connect to a different Guide.
- The Client agrees, confirms and acknowledges that Inuka does not review, recommend, endorse, evaluate or provide any guarantee, representation or warranty, and Inuka specifically disclaims all representation and warranties, with respect to;
- Any information about background of any Guide the guide gives during coaching;
- The coaching services including without limitation any opinion, response, advice, recommendation, information or any other content written or said by a Guide;
- The content and the substance that are part of the coaching services;
- Any other content or information posted on the Platform or though the Platform;
- The validity, accuracy, availability, completeness, safety, legality, security, privacy, quality or applicability of the Platform and the Services;
- Client hereby releases and agrees to hold harmless Inuka and its affiliated companies and the directors, officers, employees, agents, successors, advisors, consultants, Guides and assigns of any of the foregoing from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestion, information and/or service of any mental health professional through the Inuka Platform.
- Guides may provide Clients with links or other content related to web sites, information and/or services offered by third parties. However, Inuka has no control over any such links, content, web sites, products or services or any information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. The Client acknowledges and agrees that Inuka is not responsible for the availability of such third-party links, content, web sites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. The Client warrants and agrees that Inuka will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, web site, content, product and/or service. Inuka encourages the Client at the very leastbe aware when the Client follows the shared links by the Guide and to review the privacy practices related to third party sites.
- The Inuka Sites may contain links or other content related to web sites, products and/or services offered by third parties. Inuka has no control over any such links, content, web sites, products or services or any information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. The Client acknowledges and agrees that Inuka is not responsible for the availability of such third-party links, content, web sites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. The Client warrants and agrees that Inuka will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, web site, content, product and/or service. Inuka encourages the Client to, at a minimum, be aware when the Client leaves a site and to review the privacy practices related to third party sites.
4. Additional disclaimers
- In the event of a dispute regarding any transaction conducted via the Inuka Platform or a site, the Client hereby relieves Inuka, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors, Guides and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses which Client may have against one or more of the above.
5. Limitation of liability
- Client expressly understands and agrees that Inuka, its affiliates, and any of the foregoing’s officers, directors, shareholders, employees, sub-contractors, Guides and agents shall not be liable to any Client or any third party for any indirect, incidental, consequential, special, punitive or exemplary damages (including, but not limited to, loss of business, revenue, profits, use, data or other economic advantage). Client further expressly understands and agrees that:
- Inuka, its affiliates and the foregoing’s officers, directors, shareholders, employees, sub-contractors, Guides and agents’ aggregate liability for damages arising with respect to this agreement and any and all use of the sites will not exceed the total amount of money paid by Client to Inuka through the applicable site or platform in the six months period prior to the date the claim arose;
- Inuka disclaims any liability with respect to any claim, suit or action brought by a Guide in connection with payment for services by the Client and Client agrees to indemnify, defend and hold Inuka harmless in connection with any such claim. The foregoing limitations and exclusions will apply regardless of whether the cause of action arises in contract, in tort or otherwise and notwithstanding the failure of the essential purpose of any remedy or negligence.
- In the event that applicable law does not allow the limitation of liability as set forth in article 15, the limitation will be deemed modified solely to the extent necessary to comply with applicable law. This section (limitation of liability) shall survive termination or expiration of this agreement.
6. Client Affirmation, Conduct and Use
- By submitting the Client registration form, you, the Client, represent, warrant and agree to the following:
- You are at least 18 years of age or a legally organized entity, and that you are authorized to submit an Inuka profile registration, and that you are authorized to sign the Inuka profile registration form on behalf of yourself or on behalf of the person that you represent and bind him or her.
- You are solely and fully liable for all conduct, postings and transmissions that are made under your user name and password.
- All interactions between you and a Guide will be billed through the Inuka Platform. You agree to abide by the pricing terms, which are based on your country location.
- You agree that payment for use of Inuka services is done in advance of the coaching session. You also acknowledge that reimbursement for a coaching session is only done in case of a no-show of the Guide, and only if you flag the session.
- You understand and agree that Inuka offers a coaching service that is under no circumstances a replacement for face-to-face therapy from a licenced mental health professional.
- You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Online Application’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
- You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Inuka Platform, your relationship with the Guide and with Inuka.
- You agree and commit not to make any use of the Inuka Platform for the posting, sending or delivering of either of the following:
- unsolicited email and/or advertisement or promotion of goods and services;
- malicious software or code;
- unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content;
- any content that infringes a third party right or intellectual property;
- any content that may cause damage to a third party;
- any content which may constitute, cause or encourage a criminal action or violate any applicable law.
- Any illegal content.
- It is not allowed for a Client to contact the Inuka Guides outside of the Inuka Platform. If the real identity of a Guide has been revealed to the Client in any way, the Client is bound from releasing any information regarding the Guide to any other party. Guides are not expectedto reveal their real identity to the Client. If the Guide is no longer anonymous to the Client, the Client is expected to report this to the respective Guide, who will in his turn report this to the SuperGuide who supervises the Guide. The SuperGuide will decide whether the Guide can continue to provide coaching to the Client.
- When the Client creates and opens an account with Inuka, the Client will be asked to provide a user name and password. Client is entirely responsible for maintaining the confidentiality of the password and user name and any other security information related to Client’s account. The Client is encouraged to create a username that in no way relates to the Client’s actual name. The Client will be fully responsible for all activities that occur under this account, user name and/or password. The Client may not use the account, username or password of someone else at any time. The Client will immediately notify Inuka of any unauthorized use of Client’s password, user name, e-mail, or any other breach of security. Inuka encourages the Client to change their password at least once a month. Inuka will not be liable for any loss that incurs as a result of third party usage of the Client’s account or password, either with or without the Client’s knowledge. Inuka will hold the Client liable and responsible for any losses incurred by Inuka due to third party use of the Client’s account or password.
- Before engaging in any of the services offered by Inuka, the Client is required to fill in a Self-Reporting Questionnaire (SRQ) on their current mental health state. This SRQ is not a medical diagnosis tool, nor do the outcomes serve as a medical diagnosis. The Client understands and agrees that the Client is obliged to fill in this SRQ in truth, not withholding any information. Based on the SRQ results, the Client is given automated advice on their mental health state, from either of three categories:
- Low indicator for mental health issues: continue on the Inuka Platform
- Medium indicator for mental health issues: continue on the Inuka Platform
- High indicator for mental health issues: find a licensed mental health professional for face-to-face therapy; none of the services Inuka provides can replace professional help.
- In case of a high indicator for mental health issues, the Client is still able to access the Inuka Platform for coaching, but the Client is strongly urged to seek professional mental health care parallel to the coaching. The Guide is free at any moment to end the coaching with the Client, if the Guide has reason to believe that the Client intents to use the Guide, the Inuka Platform, or any of the Services Inuka offers, as a direct substitute of professional mental health care.
- The Client confirms and agrees that all payment related information that Client provides and will provide in the future, to or through the Inuka Platform, is accurate, current and correct and will continue to be accurate, current and correct. And by paying for any Service provided by Inuka, you:
- confirm and agree to use only payment means (mobile money, credit cards or others), which you are dully and fully authorized to use.
- agree that all current and future interactions (whether online or offline) between you and your Guide will be made, managed and billed through the Inuka Platform
- Whenever the Client uses an external Payment Provider to pay for the Guide’s services, the Client agrees with the Payment Provider’s terms & conditions. The contracted Payment Provider might differ per region; Inuka only accepts payments through the Payment Provider selected by Inuka for the specific region. For example, but not limited to: mPesa, PayPal or a credit card Payment Provider.
- All payments are made through the Platform. Client pays for the Services offered by the Guide through the platform, but the Client does not pay for the usage of the Platform. Inuka charges the Guide for the use of the Platform by accepting a portion of the Guide’s payment per session. Inuka is not offering the coaching itself.
- The Client agrees to pay all fees and charges associated with the Client’s Account on a timely basis and according to the fees schedule, the terms and the rates as published in the Inuka Platform. Such fees and charges (including any taxes and late fees, as applicable) may be charged on the Client’s credit card, via mobile money transfer or by other means. By providing Inuka with the Client’s mobile money account or credit card information, the Client authorises Inuka to bill and charge the Client through that credit card or mobile money account. The Client agrees to maintain valid credit card and mobile money information in their Account information.
- Refunds will normally not be provided, but Inuka reserves the right to refund at our discretion that no money refund will be provided in any case.
- The Client agrees and understands that a no-show means not joining the chat room within ten (10) minutes after scheduled appointment start time or moving away/going offline for longer than ten (10) minutes during the active chat session. The Client agrees that only one no-show by the Client is allowed during a program package of four (4) sessions. After this first no-show, Client can reschedule the session free of charge. No refund is allowed for further no-shows thereafter. Inuka deducts session balance for all other no-shows.
- When a chat session is cancelled by the Guide or due to a no-show of the Guide during a session, the Client has the right to book another session free of charge. Inuka reserves the right to change any policy related to no-show and cancellations at any point of time without giving any prior notice. If, for any reason, an interaction between the Client and the Guide is not made through the Inuka Platform, both Users agree that it will be billed through the Inuka Platform and that the standard Inuka Use Fees will be charged and delivered to Inuka even if the Inuka Platform has not been used for this interaction.
- All involved Users agree and commit to immediately notify Inuka of any case where the Client receives a Service from the Guide not through the Inuka Platform, or in any case where the Client is billed by a Guide not through the Inuka Platform.
- Inuka conducts research on our global platform. This research looks at how different services provided by Inuka (chat coaching, online messages) impact wellness test scores and scores on other measures provided.
- Inuka may share anonymous user data with third parties such as university and other research institutes to perform analyses on the dataset in order to expand the public knowledge on the effectiveness of the Inuka Services. Any third party analysis of Inuka data purely serves the purpose of improving public health. For example, a Dutch university post-doc research project is measuring the effectiveness of chat coaching compared to face-to-face coaching.
- Inuka nor the third party university or research institute will profit financially from above mentioned research, or its publication. Any user data in such publications is completely anonymous and untraceable. Any third party university research institute is bound by the same level data privacy protection as Inuka, which we will actively validate.
- All data related to chat coaching is completely anonymised (or anonymous). All research done by third party university researchers is approved by their institutional review board and by Inuka. Third party researchers and their institutions uphold the same level of data privacy protection as Inuka. Access to Inuka data is limited to the minimal data input needed to execute the research that Inuka and the third party researchers and their institutions agreed to initially.
- Any third party research using data provided by Inuka is done for the benefit of public health. The research and its outcomes are key to helping people make real change and progress in their lives.
- Inuka reserves the right to modify or discontinue, temporarily or permanently, any service in or on the site or platform, with or without notice to Client. Client agrees that Inuka shall not be liable to Client or to any third party for any modification or discontinuance of any service offered by Inuka, or for any losses or damages that may result to Client or any third party from such discontinuation or interruption of service.
- Inuka’s services depend on various factors such as software, hardware and communications networks of Inuka, its contractors and suppliers. Inuka does not guarantee that Inuka’s service will be uninterrupted or that it will be timely, secure or error-free.
- Inuka, in its sole discretion and for any reason, may terminate Client’s participation in the services and refuse any and all current or future use by Client of the site or platform.
- Inuka may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of the Inuka Platform or Sites, by email to the email address that we have on record, by regular mail or by posting on the Site and/or the Inuka Platform. The date of receipt shall be deemed the date on which such notice is given. Notices sent to Inuka must be delivered via email to: email@example.com.
10. Disclosure of information to third party
- Inuka may disclose the Client’s non-anonymous information to third parties, including personal information if Inuka reasonably believes that disclosure:
- is necessary in order to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority;
- would potentially mitigate Inuka’s liability in an actual or potential lawsuit, or;
- is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, including the Client.
- Disclosure of sensitive information to local authorities, defined under Article 9.1 of the European GDPR law, will only take place in cases where the involved Guide, SuperGuide or Supervisor has reason to believe that the Client has engaged in, or has the intent to engage in, criminal activity. Before the local authorities are contacted, a mental health professional is consulted, validating the suspicion. The Client is always informed of such disclosure. By entering into this Agreement, the Client understands and agrees to the disclosure of sensitive information to the local authorities in the situation mentioned in 10.1 and 10.2.
11. Governing law
- Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
- This Agreement shall be interpreted only in accordance with the laws of Kenya (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively at the court of Nairobi, location Kenya. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
- This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Inuka and Client with respect to the subject matter hereof, and Client has not relied upon any promises or representations by Inuka with respect to the subject matter except as set forth herein.
- Persons and entities who live in a territory that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with The Netherlands are not permitted to use or access the Inuka Platform or the site.
12. Important notes about our Agreement
- This Agreement constitutes the entire agreement between you and Inuka. You confirm that you have not relied upon any promises or representations by Inuka except as set forth in this Agreement.
- Inuka may change this Agreement by posting modifications on the Inuka Platform or Sites. Unless otherwise specified by Inuka, all modifications shall be effective upon posting. Therefore, you are encouraged to check the Terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Inuka Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Inuka Platform and participation in its Services.
- Inuka may freely transfer or assign this Agreement or any of its obligations hereunder.
- The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 999 OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY, AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.
For any inquiries regarding these Terms & Conditions, please contact us at firstname.lastname@example.org, or send a letter to the following address:
Mental Wellbeing Company, subsidiary of
Inuka B.V. located in the Netherlands.
P.O Box 14052 -00800
Inuka, ltd. is a Netherlands based corporation.
Last update to this Agreement: June 23rd 2018 in Delft, the Netherlands.