1.1 This Agreement / These general terms and conditions apply between Zebrain AB, corporate registration number 5559138-1271, Birger Jarlsgatan 34, 114 29 Stockholm (hereinafter "Zebrain") and the user / client who registers as a user (hereinafter "User") on a platform provided by Zebrain for coaching services (see definition below in clause 1.2) and associated services for Users and coaches (individually a "Coach") via the website Zebrain.se (collectively "the Service").
1.2 To gain access to the Service, you must create a user account to submit certain personal information (such as name, e-mail address, etc.) and select a personal password ("User Account"). For certain parts of the Service, you must also provide current payment information (such as payment or credit card information or invoice information). When making an appointment with any of the Coaches, the User can provide information about his/her condition via his/her personal User Account. By registering as a User and activating the Service, you consent to and accept the terms. If you do not consent to and accept the Agreement in its entirety, you are not entitled to use the Service.
1.3 The User is responsible for ensuring that the information, including contact information and, where applicable, health information, which he/she provides at the time of the conclusion of the Agreement, is correct. The User undertakes to keep his/her personal profile on Zebrain.se updated and current throughout the entirety of the contract period. Any changes must be notified to Zebrain as soon as possible by making an update directly on Zebrain.se or via e-mail to firstname.lastname@example.org.
1.4 The User is aware of and accepts that Zebrain is a service provider of the technology platform through which the User is provided services by Coaches. The Coaches are solely responsible for the services they provide via the Platform. This Agreement should therefore exclusively be considered as a service agreement for the provision of a technical solution. For the avoidance of doubt, it is hereby clarified that Zebrain under no circumstances bears any responsibility for the efforts, examinations, medical services or results (or the quality of these) provided to the User within the framework of his/her contacts with Coaches on Zebrain.se.
1.5 These contract terms / general terms, policies, instructions and other information about the Service are available on Zebrain.se. Older versions of these documents are not archived. Zebrain therefore recommends that Users to print and save a copy of the current terms and conditions for the Service.
1.6 In the event that the User is provided the Services in accordance with this Agreement, such as a subscription, compensation or salary benefit, or a centrally procured agreement via the employer or the like, the following provisions shall not apply: clause 6 - "Cancellation of video calls"; clause 10.2; and the third sentence of clause 11 "Force majeure".
2.1 To register a User Account and to enter into an Agreement with Zebrain, the User must be at least eighteen (18) years old and have access to a personal BankID for their identification.
2.2 The User is personally responsible for any action taken during the use of His/her User Account.
2.3 The User Account is personal and may only be used by the User who registered the User Account.
2.4 User Accounts may not be transferred or made available to another.
2.5 Zebrain is not responsible for any third party misuse of the User Account, nor for the consequences and / or damage as a result of such misuse.
2.6 The User is responsible for ensuring that his/her User Account is used in accordance with the Agreement, any terms and instructions on Zebrain.se, and in accordance with relevant laws, as applicable from time to time.
2.7 The User is personally responsible for the information he/she provides on or through Zebrain.se.
2.8 By registering a User Account on Zebrain.se, the User confirms and accepts the technical specifications, conditions and limitations regarding Zebrain.se which follows from Zebrain's service and product descriptions, as applicable from time to time, which are available on Zebrain.se.
2.10 Content published or provided by Zebrain on Zebrain.se or via the Service is a complement to the advice given by the Coaches to the User and is not intended to be used as a substitute for a Coach's assessment, diagnosis or treatment for any condition. Use of Zebrain.se is only a complement to the usual dialogue, and is intended as an aid for Coaches to provide an effective conversation to User. Zebrain does not bear any responsibility as a Coach in relation to the User.
2.11 With regard to the technical design of the Service and Zebrain.se, the service is limited to certain specific areas. Which these are is available at any time on Zebrain.se.
3.1 The services on Zebrain.se are provide at the price shown in the current price list which can be found on Zebrain.se. The price of the Service is always stated before the booking is made.
3.2 Payment for video calls, or other services via Zebrain.se, are made before video calls are initiated or service is provided. Users cannot start a video conference or use another service before payment has been made.
3.3 Payment for the Service is made via the payment option(s) offered by Zebrain from time to time and is contingent on the User accepting the terms and conditions set from time to time by Zebrain's payment service provider(s). Now applicable payment options are listed on Zebrain.se.
3.4 Unless otherwise stated, the amount is in SEK and inclusive VAT.
4.1 Subject to the restrictions set forth in this clause 4, Zebrain is responsible for Zebrain.se being available in accordance with clauses 4.2, 4.3, 4.5 and 4.6 below. Furthermore, Zebrain is responsible for the storage of the provided and uploaded information on Zebrain.se, regardless of whether this has been provided by Users or Coaches.
4.2 Zebrain's goal is for Zebrain to maintain high availability and for the User to have access to his User Account at any time of the day. The User can book video calls with Coaches in accordance with the booking options provided via Zebrain.se's booking system. Zebrain does not, however, provide any guarantees regarding the availability of the Service or that the Service will be provided without interruption.
4.3 Zebrain is not responsible for disruptions of the service or availability caused by:
i) Defects in the User's hardware / equipment, connecting networks, the User's software or defects in software that constitute a third party product and which Zebrain, despite having made reasonable professional efforts to remedy or circumvent, cannot remedy or circumvent.
ii) Other circumstances for which the User is responsible under the Agreement.
iii) Viruses or other security attacks which, despite Zebrain's professional action.
iv) Or, a circumstance which constitutes force majeure in accordance with clause 11 below.
4.4 Errors or interruptions regarding the Service shall be reported without delay to Zebrain's customer service via email@example.com (all hours of the day) or via our customer service's chat during office hours (9.00 - 17.00 weekdays with the exception of public holidays).
4.5 Zebrain is only responsible for the operation of the Service, including the provision of the video call functionality between Users and Coaches. Zebrain is not responsible under any circumstances for information or recommendations that Coach gives the User in video calls or in writing via Zebrain.se.
4.6 Zebrain is not responsible for content linked to or from Zebrain.se.
4.7 Zebrain is not responsible for any damage as a result of the User or any conditions for which the User is responsible.
4.8 In the event of an established coach meeting the User shall, as far as he/she knows, be otherwise completely healthy, and aware that in the event of serious symptoms of illness, he/she shall seek adequate care such as a health center, emergency room, etc. In such situations, Zebrain is not the right discussion partner or level of care. In case of acute suicidal ideation, the User shall also not turn to Zebrain but to an adequate emergency psychiatric institution or call 112 for guidance and advice.
4.9 If the User is not a consumer or uses the Service within the framework of his/her employment or assignment for a trader, Zebrain's liability shall be limited to direct damages amounting to the lower amount of either SEK twelve thousand (12 000) or the amount paid for the Service during the previous three (3) months.
5.1 Copyright, ownership and other intellectual property rights to Zebrain trademarks (including confusable characteristics), company name, domain name, Zebrain.se and all documents used and / or provided by Zebrain on Zebrain.se belong to Zebrain with exclusive rights. This means that Zebrain has the right of free disposition of such intellectual property rights.
5.2 All copying, modification, transfer and / or other use of Zebrain's material not expressly authorized in writing by Zebrain is prohibited. The User acknowledges and accepts that the unauthorized use of Zebrain's intellectual property rights constitutes a violation of this Agreement.
5.3 Any intellectual property rights that arise as a result of Zebrain's provision of Zebrain.se and / or other services shall accrue to Zebrain with exclusive rights. Such exclusivity includes Zebrain's right of free disposition, including the right to freely change, assign, transfer and make available such result.
5.4 The provisions of this clause 5 shall apply regardless of the form in which the result is produced and whether the result is produced by Zebrain alone or in conjunction with another. This provision shall be applicable even after the Agreement between Zebrain and the User has otherwise expired..
5.5 To the extent that the User delivers legally protected intellectual property to Zebrain, including images, sound, video or text material, (collectively, the "Material"), the User hereby grants to Zebrain an unlimited, fully paid, sublicensable and transferable right to use, edit, adapt, redistribute, and further develop the material for the purpose of marketing and providing, as well as further develop, the Platform and Zebrain's operations.
5.6 The Coach warrants that it has not or will not infringe any third party rights in the provision of the Material and that Zebrain's use of the Material does, accordingly, not infringe on the rights of anyone else.
6.1 Cancellation of booked video calls can be made no later than 24 hours before the start time of a booked video call.
6.2 The User is aware of and accepts that he/she is not entitled to a refund when canceling the booked drop-in video call time. The User is aware of and further accepts that he/she is not entitled to any refund for cancellation of video calls which occurs later than 24 hours before such video call would have taken place.
6.3 Mandatory consumer law provisions give you as a consumer certain rights. If you use the Service as a consumer, mandatory consumer law provisions always take precedence over the provisions of this Agreement.
6.4 According to the Distance and Off-Premises Contracts Act (2005: 59) consumers have the right to withdraw from the Agreement under certain conditions. Zebrain provides specific information about the right of withdrawal at www.zebrain.se/legal. The user is aware of and accepts that the right of withdrawal does not apply to services that have been completed.
7.1 Zebrain takes all unauthorized use of Zebrain.se and the User Account in violation of this Agreement / these general terms and / or our current policies regarding information management, security, ethics, etc. seriously. It is for example not allowed to film consultations with Coaches or to, in any way, distribute such material. Zebrain will take measures against completed or anticipated unauthorized use of Zebrain.se, the User Account, etc.
7.2 Zebrain reserves the right to, with or without prior warning or notice thereof, at any time and without liability for any consequences, remove information from Zebrain.se, close the User Account or take other measures due to the Users' breach of the Agreement or to protect Zebrain.se's reputation and / or to protect it from misuse. In the event of such suspension, Zebrain also has the right to terminate the Agreement in accordance with clause 9.2 below.
7.3 In the event that the User has breached the Agreement, applicable law or if he/she has used Zebrain.se in an illegal or unauthorized manner, the User is liable to indemnify and hold Zebrain indemnified from any damage caused thereby (including but not limited to attorney's fees, legal costs and all claims from third parties).
7.4 The User is limited to booking time with one Coach at a time, it is thus not allowed to book several times with different Coaches in parallel. After a contact with a Coach has ended, a new appointment with another Coach can be booked.
8.1 The Agreement is applicable as of the time the User has registered a User Account with Zebrain and thereafter until further notice.
9.1 The User always has the right to terminate the Agreement with immediate effect. In case of such termination, Zebrain shall as soon as possible delete the User's User Account and remove all provided and stored information related to the User.
9.2 Zebrain has the right to terminate the Agreement with immediate effect in the event that the User violates, or where there is reason to believe that the User is expected to violate this Agreement and the User does not remedy such breach within thirty (30) days from written notice thereof. In the event of such termination, the User's User Account will be suspended, after which the Agreement is automatically terminated. Information regarding the User stored on Zebrain.se will be deleted promptly.
9.3 Users who have been suspended from their User Account in accordance with this clause are not entitled to re-register or register a new User Account without specific permission from Zebrain for this.
10.1 Zebrain reserves the right to change the scope and function of the User Account and of Zebrain.se. Product and service development may, for example, but not exclusively, refer to layout, content, service or functionality and may mean that the Agreement is affected. Such changes will be notified to Users via Zebrain.se and / or e-mail. The current general terms and conditions can be found in the Service and on Zebrain's website.
10.2 The User has the right to terminate the Agreement with immediate effect in the event that Zebrain's change of contract terms or of Zebrain.se is to the material detriment of the User.
11.1 Zebrain does not indemnify damages resulting from strikes, fires, the exercise of authority, labor disputes, accidents, errors or delays in subcontracting, downtime in public communications systems or any other circumstance beyond Zebrain's control and which Zebrain could not reasonably be expected to foresee and the consequences of which Zebrain was not reasonably able to avoid or overcome. In the event that a circumstance in accordance with this clause persists for a period exceeding thirty (30) days, a party has the right to terminate the Agreement with immediate effect. In such circumstances, the User is entitled to a refund of any prepaid amount for a booked but not completed video meeting.
12.1 The User must provide the e-mail address and telephone number on Zebrain.se to which he/she wishes Zebrain to send messages from time to time.
12.2 Termination and other notices under this Agreement shall be sent by e-mail.
12.3 Notices under this Agreement shall be deemed to have been received by the recipient:
a) If sent by e-mail: when the receipt has been duly confirmed, which can be done by for example confirmation of receipt.
b) If sent by registered letter: two working days after delivery by mail.
c) Or, if delivered by courier: at the time of delivery.
12.4 The User must notify Zebrain if he/she changes his contact information without delay.
13.1 Users do not have the right to transfer this Agreement or the rights and / or obligations as a result of this Agreement to another.
13.2 Zebrain has an unlimited right to subcontract for the fulfillment of its obligations under this Agreement.
14.1 Disputes in connection with the interpretation and application of this Agreement / these general terms and conditions and related legal relations shall be settled in accordance with Swedish law by a general court of law.
14.2 If you are a consumer, you also have the right to have a dispute in connection with the Agreement tried through alternative dispute resolution, provided that the case meets the requirements for processing (e.g. time and value limits). We undertake to participate in dispute resolution with a consumer in accordance with the Act on Alternative Dispute Resolution in Consumer Relations (SFS 2015:671). The relevant board for alternative dispute resolution is:
The National Board for Consumer Disputes (Sw. Allmänna reklamationsnämnden) Box 174, 101 23 Stockholm
14.3 The European Commission also provides a platform for out-of-court dispute resolution to consumers. This enables you as a consumer to resolve certain disputes related to your online orders without having to go to court. The Dispute Resolution Platform is available at the external link http://ec.europa.eu/consumers/odr/.
14.4 In the event of recovery of payment due to payment obligations under this Agreement / these general terms and conditions, notwithstanding what is otherwise stated in clause 14 above, such a matter may be referred to the Enforcement Officer (Sw. Kronofogden) or other collection procedure.
Safe and secure processing of your personal data is important to us. Zebrain therefore takes technical and organizational measures to protect your personal data which we process as part of our platform for coaching services via our website "www.Zebrain.se" and our application.
Zebrain AB, 559138-1271, ("Zebrain", "vi", "oss") is responsible for the processing of your personal data when providing our coaching services as set forth below.
Personal data is all information that can be directly or indirectly attributed to you as an individual.
Coach is an individual who uses our coaching service to communicate and coach clients by creating a user account and registering as a coach (which also includes coaches during training).
Client is an individual who, by creating a user account and registering as a client on our coaching platform, intends to take part in our coaching services. This is done either in your role as an individual or as an employee of one of our corporate customers.
We will process your personal data which:
a) We collect from you in connection with you registering as a user, and further in the use of our coaching service, either on our website or via our application.
b) Is collected or generated automatically when you use our website and / or application.
Create and manage user accounts, including platform administration.
Personal data is retained for this purpose until you or the corporate customer to whom you belong / represent chooses to terminate the subscription of our service. If this happens, your personal data will be anonymized according to the purpose "Evaluate and follow up the use and trends as part of the coaching service" below.
If you choose to unsubscribe and thereby deactivate your account, your personal data will be stored "dormant" in the service for a period of 12 months, i.e. the data will not be used for any purpose other than storage for the purpose of enabling you to later reactivate your account with retained information. User accounts that have been inactive for a period of 12 months will be deleted by Zebrain.
We process personal data that you, as a client or coach, enter in our coaching service, in order to evaluate and follow up the use of our platform. This may involve producing reports on trends and statistics based on information submitted on the platform (e.g. the number of coach / client meetings, the extent to which different individual needs and coaching orientations are handled in the service and outcomes in behavioral analysis and measurement of potential) in order to improve and develop our service. The processing itself consists of us anonymizing the now mentioned personal data, i.e. the reports on trends and statistics will not be attributable to you as an individual.
Legitimate interest. The processing is necessary to satisfy our legitimate interest in following up, evaluating and improving our service.
Explicit consent. Any sensitive personal data (e.g. information about your mental or physical health) that you submit as a client in our service will only be processed following your provided explicit consent.
Reports on an aggregated level that do not contain any personal data and statistics are saved until further notice.
To manage and protect our IT systems and services, e.g. for logging, troubleshooting, backup, change and problem management in systems and in connection with any IT incidents, we process your personal data if necessary.
All personal data necessary to fulfill the purpose of the processing.
purpose of the processing. Legitimate interest. The processing is necessary to satisfy our legitimate interest in managing and protecting our IT systems and services.
Personal data is retained during the same period as stated in relation to each separate purpose of processing as set out above. Personal data in logs is retained for troubleshooting and incident management for a period of 12 months from the time of the log event.
In order to manage and respond to legal claims, e.g. in connection with a dispute or a legal process, we must, where applicable, process your personal data.
All personal data necessary to fulfill the purpose of the processing.
Legitimate interest. The processing is necessary to satisfy our legitimate interest in handling and responding to legal claims, e.g. in a dispute and litigation.
Personal data is retained as long as necessary to manage and respond to the legal claim.
We process your personal data in order to fulfill legal obligations that apply to us, e.g. concerning accounting and auditing.
All personal data collected that is necessary to fulfill the respective legal obligation.
Legal obligation. The processing is necessary to fulfill legal obligations that apply to us.
Personal data is retained as long as necessary for us to be able to fulfill the legal obligations that apply to us. Regarding retention requirements according to accounting legislation, we will for example retain such data for a period of seven (7) years after the end of the calendar year in which the financial year ended.
We share personal data with law enforcement agencies (e.g. the police) and external auditors if we are required by law to disclose information.
Legal obligation. The processing is necessary in order to fulfill legal obligations.
We share personal data with banks to be able to handle payment transactions in connection with our services.
Legitimate interest. The processing is necessary in order to satisfy our legitimate interest in carrying out payment transactions.
Potential buyers/ Investors
We share personal data with potential buyers and investors in the event of an investment, acquisition of the business or a merger.
Legitimate interest. The processing is necessary in order to satisfy our legitimate interest in carrying out the investment, acquisition or merger.
Advisors, counterparties, etc.
To be able to handle and respond to legal claims, we share your personal data with external parties.
Legitimate interest. The processing is necessary in order to satisfy our legitimate interest in handling and responding to legal claims.
To fulfill the purposes of the processing of personal data, we share your personal data with service providers engaged by us, such as IT providers (e.g. for operation, technical support and maintenance of IT systems and provider of video solution in our platform) and others who provides services on our behalf. The service providers we have engaged may only process your personal data in accordance with our express instructions and may not use your data for their own purposes. They are also required by law and agreement to take appropriate technical and organizational security measures to protect your data.
We always strive to store and process your personal data within the EU / EEA area. Should your personal data be transferred to and processed in a country outside the EU / EEA area by our service providers, we will ensure that there are safeguards in place, e.g. data transfer agreements and that other necessary measures have been taken to protect personal data.
If you have questions about which countries we, where applicable, transfer your personal data to and the safeguards taken, or if you would like to request a copy of such safeguards and information, please contact us at the contact details below.
The data protection legislation gives you a number of rights in relation to the processing of your personal data.
(i) Right to rectification
Zebrain will take steps in accordance with applicable data protection laws to keep your personal data accurate, complete and up to date. You have the right to correct incomplete or incorrect personal data.
(ii) Right to erasure
Under certain conditions, you have the right to request deletion of your personal data.
(iii) Right to restriction of processing
Under certain conditions, you have the right to restrict the processing of your personal data to only the storage of personal data, e.g. during the time we are investigating whether you are entitled to erasure in accordance with point (ii) above.
(iv) Right of access
You have the right to receive a confirmation from Zebrain that your personal data is processed by us and, if so, to access the personal data and the following information:
In addition to this, you also have the right to receive a copy of your personal data in a commonly used electronic format upon request. Please note that we have the right to charge a fee in case you request more than one (1) copy of your personal data.
(v) Right to object to processing
When processing is carried out on the basis of a legitimate interest or involves direct marketing, you have the right to object to the processing. Zebrain must then present a compelling legitimate ground for continuing the processing.
(vi) Right to data portability
When the processing of your personal data takes place because the processing is necessary to fulfill or enter into an agreement with you, and provided that the personal data has been collected directly from you, you have the right to receive a copy of your personal data in a commonly used machine-readable format.
(vii) Rights in relation to automated decision-making, including profiling
You have the right not to be subject to fully automated decision-making, including profiling, if such decision-making has legal effects or in a similar way significantly affects you.
(viii) Complaints to the supervisory authority
You are welcome to contact us with questions or complaints regarding the processing of your personal data. However, you also always have the right to file a complaint regarding the processing of your personal data to the relevant supervisory authority (in Sweden the Authority for Privacy Protection).
If you have any questions about the processing of your personal data, you are welcome to contact us.
Data controller: Zebrain AB
Postal address: Birger Jarlsgatan 34, 114 29 Stockholm
Phone number: 0768-936265
Below you will find an explanation of the categories of personal data that we may collect and save about you.
Information contained in various logs (e.g. access and action logs) or created / entered in the service by the client (e.g. in "whiteboard" notes, the chat function with coaches and the "client card").
Name, personal identity number
Address, Postal code and E-mail details
Title, Position, Employer/ Company
Information from behavioral analysis
Information from the answers that the client gives in behavioral analysis, e.g. concerning your qualities such as level of inspiration, your drive, your analytical ability and how supportive you are.
Information contained in various logs (e.g. access and action logs) or created / entered in the service by the coach (e.g. the chat function with clients and in notes)
Name, personal identity number
Contact information Address, Postal code and E-mail details
Title, Position, Employer/ Company
Information from behavioral analysis
Information from the answers that the Coach gives in behavioral analysis, e.g. concerning your qualities such as level of inspiration, your drive, your analytical ability and how supportive you are.
Consumers are normally entitled to a fourteen (14) day right of withdrawal when purchasing services via the Internet. When purchasing services, the withdrawal period begins to apply the day after the agreement has been entered into.
In other words, with the exception set out below, consumers who enter into a contract with Zebrain have the right to withdraw from the agreement within fourteen (14) days from the conclusion of the contract between Zebrain and the consumer.
You are aware of and hereby agree that the right of withdrawal does not apply to services performed. If you participate in a meeting with one of our coaches within the withdrawal period, you can therefore not cancel the already completed coach meeting.
If you have entered into an agreement with Zebrain as a consumer and wish to cancel your purchase of services, you must send a clear and unambiguous notice of your decision to withdraw from the agreement (e.g. a letter sent by post or e-mail).
If you wish, you can use the Swedish Consumer Agency's remorse form, which is available at the following link: https://publikationer.konsumentverket.se/kontrakt-och-mallar/angerblankett.
Feel free to email the form or your message that you want to exercise your right of withdrawal to firstname.lastname@example.org.
In order for you to have time to exercise your right of withdrawal in time, it is sufficient that you send your notification that you intend to exercise the right of withdrawal before the withdrawal period has expired.
If you withdraw from the agreement with Zebrain within the withdrawal period stated above (and the exemption for completed services does not apply), Zebrain will refund any amounts we have received as a result of the agreement.
Refunds will be made without undue delay and no later than within fourteen (14) days from the date we were notified of your decision to withdraw from the agreement.
We will use the same means of payment for the refund that the consumer used for payment, unless you have expressly agreed otherwise with us. In any case, the refund will not cost you anything.
Feel free to contact us at email@example.com if you have any questions about the right of withdrawal or how to proceed to exercise the right of withdrawal.
Lastest updated: November 8, 2020