Our mission At Sama, our mission is to provide access to quality professional coaches in the hands of every employee on earth to increase engagement and happiness. Please read these terms carefully so that you understand them. These terms cover the services we provide to you through our app or other platform (“App”) and Websites. When you use the App, you may access the private Sama service. Any reference to “Sama”, “our”, “us” and “Company” are references to Sama Europe Ltd, a limited company registered in England (company number 12526304), the registered office being 71-75 Shelton Street, London WC2H 9JQ. These terms also cover the related websites as set out below (“Websites”): www.sama.io; and other websites that Sama may create in the future. When you use our services, our coaches will serve you from your country of residence or internationally. Sama is not a licensed therapist or healthcare provider and takes no responsibility for the content or quality of the services provided within or in connection with a Coaching session. These terms include details on our complaints procedure and what is required from you to provide theservices. You will be asked to accept these terms as part of your account registration. We may updatethe terms from time to time, and if your rights change we will always notify you of this. If you do not agree to, or cannot comply with, these terms as amended, you should not use the App or Websites. You will be deemed to have accepted these terms as amended if you continue to use the App or Websites after any amendments are made. Our Privacy Policy sets out how your personal information will be used by us, which can be accessed as part of the account registration process, via the App, and on our Websites. The way we work is simple: we’re here to serve you and strive to ensure you have the best possible experience. We hold ourselves to the highest legal and ethical standards and we value hearing from you so if you have any questions or ideas, or if you need to provide notice to us, don’t hesitate to get in touch, please email support@sama.io. We would like to remind you that: A. We provide coaching via our messaging, calls and video sessions. B. Some cases are not suitable for our services and we recommend that you check our FAQ prior to use of the services which may help you in assessing their suitability in relation to your situation. C. We need certain information from you in order to provide services. D. The App is not suitable for unrestricted use by persons under 16. A. About us We provide professional coaching services via our messaging, calls and video sessions with our coaches. Our coaching services are provided using professional coaches (“Coaches”). Our Coaches are freelancers, that have been selected through a thorough selection process. B. Our Services What our services cover, what you agree to, and what you need to check yourself when you use our services General We provide our services using our App and the Websites, and communication methods such as email. Our services include: remote messaging, call and video sessions with our Coaches; the ability to ask questions to our Coaches. All services are currently only provided in English. We and our Coaches do not provide medical or psychotherapeutic advice. For a given indication, Coaches are instructed to refer to the appropriate experts or terminate the coaching relationship. All our services aim to provide or enhance life and professional coaching. They provide information to you based on information you shared. We make no warranties in relation to the output of our services. Sama does not owe a certain success or outcome from its services, but merely provides the contact to Coaches who determine the contents of your coaching sessions individually. You agree to You agree to keep your password and account access protected and not accessible to third parties and accept all associated security risks due to unauthorized access by third parties. You will provide Sama with accurate information for optimal matching. We will match you with the best available Coach given your specific situation, according to the Sama matching algorithm. You agree, that should you not be satisfied with the Coach Sama matches you with, you will request, through the Sama platform, a new Coach and Sama will match you withthe next best match for you. Sama does not guarantee your satisfaction or resolution of the challenge you are looking to address. You agree to treat all of our staff and all Coaches which you come into contact with, with dignity and respect. We do not tolerate any abusive or offensive language or behaviour and reserve the right to terminate your account and block access to the Sama App in the event that you are in breach of this. If the Coach determines that Sama is not your best recourse for the situation you are looking to address, you agree to take required measures to address it. If you know or suspect that anyone other than yourself has obtained access to your account, you must promptly notify Sama Support by emailing support@sama.io. Feedback Sama regularly asks its users for feedback. This feedback is always voluntary and confidential. Sama may use anonymized feedback to improve our services and for reporting purposes while maintaining data protection. Cancellation of a video session If you have pre-booked a video call then this can be cancelled or changed 24 hours before the session. Should you cancel a video session after this time, this will account for a 30 minutes or hour session for your employer, as the case may be. If you are experiencing difficulties cancelling a session or in any other situation then please contact Sama Support at support@sama.io. C. What we need from you in order to provide services We can’t provide our services without certain information and other things from you We can only provide the services in accordance with these terms if you provide us with the information we need in order to help you. You must be careful that: any information you give to us or a Coach, or enter into the App is accurate and in English; you tell us if any of our information about you is or becomes inaccurate or incomplete,including the reasons to seek a Coach; and you use our services only for yourself. You must provide us the email address and phone number for which you wish to receive confirmations, reminders and other notifications from us. In the event your contact details change, you must notify us of your contact details without delay. Other notifications should be communicated via email. By registering for an account in the App, you accept and confirm that your contact details maybe used to send information related to the service via email and push notifications. D. Technical requirements for using the app The App includes software provided by people other than the Company, and uses certain data that you provide to it in order to work The App operates only on iPhone version 4S or higher running iOS 10 or higher, or Android-enabled phones running Android v4.3 or higher. It requires a consistent 4G or faster data connection and does not operate reliably on 3G, GPRS or EDGE connections. We recommend that if you are using a wireless network to access the App, you avoid use of public wi-fi facilities in favour of a personal wi-fi connection, and that the wireless network is secured with WPA-2 security. We recommend that the device from which you access the App is password protected, set to lock after a short period of inactivity, and protected with suitable anti-virus and anti-malware software. Updates to the App will be made available from time to time and you are required to downloadthese to ensure that you can make use of all functionality within the App and that you haveaccepted the latest version of these Terms and Conditions. You may be prevented fromhaving a Coaching session until you have done so. E. Other limits on our service Other limitations and restrictions on the use of services We do not guarantee the availability of any particular Coach at any particular time. We will do what we can to arrange a session with a Coach as soon as possible, but do not guarantee to offer sessions within a particular time. Coaches may use different techniques and provide different advices on the same topic and, provided these approaches are reasonably held, the fact that two or more Coaches have different approaches in the course of service provision does not necessarily indicate that our services are defective. We do not tolerate abuse or offensive behaviour towards Coaches. Our services are designed to be accessed remotely by any of our users, and are not designedfor non-English speakers. We may need to ask you for certain personal information in order to provide our services. If you do not provide this information when requested, we may be unable to provide our services. The App has not been developed to meet your individual requirements. It is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements. We may suspend your access to services or terminate your account with us if your use of services breaches any of these terms. F. Accessing our services How to access our services, and limitations and other terms concerning access Our services are accessed remotely using the internet, data networks and devices which can access the internet (“Infrastructure”) and operate the App and our Websites. We make the App and our Websites available for access using Infrastructure, but are not responsible for Infrastructure ourselves. If you wish to use the services, you should ensure you have an internet-enabled device and a sufficient internet connection available. Technical or security threats or issues affecting the Infrastructure may require us to suspend our services in order to ensure they are secure and/or operating optimally. When you use the App or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices, alerts, prompts, information fields or other information through the App as is necessary to deliver the services to you. We operate anti-virus and malicious software prevention measures on the Websites and our App, but we cannot guarantee that our services will always be virus-free. You should ensure that your devices used to access services are protected against viruses and malicious software. You must not use or expose the App or the Websites to virus or malicious software contamination. You must not attempt to gain unauthorised access to the services, App or Websites. Installation of the App on a device that has had its operating system compromised by the process of Jailbreaking (Apple iOS) or Rooting (Android) is not permitted and may result in the security of your personal data being compromised. G. Changes to these terms What happens if we change these terms We may need to change these terms sometimes, for example, when the rules regulating our services change, in order to ensure that our services are secure and your information is safe, or when we update or modify our services or our Charges. If we make a change to these terms that affects your rights or obligations, we will notify you. H. How we may use your personal information How we use your information We use your personal information in accordance with our Privacy Policy. Please take the time to read it as it includes important details about how we secure and process your data. I. Session files Coaches keep files and this explains why We keep track of your sessions with us to provide you with the best service. Details of how we protectand use such recordings are set out in our Privacy Policy. J. Limitations on service provision Sometimes, you will not be able to receive services – this section explains why We may not be able to provide our services if they are affected by events outside our control. We are not responsible to you if this happens, but if it does, we will notify you as soon as we can and take the steps that we reasonably can to minimise the interruption to our services. If the service agreement between Sama and your employer has been terminated. K. Our liability to you Because these terms are part of a binding legal agreement, we must compensate you for loss you suffer if our service doesn’t comply with these terms. However, we don’t compensate you for all losses. This section is important as it explains those things. If we break any of these terms and you suffer loss or damage, we are responsible for compensating you for that loss or damage if it was a foreseeable result of our breaking of these terms. We are not responsible for compensating you for loss or damage that is not a foreseeable result of breaking these terms. Nor will we be liable for indirect, incidental, special or consequential damages. Other than our Coaching services, our software and services are provided on an ‘as is’ basis without a warranty of any kind being provided by us. If we provide digital content that is defective and damages a device or other digital content belonging to you, and we have not used our reasonable skill and care, we will compensate you or repair the device or content (at our election). We will not be liable for any loss or damage resulting from defective digital content where you have failed to follow our usage instructions or advice in these terms. We supply the services for private personal use and we are not responsible for any losses you suffer arising out of the use of the services which are business losses. We design our services, the App and the Websites to keep your personal health data secure and it is important that you follow the usage instructions and advice in these terms in order to keep your data safe. We are not liable for loss or unauthorised access to your data where it results from you not following these instructions and advice. L. Our brand and creative material The basis on which you use our App, Websites and services We own copyright and other intellectual property rights in the App, Websites, our services andtheir content (“Sama IPR”). You are not permitted to copy, distribute or make any business use of Sama IPR. You must not remove or obscure any notices regarding Sama IPR. The Sama mark, logo, combined mark and logo and other marks indicated in our App are our trademarks of the Company or its affiliates in the United Kingdom and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks of other businesses or our affiliates or Partners. M. Licence and app use You are allowed to use the App but not copy it or distribute it We grant you a limited licence to access and make personal use of the App and not to modify it, or any portion of it, except with our express written consent of the Company. This licence does not include any resale or commercial use of the App or its contents; any derivative use of the App or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The App or any portion of the App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Any unauthorised use terminates the permission or licence granted by the Company. You may not use any logo or other proprietary graphic or trademark of ours, our Partners or affiliates without our express written permission. The App or any Service may contain links to other independent third party websites (“Third party Sites”). Third party Sites are not under our control, and we are not responsible for and do not endorse their content. You will need to make your own independent judgement regarding your interaction with any Third party Sites, including the purchase and use of any products or services accessible through them. If any open-source software is included in the App, the terms of an open-source licence may override some of the terms set out in this section. You acknowledge and agree that Sama’s provision of the necessary platform infrastructure and end user data storage for the services will be through Amazon Web Services (“AWS”). Notwithstanding anything to the contrary in these terms, to the extent that the services includeservices provided by Amazon, Sama shall pass-through the commitments from Amazon with respect to using AWS for the services, and Sama’s sole obligation with respect to the use of AWS with the relevant services is to enforce its rights against Amazon on behalf of itself and you. Sama is not liable to you if Sama is unable to obtain remedies from Amazon. N. Complaints and disputes What happens if you have a complaint about our services or disagree with us about anything to do with these terms You can always give us feedback on our services by calling or emailing us via the details provided in the ‘About’ section above. If you have a complaint about our services, we would like to resolve it as soon as possible. Please tell us about your complaint as soon as you can so that we can do this. If you wish to make a formal complaint about our services, you should do so as soon as possible by calling or emailing us via the details provided in the ‘About’ section above. We may ask you for certain details about you and your complaint in order to address it. Please provide these as soon as you can so that we can resolve your complaint quickly. We will handle your complaint in an appropriate way and following our complaints procedure. We will tell you the outcome of our investigation into your complaint and give you the chance to discuss it with us. If we have done something wrong, we will apologise to you. If any disagreement between you and us arises in connection with these terms, we will attempt to resolve it by discussing it with you. These terms are governed by English law and the English courts shall have exclusive jurisdiction to hear any claim arising out of or in connection with these terms or the use of our products and services. O. Other important terms Other provisions explaining how we may exercise our rights under these terms The agreement between you and us, as set out in these terms, is personal to you and may not be transferred by you to another other person without our express written consent. Only you can enforce these terms. We reserve the right to employ sub-suppliers to fulfil our rights and obligations under these terms.
