Kyan Practice Terms of Use

Kyan Practice Terms of Use

Version 2026-10-22. Effective from 22 October 2026.

These Terms of Use are a contract between Kyan Health AG, a Swiss company limited by shares (Aktiengesellschaft) with its registered office at Falkenstrasse 4, 8008 Zurich, Switzerland, registered in the commercial register of the Canton of Zurich under company identification number (UID) CHE-267.518.768 ("Kyan", "we", "us") and the practitioner or practice that accepts them ("you"). They apply to Kyan Practice, the service through which Kyan builds, hosts and runs your practice website.

The contract is made up of three documents:

• these Terms of Use;
• Annex 1, the Data Processing Annex (the "DPA"); and
• Annex 2, the Pricing Schedule.

If the documents conflict, the DPA governs how we handle personal data on your behalf, the Pricing Schedule governs fees, and these Terms govern everything else.

Key points

This summary is here to help you read the Terms. The numbered clauses below are what count.

• We build and host your practice website, take booking requests and contact messages for you, and read the busy times from a calendar you connect. You decide who you see and when.
• You are the health professional. You must hold and keep every licence and registration your work requires, and everything on your website must be accurate and allowed by the rules of your profession.
• The website is not an emergency service. Nobody at Kyan watches the messages your clients send.
• You own your content. We only use it to run your website and, if you choose, the optional Kyan network features.
• For your clients' data, you are the controller and we are your processor. Booking requests and messages are deleted automatically after 90 days.
• The base service is free for at least the first year after your website goes live, and we do not ask for payment details. After that, the fees in the Pricing Schedule apply. We never charge your clients a surcharge.
• You can leave at any time. We give you your content, help you move your domain, and delete your data on a fixed timetable.
• Swiss law applies. The courts of Zurich decide disputes.

1. Who these Terms are for

1.1 Kyan. The Service is provided by Kyan Health AG, Falkenstrasse 4, 8008 Zurich, Switzerland (UID CHE-267.518.768, commercial register number CH-020.3.049.940-6, VAT number CHE-267.518.768 MWST). Contact details are in clause 27.

1.2 You. Kyan Practice is for health and mental-health professionals in their professional capacity, and for the practices they work in. It is not offered to consumers. If you accept these Terms for a practice (for example a company or a partnership), you confirm that you are authorised to bind it. The practice is then the party to this contract, and you make sure that every practitioner shown on the website complies with these Terms.

1.3 Where the service is available. Kyan Practice is available to practitioners in any country. You remain responsible for holding the permissions required where you practise and for supplying the legal-notice details required there. We do not offer it to "covered entities" under the US Health Insurance Portability and Accountability Act (HIPAA), and we do not sign business associate agreements under this version.

1.4 How you accept. You accept these Terms in the Studio. You enter your legal name, your practice name and your email address, and you confirm two statements: that you have read and accept these Terms, and that you hold the licences and credentials shown on your website. When you accept, we record your name, email address, practice name, the version of these Terms, a SHA-256 fingerprint of their exact text, the date and time on our server, your IP address and your browser's user agent. We keep this record as evidence of our contract and use it for that purpose only. You receive a receipt you can print or save.

1.5 Start. The contract starts when you accept (the "Start Date"). An accepted version cannot be changed. A new version of these Terms needs a new acceptance where clause 23 says so.

2. Words with a special meaning

• Client: a person who visits your website, asks for an appointment, sends you a message or receives services from you.
• Client Data: personal data about Clients that we process for you through the Service, such as booking requests, contact messages and booking holds. The DPA describes it in detail.
• Content: everything shown on your website about you and your practice, such as text, photos, logos, qualifications, prices and opening hours, and everything you send us to put on it.
• Go-live Date: the day your website is first published without a password at its public address.
• Kyan Address: a web address on Kyan's domain, in the form your-name.kyanhealth.com.
• Own Domain: a domain name that you register and control, such as example.com.
• Preview: the password-protected version of your website before it goes live.
• Service: Kyan Practice as described in clause 3, including the Studio and any feature we add later.
• Studio: the page at /studio/ on your preview website, where you review your website, choose its design, request changes, accept these Terms, choose a web address and set up booking.
• Website: the practice website we build and host for you, in every language version.

3. The Service

3.1 What we do. Within the Service, we:

• (a) build your Website from information you give us, from your existing public information or your Kyan network profile if you have one, and from the design and colours you choose;
• (b) host your Website and serve it over an encrypted connection (HTTPS), using the hosting provider named in the DPA;
• (c) show Clients the times you are available and let them send you a booking request (clause 3.2), and give Clients a contact form;
• (d) read the busy times from a calendar you connect, so that those times are not offered (clause 3.3);
• (e) publish your Website at a Kyan Address or at your Own Domain (clause 10);
• (f) make changes to your Website when you ask us (clause 3.4); and
• (g) if you are part of the Kyan network, offer the optional network features in clause 8.

3.2 Booking requests. A booking request is a request, not a confirmed appointment. Available times are calculated from the weekly hours, session types, minimum notice and buffers you set, minus the busy times in your connected calendar and minus times already requested on your Website. A requested time is held for 48 hours so that it is not offered to someone else. If you have connected a calendar and accept a request, add the appointment to that calendar so that the time stays unavailable. We send each request to the notification email address you choose. You decide whether to accept a request, and you confirm, decline or reschedule directly with the Client. Please answer requests promptly, because the Client is told that the practice will confirm by email.

3.3 Calendar connection. To connect a calendar, you give us its private calendar address (an "iCal" or "ICS" link) from your calendar provider. We only read it. We use only the start and end times of events in the booking period. We do not store event titles, descriptions, attendees or locations. We keep the address on our servers only and never show it again in full in your browser. Anyone who has this address can read your calendar, so you share it with us for this purpose only. Some providers only offer a public link (for example a public Apple iCloud calendar), which anyone with the link can open. In that case, consider connecting a calendar that contains only busy blocks. You can disconnect at any time by asking us, or by resetting the private address in your calendar provider. Busy times are refreshed every few minutes. If your provider cannot be reached, your Website may briefly offer a time that is not free, so you remain responsible for confirming each appointment.

3.4 Changes on request. Before your Website goes live, you can request changes in the Studio. After it goes live, you request changes by email to the address in clause 27. Reasonable changes to your Content and design are included in the base fee. We aim to make them within five business days. We may decline, or offer a separate quote for, requests that go beyond a reasonable scope, such as new custom features, or requests that would breach these Terms or the law. We may use software tools, including AI-assisted tools, to prepare drafts and changes. A person at Kyan reviews the changes we make for you before they are published. The changes you make yourself in the Studio, including with its site assistant, are checked before your Website goes live, either by a person at Kyan or by Kyan's automated checks; anything the automated checks flag is reviewed by a person at Kyan before it is published. Please check your Website after each change. Please do not include Client information in change requests.

3.5 Changes we make ourselves. We may update your Website without a request from you to:

• fix errors and keep it secure and working;
• update designs and templates in ways that do not change the meaning of your Content;
• keep required information current, such as crisis and emergency numbers or the privacy notice text we provide; and
• remove or hide Content under clause 6.5 or clause 14.

We will not change the meaning of your professional Content without your approval, except under clause 6.5 or clause 14.

3.6 What the Service is not. Kyan provides software and hosting. We do not provide health care, we are not a party to your relationship with your Clients, and we do not supervise your practice. We do not promise that your Website will bring you Clients or reach any position in search engines.

3.7 Features that are not part of this version. Online payments, video sessions, AI session notes and SMS reminders are not part of the Service at this version. If we make them available to you later, you can choose whether to use them. They will be priced as in the Pricing Schedule and may come with additional terms, which you will see and accept before you use them.

3.8 Development of the Service. We may improve and change the Service. While you pay fees, we will not remove booking requests, the calendar connection or the hosting of your Website without at least 60 days' notice. If such a change affects you materially, you may end the contract before it takes effect and we will refund any fees you paid in advance for the period after the end.

3.9 Third-party services. Your calendar provider, email provider, domain registrar and DNS provider are your own providers. Their terms apply to your use of them, and we are not responsible for them.

4. Preview, password and publication

4.1 Preview. Before it goes live, your Website runs as a Preview at a Kyan-provided address. A password protects it, and search engines are asked not to index it.

4.2 Your password. We send you the Preview password. Keep it confidential. You may share it with people who help you review your Website, such as colleagues or a practice manager, and you are responsible for what they do in the Studio. Tell us straight away if you think someone else has the password. We may change the password at any time, for example for security reasons, and we will send you the new one.

4.3 The Studio. The choices you save in the Studio are used to set up your Website. These include your design, change requests, web address, calendar, booking settings and notification email. The Studio is available only while your Website is a Preview.

4.4 Publication. When you have accepted these Terms and asked for publication in the Studio, we publish your Website. We remove the password and allow search engines to index it. We may delay or refuse publication if we cannot confirm your identity or your licence or registration, or if any Content breaches these Terms or the law. We will tell you why and what is needed.

5. Your responsibilities as a professional

5.1 Licences and registrations. You confirm that you hold, and you agree to keep for as long as your Website is live, every licence, authorisation, registration, protected title and professional liability insurance that your work requires. This applies:

• to every service shown on your Website;
• in every place where you practise; and
• for online sessions, wherever the law of the Client's location requires it.

5.2 Tell us about changes. Tell us within five business days if any licence, authorisation or registration shown on or needed for your Website lapses, is suspended, restricted, revoked or made subject to conditions. Do the same if a regulator or professional body makes a disciplinary finding against you that is relevant to what your Website says. We will then update the Website or take it offline.

5.3 Accurate Content. You are responsible for everything on your Website, including text that we draft for you. Before publication and after every change, check that your Content is true, complete and up to date. This includes:

• your name, titles, qualifications and credentials;
• your professional memberships;
• the services, methods and specialisms you list;
• fees and statements about insurance or reimbursement;
• your address, languages and availability.

Your Website is your professional publication. Drafting by Kyan does not make Kyan its author or publisher for professional or advertising purposes.

5.4 Professional and advertising rules. You comply with the professional codes, advertising rules, consumer-protection rules and price-display rules that apply to you. For example, you must not:

• use a title you are not entitled to use;
• make claims that are untrue, misleading, laudatory or comparative where your rules prohibit them;
• promise or guarantee results; or
• use Client testimonials, reviews or ratings where your rules prohibit them.

Our defaults help with this. For example, public ratings are switched off in countries where they are generally not allowed. These defaults are safeguards, not a check of every rule that applies to you.

5.5 Legal notice and privacy notice. We provide a draft legal notice (imprint) and privacy notice for your Website. You are their author and publisher. Before publication, review and complete them, including anything your rules require, such as:

• your professional chamber or regulator;
• the professional title and the state that awarded it;
• the professional rules that apply to you;
• your VAT number, if you have one.

Keep them accurate afterwards. Tell us when something changes.

5.6 No emergency service. Your Website, its booking feature and its contact form are not an emergency or crisis service. Nobody at Kyan reads or monitors the requests and messages Clients send you. Your Website shows the emergency and crisis numbers for your country. Tell us if they are not right for your Clients. You must have your own way of dealing with urgent or risk-related messages that you receive through your Website, in line with your professional duties. You must not present your Website as offering an immediate response.

5.7 Your practice. You alone are responsible for:

• the services you provide and your clinical decisions;
• consent to treatment, your records and your communication with Clients;
• cancellations, the fees you charge Clients, your invoices and any insurance billing;
• complaints about your services.

5.8 Professional secrecy. You comply with your duty of professional secrecy. Do not put information that could identify a Client into your Content, such as case examples. Do not send Client information to Kyan in change requests, support emails or other messages. If we need to look at a particular booking request to help you, we will find it in our systems.

5.9 Your mailbox and accounts. Booking requests and contact messages are sent to your notification address by ordinary email. Choose a mailbox that meets your professional obligations for receiving Client information. You are responsible for the security of your email account, your calendar account and, if you use one, your Own Domain's registrar and DNS accounts.

5.10 Information we ask for. You will give us the information and documents we reasonably ask for to confirm your identity, your licences and registrations, and your compliance with these Terms.

6. Your Content and our materials

6.1 You own your Content. You keep all rights in your Content. You confirm that you own it or have permission to use it, and that it does not infringe anyone else's rights. For photos, this means the photographer's permission and, if the photo shows other people, their consent.

6.2 What you allow us to do. You give Kyan a non-exclusive, worldwide, royalty-free licence to use your Content as needed to provide the Service. This means we may host, copy, format, translate, resize, crop, display and publish it, on your Website and in the Studio. If you choose network features under clause 8, the licence also covers showing your name, photo, professional title and a short profile with a link to your Website in Kyan's network directory. The licence lasts for as long as the contract runs and during the exit period in clause 16. We will ask your permission before we use your Website or Content to promote Kyan, for example as a showcase.

6.3 Text we draft for you. We may draft text for your Website, for example from your Kyan network profile, your existing website or your messages. Drafts may contain mistakes, so review them before you approve them. Once text drafted for your Website is published, it becomes part of your Content. Any rights Kyan has in it pass to you on publication. Where the law does not allow that, Kyan gives you a permanent, free licence to use it, including after the contract ends.

6.4 Our materials. The Service is owned by Kyan or its licensors. This includes the designs, templates, layouts, software, booking widget, the Studio, the Kyan name and logos, and the text we provide for everyone, such as standard notices. While the contract runs, you may use them as part of your Website. You get no other rights in them. When the contract ends, you keep your Content (clause 16) but not the designs, templates or software.

6.5 Content we may refuse or remove. We may refuse to publish, hide or remove Content that we reasonably believe:

• is unlawful, infringes someone's rights or breaches these Terms; or
• puts Clients or the public at risk.

Where we can, we tell you first and give you a chance to fix it. When we cannot, we tell you as soon as possible afterwards.

6.6 Feedback. If you send us ideas or suggestions about the Service, we may use them freely and without payment.

7. Kyan attribution

7.1 Attribution on your Website. Every Website shows a "Powered by Kyan Health" line, and the booking feature shows "Secure booking by Kyan". If you are part of the Kyan network, your Website also shows a "Part of the Kyan Health network" badge while you are part of it. Attributions may link to Kyan's website. Their wording, position and design may change, and they are kept modest.

7.2 No removal. You must not remove, hide or change the attribution, or ask anyone else to do so.

7.3 No misleading connection. You may say that your Website runs on Kyan Practice. Do not suggest that Kyan employs you, endorses your clinical services or is responsible for them, beyond what is true.

8. Optional Kyan network features

8.1 What they are. If you are a counsellor in Kyan's network, we may offer you:

• the network badge in clause 7.1;
• a note and link for Clients whose employer offers Kyan Health, so that they can see you through that benefit;
• a listing in Kyan's network directory;
• an indicator that Kyan has checked a credential; and
• aggregate ratings from sessions held through Kyan, where clause 8.4 allows them.

8.2 Your choice. We switch on network features only with your agreement, and you can ask us to switch any of them off at any time. The badge reflects your network status, so it ends when you leave the network.

8.3 Your network agreement. These Terms do not change your separate agreement with Kyan as a network counsellor. If someone who contacts you through your Website is entitled to sessions through Kyan and wants to use that benefit, follow your network agreement.

8.4 Ratings. Aggregate ratings are shown only:

• if public ratings are allowed in your country and under your professional rules;
• if you opt in; and
• if enough ratings exist.

They are calculated by Kyan from sessions held through Kyan. You must not try to influence ratings.

8.5 Credential checks. A "checked by Kyan" or "verified" indicator means only that Kyan checked a public register or the documents you gave us on the date shown. It does not move any of your responsibilities under clause 5 to Kyan.

9. Client data and privacy

9.1 Roles. For Client Data, you are the controller and Kyan is your processor. The DPA in Annex 1 sets out how we process Client Data on your behalf and forms part of this contract.

9.2 Where Kyan is controller. Kyan is the controller of the personal data it processes about you to run its business. This covers your account and contact details, Studio activity, the acceptance record in clause 1.4, billing data, support messages and security logs. Kyan's privacy policy at https://www.kyanhealth.com/privacy-policy explains how we handle that data.

9.3 Health information. A request to see a therapist can reveal information about a person's health, which the law treats as sensitive. The forms on your Website ask only for what is needed to arrange an appointment and ask Clients not to include detailed health information. Do not ask Clients to send clinical information through your Website.

9.4 Retention. Booking requests and contact messages are kept in the Website's form storage for no more than 90 days and are then deleted automatically. You receive a copy of each by email. You are responsible for moving anything you need into your own records.

9.5 Your privacy notice. You are responsible for giving Clients the privacy information the law requires. Clause 5.5 covers the draft we provide.

9.6 What we never do. We do not sell Client Data or use it for advertising. We do not use it to train AI models, and we do not combine it with other data Kyan holds. The DPA sets out the details.

10. Your web address and domains

10.1 Kyan Address. If you choose a Kyan Address, we agree the name with you and create the DNS record ourselves. The Kyan Address belongs to Kyan. You may use it while the contract runs, but you cannot transfer it. We may change it for good reason, such as a conflict with someone else's rights or a risk of confusion. If we do, we give you reasonable notice and, where possible, redirect the old address.

10.2 Own Domain. If you choose your Own Domain:

• you register it, pay for it and remain its owner;
• you manage its DNS settings. We show you the exact records to create, and our check reports whether they are found;
• once the records are correct, we add the domain to your Website, and our hosting provider issues the security certificate automatically.

We never need access to your registrar or DNS account. Keep your domain renewed. Change only the records we give you, because other changes can affect your email or other services. We are not responsible for problems caused by your registrar, by your DNS settings or by your domain expiring.

10.3 Other domains. Do not point any other domain at your Website or at Kyan's hosting without our agreement.

10.4 Registration by Kyan. Under this version, Kyan does not register domains for you. If we offer that later, the domain will be registered in your name and transferred to you on request.

11. Fees, trial, payments and taxes

11.1 Fees. The fees are set out in the Pricing Schedule in Annex 2.

11.2 Preview is free. You pay nothing while your Website is a Preview. If your Website never goes live, you owe nothing.

11.3 Free trial. The base fee is free for at least the first year after your Go-live Date. You do not need to add a payment method to start. The Pricing Schedule lists what is included during the trial. We will remind you by email at least 14 days and again 3 days before the trial ends.

11.4 After the trial. If you have added a payment method, your monthly subscription starts automatically when the trial ends. It renews every month until you or we end it. If you have not added a payment method when the trial ends:

• (a) for 14 days your Website keeps working normally, and we remind you by email;
• (b) after that, your Website stays online in limited mode, where booking is replaced by an invitation to contact you by email;
• (c) if you still have not added a payment method 44 days after the trial ends, we take your Website offline and the contract ends on that day. Clause 16 then applies.

Until the contract ends, adding a payment method restores everything.

11.5 Billing. The subscription is billed monthly in advance. Usage-based fees for optional features, if you use them, are billed monthly in arrears. We send invoices by email. Payments are collected by our payment provider (Stripe) with the method you choose among those we offer. You authorise us to charge that method for the fees due.

11.6 Failed payments. If a payment fails, our payment provider retries it for about two weeks and we tell you by email. If it still fails, we may put your Website in limited mode as in clause 11.4(b). If the amount stays unpaid for 30 days after our written reminder, we may suspend the Service under clause 14.

11.7 Taxes. All prices exclude VAT and other sales taxes. We add them where we must charge them. Give us your correct billing address and, if you have one, your VAT number, because they decide how tax is charged. Many therapists are exempt from VAT and cannot reclaim it, so the VAT we charge may be a real cost for you. You are responsible for your own taxes, including taxes on what you earn from Clients.

11.8 Payments from Clients. At this version, the Service does not process payments from Clients. If you later turn on online payments, the following will apply:

• you are the seller to your Clients;
• the payment provider charges its own fees to your payment account;
• Kyan's fee is deducted as shown in the Pricing Schedule;
• the payment provider's own terms apply, which you accept when you set up your payment account.

11.9 No surcharges for Clients. You must not add a fee for paying by card or any other payment method through the Service. Clients pay the price you list. If you want to cover your costs, set your prices accordingly.

11.10 Price changes. We may change the fees with at least 30 days' notice by email. A change applies from your first billing month that starts after the notice period ends. If you do not agree, you may end the contract before the change takes effect. Clause 23.3 does not apply to price changes made under this clause.

11.11 Refunds. Fees already paid are not refunded when you end the contract, except where these Terms say otherwise or the law requires it. If we end the contract under clause 15.3, or because of a breach by us, we refund fees paid for the period after the end.

12. Availability and support

12.1 Best effort. We use reasonable efforts to keep your Website and the booking feature available at all times. We do not guarantee that they will always be available or free of errors, and this version includes no service levels or service credits. The Service depends on our hosting provider and on the internet.

12.2 Maintenance. Where we can, we announce planned maintenance that may interrupt the Service.

12.3 Email delivery. We cannot guarantee that every notification email reaches you, because delivery depends on email providers. Check your spam folder. If you think a request has gone missing, tell us. We can check the requests stored for your Website in the last 90 days.

12.4 Support. You can reach support by email at the address in clause 27. Support is available on Swiss business days, Monday to Friday, 09:00 to 17:00 Zurich time. We aim to reply within two business days. Security incidents and outages of your Website take priority.

12.5 Content versions. We keep the current and earlier versions of your Website's Content, so that we can restore it if something goes wrong.

13. Acceptable use

You must not use the Service, or let anyone else use it, to:

• (a) publish Content that is unlawful, deceptive, discriminatory, hateful, sexually explicit or harmful, or that encourages self-harm;
• (b) claim a qualification, title, licence, registration or membership you do not hold, offer services you are not allowed to provide, or pretend to be someone else;
• (c) publish personal data about Clients or other people without a legal basis;
• (d) collect more information through your Website than you need to arrange appointments and answer enquiries, or use the forms for marketing or unsolicited messages;
• (e) advertise or sell products unrelated to your practice, or medicinal products where advertising them is restricted;
• (f) add surcharges for payment methods (clause 11.9);
• (g) upload malicious code, or try to get around the password, access controls or rate limits;
• (h) access other practitioners' websites or data, or probe, scan or load-test the Service without our written permission;
• (i) copy, scrape or reverse-engineer the Service, except where the law allows it despite this clause;
• (j) resell the Service or run websites on it for other people; or
• (k) connect a calendar that you are not entitled to share.

14. Suspension

14.1 When we may suspend. We may suspend the Service in whole or in part if:

• (a) your licence, authorisation or registration has lapsed, been suspended or been revoked, or we have reasonable grounds to doubt that you hold it;
• (b) Content is unlawful or puts Clients or the public at risk;
• (c) there is a security threat or an attack on your Website or the Service;
• (d) a court, regulator or the law requires it;
• (e) fees remain unpaid as described in clause 11.6; or
• (f) you seriously breach these Terms.

Suspension can mean, for example, taking the booking feature offline, putting your Website back behind a password, or taking it offline.

14.2 How we suspend. We tell you before we suspend, if we reasonably can, and otherwise straight afterwards. We explain why and what you can do. We limit the suspension to what is necessary and lift it promptly once the reason has gone. While your Website is offline, its address may show a neutral notice that the website is temporarily unavailable, together with emergency numbers.

14.3 Fees during suspension. If we suspend because of something you did or failed to do, fees continue to be due. Otherwise they do not.

15. Term and ending the contract

15.1 Term. The contract runs from the Start Date until you or we end it.

15.2 Ending by you. You may end the contract at any time by email to the address in clause 27. During the free trial, or before your Website goes live, it ends when we receive your email. Otherwise it ends at the end of the billing month in which you tell us, unless you choose a later date.

15.3 Ending by us with notice. We may end the contract for any reason with 60 days' notice by email.

15.4 Ending for breach. Either of us may end the contract with immediate effect by email if the other seriously breaches it and does not fix the breach within 14 days after being asked in writing. If the breach cannot be fixed, there is no waiting period.

15.5 Ending immediately by us. We may also end the contract with immediate effect if:

• you lose the right to practise;
• you seriously endanger Clients;
• you act fraudulently; or
• insolvency or bankruptcy proceedings are opened against you or the practice.

15.6 Leaving the Kyan network. If your agreement as a Kyan network counsellor ends, the network features in clause 8 stop. The rest of the Service continues under these Terms, unless you end the contract.

16. Exit: what happens when the contract ends

16.1 Your Website. We take your Website offline on the day the contract ends. If you ask before that day, we can keep it online for up to 30 more days while you move to a new provider. The fees continue for that time, unless your trial is still running.

16.2 Your data and Content. For 30 days after the contract ends (the "exit period"), you can ask us for:

• (a) your Content, as a structured data file together with the photos and files you gave us; and
• (b) the booking requests and contact messages still stored. Anything older than 90 days will already have been deleted.

We send the export within five business days of your request.

16.3 Your Own Domain. Change your DNS records to point to your new provider, and remove any records that point to Kyan's hosting. Records left pointing to a hosting service you no longer use can be taken over by others. We remove your domain from our hosting within five business days after the contract ends, or sooner if you ask.

16.4 Your Kyan Address. A Kyan Address cannot be transferred. If you ask, the address will show a short notice with a link to your new website for 90 days after the contract ends. We will not give the same Kyan Address to another practitioner for at least 12 months.

16.5 Deletion timetable. After the contract ends, we delete data as follows:

On request, we confirm deletion in writing. Copies of notification emails in your own mailbox are under your control.

16.6 What continues. Clauses that by their nature should continue after the contract ends do continue. These include clauses 6.3, 9, 11 (for amounts already due), 16 and 18 to 26, and the DPA until all Client Data is deleted.

17. Our commitments to you

We will provide the Service with reasonable skill and care and as described in these Terms. We will comply with the data protection laws that apply to us as your processor.

18. Confidentiality

18.1 Confidential information. Each of us keeps confidential the non-public information of the other that is marked as confidential or that should reasonably be understood to be confidential. This includes your Preview password, any individual pricing agreed with you, and non-public information about Kyan's products and plans. We each use such information only for this contract. We each share it only with people who need it for this contract and who are bound by confidentiality.

18.2 Exceptions. Clause 18.1 does not apply to information that:

• is or becomes public through no fault of the receiving party;
• the receiving party already had;
• the receiving party develops independently; or
• the receiving party lawfully receives from someone else.

Either of us may also disclose information when the law or an authority requires it. Where the law allows, the disclosing party tells the other first.

18.3 Duration. This duty lasts for the contract and three years after it ends. For trade secrets, it lasts for as long as they remain secret.

18.4 Client Data. The stricter rules of the DPA and professional secrecy apply to Client Data.

19. What we do not promise

Beyond what clause 17 and the DPA say, and as far as the law allows, we provide the Service as it is and as available. In particular, we do not promise that:

• the Service will be uninterrupted or free of errors;
• the calendar connection or the holds will prevent every double booking;
• your Website will attract Clients or rank in search engines; or
• our templates, drafts, defaults and checks satisfy every professional, legal or tax rule that applies to you.

Kyan does not advise you on the professional, legal or tax rules that apply to your practice. Our templates and checks are tools to help you, and they do not replace your own check.

20. Limitation of liability

20.1 No limit. Nothing in these Terms limits liability for:

• intent or gross negligence;
• death or personal injury caused by negligence;
• liability under product liability law; or
• any other liability that the law does not allow to be limited.

Nothing in these Terms limits your obligation to pay fees, or your obligations under clause 21.1.

20.2 Types of loss. In all other cases, neither of us is liable for indirect or consequential loss, loss of profit, revenue, Clients or goodwill, or damage to reputation. Kyan is not liable for loss of data beyond the reasonable cost of restoring it from the most recent available copy.

20.3 Amount. In all other cases, Kyan's total liability for all claims arising in one calendar year is limited to the higher of:

• the fees you paid Kyan in the 12 months before the event that caused the claim; and
• CHF 1,000.

For claims arising from a breach of the DPA or clause 18, this limit is the higher of those fees and CHF 5,000.

20.4 Who the limits protect. These limits also protect Kyan's employees, auxiliaries and sub-processors, as far as the law allows.

20.5 Things we are not responsible for. Kyan is not responsible for:

• your Content;
• the services you provide to Clients;
• your calendar, email, registrar or DNS providers; or
• events under clause 22.

21. Indemnities

21.1 By you. You will compensate Kyan for, and defend Kyan against, claims by third parties (including Clients, regulators and professional bodies) and the reasonable costs that follow from them, to the extent they arise from:

• (a) your Content, including claims that it infringes someone's rights or breaches advertising rules;
• (b) the services you provide to Clients;
• (c) your breach of clause 5 or clause 13; or
• (d) your breach of your obligations as controller of Client Data.

Fines are covered only as far as the law allows.

21.2 By Kyan. Kyan will compensate you for, and defend you against, claims by third parties that the designs, templates or software Kyan provides infringe their intellectual property rights. If such a claim is made, or appears likely, Kyan may:

• get the rights needed for you to keep using the material;
• change or replace the material; or
• if neither is reasonably possible, end the affected part of the Service and refund fees paid in advance for it.

This clause does not cover your Content, or changes that someone other than Kyan makes to Kyan's material. Kyan's obligations under this clause are subject to clause 20.

21.3 How it works. The party asking for protection:

• tells the other party promptly about the claim;
• lets the other party control the defence and any settlement;
• helps with the defence at the other party's cost; and
• does not admit the claim or settle it without the other party's consent.

A settlement that requires the protected party to admit fault or to act needs that party's consent, which it may not refuse unreasonably.

22. Events outside our control

Neither of us is responsible for a delay or failure caused by events beyond reasonable control. Examples are failures of hosting, network or power providers that we could not reasonably avoid, attacks, natural disasters, epidemics, war, strikes and acts of authorities. The affected party tells the other party and does what it reasonably can to limit the effects. If such an event stops the Service for more than 30 days in a row, either of us may end the contract by email.

23. Changes to these Terms

23.1 Versions. Each version of these Terms has a version number and a date. You can always see the version you accepted, its fingerprint and your acceptance record.

23.2 Changes that do not reduce your rights. We may make changes that do not reduce your rights or increase your obligations. Examples are clarifications, new optional features, changes required by law, security changes and changes in your favour. We announce them by email at least 30 days before they take effect, or sooner where the law or security requires it. They do not need a new acceptance. Changes to the list of sub-processors follow the DPA.

23.3 Other changes. All other changes are material, including any change that reduces your rights or increases your obligations. We announce them by email at least 30 days before they take effect, and they apply to you only once you accept them in the same way as clause 1.4. Until you accept, the version you accepted continues to apply. If you have not accepted a new version within 30 days after we asked you, we may end the contract with 30 days' notice. If we do, we refund fees paid for the period after the end.

24. Notices

We send notices to the email address you gave when you accepted these Terms. Keep it up to date. You send notices to the email address in clause 27. Notices by email are valid. A notice is received when it reaches the recipient's mailbox during business hours, or otherwise at the start of the next business day.

25. General

25.1 Whole agreement. This contract is the whole agreement between us about Kyan Practice. It replaces earlier discussions about it. Your own terms, such as terms on a purchase order, do not apply.

25.2 Transfer. You may not transfer this contract without our written consent. We may transfer it to a company in Kyan's group, or to a buyer of the relevant business, if we tell you in advance and your rights under this contract, including the DPA, are not reduced.

25.3 Subcontractors. We may use subcontractors to provide the Service. We remain responsible for them. Sub-processors of Client Data are governed by the DPA.

25.4 Independent parties. Nothing in this contract creates an employment relationship, partnership or agency between us.

25.5 Severability. If any part of this contract is invalid, the rest remains valid. The invalid part is replaced by a valid provision that comes as close as possible to its purpose.

25.6 No waiver. If one of us does not enforce a right straight away, that does not mean the right is given up.

25.7 Language. This contract is written in English. If we give you a translation, the English text prevails.

25.8 Electronic form. Acceptance in the Studio and notices by email meet any requirement for a written or text form, as far as the law allows.

26. Governing law and courts

26.1 Governing law. This contract is governed by Swiss law. Swiss conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods do not apply.

26.2 First, talk. If a dispute arises, we will first try to settle it in good faith for 30 days after one of us describes the dispute in writing to the other. Either of us may still ask a court for urgent interim measures at any time.

26.3 Courts. The courts at Kyan's registered office in Zurich, Switzerland, have exclusive jurisdiction. Kyan may also bring proceedings at your registered office or domicile. Mandatory rules on jurisdiction remain unaffected.

27. Contact

Kyan Health AG, Falkenstrasse 4, 8008 Zurich, Switzerland.

• Support, change requests, ending the contract and other notices under these Terms: support@kyanhealth.com (please put "Kyan Practice" in the subject line).
• Data protection: privacy@kyanhealth.com. Kyan's data protection officer is TechGDPR DPC GmbH, kyanhealth.dpo@techgdpr.com.
• Everything else: hello@kyanhealth.com.

Annex 1: Data Processing Annex

Version 2026-10-22. This Annex is part of the Kyan Practice Terms of Use (the "Terms"). Words defined in the Terms have the same meaning here. "Kyan" is Kyan Health AG, Falkenstrasse 4, 8008 Zurich, Switzerland. "You" are the practitioner or practice that accepted the Terms.

1. Purpose and the law that applies

1.1 Roles. You are the controller of Client Data. Kyan processes Client Data on your behalf as your processor.

1.2 Laws. This Annex is the processing contract required by:

• article 9 of the Swiss Federal Act on Data Protection (FADP);
• article 28 of the EU General Data Protection Regulation (GDPR), where the GDPR applies to the processing; and
• article 28 of the UK GDPR, where it applies.

"Data Protection Law" means whichever of these laws apply. Terms such as "personal data", "processing", "data subject" and "personal data breach" have the meaning those laws give them. "Sensitive personal data" includes data concerning health.

1.3 Kyan's EU representative. Kyan's representative in the European Union under article 27 GDPR is Kyan Health GmbH, Kollwitzstrasse 76, 10435 Berlin, Germany (privacy@kyanhealth.com).

2. Subject matter, duration, nature and purpose

2.1 Subject matter. The processing of Client Data needed to provide the Service described in clause 3 of the Terms.

2.2 Duration. For as long as the Terms are in force, and afterwards until Kyan has deleted the Client Data under section 12.

2.3 Nature and purpose. Kyan processes Client Data only to:

• (a) host your Website and deliver it to visitors;
• (b) receive booking requests and contact messages sent through your Website, store them, filter spam, and send them to your notification email address;
• (c) work out which times to offer, by holding requested times and reading the busy times in your connected calendar;
• (d) give you support you ask for, such as finding a request that did not reach you;
• (e) export Client Data for you and delete it; and
• (f) keep the Service secure and protect it from abuse.

3. Data subjects and categories of data

3.1 Data subjects. Client Data relates to:

• visitors to your Website;
• prospective and existing Clients who send a booking request or a message, and any person a Client books for, for example a partner in couples therapy or a child;
• people who appear in the events of your connected calendar, only for the moment described in section 3.2(d).

3.2 Categories of data.

• (a) Booking requests: name, email address, phone number (optional), preferred language, session type, meeting format (online, in person or by phone), requested date and time, the visitor's time zone, the language of the page used, the free-text message (optional), the consent confirmation and the time of sending.
• (b) Contact messages: name, email address, message, the consent confirmation and the time of sending.
• (c) Booking holds: the requested time and the time the hold ends, with no more information about the Client than is needed to manage the hold.
• (d) Calendar data: when Kyan reads your calendar, the downloaded feed may contain event details, such as titles that name Clients. Kyan processes these only in working memory and keeps only the start and end times of busy periods. Everything else is discarded immediately. Busy times are kept in a short-lived cache for a few minutes and are not stored permanently.
• (e) Technical data: IP address, browser type (user agent) and similar connection data. The hosting provider processes these to deliver your Website, keep it secure and filter spam.

3.3 Sensitive data. A request to see a therapist can reveal that a person is seeking mental-health care, and Clients may include health information in a message. Client Data may therefore contain sensitive personal data (FADP), special categories of personal data (article 9 GDPR) and information protected by professional secrecy. Your Website's forms ask Clients not to include detailed health information.

4. Your instructions

4.1 What counts as instructions. Kyan processes Client Data only on your documented instructions. These are:

• the Terms and this Annex;
• the settings you choose in the Studio; and
• any other instructions you give in writing (email is enough) that are consistent with the Terms.

This includes instructions about transfers to other countries.

4.2 Instructions that may be unlawful. Kyan tells you straight away if it believes an instruction breaks Data Protection Law. Kyan does not have to carry out such an instruction until you confirm or change it.

4.3 When the law requires processing. If a law that applies to Kyan requires other processing, Kyan tells you before it starts, unless that law forbids it.

5. What Kyan will not do

Kyan will not:

• (a) use Client Data for its own purposes;
• (b) sell Client Data, share it for advertising or use it for marketing or profiling;
• (c) use Client Data to train or improve AI models, or let anyone else do so; or
• (d) combine Client Data with other data Kyan holds, including data from Kyan's employee-assistance services.

Kyan may count booking requests and messages per Website, without any personal data, to run and bill the Service.

6. Confidentiality and professional secrecy

6.1 People who process Client Data. Only Kyan personnel who need access to perform the Service have it, and only to the extent needed. They are bound in writing to confidentiality and to professional secrecy, and that duty continues after they leave Kyan. They are told that disclosing secrets protected by professional secrecy can be a criminal offence.

6.2 Kyan's role in your secrecy. Kyan acknowledges that Client Data may be protected by your professional secrecy, for example under article 321 of the Swiss Criminal Code or section 203 of the German Criminal Code. Kyan takes part in your professional activity only to the extent needed to provide the Service. Kyan keeps such information secret and accesses it only as far as needed for the purposes in section 2.3.

6.3 Sub-processors. Sub-processors are bound to confidentiality by their data processing terms with Kyan.

7. Sub-processors

7.1 Authorisation. You authorise Kyan to engage the sub-processors listed in section 7.6. Kyan's main sub-processor engages its own sub-processors, as described there.

7.2 Changes. Kyan tells you by email at least 30 days before it adds or replaces a sub-processor that processes Client Data. The notice says who the sub-processor is, what it does and where it processes data. If a sub-processor must be replaced urgently, for example because it has stopped its service or poses a security risk, Kyan tells you as soon as possible.

7.3 Objections. You may object to a change on reasonable data-protection grounds within the notice period. Kyan will then try to find a solution with you. If none is found before the change takes effect, you may end the Terms with effect on that date. Kyan then refunds fees paid in advance for the period after the end.

7.4 Obligations passed on. Kyan engages sub-processors only under a written contract that protects Client Data at least as well as this Annex in substance. Where Kyan uses a provider's standard terms, Kyan checks that they meet the requirements of Data Protection Law for processors.

7.5 Kyan's responsibility. Kyan remains responsible to you for its sub-processors' performance of their data-protection obligations, within the limits of clause 20 of the Terms.

7.6 Current sub-processors.

Google uses its own affiliates and sub-processors for its cloud infrastructure. It publishes its current list at https://cloud.google.com/terms/subprocessors.

For the early Previews, Netlify uses its own sub-processors. The ones that may process Client Data for the Service are:

• Automattic, Inc. (Akismet), USA: spam filtering of every form submission, including its content, IP address and user agent;
• Amazon Web Services and Google Cloud: cloud infrastructure for computing and storage;
• SendGrid: delivery of email.

Netlify publishes its full, current list of sub-processors in its trust center at https://www.netlify.com/trust-center.

7.7 Who is not a sub-processor. The following providers are not Kyan's sub-processors:

• your calendar provider, your email provider, and your domain registrar and DNS provider, because you choose them and have your own contracts with them;
• any provider a Client chooses, such as the calendar service a Client uses to save an appointment;
• the provider that hosts DNS for kyanhealth.com, because Kyan Address records contain no Client Data;
• PostHog Inc., which Kyan uses as its own controller for the visitor analytics on the Websites, which run only with the visitor's consent (Kyan's privacy policy, section 6.4). These analytics are not Client Data.

8. Transfers to other countries

8.1 Where data goes. Client Data is stored in Switzerland (Zurich). Google delivers your Website, and keeps its request logs, through its worldwide infrastructure, which can process data in any country where Google operates, including the United States. For the early Previews hosted by Netlify, Client Data is processed in the European Economic Area and the United States. Section 7.6 has the details. Kyan does not move Client Data to any other country except through the procedure in section 7.2.

8.2 Safeguards. Transfers outside Switzerland and the European Economic Area are covered by the standard contractual clauses in the sub-processors' data processing terms (Google's Cloud Data Processing Addendum and Netlify's data processing agreement). These are the EU clauses (Commission Implementing Decision (EU) 2021/914), with the adaptations required for Switzerland and the United Kingdom. Google LLC and Netlify, Inc. are also certified under:

• the EU-U.S. Data Privacy Framework (adequacy decision (EU) 2023/1795);
• the Swiss-U.S. Data Privacy Framework (recognised by the Swiss Federal Council with effect from 15 September 2024); and
• the UK Extension to the EU-U.S. Data Privacy Framework.

If one of these safeguards stops applying, Kyan takes any other steps Data Protection Law requires.

8.3 Data you send to Kyan. Kyan is established in Switzerland. The European Commission and the United Kingdom recognise Switzerland as providing adequate protection, so no further safeguard is needed for Client Data that you or your Website send to Kyan.

8.4 Requests from authorities. If a public authority asks Kyan for Client Data, Kyan:

• tells you, unless the law forbids it;
• discloses only what it is legally required to disclose; and
• challenges requests it considers unlawful.

9. Security

9.1 Kyan's measures. Kyan takes appropriate technical and organisational measures to protect Client Data, taking into account:

• the state of the art and the cost of implementation;
• the nature, scope, context and purposes of the processing; and
• the risks to Clients, including those that arise from sensitive data.

The measures in place at this version are summarised in section 15. Kyan may change them, provided the overall level of protection does not fall.

9.2 Your part. You are responsible for the security of your own side, including the Preview password, your notification mailbox and your calendar account.

10. Personal data breaches

10.1 Notice. Kyan tells you without undue delay after becoming aware of a personal data breach affecting Client Data. Where feasible, it does so within 48 hours.

10.2 What Kyan tells you. As far as the information is available, Kyan tells you:

• the nature of the breach;
• the categories and approximate number of data subjects and records concerned;
• the likely consequences;
• the measures taken or proposed; and
• a contact person.

Kyan sends information in stages if it is not all available at once.

10.3 Next steps. Kyan takes reasonable steps to contain the breach and limit its effects. It helps you with any notification you must make to an authority or to Clients. Kyan does not notify authorities or Clients on your behalf unless you instruct it to or the law requires it. Kyan documents every breach.

11. Helping you

11.1 Requests from data subjects. If a Client contacts Kyan to exercise their rights, Kyan forwards the request to you without undue delay and does not answer it itself, except to refer the Client to you. When you ask, Kyan helps you to find, export, correct or delete a specific Client's booking requests and messages within five business days.

11.2 Other help. Kyan gives you the information it has that you reasonably need for:

• security;
• breach notification;
• data protection impact assessments; and
• consultations with a supervisory authority.

11.3 Records. Kyan keeps the records of processing activities that Data Protection Law requires of processors.

12. Deletion and return

12.1 While the Terms run. The following deletion rules apply:

• (a) Booking requests and contact messages, including those marked as spam, are deleted automatically 90 days after they arrive. Kyan deletes them sooner if you ask.
• (b) Booking holds are deleted once the held time has passed or the hold has ended. They are deleted no later than 30 days after the requested time.
• (c) Your calendar address is deleted within 7 days after you disconnect your calendar.

12.2 At the end. When the Terms end, you can ask for an export of the Client Data still stored during the exit period in clause 16 of the Terms. Kyan then deletes all remaining Client Data within 30 days after the exit period ends. Residual copies in backups are kept out of use and deleted in the normal cycle. On request, Kyan confirms the deletion in writing.

12.3 Legal duties to keep data. If a law that applies to Kyan requires it to keep Client Data, Kyan keeps only that data, only for the required period, and only for that purpose.

12.4 Email copies. Notification emails already delivered to your mailbox are under your control and are not covered by this section.

13. Information and audits

13.1 Information. On request, Kyan makes available the information needed to show that it meets this Annex. This includes:

• this Annex and the security summary in section 15;
• the certifications and audit reports of its sub-processors, as far as they allow them to be shared (Google Cloud is certified to ISO/IEC 27001, ISO/IEC 27017 and ISO/IEC 27018 and has SOC 2 reports; Netlify is certified to ISO/IEC 27001 and ISO/IEC 27018 and has a SOC 2 report); and
• answers to a reasonable security questionnaire once a year.

13.2 Audits. If that information is not enough, you, or an independent auditor bound by confidentiality, may audit Kyan's compliance with this Annex. The following conditions apply:

• you give 30 days' notice;
• the audit takes place during business hours;
• you may audit no more than once in 12 months, unless there has been a personal data breach or a supervisory authority requires an audit;
• you bear your own costs.

Sub-processors are audited through their own reports and certifications.

14. Other terms

14.1 Liability. Clause 20 of the Terms applies to this Annex. Nothing in this Annex limits the rights that data subjects have under Data Protection Law.

14.2 Precedence. For Client Data, this Annex prevails over the rest of the Terms. Where standard contractual clauses apply, they prevail over this Annex.

14.3 Changes. This Annex can only be changed in the way described in clause 23 of the Terms. Changes to the sub-processor list follow section 7 instead.

14.4 Contact. Kyan's privacy contact is privacy@kyanhealth.com. Kyan's data protection officer is TechGDPR DPC GmbH, kyanhealth.dpo@techgdpr.com.

15. Summary of security measures

Annex 2: Pricing Schedule

Version 2026-10-22. This Schedule is part of the Kyan Practice Terms of Use (the "Terms"). Words defined in the Terms have the same meaning here. All prices are per practitioner and exclude VAT and other sales taxes, which are added where Kyan must charge them (clause 11.7 of the Terms).

1. Your billing currency

Your currency is fixed when your first invoice is issued.

2. Fees

Features marked "No" are not part of the Service at this version. If Kyan makes one available to you, you choose whether to use it (clause 3.7 of the Terms), and the price above applies.

3. Monthly caps

Usage fees stop for the rest of the calendar month once a cap is reached.

Fair use. The caps cover normal use by one practitioner, up to 10,000 video participant-minutes and 150 AI session notes per month. Above that, Kyan will contact you to agree how to continue.

4. Free trial

• The base fee is free for at least the first year after your Go-live Date. The days your Website spends as a Preview do not count.
• You do not need a payment method to start.
• During the trial, the following are included free of charge, where available: 1,000 video participant-minutes and 10 AI session notes.
• Kyan's fee on online card payments is waived during the trial. The payment provider's own fee still applies.
• If you use more than the included amounts during the trial, you need a payment method, and the extra use is charged at the prices in section 2.
• There is one free trial per practitioner.
• What happens at the end of the trial is set out in clause 11.4 of the Terms.

5. Kyan network credit

If you are a counsellor in Kyan's network, the base fee is waived for any calendar month in which you complete at least four sessions with clients through Kyan's employee-assistance services. Usage fees and caps still apply. Sessions held through Kyan's employee-assistance services are never charged to you as Kyan Practice usage.

6. How you are billed

• The base fee is billed monthly in advance. Usage fees are billed monthly in arrears, on the same invoice.
• Invoices are sent by email and paid with the payment method you choose among those Kyan offers.
• Kyan's fee on online card payments is deducted from each payment when it is made. Kyan sends you a monthly statement of these fees and of any VAT included in them.
• If you refund a Client, Kyan refunds its fee on that payment in proportion to the amount refunded. If you lose a payment dispute, Kyan refunds its fee on that payment. The payment provider decides on its own fees.

7. Your Clients never pay Kyan

Kyan charges you, never your Clients. Clients pay the price you set, whatever payment method they use. No card or payment surcharge may be added through the Service (clause 11.9 of the Terms).

8. Changes to prices

Kyan may change these prices with at least 30 days' notice by email, as set out in clause 11.10 of the Terms.