Terms of Service

1. Agreement and acceptance

These Terms of Service (“Terms”) govern your use of the MyCapsule platform (the “Service”) provided by MyCapsule AS (“MyCapsule”, “we”, “us”).

By registering an account, completing onboarding, or using the Service, you accept these Terms and our Privacy Policy. If you enter into this agreement on behalf of an organization, you confirm that you have authority to bind that organization.

2. What MyCapsule is

MyCapsule is a cloud-based B2B platform that enables employers to:

• register employees and departments
• send weekly pulse surveys via SMS
• analyze aggregated data on workload, well-being, and physical discomfort
• collaborate with health partners on preventive actions

The Service is not a medical device, diagnostic tool, or substitute for occupational health services or statutory workplace health and safety obligations.

3. Account and onboarding

3.1 Registration

To use the Service you must:

1. create an account with email and password, or via Google OAuth
2. provide company information (name, industry, country, employee count, etc.)
3. select a subscription plan and complete payment via Stripe

You are responsible for ensuring the information you provide is accurate and kept up to date.

3.2 User roles

You are responsible for who you grant access within your organization.

4. Subscription and payment

4.1 Plans and pricing

The Service is offered as a subscription with monthly or annual billing. Plans (Starter, Growth, Professional) and pricing are published on our website. Subscriptions include a base fee and a per-employee seat fee based on the employee count you provide.

4.2 Payment via Stripe

Payment is processed by Stripe. By subscribing you also accept Stripe's terms. MyCapsule does not store payment card details — only Stripe references (customer ID, subscription ID).

4.3 Cancellation and refunds

• Subscriptions are billed in advance and are generally non-refundable.
• You may cancel at any time. The Service remains active until the end of the current billing period.
• Refunds may be considered on a case-by-case basis in the event of billing errors or service failures.

4.4 Non-payment

We may suspend access to the Service after reasonable notice if payment is not received.

5. Customer responsibilities for employee data

5.1 Data controller

You are the data controller for personal data about your employees processed through the Service, including:

• phone numbers and names in the employee directory
• pulse responses (well-being and health information about pain/discomfort)

MyCapsule is the data processor for this data. Use of the Service requires acceptance of our Data Processing Agreement.

5.2 Informing employees

You must inform your employees about the pulse survey before the first SMS is sent, in accordance with GDPR Arts. 13 and 14. We provide an Employee Information Notice you may use as a starting point.

5.3 Legal basis

You are responsible for having a valid legal basis for processing, including a separate legal basis for health information (pain/discomfort) under GDPR Art. 9.

5.4 Reporting privacy

You acknowledge that pulse responses are not individually visible in the Service. Reports are aggregated, and groups with fewer than 5 responses (default) are hidden. A technical link between a response and a survey token exists on the server for operational purposes but is not exposed in dashboards.

6. Acceptable use

You must not:

• use the Service for unlawful surveillance, harassment, or disciplinary action against identifiable individuals
• attempt to circumvent aggregation rules or access individual pulse responses
• upload data you are not authorized to process
• reverse engineer, probe, or disrupt the security of the Service
• resell the Service without a written agreement

Violations may result in immediate suspension or termination.

7. Intellectual property

MyCapsule, its logo, software, and documentation are owned by us or our licensors. You receive a limited, non-exclusive, non-transferable license to use the Service during your subscription period.

You retain ownership of data you upload. You grant us a license to process your data solely to deliver the Service.

8. Availability and support

We aim for high availability but do not guarantee uninterrupted operation. Planned maintenance will be notified when practicable.

Support: morten@mycapsule.eu

9. Limitation of liability

9.1 Service provided “as is”

The Service is provided “as is”. Aggregated insights are decision support, not definitive conclusions. You are responsible for how you use them in your organization.

9.2 Indirect loss

MyCapsule is not liable for indirect loss, loss of profit, loss of data (beyond what follows from the Data Processing Agreement), or consequential damages, except where mandatory law provides otherwise.

9.3 Liability cap

Our total aggregate liability is limited to the amount you paid us in the 12 months preceding the claim, except where mandatory law provides otherwise.

10. Termination and data on exit

10.1 Your cancellation

When you cancel:

• access ends at the end of the billing period (or immediately for material breach)
• you may export aggregated reports before termination
• employee data is handled per the Data Processing Agreement: records are deactivated immediately; personally identifiable employee data is deleted or anonymized within 30 days unless law or your written request requires otherwise
• aggregated and anonymized analytics may be retained for benchmarking and historical reporting

10.2 Our termination

We may suspend or terminate access for material breach of these Terms, non-payment, or legal requirements.

11. Changes to these Terms

We may amend these Terms. Material changes will be notified at least 30 days before they take effect via email or in the Service. Continued use after the effective date constitutes acceptance.

12. Governing law and disputes

These Terms are governed by the laws of Norway. Disputes shall first be sought resolved amicably. If unsuccessful, Stavanger District Court shall have exclusive jurisdiction.

Consumers in the EEA retain mandatory rights under the laws of their country of residence.

13. Contact

MyCapsule AS
Gulaksvegen 31, 4345 Bryne, Norway
Email: morten@mycapsule.eu