Terms of Service

About these terms

These Terms of Service explain how YouthCHAT is provided, what Customers and Users can expect from Kekeno, and how responsibilities are shared between Kekeno and participating Clinics and Organisations. For information about privacy and data protection, please see the YouthCHAT Privacy Policy.

On this page

• Key Terms
• Data
• Security
• Availability
• Incident Response Management
• Clinical Responsibility
• Subscription Entitlement
• Billing and Payment
• Agreement
• Governing Law and Jurisdiction
• Further Information
• Last Updated

Customer Information

Customer Information is protected using the same standards-based, security-focused measures applied to all other data in YouthCHAT, as described in the Privacy Policy.

Kekeno does not sell Customer Information or use it for third-party marketing purposes.

Within YouthCHAT, Customers may receive in-app or email communications related to service updates, feature changes, and training or support. Where applicable, Customers can manage their notification preferences and opt out of non-essential communications.

Ownership and Access

Kekeno develops, maintains, and provides the YouthCHAT service and is responsible for the technical operation of the YouthCHAT platform and its underlying infrastructure.

For clinical and research purposes:

• Clinics and Organisations retain full access to the YouthCHAT data related to their Clinic(s) or Organisation, subject to appropriate authentication and permissions.
• Health record and clinical obligations sit with the Clinics/Organisations, not with Kekeno.

Account Deletion and Data Retention

If access to YouthCHAT is no longer required, a Customer may request to have its user account deleted. Account deletion follows a structured process to protect data integrity while respecting privacy rights:

• The account is immediately deactivated upon deletion request
• All personal information is immediately anonymised through our soft delete procedure, including:
  • first name and last name
  • email address
  • mobile phone number (if recorded)
  • other personally identifiable information
• De-identified system records and audit logs are retained to maintain data integrity and support clinical record-keeping requirements
• The user's association(s) with Clinic(s) and Organisation(s) are maintained in anonymized form to preserve referential integrity

Automatic Account Management

To maintain security, accounts that remain inactive for 18 months will receive an alert notification. If no login occurs following this notification, the account will be automatically deleted and all personal information immediately anonymised as described above.

As set out in the Privacy Policy, YouthCHAT screen data created by that user is generally not deleted when a user account is deleted, because it may form part of a clinical or research record and must be retained for legal and clinical obligations. The screen data remains linked to the anonymized account record to maintain data integrity.

On request and where consistent with legal and clinical record-keeping obligations, young person screen data can be stripped of additional personal identifiers and made fully anonymous.

Clinics and Organisations are always provided full access to their own data. Kekeno will act constructively and helpfully to assist Clinics/Organisations in accessing YouthCHAT data related to them and will make reasonable efforts, within the scope of the service, to support features that facilitate reporting and data analysis.

Any bespoke data extracts or custom feature development may be subject to separate agreement and additional costs.

Backup Schedule

Kekeno maintains a rolling backup window of the preceding 7 days. Backups are maintained to support disaster recovery and service continuity and are subject to the same security standards as production data.

Third-Party Testing, Implementation, and Audit

On Valid Request, Kekeno will make a suitable image or environment of the YouthCHAT application available for third-party security and penetration testing, subject to:

• appropriate agreements to protect source code, intellectual property, and confidentiality; and
• coordination to ensure testing does not unduly impact service stability or other Customers.

Under appropriate contractual arrangements, Kekeno may also make available information necessary to audit security controls and implementation of security measures.

The requesting party is responsible for all costs associated with any third-party testing, audit, or related activities.

Patch and Vulnerability Management

Kekeno aims to manage security vulnerabilities and patches in a timely manner. Where security vulnerabilities are identified that are assessed as high priority (for example, medium-high or above) or where urgent patches are required, Kekeno will use best efforts to address those issues on a same-day basis, or as soon as reasonably practicable.

Where vulnerabilities are assessed as lower risk or require more extensive regression testing, they may be scheduled into a regular maintenance or release cycle.

Security Disclaimer

Kekeno takes reasonable steps to secure YouthCHAT in line with industry practice for web-based health applications. However, no system can be guaranteed to be completely secure.

To the maximum extent permitted by law, YouthCHAT is provided on an “as is” and “as available” basis, and Kekeno does not accept liability for losses arising from security incidents or vulnerabilities, except where such liability cannot be excluded under applicable law.

Minimum Availability Target

Kekeno aims to provide a minimum service availability target of 99.5%. This corresponds to unplanned downtime of less than approximately one hour per three-month period during business hours, under normal operating conditions.

This target is an operational goal and not a guaranteed service-level agreement. Actual availability may be affected by factors including (but not limited to) network issues, upstream provider outages, or events outside Kekeno’s reasonable control.

Scheduled Outage Windows

Kekeno typically adopts a release approach based on frequent, small changes designed to minimise service disruption and avoid regular scheduled outage windows.

Where a release or maintenance activity is anticipated that might result in a temporary service outage or materially disrupt usual workflows, Kekeno will make reasonable efforts to notify affected Customers in advance and, where possible, schedule such changes outside core business hours.

Availability Disclaimer

To the maximum extent permitted by law, Kekeno does not accept liability for losses or damages arising from service unavailability, interruptions, or performance issues, and provides YouthCHAT on a best-effort basis, except where such liability cannot be excluded under applicable law.

Customer Support

In the event of a non-trivial information security incident affecting YouthCHAT, Kekeno will:

• notify affected Customers when an incident that may affect the security of their information or interconnected systems is detected or reported
• specify a point of contact and channel for Customers to report suspected information security incidents
• on Valid Request, and where lawful and feasible, provide affected Customers with access to relevant evidence to enable them to perform their own investigation of the incident
• on Valid Request, share post-incident reports with affected Customers to enable them to understand the cause of the incident and make an informed decision about whether to continue using the cloud service.

Where incident-related support involves significant effort (for example, specialised forensic work or bespoke reporting), the requester may be responsible for reasonable costs associated with that activity, subject to agreement.

Liability

Kekeno will act in good faith and with reasonable care in preventing, detecting, and responding to information security incidents. However, to the maximum extent permitted by law, Kekeno does not accept liability for losses arising from such incidents, except where liability cannot be excluded under applicable law.

Platform Access and Features

• Full access to the YouthCHAT application for all subscribed Clinics within the Organisation
• Access to all standard features and functionality available in the current version of YouthCHAT
• Automatic access to updates, improvements, and new features released during the subscription term
• Ability to add authorised Users according to the selected subscription type (Pay Per Clinic or Pay Per User)

Technical Support

Kekeno provides technical support during New Zealand business hours (Monday to Friday, 9:00 AM to 5:00 PM NZST/NZDT, excluding public holidays).

Support services include:

• Email support via support@youthchat.co.nz with initial responses targeted within one business day
• Assistance with using YouthCHAT features and functionality
• Investigation and resolution of technical issues, bugs, and defects
• Guidance on best practices for implementing YouthCHAT in clinical workflows

Support is provided on a best-effort basis. Response times may vary depending on the complexity and urgency of the issue.

Service Reliability and Maintenance

• Kekeno maintains the YouthCHAT platform infrastructure and applies security patches and updates as required
• Regular backups are performed to protect Customer data (refer to the Data section for backup details)
• Scheduled maintenance is typically performed with minimal disruption; Customers will be notified in advance where appropriate

Feature Requests and Product Roadmap

Customers may submit feature requests or suggestions for improvements to YouthCHAT. Kekeno will consider all requests and may incorporate them into the product roadmap at its discretion, based on factors including technical feasibility, alignment with product strategy, and benefit to the wider user base.

Kekeno does not guarantee that any particular feature request will be implemented or provide timelines for implementation unless separately agreed in writing.

Additional Services

Services beyond the standard subscription entitlement may be available by separate arrangement, including:

• Extended training sessions or customised training programmes
• Custom integrations with other systems or platforms
• Bespoke development or feature customisation
• Priority or out-of-hours support
• Consultation or implementation support

Additional services are subject to separate agreement and fees. Customers interested in additional services should contact support@youthchat.co.nz to discuss requirements and pricing.

Subscription Fees and Billing Cycle

YouthCHAT subscriptions are available on either a monthly or annual billing cycle. Subscription fees are calculated based on one of two pricing models:

• Pay Per Clinic – a fixed fee per Clinic, regardless of the number of Users (ideal for larger teams)
• Pay Per User – a fee for each authorised User added to the Organisation (ideal for smaller teams).

Current standard pricing is $19 per month per Clinic or per User (as applicable), plus GST. Annual subscriptions are charged at 12 times the monthly rate.

Billing is calculated based on the number of active Clinics or Users (depending on the selected subscription type) at the start of each billing cycle. If Clinics or Users are added mid-cycle, a pro-rated charge for the remainder of the billing period will be added to the next invoice.

Payment Methods

Customers can choose from two payment methods:

• Invoice Payment – Kekeno generates an invoice that can be paid via bank transfer or credit card. Payment is due within 14 days of invoice date.
• Stripe Automatic Payment – Payment is processed automatically via the Stripe payment platform using a saved credit card. Customers can manage their payment details and view invoices through the Stripe customer portal.

Customers using the Stripe automatic payment method are responsible for ensuring that payment details remain current and that sufficient funds or credit are available to meet payment obligations.

Automatic Renewal

Subscriptions renew automatically at the end of each billing cycle (monthly or annually, as selected) unless cancelled by the Customer before the renewal date.

Customers using Stripe automatic payment will have their payment processed automatically at each renewal. Customers using invoice payment will receive an invoice at renewal and must make payment within 14 days.

Kekeno will make reasonable efforts to notify Customers in advance of upcoming renewals and any changes to fees or terms.

Fee Changes

Kekeno may adjust subscription fees from time to time to reflect changes in costs, service levels, market conditions, or regulatory requirements.

Any fee increase for an existing Customer will apply only at the next renewal period and will not take effect during the current subscription term, unless the Customer agrees to service changes or upgrades that warrant different pricing.

Kekeno will provide at least 60 days' written notice of any material fee changes that will apply at renewal.

Late Payment and Non-Payment

If payment is not received by the due date, the subscription status will progress through the following stages:

• Due – when payment becomes due, the billing status changes to "Due" and Kekeno will send payment reminders
• Overdue – if payment remains outstanding 14 days after the due date, the billing status changes to "Overdue" and further reminders will be sent
• Organisation Deactivation – if payment remains outstanding 42 days after the due date, the Organisation will be deactivated and access to YouthCHAT will be suspended for all Users within that Organisation.

During any period of suspension, existing YouthCHAT data will be retained in accordance with the Privacy Policy and these Terms, but access to the service and support will be suspended until payment is made and the account is reinstated.

Customers remain liable for all outstanding fees. Kekeno reserves the right to charge interest on overdue amounts and to pursue reasonable costs associated with collection, including legal costs if recovery action is required.

Cancellation by Customer

Customers may cancel their subscription at any time. Cancellation will take effect at the end of the current billing cycle (monthly or annual, as applicable).

To cancel a subscription:

• Customers using Stripe automatic payment can cancel directly through the Stripe customer portal accessed via their YouthCHAT subscription management page.
• Customers using invoice payment should contact Kekeno at support@youthchat.co.nz to request cancellation.

Upon cancellation, the subscription will remain active until the end of the current paid billing cycle. Access to YouthCHAT will continue until that date, after which access will cease.

No Refunds

Kekeno does not offer refunds or partial refunds for unused time within a billing cycle. If a subscription is cancelled, the Customer retains access to YouthCHAT until the end of the current paid period, but no refund will be provided for the remaining time.

This no-refund policy applies regardless of whether the subscription is monthly or annual, and regardless of the payment method used.

Termination by Kekeno

Kekeno may terminate a subscription immediately if:

• the Customer materially breaches these Terms of Service and fails to remedy the breach within 30 days of written notice
• the Customer uses YouthCHAT in a way that is unlawful, fraudulent, or harmful to others
• the Customer becomes insolvent, enters receivership or liquidation, or otherwise becomes unable to meet its obligations
• continuing to provide the service would expose Kekeno to legal or regulatory risk.

Kekeno may also terminate a subscription on 90 days' written notice if it decides to discontinue the YouthCHAT service or withdraw it from a particular market.

In the event of termination by Kekeno, whether due to Customer breach, non-payment, or for other reasons, no refund of fees will be provided. The Customer will retain access to YouthCHAT until the end of the current paid billing period.

Effect of Termination or Cancellation

Upon termination or cancellation of a subscription:

• the Customer's access to YouthCHAT will cease
• Kekeno will retain YouthCHAT data in accordance with the Privacy Policy and any applicable legal or clinical record-keeping requirements
• Customers may request a final data export or access to their YouthCHAT data within a reasonable period (typically 30 days) following termination, subject to coordination and any reasonable costs
• provisions of these Terms that by their nature should survive termination (including data handling obligations, liability limitations, and governing law) will continue to apply.

Taxes

All fees are stated exclusive of GST and other applicable taxes unless otherwise specified. Customers are responsible for any applicable sales tax, VAT, GST, or similar taxes that may apply to the subscription fees.

Where required by law, Kekeno will add applicable taxes to invoices and remit them to the appropriate tax authority.

Disputes and Billing Queries

If a Customer believes an invoice is incorrect or has a query about billing, they should contact Kekeno promptly at support@youthchat.co.nz.

Kekeno will investigate and respond to billing queries in good faith and will work constructively with Customers to resolve any genuine discrepancies or misunderstandings.

Raising a billing query does not relieve the Customer of the obligation to pay undisputed amounts by the due date.