Please read this bit properly. It’s designed to protect you and keep our community safe.
At Fika we take our Duty of Care seriously. The Fika Community believes in:
Woah there. That’s not your cue to start scrolling. Keep reading. This is still important.
Please note that your use of, and access to, our Services (defined below) are subject to the following terms; if you do not agree to all of the following, you may not use or access Fika Services in any manner.
Last updated: 13th November, 2018
The below documents the rules and restrictions that govern your use of our website(s), Services and applications downloaded from third party App stores (e.g. the Apple App Store, the Android Play Store), (the “Services” or “Service”).
If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org.
Fika Community Ltd is solely responsible for maintenance and support of the Services. Apple (App store) and Google (Play store) have no obligation whatsoever to furnish any maintenance or support with respect to the Services.
These Terms set out the whole agreement between you and us for the supply of the Services. In order to participate in certain Services, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time. If we do change the Terms we will bring it to your attention by placing a notice on the Services, and/or by some other means.
If you do not agree with the new Terms, you are free to reject them; however, that means you may no longer use the Services. If you continue to use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Your use of the Service means you are not in emergency need, receiving or in need of professional mental health or other professional support. Do not use the Services for emergency medical needs.
If you are having a medical emergency, are in an abusive relationship or you are in a life-threatening situation, call 999 or seek expert help. If you feel that you are a danger to yourself or others, or are having thoughts of suicide, please call the Samaritans on 116 123 (or other specialist Services), notify the relevant authorities and seek expert help.
If you are abusing anyone, or are under an investigation by the police for any abusive behaviour towards another individual, you may not use the Service.
If at any point after registering for the Service, you feel your mental state deteriorates please seek expert help and do not use the Service.
To use Fika Services you must be aged 18 years or over. If you are under 18 you may not access, or use, the Services in any manner.
Fika is in a public beta trial period. During the initial public beta period Fikas between Talkers and Listeners will not be charged for by Fika.
The duration of the period, the number of free Fikas available, the times of app availability, the duration of Fikas within the app and any other associated details of the beta period will be determined by Fika and subject to change at any time. Fika will notify all Members in advance of the beta period closing. During the beta period Fika reserves the right to limit the availability or volume of free Fikas available to Members.
Exercises may be presented as any combination of text, audio and video content, or in any format deemed as appropriate by the Service. Fika accepts no liability for the relevance of any particular “exercise” to an individual Member, or for any resultant conversations between Members or outcomes, based on chosen Fika exercise topics.
Fika is a peer-to-peer emotional fitness Service where Members can chat via message, or talk to each other in “Fikas”.
Fika Members are only able to chat or talk when “matched” together as Fika friends. A ‘match’ is only possible when both parties ‘say hi’ to each other. Either Fika Member is able to delete (“say goodbye”) to a Fika friend at any time.
During a chat session, either Member may request to start a timed voice session. Both parties must accept the request before a voice call can start.
Whilst using the Service in either chat or voice sessions, Members can either talk (the “Talker”) on a subject of their choosing , or a specific “Fika exercise” topic, while the other Member listens and prompts if necessary (the “Listener”). The Listener is not a professional and does not provide advice. Either Member may act as either the “Talker” or “Listener” interchangeably in the same Fika session.
Matching with “Fika friends”
A “Fika friend” is an anonymous individual with whom a Member has requested to connect with via the “Say hi” function within the app, and has had that request accepted via the other requested Member. Only when both Members have “Said hi” to each other are they able to Fika together.
The Fika Service suggests possible matches to a Member via the “Find” function. The way in which the Service suggests these matches will develop over time. Fika relies on usage data to improve the quality of these suggestions, and at no time will the Service accept any liability for the perceived quality or relevance of the matches suggested.
A suitable data connection such as 3G, 4G or WiFi is required to use the Fika app.
The Fika app will not incur any call charges on your mobile phone bill, as Fika is connected over VoIP using data. Like many publicly available applications the Fika app requires a suitable data connection. You may be subject to data charges if your data usage exceeds any personal allowances, either mobile data or WiFi data allowances from your Service or network provider. Fika is not liable for any data charges incurred as a result of using the Service.
Fika is a peer-to-peer Service. By using the Service you understand that you are not expecting to receive and/or give advisory care or advice. You understand you are talking to a non-professionally trained peer, not an expert.
You understand that Fika does not provide access to mental health professionals and professional support. In addition, you understand that Fika does not recruit, warrant or guarantee the qualifications or expertise, claims or background of any Member of the Service.
We do not claim to have formally trained or provided any warranty of expertise or guarantee for any Member to be anything other than a person who has agreed to talk with, or listen to, another person.
Fika promotes the habit of emotional exercise as part of a healthy lifestyle. Any claims made to the benefits of using Fika are supported by secondary research but nevertheless remain an opinion rather than undeniable fact. Fika does not and cannot guarantee any results from any content or part of the Service, (Including but not exclusively limited to “Talking”, “Listening”, completing any “audio guides”, “guided packs”, “Fika exercises” or any other activities included within the Service). Fika does not accept any liability for an individual’s physical or mental health and wellbeing, changes, actions or behaviour, either whilst using, or outside the Fika Service.
Fika is not a dating Service or a Service to provide introductions for people to continue relationships either on or off the Service. You may not pass, or attempt to pass, contact information to another Fika user or attempt to start or continue a relationship or arrange to meet in either written or spoken form. Fika does not hold any liability for infringements on this where a user attempts to contact or start a relationship and to continue contact.
Fika is a peer-to-peer Service. As a result Members are free to request, cancel, accept or decline any Fika friend requests (“say hi’s”) or active chat or voice Fikas at any time. Fika does not accept any liability for Fikas being unanswered indefinitely, or via an extended delay. Nor, does Fika accept any liability for a Member (Talker or Listener), choosing to cancel or end an active Fika once a voice or chat session has begun.
Members are able to chat by exchanging messages once a mutual match is agreed. Message content must adhere to Fika’s community rules. Content of an inappropriate, offensive nature will not be tolerated.
Members are able to remove “Fika friends” via the remove function provided in the Service. Should a friend be removed (“say goodbye”), the chat session is closed and all messages will be deleted.
A voice call within a Fika, is a fixed time call between two parties, acting as a Talker and a Listener. They are connected through the Fika app, into a fixed time voice over IP call, anonymously – no phone numbers or other personally identifiable information is displayed to either party by Fika. Fika reserves the right to vary the duration of the available voice call without notice.
You will not transmit, upload, email, post or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application or code; or (D) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law.
Content is provided within the Service in the form of hints and tips (“prompts”). Prompts are to be used by Members as inspiration for conversation starters, topics, questions or responses within a Fika (chat or voice) session. The use of prompts within Fikas is done so at the sole discretion of Members, and Fika accepts no liability for their use, or application in Fika by Members, or any eventualities that occur as a result of their use. It is the Members responsibility to decide their suitability for use in the Fika session, and the Member is also able to edit this content as they see fit.
As a Fika Member you understand that the Fika app needs to send you push notifications to your mobile device when events occur concerning the delivery of the Service. This enables you to be connected together and the Service to work correctly. You can turn off notifications from the Fika App within your device settings at any time.
You understand that during the period whilst notifications are manually turned off on your device, you will not be able to be notified when a Talker is available, and as a result will be unable to be a Fika Listener for the duration that your notifications are turned off. Fika will endeavour to minimise the number of notifications you receive, but as the Service develops the number and frequency of notifications will vary. You can dismiss or ignore the notifications if you are unavailable to talk.
Fika does not tolerate any abuse, discriminatory, sexist, defamatory, bullying, coercion, explicit or sexual content of discussion, or harassment of any kind on any of its Services.
As a Member, you are not expected to have to deal with any other Member who:
Fika is an anonymous Service. As a User you understand that you will not share any personally identifying data about yourself or others, you will respect the privacy of other Users, you will not share any potentially libelous, or defamatory information about specified others. Any breach of the Service Terms will result in your account being suspended and subject to an appeals process. The User accepts the liability for their own actions and disclosures during the call.
When using the Service as a User, a Talker or a Listener, you understand that you are in a position of trust, and that you may be witness to personal information about other parties, information of a sensitive nature.
Fika is a peer-moderated Service. We have put tools in place to allow the community to moderate and manage out poor behaviour, including Report and Block features. Fika does not accept any liability or associations for our User’s feedback or use of moderation and send helplines tools.
Fika is a peer-to-peer service that relies on Members to help report and remove bad behaviour. Fika moderators may also be present within the Fika app at certain times (times present within the Service will vary), to monitor and moderate behaviour and use.
The use of the Report feature alerts Fika moderators who will review the content (in the case of written content; messages and Fika requests), or in the case of spoken content in a voice session, will review the issue raised. In both cases Fika aims to do this within 24 hours. When reporting a User a written explanation of the report must be included.
By using the Block feature, either in active chat sessions, or in an active voice session, a Member is able to instantly remove any content from appearing in their view, or from speaking with a User again.
When blocked, the blocked User will not see any Fika activity from you and you will not see any Fika activity from the blocked User. Their Fika activity is removed from your view and will not appear when any new content is added.
Fika reserves the right to suspend usage from the Service from anyone deemed to be breaching these terms of Service at anytime. If your account is suspended you may email email@example.com to appeal. We reserve the right to not enter into discussions and to offer no explanations.
Three strike policy: Fika has a three strike peer-moderated policy on negative feedback and bad behaviour. Should any Member receive a total of three ‘negative behaviour ratings’ their account will be automatically suspended (email and phone number), they will no longer be able to access any aspect of the Service subject to an appeal. Fika reserves the right to change the terms under which Users are banned from the Service at any time.
A Fika User will be automatically banned if they are ‘reported’ by any three individual members in either an active voice or chat session.
The report, block and send helplines features are designed to protect Fika Community Members and to keep the Service safe. We take the use of these features very seriously. Any Member found to be abusing the report, block and send helplines functionality will be instantly removed and banned (email and phone number barred) from the Fika Community.
Fika acts as a Service provider for Members. Our Service matches these parties together for an anonymous session. Fika has put in place tools to advise Members on how to behave in these sessions, but accepts no liability for the contents of information discussed during a chat or Fika session, or any behaviour or occurrences prior to or subsequent to the use of the Service. Fika is not liable for any injury, physical or emotional, sustained while using the app.
Fika will not be liable for any coercion, bullying, harassment and or blackmail within the Service. You agree that you will not cause harm of any kind (physical or emotional) to anyone during your use of the Service.
The Member/User hereby relieves the company and all its officers of any disputes, claims or demands of any and all losses, direct or indirect or incidental or consequential that arise between themselves and any other Users of the Fika Service.
By submitting the Member registration form and creating your anonymous user name to access Fika Services, you, the Member, represent, warrant and agree to the following:
When creating an account each new Member is required to create an anonymous user name using the name generator provided in the app. Once this name is selected it cannot be changed.
Being a Fika Listener puts you in a position of trust. We believe that active listening is a skill that should be valued.
The position of “Listener” can interchange between any two Members at any point in a Fika session, and is at the discretion of the Members.
The send helplines tool is designed to protect Members in situations where another Member indicates either directly or indirectly that they may be in need of expert care. Should a Member feel that another Member is not suitable for the Service, e.g. in crisis – in breach of our conditions (in need or professional help, suicidal, homicidal, danger to self and others) then they can select to serve the send helplines tool to a User. The send helplines tool directs the receiving Member with phone numbers for more appropriate help. Fika accepts no liability for the use of the send helplines tool (it is entirely at the Listener’s discretion), nor for any actions taken by Members following the use of the send helplines tool.
The Fika Service is in development and we appreciate things might not be quite right yet.
You can give us feedback in the following ways:
To help promote the service, Fika can, at their discretion, use information such as quotes, comments, topics, statistics or opinion and other anonymised information disclosed as feedback. Fika will not connect any User with any personal information, unless prior consent has been received from the User, nor will Fika share any information that identifies the Member or any other individual personally.
We welcome feedback from our community. If you are unhappy with any part of your Fika experience or would just like to give us some feedback we’d welcome the opportunity to make things right.
If you’d like to report anything to us please email us with details at firstname.lastname@example.org and we will aim to respond to you within 24 hours, but cannot guarantee a response within this time frame. We pride ourselves on delivering the best Service available for every one of our Users so we welcome your comments.
All materials (including software and content whether downloaded or not) contained in the Service or submitted to the Service, are the sole property of Fika Community Ltd., unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
Audio or video content from Fika not explicitly indicated as downloadable may not be downloaded or copied from the Services or any Device.
You must not use any part of the materials used in or on the Services for commercial purposes without obtaining a written license to do so from us.
Material from the Services may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorised use or violation of these Terms immediately and automatically terminates your right to use the Service and may subject you to legal liability.
You agree not to use the Service for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Service. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.
Content may be explicitly created for the User to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by Fika through the Service that is specifically identified as available for distribution as outlined in personal social channels (“Shareable Content”) as part of your blog or other online commentary, analysis or review (“Member Commentary”), Fika grants you a limited right to download, reproduce and distribute Shareable Content over the internet as part of your Member Commentary. You agree not to publish the Shareable Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.
You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United Kingdom, other countries, as well as applicable state laws and may be subject to liability for such unauthorised use. Fika will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Fika Community Ltd., the Fika logo and all other Fika Community product or service marks are trademarks of Fika Community Ltd. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Service is strictly prohibited. Fika will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
No warranty: you expressly acknowledge and agree that use of the Services is at your sole risk. To the maximum extent permitted by applicable law, the Service and any Services performed or provided by the Services are provided “as is” and “as available,” with all faults and without warranty of any kind, and Fika hereby disclaims all warranties and conditions with respect to any of the Services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of non infringement of third-party rights. No oral or written information or advice given by Fika or its authorised representative shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
In the unlikely event of a dispute, then you agree to the exclusive jurisdiction, Courts and laws of England and Wales.
If you have any questions about the interpretation of these terms and conditions then please contact us on email@example.com.