Terms of Use

These terms of use (the “Terms”) (together with the documents referred to in it) tell you the terms on which you may make use of:

  • our website www.fika.community (the “Site”)
  • our mobile app called “Fika” (the “App”)
  • our Fika emotional fitness materials or research programmes (the “Fika Programmes”)
  • the App and Fika Programmes in the context of face-to-face interactions.

In these Terms, we refer to our Site, App and Fika Programmes collectively as “Fika”. Fika is owned and operated by Fika Community Limited, a company registered in England and Wales under number 11114186 with its registered office at Challenge House, Sherwood Drive, Bletchley, Milton Keynes MK3 6DP (“we”, “our”, and “us”).

Please read these Terms carefully before you start to use Fika, as these will apply to your use of Fika. By using Fika, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use Fika.

Your attention is particularly drawn to the following:

  • Our Privacy Policy – which tells you how we use your registration data and other information we collect about you;
  • Our Fika Community Rules – which apply when you are using the App (paragraph 7);
  • Our Disclaimers and Limitations of Liability (paragraphs 12 and 13).

These terms

These Terms constitute the agreement between you and us for the use of Fika and the contents and services available through it.

We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on Fika and, where appropriate, notified to you by email. Please review this page frequently to see any updates or changes to these Terms.

The ways in which you can use Fika may also be controlled by the Apple App Store's and the Google Play Store’s respective rules and policies.

Your right to access Fika

Fika is only available to certain groups of people at present.

You may have the right to access Fika if we have entered into an agreement with the university or college where you study or of which you are a graduate, or with your employer or other organisation of which you are a member. If we have entered into an agreement with your university, college, employer or other organisation (“Community”) then your right to use Fika will be withdrawn if the agreement between us and the Community ends, or if your access is no longer permitted under our agreement with the Community. Your Community may supplement these Terms with their own terms and conditions. In this case, the Community’s terms and conditions shall also apply to your use of Fika and the contents and services available through it in addition to these Terms. In the event of any conflict between these Terms and the Community’s additional terms, these Terms will prevail.

Alternatively, we may permit you to access Fika separately from any Community to which you belong. For example, we may allow you to use Fika on a (free) trial basis or as a member of a product testing or focus group, in which case your right to use Fika will end at the end of the trial period or product testing period, as the case may be.

Your access may also be limited to certain parts or features of Fika only.

Using Fika

Fika is still developing and improving and may release new features. We provide Fika on an "as is" and "as available" basis with all faults. We do not guarantee that Fika, or any content on it, will always be available or be uninterrupted. Access to Fika is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Fika, or any features on it, without notice. You agree that your use of Fika is at your own risk. We will not be liable to you if for any reason any of Fika is unavailable at any time or for any period.

You acknowledge that access to the App and Site is dependent on you being able to receive data via Wifi or 3G or 4G. You are responsible for making all necessary payments including in respect of internet and network connections. We are not responsible for the availability of the internet, or any errors in or damage to connections, equipment, or software that may occur in relation to your use of Fika.

If you download the mobile App onto any device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the device.

Your account and password

You must be 18 years or older to be eligible to register with us, and to use Fika. By using Fika, you represent and warrant that you are 18 years or older.

If you register with us, you must provide true and accurate information about yourself. Should the registration information provided prove false or misleading, we may suspend or terminate your account.

You are responsible for maintaining the confidentiality of your account details, including any user identification codes, passwords or any other piece of information that forms part of our security procedures, and you must not disclose these to any third party.

You are responsible for all activity under your account even if someone else uses your account. You authorise us to act on instructions received under your account and we will not be liable for any loss that you might suffer through following such instructions whether by you or another person.

We have the right to disable any user ID or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

You acknowledge that we may, at any time and at our sole discretion, request that you re-register with Fika.

You can delete your account at any time via the App, or by emailing hello@fika.community, in which case all content added by you will be deleted in accordance with our Privacy Policy.

Your privacy

Our Privacy Policy will apply to your use of Fika. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using Fika, you acknowledge the contents of the Privacy Policy and assure us that all data provided by you is accurate.

Certain functions on the mobile App may make use of location data sent from your device to provide and improve location-based products and services. You can turn off this functionality at any time by turning off the location services settings for Fika on the device.

Acceptable use restrictions

You must not:

  • use Fika in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Fika or any operating system;
  • post any material on Fika that depicts or encourages violence, or that is pornographic, obscene, hateful, offensive or otherwise objectionable;
  • use Fika to defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate any person;
  • infringe our intellectual property rights or those of any third party in relation to your use of Fika, including by the submission of any material (to the extent that such use is not licensed by these Terms);
  • use Fika in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • collect or harvest any information or data from Fika or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Fika community rules

Fika is an anonymous service. Within the App you must not share your name, contact details or any other personal information about yourself or others and you should respect the privacy of other Fika users. You must also not disclose any confidential information to other Fika users.

Matching. If you choose to participate in a pod on the App, Fika will match you with other Fika users for this purpose. You will not be able to select which Fika users you engage with for this purpose but you are free to leave the pod at any time.

Fika is not a dating or introductions service. You must not use it to pass, or attempt to pass, contact information to another Fika user or to attempt to start or continue a relationship or arrange to meet in person or chat outside of Fika (other than for the purpose of face to face Fika chats).

Fika provides a peer-to-peer service only. You understand that in a pod or 1-to-1 (face-to-face) chats, whether on the App or in the real world, you are chatting with a non-professionally trained peer, not an expert and that Fika does not provide access to mental health professionals. In addition, you understand that we do not recruit, warrant or guarantee the qualifications or expertise, claims or background of any other user.

Fika should not be used to give advice. By using Fika you should not give and you should not expect to receive advisory care or advice. If another Fika user offers advice to you, we are not responsible for this advice or for any reliance you may place on their advice.

Fika is not intended to be used in an emergency or crisis. Your use of Fika means that you are not in emergency need, receiving or in need of professional mental health or other professional support.

Accessing helplines. If you think that you or someone else using Fika might benefit from talking to a mental health professional or someone with specialised training in mental health care, or if there is an emergency or you are worried for your own or someone else’s safety, the App provides a function whereby you can access relevant helpline numbers or make these helpline numbers available to the other Fika user.

If another user is not observing these Terms please tell us. Fika is a peer moderated service. Within a pod on the App, you can report an individual if they are not observing these Terms or if you feel their behaviour is in any way inappropriate. We will respond to your complaint in accordance with our Peer Reporting Policy.

Face-to-face chats using Fika

Fika Materials may be used as reference guides in 1-to-1 or group discussions that take place in person outside of the App or Site. Any use of Fika in connection with face-to-face chats is subject to these Terms.

Account suspension

Fika reserves the right to suspend your account and access to Fika if you fail to comply with these Terms, including the Fika Community Rules, or if Fika reasonably believes such a failure to have occurred. If your account is suspended you have the right to appeal the decision by emailing hello@fika.community.

Updates to Fika

From time to time we may automatically update Fika to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may require you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using Fika.

User content

You are solely responsible for any data, text, images, graphics and other content that you submit, post or display on or via Fika, whether through a pod or as part of your personal journal ("Content"). We do not claim ownership of any Content and you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use and publish the Content for the purposes of Fika on these Terms.

You agree that we are not responsible for, and do not endorse, Content posted on Fika and that we do not have any obligation to monitor, edit, or remove any Content. However, we reserve the right, without obligation, to monitor, moderate, edit or remove any Content.

For the avoidance of doubt, we will only review your Content if it is relevant to an issue that we are investigating either as a result of our Peer Reporting Policy, a query from you or another user, or as a result of a technical problem with the App.

You agree that we may access and use your Content (except your personal journal Content) for this purpose.

Intellectual property rights and use of Fika

If you are accessing Fika through the App, we grant you a non-exclusive, non-transferable licence to install and use a copy of the App on your mobile device for the purposes of the services offered by the App only.

We are the owner or the licensee of all intellectual property rights in Fika, and in the material published on it save for Content uploaded by you and other users. Those works are protected by copyright, trade marks, database right and other intellectual property rights. All such rights are reserved. You may not without our prior written consent (except to the extent required in order to use Fika in accordance with these Terms) copy, sell, reproduce, publish, modify, or distribute any of the content published, displayed or performed on or within Fika or systematically extract such content or in any way use or exploit commercial any such content.

You acknowledge that we are the sole and exclusive owners of any and all anonymised data relating to your use of Fika and that such anonymised data can be used by us for commercial, development and research purposes.

Disclaimer

We do not guarantee that Fika, or any content on it, will be free from errors or omissions.

To the maximum extent permitted by law, we disclaim any and all implied conditions and warranties that Fika and the information and services available through it are of satisfactory quality, accurate, fit for a particular purpose, or non-infringing.

Any contents and materials available on or through Fika are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to this App or by anyone who may be informed of any of its contents.

You acknowledge that you have no obligation to follow any suggestions, comments, reviews or instructions received via Fika or from another Fika user and that if you choose to, you do so entirely at your own risk.

You expressly acknowledge and agree that neither we, nor any of our directors, employees, shareholders or affiliates, nor any other Fika user, have any responsibility or liability for assessing your suitability to engage in any mental activity or to follow any recommendations or information available on or through Fika.

We and other Fika users are not medical professionals, and we cannot give you any medical advice, diagnosis or treatment. The content and services available on or through Fika are provided to you for information purposes only and do not amount to or act as a substitute for professional medical advice, diagnosis or treatment. You should always seek the advice of a doctor if you have any questions or concerns about your mental or physical health or condition. You should never delay seeking or disregard medical advice based on any information available on or through Fika.

We are not responsible for any Content or content uploaded or transmitted by other Fika users. You acknowledge that we have no control over and no duty to take any action regarding: what content you access via this App; what affect such content may have on you; how you may interpret or use such content; or what actions you may take as a result of having been exposed to such content.

We are not responsible for any dialogue or other interaction between Fika users in the context of a face-to-face meeting which takes place using Fika or Fika Materials as a guide, or for any actions taken or not taken as a result of such meeting. You acknowledge that we have no control over and no duty to take any action regarding: such face-to-face meetings; what affect such meetings may have on you; how you may interpret or use the interactions taking place during such meeting; or what actions you may take as a result of having been exposed to such interactions.

We are not responsible and make no representations or warranties for the delivery of any user messages, postings or transmission of any Content sent through the App or Site.

We have no obligation to verify the identity of any individuals registering to use Fika. We have no obligation to monitor the use of Fika and its services by other users. As such, we disclaim all liability for identity theft or any other misuse of your identity or information.

We are not responsible for any loss incurred by or harm caused to you or others during your use of Fika or the services available through it in an inappropriate place or physical environment or to the extent caused by your failure to pay due care and attention to your surroundings when using Fika.

We do not guarantee any results or particular outcome to users of Fika.

If you are dissatisfied with this App or anything connected to it, your sole and exclusive remedy will be to close your account and cease the use of this App. This does not affect any statutory rights you may have as a consumer.

Limitation of our liability

We are not responsible to you for any loss or damage that is not a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We are not liable for business losses. Fika is for domestic and private use. If you use Fika for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

The information provided on Fika is for general information only. We do not offer advice on which you should rely. Although we make reasonable efforts to update the information provided by Fika, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

We are not liable for how a Fika user chooses to use the services or materials available on or through Fika outside of Fika, including in their interactions with other Fika users or individuals.

We assume no responsibility for any wellness centre or helpline provider listed on Fika. The fact that a wellness centre, helpline provider is listed should not be interpreted as endorsement by us of that wellness centre or helpline provider, or as endorsement of Fika by that wellness centre or helpline provider.

We are not responsible for events outside our control. If our provision of the services available through Fika or support for Fika is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

In any event, our maximum aggregate liability to you in respect of Fika shall be limited to £10.

Viruses

We do not guarantee that Fika will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, device, computer programmes and platform in order to access Fika. You should use your own virus protection software.

You must not misuse Fika by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Fika, the server on which Fika is stored or any server, device, computer or database connected to Fika.

Third party links

Where Fika contain links to information, helplines, websites and resources provided by charities, emergency services and other third parties, these links are provided for your information only. We have no control over the contents of those websites or the performance of the services. Your dealings with, and interest in, third parties found on or via Fika is solely between you and the third party with whom you are dealing. Accordingly, you use these services at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Miscellaneous

If we do not exercise or enforce any legal right or remedy which may be available to us, this will not be taken to be a formal waiver of our rights.

If any part of these Terms shall be unlawful or unenforceable for any reason, this shall not affect the remainder of these Terms and that part shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

If we are acquired by, or merge with, a third party, we may transfer any or all of our rights and obligations under these Terms to that third party or the newly merged entity.

All legal notices in relation to Fika or these Terms should be given in writing and addressed to hello@fika.community.

Applicable law

These Terms are governed by English law and you can bring legal proceedings in respect of Fika in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Contact us

Questions, comments, complaints and requests regarding these Terms or Fika should be sent by email to hello@fika.community.