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 “Fika” mobile apps (the “Apps” or any one of them an “App”)
  • our Fika emotional fitness materials or research studies (the “Fika Studies”)
  • the Apps and Fika Studies in the context of face-to-face interactions.

In these Terms, we refer to our Site, Apps and Fika Studies 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.

In particular, please make sure you read the following carefully:

  • 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 Apps;
  • Our Disclaimers and Limitations of Liability.

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

Your right to access Fika and the content and features available to you will depend on the subscription level for which you have registered.

Subscriptions

Free Access Version. Where we offer Fika on a free basis or allow you to use a limited amount of Fika features or all content on a temporary basis or as a member of a product testing or focus group, your access may be limited to certain parts or features of Fika only.

If your access is on a trial or temporary basis, your access will end when the trial period or product-testing period ends. We may also choose to end or amend your free access at any time and for any reason. You will need to have a Community Subscription or a Paid Subscription to access further content and features of Fika – please see the section on “Changing Subscriptions and Charges” below.

Community Subscription. You may have the right to access a premium version of Fika free of charge 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 (a “Community”). With a Community Subscription, you will receive access to all content and features that we have agreed to make available to your Community. When you graduate from your Community, you may also continue to have access to all content for a certain period subject to the terms of agreement with the Community. In order to access Fika through a Community Subscription you will be required to demonstrate that you are a current member of the Community by providing a valid email address or access code. Fika may, at any time, ask you to validate your details, to confirm that you remain a member of the community. Under a Community Subscription, your right to use Fika may be withdrawn if the agreement between us and the Community ends, if you fail to provide valid information to demonstrate that you are a member of the Community, or if your access is no longer permitted under our agreement with the Community. If our agreement with your Community ends, we will notify you wherever possible. You will continue to have access to all content for a further 30 days, but will then automatically be downgraded to the Free Access Version (all your Journal Content will still be available). You will then have the option either to upgrade to our Paid Subscription or to close your account. 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.

Paid Subscription. With an individual Paid Subscription, you will receive access to premium content and features of the App. If you purchase a subscription through the Apple App Store or Google Play Store, your purchase will be subject to the respective store’s applicable payment terms. Where we offer Paid Subscriptions for groups e.g. family-membership, all users who access the Apps are subject to and bound by these Terms, even if they are not the primary subscriber.

Changing Subscriptions and Charges. We reserve the right to change the types of subscription we offer or adjust the pricing for each type of subscription. Changes to your subscription plan or the applicable pricing will only take effect after we have given you notice of those changes.

Circumstances in which your subscription might change include when:

  • our agreement with your Community comes to an end and you are downgraded to the Free Access Version; or
  • your Community enters into an agreement with Fika but you already have a Paid Subscription – we will use reasonable endeavours to notify you if you become eligible for subscription free of charge through your Community’s Subscription. You will then have the option to switch or to maintain your individual Paid Subscription.

Refunds. When you purchase a subscription through the Apple App Store or Google Play Store, your purchase will be subject to the respective store’s payment terms, which may not provide for refunds. If you change from a Paid Subscription to a free of charge subscription, your Paid Subscription will be cancelled but refunds cannot be claimed for the current Paid Subscription period (e.g. the rest of the current month if a monthly subscription or the rest of the current year if an annual subscription).

Promotions

From time to time Fika may offer promotions, for example if you refer a friend to the App. The rules which apply to any such promotions will be communicated to you at the time or will be available via fika.community/promotions.

Using Fika

Fika is always looking for ways to develop and improve and we may therefore 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. We may suspend, withdraw, discontinue or change all or any part of Fika, or any features on it for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

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.

If you download the Apps 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.

Device and system requirements

To use Fika, your device must meet certain system requirements. These will be updated from time to time and can be found at: fika.community/devices, as well as on the Apple App Store or Google Play Store.

You acknowledge that access to the Apps 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.

Your account and password

You must be 16 years or older to be eligible to register with us, and to use Fika. By using Fika, you represent and warrant that you are 16 years or older.

If you are under 16 years of age, you must read these Terms with your parent or guardian before using Fika. Your use of Fika will be confirmation that you and your parent or guardian understand and agree to these Terms. If we think that you have not told us your true age, we may stop you from using Fika until you have given us proof of your age.

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 close your account at any time by emailing hello@fika.community. We will also close your account automatically if it remains inactive for three years. When your account is closed, all content added by you will be deleted, anonymised or obfuscated.

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.

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 users should respect each other’s privacy. Emotions are a very personal thing. While it can be good to talk about your emotions with others, you should not use Fika to share your name, contact details or any other personal information about yourself or others with people who you do not know, or information that you would not want anyone else to know. You should also respect the privacy of other Fika users and not disclose any confidential information to or about other Fika users.

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 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, if there is an emergency or you are worried for your own or someone else’s safety, or if something is making you feel uncomfortable, the Apps provide links to other services via a helpful contacts function whereby you can access relevant helpline numbers.

If another user is not observing these Terms please tell us. Fika is a peer-moderated service. If you interact with other users on the Apps, 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 Apps 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 and/or disable your account and access to Fika if you fail to comply with these Terms, or if we have reasonable grounds to believe such a failure has occurred.

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 Apps 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 some or all of the features on Fika.

User content

You are solely responsible for any data, text, images, graphics, voice memos and other content that you enter in your personal journal ("Journal Content"). We do not claim ownership of any Content and we will not monitor or access your personal journal at any time.

As additional features are introduced to Fika, you may also be able to input other user generated content, to enable you to interact with other Fika users (“User Generated Content”). You agree that we are not responsible for, and do not endorse, User Generated Content posted on Fika and that we do not have any obligation to monitor, edit, or remove any User Generated Content. However, we reserve the right, without obligation, to monitor, moderate, edit or remove any User Generated Content.

For the avoidance of doubt, we will only review User Generated Content if it is relevant to an issue that we are investigating as a result of our Peer Reporting Policy. You agree that we may access and use your User Generated Content (excluding your 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 Apps on your mobile device for the purposes of the services offered by the Apps only.

We are the owner or the licensee of all intellectual property rights in Fika, and in the material published on it (“Works”), save for Journal Content uploaded by you or other User Generated Content uploaded by you or other users. The 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 advice, nor 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 engagement with Fika or by anyone who may be informed of any of its contents.

We are not a health care or medical device provider and Fika should not be used to seek advisory care or advice. By using Fika you should not expect to receive advisory care or advice – if you need this you should contact your medical professional. Any health information on Fika is not endorsed by a medical professional. We make no claims, representations or guarantees that our exercises provide therapeutic benefit.

The Apps may also include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Fika is not responsible or liable for any injuries or damages you might suffer that result from your use of, or inability to use, the content and features of the Apps.

You acknowledge that you have no obligation to follow any suggestions, comments, reviews or instructions received via Fika and that if you choose to, you do so entirely at your own risk. You should not use Fika in circumstances where it could cause distraction or danger (e.g. when driving or operating machinery) and we advise all users to be aware of their surroundings when using their devices.

You expressly acknowledge and agree that neither we, nor any of our directors, employees, shareholders or affiliates, 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 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.

You acknowledge that we have no duty to take any action regarding: what content you access via the Apps; 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 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.

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.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

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 (“Third Party Websites”), 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.

Your use of any Third Party Website may be subject to specific terms and conditions or privacy policies, which apply to those websites. Third Party Websites are not subject to these Terms or any other notices published on Fika. The inclusion of any hyperlinks to Third Party Websites on Fika does not mean that we approve or endorse them.

You may link to our homepage but you must do so in a way that is legal and does not damage our reputation or take advantage of it. You must not suggest any form of association, approval or endorsement by Fika where none exists.

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.

Contact Us

hello@fika.community

© 2019 Fika Community Limited. All Rights Reserved. Registered company No. 11114186.