BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use our suite of Feminstry apps (“Feminstry”). Please read these Terms and Conditions carefully and ensure that you understand them.  You will be required to read and accept these Terms and Conditions when signing up for an Account and purchasing a Subscription.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Feminstry immediately.

1. Definitions and Interpretation
   • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

2. Information About Us
   • Feminstry is owned and operated by Feminstry Ltd, a limited company registered in England under company number 15284565, whose registered address is 71-75 Shelton Street, London, WC2H 9JQ.
3. Access and Changes to Feminstry
   • Access to Feminstry requires a monthly or annual Subscription. Upon purchasing a Subscription, Feminstry’s platform will be available to you for the duration of that monthly or annual Subscription and any subsequent renewals.
   • Feminstry may from time to time make changes to Feminstry’s platform :
     • Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. Feminstry may inform you, by email or a notification in your account of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Feminstry;
     • Minor changes may be made to reflect changes in the law or other regulatory requirements. Feminstry will inform you by email or a notification in your account of any minor changes (including, if applicable, anything that you need to do). Minor changes will not materially affect your use of Feminstry ; and
     • Feminstry will develop and improve Feminstry’s platform over time, in some cases making significant changes to it. You will be kept fully informed of any significant changes.
   • Feminstry will always aim to ensure that Feminstry’s platform is available at all times. In certain limited cases, however, Feminstry may need to temporarily suspend availability to make certain changes outlined under sub-Clause 3.2. Unless Feminstry are responding to an emergency or an urgent issue, Feminstry will inform you in advance of any interruptions to the availability of Feminstry’s platform. If Feminstry need to suspend Feminstry’s platform for longer than three (3) days, Feminstry will add the corresponding time to the duration of your current Subscription period at no cost to you. If Feminstry need to suspend Feminstry’s platform for longer than fifteen (15) days you may also have a right to cancel.  Please refer to sub-Clause 8.4.5 for details.

4. Accounts
   • An Account is required to use Feminstry’s platform.
   • You may not create an Account if you are under 18 years of age.
   • When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up to date.
   • Feminstry require that you choose a strong password for your Account, consisting of 8-16 characters, including at least 1 lower case letter, 1 upper case letter, 1 numeric character, and 1 special character. It is your responsibility to keep your password safe. If you believe your Account is being used without your permission, please contact Us immediately. Feminstry will not be liable for any unauthorised use of your Account.
   • You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
   • Any personal information provided in your Account will be collected, used, and held in accordance with our Privacy Policy.
   • If you wish to close and delete your Account, you may do so at any time by [set account closure process]. Closing your Account will result in the removal of your information from Our system. If you have an active Subscription, your Account will remain active for the duration of the remainder of the Subscription period you are currently in. Closing your Account will cancel the auto-renewal of your Subscription.  Closing your Account will also remove any User Content that you have created or uploaded from Our system. To avoid losing anything that you have created or uploaded using Feminstry’s platform, please ensure that you have downloaded your User Content to your computer or device before closing your Account. 

5. Subscriptions, Pricing and Availability
   • Feminstry make all reasonable efforts to ensure that all general descriptions of the services available from Us (specifically, Feminstry’s platform) correspond to the actual services that will be provided to you.
   • All pricing information is correct at the time of going online. Feminstry reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes will not affect Subscriptions that have already been purchased, but may impact Subscriptions for new and existing users. In such case, Feminstry will provide prior notification to the existing users.
   • All prices are inclusive of taxes.

6. Subscriptions – How Contracts Are Formed
   • You will be guided through the Subscription process when you make a purchase. Before confirming a purchase, you will be given the opportunity to review your chosen Subscription and amend any errors in your Order.  Please ensure that you check carefully before confirming your purchase.
   • No part of Feminstry’s Platform, Website or any other material constitutes a contractual offer capable of acceptance. By purchasing a Subscription, you are making Us a contractual offer that Feminstry may, at Our sole discretion, accept.  Our acceptance is indicated by Us sending you a Subscription Confirmation by email.  Only once Feminstry have provided you with a Subscription Confirmation and you have validated your email address will there be a legally binding contract between Us and you (“the Contract”).
   • Subscription Confirmations contain the following information:
     • Confirmation of your chosen Subscription;
     • Fully itemised pricing, including, where appropriate, taxes and other additional charges;
     • Details of the duration of your Subscription including the start date and the end and/or renewal date;
   • If Feminstry do not accept or cannot process your Subscription purchase for any reason, no payment will be taken under normal circumstances. If Feminstry have taken payment in such circumstances, the payment will be refunded to you as soon as possible and in any event within thirty (30) days.
   • Subject to the cancellation provisions in Clause 8, once you have confirmed your Subscription purchase, you may amend your Subscription at any time. Your subscription fee will be amended accordingly.
   • By purchasing a Subscription, you are expressly requesting that you wish access to Feminstry’s platform to be made available to you immediately. For more details of cancellation, please refer to Clause 8.

7. Payment
   • Payment for Subscriptions will be due at the time of purchase. Your chosen payment method will be billed immediately upon confirmation of your Subscription.
   • Feminstry accept the following methods of payment:
     • Debit Card; and
     • Credit Card.

8. Cancellation
   • You may cancel at any time in the following limited circumstances and you may be entitled to a full or partial refund for services or digital content not provided:
     • Feminstry have incorrectly described Feminstry’s platform or it is faulty (please refer to Clause 16 for more details); or
     • Feminstry have informed you of an upcoming change to Feminstry’s platform or to these Terms and Conditions that you do not agree to; or
     • Feminstry have informed you of an error in the price or description of your Subscription or Feminstry’s platform and you do not wish to continue; or
     • There is a risk that the availability of Feminstry’s platform may be significantly delayed due to events outside of Our control; or
     • Feminstry have informed you that Feminstry have suspended, or are planning to suspend, availability of Feminstry’s platform for a period greater than 15 days; or
     • Feminstry have breached these Terms and Conditions or have in any way failed to comply with Our legal obligations to you.
   • For Subscriptions cancelled during the Subscription period, users will continue to have access to their account until the end of the Subscription period. The account will not auto renew once cancelled.
   • You can cancel your account at any time in the Feminstry’s platform  https://app.feminstry.com/settings/manage-account/ or by email at hello@feminstry.com.
   • We may ask you why you have chosen to cancel your Subscription and may use any answers you provide to improve Feminstry’s platform in the future, however, please note that you are under no obligation to provide any details if you do not wish to.
   • Payment refunds due to you will be made no later than 14 calendar days after the date on which Feminstry acknowledge your cancellation. Refunds will be made to your original payment method.
   • No refunds will be made for subscriptions fees already paid (unless falling under one of the limited special circumstances mentioned above).
   • In certain limited circumstances, such as breach of the Acceptable Usage Policy, Feminstry may cancel your Subscription and/or close your Account. If Feminstry take such action, you will be notified by email and Feminstry will provide an explanation for the cancellation and/or closure.
     • If your Account is closed and your Subscription is cancelled, Feminstry will make your Content available to you for a period of ninety (90) days following cancellation.
     • If your Account is closed and your Subscription cancelled because you have breached these Terms and Conditions, you will not be entitled to a refund. If you believe Feminstry have closed your Account and cancelled your Subscription in error, please contact Us at hello@feminstry.com.
     • If your Account is closed and/or your Subscription is cancelled for any other reason, you will be refunded the remaining balance of your Subscription. The refund will be calculated based upon the price of your Subscription being divided by the total number of days in the Subscription and multiplied by the number of whole days remaining until the end of the Subscription (or, in the case of auto-renewing Subscriptions, until the renewal date). Refunds due to you will be made no later than 14 calendar days after the date on which the closure and/or cancellation becomes effective.

9. Our Intellectual Property Rights and Licence
   • Feminstry grant Users a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Feminstry’s platform to compile data analytics and insights from personal or business data using the Feminstry’s platform apps and dashboards for personal or business purposes. Use is subject to these Terms and Conditions.
   • Subject to the licence granted to Us under sub-Clause 12.3, Users retain the ownership of copyright and other intellectual property rights in their User Content (subject to any third-party rights in that User Content and the terms of any licence under which you use such Content).
   • All other Content included in Feminstry’s platform (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
   • By accepting these Terms and Conditions, you hereby undertake:
     • Not to copy, download or otherwise attempt to acquire any part of Feminstry;
     • Not to disassemble, decompile or otherwise reverse engineer Feminstry’s platform or apps;
     • Not to allow or facilitate any use of Feminstry’s platform and apps that would constitute a breach of these Terms and Conditions; and
     • Not to embed or otherwise distribute Feminstry’s platform and apps on any Website, ftp server or similar.

10. Links to Feminstry’s Platform
    • You may link to Feminstry’s platform provided that:
      • You do so in a fair and legal manner;
      • You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
      • You do not use any of Our logos or trade marks (or any others displayed on Feminstry’s platform) without Our express written permission; and
      • You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
    • You may not link to any page other than the homepage of Feminstry feminstry.com unless using the sharing features of Feminstry. You may not deep-link to other parts of Feminstry.
    • You may not link to Feminstry from any other Website the content of which contains material that:
      • Is sexually explicit;
      • Is obscene, deliberately offensive, hateful or otherwise inflammatory;
      • Promotes violence;
      • Promotes or assists in any form of unlawful activity;
      • Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
      • Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      • Is calculated or is otherwise likely to deceive another person;
      • Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;
      • Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 10.3);
      • Implies any form of affiliation with Us where none exists;
      • Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents and database rights) of any other party; or
      • Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

11. Links to Other Content

Feminstry may provide links or APIs to other content such as Websites, apps and downloadable apps.  Unless expressly stated, this content is not under Our control.  Feminstry neither assume or accept responsibility or liability for such third party content.  The provision of a link by Us is for reference only and does not imply any endorsement of the linked content or of those in control of it.

12. User Content
    • You agree that you will be solely responsible for any and all User Content that you create or upload using Feminstry’s platform or apps. Specifically, you agree, represent and warrant that you have the right to create or upload the User Content and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 14.
    • You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 12.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
    • You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. By creating or uploading User Content, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating Feminstry’s platform and apps.
    • If you wish to remove User Content, you may do so by sending us an email at hello@feminstry.com. Removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause 12.3. You acknowledge, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

13. Intellectual Property Rights and User Content
    • All User Content and the intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licenced by the relevant User. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
    • Users may not copy, distribute, publicly perform, publicly display, reproduce or create derivative works based upon, another User’s User Content without first obtaining the express consent of the User to whom the User Content in question belongs.
    • Feminstry take technical and organisational security measures to limit and/or restrict the ability of Users to unlawfully copy User Content created using Feminstry’s platform and apps. Despite such measures, Feminstry do not make any representation or warranty that your User Content will not be unlawfully copied without your permission.

14. Acceptable Usage Policy
    • You may only use Feminstry’s platform and apps in a manner that is lawful and that complies with the provisions of this Clause 14. Specifically:
      • You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
      • You must not use Feminstry’s platform and apps in any way, or for any purpose, that is unlawful or fraudulent;
      • You must not use Feminstry’s platform and apps to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
      • You must not use Feminstry’s platform and apps in any way, or for any purpose, that is intended to harm any person or persons in any way.
    • The following types of User Content are not permitted on Feminstry’s platform and apps and you must not create, submit, communicate or otherwise do anything that:
      • is sexually explicit;
      • is obscene, deliberately offensive, hateful, or otherwise inflammatory;
      • promotes violence;
      • promotes or assists in any form of unlawful activity;
      • discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
      • is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      • is calculated or otherwise likely to deceive;
      • is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
      • misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 14.2);
      • implies any form of affiliation with Us where none exists;
      • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
      • is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    • Feminstry reserve the right to suspend or terminate your Account and/or your access to Feminstry’s platform if you materially breach the provisions of this Clause 14 or any of the other provisions of these terms and conditions. Specifically, Feminstry may take one or more of the following actions:
      • Suspend, whether temporarily or permanently, your Account and/or your right to access Feminstry’s platform (for more details regarding such cancellation, please refer to sub-Clause 8.9);
      • Remove any of your User Content which violates this Acceptable Usage Policy;
      • Issue you with a written warning;
      • Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      • Take further legal action against you as appropriate;
      • Disclose such information to law enforcement authorities as required or as Feminstry deem reasonably necessary; and/or
      • Any other actions which Feminstry deem reasonably appropriate (and lawful).
    • Feminstry hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that Feminstry may take in response to breaches of these Terms and Conditions.

15. Advertising
    • Feminstry may feature advertising within Feminstry’s platform and apps, and Feminstry reserve the right to display advertising on the same page as any User Content.
    • You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.
    • Where Feminstry permits thid-party advertising on Feminstry’s platfrom and apps, Feminstry will not be responsible for any advertising errors, inaccuracies, or omissions.

16. Problems with Feminstry’s Platform
    • If you have any questions or complaints regarding Feminstry’s platform, please email Us at hello@feminstry.com or by using any of the modes of contact set out on our website.

17. Disclaimers
    • Feminstry is designed for awareness and wellbeing support only. It does not replace medical advice. Please consult a healthcare professional for medical guidance.
    • No part of Feminstry’s platform or apps or any accompanying documentation (whether provided in electronic form or otherwise) constitutes medical, health, legal or other professional advice. While we have full confidence in Feminstry’s platform and apps, medical, health, professional or specialist advice should always be sought before taking any action based on the information, data, analytics and insights produced from Feminstry’s platform and apps.
    • Feminstry make reasonable efforts to ensure that the content contained within Feminstry’s platform and apps is complete, accurate and up to date. Feminstry do not, however, make representations, warranties or guarantees (whether express or implied) that Feminstry’s platform and apps (and the content therein) is complete, accurate or up to date.
    • Feminstry are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created or uploaded using Feminstry’s platform and apps. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.

18. Our Liability
    • To the fullest extent permissible by law, Feminstry accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Feminstry’s platform and apps or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Feminstry’s platform and apps.
    • To the fullest extent permissible by law, Feminstry accept no liability to individuals or businesses for loss or damage that is not foreseeable.
    • To the fullest extent permissible by law, Feminstry exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Feminstry’s platform and apps or any Content (including User Content) included in Feminstry’s platform and apps.
    • Feminstry accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    • Feminstry exercise all reasonable skill and care to ensure that Feminstry’s platform and apps are free from viruses and other malware. Subject to sub-Clause 16.2.1, Feminstry accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Feminstry’s platform and apps (including the downloading of any Content (including User Content) from it) or any other Website or service that Feminstry may provide a link to.
    • Feminstry neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Feminstry’s platform and apps resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    • Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

19. Viruses, Malware and Security
    • Feminstry exercise all reasonable skill and care to ensure that Feminstry’s platform and apps are secure and free from viruses and other malware including, but not limited to, the scanning of any and all User Content for viruses and malware as it is uploaded. Feminstry do not, however, guarantee that Feminstry’s platform and apps are secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 18.6.
    • You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
    • You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Feminstry’s platform and apps.
    • You must not attempt to gain unauthorised access to any part of Feminstry’s platform and apps, the server on which Feminstry’s platform and apps are stored, or any other server, computer, or database connected to Feminstry’s platform and apps.
    • You must not attach Feminstry’s platform and apps by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    • By breaching the provisions of sub-Clauses 19.3 to 19.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and Feminstry will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Feminstry’s platform and apps will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.

20. Privacy and Cookies

The Use of Feminstry’s platform and apps is also governed by Our Privacy Policy and our Cookie Policy. These policies are incorporated into these Terms and Conditions by this reference.

21. Data Protection

Feminstry will only use your personal information as set out in Our Privacy Policy and corresponding privacy notices available on our website.

22. Communications from Us
    • If you have an Account, Feminstry may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, changes to Feminstry’s platform and apps, and changes to your Account.
    • Feminstry will never send you marketing emails not related to our products and services without your express consent. If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.
    • For questions or complaints about email communications from Us (including, but not limited to, marketing emails), please contact Us at hello@feminstry.com.

23. Other Important Terms
    • Feminstry may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if Feminstry sell Our business). If this occurs, you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
    • The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
    • If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
    • No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that Feminstry have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that Feminstry will waive any subsequent breach of the same or any other provision.

24. Changes to these Terms and Conditions
    • Feminstry may alter these Terms and Conditions at any time Any such changes will become binding on you upon your first use of Feminstry’s platform and apps after the changes have been implemented. You are therefore advised to check this page from time to time.
    • In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

25. Contacting Us

To contact Us, please email Us at hello@feminstry.com.

26. Law and Jurisdiction

• These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

• Any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.