Ferly Terms & Conditions
END USER LICENCE AGREEMENT
These are our T&Cs. We've taken care to make them plain and simple so you aren't confused by any legal jargon!
Consent matters - by downloading the app, you agree that our relationship will be governed by these terms. If that doesn't work for you, that's cool but please don't use the App.
Consent matters - by downloading the app, you agree that our relationship will be governed by these terms. If that doesn't work for you, that's cool but please don't use the App.
WHO ARE WE? - Introducing Ferly
WE are Ferly (which is a trading name of Leika Limited) with company number 11310980 and our registered address at Unit 6 Queens Yard, White Post Lane, London, United Kingdom, E9 5EN (referred to as “Ferly” / “we” / “us”).
YOU are the gorgeous person who has chosen to use our App and invest in your sexual wellbeing! (referred to as “the User” / “you”).
USING THE APP – You must be 17+ to use the App and you must take care to protect your account.
You must be at least 17 years of age to use the App. If you are not 17 yet, don’t worry – we’ll be here waiting for you!
For Apple users, the App requires an Apple iPhone or iPad device with a minimum of 8GB of memory and the iOS or iPad operating system 9.0+. For Android users, the App requires an Android device with a minimum of Android 5.0 (Lollipop)
The App is provided for your personal use only, it may not be used for commercial purposes.
You are responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account or password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with this Agreement, whether or not you own the phone or other device.
OUR ENGAGEMENT UNDER THIS AGREEMENT – This Agreement (together with other key documents) governs your ability to access Ferly’s content and in-app services.
Please note that we have included definitions for certain terms in “speech marks and in bold” for ease of reference. Any clause headings and clause summaries are for reference purposes only and shall not have legal effect. Please read the full clause text.
We provide you with the right to use in accordance with this End User Licence Agreement (“Agreement”):
the Ferly software application and the Ferly website weareferly.com (collectively referred to as the “App”), each as updated from time to time;
the data, documents, materials, content, audio recordings or other information provided by us to you through the App (“App Assets”); and
the services available to you from time to time via the App, including the reflections (the journal feature within the App), social features such as community polls, and the App Assets that we provide through it (collectively referred to as the “Services”).
We both agree that no other terms shall apply – it’s just the terms set out in this Agreement and the following documents:
our Privacy Notice at [https://weareferly.com/privacypolicy1];
our Cookies Policy; and
any applicable app store terms (e.g. Apple / Google), including any of their rules and policies,
each as updated from time to time. If any of these documents conflict with this Agreement, this Agreement will be the governing document. No other terms will be binding unless we agree otherwise in writing with you.
Each party agrees that the Services have not been misrepresented or described in a misleading way.
This Agreement is governed by English law and the parties agree that the English courts will have exclusive jurisdiction to settle any contractual or non-contractual claims and disputes. To the extent that you are a resident of a country other than England, where any mandatory local law in your country cannot be lawfully excluded, this Agreement shall be deemed to be modified to the extent required to give effect to such mandatory local laws.
PURCHASES – Certain features of the App are provided on a Subscription basis and payment is taken in accordance with this clause.
We offer certain enhanced features of the Services on a chargeable basis, which you can purchase as a monthly, yearly or lifetime subscription (“Subscription”). A description of features associated with Subscriptions is available via the App.
When you purchase a Subscription (each a “Transaction”), we may ask you to supply relevant information, such as your payment card number, the expiration date of your credit card and your address for billing purposes (“Payment Information”). You warrant that you have the legal right to use all any such Payment Information.
The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorise us to provide your Payment Information to third party service providers so that we can complete your Transaction and you agree: (a) to pay the applicable fees and any taxes; (b) that Ferly may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order.
Your order is not binding on Ferly until it is accepted and confirmed by Ferly. All payments made are non-refundable and non-transferable except as expressly provided in this Agreement.
If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Ferly.
Ferly reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Ferly deems appropriate in its sole discretion. Ferly also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Ferly will either not charge you or refund the charges for orders that we do not process or cancel.
You agree that your Subscription purchases are not contingent on the delivery of any future App functionality or features, or dependent on any oral or written public comments made by Ferly regarding future functionality or features.
UPDATES – We have the right to vary the terms of this Agreement from time to time and we will provide you with notice.
We may update this Agreement at any time by emailing you with revised terms or displaying them within the App. You may be required to read and accept the revised terms to continue your use of the App and the Services.
We reserve the right to change its pricing terms for Subscriptions at any time. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals. If you do not agree with the changes to Ferly’s pricing terms then you may choose not to renew your Subscription in accordance with clause 15 below.
From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons and failure to do so may affect your use of the App and the Services.
APP AVAILABILITY – There may be occasions where the App is unavailable, but we will try to minimise this wherever possible.
We will try to publish the times of any planned system outages within the App in advance.
We do not guarantee that:
your use of the App will be uninterrupted or error-free;
the Services or App Assets obtained by you through the App will meet your requirements; or
the App will be compatible with your device.
We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet.
LOCATION DATA - We may collect location data (but you can turn location services off on your device)
Certain Services (such as App Assets being provided to you at specific times depending on your current time zone) will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to our transmission, collection, retention, maintenance, processing and use of your location data.
LICENCE RESTRICTIONS – Misbehaving in the app (as outlined below) will put you in breach of this Agreement.
You agree that you will not:
sub-license or make available any part of the App or the Services to any person without prior written consent from us;
copy the App, App Assets and/or the Services;
access all or any part of the App, the Services or any App Assets in order to build a product or service which competes with the App;
merge or modify the whole or any part of the App, the App Assets or the Services;
disassemble, reverse engineer or create derivative works based on the whole or any part of the App or the Services; and
do anything which would breach any applicable laws relating to your use of the App.
ACCEPTABLE USE RESTRICTIONS – You agree to be respectful within the App and not upload any inappropriate content.
You must not:
use the App or the Services in an unlawful manner or in breach of this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses into the App;
infringe our intellectual property rights (copyright, trade marks, design rights, database rights, moral rights, patents etc) (“IPR”) or a third party’s IPR in relation to your use of the App or any Service, including by the submission of any infringing or illegal content by you;
transmit any content that is derogatory, defamatory, offensive or otherwise objectionable in relation to your use of the App. This is particularly important in relation to any community boards or comments sections of a Service – please respect other user’s views and report and issues that you identify in accordance with clause 18.9;
use the App or any Service 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 App Assets or other information from the App or our systems.
INTELLECTUAL PROPERTY – We own all rights in the App and the content that we create, but you have the right to use it. You own all content that you create and upload.
All IPR in the App, the App Assets and the Services throughout the world belongs to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. All new IPR that we create will automatically belong to us.
You have no rights in, or to, the App, the App Assets or the Services other than the right to use them in accordance with this Agreement.
You may upload information, content and materials (including social contributions) (collectively referred to as “User Content”) to the App from time to time for certain aspects of the Services. You guarantee that you own all rights in the User Content and you acknowledge and agree that you have sole responsibility for the legality, reliability, accuracy and quality of the User Content.
You grant to us a non-exclusive, royalty-free, worldwide licence to use the User Content to the extent reasonably necessary for the provision of the Services from time to time. This right cannot be withdrawn by you (but you can delete the content from any public-facing elements of the App) and the licence may be used by us on an ongoing basis. For the avoidance of doubt, by posting User Content publicly to a Service, you grant us the right and license to use, modify, display, reproduce, and distribute such User Content for any purpose.
You acknowledge that we may use anonymised data from your User Content for our own purposes – we can confirm that you won’t be identifiable from this.
LIMITATION OF LIABILITY - Responsibility for loss or damage suffered by a party is limited in certain circumstances.
This clause sets out the liability of each party under the Agreement for arising under or in connection with this Agreement. (whether in contract, tort, misrepresentation or any other all other type of law).
With the exception of clause 11.3:
we will not be liable for the transmission of any viruses or malicious code to the User;
neither party will be liable for any unforeseeable losses (including indirect loss and consequential loss), loss of profits, loss of business or loss or corruption of data or information. Loss or damage is unforeseeable if either it is not obvious that it will happen or if, at the time you accepted these terms, neither party knew that it would happen; and
each party’s total liability under this Agreement will be limited to a sum of £1,000 in the aggregate of all claims.
Nothing in this Agreement will exclude the liability of either party for: (i) death or personal injury arising from the other party’s negligence; (ii) fraud; or (iii) under an indemnity in this Agreement.
All terms implied by law are excluded from this Agreement (to the extent permitted by law). You acknowledge that the App has not been created to meet your specific requirements and it is provided on an ‘as is’ basis only.
INDEMNITY – In some cases you will have to reimburse us for liability we incur if you breach the Agreement.
You agree to indemnify (i.e. reimburse on a pound for pound basis) for any liability suffered by us arising from, or in connection with, claims relating to a breach of the Licence Restrictions (clause 8), the Acceptable Use Restrictions (clause 9) or arising from the User Content (clause 10.3).
DISCLAIMER – Please exercise caution before relying on any information provided through the App.
The App and the Services are provided for general information purposes only and we do not offer tailored advice that you should rely on - everyone is unique. You must obtain professional or specialist health, medical or fitness advice before taking, or refraining from, any action on the basis of information obtained from the App or the Services. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
CONFIDENTIALITY AND PRIVACY – We may process sensitive personal information about you, but all information is kept confidential.
Our approach to the capture, storing, sharing and use of information and data (including data supplied by you) is set out in our Privacy Notice at [LINK]. Due to the nature of the App, we may process sensitive personal data about you.
Please read our Privacy Notice carefully as it is binding on you in relation to the processing of your Personal Data pursuant to your use of the App. Please note that we send users service-related information by email from time to time.
We will keep all information which you provide to us which is reasonably confidential relating to your account in strict confidence, provided that it is not published or publicly used in the App or the Services by you (“Confidential Information”).
We will only use your Confidential Information to the extent required in providing you with our Services and operating the App.
We may provide Confidential Information to our officers, employees, consultants, agents and subcontractors who need access to the Confidential Information in connection with discharging our obligations under this Agreement, provided that they are subject to comparable confidentiality restrictions as this section.
However, we can freely use Confidential Information if it: is in the public domain (without fault by us); is already known to us; is disclosed from another non-confidential source; or is required to be disclosed by law (provided that, where permitted by law, we notify you as soon as possible following its receipt of the disclosure request.
SUBSCRIPTION TERM – You will be charged upon purchasing a Subscription and upon each renewal period (which renews automatically. It is your responsibility to cancel if you do not wish to renew.
Your Subscription fees will be payable and charged:
for one-off purchase (e.g. lifetime Subscription) - at the time you place your order; or
for monthly or yearly Subscriptions - at the beginning of the Subscription and, because each such Subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided.
You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period.
If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.
TERMINATION - We may end your rights to use the App and the Services if you breach the terms of the Agreement
We may end your rights to use the App and Services at any time by contacting you if you have broken this Agreement in a serious way. If what you have done can be put right within 14 days, we will give you an opportunity to do so.
If we end your rights to use the App and Services:
you must stop all activities authorised by this Agreement, including your use of the App and any Services;
you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App and confirm to us that you have done this; and
we may remotely access your devices and remove the App from them and cease providing you with access to the Services.
Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of these Conditions shall remain in full force and effect. This includes, without limitation, the following provisions: Indemnity, Intellectual Property, Limitation of Liability and Confidentiality.
UNFORSEEABLE EVENTS – If something unforeseeable happens which affects the App, neither party will have any liability.
Neither party will have any liability to the other party for any failure or delay caused by any unforeseeable circumstance beyond that party’s reasonable control in performing its obligations in this Agreement. Such events may include: an act of God, fire, earthquakes, tidal waves, flood, storm, war, riots, strikes (whether involving the workforce of Ferly or any of its subcontractors), terrorism, malicious damage and/or legal changes and prohibitions.
MISCELLANEOUS – This clause sets out a number of standard contractual clauses (all of which are still important!)
If any term of this Agreement is found to be invalid or unenforceable, it will be severable from, and shall not affect, the remaining terms. The remaining clauses will continue in full force and effect.
You must not transfer this Agreement to anyone, as it is personal to you. We may transfer our rights and obligations under this Agreement at any time. This will not detrimentally affect your rights and obligations under this Agreement.
As part of the Services we may use a range of employees, consultants and sub-contractors and we will be responsible for them.
A person who is not a party to this Agreement will not have any rights under or in connection with it.
If you breach this Agreement and we decide not to enforce any of our rights against you, this will not prevent us from doing so at a later date.
This Agreement does not create an agency, partnership or joint venture relationship between us.
We will primarily communicate with you via email. All legal notices must be in writing and will be deemed given when mailed by registered or certified mail, return receipt requested, to the other party’s address. Serving notice by email or fax will not be accepted as an effective method of providing notice of a claim under this Agreement, but references to ‘writing’ shall otherwise include email in this Agreement.
Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Please contact us by emailing hello@weareferly.com to provide a notice under this Agreement (subject to clause 18.7), raise any queries or complaints or to highlight any inappropriate content or behaviour from other users within the App. We will do our best to come back to you promptly.