Terms & Conditions

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 Kweevo analytics apps (“Kweevo Analytics”). 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 Kweevo Analytics immediately.

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

“Account”	Means an account required to access and use Kweevo Analytics, as detailed in Clause 4;
“Content”	means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Kweevo Analytics;
“Contract”	means the contract between Us and you for the purchase and sale of a Subscription to Kweevo Analytics, as explained in Clause 6;
“Order”	means your order for a Subscription;
“Subscription Confirmation”	means Our acceptance and confirmation of your Order;
“Subscription”	means a subscription to access Kweevo Analytics, purchased in accordance with these Terms and Conditions;
“User”	means a user of Kweevo Analytics;
“User Content”	means data uploaded by Kweevo Analytics subscribers, as well as apps and dashboards produced from the uploaded data, created and/or uploaded by Users in or to Kweevo Analytics; and
“Kweevo/Us/Our”	means Kweevo Ltd, a limited company registered in England under company number 12417650, whose registered address is 71-75 Shelton Street, London, WC2H 9JQ.

2. Information About Us
   • Kweevo Analytics is owned and operated by Kweevo Ltd, a limited company registered in England under company number 12417650, whose registered address is 71-75 Shelton Street, London, WC2H 9JQ.
3. Access and Changes to Kweevo Analytics
   • Access to Kweevo Analytics requires a monthly or annual Subscription. Upon purchasing a Subscription, Kweevo Analytics will be available to you for the duration of that monthly or annual Subscription and any subsequent renewals.
   • Kweevo may from time to time make changes to Kweevo Analytics:
     • Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. Kweevo 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 Kweevo Analytics;
     • Minor changes may be made to reflect changes in the law or other regulatory requirements. Kweevo will inform you by email of any minor changes (including, if applicable, anything that you need to do). Minor changes will not materially affect your use of Kweevo Analytics; and
     • Kweevo will develop and improve Kweevo Analytics over time, in some cases making significant changes to it. You will be kept fully informed of any significant changes.
   • Kweevo will always aim to ensure that Kweevo Analytics is available at all times. In certain limited cases, however, Kweevo may need to temporarily suspend availability to make certain changes outlined under sub-Clause 3.2. Unless Kweevo are responding to an emergency or an urgent issue, Kweevo will inform you in advance of any interruptions to the availability of Kweevo Analytics. If Kweevo need to suspend Kweevo Analytics for longer than three (3) days, Kweevo will add the corresponding time to the duration of your current Subscription period at no cost to you. If Kweevo need to suspend Kweevo Analytics 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 Kweevo Analytics.
   • 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.
   • Kweevo 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. Kweevo 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 Kweevo Analytics, please ensure that you have downloaded your User Content to your computer or device before closing your Account. 

5. Subscriptions, Pricing and Availability
   • Kweevo make all reasonable efforts to ensure that all general descriptions of the services available from Us (specifically, Kweevo Analytics) correspond to the actual services that will be provided to you.
   • All pricing information is correct at the time of going online. Kweevo 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 include VAT.

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 Kweevo Analytics, Website or any other material constitutes a contractual offer capable of acceptance. By purchasing a Subscription, you are making Us a contractual offer that Kweevo may, at Our sole discretion, accept.  Our acceptance is indicated by Us sending you a Subscription Confirmation by email.  Only once Kweevo 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 Kweevo do not accept or cannot process your Subscription purchase for any reason, no payment will be taken under normal circumstances. If Kweevo 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 Kweevo Analytics 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.
   • Kweevo 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:
     • Kweevo have incorrectly described Kweevo Analytics or it is faulty (please refer to Clause 16 for more details); or
     • Kweevo have informed you of an upcoming change to Kweevo Analytics or to these Terms and Conditions that you do not agree to; or
     • Kweevo have informed you of an error in the price or description of your Subscription or Kweevo Analytics and you do not wish to continue; or
     • There is a risk that the availability of Kweevo Analytics may be significantly delayed due to events outside of Our control; or
     • Kweevo have informed you that Kweevo have suspended, or are planning to suspend, availability of Kweevo Analytics for a period greater than 15 days; or
     • Kweevo 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 Kweevo App https://app.kweevo.com/settings/manage-account/ or by email at support@kweevo.com.
   • We may ask you why you have chosen to cancel your Subscription and may use any answers you provide to improve Kweevo Analytics 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 Kweevo 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, Kweevo may cancel your Subscription and/or close your Account. If Kweevo take such action, you will be notified by email and Kweevo will provide an explanation for the cancellation and/or closure.
     • If your Account is closed and your Subscription is cancelled, Kweevo 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 Kweevo have closed your Account and cancelled your Subscription in error, please contact Us at support@kweevo.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
   • Kweevo grant Users a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Kweevo Analytics to compile data analytics and insights from business data using the Kweevo Analytics dashboards for 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 Kweevo Analytics (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 Kweevo Analytics;
     • Not to disassemble, decompile or otherwise reverse engineer Kweevo Analytics;
     • Not to allow or facilitate any use of Kweevo Analytics that would constitute a breach of these Terms and Conditions; and
     • Not to embed or otherwise distribute Kweevo Analytics on any Website, ftp server or similar.

10. Links to Kweevo Analytics
    • You may link to Kweevo Analytics 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 Kweevo Analytics) 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 Kweevo Analytics kweevo.com unless using the sharing features of Kweevo Analytics. You may not deep-link to other parts of Kweevo Analytics.
    • You may not link to Kweevo Analytics 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

Kweevo 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.  Kweevo 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 Kweevo Analytics. 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 Kweevo Analytics.
    • If you wish to remove User Content, you may do so by sending us an email at support@kweevo.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.
    • Kweevo take technical and organisational security measures to limit and/or restrict the ability of Users to unlawfully copy User Content created using Kweevo Analytics. Despite such measures, Kweevo 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 Kweevo Analytics 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 Kweevo Analytics in any way, or for any purpose, that is unlawful or fraudulent;
      • You must not use Kweevo Analytics 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 Kweevo Analytics 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 Kweevo Analytics 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.
    • Kweevo reserve the right to suspend or terminate your Account and/or your access to Kweevo Analytics if you materially breach the provisions of this Clause 14 or any of the other provisions of these terms and conditions. Specifically, Kweevo may take one or more of the following actions:
      • Suspend, whether temporarily or permanently, your Account and/or your right to access Kweevo Analytics (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 Kweevo deem reasonably necessary; and/or
      • Any other actions which Kweevo deem reasonably appropriate (and lawful).
    • Kweevo hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that Kweevo may take in response to breaches of these Terms and Conditions.

15. Advertising
    • Kweevo may feature advertising within Kweevo Analytics and Kweevo 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 Kweevo permits thid-party advertising on Kweevo Analytics, Kweevo will not be responsible for any advertising errors, inaccuracies, or omissions.

16. Problems with Kweevo Analytics
    • If you have any questions or complaints regarding Kweevo Analytics, please email Us at support@kweevo.com or by using any of the modes of contact set out on our website.

17. Disclaimers
    • No part of Kweevo Analytics or any accompanying documentation (whether provided in electronic form or otherwise) constitutes legal or other professional advice. While we have full confidence in Kweevo Analytics, professional or specialist advice should always be sought before taking any action based on the data analytics and insights produced from Kweevo Analytics.
    • Kweevo make reasonable efforts to ensure that the content contained within Kweevo Analytics is complete, accurate and up to date. Kweevo do not, however, make representations, warranties or guarantees (whether express or implied) that Kweevo Analytics (and the content therein) is complete, accurate or up to date.
    • Kweevo are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created or uploaded using Kweevo Analytics. 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, Kweevo 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) Kweevo Analytics or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Kweevo Analytics.
    • To the fullest extent permissible by law, Kweevo accept no liability to businesses for loss or damage that is not foreseeable.
    • To the fullest extent permissible by law, Kweevo exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Kweevo Analytics or any Content (including User Content) included in Kweevo Analytics.
    • Kweevo 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.
    • Kweevo exercise all reasonable skill and care to ensure that Kweevo Analytics is free from viruses and other malware. Subject to sub-Clause 16.2.1, Kweevo 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 Kweevo Analytics (including the downloading of any Content (including User Content) from it) or any other Website or service that Kweevo may provide a link to.
    • Kweevo neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Kweevo Analytics 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
    • Kweevo exercise all reasonable skill and care to ensure that Kweevo Analytics is 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. Kweevo do not, however, guarantee that Kweevo Analytics is 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 Kweevo Analytics.
    • You must not attempt to gain unauthorised access to any part of Kweevo Analytics, the server on which Kweevo Analytics is stored, or any other server, computer, or database connected to Kweevo Analytics.
    • You must not attach Kweevo Analytics 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 Kweevo will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Kweevo Analytics 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 Kweevo Analytics 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

Kweevo 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, Kweevo 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 Kweevo Analytics, and changes to your Account.
    • Kweevo 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@kweevo.com.

23. Other Important Terms
    • Kweevo 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 Kweevo 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 Kweevo have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that Kweevo will waive any subsequent breach of the same or any other provision.

24. Changes to these Terms and Conditions
    • Kweevo may alter these Terms and Conditions at any time Any such changes will become binding on you upon your first use of Kweevo Analytics 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@kweevo.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.