Last updated: December 30, 2023

She The Mighty Terms of Use

Welcome to She the Mighty

This Terms of Use sets forth the Agreement between you and She the Mighty Inc. (“we” or “us”) regarding your use of our web service and mobile applications, specifically including the websites www.shethemighty.com, www.app.shethemighty.com, faq.shethemighty.com and www.club.shethemighty.com  (collectively the “Service”). Please read this Agreement, because it contains important information if you are a Pro member about your content (that you own), how information is shared between Hosts and Members, our limitation of liability to you, and your agreement to resolve any disputes by individual arbitration.

If you cannot agree to these Terms of Use, don’t use the Service.

1.Using the Service

A. How It Works

Our service enables people to create or participate in a community, online courses, events, and subscriptions dedicated to an interest, passion, identity, or individual (a “space”) for free or for a fee. People who create a space (“Pros”) do so to invite in people (“Members”) to connect with each other, to message, and to exchange information and content. Pros tailor their space by adding their own branding, choosing which features they enable, the Members they invite, and the activities they organize in their space.

B. Who Can Use She the Mighty?

You must be at least the age of majority in the province or country where you live to create a space or participate in She the Mighty.

C. Registration

You will set up an account with She the Mighty when you join to participate in. When you set up a profile with She the Mighty, we treat registration information according to our Privacy Policy. Your name and contact information will be made available to the Hosts of the spaces you select to join or purchase access to. You are responsible for maintaining the confidentiality of your password.

D. Privacy

Our privacy practices are set forth in our Privacy Policy, which is part of this Agreement. By joining She the Mighty, you are sharing personally identifiable information with your Business Pro Host, other Members, and us.

E. Acceptable Use

When you create a space or join She the Mighty, you agree to follow the  She the Mighty Acceptable Use Policy at all times. We reserve the right, but have no obligation or liability for, monitoring any interactions with other Members or Pros of the Service. You may submit a complaint or concern about another Member or Pro to support@shethemighty.com.

F. Termination

You may close your Pro or Member account at any time by going to account settings and disabling your account. You may stop your subscription at any time by cancelling your monthly payment either through www.shethemighty.com or app.shethemighty.com depending on which site you subscribed through. We may terminate your account if you violate the She the Mighty Acceptable Use Policy or for any other reason. We may suspend your use of the Service or the Service at any time for any reason, without any notice.

G. Feedback

We welcome your feedback and suggestions about how to improve She the Mighty. Submit feedback at support@shethemighty.com. By submitting feedback, you agree to grant us the right to use it for free.

2. Your Content

You keep complete ownership of all content and activity you post in She the Mighty. You give us permission to share and use any of your content that has been posted, for which you give consent without additional costs or fees. Make sure you have permission to use content that you post on She the Mighty.

A. Your Content.

All material that you upload, publish or display to others via She the Mighty is “Your Content,” unless provided for otherwise by us. The Service enables you to add posts, articles, photos, videos, questions, polls, links, files, events, groups, and chat with other Members. The Service also allows you, if you are a Pro Host, to create a personalized name for your Spaces (“Your Space Name”), which will appear in a menu on our platform accessible directly to visitors and Members. Material that a Member uploads, publishes, or displays to others via She the Mighty is “User Generated Content”. Your Content, including User Generated Content, does not include Your Data (defined below).

B. You (and the people you license Your Content from) keep complete ownership of all Your Content. By posting Your Content on the Service, you grant us a license to show it on She the Mighty, but you and your licensors still own it.

In legalese: In connection with your use of the Service, you hereby grant and will grant She the Mighty, Inc. and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use Your Content in connection with the operation of the Service in any form, medium or technology now known or later developed, including publication and use on any Integrated Services (as defined below). This license includes the right for us to make Your Content available and sublicense rights to other entities and individuals who partner with us in the delivery of the Service, including the right to move Your Content to another platform. Only we, your Space Hosts and Members will be able to see Your Content that you post on She the Mighty. She the Mighty, Inc. may preserve Your Content and may also disclose Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any Your Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of She the Mighty, Inc., its Users and the public. The technical processing and transmission of Your Content may involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices.

C. Your Data

If you are a Space Host, you own the list of Member emails and contact information (“Membership List”) for Members who have joined your Spaces by choice and grant us the license to use it to provide the Service. You do not own the list of Member emails and contact information for any members who have been automatically added to any of Your Spaces.

D. Acceptable Use

You agree to follow the She the Mighty Acceptable Use Policy. If you are a Space Host, you agree to respect commitments made to Members of Your Spaces about use of the Membership List, as further described in Section 5. You accept responsibility if Your Content violates the intellectual property or personal rights of others. You agree to pay all royalties, fees, and any other monies owed to any person by reason of any of Your Content. We are not obligated, but reserve the right, to remove or suspend, in whole or part, Your Content that violates the She the Mighty Acceptable Use Policy.

3. Copyright and Trademark Policies

The She the Mighty Copyright Policy and She the Mighty Trademark Policy are incorporated by reference into this Agreement. If you believe that your intellectual property is being violated on the Service, you can submit a complaint and request for takedown of specific material at support@shethemighty.com.

4. Service Materials

A. Service Materials

All rights, title, and interest in the Service, including the She the Mighty  badges, logos, text, images, design, software, documentation, graphics, photographs, video and audio files, other files, data, and the selection, arrangement, structure and coordination thereof (excluding Your Content, User Generated Content, Your Data, third-party web services or third-party content linked to or posted within the Service) (collectively “Service Materials”) are the property of She the Mighty, Inc. and/or its licensors. The She the Mighty name and logo are trademarks and service marks of She the Mighty. We retain all right, title, and interest in and to the Service Materials. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Service Materials without our express written permission.

B. Our Licenses to You.

Subject to these terms, including our She the Mighty Acceptable Use Policy, we grant you a limited, non-exclusive license to use and access the Service Materials and the Service. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.

C. No Endorsement or Screening.

Please note that the Service contains access to third-party content and other interactions over which we have no control. We assume no responsibility for, nor do we endorse, screen, or approve the content, offerings, or materials made available to you within She the Mighty, or the conduct of parties who participate in She the Mighty.

5. Rights and Obligations of Hosts

A. Emails and Contact Information of Members

The name and contact information of Members who register to join She the Mighty and additional Spaces on She the Mighty become available to us as well as Space Hosts of the Spaces that they have chosen to join in order to facilitate communications. We, and Space Hosts will use the Membership List solely to communicate with a Member for purposes related to She the Mighty or the reasonably assumed interests of the Member who has joined She the Mighty. A Space Host agrees not to: i) sell the Membership List to a third-party, or ii) or use or disclose it for commercial purposes unrelated to She the Mighty or the interest of Member who joined She the Mighty.

B. Representation and Warranty of Hosts

If you are a Space Host, it is important for you to respect and honour the trust of Members who join She the Mighty and the Space you created. If you are a Space Host, you represent and warrant that, in your communications with Members and handling of Your Data, you: i) will comply with all applicable laws and regulations; and ii) will honour the restrictions set forth in Section 5(a). If you are a Space Host, you also represent and warrant that all advertising, sponsorships, and promotions you introduce to your Space will comply with all applicable laws, regulations, and industry guidelines, including but not limited to the FTC December 2015 guidance regarding native advertising. If you are a Space Host with Members in the European Union, you represent and warrant that you have obtained user consent prior to sending emails outside of the Service, as EU law requires opt-in consent for emails. You must provide a means of opting-out of any emails.

C. Takedown Assistance

In the event that a party misdirects a takedown request directly to the Space Host (within or outside of the Service), the Space Host will redirect the takedown request directly to support@shethemighty.com within two (2) business days.

6. Commissions 

Space Hosts may choose to sell access to your Spaces, products, events, or services on She the Mighty. The She the Mighty Independent Distributor Agreement is incorporated by reference into this Agreement.

7. Premium Services

A. Fees

If you select a portion of the Service for which a fee applies (“Premium Service”), you agree to pay the applicable fee when you sign up. For a Premium Service, you will be required to select a payment plan and instrument for payment. For Premium Services, additional terms may apply, and you may be asked to agree to additional terms by separate agreement.

B. No Refund at Termination

i. If you as a Member or a Space Host terminate your Premium Service, we will not refund any payment for your unused Premium Service.

ii. If we terminate your Premium Service for violation of the terms of this Agreement or our policies, we will not refund any amount paid for unused Premium Service.

iii. If you are a Member and your Space Host or Business Pro terminates your Premium Service, or you terminate your subscription yourself, your Space Host or Business Pro will decide whether to provide you with a refund.

8. Disclaimers and Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF SHE THE MIGHTY, INC. ENTITIES TO YOU. “SHE THE MIGHTY, INC. ENTITIES” MEANS SHE THE MIGHTY, INC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:

A. WE ARE PROVIDING YOU THE SERVICE, ALONG WITH SERVICE MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SHE THE MIGHTY, INC. ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

B. SHE THE MIGHTY, INC. MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY MEMBER, HOST, OR THIRD PARTY, (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE, INCLUDING AN INTEGRATED SERVICE PROVIDER (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY, HOST, OR MEMBER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICE. SHE THE MIGHTY, INC. MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICE, WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY SPACES, EVENTS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE.

C. YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, SHE THE MIGHTY, INC. ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT SHE THE MIGHTY, INC. ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

D. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

E. WITHOUT LIMITING THE FOREGOING, SHE THE MIGHTY, INC.’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO SHE THE MIGHTY, INC. IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

9. Indemnification

You agree to release, indemnify, and defend She the Mighty, Inc. Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of Service, ii) Your Content, iii) your conduct or interactions with other Hosts or Members of the Service, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim, and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defence, and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defence of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

You also agreed to release, indemnify, and defend your Hosts and Members from all third-party claims and costs arising out or related to: i) your use of the Service, ii) Your Content, iii) your conduct or interactions with Hosts or Members, or iv) your breach of any part of this Agreement.

10. Dispute Resolution, Arbitration, and Class Action Waiver

We hope that our customer success team can resolve any issues you may have. However, if that does not work, then both parties agree to resolve any dispute arising out of these terms exclusively by individual, binding arbitration. The term “dispute” is to be given the broadest possible meaning that will be enforced, and will include disputes related to your use of the Service, this Agreement (including the scope of this provision), regardless of whether such disputes are based in contract, tort, statute, fraud, unfair competition, or some other legal theory. Disputes regarding privacy shall be resolved by the mechanisms outlined in our Privacy Policy.

The arbitration process can be a faster, simpler, less formal, and less expensive route than filing a lawsuit and going to court. In arbitration you are still entitled to a fair hearing, but your rights will be determined by a neutral arbitrator (and not a judge or jury). Arbitrator decisions are as enforceable as any court order, and are subject only to very limited review by a court. Each party is giving up the right to sue in court and to have a trial before a judge or jury.

Each party here agrees to try in good faith for 30 days to informally resolve any dispute before starting arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the dispute as well as the relief sought. If you want to send such a notice to us, send it to support@shethemighty.com. If we want to send such a notice to you, we will send it to the email address associated with your account. If the parties do not reach an agreement to resolve the dispute within 30 days after the date the notice was sent, then the parties may start arbitration as described below.

The Canadian Arbitration Association (CAA) will administer the arbitration, and the arbitration will be governed by the CAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, as modified by these terms. Those rules and information about how to start arbitration are available at https://canadianarbitrationassociation.ca/ or by calling  1-800-856-5154. The arbitrator is bound by these terms. The arbitration will be conducted through the submission of documents, by phone, or in person at a mutually agreed location.

The arbitrator’s award will be final and specifically enforceable under applicable law, and judgment may be entered upon it in any court with jurisdiction. The arbitration costs, including arbitrator compensation, will be shared between you and us according to the CAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.

Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. By agreeing to these terms, you are waiving the right to participate in a class action. Further, unless the parties mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this waiver is found to be illegal or unenforceable, then the parties agree that this entire section will be unenforceable, that any dispute will be resolved exclusively in a provincial or federal court located in Toronto, Ontario, Canada, and that the parties both submit to the personal jurisdiction of such courts. If a claim proceeds in court rather than through arbitration, the parties waive any right to a jury trial.

This section does not: (i) prevent either party from litigating any dispute in small claims court; (ii) apply to disputes arising out of or related to infringement or other misuse of our intellectual property rights; or (iii) prevent either party from bringing a dispute to the attention of any federal, state, or local government agencies.

If you do not want to be bound by this binding arbitration provision and class action waiver, you must notify us within 30 days of the date that you first accept or receive these terms by sending a written notification to support@shethemighty.com that includes your actual name and She the Mighty user name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration.

11. General Legal Terms

A. Changes to these Terms

We may amend this Agreement (including any policies, such as the Privacy PolicyShe the Mighty Acceptable Use PolicyShe the Mighty Copyright Policy, She the Mighty Trademark Policy, and She the Mighty Independent Distributor Agreement that are incorporated into this Agreement) at any time in our sole discretion. If we amend the terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion and manner of notification could include, for example, via email, posted notice on the Service, or other manner. You can view the Agreement at any time at here. Your failure to cancel your account, or cease use of She the Mighty, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of She the Mighty.

B. Governing Law and Jurisdiction

You agree that She the Mighty is operated in Canada and will be deemed to be solely based in Ontario and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in federal or provincial court in Toronto, Ontario and governed by laws of the province of Ontario, without regard to any conflict of law provisions.

C. Use Outside of Canada

She the Mighty, Inc. expressly disclaims any representation or warranty that the Service complies with all applicable laws and regulations outside of Canada. If you use the Service outside of Canada, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Service.

D. Export

The Service is controlled and operated from our Canadian offices in Ontario. She the Mighty is subject to Canadian export controls. No software for She the Mighty may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a Canadian government embargo, or that has been designated by the Canadian government as a “terrorist supporting” country, and (2) listed on any Canadian government list of prohibited or restricted parties.

E. Applications and Mobile Devices

If you access the Service through a mobile application, you acknowledge that this Agreement is between you and She the Mighty, Inc. only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.

F. Survival

The following provisions will survive expiration or termination of this Agreement: Sections 1(f)(Termination), 1(g)(Feedback), 2(b)-(c)(Your Content and Your Responsibilities for Your Content), 4(a)(ServiceMaterials), Section 5(b)(Representation and Warranty of Hosts), any outstanding payment obligations pursuant to Section 7(Premium Services) and Sections 8-11.

G. Assignment

You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

H. Electronic Communications

You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

I. Entire Agreement / Severability

This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Service and constitutes the entire agreement between you and us regarding the Service, except as provided for in Section 7. If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect.

J. Interpretation

In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favour as a result of its counsel’s role in drafting this Agreement.

K. Notices

All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us by you via support@shethemighty.com. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.

L. Relationship

This Agreement does not confer any third-party beneficiary rights and does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.

M. Waiver

No waiver of any terms will be deemed a further or continuing waiver or such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.

N. Further Assurances

You agree to execute a hard copy of this Agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.

O. Contact

Feel free to contact us at support@shethemighty.com with any questions about these terms.

P. Agreement to Terms

When you use the Service, you agree to the terms of use set forth in this agreement (including the Privacy Policy and She the Mighty Acceptable Use Policy, regardless of whether you are a registered user.

Q. Changes to the Service

We are always trying to improve your experience on the Service. We may need to add or change features and may do so without notice to you.

R. Earnings & Income Disclaimer

We at She the Mighty, Inc make no guarantees as to results or earnings or income related to any of the services or offerings found on this website, whether our own or that of a third party. The information provided, including through any of our services, programs or offerings, is intended to be for your educational or entertainment purposes only, and does not constitute an opportunity to get rich. Your use of any information that we present, including through a program or service you purchase through this website, should be based on your own due diligence and determination that it suits the purpose for which you desire to use it.

Certain information which may be provided on our website or in our materials may include forward-looking statements. Forward looking statements relate to expectations or forecasts of future events, and may be identified by use of the words “estimate,” “project,” “predict,” “forecast,” or similar words related to expected future outcomes or possibilities. Any forward looking statements on our website or in our materials are expressions of our opinion only and are not guarantees that any particular outcome or result will be achieved.

We make no representations or guarantees that you will achieve any results or earnings as a result of using our services or products. Any examples or statements regarding earnings or income made by She the Mighty, Inc., or its advertisers, sponsors or affiliates, are provided as examples or estimates only of what we think might be possible. You agree that you understand that any estimates or examples provided do not in any way guarantee that you will achieve the same or similar level of results or income, and that past results do not reflect the average results. We make no representations regarding average results or earnings related to any information or offerings we provide.

Further, there is no assurance that any examples of past earnings will be duplicated in the future, by the same individuals or anyone else including you. You agree that we at She the Mighty, Inc., including our advertisers, sponsors and affiliates, are not responsible for your future results including any successes or failures you experience whether directly or indirectly related to your use of our information.

You accept that results vary by individual and are based on a wide variety of factors which may include but are not limited to your skill, knowledge, ability, dedication, business savvy, network and financial situation, amongst other factors, some of which may be beyond your influence or control. You assume all risks related to your use of any information we present and accept that we are not responsible for your actions.

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