Terms and Conditions

1. Our Terms

When you become a member of The Companion, SFG Entertainment Inc. (“The Companion”, “we”, “us”, “our”) makes certain Digital Content, and other products available to you under these terms and conditions (our “Terms”).

These terms are explained below. By taking out a membership with us, you acknowledge that you have read, understood, and agree to comply with these Terms.

Please read the Terms carefully before you register for your membership. There are various different types of membership options, and these are listed in Appendix 1 (Membership Options).

Unless otherwise stated, when we say:

• 'Digital Content' we mean the published articles, podcasts, videos, VIP events and images that will be uploaded onto the Website
• 'Kickstarter Founding Member' we're referring to individuals that pledged money in our crowdfunding campaign that was launched in June 2020 on Kickstarter;
• 'Member' we're referring to all of our members; and
• 'Website' we're referring to www.thecompanion.app

We recommend that you save a copy of these Terms for your records. If you have any questions about our Terms or would like us to email you a copy, please do not hesitate to get in touch at support@thecompanion.app

2. The Companion Membership

2.1. Becoming a Member

2.1.1. To become a The Companion member, please visit www.thecompanion.app and choose whichever membership option you’d like to sign up to (each a “membership”).

Memberships are offered in monthly, yearly, or lifetime subscriptions. Lifetime subscription refers to the operational time span of The Companion.

2.1.2. Once you have chosen your membership package, you will need to provide us with some personal information, such as contact details and payment information, so that we can set up your membership.

2.1.3. When you submit your registration details, this constitutes an offer to join The Companion which, if we accept it, constitutes a binding contract. We will send you a confirmation email if we accept your offer (“Confirmation Email”).

2.1.4. The term of your membership will start on the date that we send you your Confirmation Email (the “Commencement Date”). You will be able to access Digital Content straight away.

2.1.5. To process your registration, we depend on the accuracy of all of the information you provide when you sign up. Unfortunately, we can’t be responsible if, for example, you do not receive the Confirmation Email because you made a mistake in the email address you provided to us (or any other reason).

2.1.6. If, either when you first join or at any time during your membership, you notice that the information you have given to us is wrong, you can update it via your membership account or by contacting member services at support@thecompanion.app.

2.1.7. We reserve the right to reject your registration for membership without giving you a reason.

2.2. Member requirements

In order to sign up for an account, you must be of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You must not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

2.3. What does your Membership include?

All memberships will give you access to our Digital Content. You can find out more details about your membership by signing in to your account on the Website and visiting the ‘Account’ section.

2.4. Access

2.4.1. To access our Digital Content, you can log in to the Website and simply enter your email address and a login link will be sent to you.

2.4.2. You will be able to access your Membership on up to 5 devices.

2.4.3. Your membership is personal to you and must not be used by anyone else to access the Website, nor should you use anyone else’s account at any time.

2.5. Can I change my membership?

It may be possible to change your membership package (e.g. if you wish to switch from a yearly to a monthly subscription) in certain circumstances. Please contact our membership services team to discuss what the options are and they will do their best to help (support@thecompanion.app).

Can The Companion change what is included in my membership?

2.5.1. We reserve the right to withdraw or change membership options and/or pricing at any time. Rest assured, though, that this will not affect any membership that you have already paid for unless we have to withdraw a membership option because, for whatever reason, we are unable to fulfil it. In such circumstances, our Refunds policies (Section 7), will apply.

2.5.2. If we intend to change the price of your membership, we will of course let you know when we send you your Renewal Email, so that you can choose whether or not to cancel your membership when your current term ends.

2.5.3. From time to time, we may make minor changes to our products and services in order to:

• reflect changes in applicable laws and regulatory requirements; or
• implement minor technical adjustments (e.g. to tackle a security threat); or
• make improvements that will make your experience better.

These changes should not affect your membership. If we consider that any changes will impact your membership we will of course let you know in advance, explaining what is changing, why and how the changes will affect you.

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3. Term and Auto-renewal

3.1. Minimum Term

3.1.1. Your membership will start on the Commencement Date.

3.1.2. The duration of your membership will vary depending on which membership option you have chosen. We will let you know what the minimum term is before you agree to purchase your membership and again in your Confirmation Email.

3.2. Auto-renewal

3.2.1. Your membership will automatically renew unless and until it is ended either by you or us (see Sections 7 and 9).

3.2.2. You are not entitled to a refund if you decide you want to cancel the auto-renewal or change your membership option after your membership has automatically renewed, unless Section 8.2 (Refunds) applies.

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4. Price and Payment

4.1. Price

The price of your membership package (which includes VAT) is the price stated on the Website registration pages when you join.

4.2. Payment

4.2.1. Payment will be taken monthly or annually (depending on which option is available) starting from the Commencement Date, unless or until your membership is cancelled in accordance with Section 7 (Cancellation of Membership) or Section 9 (Our Rights to Cancel or Suspend Your Membership)

4.2.2. We do need you to provide us with complete and accurate payment information at the time you join or alternatively pay through the App.

4.2.2. Payments can be made by direct debit, credit or debit card.

4.2.3. If you have any queries about your membership price, payment options or payment intervals, then please get in touch with our member services team at support@thecompanion.app.

4.3. Changes to the Price

4.3.1. We reserve the right to change the price and/or the benefits of our membership.

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5. Default Payments

We may end or suspend your membership if we do not receive your payment when it is due, and if we haven’t received your payment within 7 days of us reminding you that it is due.

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6 Cancellation of Membership

6.1. Legal right to cancel within 14 days

6.1.1. Subject to the below, you have a legal right to cancel your contract for a membership within 14 calendar days of receiving your Confirmation Email (the “Cancellation Period”) without giving us any reason.

6.1.2. You expressly agree that we may supply Digital Content to you, as part of your membership, before the end of the Cancellation Period.

6.1.3 If you want to cancel, please let us know clearly and in writing using the contact details in Section 17.

• your name and contact details;
• a clear statement that you would like to cancel your membership and confirmation that this constitutes your notice of cancellation;
• the date you received your Confirmation Email.

You must send your Cancellation Notice before the Cancellation Period has expired.

6.1.4. We will confirm we’ve received your Cancellation Notice in writing (normally by email). If there is a delay between receipt of your Cancellation Notice and our confirmation that means you received an additional charge, we may offer a refund if you contact support@thecompanion.app with proof of sending your Cancellation Notice.

6.1.5. If you cancel your membership within the Cancellation Period, we will reimburse all payments received from you (unless you are a guest member in which case you will not yet have paid anything). We will reimburse without undue delay and, in any event not later than 14 days after the day on which we received notice of your Cancellation Notice. We will use the same payment method that you used to purchase your membership, unless you tell us otherwise. We will not charge any fee in respect of the reimbursement.

6.1.6. If we don’t receive your Cancellation Notice because you make a mistake with our contact details (Section 17), you may not get your refund.

6.1.7 You will not be entitled to a refund if you attempt to cancel your membership after the Cancellation Period.

6.2. Other rights to cancel

If you do not want your membership to auto-renew, you will need to cancel your membership before the final payment of your membership term is due. We will remind you of this 3 days in advance, so you have enough time to cancel. The Renewal Email will give you clear instructions of how you can cancel your membership if you want to

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7. Refunds

7.1. Other than in the circumstances described in Sections 6.1, 6.2 and 7.2, we are unable to refund you unless:

1. we do not fulfil the terms of your membership ; or
2. we remove (or add) more third-party platforms, apps and/or app stores from the membership and this results in you being unable to access our Digital Content.

In such circumstances, you may be able to cancel your membership by contacting our member services team (Section 17). If you do so, please give us as full an explanation as you can about why you want your money back, and your name and contact details. Our member services team will consider your request and, if it is not possible to restore your access to the Digital Content, we will provide a proportionate refund for the remaining months of your membership.

7.2. In exceptional circumstances we may, at our reasonable discretion, give you a proportionate refund. We will review this on a case by case basis. Please contact our member services term if you think you are entitled to a refund, setting out the reasons for your request.

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8. Our rights to cancel or suspend your membership

8.1. We may cancel or suspend your membership immediately at our reasonable discretion or if you breach these Terms. This includes, if we do not receive payment from you when due (see Section 5).

8.2. Sometimes, we may have to suspend the supply of your membership to you in order to:

1. deal with technical problems or make minor technical changes;
2. update Website or other products to reflect changes in relevant laws and regulatory requirements; or
3. update our Website or other products to reflect changes to third party platforms or their respective terms; and/or
4. make other changes as requested by you or notified by us to you.

Unless the reason for the suspension is urgent or arises in the case of an emergency, we will let you know in advance to tell you what’s happening and why.

We will make all reasonable efforts to contact you before your membership is suspended or cancelled.

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9. Personal information

We will only use your personal information as set out in our privacy policy.

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10. Intellectual Property

10.1. Use of content on the website

10.1.1. You expressly agree that use of the The Companion Website and all Digital Content is for your own personal, non-commercial use only.

10.1.2. The Companion is the sole owner of all content on its Website and App including, without limitation, all applicable trademarks, logos, copyrights, patents, trade secrets, trade names, audio, video and any other material appearing on our Website and App (collectively referred to as the “The Companion Content”).

10.1.3. You may retrieve, display and download The Companion Content from the Website or App on your computer or mobile device, for your personal, non-commercial use and provided that you abide by the copyright or trademark notice or any other restriction contained in any material that you download.

10.1.4. You may not use, reproduce or modify any The Companion Content for any reason unless you have our prior written authorisation. In particular, but without limitation, this means that you may not do any of the following without prior written permission from The Companion:

1. Reproduce, provide or transmit to any other website, newsgroup, mailing list or other storage device connected to a network, all or any part of the The Companion Content; or
2. Modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the The Companion Content (including as part of any library, archive or similar service); or
3. Remove the copyright or trade mark notice from any copies of The Companion Content.

10.1.5. If you would like to request use of any The Companion Content, please contact support@thecompanion.app.

We will consider your request, and we reserve the right to either accept or reject it for any reason.

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11. You hold The Companion harmless

By agreeing to these Terms, you agree to indemnify and hold harmless SFG Entertainment Inc., its affiliates, employees and agents from any and all claims, suits, actions, liabilities, costs and expenses arising out of a breach by you or any user of your membership account of these Terms or arising out of a breach of your obligations under these Terms unless your breach is directly caused by SFG Entertainment’s own non-compliance or breach of the Terms.

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12. Our liability

12.1 Subject to Section 12.3, our liability to you in connection with your membership will not exceed the total price of your current membership (which in all cases will be a maximum of 12 months).

12.2. For the avoidance of doubt:

• we will not be liable for any losses suffered as a result of your doing (or not doing) anything as a result of viewing or reading Digital Content;
• we are not responsible for any third party sites that you may access via our Website or App;
• we give no warranties that our Website, App or our Digital Content are virus free, although we will of course take all reasonable steps to ensure it is. You should take your own safety precautions in this respect and we accept no responsibility for any virus or other contamination; and
• we accept no responsibility or liability for any interruption or delay to access to the Website, App or Digital Content.

12.3. We do not exclude liability for:

• death or personal injury caused by our negligence or the negligence of any of our employees or agents;
• fraud or fraudulent misrepresentation; or
• any other liability that cannot be excluded or limited by applicable law.

12.4. You may have statutory rights that apply to your membership. Nothing in these Terms limits, excludes or modifies any of your consumer rights.

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13. Kickstarter Founding Members

13.1. If you are a Kickstarter Founding Member, all of the obligations and benefits of these Terms apply to you except those that relate to your membership term, price, payment, renewal and cancellation rights (i.e. Sections 3.1, 3.2, 4.1, 4.2, 6.2.1 and 6.2.7) which are instead replaced by the terms set out in this Section 13. If you have any questions about your membership package or the terms of your membership, please do not hesitate to contact member services at support@thecompanion.app.

13.2. Membership

The benefits that you will receive as a Kickstarter Founding Member will vary depending on which membership option you selected on Kickstarter and the amount that you pledged. You can find out more details about your membership by signing in to your account on the Website and then ‘Account’ section.

13.3. Term

The term of your membership will commence on 28th September 2020 (“Start Date”) provided you have registered on the Website before the Start Date. We will provide you a unique membership code for you to active your membership. If this code is not redeemed within one year of the Start Date it will be voided.

Those who purchased a reward tier that unlocked two years of membership, the term of the first year will be provided as a 1 year free trial and the second year as a 100% discount. The renewal will then be set for 1 year memberships at the end of the second year.

13.4. Price

The price of your membership will be the sum that you pledged on Kickstarter.

13.5. Payment

Payment for your membership will be processed by Kickstarter in accordance with Kickstarter’s terms and conditions.

The Companion will not receive your payment details.

13.6. Renewal

We will notify you 30 days before your membership is due to expire and provide you with information about the membership packages that you can buy going forward.

If you do not want to buy a new membership, your membership will automatically terminate at the end of your current term.

13.7. Cancellation Rights

You have a legal right to cancel your contract for membership within 14 calendar days of the Start Date without giving us any reason.

To exercise your right to cancel, follow the notice procedures set out in Section 6.1.3.

For the avoidance of doubt, Sections 6.1.2-6.1.6 also apply. You will not be entitled to a refund if you attempt to cancel after 14 days of the Start Date.

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14. General

14.1. We may transfer our rights and obligations under these Terms to another organisation. In such circumstances, we will let you know in advance so that you can decide whether you wish to proceed with your next renewal.

14.2. We shall not be responsible for any failure to perform our obligations to you if such failure is caused by circumstances beyond our control.

14.3. We shall not be responsible if you are unable to access our Website, App or any Digital Content because of issues with your mobile network operator and/or data connection on your device.

14.4. We shall not be responsible for any failure to fulfill any aspect of your membership if this is due to the supply of incorrect details by you.

14.5. If any Section of these Terms is held to be unenforceable, invalid or illegal, it shall not affect or impair the enforceability, legality or validity of the rest of the Terms.

14.6. As we have said in these Terms, The Companion may communicate with you by email or other means in order to, for example, fulfill your membership or respond to your queries. By agreeing to these Terms, you agree to the use of these communications.

14.7. This contract may be completed in English only.

14.8. These Terms are governed by English law and will be subject to the jurisdiction of the English courts.

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15. Changes to these T&Cs

15.1. We may update these Terms from time to time to ensure we are complying with our legal or regulatory obligations and to make sure we are offering you the very best products and services we can.

15.2. If we make any significant amends, we will let you know in advance so that you can decide whether you wish to proceed with your next renewal.

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16. Corporate information

Your membership is provided by SFG Entertainment Inc., a company incorporated in the United States of America. Our registered address is 1209 Orange Street, Wilmington, DE, 19801.

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17. Contact us

If you have any questions or wish to make a complaint, you can get in contact via:

Email: support@thecompanion.app

Online: thecompanion.app/contactus