We know it is tempting to skip these Terms of Service, but it is important to determine what you can expect from us when using Failure Institute / Fuckup Nights digital subscription services and what we expect from you.

Failure Institute is part of Fuckup Nights, we are guided by the same values and all these terms apply in the case that we give use of any of the two brands.

For us, it is key to keep in constant update the laws by which we are governed and the importance we give to our members/community have a path full of knowledge to absorb and apply to generate a culture of vulnerability and trust.

Therefore, these Terms of Service help define the relationship that Failure Institute/Fuckup Nights has with you when you interact with our services. To begin, we want you to be aware of the following:

I. What you can expect from us

A. Monthly delivery of content and experiences to live an authentic life (on and off the job)

What includes:

• Monthly live experience with an introduction to the topic and a Fuckupreneur sharing a personal story
  • Actionable takeaways
  • Research and case study on the topic
• Personal call with an HQ team member on failure management and storytelling.
• Possibility to become a speaker or get published on our global blog
• Access to the Fuckup Book and Failure Institute Research
• Access to all historical premium content
• Monthly book recommendations
• Access to a Slack group with our community and HQ Team

I. What we expect from you

A. The permission we give you to use our services is valid as long as you comply with your responsibilities, which are set out in these terms:

• Provide accurate, current and complete registration information, and you must not transmit such information to any third party.
• Avoid the transfer of content or sale of content as it is the intellectual property of Failure Institute/Fuckup Nights.
• The use of the Services and your behaviour on our platform must comply with local or national laws or regulations in force in your country. You assume full responsibility for your awareness of and compliance with such laws and regulations.
• You are responsible for the use you make of the information, in terms of how you apply it, and we always hope that you will be able to value and respect the community with which you will have contact and the benefits that will be given to you as a subscriber to this service.

     1.         GENERAL PRINCIPLES

• 1.1. Registration. In order to obtain the benefits of a subscription, it is necessary to register only once (see Section 3 below). However, certain content, including general descriptions of our digital subscription, can be viewed without registration.

• 1.2. Duration. Failure Institute/Fuckup Nights offers digital services and material, based on these Terms and Conditions. The user accepts the validity of these Terms and Conditions and the agreements incorporated therein by reference through i) the use of a digital subscription, if available without registration, or through ii) registration, if the use of an account is required. These Terms and Conditions shall be effective until terminated in the version currently valid on April 1, 2020.

• 1.3. These Terms and Conditions set out the entire agreement between you and us for the provision of materials and information in digital form.

• 1.4. Please check that the details set out in these Terms and Conditions are complete and accurate before you use or undertake to purchase the Products. If you believe there is an error, please be sure to ask us to confirm any changes in the form of the text, as we only accept responsibility for representations and statements made by the Failure Institute/Fuckup Nights team in writing.

     2.         CHANGES TO TERMS AND CONDITIONS

• 2.1. From time to time, we may update these Terms to clarify our practices or reflect new or different practices (for example, when we add new features), and we reserve the right, in our sole discretion, to modify or make changes to these Terms at any time. If we make a material change, we will notify you by one of the main means: for example, by sending you a notice by email to the address specified in your account or by posting the notice through our Services. Unless otherwise stated, changes will take effect on the day they are posted.

• 2.2. If you continue to use the Services after the changes take effect, you confirm that you accept the changes. The revised Terms will supersede all previous Terms.

     3.         SUBSCRIPTIONS

• 3.1. To become a Member, you must go to the respective section of the digital subscription, then leave the data required for registration, for example, an email or a password. Remember that you are responsible for keeping your data confidential.

• 3.2. You have access to a limited section of free information and visual material, if you wish to have full access to all content, you must sign up for the paid subscription.

• 3.3. The paid subscription program is a service that provides you with access to all content, including the free “Basics” trial and more for a fee (“Paid Subscription Program”). You will only have access to the Paid Subscription Program while your subscription is active and subsisting.

• 3.4. The paid subscription agreement is formalized by sending a confirmation of receipt of your paid subscription request to the email address you provided as part of the registration process, immediately thereafter with this email, we accept the request issued by the user and proceed to formalize the subscription agreement. This email contains the essential features of your order and these Terms.

• 3.5. Failure Institute/ Fuckup Nights offers subscription options such as monthly and annual. For purposes of our monthly and annual subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.

• 3.6. Our “monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that Failure Institute/Fuckup Nights is authorized to charge the same credit card that was used for payment of the initial subscription fee or such other method of payment as may be established or updated after the first subscription in the amount of the monthly subscription fee accepted at the time of the Fee-for-Service Subscription Agreement.

• 3.7. Monthly subscription fees for renewal will continue to be made from the payment method you used automatically until you cancel. You must cancel your subscription before it renews each month in order to avoid being billed the next month’s subscription fee through the Payment Method you used. No refunds can be claimed for any monthly partial subscription period.

• 3.8. Our “annual” subscription is paid by a single advance payment with an automatic renewal of one year at the end of the relevant subscription period. Failure Institute/Fuckup Nights is authorized to charge from the Payment Method used for (i) the initial annual subscription fee at a rate secured at the time of purchase and for (ii) the renewal of the subscription fee(s) at a non-discounted rate accepted at the time of execution of the paid subscription agreement. You must cancel your subscription before it renews in order to avoid being billed the renewal subscription fee through the Payment Method you used. In such a case, no refunds can be claimed for any monthly partial subscription period.

• 3.9. During the use of the services, your third-party payment service provider may receive and implement updated credit card information from the credit card issuer in order to prevent your subscription from being interrupted by an out-of-date or invalid card.

• 3.10. Paid subscription prices are final prices and include taxes and other costs (“Price”). You are shown the Price before the Paid Subscription Offer is made. The Price is paid in advance when you enter the Paid Subscription Offer. Payment methods vary depending on the country where you reside and the technically feasible payment methods available there. Payment methods are shown at the time you sign up for this digital subscription service.

• 3.11. You agree that you are not allowed to resell any of the Products purchased through the Failure Institute/Fuckup Nights for commercial purposes.

     4.         TERM AND CANCELLATION OF SERVICES

• 4.1. Cancellation by the user

 

• 4.1.1. You can cancel your annual subscription at any time. Cancellation takes effect at the end of the applicable monthly period.

• 4.1.2. You can cancel our annual subscription plans under the 30-day money-back guarantee offer, which gives you the right to cancel your subscription and receive a full refund of the cost within 30 calendar days of the first payment date by sending an email to hola@failureinstitute.com. You are entitled to a refund only. After receiving the refund, any subsequent subscriptions will no longer qualify for the 30-day money-back guarantee.

• 4.2. Cancellation made by us

 

• 4.2.1. We may suspend or terminate your use of the services for a sufficient reason, especially as a result of fraud committed by you as a user. Such termination or suspension may be immediate and without prior notice, if Failure Institute/Fuckup Nights cannot reasonably be expected to give you advance notice considering all the circumstances of the specific case and weighing the interests of Failure Institute/Fuckup Nights against yours.

• 4.2.2. In particular, a sufficient reason entitling us to terminate your use of the Products is given, if you copy or download our audio and video content from the Products without authorization.

     5.         INTELLECTUAL PROPERTY RESTRICTIONS

• 5.1. All materials (including software and content, whether or not downloaded) are the property of Failure Institute/Fuckup Nights unless otherwise noted. You as a user agree that materials that are valuable properties and that, in addition to any specific and limited licenses to use such materials, you must not acquire ownership rights to those materials. The materials may not be used, except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.

• 5.2. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or exploit any content, code, data or materials on the service.

• 5.3. We are committed to complying with copyright and related laws and request that all users of the Products comply with these laws. Accordingly, you may not store any material or content in, or disclose material or content about, the Products that in any way constitutes an infringement of another party’s intellectual property rights, including rights granted under copyright law.

     6.         TRADEMARKS

• 6.1. The Failure Institute/Fuckup Nights logo and all other marks of services provided by us have registered trademarks of Failure Institute/Fuckup Nights. All intellectual property, other trademarks, logos, images, product, or company names displayed or referred to on the services are the property of their respective owners. Nothing herein grants you a license or right to use, alter or remove or copy such material.

     7.         USE OF THIRD-PARTY IMAGE/CONTENT

• 7.1. An essential part of our content is the people we collaborate within our shows/webinars/digital events that we can share with each of the users that belong to the digital subscription.

• 7.2. To protect the intellectual property of these contributors, we maintain a written agreement with them where they assign us rights to publish their content and images and thus have much more valuable information for subscribers.

     8.         DATA AND/OR USER MATERIAL

• 8.1. In these terms, we use the term “User Material” to refer to any publicly available material of any kind that you as a user send to us, including text, files, images, photos, videos, audios, or musical or literary works. User Materials do not include the account information, Product purchase or Product usage information that you provide when you register and use the Products.

• 8.2. You own and have the right to submit “User Material” and, in submitting it, you will not infringe any rights of any third party, including intellectual property rights (such as copyright or trademark), rights of privacy or publicity, rights of confidentiality, or rights under the contract.

     9.         RELEASE OF LIABILITY

• 9.1. We assume no responsibility for the delay or failure of any of our Services to perform due to events beyond our reasonable control, such as acts of war, hostility or sabotage, natural disasters, disruptions in power and Internet or telecommunications supplies, or government restrictions.

   10.         HOW TO REACH US

• 10.1. The best way to contact us is through HOLA@FAILUREINSTITUTE.COM. We will be happy to hear your questions, concerns, and comments about our services.

   11.         PRIVACY POLICIES

• 11.1. Please refer to the Privacy Policy available at https://fuckupnights.com/privacy-policy/y which forms part of this agreement.

These Terms are in effect and were last updated on April 1, 2020.