as a female social media and networking platform. Ms Grover's evidence was that, at that stage, only a small number of women were aware of its existence. However, soon after its release on 7 February 2020, the Giggle App received over 5,000 unwelcome user applications from people that Ms Grover determined to be male by inspection of their onboarding selfie photographs. She referred to what she called "onslaught[s]" like this occurring roughly every three weeks. The Giggle App also received numerous one-star reviews on the Google Play and Apple App stores. Ms Grover says that, at that early stage, multiple men had successfully created profiles on the Giggle App, as the Kairos AI software was not yet in place on the Giggle App. It is unclear whether the account creators Ms Grover describes as men or male included transgender women. The latter is certainly possible as she describes many of the users admitted would post messages to the effect of "Kill TERFs" and many of the one-star reviews object to the exclusion of transgender women, but this was not clarified in cross-examination. Ms Grover says that, on 8 February 2020, the decision was made to make the Giggle App available more broadly. By September 2021, the Giggle App had approximately 20,000 users.
99 The Giggle App's terms of use stated that "[o]ur Platform allows females to connect with one another on the giggle app either in public or private spaces"; that an account creator must be 16 years or older; and that "[y]ou must be female" to use it. The section called "Acceptable use of our platform" states that "Giggle for Girls is a place where female users feel comfortable expressing themselves, sharing information, and communicating with one another." The Termination section allows Giggle to suspend a user's account without notice if they are in breach of the terms.
100 It appears that the respondents had adopted early on an explicit policy of excluding transgender women from access to the Giggle App, as evidenced by Ms Grover's blog post dated 19 July 2020 titled "I Guess I'm a Terf Then – part II" (described at [92] above). The post states that, from around June 2020, Giggle had adopted a view that no transgender women should be given access to the Giggle App. There was no cross-examination to endeavour to adduce evidence that this was in fact a policy and that it was actually given effect to. The Court is left to speculate whether or not such a policy was implemented, including whether this was reflected in the exclusions from use that Ms Grover deposed to.
101 Registration for a Giggle App account required a potential user to provide a phone number and to then upload a selfie. Users did not have to provide any additional information, such as their date of birth or name, to create a profile, but could choose their own username. The uploaded
