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    Terms of Use

    Last Updated: December 19, 2024

    1. About Blushy AI
    Blushy AI (“we,” “our,” or “us”) is a cutting-edge platform designed to provide users with engaging, interactive, and customizable AI-driven experiences. Through our services, users can interact with personalized AI companions in a variety of ways, including text-based chats, voice exchanges, and multimedia interactions. Blushy AI also offers advanced features such as image generation and virtual enhancements to enrich user engagement.
    Blushy AI operates exclusively for users aged 18 and above. By accessing or using our platform, you confirm that you are of legal age to form a binding agreement. Our platform prioritizes user safety, creativity, and compliance with all applicable laws and regulations.
    Our services include:

    • Chat-Based Interactions: AI companions simulate natural conversations based on user inputs, offering entertainment and companionship.
    • Image Generation: Users can create custom images tailored to their preferences with the help of our generative AI technology.
    • Personalization Features: Users can design and customize AI companions by selecting unique attributes and personalities.
    • Premium Options: Additional services, such as expanded features and virtual enhancements, are available through subscription plans or in-app purchases.

    Blushy AI’s mission is to provide a secure, enjoyable, and innovative experience for all users. While our platform utilizes advanced AI technologies, users should be aware that all content and interactions are entirely fictional and generated algorithmically. Blushy AI does not guarantee the accuracy or appropriateness of all AI-generated outputs and encourages users to engage responsibly.
    By using Blushy AI, you agree to comply with our Terms of Use, Privacy Policy, and all other policies referenced herein. If you have any questions, concerns, or feedback, please contact our support team at support@blushy.ai.

    2. Your Acceptance of These Terms
    By accessing, downloading, installing, or using Blushy AI ("the Platform"), you agree to be legally bound by these Terms of Use ("Terms"), as well as our Privacy Policy and any additional policies, guidelines, or rules incorporated herein by reference (collectively, "Policies"). If you do not agree to these Terms, you must immediately discontinue the use of the Platform and all related services.
    Your acceptance of these Terms establishes a binding contract between you and Blushy AI, Inc. ("Blushy AI," "we," "us," or "our"). By using the Platform, you represent and warrant that:

    1. You are at least 18 years of age or older, as the Platform is strictly intended for adult users.
    2. You possess the legal capacity and authority to enter into this agreement under the laws of your jurisdiction.
    3. You have not been previously banned, suspended, or restricted from accessing or using Blushy AI for any reason.

    Scope of Acceptance
    These Terms apply to all users of Blushy AI, including but not limited to registered users, subscribers, and visitors. Your continued use of the Platform following any modifications to these Terms signifies your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using
    the Platform immediately.

    Third-Party Services and Policies
    Certain features of Blushy AI may involve third-party integrations or external services. By using these features, you agree to adhere to the terms and conditions set forth by the respective third parties. Blushy AI is not responsible for the practices, content, or policies of these external services.

    Legal Compliance
    By accepting these Terms, you also agree to comply with all applicable local, state, national, and international laws and regulations. You acknowledge that Blushy AI reserves the right to suspend or terminate your access if you violate these Terms or engage in conduct detrimental to the Platform or its community.
    If you have any questions about these Terms or need clarification, please contact us at support@blushy.ai.

    3. Modifications, Updates, and Notifications
    Blushy AI reserves the right to modify, update, or revise these Terms of Use ("Terms") and any associated policies, guidelines, or agreements at our sole discretion. These changes may be made to reflect updates in our services, changes in applicable laws, technological advancements, or other operational needs. By continuing to access or use the Blushy AI platform ("the Platform") after such changes are implemented, you acknowledge and accept the revised Terms.

    3.1 Notification of Changes
    We will make reasonable efforts to notify users of significant changes to these Terms. Such notifications may include, but are not limited to:

    • Announcements on the Platform.
    • Notifications via email, if provided during account registration.
    • Updates posted to the "Terms of Use" section of our website or app.

    It is your responsibility to review these Terms periodically to stay informed about updates. The "Last Updated" date at the top of this document indicates when the Terms were most recently modified.

    3.2 Effective Date of Modifications
    Changes to these Terms will take effect immediately upon being posted unless stated otherwise. Continued use of the Platform following any changes constitutes your acceptance of the revised Terms.

    3.3 User Rights Upon Disagreement
    If you do not agree with the updated Terms, you must stop using the Platform and, if applicable, cancel any active subscriptions. You may also contact us at support@blushy.ai to address any concerns regarding the updates. Your continued use of the Platform without objection constitutes your acceptance of the modified Terms.
    3.4 Platform Updates and Changes
    Blushy AI may introduce new features, remove existing functionalities, or discontinue certain services at its discretion. Notifications of these changes will be provided when feasible, but the nature or timing of updates may vary based on operational requirements.
    By accepting these Terms, you agree that Blushy AI shall not be held liable for any modifications, updates, or terminations of services provided through the Platform. If you have questions regarding changes to the Terms or the Platform, please contact us at support@blushy.ai.

    4. Relationship Between Terms of Use and Privacy Policy
    These Terms of Use (“Terms”) govern your access to and use of Blushy AI, while our Privacy Policy outlines how we collect, use, protect, and share your personal information. Together, these documents establish the foundation for your interaction with our platform and services.

    4.1 Binding Agreements
    By using Blushy AI, you acknowledge that you have read, understood, and agreed to both these Terms and our Privacy Policy. The Privacy Policy is incorporated by reference into these Terms and forms an integral part of your agreement with Blushy AI. If you do not agree with the terms of either document, you must cease using our platform immediately.

    4.2 Key Differences

    • Terms of Use: These Terms govern your rights and responsibilities as a user of Blushy AI, including acceptable conduct, intellectual property rights, and limitations of liability.
    • Privacy Policy: The Privacy Policy details how we handle your personal data, including its collection, processing, and retention, in compliance with applicable data protection laws such as GDPR and CCPA.

    4.3 Compliance with Privacy Policy
    You agree to use Blushy AI in a manner consistent with our Privacy Policy. For example:

    • You will not provide false or misleading information during account registration or in your interactions on the platform.
    • You consent to the collection and use of your data as described in the Privacy Policy.

    4.4 Updates to Policies
    Blushy AI reserves the right to modify these Terms and the Privacy Policy as necessary. Notifications of such updates will be provided as outlined in Section 3 (“Modifications, Updates, and Notifications”). Continued use of the platform after any updates signifies your acceptance of the revised documents.

    4.5 Independent Document Purposes
    While these Terms and the Privacy Policy are interrelated, they serve distinct legal purposes. Should any conflicts arise between the two documents, specific provisions in the Privacy Policy regarding data protection and privacy will prevail over general terms in these Terms of Use.
    For further clarification on how these documents interact or if you have questions regarding our data practices, please review our Privacy Policy or contact us at support@blushy.ai.

    5. Account Registration and User Responsibilities
    To access and utilize certain features of Blushy AI ("the Platform"), you must create an account and agree to comply with the responsibilities outlined in this section. By registering for an account, you confirm that the information you provide is accurate, complete, and current at all times.

    5.1 Account Registration Requirements
    When creating an account, you agree to:

    • Provide truthful and accurate information during registration, including a valid email address.
    • Maintain the accuracy of your account information by updating it promptly if it changes.
    • Ensure that you are at least 18 years old, as Blushy AI is exclusively for adult users.

    Failure to meet these requirements may result in account suspension or termination.

    5.2 Account Security
    You are responsible for maintaining the confidentiality of your account credentials, including your username and password. By using the Platform, you agree to:

    • Keep your login information secure and not share it with others.
    • Notify us immediately at support@blushy.ai if you suspect unauthorized access to your account.
    • Accept full responsibility for all activities that occur under your account.

    Blushy AI will not be liable for any loss or damage resulting from unauthorized access caused by your failure to secure your account credentials.

    5.3 Prohibited Account Actions
    You agree not to:

    • Register multiple accounts for fraudulent or malicious purposes.
    • Sell, transfer, or sublicense your account to any other person or entity.
    • Use your account to impersonate another person or entity.
    • Use automated means, such as bots, to access or interact with the Platform.

    Violating these conditions may result in the immediate suspension or termination of your account without notice.

    5.4 Non-Transferability
    Your Blushy AI account is personal and non-transferable. Any attempt to share, sell, or transfer your account will result in the termination of access to the Platform and the forfeiture of any unused features or virtual goods.

    5.5 User Responsibilities
    As a registered user, you agree to:

    • Use the Platform solely for lawful purposes and in compliance with these Terms and applicable laws.
    • Respect other users and refrain from harassing, threatening, or engaging in abusive behavior.
    • Ensure that all content you submit adheres to the guidelines outlined in Section 6 ("User Submissions and Content").

    5.6 Suspension or Termination of Accounts
    Blushy AI reserves the right to suspend, restrict, or terminate accounts that:

    • Provide false or misleading information during registration.
    • Engage in prohibited activities or violate these Terms.
    • Pose a security risk to the Platform or its users.

    Blushy AI will not be liable for the loss of access or any associated features, including premium subscriptions or virtual goods, resulting from account suspension or termination.
    If you have any questions or concerns regarding account registration or security, please contact us at support@blushy.ai.

    6. User Submissions and Content
    Blushy AI allows users to create, upload, and share content as part of their interactions on the platform. By using Blushy AI, you acknowledge and agree to the terms governing your submissions and the associated responsibilities outlined below.

    6.1 Ownership of Content
    Blushy AI recognizes and respects your ownership rights over the content you create or submit ("User Content"). This includes text, images, audio files, or any other materials generated or uploaded by you while using the platform. However, by submitting User Content, you grant Blushy AI a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to:

    • Store, reproduce, and display the content to facilitate the platform's services.
    • Modify, adapt, or create derivative works to enhance service delivery and compatibility with various devices or platforms.
    • Use anonymized excerpts of your content for promotional or analytical purposes, as detailed in our Privacy Policy.

    This license remains in effect unless you delete the content or terminate your account, subject to the exceptions noted below.

    6.2 Content Moderation and Removal
    To maintain a safe and respectful environment, Blushy AI reserves the right to review, flag, or remove User Content that violates these Terms or applicable laws. Prohibited content includes, but is not limited to:

    • Material that is illegal, defamatory, obscene, or discriminatory.
    • Content that infringes upon the intellectual property or privacy rights of others.
    • False, misleading, or harmful information.
    • Any material deemed harmful to the integrity or reputation of Blushy AI.

    Users are encouraged to report inappropriate content through the platform's support tools. While Blushy AI employs automated and manual moderation techniques, we do not guarantee the immediate detection or removal of all violations.

    6.3 User Responsibilities
    By submitting content to Blushy AI, you represent and warrant that:

    • You own the rights to or have obtained all necessary permissions for the content you upload.
    • Your content does not violate any laws or third-party rights, including copyrights, trademarks, or privacy rights.
    • You accept full responsibility for any claims or damages arising from your submitted content.

    Blushy AI is not liable for content generated by users or AI systems. You agree to use the platform responsibly and acknowledge the fictional nature of AI-generated outputs.

    6.4 Retention and Deletion of Content
    You may delete your content at any time through your account settings. Upon deletion, Blushy AI will cease displaying the content and remove it from active servers, except where:

    • Retention is required by law or to comply with legal obligations.
    • The content has been anonymized for analytics or promotional purposes.

    7. Restrictions on Use of the Services
    7.1 Rules and Restrictions
    When accessing and using the Blushy AI Platform ("the Platform"), you are required to follow these rules and limitations to maintain a safe and compliant environment:
    a. You may not alter, translate, adapt, or restructure any part of the Platform’s software or interface.
    b. You must not attempt to decode, reverse-engineer, or extract the source code or underlying structure of the Platform, unless permitted by applicable law and with prior written notice to Blushy AI.
    c. Circumventing or interfering with the Platform’s security measures, access restrictions, or any other protective features is strictly prohibited.
    d. You are prohibited from using the Platform to unlawfully access or exploit Blushy AI’s systems, databases, or networks, or those belonging to other users or third parties.
    e. You may not engage in activities that could harm, overload, disrupt, or otherwise interfere with the functioning of the Platform or diminish its usability for others.
    f. Your use of the Platform must not, in any way, create risks of harm, liability, or legal violations for Blushy AI or other users.
    g. The Platform must not be used for unlawful purposes, including criminal activities, harassment, or actions intended to harm others.
    h. Any attempts to alter or obscure proprietary notices, trademarks, copyrights, or links on the Platform are forbidden.
    i. Your usage of the Platform must comply with applicable laws, including those governing your country or region.

    7.2 User Responsibility for Content
    As a user of Blushy AI, you are fully accountable for the content generated through your interactions with the Platform, including text, audio, images, or other outputs ("Generated Content"). The AI companions respond based on your input and chosen parameters, and Blushy AI does not assume responsibility for the content produced.
    It is your obligation to ensure that the Generated Content complies with legal, ethical, and community standards. You must not use the Platform to produce or share content that is illegal, offensive, harmful, or in violation of these Terms.

    7.3 Risks of Interaction and User Actions
    Blushy AI operates as an AI-powered service that creates simulated, algorithm-based interactions. While the Platform aims to offer engaging and personalized experiences, you acknowledge that all interactions are fictional and for entertainment purposes.
    Blushy AI does not endorse or take responsibility for decisions, outcomes, or consequences that result from your engagement with the Platform. You are expected to exercise judgment, act responsibly, and avoid any conduct that could cause harm or violate laws or regulations.

    7.4 Moderation of Content
    To maintain a secure and respectful platform, Blushy AI uses automated and manual moderation systems to review user interactions for compliance with these Terms. If content is flagged or identified as inappropriate, harmful, or in violation of the rules, Blushy AI reserves the right to:

    • Remove or block the offending content.
    • Temporarily or permanently suspend user accounts.
    • Take additional measures necessary to ensure community safety.

    Blushy AI aims to balance user privacy with the enforcement of community standards. You agree to cooperate with moderation policies and understand that repeated violations may result in the termination of your account.

    8. Payments, Subscriptions, and Refunds
    Blushy AI offers a range of services, including premium features and virtual tokens, that may be purchased through subscriptions or one-time transactions. By completing a payment on the Platform, you agree to these terms governing payments, subscriptions, cancellations, and refunds.

    8.1 Cancellation and Access Upon Cancellation
    You may cancel your subscription at any time by accessing your account settings or contacting customer support at support@blushy.ai. The following terms apply upon cancellation:

    • Subscription Services: If you cancel your subscription, you will retain access to the paid features until the end of your current billing cycle. No additional charges will be incurred unless you reactivate your subscription.
    • In-App Purchases: Virtual tokens or one-time purchases are non-refundable and remain in your account for use, unless explicitly stated otherwise.

    Blushy AI does not provide prorated refunds for the unused portion of your subscription, except where required by applicable law.

    8.2 Modifying Subscription Plans
    You may upgrade or downgrade your subscription plan at any time through your account settings. The following conditions apply:

    • Upgrades: If you upgrade to a higher-tier subscription, the changes will take effect immediately, and you will be charged a prorated amount based on the remaining days of your current billing cycle. The full amount for the new plan will then be charged at the start of the next billing cycle.
    • Downgrades: If you downgrade to a lower-tier plan, the change will take effect at the start of your next billing cycle. You will retain access to the features of your current plan until the end of the billing period.

    Blushy AI reserves the right to modify the pricing or features of its subscription plans. Users will be notified of any changes, and modifications will take effect at the start of the next billing cycle unless otherwise specified.

    8.3 Refund Policy for Subscriptions and Tokens
    Blushy AI offers a fair refund policy for subscriptions and virtual tokens. Refund requests will be evaluated on a case-by-case basis under the following conditions:

    • Subscriptions: Refunds for subscriptions are only provided within 24 hours of the initial purchase or renewal, provided that no substantial usage of the services has occurred during this time.
    • Virtual Tokens: Purchases of virtual tokens are final and non-refundable, except in cases where technical errors or billing discrepancies are verified by Blushy AI.

    Refunds are processed back to the original payment method and may take up to 10 business days, depending on your financial institution.

    9. DMCA and Intellectual Property Policy
    Blushy AI respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. This section outlines your obligations as a user, as well as the procedures we follow to address intellectual property violations.

    9.1 Notice and Procedure for Copyright Claims
    If you believe that your copyrighted material has been used or displayed on Blushy AI in a way that constitutes copyright infringement, you may submit a DMCA notice to our designated agent. The notice must include the following:

    1. Identification of the Work: Clearly identify the copyrighted work that you claim has been infringed or, if multiple works are involved, a representative list.
    2. Location of Infringing Material: Provide a description or the exact URL where the allegedly infringing material can be found on the Platform.
    3. Contact Information: Include your name, mailing address, telephone number, and email address.
    4. Statement of Good Faith: A statement that you believe in good faith that the use of the material in question is unauthorized by the copyright owner, its agent, or the law.
    5. Statement of Accuracy: A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.
    6. Signature: A physical or electronic signature of the copyright owner or an authorized representative.

    Send your DMCA notice to our designated agent:
    Email: legal@blushy.ai
    Subject: DMCA Takedown Notice
    Upon receiving a valid DMCA notice, Blushy AI will promptly remove or disable access to the infringing material and notify the user responsible for the content. If you believe the removal was a mistake, you may file a counter-notification to dispute the claim.

    9.2 Trademark and Celebrity Rights Protection
    Blushy AI respects trademarks, trade names, and the publicity rights of individuals, including celebrities and public figures. Users are prohibited from using any such intellectual property in a way that infringes upon the rights of its owner or misleads others. This includes:

    • Unauthorized Use of Trademarks: Users may not upload, share, or generate content that misuses registered trademarks or trade names without the explicit permission of the owner.
    • Celebrity Rights and Likeness: Users must not create, distribute, or imply endorsement by any individual, celebrity, or public figure without their prior written consent. This includes using names, images, or likenesses in a manner that violates publicity or privacy rights.

    Blushy AI reserves the right to remove any content that infringes upon trademarks or celebrity rights and may suspend or terminate the accounts of users involved in such violations.
    If you believe your trademark or publicity rights have been violated on the Platform, please contact legal@blushy.ai with the following details:

    • A description of the trademark or rights involved.
    • Evidence of ownership or authorization.
    • The location of the infringing content.
    • Your contact information.

    Blushy AI is committed to protecting intellectual property rights while fostering creativity and compliance among its users. For any intellectual property concerns, reach out to legal@blushy.ai.

    10. Links to and from Third-Party Services
    Blushy AI may provide links to third-party websites, applications, or services ("Third-Party Services") as part of its functionality or for user convenience. These Third-Party Services are not under the control of Blushy AI, and we are not responsible for their content, policies, or practices. By using these links, you acknowledge and agree to the following terms:

    10.1 Third-Party Content and Functionality
    Blushy AI may include links or integrations to Third-Party Services for features such as payments, external resources, or additional functionality. You acknowledge that:

    • Blushy AI does not guarantee the availability, accuracy, or reliability of content, services, or features provided by these Third-Party Services.
    • Third-Party Services are governed by their own terms of use, privacy policies, and operational practices, which you are responsible for reviewing before use.

    10.2 User Responsibilities
    When interacting with Third-Party Services through Blushy AI, you agree to:

    • Use such services at your own discretion and assume all associated risks.
    • Comply with the terms and policies of the respective Third-Party Services.
    • Refrain from holding Blushy AI responsible for any issues, damages, or liabilities arising from your use of Third-Party Services.

    10.3 External Links and Referrals
    Blushy AI may include external links or references to Third-Party Services, including advertisements, promotions, or recommendations. You understand that:

    • These links do not imply endorsement or affiliation with the Third-Party Services by Blushy AI.
    • Blushy AI does not warrant the quality, suitability, or legality of the services or content provided by third parties.

    10.4 Limitation of Liability
    Blushy AI shall not be held liable for:

    • Losses or damages resulting from your use of Third-Party Services.
    • Disruptions, data breaches, or other issues caused by Third-Party Services.

    10.5 User Feedback on Third-Party Links
    If you encounter a problem with a Third-Party Service linked to Blushy AI or believe a link violates these Terms, you are encouraged to report it to support@blushy.ai. While Blushy AI is not obligated to act on such feedback, we aim to maintain a safe and reliable platform for all users.
    By using Blushy AI, you acknowledge and accept these terms governing links to and from Third-Party Services.

    11. User Breaches and Violations
    Blushy AI prioritizes the integrity of its platform and community by enforcing these Terms of Use ("Terms"). Any breach or violation of these Terms may result in the suspension or termination of your account, removal of content, and, in severe cases, legal action. By using Blushy AI, you agree to comply fully with these Terms and accept the consequences of non-compliance.

    11.1 Types of Breaches and Violations
    The following actions constitute a breach of these Terms:
    a. Providing False Information: Submitting inaccurate, incomplete, or intentionally misleading information during account registration or use of the Platform.
    b. Prohibited Conduct: Engaging in activities outlined as prohibited in Section 7 ("Restrictions on Use of the Services"), including illegal, harmful, or disruptive behavior.
    c. Content Violations: Uploading or generating content that violates intellectual property laws, infringes on others' rights, or breaches Blushy AI's Community Guidelines.
    d. Security Violations: Attempting to bypass security measures, access unauthorized areas of the Platform, or harm the Platform through hacking or similar means.
    e. Misuse of the Platform: Using Blushy AI in ways not intended by these Terms, such as for unauthorized commercial purposes, spamming, or harassment.

    11.2 Consequences of Violations
    Blushy AI reserves the right to take the following actions against users found in violation of these Terms:

    • Content Removal: Immediate removal of any content deemed in violation of these Terms.
    • Account Suspension or Termination: Temporary or permanent suspension of access to your account and the Platform.
    • Forfeiture of Subscriptions or Purchases: Loss of any remaining subscription benefits, virtual tokens, or in-app purchases, with no entitlement to refunds.
    • Legal Action: Referral of severe violations to law enforcement or the initiation of legal proceedings.

    Blushy AI will determine the appropriate action based on the severity and impact of the breach, at its sole discretion.

    11.3 Reporting Violations
    Users are encouraged to report suspected breaches or violations of these Terms through Blushy AI’s support channels at support@blushy.ai. Provide as much detail as possible, including the nature of the violation, user account details (if available), and any relevant content or interactions.

    11.4 Appeals and Reinstatement
    If your account is suspended or terminated due to a violation, you may appeal the decision by contacting Blushy AI’s support team. Your appeal must include:

    • A detailed explanation of the circumstances leading to the alleged violation.
    • Any supporting evidence or documentation.

    Blushy AI will review appeals on a case-by-case basis and reserves the right to uphold or reverse the decision at its sole discretion. Appeals do not guarantee reinstatement of accounts or content.

    12. Advertisement and Third-Party Interactions Disclaimer
    Blushy AI may feature advertisements, promotions, or links to third-party websites, applications, or services ("Third-Party Interactions") within the Platform. These interactions are provided for user convenience or revenue generation but are not directly managed or endorsed by Blushy AI. By engaging with these advertisements or third-party services, you acknowledge and agree to the following terms.

    12.1 Third-Party Advertisements and Promotions
    Blushy AI may display advertisements or promotional content from third-party entities within the Platform. You acknowledge that:
    a. Blushy AI does not endorse or guarantee the accuracy, quality, or reliability of products, services, or information offered in these advertisements.
    b. Engagements with third-party advertisements, including purchasing products or services, are at your own discretion and risk.
    c. Any claims, disputes, or concerns related to third-party advertisements should be directed to the respective advertiser, not Blushy AI.

    12.2 Third-Party Links and Content
    The Platform may provide links to external websites, apps, or content owned and operated by third parties. You acknowledge that:
    a. Blushy AI does not control or monitor third-party content and is not responsible for its availability, legality, or accuracy.
    b. Accessing third-party links is entirely at your own risk, and you are responsible for reviewing the terms and privacy policies of those third-party services.
    c. Blushy AI is not liable for any issues, damages, or losses arising from your interaction with third-party services, including unauthorized access, fraud, or service failures.

    12.3 User Responsibility for Interactions
    When interacting with third-party advertisements or services, you agree to:
    a. Use your judgment and discretion to evaluate the credibility and reliability of the content or offers provided.
    b. Ensure that your engagement complies with applicable laws and regulations.
    c. Refrain from holding Blushy AI accountable for any dissatisfaction or damages caused by third-party entities.

    12.4 Disclaimer of Liability
    Blushy AI explicitly disclaims all liability arising from or related to third-party advertisements, links, and interactions. This includes, but is not limited to:
    a. Losses or damages resulting from reliance on third-party claims, products, or services.
    b. Breaches of data, privacy, or security that occur while interacting with third-party content or services.
    c. Financial transactions or agreements made directly with third-party advertisers or providers.

    12.5 Feedback and Reporting
    If you encounter issues or inappropriate content within third-party advertisements or links, you are encouraged to report them to support@blushy.ai. While Blushy AI is not obligated to take action, user feedback helps maintain the quality of the Platform and its partnerships.

    13. Disclaimers, Warranties, and Limitations of Liability
    Blushy AI provides its services on an "as is" and "as available" basis. While we strive to maintain a high standard of quality and reliability, we cannot guarantee that the Platform will always meet your expectations or operate without interruption. This section outlines the disclaimers, warranties, and limitations of liability governing your use of Blushy AI.

    13.1 Disclaimers
    a. No Guarantee of Accuracy: The Platform is powered by AI, which generates responses based on algorithms and user inputs. Blushy AI does not guarantee the accuracy, completeness, or appropriateness of any content generated through the Platform.
    b. No Warranties: Blushy AI disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
    c. Service Interruptions: Blushy AI makes no warranty that the Platform will be uninterrupted, error-free, secure, or free from viruses or harmful components. Scheduled maintenance, technical issues, or unforeseen circumstances may result in service disruptions.
    d. User Responsibility: You are solely responsible for your interactions with the Platform and any reliance you place on AI-generated outputs. Use of the Platform is at your own risk.

    13.2 Warranties Excluded by Applicable Law
    Some jurisdictions do not allow the exclusion of certain warranties. In such cases, the above disclaimers will apply to the maximum extent permitted by law.

    13.3 Limitations of Liability
    To the fullest extent permitted by law, Blushy AI, its affiliates, officers, directors, employees, and licensors shall not be liable for:
    a. Indirect or Consequential Damages: Any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, data, goodwill, or other intangible losses.
    b. Damages from User Actions: Any damages resulting from your use of or inability to use the Platform, including but not limited to reliance on AI-generated content or decisions made based on such content.
    c. Service Failures: Any issues arising from interruptions, errors, or security breaches related to the Platform.
    d. Third-Party Services: Any losses or damages caused by third-party advertisements, links, or services accessed through the Platform.

    13.4 Liability Cap
    Blushy AI’s total liability for all claims, whether in contract, tort, or otherwise, shall not exceed the total amount paid by you to Blushy AI in the six months preceding the event giving rise to the claim.

    13.5 User Indemnification
    You agree to indemnify and hold harmless Blushy AI from any claims, damages, or expenses arising out of:
    a. Your violation of these Terms.
    b. Your use of the Platform or any AI-generated content.
    c. Your infringement of third-party rights, including intellectual property or privacy rights.

    13.6 No Liability for Unforeseen Events
    Blushy AI shall not be held liable for failures or delays caused by circumstances beyond our reasonable control, such as natural disasters, acts of terrorism, or governmental actions (see Section 14, "Force Majeure").

    14. Governing Law and Dispute Resolution
    Blushy AI operates under the laws of the United States, specifically the State of Delaware. By using the Platform, you agree to the following provisions:

    • Governing Law: These Terms, and any disputes or claims arising out of or related to them, will be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.
    • Dispute Resolution: Any disputes arising out of or relating to these Terms or your use of the Platform will be resolved through binding arbitration conducted under the rules of the American Arbitration Association. Arbitration will take place in Delaware and will be conducted in English.
    • Class Action Waiver: You agree that disputes will be resolved on an individual basis and waive the right to participate in any class or representative action.
    • Exclusions: Blushy AI may seek injunctive relief or other equitable remedies for intellectual property violations in the courts of Delaware.

    If you have questions about this section, contact support@blushy.ai for clarification.

    15. Termination, Suspension, and Assignment of Accounts
    Blushy AI reserves the right to manage user access to the Platform as necessary to maintain its safety and functionality. By using the Platform, you agree to the following provisions:

    • Termination and Suspension: Blushy AI may suspend or terminate your account without prior notice if you violate these Terms, engage in illegal or harmful conduct, or compromise the integrity of the Platform.
    • User-Initiated Termination: You may terminate your account at any time by contacting support@blushy.ai. Upon termination, access to your account and associated features will be permanently revoked.
    • Effects of Termination: Termination of your account will result in the loss of any remaining subscription benefits, virtual tokens, or purchased features, without entitlement to a refund, except as required by law.
    • Account Assignment: Blushy AI accounts are personal and non-transferable. Any attempt to sell, share, or transfer your account is strictly prohibited and may result in account suspension or termination.

    If your account has been suspended or terminated, you may appeal the decision by contacting Blushy AI with a detailed explanation.

    16. Complaints and Reporting Policy
    Blushy AI is committed to providing a safe and respectful environment for all users. If you encounter issues or violations, you may submit a formal complaint through the following process:

    • Filing a Complaint: Complaints must be submitted to support@blushy.ai and include:
      • A description of the issue or violation.
      • Any supporting evidence, such as screenshots or interaction logs.
      • Your contact information for follow-up.
    • Review Process: Blushy AI will review complaints on a case-by-case basis and determine the appropriate course of action, which may include:
      • Content removal.
      • Account suspension or termination.
      • Referral of illegal activity to law enforcement.
    • Resolution Timeline: Blushy AI will strive to address complaints within 7-10 business days, depending on the complexity of the issue.
    • False Complaints: Submitting false or malicious complaints is strictly prohibited and may result in penalties, including account suspension.

    Blushy AI values your feedback and is dedicated to resolving complaints fairly and efficiently. If you have any concerns or need assistance, please reach out to support@blushy.ai.

    17. Class Action Waiver and Arbitration Clause
    Blushy AI requires that all disputes arising out of or relating to these Terms or the use of the Platform be resolved through binding arbitration, subject to the following conditions:

    • Arbitration Clause: All disputes shall be submitted to arbitration conducted under the rules of the American Arbitration Association. The arbitration will be held in Delaware, USA, and conducted in English. The arbitrator’s decision will be final and binding on all parties.
    • Class Action Waiver: You agree that disputes will be resolved on an individual basis. You waive the right to participate in any class, collective, or representative action.
    • Exceptions to Arbitration: Blushy AI may seek injunctive relief or equitable remedies for intellectual property violations in the courts of Delaware.
    • Costs of Arbitration: Each party will bear its own legal fees and costs, except as otherwise required by applicable law.

    If you have questions regarding the arbitration process or class action waiver, contact support@blushy.ai.

    18. Miscellaneous and Final Provisions
    This section contains general provisions that ensure the enforceability and functionality of these Terms:

    • Entire Agreement: These Terms, along with the Privacy Policy and any referenced policies, constitute the entire agreement between you and Blushy AI. They supersede all prior agreements or understandings, whether written or oral.
    • No Waiver: Failure by Blushy AI to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
    • Severability: If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will remain in full force and effect.
    • Assignment: You may not assign or transfer your rights under these Terms without prior written consent from Blushy AI. Blushy AI may assign or transfer its rights and obligations under these Terms without restriction.
    • Headings: Section headings are provided for convenience only and do not affect the interpretation of these Terms.

    For any unresolved questions about this section, contact us at support@blushy.ai.

    19. Key Reminders for Users
    Blushy AI provides these key reminders to ensure that users engage with the Platform responsibly and in compliance with these Terms:

    • User Safety: Always exercise caution and discretion when sharing personal information or engaging with AI-generated content. Remember that all interactions are fictional and algorithm-driven.
    • Respect Community Standards: Adhere to the rules and restrictions outlined in these Terms to foster a safe and respectful environment for all users.
    • Monitor Your Interactions: The AI companions generate responses based on your inputs. Be mindful of the parameters and language you use during interactions.
    • Understand Refund Policies: Familiarize yourself with the Platform’s refund policies to ensure clarity regarding subscriptions and in-app purchases.
    • Report Violations: If you encounter behavior or content that violates these Terms, report it to Blushy AI promptly at support@blushy.ai.

    By keeping these reminders in mind, you contribute to the integrity and enjoyment of the Blushy AI Platform for all users. For assistance or additional guidance, please reach out to our support team.

    Questions about this document? Please check our FAQ or contact our support team.