Terms of Service

Last updated: July 1st, 2024

Welcome to Crush!

We're so happy to have you here. These Terms of Service ("Terms") govern your use of Crush and the software, content, and services (collectively, "Services") offered through: our website www.mycrush.fun and its subdomains (the "Website"), our mobile apps Crush for Android and Crush for iOS (the "Apps").

Please read these terms carefully before you start using the Services.

The terms "Crush," "us" or "we" refers to Codiste pvt ltd., a software company who designed and built Crush, incorporated in Delaware, and operating in San Francisco, CA.

The term "device" refers to the device which is used to access the Services including but not limited to computers, smartphones and tablets.

The term "you" refers to the user of the Services.

When you sign up for any of the Services or otherwise use or access them, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By using the Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the services.

Our contact email address is manager@codiste.com. All correspondence to Crush including any queries you may have regarding your use of the Services or these Terms should be sent to this contact email address.

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND CRUSH AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND CRUSH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. OUR SERVICES

Crush offers a self-help program based on communication with your personal chatbot through a text and voice interface.

1.1. Medical disclaimer

Crush is a provider of software and content designed to improve your mood and emotional wellbeing. However we are not a healthcare or medical device provider, nor should our Services be considered medical care, mental health services or other professional services. Only your physician or other healthcare providers can do that. While there is third party evidence from research that certain conversation techniques implemented in Crush can assist in the recovery process for a wide array of conditions, Crush makes no claims, representations or guarantees that the Services provide a therapeutic benefit.

1.2. Emergencies

Use of the Services is not for emergencies. If you think you have a medical or mental health emergency, call 911 or go to the nearest open clinic or emergency room.

If you are considering or committing suicide or feel that you are a danger to yourself or others, you must discontinue use of the Services immediately, call 911 or notify appropriate police or emergency medical personnel.

1.3. Modifications to the Services

We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Crush will not be liable to you or to any third party for any modification, suspension or discontinuance of any the Services.

2. MEMBERSHIP & SUBSCRIPTIONS

2.1. Becoming a member

You will be required to register ("create an account") with Crush and become a Crush Member in order to access and use the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration forms. Registration data and certain other information about you are governed by our Privacy Policy.

2.2. Once a member

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Crush of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. Crush will not be liable for any loss or damage arising from your failure to comply with this Section.

2.3. Your membership

As a Crush Member, you will receive access to content, features, and functions of the Services that are not available to non-members.

By agreeing to become a Member you opt-in to receive occasional special offers, marketing, survey, and Services-based communication emails. You can easily unsubscribe from Crush commercial emails by following the opt-out instruction in these emails. Crush memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.

2.4. Subscriptions

2.4.1. Choosing a subscription program

Once you become a Crush Member, you can choose one of the subscription programs offered in Crush:

  1. "Free Use": a free-of-charge program, which gives limited access to the Services. The "Free Use" is aimed at users who cannot afford any of our subscription-fee based programs. We reserve the right to deny the free use to anyone at any time on our own discretion.
  2. "Crush Pro": a subscription-fee based program, which gives full access to the Services.

You can become a subscriber to a paid subscription program (b) or (the "Paid Subscriptions") by purchasing a subscription to the Services within the Apps, where allowed by the App marketplace partners (Apple iTunes Store and Google Play store).

2.4.2. Maintaining a Paid Subscription

Any of our paid subscriptions shall be paid in monthly, semi-annual or annual installments and processed by the App marketplace partner through which you originally acquired the subscription.

You will only have access to a paid subscription while it is active and subsisting. Should you fail to pay your subscription within 7 days after a due date, you will automatically downgrade to "Free Use".

The renewal subscription fees will continue to be billed to the Payment Method you provided through the marketplace, automatically until canceled. You must cancel your subscription before it renews each billing period in order to avoid billing of the next subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
You can modify or cancel your paid subscription only through the App marketplace where you originally acquired the subscription. To view, modify or cancel your subscription, you may be required to be authenticated under the same user ID by the marketplace partner.

2.4.3. Refunds

Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple's applicable payment policy, which also may not provide for refunds.

If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google's applicable payment policy, which also may not provide for refunds.

If you purchase a subscription through our website (via Stripe, PayPal or other payment processor), the sale is final and we will not provide a refund.

Please note that the 14-days-after-purchase refund policy for EU residents does not apply for the provided access to the digital product.

2.5. Device requirements

To enjoy Crush via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Google and Apple App marketplaces.

3. CANCELLATION OF SERVICES

3.1. Cancellation by you

You may cancel your Membership at any time by deleting your account in the app. This action is irreversible. As soon as you delete your account, all the data associated with your use of the Services will be removed permanently. Upon your account deletion, cancellation of a Paid Subscription is effective at the end of the applicable billing period.

You may cancel a Paid Subscription and downgrade to "Free Use" at any time without deleting your account. Cancellation is effective at the end of the applicable billing period.

Please note that if you purchase a Paid Subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by canceling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify.

If you purchase a Paid Subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.

3.2. Cancellation by us

We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice.

4. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that Crush has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

5. MOBILE SERVICES

Some of our Services are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Website from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply.

In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Crush and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

In the event you change or deactivate your mobile telephone number, you agree to promptly update your Crush account information to ensure that your messages are not sent to the person that acquires your old number.

6. CONDITIONS OF USE

6.1. User conduct

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by Crush. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:

  1. Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Crush, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Crush or its users to any harm or liability of any type;
  2. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
  3. Violate any applicable local, state, national or international law, or any regulations having the force of law;
  4. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  5. Solicit personal information from anyone under the age of 18;
  6. Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  7. Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  8. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  9. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.

13. GENERAL CONDITIONS

13.1. Termination

You agree that Crush, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Crush believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Crush may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Crush may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Crush will not be liable to you or any third party for any termination of your access to the Service.

14. YOUR PRIVACY

At Crush, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

QUESTIONS? CONCERNS? SUGGESTIONS?

Please contact us at manager@codiste.com to report any violations of these Terms of Service or to ask us any questions regarding these Terms of Service or our Services.