Terms of Service
Effective Date: 24/03/2024
Welcome to crush.tools. These Terms of Service ("Terms") govern your access to and use of crush.tools website (the "Service"), operated by Crush.Tools Ltd. ("we," "us," or "our"). Please read these Terms carefully before using the Service.
By accessing, browsing, or otherwise using the Crush.tools website, applications, services, and any associated content/materials (collectively, the "Service"), you, as a user ("User," "you," or "your"), acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including any additional guidelines and future modifications (collectively, the "Terms"). If you are entering into these Terms on behalf of a legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept this agreement and may not use the Service.
Crush.tools ("we," "us," or "our") reserves the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time without prior notice. Please check these Terms periodically for changes. Your continued use of the Service following the posting of changes to these Terms will mean you accept those changes. It is your responsibility to check these Terms regularly for updates.
The Service is not available to persons under the age of 18 or to any users previously removed or banned from the Service by Crush.tools. By using the Service, you represent and warrant that you are at least 18 years old and have not been previously removed or banned from the Service.
You agree that Crush.tools may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service. Crush.tools may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
By using the Service, you consent to receiving electronic communications from Crush.tools regarding your account. These communications may involve sending emails to your email address provided during registration or posting communications on the Service and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails, and other transactional information) and are part of your relationship with Crush.tools. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Crush.tools provides a platform for creating AI-generated personas intended to assist individuals in overcoming social apprehension or anxiety related to interacting with their romantic interests (“Crushes”). The Service allows users to generate artificial intelligence-based images, chat systems, avatars, and other related content (collectively, “Generated Content”) for personal use. The intent behind the Generated Content is to offer a simulated environment for users to gain confidence and improve their interpersonal skills.
Users can upload certain types of data, including images and personality information, which Crush.tools uses to generate personalized personas. While Crush.tools categorizes the Generated Content as art, users are required to obtain explicit written consent from any individuals whose data or likeness they wish to upload. This consent is necessary to uphold ethical standards and respect individuals' rights.
The Service must not be used for any of the following purposes:
Crush.tools reserves the right to terminate access to the Service for users found in violation of these prohibitions.
Crush.tools does not guarantee the availability of the Service and reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time without notice. Users agree that Crush.tools will not be liable for any modification, suspension, or discontinuance of the Service.
Users are responsible for ensuring that the data they upload for the creation of Generated Content has been done so with the proper consents. Users are also responsible for maintaining the confidentiality of their account information, including passwords, and for all activities that occur under their account.
Generated Content is the result of complex AI algorithms and as such, is considered a work of digital art created by Crush.tools. Neither Crush.tools nor users claim ownership of the underlying intellectual property rights of the data uploaded by users. However, all rights, title, and interest in and to the Generated Content, as a unique creation, are owned by Crush.tools, subject to the users’ rights to personal use as outlined herein.
Users of Crush.tools are expected to act responsibly and ethically when using the Service. This includes obtaining explicit written consent from individuals whose data, images, or personality information they wish to use to generate content. Users must respect the privacy and rights of others and ensure that their use of the Service does not infringe upon these rights.
While Crush.tools does not require users to submit proof of consent for the data they upload, it is imperative that such consent has been obtained. Users are solely responsible for ensuring that all data uploaded to the Service has been done so with the proper legal and ethical permissions. Crush.tools reserves the right to request proof of consent from users at its discretion and to take appropriate action, including the suspension or termination of service, in cases where consent cannot be verified.
Generated content is deemed a work of art created by the AI algorithms of Crush.tools. As such, the intellectual property rights of the uploaded data remain with the user, but the rights to the AI-generated personas, as unique creations, are attributed to Crush.tools. Users are granted a non-exclusive, non-transferable license to use the Generated Content for personal purposes only, in accordance with these Terms.
Crush.tools provides a mechanism for individuals to report misuse of the Service or violations of privacy rights, including the unauthorized use of personal data. Reports can be made via an designated email address provided by Crush.tools. Upon receipt of such reports, Crush.tools will take appropriate measures to investigate and address the alleged misuse.
Crush.tools respects the intellectual property rights of all creators, including its users. As such:
Users are granted a non-exclusive, non-transferable, revocable license to use the Generated Content for personal, non-commercial purposes only. This license is subject to the following conditions:
The following activities are expressly prohibited and may result in immediate termination of your account and legal action:
Crush.tools takes intellectual property rights seriously and is committed to respecting the rights of content owners. If you believe that your intellectual property rights have been infringed upon by our service, we encourage you to notify us through a designated contact method. We will respond to all such notices and take appropriate action, including removing infringing content and terminating the accounts of users who repeatedly infringe the rights of others.
Users of Crush.tools are solely responsible for the content they upload, including images and personality information. By uploading content to the service, users affirm that they have all necessary rights, licenses, consents, and permissions to use and authorize Crush.tools to use all intellectual property rights in and to any user content to enable inclusion and use of the content in the manner contemplated by the Service and these Terms.
Crush.tools commits to maintaining the security of user-uploaded data. We implement industry-standard security measures designed to protect the integrity and confidentiality of user data against unauthorized access, alteration, and use. These measures include, but are not limited to, encryption, access control, secure storage, and regular security assessments.
Crush.tools reserves the right to update or modify its data handling policies at any time. Users will be notified of any significant changes through the service or via email and will have the opportunity to review and consent to these changes.
Crush.tools and all related services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the service will function without interruption or errors. In particular, the operation of the service may be interrupted due to maintenance, updates, or system or network failures.
Crush.tools does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any content generated by users of the service or endorse any opinions expressed by users. You acknowledge that any reliance on material generated by other users will be at your own risk.
To the fullest extent permitted by applicable law, Crush.tools, its affiliates, officers, directors, employees, agents, suppliers, or licensors will not be liable for (a) any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the service; (b) any conduct or content of any third party on the service; (c) any content obtained from the service; and (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree to defend, indemnify, and hold harmless Crush.tools, its officers, directors, employees, and agents, from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms of Service; (c) your violation of any third-party right, including without limitation any copyright, privacy, or other property or privacy right; or (d) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
You agree to indemnify, defend, and hold harmless Crush.tools, its affiliates, officers, directors, employees, licensors, and agents (the “Indemnified Parties”) from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
As a condition of your use of the Service, you agree to cooperate with any reasonable requests by Crush.tools to assist in the defense of such claims. Crush.tools reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnified Parties, and you agree to cooperate with Crush.tools' defense of these claims. You agree not to settle any matter without the prior written consent of Crush.tools. Crush.tools will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree to indemnify, defend, and hold harmless Crush.tools, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, and licensors, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) resulting from your violation of these Terms of Service, your use of the Service, or your violation of any law or the rights of a third party.
This indemnification obligation includes, but is not limited to, any liabilities or expenses arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees of every kind and nature. In such a case, Crush.tools will provide you with written notice of such claim, suit, or action.
You agree to cooperate as fully as reasonably required in the defense of any claim. Crush.tools reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event settle any matter without the written consent of Crush.tools.
Notwithstanding the above, Crush.tools' indemnity rights under this section shall not be construed to indemnify the user for their own willful misconduct or gross negligence. The indemnification obligations under this section shall survive the termination or expiration of these Terms and your use of the Service.
For section 9 of the Terms of Service for Crush.tools, we'll cover "Governing Law and Jurisdiction." This section specifies the legal framework governing the terms and addresses how legal disputes will be resolved, including the jurisdiction in which any legal action must be initiated. It’s crucial for defining the legal territory that applies to the agreement between Crush.tools and its users. Here’s how section 9 can be structured:
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Bulgaria, without giving effect to any principles of conflicts of law. This choice of law is reflective of Crush.tools being operated by a company based in Bulgaria, ensuring that the legal framework of the company’s home jurisdiction applies.
You agree that any legal action or proceeding between you and Crush.tools related to these Terms of Service will be brought exclusively in the competent courts located in Sofia, Bulgaria. By agreeing to these Terms, you consent to submit to the personal jurisdiction of these courts for the purpose of litigating all such disputes.
Before filing a lawsuit, we strongly encourage you to contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Crush.tools is controlled, operated, and administered by our offices within Bulgaria. If you access the Service from a location outside Bulgaria, you are responsible for compliance with all local laws. You agree that you will not use Crush.tools' content accessed through the Service in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Crush.tools reserves the right, at our sole discretion, to revise, change, or modify these Terms of Service at any time. Such amendments may reflect changes in laws, new regulatory requirements, improvements, or enhancements to our services, among other reasons.
We will provide notice of significant changes to these Terms of Service through the Service interface, via email, or through other reasonable means, at least 30 days before the changes take effect. For minor changes, Crush.tools may not provide notice before the changes take effect.
Your continued use of the Service after the effective date of any changes to the Terms of Service will constitute your acceptance of such changes. If you do not agree to the new terms, you must stop using the Service before the changes become effective. We encourage users to review the Terms of Service periodically to stay informed of any updates.
For transparency, previous versions of these Terms of Service will be archived and accessible for users to review. This archive will allow users to understand how the Terms of Service have evolved over time.
Crush.tools reserves the right to terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Reasons for termination may include:
You may terminate your account at any time via the account settings within the Service or by contacting Crush.tools support directly. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you must manually delete your account or request its deletion through the provided channels.
Upon termination, all rights granted to you under these Terms will terminate immediately. Crush.tools is not liable for any loss or damage following the termination of your account. It’s your responsibility to secure any data or content you wish to save before terminating your account.
Certain provisions of these Terms, by their nature, should survive termination (including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability), will remain in effect after this agreement ends.
For any questions, concerns, or comments about these Terms of Service, Crush.tools, or any related services, users are encouraged to contact us directly. Our commitment to providing a responsive and user-friendly support system ensures that your queries are addressed promptly and effectively. Below are the primary channels through which you can reach out to us:
For direct communication, please email us at [email protected]. This is the best way to submit formal inquiries, provide feedback, or request assistance with any issues you may encounter.
Users can also contact us through an online contact form available on our website at https://crush.tools. Please fill in the required fields, and our support team will get back to you as soon as possible.
We value your feedback and are here to help with any questions or concerns regarding your experience with Crush.tools. Your input helps us to continually improve our service and ensure that it meets your needs and expectations.