Terms Of Service
Effective: June 13, 2016
We’re delighted you’ve decided to use our products and services, all of which we refer to simply as the “Services”. By using the Services, you agree to these Terms of Service (the “Terms”). Of course, if you don’t agree with them, then don’t use the Services. These Terms form a legally binding contract between you and Crushh App, LLC (“Crushh”,”we”,”us”) so please read them carefully.
ARBITRATION NOTICE: WE WANT TO LET YOU KNOW UP FRONT THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND CRUSHH AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND CRUSHH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Who Can Use the Services
No one under 13 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.
By using the Services, you state that:
- You can form a binding contract with Crushh;
- You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition; and
- You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
2. Rights We Grant You
Crushh grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies allow.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
3. Rights You Grant Us
Our Services may let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with but you grant Crushh a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
You alone are responsible for the content you create, upload, post, send, or store through the Services.
The Services may contain advertisements. In consideration for Crushh letting you access and use the Services, you agree that Crushh, its affiliates, and third-party partners may place advertising on the Services.
We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.
4. The Content of Others
Although Crushh reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services. We do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content uploaded to the Services will always conform to our Terms.
6. Respecting Other People’s Rights
Crushh respects the rights of others. And so should you. You therefore may not upload content that is intended to (or that in fact does):
- violate or infringe someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
- bully, harass, or intimidate;
- defame; or
- contain personal information about anyone under the age of 13.
You must also respect Crushh’s rights. These Terms do not grant you any right to:
- use branding, logos, designs, photographs, videos, or any other materials used in our Services;
- copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms;
- use the Services or any content on the Services for any commercial purposes without our consent.
In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help or enable anyone else in doing so.
By using the Services, you agree that:
- You will not use the Services for any purpose that is illegal or prohibited in these Terms.
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
- You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
- You will not use or attempt to use another user’s account without their permission.
- You will not solicit login credentials from another user.
- You will not upload content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
- You will not probe, scan, or test the vulnerability of our Services or any system or network.
- You will not encourage or promote any activity that violates these Terms.
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws.
8. Your Account
You are responsible for any activity that occurs in your account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.
By using the Services, you agree that, in addition to exercising common sense:
- You will not create more than one account for yourself.
- You will not create another account if we have already disabled your account, unless you have our written permission to do so.
- You will not buy, sell, rent, or lease access to your Crushh account without our written permission.
- You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
If you think that someone has gained access to your account, please immediately reach out to us at email@example.com.
9. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
If you change or deactivate the mobile phone number that you used to create a Crushh account, you must update your account information through the "Accounts" page within the app within 72 hours to prevent us from sending to someone else messages intended for you.
10. Modifying the Services and Termination
We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
While we hope you remain a life long user of our Services, you can terminate these Terms at any time and for any reason by deleting your account.
Crushh may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services.
Regardless of who terminates these Terms, both you and Crushh continue to be bound by Sections 3, 6, 11-20 of the Terms.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Crushh, our managing member, members, directors, officers, employees, attorneys, consultants, agents and other representatives and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses of any kind (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
IF YOU ACCESS THE SERVICE, YOU DO SO AT YOUR OWN RISK. WE PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY ANY OTHER USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, CRUSHH MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SERVICES OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. CRUSHH DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE, THAT ERRORS IN THE SERVICES WILL BE FIXED, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. UNDER NO CIRCUMSTANCES WILL CRUSHH, ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, AND/OR ANY OF OUR OR THEIR MANAGING MEMBERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES (TOGETHER, THE “RELEASEES”) BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE RELEASEES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
13. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT CRUSHH SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Crushh from its facilities in the United States of America. Crushh makes no representations that the Crushh Service is appropriate or available for use in other locations. Those who access or use the Crushh Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
14. Arbitration, Class Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH CRUSHH, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
a. Applicability of Arbitration Agreement. All claims and disputes arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Crushh are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
b. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
d. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Crushh. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Crushh.
e. Waiver of Jury Trial. YOU AND CRUSHH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Crushh are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Crushh over whether to vacate or enforce an arbitration award, YOU AND CRUSHH WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
f. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 16.
g. Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
h. Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
i. Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Crushh can force the other to arbitrate. To opt out, you must notify Crushh in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, the telephone number and the email address you used to set up your Crushh account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must email your opt-out notice to: firstname.lastname@example.org with the subject line Arbitration Opt-out.
j. Small Claims Court. Notwithstanding the foregoing, either you or Crushh may bring an individual action in small claims court.
k. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Crushh.
15. Exclusive Venue
16. Choice of Law
Except to the extent they are preempted by U.S. federal law, the laws of New York, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
18. Additional Terms for Specific Services
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.
19. Final Terms
- These Terms make up the entire agreement between you and Crushh, and supersede any prior agreements.
- These Terms do no create or confer any third-party beneficiary rights.
- If we do not enforce a provision in these Terms, it will not be considered a waiver.
- We reserve all rights not expressly granted to you.
- You may not transfer any of your rights or obligations under these Terms without our consent.
- These Terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control.
Crushh welcomes comments, questions, concerns, or suggestions. Please send feedback to us at email@example.com.
Crushh, LLC is located in the United States.
Last Modified: June 13, 2016
The Crushh app is a fun way to analyze your text messages to see how much someone likes you. When you use these Services—and any additional services we release—you’ll inevitably share some information with us. We understand that that can affect your privacy. So we want to be upfront about the information we collect, how we use it, whom we share it with, and the choices we give you to control, access, and update your information.
Information We Collect
There are three basic ways we collect information:
- Information you choose to give us.
- Information we get when you use our services.
- Information we get from third parties.
Here’s a little more detail on each of these categories.
Information You Choose to Give Us
When you interact with our Services, we collect the information that you choose to share with us. For example, most of our Services require you to set up a Crushh account, so we need to collect a few important details about you, such as: your name, an email address, your phone number, and your age range or date of birth. In order to analyze your text messages, we need to analyze how you text in a number of different scenarios. Therefore, when you use our Services, we collect the entire text message database and all of the phone call logs from your device. When you contact Crushh support or communicate with us in any other way, we may collect whatever information you volunteer.
Information We Get When You Use Our Services
When you use our Services to analyze your communications with your friends, crushes, and others, we collect information about which of our Services you’ve used and the types of results you receive. In order to provide you with the best service possible, we use this data to make the Crushh algorithm (our ‘secret sauce’) better over time in order to provide you with more accurate and insightful results. We may consider factors such as your age, gender, and location in analyzing the results you receive as compared to many other Crushh users. We may also collect information about:
- Usage Information. We collect information about your activity through our Services. For example, we may collect information about:
- how you interact with the Services, such as which messages you choose to analyze.
- how you communicate with the service, such as the time and date that you send your messages to us for analysis and your interactions with the results (such as when you open the Crushh app or view your results).
- Content Information. We collect information about the content you provide, such as the metadata that is provided with the text messages you analyze with Crushh.
- Device Information. We collect device-specific information, such as the hardware model, operating system version, advertising identifier, unique application identifiers, unique device identifiers, browser type, language, wireless network, and mobile network information (including the mobile phone number).
- Device Text Messages and Phonebook. In order to analyze your text messages for you, we need to collect your device’s text messages and information from your device’s phonebook.
- Location Information. When you use our Services we may collect information about your location. With your consent, we may also collect information about your precise location using methods that include GPS, wireless networks, cell towers, Wi-Fi access points, and other sensors, such as gyroscopes, accelerometers, and compasses.
- Log Information. We also collect log information when you use our website. That information includes, among other things:
- details about how you’ve used our Services
- device information, such as your web browser type and language
- access times
- pages viewed
- IP address
- identifiers associated with cookies or other technologies that may uniquely identify your device or browser
- pages you visited before or after navigating to our website.
Information We Collect from Third Parties
We may collect information that other users provide about you when they use our Services. For example, if another user allows us to collect information from their device phonebook—and you’re one of that user’s contacts—we may combine the information we collect from that user’s phonebook with other information we have collected about you. We may also obtain information from other companies that are owned or operated by us, or any other third-party sources, and combine that with the information we collect through our Services.
How We Use Information
What do we do with the information we collect? The short answer is: Provide you with an amazing set of products and services that we relentlessly improve. But we do a lot more as well, such as:
- develop, operate, improve, deliver, maintain, and protect our products and services
- communicate with you
- monitor and analyze trends and usage
- personalize the Services
- enhance the safety and security of our products and services
- verify your identity and prevent fraud or other unauthorized or illegal activity
- use information we’ve collected from cookies and other technology to enhance the Services and your experience with them
- enforce our Terms of Service and other usage polices
We may also store some information locally on your device. For example, we may store information as local cache so that you can open the app and view content faster.
How We Share Information
We may share information about you in the following ways:
- With our affiliates. We may share information with entities within the Crushh family of companies.
- With third parties. We may share your information with the following third parties:
- With service providers, sellers, and partners.We may share information about you with service providers who perform services on our behalf, sellers that provide goods through our Services, and business partners that provide services and functionality.
- With third parties for legal reasons.We may share information about you if we reasonably believe that disclosing the information is needed to:
- comply with any valid legal process, government request, or applicable law, rule, or regulation;
- investigate, remedy, or enforce potential Terms of Service violations;
- protect the rights, property, and safety of us, our users, or others; or
- detect and resolve any fraud or security concerns.
- With third parties as part of a merger or acquisition. If Crushh gets involved in a merger, asset sale, financing, liquidation or bankruptcy, or acquisition of all or some portion of our business to another company, we may share your information with that company before and after the transaction closes.
- In the aggregate or after de-identification. We may also share with third parties aggregated or de-identified information that cannot reasonably be used to identify you.
Information You Choose to Share with Third Parties
The Services may also contain third-party links. By going to those links, you may be providing information (including personal information) directly to the third party, us, or both. You acknowledge and agree that we are not responsible for how those third parties collect or use your information. As always, we encourage you to review the privacy policies of every third-party website or service that you visit or use, including those third parties you interact with through our Services.
How Long We Keep Your Content
Following termination or deactivation of your account, we or our “Service Providers” may retain your information (including your profile information) for a commercially reasonable time for backup, archival, and/or audit purposes.
Control over Your Information
We want you to be in control of your information, so we provide you with the following tools.
- Access and Updates. We strive to let you access and update most of the personal information that we have about you. There are limits though to the requests we’ll accommodate. We may reject a request for a number of reasons, including, for example, that the request risks the privacy of other users, requires technical efforts that are disproportionate to the request, is repetitive, or is unlawful. If you need to access, update, or delete any other personal information that we may have, you can put in a request by emailing firstname.lastname@example.org. Because your privacy is important to us, we may ask you to verify your identity or provide additional information before we let you access or update your personal information. We will try to update and access your information for free, but if it would require a disproportionate effort on our part, we may charge a fee. We will of course disclose the fee before we comply with your request.
- Revoking Permissions. If you change your mind about our ongoing ability to collect information from certain sources that you have already consented to, such as your text message database, phonebook or location services, you should delete your account.
- Account Deletion. We hope you’ll remain a lifelong user of Crushh, but if for some reason you ever want to delete your account, just select ‘delete account’ within the app or email us at email@example.com.
Analytics Services Provided by Others
Users Outside the United States
Although we welcome users from all over the world, keep in mind that no matter where you live or where you happen to use our Services, we operate our Services from the United States. This means that we may collect your personal information from, transfer it to, and store and process it in the United States and other countries whose local data-protection and privacy laws may offer fewer protections than those in your country of residence or from any country where you use or access the Services.
Our Services are not intended for—and we don’t direct them to—anyone under 13. And that’s why we do not knowingly collect personal information from anyone under 13.