BLUSHY TERMS OF SERVICE

Dated: 13 February 2019

 

These terms of service, together with the privacy policy , (Terms) govern your use of the website www.blushy.co (The Website) and its associated services (The Blushy Application) collectively referred to as Blushy Service (The Blushy Services). The Blushy Services are owned and operated by Machine Town Limited (company no. 11187605) of Kemp House, 160 City Road, London EC1V 2NX and its affiliates and contractors (MachineTown). Please read the Terms carefully before using the Blushy Services. Using the Blushy Services that you accept the Terms. If you do not accept the Terms, do not use the Blushy Services.

 

The Terms may be changed at any time. You should check the Terms whenever you use the Blushy Services because they are binding on you.

The Terms apply to all users of the Blushy Services including, without limitation:

  • individuals using the Blushy Services to access the content;

  • all other users of the Blushy Services.

You may not use the Blushy Services and may not accept the Terms if you are not of legal age to form a binding contract with Blushy.

 

Additional Terms and Conditions We reserve the right to make your use of certain Blushy Services subject to additional terms and conditions. We will notify you before using such additional terms and conditions.

If you use Blushy Services via the Blushy App and you have downloaded the Blushy App from the app store of a third party, the general terms and conditions and/or terms of use of the app store will apply in addition to these General Terms and Conditions. In case of the iTunes store, such terms include, for example, the “End User License Agreement for Licensed Applications” (which you will find at http://www.apple.com/legal/internet-services/itunes/ww/).

 

Blushy Services You may download and use the Blushy App free of charge. You will receive access to your exercises as part of a paid subscription. We reserve the right to change our business model at any time and, for example, to provide any or all Blushy Services only in exchange for payment. You will then have the option to decide whether you wish to continue using the Blushy Services in exchange for payment or stop using the Blushy Services. Any such changes will have no effect on existing subscriptions until the end of the contract term. Our understanding of the role of facial exercises is evolving on a continuous basis. This may affect how workouts are evaluated. Even though our workouts are based on current studies and findings, We make no guarantee that our workouts are in conformity with current research results or findings.

 

Registration process To use the Blushy Services, you must first register and open a user account. You can open a user account through the Blushy App. When you register We will ask you to accept these Terms and Conditions and our Data Privacy Policy

 

Conclusion of contract for paid subscription You can activate additional services by purchasing a paid subscription. If you purchase additional services through your Blushy App, a subscription agreement will result when you click the “Subscribe Now” button during an in-app purchase or a comparable button and when you have entered your password for the App Store, if required.

 

Correction of input errors If you want to purchase a subscription by in-app purchase through your Blushy App, you will pay for the service through the account with your app store. Therefore please contact your app store if you want to correct any input errors.

 

Subscriptions Our subscriptions have different minimum contract terms. All subscriptions will be automatically renewed for the time period of the selected minimum contract term until either you or We terminate the subscription. You may however opt out of the automatic renewal of your subscription at any time by choosing the appropriate settings in the account with your app store.

 

Termination You may terminate your subscription at any time for any or no reason effective as of the end of the minimum contract term or the end of the applicable renewal term.

Subscriptions purchased by in-app purchase must be canceled by changing the appropriate settings in the app store where you bought the subscription. If your subscription fee is collected by iTunes, We ask, notwithstanding the above, that for technical reasons you comply with a notice period of 24 hours to the end of the minimum contract term or the end of the respective renewal term. After cancellation of your subscription your user account and any other subscriptions will continue unless and until you also cancel such additional subscriptions.

Current in-app subscriptions cannot be terminated during the contract term.

In the alternative, you may also send Us an e-mail to contact@blushy.app. We have the right to cancel any subscription at the end of the minimum contract term or the end of the applicable renewal term by providing you with two weeks’ prior notice in text form.

 

Termination for good cause Irrespective of the foregoing provisions, either party has the right to terminate contracts for good cause. In particular, We have the right to terminate the user agreement or your subscription with immediate effect and to cancel your user account if you have seriously or repeatedly breached provisions of the user agreement and/or these General Terms and Conditions or if you are behind with payment despite demand.

Prices Our prices differ from country to country. If you decide to purchase a subscription, the price that counts for you will be shown in the Blushy App.

We reserve the right to change prices at our sole discretion. Any price changes will however have no effect on subscriptions you have already purchased.

 

Collection of fees Fees for a subscription are collected in advance for the applicable minimum contract term when the subscription agreement is concluded. If the subscription is automatically renewed, the fee will be collected in advance at the beginning of the applicable renewal term. Different terms apply if the subscription fee is collected through iTunes; in that case, the fee will be collected already 24 hours prior to the beginning of the applicable billing period.

 

Payment methods If you book paid Blushy Services by in-app purchase, you will be charged by the app store. Please inquire with the app store which payment methods are available to you. If payment is declined for reasons for which you are responsible (e.g., because the amount paid is not covered by funds in your account or because the limit of your credit card has been exhausted), We have the right to charge you for any costs and/or expenses actually incurred by Us as a result.

We reserve the right not to offer certain payment methods and to refer you to other payment methods if there is a valid reason for doing so.

 

Payment default We reserve the right to pursue additional remedies that may be available to Us as a result of your payment default.

 

Use of the Blushy Services You must at all times use the Blushy Services in a responsible, conscientious and legal manner. In particular (and without limitation):

  1. you must ensure that all information provided is accurate, complete and not misleading;

  2. you must ensure that all content uploaded by you complies with the Terms;

and you must not:

  1. provide any false information or create an account for anyone other than yourself without permission;

  2. make any changes or additions to anything on the Blushy Services;

  3. use the Blushy Services to send unsolicited emails to people who do not wish to receive emails from you;

  4. use the Blushy Services to conduct any lottery, competition or contest;

  5. misuse the Blushy Services

  6. upload viruses or other malicious code or take any action that in our sole discretion places an unreasonable or disproportionately large load on our servers or other infrastructure;

  7. use the Blushy Services in any way which may cause access to or use of the Blushy Services to be interrupted, damaged or impaired in any way;

  8. disclose any information relating to any other user of the Blushy Services, except with the user’s consent and only to the extent permitted by law.

 

Privacy: Blushy is committed to respecting your privacy and the privacy of all individuals using the Blushy Services. More information on how Blushy may use your personal data can be found in our privacy policy. By using the Blushy Services you agree to Blushyusing your personal data in accordance with the privacy policy.

Content: Any content that you upload to the Blushy Services must comply with applicable laws and

Intellectual property: All content on the Blushy Services (including, without limitation, trademarks, logos and brand names) is owned by either Blushy, or its partners. Intellectual property rights in all such content belongs to the respective owner. You must not use any such content except as expressly permitted by the relevant rights owner.

 

Access to services: Blushy tries to ensure that the Blushy Services are available 24 hours a day but shall not be liable if the Blushy Services are unavailable for any reason at any time or for any period. Access may be suspended temporarily and without notice in the case of systems failure, maintenance or repair or for reasons outside of Blushy’s control.

 

Links from other websites: If you would like to link to the Blushy Services, you may only do so on the basis that you link to, but do not replicate, the Blushy Services and subject to the following conditions:

  1. you do not misrepresent your relationship with Blushy Services nor present any false information Blushy;

  2. the website from which you link does not contain content which is distasteful, offensive, controversial or illegal and does not infringe any intellectual property rights or other rights.

 

You shall fully indemnify Blushy for any loss or damage suffered by Blushy for breach of this clause.

 

Links to other websites: Inclusion of a link from the Blushy Services to another website does not imply endorsement of that website. Your use of such websites are your sole responsibility and shall be subject to the terms of the relevant third party site. You shall fully indemnify Blushy for any loss or damage suffered by Blushy for breach of this clause.

 

Breach of the Terms: In the event that you breach the Terms, Blushy reserves the right, at its sole discretion, to take such action as it deems necessary including, without limitation, to immediately and without notice:

  1. suspend or permanently deny access to the Blushy Services; and/or

  2. delete content uploaded by you to the Blushy Services; and/or

  3. remove an account or cancel a membership.

 

You agree that damages may not be an adequate remedy for breach of the Terms and that Blushy shall be entitled, at its discretion, to seek an injunction or any other equitable relief.

 

Indemnity: You shall indemnify Blushy against any loss, damages, costs or expenses which are awarded against or incurred by Blushy as a result of any claim or threatened claim arising out of or related to any breach by you of any of the Terms or your infringement of intellectual property rights.

 

Liability: Subject to applicable laws and the remainder of this section (Liability) Blushy shall not be liable in contract, tort or otherwise for any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings or cost of substitute services); any loss of goodwill or reputation; or any special, indirect or consequential losses; in any case, whether or not such losses were in the contemplation of you and Blushy.

Nothing in the Terms shall exclude or limit either your or Blushy’s liability for:

  1. death or personal injury;

  2. fraud or fraudulent misrepresentation; or

  3. any other liability that cannot be excluded or limited by law.

 

Contacting Blushy: Blushy can be contacted by email at: contact@blushy.app.

 

Governing law.The Terms are governed by and shall be construed in accordance with English law. Disputes shall be subject to the exclusive jurisdiction of the English courts.

  

 

 

 

 

 

 

 

 

 

© 2019 Blushy. All rights reserved. Blushy is a Trading Name of Machine Town Ltd. 

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