Terms and Conditions of Krush

Welcome to the Terms of Use of Krush (the "Terms"). This agreement is made between you and Krush (as defined below). We want you to understand your rights and our obligations before using the Krush application ("Krush" or "the Application").

We encourage you to carefully read these Terms. By accessing, viewing, or using the Application, you agree to be bound by these Terms. You will also find our Community Guidelines and our Privacy Policy, which are an integral part of these Terms.

1. Rules for Using Krush

Before using the application, you must create an account ("Account"). To do so, you must:

  1. be at least 18 years old or the age of legal majority in your country of residence, if this age is higher than 18 years; and
  2. be legally authorized to use the Application in accordance with the laws of your country of residence.

We monitor the use by minors and reserve the right to suspend or request verification of your account if we have reason to believe you are a minor.

You can create an account manually or via Facebook. By creating an account, you authorize us to access certain information from your Facebook account (such as your name and email). For more information on managing your data, please refer to our Privacy Policy. By using the application, you agree that we collect and use your data in accordance with this policy.

You are responsible for the security of your account and cannot use another user's account without permission. It is your responsibility to ensure that any use of your account complies with these terms.

You can delete your account at any time through the Settings page. Deleting your account is immediate, but complete removal of your content may take some time. If you attempt to recreate an account with the same information during this period, we will reactivate your existing account.

We use automated systems and moderators to monitor accounts and content. We reserve the right to suspend or terminate any account for violating these Terms, at our sole discretion. If your account is suspended or terminated, you will not be entitled to a refund for any paid services.

If you wish to contest a measure taken against your account, you have six months to appeal. Please refer to the relevant section of our Community Guidelines for more information on the appeal procedure.

Users residing in the EU have additional rights under the Digital Services Regulation, including access to extrajudicial dispute resolution procedures. Users in the UK also have the right to take legal action in case of a contract violation.

You cannot access private areas of the application without an account. Some sections of the application may be inaccessible if you have not created an account.

2. TYPES OF CONTENT

There are three categories of content accessible on the application:

  1. Content that you upload and provide ("your content");
  2. Content provided by other members ("members' content");
  3. Content provided by us, including but not limited to, databases and/or software ("our content").

Some content is prohibited on Krush

Our Community Guidelines form an integral part of these Terms and define the types of content and behaviors allowed on our application, both online and offline. You agree to comply with this Charter, which may be updated periodically.

We want our users to be able to express themselves freely and share a variety of content on Krush. However, content that is strictly prohibited includes content that:

  • Is illegal or encourages, promotes, or incites illegal activities;
  • Is harmful to minors;
  • Is defamatory;
  • Infringes or violates the rights of a third party, including but not limited to intellectual property rights and privacy rights;
  • Shows a person without their consent, created or distributed without their knowledge;
  • Contains language or images that could be deemed offensive or likely to harass, disturb, embarrass, alarm, or annoy others;
  • Is obscene, pornographic, violent, or offensive to human dignity;
  • Is abusive, insulting, threatening, discriminatory, or promotes racism, sexism, hatred, or sectarianism;
  • Contains commercial elements (including but not limited to the sale of products, contests, advertising, links to external websites, or telephone numbers for paid services);
  • Involves the transmission of unsolicited emails or "spam";
  • Impersonates others or attempts to deceive or manipulate a person (including but not limited to scams and inauthentic behavior);
  • Contains spyware, adware, viruses, corrupted files, worms, or any other malicious code designed to interrupt, damage, or limit the functionality of software, hardware, networks, servers, or any other equipment, or to harm personal data;
  • Violates any part of our Community Guidelines.

Your Content

You agree that your content complies with our Community Guidelines, as may be updated periodically. As the owner of your content, you are fully responsible for it, and you indemnify, defend, and hold us harmless from any liability related to this content.

You must not share personal contact or banking information on your profile, whether it's your own or that of third parties (e.g., names, addresses, postal codes, phone numbers, email addresses, URLs, credit/debit card numbers, or other banking information). If you choose to share personal information with other users, whether by email or any other means, you do so at your own risk. We recommend that you exercise the same caution as you would offline when disclosing your personal information to third parties.

Since Krush is a public community, your content will be immediately visible to other users of the application worldwide. Before posting, ensure that you only share content for which you take full responsibility. As such, you agree that your content will be accessible to other users as well as to individuals who receive a link to your profile or shared content. By posting your content on Krush, you represent and warrant that you have all the necessary rights and permissions to do so. You grant us a non-exclusive, free, worldwide, permanent, transferable license to use, reproduce, modify, adapt, translate, distribute, publish, and display your content in any form or medium, now or in the future.

We are also authorized to assign or sublicense this license to our affiliates and successors, without requiring further approval from you.

We have no obligation to store your content. It is your responsibility to keep a copy if it is important to you.

To prevent unauthorized use of your content by other members or third parties outside of Krush, you authorize us to act on your behalf to protect your rights. This includes, but is not limited to, sending takedown notices (including pursuant to 17 USC § 512(c)(3) for DMCA takedown notices) if your content is used without authorization by third parties.

Members' Content

Other users of Krush also share content on the application. This content belongs to the user who uploaded it, it is stored on our servers, and published on the application as needed by that user.

You have no rights to other users' content and may only use their personal information in connection with the purpose of Krush, which is to allow users to meet. You are strictly prohibited from using other users' information for commercial purposes, sending unsolicited mail, harassing, stalking, or threatening them. We reserve the right to suspend your account in the event of abusive use of other users' information.

Users' content is governed by Sections 512(c) and/or 512(d) of the U.S. Digital Millennium Copyright Act of 1998. If you have a claim concerning other users' content, please refer to the section regarding the Digital Millennium Copyright Act below for more information.

Our Content

Any other content on Krush, including texts, graphics, user interfaces, trademarks, logos, sounds, illustrations, and any other intellectual property, as well as the Krush software and its databases, are the exclusive property of Krush. They are protected by copyright, trademarks, and other intellectual property laws. All rights related to our content remain the property of Krush at all times.

We grant you a non-exclusive, limited, personal, non-transferable, and revocable right to access our content, subject to the following conditions:

  1. You must not sell, modify, or distribute our content, except to the extent permitted by the functionality of the application.
  2. You must not use our name in metadata, keywords, or hidden text.
  3. You must not create derivative works of our content, nor disable, modify, analyze, or commercially exploit it, in whole or in part, in any way.
  4. You must use our content only as legally authorized.

We reserve all other rights not expressly mentioned.

No Obligation to Pre-screen Content

Although we are not required to pre-screen all your content or that of other members, we may, at times, intervene to ensure the safety of our members. As a result, we reserve the right to review, pre-filter, reject, or remove any member content, including content exchanged in direct messages, as outlined in these terms.

Use of Recommendation Systems

We have implemented algorithms to predict your compatibility with other users and suggest people who might meet your expectations. To learn more about our use of recommendation systems and the main parameters we use, please refer to our Privacy Policy.

3. RESTRICTIONS ON THE APPLICATION

You agree to:

  • Comply with all applicable laws, including, but not limited to, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws, and regulatory requirements;
  • Use your real name and provide your true age when creating your Krush account and profile;
  • Use the services in a safe, inclusive, and respectful manner, at all times adhering to our Community Guidelines.

You agree not to:

  • Act illegally or disrespectfully, including being dishonest, abusive, or discriminatory;
  • Misrepresent your identity, age, current or past jobs, qualifications, or affiliations with any person or entity;
  • Disclose information that you are not authorized to share;
  • Stalk or harass any other user of the application;
  • Use the application in a deceptive, inauthentic, or manipulative manner, including by distributing content related to scams, spam, fake profiles, or unauthorized commercial activities;
  • Submit requests, reports, reviews, or complaints that are obviously unfounded;
  • Develop, maintain, or use any software, devices, scripts, bots, plugins, add-ons, or any other technology (including crawlers and other automated collection methods) to extract or exfiltrate data from Krush or its services, or to copy profiles and other information from the services.

We do not tolerate misconduct within the Krush community. You can report any abuse or submit a complaint regarding the content of a member by contacting us and describing the abuse or complaint. You also have the option to report a user directly from their profile or from a conversation by clicking on the "Block and Report" link. We reserve the right to investigate any potential violations of these Terms or third-party rights, and we may, at our sole discretion, immediately terminate a user's access to the application without notice, as outlined in Section 1 above, and/or remove any content that we deem inappropriate or that violates the rights of others.

We do not control what our users say or do, so you are solely responsible for your interactions with other members of the application.

IN CERTAIN CIRCUMSTANCES, SUCH AS IN RESPONSE TO REPORTS OR MEDIA REPORTING SUSPECTED MISCONDUCT, WE MAY CONDUCT AN INVESTIGATION TO DETERMINE IF A MEMBER HAS A CRIMINAL RECORD. THIS MAY INCLUDE CONSULTING SEX OFFENDER REGISTRIES OR OTHER PUBLIC RECORDS. IF THE INVESTIGATION REVEALS THAT A MEMBER HAS BEEN CONVICTED OF A CRIMINAL OFFENSE, WE MAY USE THIS INFORMATION TO DETERMINE IF THE CONVICTED PERSON IS THE SAME AS THE MEMBER IN THE APPLICATION. FOLLOWING SUCH AN INVESTIGATION, WE MAY PREVENT THIS PERSON FROM USING THE APPLICATION AND COMMUNICATING WITH OTHER MEMBERS IF WE BELIEVE THAT THE CONVICTION RELATES TO A SEXUAL OFFENSE (SUCH AS SEXUAL ASSAULT, SEXUAL HARASSMENT, OR ANY REGISTERED SEX OFFENDER), HUMAN TRAFFICKING, HARASSMENT, KIDNAPPING, CHILD ABUSE, DOMESTIC VIOLENCE, MURDER, HATE CRIMES, TERRORISM, OR VIOLENT EXTREMISM. WE RESERVE THE RIGHT TO BLOCK MEMBERS FOR OTHER OFFENSES OR OTHER VIOLATIONS OF THESE TERMS, AT OUR SOLE DISCRETION.

CRIMINAL BACKGROUND CHECKS, WHEN CONDUCTED, ARE NOT REGULARLY UPDATED. WHILE SOME BACKGROUND CHECKS MAY BE CONDUCTED, THEY ARE NOT INFALLIBLE AND MOST MEMBERS ARE NOT REQUIRED TO BE VERIFIED. ANY CHECK MAY PROVIDE MEMBERS WITH A FALSE SENSE OF SECURITY. CRIMINAL BACKGROUND CHECKS, WHEN CONDUCTED, DO NOT GUARANTEE PERFECT SECURITY, AS THE MOST SOPHISTICATED TECHNOLOGIES CAN BE CIRCUMVENTED. FURTHERMORE, CRIMINAL RECORDS ARE NOT PUBLIC IN ALL STATES, AND NOT ALL DATABASES ARE UPDATED. ONLY PUBLIC CONVICTIONS ARE INCLUDED, AND CHECKS DO NOT COVER NON-PUBLIC CONVICTIONS, ARRESTS, OR CONVICTIONS IN FOREIGN COUNTRIES.

You agree to release Krush and its successors from any claims, demands, losses, damages, rights, or actions of any kind, including but not limited to injuries, death, and property damage, arising directly or indirectly from your interactions or the conduct of other users of the application.

The reproduction of any part of the application without our prior consent is expressly prohibited. This includes the use of any means (automated or otherwise) other than our currently available published interfaces, unless you have expressly been authorized to do so under a separate agreement with us.

5. PRIVACY

For more information on how we collect, use, and share your personal data, you can consult our Privacy Policy. By using Krush, you acknowledge that we may process this data in accordance with our Privacy Policy.

8. PUSH NOTIFICATIONS; GEOLOCATION FEATURES

We may send you emails, SMS, push notifications, alerts, and other messages related to the Application and/or Krush services, such as improvements, offers, products, events, and other promotions. When you download the Application, you will be asked to accept or decline receiving push notifications/alerts. If you decline, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the Application, you can disable them by modifying the notification settings on your mobile phone. You can also unsubscribe from other types of messages or communications, such as emails, SMS, etc., either by following the specific instructions in those messages or by sending your request via email to [email protected].

The Application may allow access or offer the possibility to view certain content or receive other products, services, and/or resources based on your location. To provide these opportunities, the Application will determine your location using one or more reference points, such as GPS, Bluetooth, and/or software on your mobile phone. If you have set your phone to disable GPS, Bluetooth, and/or software used to determine your location, or if you do not allow the Application to access your location data, you will not be able to access these location-based contents, products, services, and resources. To learn more about how the Application uses and protects your information, please refer to the Privacy Policy.

9. DISCLAIMER

THE APPLICATION, OUR CONTENT, AND THE USER CONTENT ARE ALL PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF MATCHES.

IF THE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF THE IMPLIED OR EXPRESS WARRANTIES ABOVE, WE GRANT THE MINIMUM IMPLIED OR EXPRESS WARRANTY REQUIRED BY THE APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, CONSTITUTES A WARRANTY, REPRESENTATION, OR AUTHORIZATION NOT EXPRESSLY DESCRIBED IN THIS SECTION.

FURTHERMORE, WE CANNOT GUARANTEE THAT THE APPLICATION WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, NOR THAT YOUR USE OF THE APPLICATION OR THE SITE WILL MEET YOUR EXPECTATIONS, OR THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE APPLICATION, SITE, OUR CONTENT, USER CONTENT, OR ANY OTHER RELATED PARTIES. USE OF THE APPLICATION OR THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. WE DISCLAIM ANY RESPONSIBILITY FOR THE BEHAVIOR OF USERS. WE DO NOT VERIFY THE CRIMINAL BACKGROUND OF OUR MEMBERS.

10. LIMITATION OF LIABILITY

NEITHER WE NOR ANY OWNER SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, REVENUE, PROFITS, OR CUSTOMERS, PROPERTY DAMAGE, AND THIRD-PARTY CLAIMS ARISING FROM YOUR ACCESS OR USE OF THE APPLICATION, OUR CONTENT, OR ANY MEMBER CONTENT, REGARDLESS OF THE CAUSE, WHETHER BASED ON A BREACH OF CONTRACT, A TORT (INCLUDING NEGLIGENCE), A VIOLATION OF INTELLECTUAL PROPERTY RIGHTS, A PRODUCT LIABILITY, OR OTHERWISE.

THIS SECTION WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE APPLICATION FOR ANY REASON, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE APPLICATION.

YOU WAIVE ANY CLAIMS ARISING FROM YOUR USE OF THE APPLICATION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, IN WHICH CASE THESE PROVISIONS WILL NOT APPLY. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR TOTAL LIABILITY WILL NOT EXCEED THE SUM OF TWENTY DOLLARS ($20).

THE LIMITATION OF LIABILITY DESCRIBED HERE IS A FUNDAMENTAL ELEMENT OF THE CONTRACTUAL BASIS AND REFLECTS A FAIR DISTRIBUTION OF RISK. THE APPLICATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS, AND EXCLUSIVE REMEDIES DESCRIBED HEREIN WILL REMAIN IN EFFECT EVEN IF THEY HAVE FAILED TO FULFILL THEIR ESSENTIAL PURPOSES.

11. INDEMNIFICATION

Any actions you perform and information you post on Krush remain your responsibility. You agree to indemnify, defend, hold harmless, or release us from any liability, as well as our partners, licensors, affiliates, service providers, agents, directors, employees, representatives, and agents from any third-party claims, damages (actual and/or indirect), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) incurred or suffered by us that result from or are related to:

  1. any negligence, omission, or willfully disrespectful behavior on your part;
  2. your access to the application and your use of it;
  3. the uploading or submission of Content on the Application by you;
  4. any breach by you of the Terms of Service; and/or
  5. any violation by you of the laws or the rights of any third party.

We retain the exclusive right to settle, compromise, and pay any claim or cause of action brought against us without your prior consent. If requested, you will fully and reasonably cooperate in the defense of any relevant claims.

The above provision does not require you to indemnify us for any unfair business practices or any fraud, misrepresentation, false promise, false statement, or concealment, suppression, or omission of any material fact in connection with the application.

12. COPYRIGHT INFRINGEMENT CLAIM PROCEDURE

If you believe that content on Krush infringes the copyright of a work you own, please send a notification alleging such infringement ("DMCA Takedown Notice") to our copyright agent. The takedown notice must include the following elements:

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. identification of the material that is infringing or subject to infringing activity and that must be removed or whose access must be disabled, along with reasonably sufficient information to allow the service provider to locate the content;
  4. reasonably sufficient information to allow the service provider to contact you, such as an address, telephone number, and, if available, an email address;
  5. a statement certifying that, in good faith, the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. a statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that you claim has been infringed.

Takedown notices should be sent to our copyright agent at [email protected].

13. THIRD-PARTY APP STORES

The following additional terms apply if you download the Application from a third-party store. To the extent that the other Terms of these Terms of Service are less restrictive or otherwise incompatible with the terms of this section, the more restrictive or incompatible terms in this section will apply but only with respect to the Application and the third-party store. You acknowledge and agree that:

  1. These Terms are concluded exclusively between you and us, and not between the third-party store providers. We (and not the third-party store providers) are solely responsible for the Application and its content. To the extent that these Terms provide rules of use for the Application that are less restrictive or incompatible with the applicable terms of the third-party store from which you downloaded the Application, the more restrictive or incompatible terms of the third-party store will prevail and apply.
  2. The third-party store provider has no obligation to provide maintenance and support services concerning the Application. We are solely responsible for any warranty on the products, whether express or implied under the law, to the extent that it is not effectively waived. The third-party store provider has no warranty obligations regarding the Application, and any claims, losses, damages, costs, or expenses arising from a failure to comply with a warranty will be our sole responsibility.
  3. We, and not the third-party store provider, are responsible for handling any claims you or a third party may have regarding the Application or your possession and/or use of the Application, including but not limited to: (i) claims related to product liability; (ii) any claim relating to the non-compliance of the Application with any applicable legal or regulatory requirement; (iii) claims arising from consumer protection or similar legislation; and/or (iv) claims related to the infringement of intellectual property.
  4. The third-party store provider and its affiliates are third-party beneficiaries of these Terms and, after your acceptance of these Terms, the third-party store provider from which you obtained the Application will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

In the event of a conflict between the applicable terms of a third-party store or mobile carrier and these terms, the third-party store or mobile carrier terms will prevail. We are not responsible and assume no liability for the products or services of third parties that you obtain via a third-party store or mobile carrier. We encourage you to make any necessary or appropriate inquiries before engaging in any online transactions with such third parties.

16. TERMINATION AND REMEDIES

These Terms are effective as of the date you accept them (as described in the preamble) and continue until terminated in accordance with these terms.

You may delete your account at any time by logging into the application, accessing the "Settings" tab (the gear icon), and following the instructions to delete your account.

In the event that we determine, at our sole discretion, that you have violated any part of these Terms of Service, that you have used the application abusively, or that you have engaged in behavior we deem inappropriate or illegal (whether on or off the application), we reserve the right to: (a) warn you via email (to all email addresses you have provided to us) that you have violated the Terms of Service; (b) remove your user content; (c) terminate your account; (d) notify and/or send your user content to the relevant authorities for law enforcement action and/or cooperate fully with them for any subsequent actions; and/or (e) take any other action we deem appropriate. You agree that all terminations for cause will be at our sole discretion, and we will not be liable to you or any third party for the termination of your account.

The termination of these Terms or your account includes the removal of access to your account as well as any information and content associated with or inside your account.

If your account is terminated by you or by us for any reason, any provisions of these Terms that by their nature should survive will survive the termination of these Terms, including but not limited to the Arbitration Agreement, ownership provisions, warranty disclaimers, and limitation of liability. Your information will be retained and deleted in accordance with our Privacy Policy.

17. MISCELLANEOUS

There are a few points we need to mention before you can use Krush.

These Terms, which we may modify from time to time, constitute the entire agreement between you and us. The Terms of Service supersede any prior agreement, representation, or arrangement between us, whether written or oral, except for the Privacy Policy. Nothing in this clause limits or excludes liability for fraudulent misrepresentation.

We have taken reasonable steps to ensure the timeliness, availability, accuracy, and completeness of the information on Krush and provide this information as is and as available. We make no representations or warranties of any kind, express or implied, regarding the information contained on Krush. Your use of Krush and any materials available on the application is at your own risk. We will not be held liable for any loss related to the transmission, use of data, or incorrect Member Content.

You are responsible for taking all necessary precautions to ensure that the material you obtain from Krush does not contain viruses or other components that may cause damage. You agree that Krush will not be provided without interruptions or errors, that certain defects may not be corrected, or that we, or the server that makes it available, are free from viruses, bugs, spyware, trojans, or other similar malicious software. We are not responsible for any damage to your computer hardware, software, or other equipment or technology, including but not limited to damage resulting from a security breach, virus, bug, alteration, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network malfunction, or any other technical malfunction or otherwise.

Communications between you and us may take place electronically, whether you use the application, send us emails, or whether we post notices in the application or communicate with you by email. For contractual purposes, you (a) consent to receiving communications from us in electronic form; and (b) accept that all terms and conditions, agreements, notices, disclosures, and other communications we provide to you electronically satisfy the requirement that they be provided in writing. The above does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.).

We know our Terms of Service are fantastic, but sometimes we need to change them.

As Krush grows, we may need to modify our Terms of Service. We reserve the right to modify, change, or adjust the Terms of Service at any time (a "Modification"). In such cases, the Modifications will be posted on this page, and we will indicate the effective date of the updates at the bottom of the Terms of Service. In certain circumstances, we may send you an email to inform you of the Modifications. It is also possible that we may ask you to accept these Modifications, but we will inform you at that time. We encourage you to regularly check this page to stay informed about the Modifications. We want our users to always be up to date.

By continuing to use Krush after a Modification, you accept the Modification and will be legally bound by the updated Terms of Service. If you do not accept the Modifications to the Terms of Service, you must immediately stop using Krush.

Additional Terms

If, for any reason, any of the Terms are declared illegal, invalid, or otherwise unenforceable by a court or competent jurisdiction, they will be removed, and the remainder of the Terms will remain in full force, binding, and enforceable.

The failure or delay in exercising any rights, powers, or privileges under these Terms does not constitute a waiver of these rights or modify the Terms of Service. A partial or one-time exercise by either party of a right, power, or privilege does not prevent future exercises of the same or any other right, power, or remedy.

The application may contain links to third-party websites or sources. In such cases, you acknowledge and agree that we are not responsible and have no obligation to respond:

  1. for the availability or accuracy of such sites or sources;
  2. for the content, products, or services available on or from such sites or sources.

The display of hyperlinks to external sites or sources does not constitute our endorsement. You take full responsibility for your use of such sites or sources and assume all risks. Framing, hotlinking, or other methods of associating with the application are expressly prohibited without prior written authorization.

You may not transfer or assign these Terms of Service, or any of the rights or licenses they grant. We may assign them without restriction.

In the event of any contradictions between the English version and the translated versions of these Terms of Service, the English version shall prevail.

If you have any questions, complaints, or claims regarding the application, please contact us at [email protected].

18. GOVERNING LAW AND FORUM

Access to the Krush application, our Content, as well as any Member Content, and any claim arising from or related to your relationship with us, and these Terms are governed by and construed in accordance with the laws of the Republic of Madagascar. Any claims arising from or related to these Terms and/or your relationship with us, which, for any reason, are not subject to arbitration, as well as any claims or cases challenging the enforceability or applicability of the arbitration provisions included herein, will be exclusively submitted to the jurisdiction of the competent courts in Antananarivo, Madagascar. You agree that these courts have personal and territorial jurisdiction, and you waive any objection based on an inconvenient forum. You also agree not to file or participate in any class action against us.

Effective Date

The Terms were last updated on October 18, 2024.