Terms of Service

Crush.Now is an online chat application that uses artificial intelligence (“AI”) algorithms to generate virtual and fictional characters (the “AI Companions”). The APP generates messages, so that you can chat with the AI Companions. The APP can also generate other media including, but not limited to, images, videos and voice notes (the “Services”). Parts of the Services offered by the APP may require you to create a user account.

The Services are generated based on a text description. While we strive to ensure that the content generated by the Services are safe and appropriate, we cannot guarantee that they will be. We are not responsible for any harm that may result from the use of Crush.Now. We encourage you to use our Services responsibly and to be aware that the content generated by AI may not be accurate or realistic.

1.1 Account

The Services are generated based on a text description. While we strive to ensure that the content generated by the Services are safe and appropriate, we cannot guarantee that they will be. We are not responsible for any harm that may result from the use of Crush.Now. We encourage you to use our Services responsibly and to be aware that the content generated by AI may not be accurate or realistic.

You agree to, from time to time as necessary, update any information associated with your user account (including but not limited to, your email, payment information, subscriptions or other supplemental information as the case may be) so that it remains current, accurate and correct at all times. You agree to protect the confidentiality of your user account not to share your user account access and not to disclose your password to any third party.

You agree that you are fully responsible for all activities occurring under your user account. Your user account is non-transferrable. You cannot sell, lend, or otherwise share it with any other person, for commercial purposes or free of charge.

Any violation of these TOS, including but without limitation, the failure to maintain updated and correct information about your user account may cause your user account to fall out of good standing and we may cancel your user account at our sole discretion.

Meanwhile, we reserve the right to terminate or restrict your user account, or otherwise revoke your access to the APP or Services provided by us, at any time for reasons or suspicions which indicate you have violated the terms of TOS and/or any other Terms or Policies published in our APP at our sole discretion. You agree that we will not be liable to you or any third party for, without limitation, any denial of use of the APP or the content or Services offered by us, any change of costs for third party Services or fees or otherwise or from suspension or termination of your user account.

1.2 Subscription

We retain the right, at our sole discretion, to provide some Services, which will be available only for paid subscribers. The subscription will begin after the initial payment and the payment should be performed pursuant to the fee terms as presented in our APP at the time of the purchase. You are responsible for payment of all fees, charges and taxes (if required by law) related to the transaction.

Please note that if you subscribed to the Services from a distribution platform from a third party which is not indicated or recognized by us, we are not responsible for any costs or liability arising from your action.

1.3 User Safety

We strongly advise all users to exercise caution and refrain from disclosing sensitive personal information during the use of our Services. This includes, but is not limited to, financial details, addresses, contact information or passwords. While we implement security measures to safeguard user data, we cannot guarantee the security of information shared during interactions.

Users are solely responsible for protecting their personal information and should be aware of potential risks associated with online conversations. We encourage users to report any suspicious or inappropriate behavior encountered on the platform, as we are committed to maintaining a safe and respectful environment for all users.

1.4 Warranties

You understand and warrant that:

a. If you are entering into these TOS on behalf of another person, you are fully and duly authorized by such person to enter into these TOS which will be binding upon both you individually and such other person;

b. You are of the legal age in the jurisdiction of your place of domicile to form a binding contract with us;

c. If you are under the legal age in the jurisdiction of your place of domicile, you shall not access or use our Services.

The intellectual property in the APP and embedded materials (including without limitation technology, systems, files, documents, text, photographs, information, images, videos, audios, and software, individually or in combination) in the APP are owned by or licensed to Crush.Now. You may download or sign-up (register) to Crush.Now, to view, use, and display the APP and its content on your devices for your personal use only.

Crush.Now hereby provides you with a license for personal use only. This license does not constitute a transfer of title under any circumstances. This license shall automatically terminate if you violate any of the restrictions or these TOS (including any other Terms and Policies published in the APP) and may be terminated by us at any time.

For personal use, you are permitted to view, duplicate, and print pages from the APP and Services. However, any duplication, download, modification, reproduction, distribution, display, performance, broadcasting, transmission, or exploitation of the APP and Services without prior written authorization from Crush.Now is strictly prohibited. Any unauthorized use may result in legal consequences.

If you duplicate, screenshot, download, or print portions of the Content for personal use, you must retain all embedded copyright and proprietary indicators. Using the Content to establish any form of business is forbidden.

You may provide input within the APP (“Input”) and receive output from the Services provided by the APP based on the Input (“Output”). Input and Output are collectively referred to as “Content.” Input is limited to chats and prompts visible only to you within your private account. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input within our APP.

You retain your intellectual property ownership rights over the Input. We will never claim ownership of your Input, but we do require a license from you in order to use it.

When you use the APP and/or Services to upload Input covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with our Privacy Policy.

The license you grant us can be terminated at any time by deleting your Input or account. However, to the extent that we (or our partners) have used your Input in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

4.1 Rules and restrictions

In accessing and using the APP, you agree to abide by the following rules, restrictions, and limitations:

• You will not modify, translate, adapt, or reformat the APP;
• You will not decipher, decompile, disassemble, or reverse-engineer, or otherwise attempt to discover the source code or structure of, the software or materials comprising the APP;
• You will not interfere with or circumvent any security feature of the APP or any feature that restricts or enforces limitations on the use of the APP;
• You will not use the APP to gain unauthorized access to our or any third party's data, systems, or networks;
• You will not use the APP in any manner that could damage, disable, overburden, impair, or otherwise interfere with or disrupt our systems and networks, or otherwise interfere with other users' use of the APP;
• You will not use the APP in any way that, in our sole discretion, may expose us and others to liability or damages;
• You will not use the APP to achieve illegal ends, to offend others, or to commit a misdemeanor, felony, or crime;
• You will not remove, change, or obscure any copyright, trademark notice, trademark, hyperlink, or other proprietary rights notices contained in the APP; and
• You will comply with all applicable laws in your access and use of the APP.

4.2 Content responsibility

You, as a user of the APP are solely responsible for the Output generated by the AI Companions through text messages, voice messages, images, and videos. The AI Companions learn and respond based on the conversations you lead and the parameters you select. You understand and agree that Crush.Now does not control or endorse the content generated by the AI Companions. Therefore, you acknowledge that you are fully responsible for the Output generated by the AI and for your own actions while using the APP.

You must ensure that your interactions with the AI Companions comply with applicable laws, regulations and these TOS, and you shall not engage in any illegal, unethical, or harmful activities through the APP.

4.3 Incidences and User Actions

Crush.Now shall not be held responsible for any incitement or actions that may occur as a result of interactions between users and the AI Companions. As an AI-driven platform, the AI Companions are programmed to simulate human-like conversations, but their responses are generated based on algorithms and machine learning.

We do not endorse or take responsibility for any actions, decisions, or consequences that may arise from the user's engagement with the AI Companions. Users should exercise their own judgment and discretion while interacting with the AI Companions and refrain from engaging in any activities that could potentially cause harm or violate any applicable laws or regulations.

4.4 Content Moderation

While conversations between users and AI Companions are generally confidential, we have implemented a content moderation filter to ensure compliance with our TOS and all other Terms and Policies. In the event that the moderation filter detects any content that violates our terms, we reserve the right to manually review the flagged content and take appropriate action, which may include terminating the user's account.

We reserve the right, but are not obligated, to reject and/or remove any user content that we believe, in our sole discretion, violates these provisions. If you have noticed any violation of these Terms from your prospective, content of any nature whatsoever, please report in the APP in the “Contact” section.

5.1 Cancellation

All the details about your subscription, including start date, end date and type of subscription plan can be found in your account.

You have the flexibility to cancel your subscription at any time by clicking the “Unsubscribe” button. If you choose to cancel, your subscription will remain active until the end of the current billing period, and you will not be charged for the subsequent period.

5.2 Access upon cancellation

Upon the cancellation of your subscription, you will retain access to your account and all associated features until the end of the current billing period. At the conclusion of this billing period:

1. Platform Access: Your access will be restricted to the free version of the platform. You will no longer have access to premium features and content that are exclusive to paid subscriptions.
2. Token Usage: Any remaining tokens in your account will expire and become unusable. They will not carry over or be refunded after your subscription ends.

Should you choose to resubscribe, any tokens from previous cancelled subscriptions that were not used within the validity period of the subscription cannot be carried over to a new subscription. Each subscription period is treated independently, and tokens must be used within their respective billing periods.

If a subscription or a token purchase is refunded, the subscription is deemed immediately cancelled. All access to premium features and remaining tokens will be revoked at the time of refund processing.

If a user files a refund request, the subscription is immediately cancelled. All access to premium features and remaining tokens will be revoked at the time of the refund process.

5.3 Refund Policy

All sales are final. This policy is in place because our services and digital products are delivered immediately upon purchase, making it impractical to reverse transactions after fulfillment. Additionally, the custom and on-demand nature of our offerings means that once work has begun, resources are committed and cannot be recouped. By proceeding with a purchase, you acknowledge and agree to this no-refund policy.

By using our Services, you acknowledge that content generated on demand may not be accurate. As the content is generated by artificial intelligence, we cannot guarantee the accuracy of the results.

Under no circumstances shall Cruch.Now be responsible to you or any third party for damages arising from the usage of the APP or Services. We make no and hereby disclaim, any representations or warranties of any kind, express, implied, statutory or otherwise, including the warranties of merchantability, fitness for a particular purpose, satisfactory quality, noninfringement, and title with respect to the app, to the fullest extent permissible under applicable law.

We bare no liability for:

• Interruption or unavailability of the APP or Services;
• The APP or Services not meeting your requirements;
• Errors or misrepresentations of content;
• The accuracy, likely results, or reliability of the use of the materials on our website, or otherwise relating to such materials or on any resources linked to our website
• Any errors or malfunctions in the app will be corrected;
• Personal injury or property damage due to service usage;
• Unauthorized use, breach or alterations of servers or data;
• Malware or viruses from third parties;
• Statements or behaviors of other users or entities on the APP or Services.

We shall in no event be responsible or liable to you or to any third party, whether under contract, warranty, tort (including negligence), strict liability, indemnity or other theory, for any direct, indirect, special, incidental, consequential, exemplary, liquidated or punitive damages or any other damages, including but not limited to loss of profit, revenue or business, cost of substitute procurement, arising in whole or in part from your use of (or inability to use) the app, even if we have been advised of the possibility of such damages. Under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from any causes beyond its reasonable control.

The APP may include links or allow access to third-party websites and services. Please note, their presence does NOT mean that they are recommended by us and we do not guarantee their safety and conformity with any of your expectations. We assume no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and services.

It is your responsibility to take precautions to ensure that anything you select for your use or download, whether from the APP or a Third Party APP, is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. We assume no responsibility, and are not liable, for any transmission or material, or any viral infection of your computer equipment or software, or any other types of damage related to your access, use of browsing of Third Party APPs or Third Party Content. If you decide to access a Third Party APP, you do this entirely at your own risk and you should review the terms of use and privacy notice or similar terms governing the use of such Third Party APPs.

This TOS shall be governed by and construed in accordance with the laws of Hong Kong SAR without giving effect to its conflict of law provisions, regardless of your location.

Any dispute arising out of or in connection with the TOS or any other Terms and Policies, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by the courts of Hong Kong SAR.

We reserve the right to update or make changes to these TOS and/or any other Terms and Policies documents from time to time in our sole discretion. The latest versions of these TOS and/or any other Terms and Policies documents are accessible through the APP. If you do not agree with the revised Terms and Policies, you have the right and should immediately stop using the APP, your continued access or use of the APP after any changes to these documents have been posted means your agreement and consent to such changes.

We reserve the right to change the Services scope and change the fees applicable to the Services at any time for any reason in our sole discretion and without notice.

These TOS and/or any other Terms and Policies will continue in effect until terminated by either you or us as set out below. You may terminate these TOS at any time by ceasing your access and use of the APP. In the case that you are a paid subscriber to us, the subsequent processing of fees shall be subject to the respective rules of the payment processor (indicated or recognized by us). We may terminate these TOS and your right to access or use the APP, with or without notice to you, for any reason, including suspected breach of these TOS and any other Terms and Policies by you.

We reserve and retain the rights to assign, transfer or subcontract the Services to any third parties. Notice will be posted on the APP and your continuing use or update of the APP means your consent to such assignment.

If any provision of these TOS or any other Terms and Policies is found to be unlawful, void or for any reason unenforceable, that provision will not affect the validity and enforceability of any remaining provision and such provision will be enforced to the maximum extent possible so as to affect the intent of the parties.

These TOS, together with the Privacy Policies and other published Terms and Policies, constitute the entire agreement between us and you pertaining to any and all access and use of the APP and supersede any and all prior or contemporaneous written or oral agreements between us and you pertaining thereto.

We will collect and process your information and technical data in accordance with the Privacy Policy.