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Terms of Use

Issued: December 01, 2024

IMPORTANT NOTICE

THESE TERMS ARE SUBJECT TO A BINDING ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN SECTION 18 BELOW. YOU AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE PURSUANT TO THESE TERMS OR THE ACCESS OR USE OF THE SERVICE, AS DEFINED BELOW, WILL BE RESOLVED IN ACCORDANCE WITH SECTION 18 BELOW. PLEASE READ THAT SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS.

1. Introduction

Please carefully read the following provisions of this Terms of Use (“Terms”). These Terms constitute a binding legal agreement between you (“you”, “your” or “user”) and Zhoosh Sp. z o.o (“Zhoosh”, “we”, “our”, or “us”), governing your access and use of all features, сontent, and other services provided by Zhoosh, including without limitation the Zhoosh application (“App“) and our website available from https://www.zhoosh.ai/ and all subdomains (“Website”, collectively with App “Service”). All references to “you” or “your” as applicable, mean the person who accesses, uses, or participates in the Service. 

By registering an Account, using any of our features, or accessing the Service in any manner, you acknowledge and affirm that you have read, understood, accept, and agree to be bound by these Terms (including any future modifications), our Privacy Policy (“Privacy Policy”), and Community Guidelines (“Community Guidelines”). If you are an Expert Stylist in Zhoosh (“Expert Stylist”), you are also bound by our Expert Stylist Agreement (“Expert Stylist Agreement”). 

If you do not agree to these Terms, along with any additional policies, guidelines, or terms, you may not register an Account or otherwise use or access the Service.

2. Eligibility

To use the Service, you must:

  • Be at least thirteen (13) years old, or the minimum age required by laws in your jurisdiction to use such services, but not less than thirteen (13) years old;
  • Be a natural person either over the Age of Consent (“Age of Consent”) under applicable law or have your parent's or guardian's consent if you are under the Age of Consent in your jurisdiction to form a legally binding contract;
  • Be personally assigned to the email address and other information submitted in relation to your Account;
  • Be physically located in a jurisdiction where the use of such services is permitted by law;
  • Not be barred from using the Service under applicable laws;
  • Not have been permanently terminated from our Service;
  • Be willing to use the Service of your own free will;
  • Have the legal authority to create an account and use the Service on behalf of another person, company, organization, government or other legal entity, if you are creating an account not for yourself;
  • Be not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and not be listed on any U.S. Government list of prohibited or restricted parties.

We reserve the right to entirely terminate your Account, delete any Content or information you have submitted, and prohibit you from using the Service, with or without notice if you do not meet at least one of the above requirements.

Accessing and utilizing the Service may have limited compatibility across different devices, platforms, and operating systems. It is your sole responsibility to obtain and maintain compatible devices required to access and use our Service, as updated from time to time.

3. Account Registration

To receive access to the Service, you will need to create an Account ("Account"). You are solely responsible for keeping your Account information secure. Please do not share your Account information with anyone. By accepting these Terms and registering an Account, you agree to notify us immediately, if you have lost control of your Account information or you suspect there is unauthorized or suspicious activity in your Account, as detailed in the "Contact Us" section. However, you remain fully liable for any actions taken with respect to your Account, regardless of whether these actions were taken by you or an unauthorized third party that has gained access to your Account.

As the holder of your Account, you are solely responsible for complying with these Terms. You may not allow any other person to access your Account, or access the Service through your Account, and purchase, use or accept Subscription or Digital Items from your Account. You understand and acknowledge that your Account is strictly personal and may not be transferred to any other person or Account.

You agree to update any provided information or data or to provide additional items as part of ongoing efforts to prevent money laundering and illegal and fraudulent activities, and/or to comply with any other policies or protocols we elect to put in place. You agree that all information and data that you provide to us either at the time you register for an Account or at any subsequent time will be truthful, accurate and verifiable in all respects.

We reserve the right at any time to investigate your Account, including performing any checks, in order to ensure compliance with these Terms and our obligations and to ensure that no improper or illegal activity is or has taken place. In the event that we determine that your Account has been involved in any illegal, fraudulent or improper activity, we reserve the right to terminate immediately your Account without notice or liability.

4. License Grant

Subject to your continuing compliance with these Terms, Zhoosh grants you a worldwide conditional, limited, non-commercial (except as permitted by Zhoosh), non-exclusive, non-sublicensable, non-assignable, non-transferable, freely revocable license to install, access and use the Service on a device you own or control and in accordance with these Terms.

Our Service may incorporate software components owned by or licensed by third parties, which may include open-source software. In such cases, the terms of the respective open-source license or other third-party license will govern the use of these components, regardless of the terms outlined in these Terms. It is important to note that nothing in these Terms is designed to restrict any rights under or to grant rights conflicting with, the terms of any applicable open-source license or other third-party license pertaining to any such components.

5. Content Obligations

The Service may feature Content including pictures, photos, videos, texts, comments, chat messages, tags, links and other materials ("Content"), including Content created with or submitted to the Service by you or through your Account ("Your Content").
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To take advantage of features enabling you to upload or transmit Content through the Service or communicate with other users, you are required to adhere to the guidelines outlined in these Terms, the Privacy Policy and the Community Guidelines. We reserve the right (but not the obligation) to disable access, remove, edit or refuse to transmit any Content for the purpose of enforcing our terms, policies and guidelines, or for any other reason at Zhoosh`s sole discretion.

You bear full responsibility for Your Content and the outcomes of posting or publishing it. By sharing Content, you affirm and warrant that:

  • You are the creator or own or control all rights in and to the Content or otherwise have sufficient rights and authority to grant the rights granted herein;
  • Your Content does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; 
  • Your Content does not and will not defame any other person;
  • Your Content does not and will not contain any viruses, adware, spyware, worms, or other harmful or malicious code.

Any Content transmitted by you will be considered non-confidential and non-proprietary, and treated as such by Zhoosh, and may be used by Zhoosh in accordance with these Terms without notice to you and without any liability. You waive any rights to prior inspection or approval of any marketing or promotional materials related to any Content. You also waive any and all rights of privacy, publicity or any other rights of a similar nature in connection with Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Content you transmit or display through the Service.
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By uploading Content, you acknowledge and accept that Zhoosh will not be held liable for any unauthorized copying, use, or distribution of Content by third parties. You release Zhoosh from any claims arising from such unauthorized activities. our security measures are provided on an “as-is” basis, with no warranties or assurances that they will withstand attempts to circumvent them.

If you transmit or share your Content in the Service or otherwise share Content with or link Content to the Service, for example, through Reference Sites or other third-party applications, you represent and warrant that you have all rights necessary to expressly grant, to Zhoosh, its licensors and other Zhoosh partners a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, host, store, reproduce, modify, adapt, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, transmit, communicate to the public, make available, make derivative works of, and otherwise exploit and use, all such Content and without no limitation, any name, voice, image and/or likeness as contained in Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Zhoosh (and its successors’ and affiliates’) businesses, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. For clarity, the rights granted by you in this section to Zhoosh include the right to reproduce Your Content on a royalty-free basis and that Zhoosh will have no obligation to pay royalties to you or any third party involved in the creation of Content. Further, you understand that the license granted by you to Zhoosh hereunder will survive any termination of your use of the Service.

You acknowledge and agree that Zhoosh may collect, use and share information related to your use of the Service as described in the Privacy Policy including certain information contained in the devices to which you have downloaded the Service for purposes of its use.

6. Prohibited Content, Moderation, Complaints and Misuse

By using our Service, you acknowledge that we implement and utilize Content moderation mechanisms, both automated and manual. We explicitly prohibit Content falling within the following categories (“Prohibited Content”), as described in our Community Guidelines:

  • Illegal Activity: Content promoting or facilitating illegal activities, including violence, terrorism, drug use, or hate crimes.
  • Hate Speech: Content that attacks a person or group on the basis of race, ethnicity, religion, nationality, disability, sexual orientation, gender identity, or other protected characteristics.
  • Harassment and Bullying: Content that threatens violence against an individual or group or that is intended to intimidate, threaten, or abuse another person, including cyberbullying and doxing.
  • Child Sexual Abuse Content (CSAM): Content of any kind depicting the sexual abuse of a minor.
  • Violent threats: Content that threatens violence against an individual or group.
  • Intellectual Property Infringement: Content that violates intellectual property rights, such as unauthorized use of copyrighted material.
  • Misinformation and Disinformation: Content that spreads demonstrably false or misleading information, particularly regarding public health or safety.
  • Spam and Malicious Content: Content with unsolicited commercial messages, phishing attempts, or malware distribution.
  • Promotion of Self-Harm: Content that encourages or glorifies self-harm or suicide.

You acknowledge and agree that to utilize and enjoy our Service, including viewing Content or utilizing other features, such as enabling you to upload or transmit Content through the Service or communicate with other users or Expert Stylists, you must adhere to the guidelines outlined in these Terms and our Community Guidelines. If you are an Expert Stylist, you are also required to adhere to our Expert Stylist Agreement.

Zhoosh may, at its discretion, utilize automated, semi-automated tools, and human checks of Content. However, you acknowledge and agree that we may not be able to identify all Prohibited Content, and we make no warranties to you regarding any Content. We reserve the right, at our discretion and at any time, to remove, refuse to share, transmit, upload, display, or publish any Content or information provided by you or any Content for the purpose of enforcing these Terms or for any other reason deemed appropriate by us.

We encourage users to report any Content that violates these Terms or other terms, policies, or guidelines, using the designated reporting tools within our Service. 

If Zhoosh determines that you acted in violation of these Terms or other terms, policies, or guidelines, including by uploading or submitting Prohibited Content, Zhoosh may, at its sole discretion, apply restrictions on your use of the Service, depending on the frequency and severity of your violations, including removing the Content, implementing restrictions on the visibility of your Content or your Account, limiting your access to certain features or areas of the Service, temporary suspending or entirely terminating your Account.

The following section shall apply with respect to our users located in the EU.

‍We have implemented various measures to counter the presence of illegal and Prohibited Content on our Service to ensure compliance with European Regulation 2022/2065, known as the Digital Services Act (“DSA”).

We take our Content moderation obligations very seriously and we ensure at all times that our employees receive adequate guidelines and training on how to handle and respond to your notices and complaints. In this regard, we have implemented escalation processes to ensure that any notices or complaints are appropriately reviewed and, if necessary, escalated to the relevant department for further investigation and action. This escalation process aims to uphold the integrity of the Content moderation system and address any issues promptly and effectively. However, you accept that we do not guarantee the accuracy, completeness, or timeliness of our moderation efforts.

If Zhoosh determines that you acted in violation of these Terms or other terms, policies, or guidelines, including by uploading or submitting Prohibited Content, Zhoosh may, at its sole discretion, apply restrictions on your use of the Service, depending on the frequency and severity of your violations, including:

  • Removing the Content: We may remove the offending Content from the Service.
  • Restrictions: We may implement restrictions on the visibility of your Content or your Account, or limit your access to certain features or areas of the Service.
  • Account suspension or termination: Depending on the severity of the violation, we reserve the right to either suspend your Account for a temporary period or terminate it entirely.

Submitting Complaint Procedure: You acknowledge that we provide you with effective mechanisms to report any Prohibited Content (e.g., report button, through the customer service email, etc.) shared, transmitted, uploaded, displayed or published within our Service. You acknowledge that we will review all reported alleged illegal Content and, where applicable, take the necessary action, which may include, among others, removing the Prohibited Content, issuing a warning, or suspending/terminating the Account. If we accept your complaint and identify any Prohibited Content or any illegal Content, we will notify you of our actions via e-mail or your Account.

In case we have found that a user of the Service utilizes its account to disseminate manifestly illegal content, including Prohibited Content, we reserve the right to suspend their access to the Service for a reasonable period of time, as will be determined on a case-by-case-basis, taking into consideration relevant factors such as prior posts, the nature of the content, and other pertinent circumstances.

You acknowledge and agree that we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content or information on the Service. In this regard, by acknowledging this, you waive and release us from any liability associated with disclosing data to such law enforcement entities.

Complaint Handling Procedure: You acknowledge and agree that you may lodge a complaint against any of our decisions related to any action taken against you, your Account, or any Content or information that you attempted to or uploaded on the Service, or any notice you submitted for Content reporting or removal. 

In this regard, you understand that the deadline for submission of a complaint is six (6) months after notification of the respective decision has been communicated to you. 

You have the option to lodge a complaint via the email linked to your Account. You understand that your complaint must contain adequate information for us to conduct an investigation, including an explanation of why you believe your complaint is justified. Failure to provide sufficient details may result in the rejection of your complaint.

Please note that we will review all complaints in a non-discriminatory, non-arbitrary, diligent and timely manner. Note that your complaints will always be subject to human review. We may reverse the previous decision if the complaint sufficiently demonstrates that, inter alia the alleged Content or information did not in fact violate applicable law, third party rights or these Terms, or our prior decision was unjustified, disproportionate in any other manner.

Misuse and Abuse: By uploading any Content, submitting any report alleging illegal Content or complaining on the Service for Content moderation, you agree not to abuse such features or misuse our systems. We will promptly issue notification letters where legally required if we identify any abuse of our reporting mechanisms or misuse of our Service. You acknowledge and agree that any abuse or misuse of any mechanisms, systems or processes within our Service may result in appropriate action, including but not limited to the suspension or termination of your Account. The evaluation will take into Account factors such as the nature, frequency, context, and potential harm caused by the misuse or abuse. 

You recognize that misuse or abuse encompasses various behaviors, such as:

  • Repeatedly submitting unfounded notices or complaints regarding illegal or improper Content, including Prohibited Content, particularly over a specific timeframe or for the purpose of harassment, intimidation, or any other malicious intent and so regardless of the Content’s legality.
  • Intentionally circumventing geographic or other restrictions to access, distribute, share, or post Content.
  • Generating a substantial number of reports lacking sufficient or valid information compared to the total notices or complaints made within a set period.
  • Repeatedly infringing our Terms.

Before undertaking any necessary actions in response to misuse or abuse, we will evaluate each case individually. 

In case a user of the Service abuses the notice or complaint-handling mechanisms, we reserve the right to suspend their ability to utilize such mechanisms.

‍Out-of-court Dispute Resolutions Mechanisms: In case you reside in the EU, you have the right to choose an out-of-court dispute resolution body, that have been certified in accordance with the DSA, to assist in resolving disputes related to our decision on your uploaded content, notices or complaints that you submitted to us.

We may, however, decline our cooperation with your chosen Dispute Resolution Body if: (a) the dispute has already been resolved by court or another dispute resolution body; (b) you have contacted the dispute resolution body after six (6) months from our decision notification without previously using our complaint handling mechanism.

You acknowledge that per the DSA any decisions taken by such dispute settlement bodies shall not be binding on either you or us.

‍Point of Contact for matters related to the DSA: In accordance with the DSA, support@zhoosh.ai is the designated, single point of contact for communications with recipients of the Service offered herein, as well as for the European Union Member State authorities, the Commission, and the Board for the Digital Services. Please conduct all communication in English.

7. Intellectual Property Rights, Ownership, Respecting Copyright

All title, ownership and intellectual property rights in and to the Service, images, text, graphics, illustrations, trademarks, brands, service marks, trade dress, copyrights, photographs, audio, videos and music, logos, designs, and any part thereof, including derivative works, of Zhoosh and other companies providing services to Zhoosh, are the property of Zhoosh or their respective owners. As a user of the Service, you agree not to use, copy, reproduce, publish or borrow any of the aforementioned content or trademarked work without explicit permission from Zhoosh or the owner thereof. Except as explicitly provided herein, nothing in these Terms shall be deemed to grant you or any other party a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service.

Zhoosh diligently addresses notices of alleged copyright infringement in accordance with various legal frameworks, such as the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive, and relevant local laws in the EU and other jurisdictions. We maintain a Copyright Procedure that involves promptly disabling access or removing any infringing material from our Service and, when necessary, suspending or terminating the Accounts of users who repeatedly infringe copyrights or trademarks. If you believe that any Content on our Service violates your copyright or trademark, which you own or control, you can inform us by contacting: support@zhoosh.ai. Knowingly misrepresenting that any activity or material on our Service infringes intellectual property rights may result in liability to Zhoosh for costs and damages.

If we remove or disable access to Your Content in response to a copyright or trademark notice, we will notify you through email or your Account. If you believe that Your Content was mistakenly removed due to an error or misidentification in a copyright notice, you can submit a counter notification to support@zhoosh.ai.

You may choose to, or we may invite you to submit comments or feedback about the Service, including without limitation about how to improve the Service (“Feedback”). You understand that your Feedback is gratuitous and unsolicited, and will not place Zhoosh under any fiduciary or other obligation. By submitting any Feedback, you represent and warrant that:

  • You have the right to disclose the Feedback; 
  • The Feedback does not violate the rights of any other person or entity;
  • Your Feedback does not contain the confidential or proprietary information of any third party.

By sending us any Feedback, you further:

  • Agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; 
  • Acknowledge that we may have something similar to the Feedback already under consideration or in development;
  • Grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback;
  • Irrevocably waive, and cause to be waived, against Zhoosh any claims and assertions of any moral rights contained in such Feedback; 
  • Agree that this Feedback section will survive any deletion/termination of your Account or termination of the Service.

8. Use Restrictions And User Representations

You represent and warrant that you have full authorization to utilize the Service and consent to be bound by these Terms. You commit to adhering completely to all applicable laws, regulations, statutes, ordinances, and these Terms.

You undertake not to engage in fraudulent activities, or attempts thereof, against Zhoosh, other users or Expert Stylists, and you shall not act in bad faith in your use of the Service. If Zhoosh determines that you do act in bad faith or in violation of these Terms or our other terms, policies, or guidelines, Zhoosh may, at its sole discretion, terminate your Account and prohibit you from using the Service.

You further represent and agree that you shall not:

  • Create an Account, access, or use the Service if you are under thirteen (13) years old;
  • Create an Account, access, or use the Service without parent's or guardian's consent if you are under the Age of Consent in your jurisdiction;
  • Create an Account, access, or use the Service if you are located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, or if you are listed on any U.S. Government list of prohibited or restricted parties;
  • Upload, post, transmit, or otherwise distribute Content or information that conflicts with our Community Guidelines;
  • Use, upload, or transmit (or attempt to do so) files containing viruses, Trojan horses, worms, time bombs, cancelbots, RATs, keyboard loggers, spyware, adware, or any other malicious or invasive code or program, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the devices of other users;
  • Transmit spam, chain letters, materials related to any political campaigns, commercial solicitations, mass mailings, or any form of spam or other unsolicited texts or emails;
  • Infringe upon the contractual, personal, intellectual property, or other rights of any party by using, uploading, transmitting, distributing, or making available any information or material through the Service in a manner that infringes any copyright, trademark, patent, trade secret, or other right of any party;
  • Collect or harvest any personally identifiable information, including Account names, from the Service;
  • Create false personas,, set up an Account on behalf of someone other than yourself, use bots or other automated software programs to defraud or violate these Terms and/or the terms of any third-party applications or social networks through which the Service is accessed;
  • Attempt to obtain or reveal passwords or other private information from other users, including personally identifiable information, identification documents, financial information, or any information that may be used to track, contact, or impersonate another individual;
  • Use the Service to design, assist, develop, distribute, use, or publicly inform other users of "auto" software programs, "macro" software programs, "cheat utility" software programs or applications, hacks, mods, or any other unauthorized third-party software designed to allow the user to cheat or obtain an unintended advantage while using the Service or modify or interfere with the Service`s features and usage experience;
  • Exploit, distribute, or publicly inform other members of any errors, miscues, bugs, or technical malfunctions which give an unintended advantage;
  • Engage in any activity related to transferring, selling, or exchanging Gleams or Virtual Items outside the Service, attempting to sell, give or trade in the "real world" anything that appears or originates in the Virtual Items, or fraudulently obtaining or acquiring the Gleams or Virtual Items;
  • Intentionally or unintentionally use the Service in connection with any violation of applicable laws or regulations or encourage or promote illegal activities;
  • Interfere with others' ability to enjoy the Service, including making any automated use of the system or take any action that imposes an unreasonable or disproportionately large load on infrastructure;
  • Reverse engineer, decompile, disassemble, decipher, modify, or otherwise attempt to derive the object code or source code for any underlying software or other intellectual property used to provide the Service.
  • Create derivative works of the Service;
  • Access the Service or Content in order to build a similar or competitive product or service;
  • Use the Service in whole or in part for any purpose except as expressly provided herein;
  • Disable or circumvent any access control or related device, process or procedure established with respect to the Service;
  • License, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Service or its Content unless officially authorized by Zhoosh.

Any use of the Service in violation of these representations and use restrictions is strictly prohibited and may result in the immediate termination of your Account at Zhoosh`s sole discretion. Such violations may also subject you to criminal and financial liabilities under criminal and civil laws.

We reserve the right to disclose or report any money laundering or other illegal activity to law enforcement and regulatory authorities. Zhoosh reserves the right to seek damages and other remedies from you to the fullest extent permitted by law.

9. Third Parties, Third-Party Sites, Products and Services, Links

The Service may be incorporated into and may incorporate itself, software and other technology owned and controlled by third parties. Any such third-party software or technology that is incorporated into the Service falls under the scope of these Terms. Portions of the Service may include software that we license from third parties, which may include open source and related components (“Third Party Software”) and is subject to the terms imposed by third-party licensors. We do not make any warranty with respect to Third Party Software.

The Service may include links or references to third-party websites or applications offering products or services that are operated and maintained by other persons and/or that are not owned by Zhoosh (“Reference Sites“). These Terms do not apply to Reference Sites. Please be aware of when you visit or use any Reference Sites, and we encourage you to read these Terms and privacy policies of any Reference Sites that you visit or use.Zhoosh does not assume any responsibility for Reference Sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk. You expressly relieve Zhoosh from any and all liability arising from your use of any Reference Sites.

If you have downloaded the Service from Apple, Inc. ("Apple") App Store and using the Service on an iOS device, you acknowledge that you have read, understood, and agreed to the following notice regarding Apple. These Terms are between you and Zhoosh only, not with Apple, and Apple is not responsible for the Service and the Content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the Service to you, and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third-party relating to the Service or your possession and/or use of the Service, including: product liability claims, any claim that the Service fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe that third-party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and you are not listed on any U.S. Government list of prohibited or restricted parties.

10. Subscriptions, Gleams, Virtual Items, Promotions

10.1 Subscriptions

We may offer you the opportunity to purchase Subscriptions (“Subscription”) that provide access to certain benefits (“Benefits”) for a specific period of time, including content, products, services or features. You can view the list of Benefits at any time within the App. Subscriptions continue indefinitely. We charge you on-going fees (“Fee”) automatically on a regular basis until canceled. Tax rates or other fees may occur at the time of your monthly charge and can change over time.

Certain Benefits may change from time to time, as we introduce new offerings, develop our existing offerings and sometimes some offerings that aren't working out as planned. The Benefits may differ by country, language, version, device, or other. By accessing the Service you agree that your Subscription purchases are not contingent on the provision of any future functionality or features, or dependent on any oral or written public statements, and comments made by Zhoosh regarding such functionality or features.

Our Subscriptions include a trial period, where you can experience the Benefits for a specified period at no cost (“Trial”). Trials will automatically convert into ongoing paid Subscriptions at the end of the trial period. To avoid being charged, you must cancel your Subscription prior to the expiration of the trial period. Please review all applicable terms carefully before you sign up for Trial.

Zhoosh may from time to time make changes to Subscription, including recurring Fee or Benefits and will communicate any changes to you in advance. Changes will take effect at the start of the next Subscription period following the date of Fee and/or Benefits change and, by continuing to use the Subscription after the change takes effect, you will have accepted the new Fee and/or Benefits. If you don’t agree to the change in Fee and/or Benefits, you can reject the change by unsubscribing from the applicable Subscription prior to the Fee and/or Benefits change going into effect.

Your payment for Subscription will automatically renew at the end of the applicable Subscription period, unless you cancel your Subscription before the end of the then-current Subscription period. You must cancel your Subscription or Trial before it renews to avoid the billing of the Fee for the next Subscription period. To do so, you should contact Apple for information about billing, cancellation and refunds.

You acknowledge that you will not receive money or other compensation for the Subscription if you have already used content, products, services or features n the Subscription during the corresponding period, regardless of whether your Account is terminated or deleted, voluntarily or involuntarily, or if the Service is no longer available.

If we discover an error in the Fee of Subscription you have purchased, we will contact you. You will have the option of either reconfirming your order at the correct Fee or canceling it. If we are unable to contact you, your Subscription purchase will be automatically canceled.

10.2 Gleams, Virtual Items

In the Service, you may purchase, with "real-world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use a virtual currency ("Gleams"). The Gleams are exclusively intended for use within our Service to purchase Virtual Items (“Virtual Items”). By purchasing and giving Virtual Items, you can access certain content and interact with Expert Stylists. Your use of Gleams and Virtual Items must be solely for legitimate purposes within the Services and must consistently comply with these Terms and all applicable laws.

Purchases of Gleams and Virtual Items are final and non-refundable, except at Zhoosh's sole discretion.

Gleams purchases processed by Apple will be subject to the terms and conditions of the App Store. Zhoosh does not have control over the terms available on the App Store and shall not be held liable for payment processing by Apple. You can exercise your rights related to your purchase through Apple. Please refer to the App Store's terms and conditions for more information. 

Gleams and Virtual Items hold no real-world monetary value and cannot be redeemed or cashed out for "real-world" money, goods, or any other item of monetary value from Zhoosh or any other party. You understand that you have no right or title in the Gleams or Virtual Items appearing or originating in the Service, whether "awarded" or "purchased" from Zhoosh.

Once purchased, Gleams are automatically added to your Zhoosh Account Balance ("Account Balance"). When you use your Gleams to purchase a Virtual Item, the Gleams are deducted from your Account Balance, and the transaction is complete. This signifies that you have received the content associated with the Virtual Item or interaction with the Expert Stylist, whether immediate or delayed, and your purchase of Gleams cannot be refunded, undone, or withdrawn. At the same time, upon provision of content or interaction with the Expert Stylist associated with the Virtual Item, your purchased Virtual Item is given by you to the Expert Stylist, converted to Experience Points (“Experience Points”) and assigned to the Expert Stylist's Account Balance.

You are prohibited from transferring, selling, exchanging, or attempting to sell, give, or trade in the "real world" the Gleams, Virtual Items, or anything that appears or originates in the Virtual Items unless otherwise expressly authorized by Zhoosh in writing. We recognize such activities as illegitimate, and doing so is a violation of these Terms and will result in the termination of your Account, and/or seizure of all Gleams from your Account Balance, and/or seizure of all Virtual Items from your Account Balance, and/or legal action taken against you.

In addition, Zhoosh reserves the right to terminate your access to the Service and/or permanently seize any Gleams and/or Virtual Items from your Account Balance that are determined, at Zhoosh's sole discretion, to have been obtained through fraudulent or improper means. After such seizure, Zhoosh will notify you and allow for an opportunity to appeal via the Service. However, please note that Zhoosh's decision, made at its sole discretion, will be final.

In the event of repeated refunds for Gleams purchases, Zhoosh reserves the right to restrict your Account from making further purchases of Gleams and/or Virtual Items, either temporarily or permanently. Zhoosh may also terminate your Account at its sole discretion, with or without notice.

The Gleams have an expiration date ("Expiration Date") and can be used within the Service during 90 (ninety) days from the date of their purchase. You agree that Zhoosh retains the authority to remove the Gleams from your Account Balance if such Gleams were not used during 90 (ninety) days from the date of their purchase.

In addition, Zhoosh retains the right to manage, regulate, control, modify, or eliminate the Gleams and/or Virtual Items inside your Account Balance at any time and at its sole discretion. Zhoosh shall have no liability to you or anyone for the exercise of these rights on purchased Gleams and/or Virtual Items. In addition, Zhoosh may selectively remove or revoke the purchased Gleams and/or Virtual Items associated with your Account at any time and upon its sole discretion.

You acknowledge that you will not receive money or other compensation for unused Gleams:

  • When your Account is terminated or deleted, whether it was voluntary or involuntary;
  • If your Gleams were seized due to illegitimate activity or fraudulent/ improper way of receiving them;
  • If your Gleams were not used before the Expiration date and were removed from your Account Balance;
  • If you have purchased a Virtual Item with your Gleams;
  • If the Service is no longer available.

If we discover an error in the price of Gleams or Virtual Items, we will contact you. You will have the option of either reconfirming your order at the correct price or canceling it. If we are unable to contact you, your purchase will be automatically canceled.

Purchase and giving of some Virtual Items may result in income for Expert Stylists, and they are solely responsible for paying any taxes on their earnings. Completed transactions are confirmed upon receipt of payment, absence of a refund, and the provision of content by Expert Stylists, taking into account its compliance with the Expert Stylists' Guidelines. Zhoosh may cancel incomplete Virtual Item transactions at its sole discretion. Zhoosh facilitates the conversion of purchasing Virtual Items with Gleams and giving the Virtual Items to Expert Stylists, but does not act as their agent in procuring or providing them. Zhoosh retains no authority to contract on behalf of users or Expert Stylists regarding the giving of Virtual Items.

You acknowledge and agree that Zhoosh is not responsible for the quality, accuracy, completeness, timeliness, or any other aspect of the Expert Stylist's content in connection with the Virtual Items purchased and given by you to the Expert Stylist. Zhoosh does not endorse or guarantee the quality, accuracy, or reliability of any such content. You assume all risks associated with purchasing and giving the Virtual Items, including but not limited to any potential harm, loss, or damage that may result therefrom. Zhoosh shall not be liable for any damages, losses, or costs incurred as a result of the use of Virtual Items, including any dissatisfaction with the content from the Expert Stylist.

The ratio of real currency to Gleams and Virtual Items is determined by Zhoosh, and Zhoosh may modify this ratio at any time without notice. Your use of the Service constitutes acceptance of the current ratio of real currency to Gleams and Gleams to Virtual Items at the time of respective purchases. Zhoosh may update its terms of sale for Gleams and Virtual Items, and you agree to review these terms before making any purchases.

If your Account Balance regarding the Gleams or Virtual Items is inaccurate due to system maintenance or technical failures, Zhoosh will make commercially reasonable efforts to rectify the situation. Feel free to reach out to us regarding your Gleams or Virtual Items at support@zhoosh.ai.

10.3 Promotions

From time to time, we may offer limited-time promotions, contests, and special offers (“Promotion”). You may have the opportunity to purchase Subscription, Gleams or Virtual Items in the form of Promotion. Promotions may not be valid for all users and are only available for a limited time. Other restrictions may apply. After the promotion period ends, the Subscription automatically continues at the regular price (subject to change), unless canceled. The prices of additional Gleams and Virtual Items purchases also return to the regular prices (subject to change).

11. Availability and New Versions of the Service

Zhoosh may, with or without prior notice, stop providing the Service, any accompanying feature, product, service or functionality to you or to users generally, or create usage limits for the Service. Zhoosh, at its sole discretion, reserves the right to add additional features, products, services or functionalities, or to modify or provide programming fixes, updates and upgrades, to the Service with or without notice. Zhoosh has no obligation to make available to you any features, products, services or functionalities or any modifications, updates, support, maintenance or subsequent versions of the Service. You agree that we will not be responsible to you or anyone else for any changes, suspensions, or discontinuations of our Service. You may have to agree to a renewed version of some or all of the Terms in the event you want to download, install or use any additional features, products, services or functionalities or any modifications, updates or new versions of the Service. You acknowledge that Zhoosh may automatically issue any additional features, products, services or functionalities or modifications, updates or upgraded versions of the Service and, accordingly, may modify, update or upgrade the version of the Service that you are using or have installed on your Device. You hereby agree that your Device may automatically request and/or receive such modifications, upgrades or updates.

12. Storage and deletion of your Content

Storage space is inherently limited and as a result we are careful not to overload our servers. Accordingly, you acknowledge and agree that Zhoosh is not under any obligation to preserve, provide access to or return to you any Content and that Zhoosh shall have no responsibility for the modification, loss, deletion or destruction of any Content, including any stored Content. You further understand and agree that Zhoosh may remove certain Content from its storage systems periodically at its discretion without notice to you.

13. Termination

You may terminate your use of the Service at any time by uninstalling and deleting the Service from all of your devices. If you have a Subscription, you agree that you are solely responsible for directly terminating all future payment obligations you may have with Apple App Store. You may choose to delete your Account prior to deleting the Service from your device. Zhoosh will then delete all your Content and Account details. Zhoosh reserves the right to retain any of your data that is necessary for the purpose of meeting its legal obligations, for fraud prevention or record keeping purposes.

Zhoosh reserves the right at its sole discretion to restrict, suspend, terminate, modify, or delete Accounts or access to and use the Service and any features without any obligation to compensate you for any resulting losses. Without limiting any other remedies, Zhoosh may remove, block, suspend, at its sole discretion, any Content you share on the Service, as well as modify, limit, suspend, discontinue, or terminate any of the Terms, access, and/or your use of all or any part of the Service with immediate effect automatically, with or without notice and without recourse to the courts or other tribunals for any reason or for no reason, including without limitation if Zhoosh believes that you are:

  • In breach of any of the terms of any of the Terms;
  • Creating problems or legal and/or regulatory liabilities (actual or potential);
  • Delinquent with respect to any charges due to Subscription, Gleams or Virtual Items purchase;
  • Infringing a third party’s intellectual property rights;
  • Displaying, transmitting, or sharing any Prohibited Content;
  • Engaging in fraudulent, immoral, or illegal activities;
  • Illegally or improperly using your Account, or the Service or Zhoosh intellectual property;
  • Endangering Zhoosh user community.

You agree that Zhoosh is under no obligation to provide the Service, including without limitation any features, products, services, or functionalities accessible with Subscription and/or Gleams, and that neither Zhoosh nor any third party shall be liable to you or to any other party for any limitation, suspension, discontinuance, termination, or modification of the Service.

14. Indemnification

You agree to indemnify, defend and hold harmless Zhoosh, its licensors, its agents, its partners, and their respective affiliates, officers, directors, employees, contractors, and suppliers (collectively the “Zhoosh Parties”), from and against any and all claims, obligations, actions, losses, liability, damages and costs, including but not limited to reasonable attorneys’ fees, arising from your use of the Service or access to the Service, including, without limitation: incurred by such parties, in connection with or arising out of your violation of these Terms or any applicable law, rule or regulation, whether or not referenced herein, infringement of any third-party rights, misuse of the Service, your Content or other communication transmitted via the Service, any claims arising from user submissions or Content submitted via your Account, unauthorized access to the Service using your credentials, any taxes related to your purchase or use of Service (excluding Zhoosh income taxes), any other third-party claim related to your use of the Service.

Zhoosh reserves the right to assume exclusive defense and control of claims for which you are obligated to indemnify Zhoosh, and you agree to cooperate with Zhoosh defense efforts. Zhoosh will make reasonable efforts to notify you of any such claims.

15. Warranty Disclaimer

By accessing, using, or downloading the Service, you acknowledge and agree that your utilization of the Service, any available Service`s feature and inclusive of all Content, shall be solely at your own risk and is provided on an "as is" basis. Zhoosh Parties disclaim all warranties, conditions, or other terms of any kind, whether explicit or implied, in connection with the Service and your use thereof, including but not limited to implied warranties of merchantability, title, quiet enjoyment, fitness for a particular purpose, or non-infringement, as well as warranties regarding usefulness, authority, accuracy, completeness, and timeliness.

Zhoosh Parties make no warranties or representations that the Service provided by us or by any linked sites will be uninterrupted, up-to-date, complete or free of errors, viruses or other harmful components, and do not warrant that any of the foregoing will be corrected. Zhoosh Parties assumes no liability for:

  • Error, omission, deletion, defect, or any failure to perform, error, omission, interruption, deletion, defect or delay in operation;
  • Personal injury or property damage resulting from the Service access and usage;
  • Unauthorized access to your Account;
  • Interruption or cessation of transmission to or from the Service;
  • Transmission of harmful components by third parties, such as bugs, viruses, trojan horses, or similar;
  • Malfunctions in hardware, software, or program operations, or any other errors, failures, or delays arising from the Service access or usage;
  • Quality, accuracy, completeness, or validity of any information, data, any feature or component of the Service;
  • Suitability of the Service to meet your requirements, or the security of transmissions or data.

You understand and agree that the use of the Service is at your own discretion and risk and that you will be solely responsible for any damage and any losses that results from the Service or any of the related services, including any loss of data, loss of Gleams, loss of Virtual Items, or damage to your property (including your device). You understand and agree that any loss of any kind you incur while using the Service is solely your responsibility. Zhoosh disclaims any liability for any such losses. You expressly waive any claims or demands of any kind against Zhoosh for any losses incurred as a result of your use of the Service and any other related services and features.

By accessing or using the Service, you agree that Zhoosh is not responsible for any damage, loss, or injury resulting from unauthorized access or use, such as hacking or tampering. Unauthorized access attempts, interference with the Service procedures, or intentional damage to the Service may result in civil and/or criminal prosecution, immediate termination of participation, and forfeiture of any Gleams and Virtual Items. Any fraudulent activity, including automated or fraudulent methods of access, will lead to prosecution, participation termination, and Gleams and Virtual Items forfeiture.

16. Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall the Zhoosh Parties be liable to you or any third party for any special, direct, indirect, incidental, punitive, exemplary, or consequential damages, including lost profits, data, goodwill, legal fees, expert fees, substitute service costs, lost opportunities, or other expenses, arising from the Service reliance or usage, or Third-party conduct, including other user actions or external site operators.

You agree to release, discharge, defend, indemnify, and hold Zhoosh and its affiliates, subsidiaries, directors, officers, agents, contractors, partners, and employees harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney's fees, arising from:

  • Your use or misuse of the Service;
  • Violation of these Terms;
  • Breach of representations, warranties, and covenants;
  • Violation of third-party rights, including copyright, property, or privacy;
  • Claims of user submissions causing third-party damage;
  • User Content or Content shared on or through the Service.

However, in no event shall the aggregate liability of the Zhoosh Parties exceed the amount you paid to Zhoosh for anything purchased from Zhoosh during the six (6) month period immediately preceding any claim. The foregoing limitations will apply even if the above-stated remedy fails in its essential purpose. As some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you. In such an event the liability of the Zhoosh Parties will be limited to the maximum extent possible under applicable law.

You and Zhoosh agree that any cause of action arising out of or related to any of the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

17. Governing Law

Both you and Zhoosh agree that these Terms and any disputes arising out of or related to the use of our Service shall be exclusively governed by and construed in accordance with the laws of Poland. 

18. Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You agree that any claim or dispute at law or equity that has arisen or may arise between you and Zhoosh relating in any way to or arising out of these Terms or your use of or access to the Service will be resolved in accordance with the provisions set forth in this Section 18.

You and Zhoosh will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. That notice should contain proof of your relationship with Zhoosh, the nature and legal basis for your or Zhoosh’s dispute, and an individual monetary demand if you or we are seeking such relief. During this period, the parties shall use their best efforts to settle any dispute, claim or disagreement. Any applicable limitations period will be tolled during this 60-day informal dispute resolution period. Filing any claims before the end of this period and without engaging in this process could result in the award of fees in arbitration. If the dispute is not resolved within such time period, you agree that any and all disputes or claims that have arisen or may arise between you and Zhoosh relating in any way to or arising out of these Terms or your use of or access to the Service shall be resolved exclusively through final and binding arbitration.

Any dispute, claim or controversy arising out of or relating to any of the Terms, including this provision, or the formation, applicability, interpretation, breach, termination, validity or enforceability thereof, shall be determined by arbitration. The arbitration shall be conducted by one arbitrator and administered by either the Polish Arbitration Institute or the Polish Chamber of Commerce Arbitration Court in accordance with the Polish Arbitration Rules in effect at the time of the commencement of the arbitration except as they may be modified herein. The seat of the arbitration shall be in Warsaw, Poland, and it shall be conducted in the English language. You agree that the existence of the arbitration, any information provided in the arbitration, and any submissions, orders or awards ("Confidential Information") made in the arbitration shall be kept confidential and you agree not to consent to the publication of the Confidential Information.

Furthermore, you agree that neither you nor Zhoosh will join any claim with the claim of any other person or entity in arbitration; that no claim will be resolved on a class-wide basis; and that neither you nor Zhoosh will assert any claim in a representative capacity on behalf of anyone else. Notwithstanding the foregoing, you agree that Zhoosh shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You agree not to commence or prosecute any action against any Zhoosh Party other than by filing an arbitration complaint in accordance with this paragraph. By agreeing to be bound by the Terms, you are waiving any right you have to seek relief in a court of law and any right you have to a trial by jury. The parties further agree that, if and to the extent this agreement to arbitrate is held not to apply to any claim, that claim will be tried in a court of Poland jurisdiction before a judge sitting without a jury.

30-Day Right to Opt-Out: You reserve the right to opt-out and avoid being subject to the arbitration clause by sending written notice of your decision to opt-out to the email address specified in section 24 herein. The notice must be sent within 30 days of your first use of the Service, or the issuance of a materially changed clause, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of a new clause, the prior clause will continue to govern any disputes between you and Zhoosh. If you opt-out of arbitration, Zhoosh also will not be bound to arbitrate.

19. General

Notices. Zhoosh may provide you with notices, including those regarding changes to the Terms of Use, Community Guidelines, Privacy Policy and/ or Expert Stylist Agreement by email, via the Service or postings on our Website: https://www.zhoosh.ai/. Notice will be deemed given twenty-four (24) hours after the email is sent. Notice posted on the Website or via the Service is deemed given ten (10) days following the initial posting. Zhoosh reserves the right to determine the form and means of providing notifications to our users.

Amendments. Zhoosh reserves the right to amend any of the Terms at any time by publishing the revised Terms of Use, Community Guidelines, Privacy Policy and/ or Expert Stylist Agreement on our Website or by otherwise providing notice of such amendment pursuant to the notice provisions above. The revised Terms shall become effective following the applicable notice period, unless you expressly accept the revised Terms earlier by clicking on the accept button. Your express acceptance or continued use of the Service after the applicable notice period shall constitute your acceptance to be bound by the revised Terms.

Entire Agreement. The Terms (consisting of the Terms of Use, Community Guidelines, Privacy Policy and Expert Stylist Agreement) represent the complete agreement between you and Zhoosh and may only be amended as set forth under as expressly provided herein. If any provision of the Terms is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.

Survival. Any and all terms and conditions within these Terms that should, by their nature, survive deletion/termination of your Account, will survive such deletion/termination.

Assignment. You are not allowed to assign any of the Terms or any rights or obligations thereunder. Any attempted transfer or assignment in violation thereof shall be null and void. Zhoosh is allowed at its sole discretion to assign or transfer any of the Terms and any rights thereunder to any third party, without giving notice.

Waiver. The failure of any Zhoosh Party to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Zhoosh.

Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.

Injunctive Relief. You acknowledge that the obligations made hereunder to Zhoosh are of a unique and irreplaceable nature, the loss of which shall irreparably harm Zhoosh and which cannot be replaced by monetary damages alone so that Zhoosh shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.

Third-Party Beneficiaries and Agreements. If you downloaded the Service from the Apple App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary hereof. You agree to comply with, and your license to use the Service is conditioned upon your compliance with, all applicable third-party terms of the agreement, including those of Apple App Store, as may be applicable, when using the Service.

No Partnership, Agency or Joint Venture. The Terms do not create or imply any partnership, agency or joint venture.

Severability. If any of the provisions of the Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of any remaining provisions.

20. Contact Us

If you have any questions about the Terms of Use or the Service, please contact us via email at support@zhoosh.ai.

You may also send us a letter to:
Zhoosh Sp z o.o.
Adama Branickiego 21/U3
02-972 Warsaw
Poland

We will respond to inquiries within a reasonable timeframe. Feel free to reach out at any time.

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