PLUSH TERMS AND CONDITIONS

IMPORTANT: SECTION 8 CONTAINS A BINDING ARBITRATION CLAUSE THAT AFFECTS YOUR LEGAL RIGHTS UNDER THESE TERMS. COVERED DISPUTES MUST BE DECIDED THROUGH ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION HAS NO JUDGE OR JURY, AND REVIEW OF AN AWARD IS MORE LIMITED THAN REVIEW OF A COURT DECISION.
If you do not agree to these Terms, you must not use the Service.

1. SCOPE AND LEGAL AGREEMENT

1.1. These Terms set out the legal relationship between you and Destria Limited, with its registered office at THE LEVENTIS GALLERY TOWER, Floor 13, Flat 1301, 5 A.g. Leventis, Nicosia 1097, Cyprus, and/or its affiliates (“we”, “us”, “our”, or the “Company”), in connection with your use of the Plush mobile application, websites, and related services (the “Application” or “Service”), including the information, text, graphics, software, and other material made available through them (the “Content”).
1.2. These Terms form a legally binding agreement between you and the Company. PLEASE REVIEW THEM CAREFULLY BEFORE ACCESSING OR USING THE SERVICE.
1.3. You must agree to these Terms before creating a Plush account or accessing the Service. Even without an account, use of any part of the Service constitutes acceptance of these Terms. If you do not accept these Terms, do not create an account or use the Service.
1.4. Where applicable law permits, we may revise or update these Terms from time to time. Where required by law, we will notify you of material changes. Your continued use after an update takes effect constitutes acceptance of the revised Terms.

2. ELIGIBILITY TO USE PLUSH

2.1. You may use the Service only if you are at least eighteen (18), or the age of majority in your jurisdiction where that age is higher.
2.2. You may not use the Application where doing so is unlawful or where the Company does not make the Service available, including restricted jurisdictions such as Iran, Syria, North Korea, Sudan, Cuba, the Crimea region of Ukraine, or the so-called “DPR/LPR.”

3. ACCOUNT CREATION AND SECURITY

3.1. Creating an account may give you access to additional Application features. During registration, you may be asked to provide the personal information shown in the relevant prompts.
3.2. Each User may maintain one account only, and accounts may be registered solely by natural persons.
3.3. You must keep your login credentials confidential and remain responsible for activity carried out through your account.
3.4. We may verify account information and may restrict, suspend, or close an account if a User does not cooperate, supplies false information, or violates these Terms.
3.5. If you create an account, you represent and warrant to the Company that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Service does not violate any applicable law or regulation or these Terms.

4. ACCEPTABLE USE

4.1. The Application may be used only for lawful, personal, and non-commercial purposes.
4.2. Prohibited conduct includes distributing unlawful or harmful material, impersonating another person, harassing or bullying others, scraping or hacking the Service, introducing malware, participating in criminal conduct, or engaging in any form of child sexual exploitation, for which we apply zero tolerance.
4.3. A breach may result in immediate restriction, suspension, or termination of access.

5. OWNERSHIP AND LICENCE

5.1. All rights, title, and interest in the Application and Content remain exclusively with the Company or its licensors.
5.2. Provided you comply with these Terms, you receive a limited, personal, non-exclusive, and revocable licence to use the Application.
5.3. No provision of these Terms transfers ownership of the Application or Content to you.

6. CONTENT YOU PROVIDE

6.1. You confirm that you own, control, or otherwise possess all rights required for your User Content.
6.2. User Content must not be unlawful, infringing, obscene, exploitative, or contain sexualized material involving a minor.
6.3. When you submit User Content, you grant the following licences:
6.3.1. other Users a limited licence to view it for personal, non-commercial purposes;
6.3.2. the Company a worldwide, royalty-free licence to host, reproduce, display, and promote it.
6.4. We may review, moderate, or remove User Content at our discretion, but have no obligation to monitor all content.
6.5. You remain solely responsible for the User Content you provide and for your interactions with other Users.

7. PLUSH SAFETY AND COMMUNITY RULES

All Users must follow these rules to help maintain a safe Plush community. The stated zero-tolerance standards apply.
7.1. Prohibited Conduct. You may not impersonate another person, operate fake accounts, use images without authorization, publish personal data in profiles, add external links or advertising, harass, bully, discriminate, or engage in or promote unlawful activity.
7.2. Appropriate Presentation. Nudity, partial nudity, lingerie, and sexually suggestive content are not permitted. Swimsuits are permitted only in appropriate contexts such as beaches or pools.
7.3. Sexual Content and CSAM. Explicit sexual content is prohibited, including depictions of genitalia, sexual acts, sex toys, or sexual fluids. There is zero tolerance for child sexual exploitation, grooming, or sexualization, including fictional or animated depictions. Violations will be reported to law enforcement.
7.4. Harassment and Bullying. You must not threaten, blackmail, intimidate, disclose private information without consent, or post discriminatory or hateful comments.
7.5. Violence and Criminal Conduct. You must not post content promoting or depicting violence, abuse, animal cruelty, self-harm, terrorism, drug use, or weapons.
7.6. Enforcement. We may remove content, suspend or permanently terminate accounts, and report unlawful or serious violations to competent authorities.

8. INFORMAL RESOLUTION AND ARBITRATION

8.1. Initial Resolution. We encourage the prompt and amicable resolution of disputes. Before commencing arbitration, both parties must make a good-faith attempt to resolve any covered claim through informal discussions. To start that process, you must first contact us at [email protected].
8.2. Binding Arbitration. If the dispute has not been resolved within sixty (60) days, it will be finally determined by binding arbitration administered by the London Court of International Arbitration (“LCIA”) in accordance with its rules.
8.3. Class Action Waiver. Every arbitration must proceed individually; class, collective, and representative actions are expressly waived.

9. PURCHASES AND DIGITAL ITEMS

9.1. The Application may be available without charge while also offering optional in-app purchases for extra functionality, content, or digital items.
9.2. Purchases are handled exclusively by the Apple App Store or Google Play and are governed by the terms of the relevant store. We do not process payments directly.
9.3. Unless applicable law requires otherwise, purchases are final and are not refundable. Requests for refunds must be made directly through the Apple App Store or Google Play.
9.4. The Application may offer virtual credits or items (“Coins”) that Users can earn or buy. Coins have no cash value outside the Application and may not be redeemed for money, goods, or services. You receive only a limited, revocable, and non-transferable right to use Coins inside the Application.
9.5. We may regulate, change, suspend, or discontinue Coins and related features at any time, without liability except where the law provides otherwise.

10. USER-TO-USER INTERACTIONS

11.1. You assume responsibility for your communications and interactions with other Users.
11.2. To the extent permitted by law, we are not responsible for disputes, misrepresentations, or misconduct between Users.
11.3. Use appropriate caution before disclosing information or arranging an in-person meeting.

11. YOUR REPRESENTATIONS AND WARRANTIES

12.1. You confirm that you are at least eighteen (18), or the age of majority applicable in your jurisdiction.
12.2. You confirm that you have the legal capacity and authority to enter into this Agreement.
12.3. You confirm that you have not been convicted of a felony.
12.4. You confirm that you are not required to register as a sex offender.
12.5. You confirm that information you provide is accurate, current, and complete and agree to keep it updated.
12.6. You represent and warrant that your use of the Application complies with these Terms, applicable law, and App Store/Google Play policies.

12. WARRANTY DISCLAIMER

13.1. The Application is made available on an “as is” and “as available” basis.
13.2. To the fullest extent permitted by law, we disclaim express and implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
13.3. We do not promise that the Application will always be available, secure, uninterrupted, or free from errors.

13. LIMITS OF LIABILITY

14.1. To the fullest extent allowed by law, the Company is not liable for indirect, incidental, consequential, exemplary, or punitive damages.
14.2. Our total aggregate liability will not exceed the amount, if any, that you paid for use of the Application.
14.3. These Terms do not exclude liability for fraud, death or personal injury caused by negligence, or any other liability that applicable law does not allow us to exclude.

14. INDEMNIFICATION

15.1. You agree to indemnify, defend, and hold harmless Destria Limited, its affiliates, officers, directors, and employees against claims, damages, losses, liabilities, and expenses arising from your User Content, your use of the Application, or your breach of these Terms.

15. OTHER LEGAL TERMS

16.1. Assignment. We may assign or transfer our rights and obligations under these Terms. You may not do so without our prior written consent.
16.2. Severability. If a provision is found invalid or unenforceable, the remaining provisions continue in full force and effect.
16.3. Force Majeure. We are not responsible for a failure or delay resulting from circumstances beyond our reasonable control.
16.4. Updates. We may revise these Terms periodically. Continued use after revised Terms take effect constitutes acceptance.
16.5. Consumer Rights. Nothing here restricts any mandatory consumer rights available to you by law. EU residents may lodge complaints with local consumer protection authorities.
16.6. Governing Law. These Terms are governed by and interpreted under the laws of England and Wales (excluding its body of law governing conflicts of law), subject to Section 8 (Arbitration).