Terms of Service

Welcome to Blushie (the "Company," "we," or "us"). These Terms of Service ("Terms") govern your use of our website or mobile applications, including any services and features provided by us (collectively referred to as the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use the Service.

1. Acceptance of Terms

By clicking on a button or checkbox indicating your acceptance, downloading, installing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accessing the Service on behalf of an organization (such as an employer or client), you represent and warrant that you have the authority to bind that organization to these Terms.

2. Changes to the Terms

We reserve the right to modify these Terms at any time without prior notice. Any changes will be posted on our website, blushie.io, with an updated effective date. Your continued use of the Service after any such changes constitutes your acceptance of the revised Terms.

3. User Accounts

a. Eligibility Our Service is available to anyone who is at least 13 years old. By using this Service, you represent that you are at least 13 years old. If we discover that a person under 13 has created an account, we will immediately terminate the account.

b. Account Creation To access certain features of the Service, you may need to create a user account by providing us with certain information, including but not limited to an email address and password. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We strongly encourage you to choose a strong and unique password that is not shared with any other account or online service and practice other healthy password security habits to help avoid unauthorized access to your account.

c. Account Responsibility You agree to provide accurate, complete, and up-to-date information when creating your account. You are responsible for any activity that occurs on or through your account, whether you authorized it or not. You must notify us immediately at [email protected] if you suspect any unauthorized use of your account.

4. Use of the Service

a. Permitted Uses You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to: Use the Service in a manner that violates any applicable laws, regulations, or third-party rights. Engage in fraudulent or unauthorized activities, including but not limited to phishing, spamming, or hacking. Upload, post, or distribute content that is harmful, offensive, defamatory, obscene, threatening, or infringing on the intellectual property rights of others. Attempt to access any part of the Service that you are not authorized to access. Use automated scripts, bots, or other means to access or use the Service for purposes other than those intended by us. b. Prohibited Uses You agree not to: Modify, adapt, decompile, disassemble, reverse engineer, or attempt to derive the source code of the Service. Remove any copyright, trademark, or other proprietary notices from the Service. Sell, lease, rent, distribute, or otherwise transfer the Service to any third party without our prior written consent. c. Platform Modifications We work hard to continuously improve our Service. This means that we may modify, update, or discontinue portions or all of our Service with or without notice and without liability to you or any third party. We reserve the right to introduce new features, change existing features, or remove features from the Service at any time.

5. Privacy

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to the practices described in the Privacy Policy.

6. Intellectual Property

a. Ownership The Service and all content provided through the Service, including but not limited to text, graphics, images, software, audio, video, and other materials, are the property of Zemplyy Inc. or its licensors and are protected by copyright and other intellectual property laws. b. User Content You retain ownership of any user-generated content (including photos, videos, notes) that you submit to the Service. By submitting such content, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, modify, display, distribute, and create derivative works of your content in connection with providing and promoting the Service.

7. Third-Party Services

The Service may integrate or be accessible through third-party services (e.g., social media platforms, real estate boards). We are not responsible for the practices or policies of these third parties. Your use of any third-party service is governed by that party's terms and conditions. a. Calendar Integrations We may allow you to connect your calendar app to schedule viewings and appointments. You agree to provide accurate and up-to-date information when integrating with such services. b. Real Estate Platform Integrations We integrate with third-party real estate platforms to provide property listings and other relevant information. Data shared with these platforms will be handled in accordance with their privacy policies.

8. Disclaimers

a. No Warranty THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

b. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZEMPLY INC. AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, EMPLOYEES, CONSULTANTS, AND PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ZEMPLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE OR INABILITY TO USE THE SERVICE, (B) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (C) ANY OTHER MATTER RELATING TO THE SERVICE.

c. Limitation of Liability Cap THE TOTAL LIABILITY OF ZEMPLY, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, EMPLOYEES, AND PARTNERS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICE (OR, IF WE CHOOSE, TO PROVIDE YOU THE SERVICE AGAIN).

9. Indemnification

You agree to indemnify, defend, and hold harmless Zemply Inc. and its affiliates, officers, agents, employees, and partners from any claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Service, violation of these Terms, or any breach by you of any warranties.

10. Dispute Resolution and Governing Law

a. Informal Resolution Before making any claim, you and Zemply agree to try to resolve any disputes through good faith discussions. You or Zemply may initiate this process by sending written notice describing the dispute and your proposed resolution. In the event that we cannot resolve the issue within 30 business days following receipt of the initial notice, you or Zemply may bring a claim in accordance with this section.

b. Governing Law These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law principles. Any legal action arising out of or related to these Terms must be brought in the courts located in Burnaby, British Columbia, Canada.

c. Class Action Waiver You agree to resolve disputes with Zemply on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You are expressly waiving any right to participate in class actions, private attorney general actions, and consolidation with other actions.

d. Time Limitation Any claim must be commenced within one year after the date the party asserting the claim first knows or should know of the act, omission, or default giving rise to the claim. Any claim not filed within this period is permanently barred.

11. Entire Agreement

These Terms constitute the entire agreement between you and Zemply Inc. regarding your use of the Service and supersede all prior agreements, understandings, representations, and warranties, whether written or oral, concerning the subject matter hereof. If this agreement is translated into any language other than English and there is a discrepancy between the English version and the translated version, the English version shall prevail.

12. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will continue in full force and effect.

13. Contact Information

If you have any questions, concerns, or requests regarding these Terms or our services, please contact us at: Email: [email protected]

14. Account Modification, Suspension, and Termination

We may modify, suspend, or terminate your account or access to the Service if, in our sole discretion, we determine that you have violated these Terms, that it is in the best interest of Zemply's community, or to protect our brand or Service. When this happens, we may notify you of the reasons for the modification, suspension, or termination. Please email us at [email protected] if you believe the modification, suspension, or termination has occurred in error.

If we terminate your account or access to our Service, these Terms terminate with respect to the user account that has been terminated, provided that the following provisions will survive such termination: Sections 6 (Intellectual Property), 8 (Disclaimers), 9 (Indemnification), 10 (Governing Law), and any other provisions necessary to give effect to these provisions.

15. App Store Terms

a. Acknowledgement: You acknowledge that these Terms are between you and Zemply Inc. only, and not with Apple Inc. ("Apple"). Zemply Inc., not Apple, is solely responsible for the App and its content.

b. Scope of License: The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

c. Maintenance and Support: Zemply Inc. is solely responsible for providing any maintenance and support services with respect to the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

d. Warranty: In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Zemply Inc.'s sole responsibility.

e. Product Claims: You acknowledge that Zemply Inc., not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

f. Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Zemply Inc., not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

g. Legal Compliance: You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

h. Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the App.

i. Third Party Beneficiary: You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions 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 thereof.

j. Subscription and Payment Terms: If you choose to purchase a subscription or any premium features within our application, payment will be charged to your selected payment method at confirmation of purchase. Unless you disable auto-renew at least 24 hours before the end of the current period, your subscription will automatically renew and your payment method will be charged for renewal at the then-current subscription price. You can manage your subscriptions and turn off auto-renewal in your app store account settings. All purchases are final and non-refundable, except as required by applicable law.

Effective Date: Apr 18, 2025

By using our website and mobile apps and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Thank you for choosing Zemply Inc. These Terms of Service do not constitute legal advice. If you have specific legal questions or concerns, please consult with a licensed attorney.