You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using an external service (e.g., Apple ID, Google Play), you must cancel through that service, as detailed in Section 8a. Refunds for subscriptions purchased via Apple ID are handled by Apple, not Gush. You can request a refund from Apple through your Apple ID account on your device or at https://getsupport.apple.com. Other users may request refunds by contacting Gush Customer Support through our Help Center or by mailing a signed and dated notice stating your intent to cancel this agreement. Please include your name, email address, phone number, or any other unique identifier used during sign-up.
Notices should be sent to: Gush, Attn: Cancellations, 11 Belcrest Rd, West Hartford, CT, 06107, USA
For complaints in California, you may contact the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs in writing at: Consumer Information Division, 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
By accessing or using Gush's services, you agree to be bound by this Terms of Use Agreement (the “Terms” or “Agreement”), including our Privacy Policy , Cookie Policy, Community Guidelines, and Safety Tips. Please read this Agreement and these policies carefully before creating an account.
Important Notice About Dispute Resolution
Please review the dispute resolution provisions in Section 15 carefully. These govern how disputes between you and Gush will be resolved. This includes mandatory pre-arbitration dispute resolution, an arbitration agreement, small claims court election, class action waiver, and jury trial waiver. Arbitration typically involves less discovery and appellate review than court proceedings.
Gush may update these Terms periodically, so check this page regularly for updates. Your continued use of Gush’s services constitutes acceptance of any updated Terms.
Access and Use of Gush Services
By accessing or using our services through the Gush mobile application (the “App”), website, or any other platform we provide, you agree to these Terms. This Agreement applies to all users, regardless of whether they register or subscribe to our services.
Your access and use of Gush’s services are also governed by the Privacy Policy, Cookie Policy, Community Guidelines, Safety Tips, and any additional terms disclosed when you purchase features, products, or services (“Additional Terms Upon Purchase”). These policies are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our services.
Modifications to the Terms
Subject to applicable law, Gush reserves the right to modify these Terms at any time. Material changes will be posted with an updated effective date. We may notify you of changes via email or other means, but it remains your responsibility to check this page regularly. Your continued use of Gush services after any updates indicates your acceptance of the changes. If you do not agree to the changes, you must discontinue using Gush services immediately.
Material changes to the Limitation of Liability (Section 14) or Dispute Resolution (Section 15) require your explicit acceptance. Gush also reserves the right to alter subscription plan features or availability.
Before you create an account on Gush, ensure that you meet all eligibility criteria and understand your responsibilities. This section outlines what is required of you to use our Services, the rights you grant to Gush, and prohibited actions.
Eligibility Requirements
You are not authorized to create an account or use the Services unless all the following are true. By using our Services, you represent and warrant that:
1. You are an individual (not a corporation, partnership, or other business entity) who is at least 18 years old.
2. You are legally qualified to enter a binding contract with Gush.
3. You are not located in a country subject to a U.S. Government embargo or designated as supporting terrorism.
4. You are not listed on any U.S. Government list of prohibited individuals, such as the Specially Designated Nationals list.
5. You are not prohibited by law from using our Services.
6. You have not been convicted of or pled no contest to a felony, a sex crime, or a violent offense, unless you have received clemency for a non-violent crime and we have determined that you are not a threat to other users.
7. You are not required to register as a sex offender with any state, federal, or local registry.
8. You do not have more than one account on Gush.
9. You have not been previously removed from our Services or those of our affiliates unless explicitly permitted to create a new account.
If you no longer meet these requirements, your authorization to access our Services is automatically revoked. You must delete your account immediately, and Gush reserves the right to terminate your access without notice.
Your Responsibilities
By using Gush, you agree to:
10. Comply with these Terms and check for updates regularly.
11. Adhere to all applicable laws, including privacy, intellectual property, and anti-spam laws.
12. Use the most up-to-date version of the Gush app.
13. Review and follow our Safety Tips.
14. Adhere to our Community Guidelines, updated periodically.
15. Protect the security of your login information.
Prohibited Actions
You agree not to:
16. Misrepresent your identity, age, or affiliations.
17. Use the Services to harm, disrupt, or impair the experience of others.
18. Engage in any illegal, harmful, or abusive activities.
19. Harass, intimidate, defame, or otherwise harm other users.
20. Share Prohibited Content as defined below.
21. Solicit passwords, personal information, or money from other users.
22. Use another user’s account or allow others to access your account.
23. Upload malicious code or compromise the security of our platform.
24. Engage in fraudulent activities, including pyramid schemes or election-related manipulation.
25. Develop or use unauthorized third-party applications to interact with our Services.
26. Create a new account after we suspend or terminate your account without our explicit permission.
27. Share or upload content that is offensive, abusive, or discriminatory.
28. Use our Services for any commercial purposes without prior approval.
29. Engage in any activities that encourage illegal acts, self-harm, or violence.
30. Infringe upon the intellectual property rights of Gush or others.
31. Attempt to access or scrape our data through unauthorized means.
32. Use our platform to promote political campaigns, hate speech, or propaganda.
33. Post content that violates local, national, or international laws.
34. Share misleading, false, or defamatory content about Gush or other users.
35. Impersonate another person, company, or entity.
36. Attempt to bypass security measures implemented on the platform.
37. Use automated tools or bots to interact with our Services.
38. Post, distribute, or promote spam, advertisements, or unapproved solicitations.
39. Upload content that contains viruses, worms, or other malicious code.
40. Encourage others to violate these Terms of Use.
Prohibited Content
Gush prohibits uploading or sharing content that:
41. Harasses, abuses, or causes psychological distress to others.
42. Contains obscene, pornographic, or violent material.
43. Promotes racism, sexism, or any form of discrimination.
44. Encourages illegal activities, terrorism, or self-harm.
45. Is defamatory, untrue, or infringes on third-party rights.
46. Relates to commercial activities or solicitation.
47. Includes images or likenesses of individuals without consent.
48. Violates intellectual property or privacy rights.
49. Contradicts the intended use of our Services.
50. Contains explicit, suggestive, or exploitative content involving minors.
51. Promotes scams, phishing, or any fraudulent activities.
52. Is inconsistent with our Community Guidelines.
53. May harm the reputation of Gush or its users.
54. Encourages or glamorizes unsafe behaviors or challenges.
55. Attempts to manipulate or exploit other users for personal gain.
Violating these terms may result in suspension or termination of your account. By creating an account and using Gush, you agree to these Terms of Use. Failure to comply may lead to immediate action, including account termination and potential legal consequences.
It is crucial that you understand your rights and responsibilities regarding content on our Services, including any content you provide or post. You are strictly prohibited from posting inappropriate content.
While using our Services, you will interact with three types of content: (i) content that you upload or provide while using our Services, even if suggested by our Services ("Your Content"); (ii) content uploaded or provided by other users while using our Services ("Member Content"); and (iii) content provided by Gush on and through our Services ("Our Content"). For the purposes of this agreement, "content" includes, without limitation, all text, images, video, audio, or other material on our Services, including profile information and direct messages between users.
3a. YOUR CONTENT
You are solely responsible for Your Content. Avoid sharing anything you wouldn’t want others to see, anything that violates this Agreement, or anything that may expose you or us to legal liabilities.
By submitting Your Content, you agree to indemnify, defend, and hold us harmless from any claims arising from Your Content. You also represent and warrant that the information you provide, including details submitted through third-party integrations, is accurate and will be updated as necessary to remain accurate.
Content on your individual profile should be relevant to the purpose of our Services. You must not upload any Prohibited Content and must comply with our Community Guidelines. Personal contact details, banking information, or peer-to-peer payment information (e.g., names, home addresses, phone numbers, email addresses, URLs, credit/debit card details) must not be displayed. Sharing personal information with other users is at your own risk, and we encourage caution in doing so.
Your profile will be visible globally, so ensure you’re comfortable with what you share. By uploading Your Content, you grant Gush a license to use it as detailed in Section 7. Additionally, Your Content may be shared by other users despite these Terms, so exercise discretion in what you share.
We may provide tools to enhance self-expression through Your Content and Member Content. These tools may include AI-powered features to generate or modify content. While these enhancements remain Your Content, you are responsible for their accuracy and any outcomes resulting from their use.
You acknowledge that we may monitor Your Content and reserve the right to remove, edit, or restrict access to it at any time at our sole discretion. However, we are under no obligation to review or display Your Content.
3b. MEMBER CONTENT
While you may access Member Content, it does not belong to you, and you may not use it beyond the scope of these Terms. Member Content belongs to the user who posted it and is stored and displayed at their discretion.
Member Content may include inaccuracies, biases, or potentially harmful information. You are responsible for independently verifying Member Content’s accuracy. Users who create Member Content are responsible for its content and any consequences arising from its use.
You may only use Member Content in line with the purpose of our Services: fostering connections and communication. Unauthorized use, including for commercial purposes, spamming, harassment, or unlawful activities, is prohibited. Misuse of Member Content may result in account termination.
3c. OUR CONTENT
Gush owns or licenses all other content available on our Services. This includes text, graphics, trademarks, logos, sounds, images, and other intellectual property protected by copyright, trademark, and other applicable laws.
All rights, titles, and interests in and to Our Content remain exclusively with us. You are prohibited from copying, reproducing, or using Our Content without prior written consent, except as permitted under these Terms.
Gush is committed to fostering a positive and respectful community and does not tolerate inappropriate content or behavior on our platform. This includes any actions or content shared within or outside of the Gush app that compromise the safety, respect, or well-being of our users.
We encourage users to report any inappropriate content or misconduct. Reports can be submitted directly through the "Report User" option available in a user's profile or during messaging. Alternatively, you may contact our Customer Support team for assistance.
For the safety and security of all users, as outlined in our Privacy Policy, we may take necessary actions if you violate these Terms, including but not limited to:
We prioritize user safety and privacy; therefore, we may not disclose details about actions taken on your account if doing so could compromise the safety or privacy of others in the community.
Additionally, any content submitted by members is subject to applicable intellectual property laws, including Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act (DMCA). If you believe that any user-submitted content infringes your intellectual property rights, please refer to Section 12 (Digital Millennium Copyright Act) for instructions on how to file a complaint.
Privacy is at the core of what we do. We have a dedicated Privacy Policy that outlines how your information is handled.
To learn more about how Gush and its partners collect, use, and share your personal data, please review our Privacy Policy. By using our Services, you agree to the collection and use of your personal data in accordance with our Privacy Policy.
Gush grants you the right to access and enjoy our Services under the conditions outlined in these Terms.
As long as you comply with these Terms, Gush grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to use our Services in alignment with their intended purpose and as permitted by these Terms and applicable laws. This license and any access to the Services will automatically be revoked if you fail to adhere to these Terms.
You retain ownership of all content you provide to Gush ("Your Content"), but you grant us specific rights to use Your Content as outlined in this Agreement.
By creating an account, you grant Gush a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute, and otherwise make Your Content available to the general public. This includes any information you authorize us to access from third-party sources (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. Gush’s license to Your Content is non-exclusive, except when it comes to derivative works created using our Services. For instance, Gush would have an exclusive license to screenshots of our Services that include Your Content.
Additionally, to protect Your Content from unauthorized use outside of our Services, you authorize Gush to act on your behalf regarding any infringing uses of Your Content taken from our Services by other users or third parties. This includes the authority (but not the obligation) to issue notices under 17 U.S.C. § 512(c)(3) (e.g., DMCA Takedown Notices) if Your Content is used without authorization outside our Services. Gush is not obligated to take action regarding the use of Your Content by other users or third parties.
Gush’s license to Your Content is subject to your rights under applicable laws, including data protection laws to the extent Your Content contains personal information as defined by those laws.
In consideration of Gush allowing you to use our Services, you agree that we, our affiliates, and third-party partners may place advertising on the Services. By submitting suggestions or feedback regarding our Services, you agree that Gush may use and share such feedback for any purpose without compensating you.
You also agree that Gush may access, preserve, and disclose your account information, including Your Content, if required to do so by law or if we have a good faith belief that such access, preservation, or disclosure is reasonably necessary to:
You will have the opportunity to purchase products and services from Gush. If you purchase a subscription, it will automatically renew, and you will be charged, until you cancel.
Gush may offer products and services for purchase through platforms such as Apple’s App Store, Google Play, or other authorized external services (each referred to as an "External Service," and any purchases made through them as an "External Service Purchase"). Gush may also offer products and services for purchase directly via credit card or other payment processors within the app or on the website (referred to as "Internal Purchases").
If you purchase a subscription, it will automatically renew until you cancel, following the terms disclosed to you at the time of purchase, as further detailed below. If you cancel your subscription, you will retain access to your subscription benefits until the end of your subscription period, after which your subscription will expire.
Our services can be used without a subscription; canceling your subscription will not remove your profile from Gush. To terminate your account entirely, please refer to Section 9.
Gush operates a global platform, and pricing varies based on several factors. Promotional rates, which may depend on region, subscription length, bundle size, prior purchases, and account activity, are frequently offered. Additionally, new features and payment options may be tested periodically. If you do not cancel your subscription on time, it will renew at the full price indicated during your initial purchase, and your payment method will be charged automatically. To the extent permissible by law, Gush reserves the right to limit product availability, modify or discontinue any product or service, impose conditions on promotions, or refuse service to any user without prior notice.
8a. External Service Purchases and Subscriptions
External Service Purchases, including subscriptions, are managed through your External Service Account. Subscriptions renew automatically unless canceled.
When making a purchase through an External Service, such as your Apple ID or Google Play account, your account with that service will be charged based on the terms disclosed at the time of purchase and the general terms of your External Service Account. Certain External Services may also charge sales tax based on your location.
For subscriptions made via an External Service, charges will continue until you cancel. If your subscription includes a promotional discount, your price may increase after the initial subscription period as specified in the terms of the offer.
To cancel an External Service subscription, you must manage it directly through the External Service Account—even if your Gush account or app has been deleted. For example:
If you initiate a chargeback or reverse a payment made through an External Service Account, Gush may terminate your account immediately. Should the reversal be overturned, please contact Customer Care.
8b. Internal Purchases and Subscriptions
Internal Purchases are processed using the Payment Method you provide within the app or website. Subscriptions renew automatically until canceled.
By making an Internal Purchase, you agree to pay the prices displayed, along with applicable taxes, and authorize Gush to charge your payment method. Gush reserves the right to correct billing errors even after payment has been processed.
To cancel an Internal Purchase subscription, log in to the app or website, go to the Account section, and follow the cancellation instructions. Canceled subscriptions remain active until the end of the current subscription term and will not renew.
If payment is unsuccessful due to expiration, insufficient funds, or other reasons, you remain responsible for any outstanding amounts and authorize Gush to update payment information as provided by your financial institution.
8c. Virtual Items
Virtual Items are non-refundable and subject to specific conditions.
You may purchase a limited, personal, non-transferable, revocable license to access special features ("Virtual Items") within the app. Virtual Items, such as boosts or gifts, are not redeemable for real-world currency or transferable between accounts.
Gush may modify or discontinue Virtual Items at any time without liability. All purchases and redemptions of Virtual Items are final.
8d. Refunds
Refund policies vary based on location. Generally, all purchases are non-refundable except where applicable law provides otherwise.
For users in the EU, EEA, UK, and Switzerland, a full refund is available within 14 days of subscription initiation. For Korean users, refunds are available within 7 days of purchase for subscriptions or unused Virtual Items.
For users in certain U.S. states (e.g., California, New York, Wisconsin), refunds may be requested within three business days of subscription initiation. Refunds may also be available in cases of death or disability. Refunds for External Service Purchases must be requested directly from the relevant platform (e.g., Apple or Google).
For assistance with refunds, please contact Gush Customer Service with your order number and account details. Refund requests must comply with the terms outlined above.
If you decide to stop using Gush or if we terminate your account for any reason, here’s what you need to know:
You can delete your account at any time by logging into the Gush App, navigating to "Settings," selecting "Delete Account," and following the steps to complete the deletion process. Please note, any External Service Purchases (e.g., through iTunes or Google Play) must be managed or canceled directly via your External Service Account to avoid additional charges.
Gush reserves the right to investigate and, if necessary, suspend or terminate your account without a refund if we believe you have violated these Terms, misused our Services, or engaged in behavior that we deem inappropriate or unlawful, whether on or off the platform. We reserve the right to use any available means—personal, technological, legal, or otherwise—to enforce these Terms at any time, without liability and without prior notice, including restricting your access to the Services.
If your account is terminated by you or by Gush for any reason, these Terms will remain in effect and enforceable between you and Gush. No refunds will be issued for any purchases made. Your personal information will be handled and deleted in accordance with our Privacy Policy.
Gush does not perform criminal background or identity verification checks on its users. While Gush aims to foster a safe and respectful user experience, it is not responsible for the actions or behavior of any user on or off the Service. Please exercise your best judgment when engaging with others and review our Safety Tips for guidance.
YOU UNDERSTAND THAT GUSH DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS NOR INVESTIGATES THE BACKGROUND OF ITS USERS. GUSH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDUCT, IDENTITY, HEALTH, INTENTIONS, OR ACCURACY OF INFORMATION PROVIDED BY USERS. HOWEVER, GUSH RESERVES THE RIGHT TO CONDUCT CRIMINAL BACKGROUND CHECKS OR OTHER SCREENINGS (INCLUDING SEX OFFENDER REGISTRY SEARCHES) AT ANY TIME USING PUBLICLY AVAILABLE RECORDS, AND YOU AUTHORIZE GUSH TO DO SO IF DEEMED NECESSARY. IF SUCH SCREENINGS ARE CARRIED OUT USING A CONSUMER REPORTING AGENCY, YOU AUTHORIZE GUSH TO OBTAIN AND USE A CONSUMER REPORT TO DETERMINE YOUR ELIGIBILITY FOR THE SERVICE.
YOU ARE FULLY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. GUSH DOES NOT GUARANTEE YOUR SAFETY AND IS NOT A SUBSTITUTE FOR FOLLOWING SAFETY TIPS OR TAKING OTHER REASONABLE PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE, WHETHER ONLINE OR IN PERSON. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATED NOTIFICATIONS SENT BY GUSH, MAY ORIGINATE FROM USERS ENGAGING IN INAPPROPRIATE ACTIVITIES SUCH AS FRAUD, HARASSMENT, OR ABUSE.
Although Gush strives to promote a positive and respectful community, it is not liable for the behavior of users both on and off the platform. You agree to proceed cautiously in your interactions, especially if moving conversations off the Service or arranging in-person meetings.
Gush’s Services are provided "as is," and we do not make, and cannot make, any representations about the content, features, or reliability of our Services or Member Content.
GUSH PROVIDES ITS SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GUSH DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT PROVIDED THEREIN), INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GUSH DOES NOT WARRANT THAT:
(a) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
(b) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED; OR
(c) ANY CONTENT OR INFORMATION YOU OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, OR SUITABLE FOR YOUR PURPOSES.
FURTHERMORE, GUSH MAKES NO GUARANTEES REGARDING:
GUSH ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, RECEIVES, OR ACTS ON THROUGH OUR SERVICES. GUSH ALSO ASSUMES NO RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS YOU INTERACT WITH THROUGH THE PLATFORM.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. GUSH IS NOT LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, OR OTHER HARDWARE, SOFTWARE, OR TECHNOLOGY, INCLUDING BUT NOT LIMITED TO DAMAGE RESULTING FROM SECURITY BREACHES, VIRUSES, BUGS, TAMPERING, HACKING, FRAUD, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, OR ANY OTHER TECHNICAL MALFUNCTIONS.
At Gush, we take copyright infringement very seriously. We rely on our users to help us address such issues promptly and effectively.
Gush has adopted the following policy regarding copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA"). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (a "DMCA Takedown Notice") including the following:
Any DMCA Takedown Notices should be sent to us via email at privacy@gushdate.com. Alternatively, you may contact us by mail at the following address:
Copyright Compliance Department
Gush Legal Team
11 Belcrest Rd, West Hartford, CT, 06107, USA
Please note that Gush reserves the right to terminate accounts of repeat infringers.
You may encounter advertisements and promotions on our Services provided by third parties. Gush does not endorse and is not responsible for your interactions with these products or services.
Our Services may include advertisements, promotional offers, and links to websites or resources operated by third parties. Additionally, Gush may allow you to view advertisements in exchange for Virtual Items; however, we do not guarantee the availability or eligibility of such advertisements at all times.
We may also include non-commercial links or references to third-party content within our Services. Gush is not responsible for the availability, accuracy, or content of any external websites or resources. Furthermore, Gush does not endorse and is not liable for any products, services, or terms offered by third-party websites or resources.
If you choose to engage with third parties through our Services, your interaction will be governed by their terms and conditions. Gush assumes no responsibility or liability for these third parties' actions, terms, or services.
Gush's liability is limited to the fullest extent permitted by applicable law.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL GUSH, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFITS (DIRECT OR INDIRECT), LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM:
(i) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES;
(ii) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES IN CONNECTION WITH GUSH SERVICES; OR
(iii) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR CONTENT, EVEN IF GUSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF GUSH TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) $100 USD OR (B) THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO GUSH FOR THE SERVICES IN THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE YOU FILE A LAWSUIT, ARBITRATION, OR OTHER LEGAL ACTION AGAINST GUSH. THIS LIMITATION APPLIES (i) REGARDLESS OF THE BASIS OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) REGARDLESS OF THE TYPE OF BREACH OF RIGHTS OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, SERVICES, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY OUTLINED IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
PLEASE NOTE: SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES. IN SUCH CASES, SOME OR ALL OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
In the unlikely event of a legal dispute, this section outlines how Gush and its users agree to proceed, except where prohibited by applicable law.
15a. INFORMAL DISPUTE RESOLUTION PROCESS
If you are dissatisfied with our Services for any reason, we encourage you to contact Gush Customer Support first to allow us to resolve your concerns informally. This initial step is aimed at resolving disputes without external intervention. If you decide to pursue a claim against Gush, the following terms will apply. For purposes of this Dispute Resolution Process, "Gush" includes its affiliates, employees, licensors, and service providers.
A "Dispute" refers to any disagreement, claim, or controversy between you and Gush that arises from or relates in any way to this Agreement, the Service, or our relationship with you. This includes claims that arose before this Agreement and claims that arise after its termination. Before initiating arbitration or small claims court proceedings, you agree to send a detailed notice ("Notice") to Gush at the address provided in the "Contact Us" section of this Agreement.
Your Notice must include:
Gush will respond with its own Notice containing similar information if Gush has a Dispute with you. Both parties agree to negotiate in good faith to resolve the Dispute informally. If the Dispute is unresolved after 60 days of Notice receipt, either party may proceed with arbitration or small claims court, as applicable.
This informal resolution process is a condition precedent to initiating arbitration or small claims court action unless prohibited by law or for claims of sexual assault or harassment arising from the use of the Service.
15b. INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER
To the fullest extent allowable by law, both you and Gush waive the right to a jury trial and agree to resolve disputes through individual arbitration. You and Gush also waive the right to participate in or file a class action, collective, or representative lawsuit. If any part of this waiver is found unenforceable, the remainder of the arbitration agreement remains valid.
15c. DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT
Any unresolved Dispute after the informal process will be exclusively resolved through binding individual arbitration administered by an independent arbitration provider. Exceptions to this requirement include:
The arbitration provider’s rules will govern the proceedings, but this Agreement will take precedence where conflicts arise. Arbitration will occur in a location near your residence or remotely if agreed upon. Decisions made by the arbitrator are final and binding but apply only to the specific parties involved.
15d. CONFIDENTIALITY AND ARBITRATION AWARD
All communications and offers made during the informal dispute resolution or arbitration process are confidential and inadmissible in any subsequent proceedings. The arbitrator’s decision must include a written explanation of the outcome and the relief awarded, if any. Costs of arbitration will follow the rules of the arbitration provider, and Gush may consider covering fees for users demonstrating financial hardship.
15e. FUTURE CHANGES AND OPT-OUT OPTIONS
This Dispute Resolution Section applies to all disputes, including claims arising before your agreement to these Terms. However, you may opt out of the retroactive application of this section within 30 days of agreeing to these Terms by providing written notice to Gush via the contact information provided in this Agreement. Opting out will not affect your obligation to comply with any previously agreed dispute resolution terms.
15f. GOVERNING LAW AND VENUE
In the event that any part of this Dispute Resolution Section is deemed unenforceable, disputes may be resolved in the courts of the jurisdiction specified in Section 17 of this Agreement. By agreeing to these Terms, you consent to the jurisdiction of these courts for the purpose of resolving such disputes.
We value our relationship with you and are committed to resolving disputes in a fair and efficient manner.
The laws of Delaware, U.S.A., and the Federal Arbitration Act will govern any Dispute arising out of or related to this Agreement or Gush’s Services, except where prohibited by applicable laws.
In the event of a Dispute, Delaware law shall apply without regard to its conflict of law principles, and the Dispute Resolution process described in Section 15 will be governed by the Federal Arbitration Act.
To the fullest extent permitted by applicable law, any claims that are not subject to arbitration for any reason must be litigated in Toronto, Ontario, Canada (except for claims filed in small claims court, or for users residing in jurisdictions where this choice of venue is prohibited by law).
Except where prohibited by law, including for users residing in jurisdictions such as the EU, EEA, UK, or Switzerland, who may bring claims in their country of residence in accordance with applicable laws, and except for claims that are heard in small claims court as set forth in Section 15, any claims arising out of or relating to this Agreement, our Services, or your relationship with Gush that are not required to be arbitrated or filed in small claims court, will be litigated exclusively in the courts located in Toronto, Ontario, Canada. You and Gush consent to the personal jurisdiction of the courts in Toronto, Ontario, and waive any claim that such courts constitute an inconvenient forum.
You agree to indemnify Gush if a claim is made against Gush due to your actions.
To the extent permitted under applicable law, you agree to indemnify, defend, and hold harmless Gush, its affiliates, and their respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including reasonable attorney's fees, that arise from, relate to, or are connected with your access to or use of the Gush services, your content, your interactions with other users, or your breach of this Agreement. Note that some jurisdictions do not allow indemnification, so parts or all of this section may not apply to you.
By using the Gush Services, you acknowledge and accept the Terms outlined in this Agreement.
Your use of our Services—whether through a mobile device, our mobile application, or any other platform—constitutes your agreement to:
(i) these Terms, which may be updated periodically;
(ii) our Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips; and
(iii) any Additional Terms associated with purchases or specific features.
If you do not accept and agree to abide by all the terms set forth in this Agreement, you are not authorized to access or use Gush Services.
All pronouns and variations thereof used in this Agreement are intended to apply universally, regardless of gender, grammatical number, or other considerations, and refer to entities or persons as applicable.
This Agreement supersedes any previous agreements or representations.
These Terms, along with the Privacy Policy, Cookie Policy, Community Guidelines, Safety Tips, and any Additional Terms Upon Purchase, constitute the entire agreement between you and Gush regarding your use of our Services. These Terms replace all prior agreements, representations, and arrangements, whether written or oral. If any provision of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
The failure of Gush to exercise or enforce any right or provision of these Terms does not constitute a waiver of such rights or provisions. You agree that your Gush account is non-transferable, and all rights to your account and its content terminate upon your death, unless otherwise specified by law.
Any rights and licenses granted under these Terms may not be transferred or assigned by you but may be assigned by Gush without restriction. These Terms do not create any agency, partnership, joint venture, fiduciary, or other special relationship or employment, and you are not authorized to make representations on behalf of or bind Gush in any way.
Special terms apply for subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin.
For Subscribers Residing in New York:
For Subscribers Residing in North Carolina:
You can review the North Carolina Buyer’s Rights here.
For Subscribers Residing in Illinois, New York, North Carolina, and Ohio:
Gush operates widely across the United States. If you believe you have relocated to a region where Gush services are unavailable, you can contact us via written notice delivered to Gush Legal, 11 Belcrest Rd, West Hartford, CT, 06107, USA. We will work with you to provide alternative solutions or issue a refund as applicable.
For Subscribers Residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
Your Right to Cancel:
You may cancel your subscription without penalty or obligation at any time before midnight of the third business day following the date you subscribed.
Connect Beyond the Surface Discover Meaningful Relationships with Gush
Blind Dating, Real Conversations