Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you and [LEGAL ENTITY NAME], a company registered in [EU MEMBER STATE] under company number [COMPANY NUMBER], with its registered office at [REGISTERED ADDRESS] (“Flushia”, “we”, “us”).

They apply when you create an account, when you use the Flushia applications for iOS or Android, and when you use flushia.com. By doing any of those things you accept these Terms. If you do not accept them, do not use the Service.

Our Privacy Policy explains what we do with personal data and forms part of this agreement.

You must be at least 18 years old to use Flushia. The Service publishes fiction written for adults, and it is not offered to anyone below that age under any circumstances.

When you create an account you confirm that you are 18 or over. We rely on that confirmation. If we find that it was untrue, we will close the account and delete the data associated with it.

You also confirm that you are legally able to enter into this agreement, that you are not barred from using the Service under the laws that apply to you, and that you are not subject to sanctions that would make it unlawful for us to provide it.

• ·Service — the Flushia mobile applications, the website at flushia.com, and everything we make available through them.
• ·Content — the audio stories, their text, narration, titles, descriptions, artwork and metadata.
• ·Subscription — a recurring paid plan that unlocks premium Content.
• ·App Store — Apple’s App Store or Google Play, whichever you used to install the Service.

You need an account to listen. You may create it with an email address and a password, or by signing in with Apple or Google.

• ·Give accurate information, and keep your email address current so we can reach you.
• ·Your account is personal to you. Do not share your password, and do not let anyone else use your account.
• ·You are responsible for what happens under your account. If you think someone else has access to it, change your password and tell us at once.
• ·One person, one account. Do not create an account on behalf of anyone else without their authority.

You may close your account at any time. When you do, we delete your personal data on the timetable set out in section 9 of the Privacy Policy. Closing your account does not by itself cancel a Subscription — see section 7 below, because that has to be done through the App Store.

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to stream and listen to the Content through the Service, for your own private, non-commercial enjoyment.

That is the whole of the licence. We are not selling you the Content and we are not giving you ownership of any part of it. Anything not expressly granted here is reserved.

You may not play the Content in public, broadcast it, use it in a commercial setting, or make it available to people who are not the account holder.

Flushia is a subscription service. There is no free tier: an active Subscription is required to listen, and Subscriptions are offered on a monthly or yearly basis.

All payments are processed by Apple or Google, not by us. When you subscribe, you are charged through your App Store account under that store’s payment terms. We never see or handle your payment details. Prices are displayed in your local currency inside the app before you confirm, and include any applicable taxes as calculated by the store.

Subscriptions renew automatically. Unless you cancel at least 24 hours before the end of the current period, your Subscription renews for another period of the same length and your account is charged at the price then in effect. This is how the App Store subscription mechanism works, and it applies to Flushia in the same way as to any other app.

Price changes. We may change the price of a Subscription. Any change applies from your next renewal, never retroactively, and we will tell you in advance by the means the App Store requires — which, for an increase, generally means your explicit agreement before the higher price can be charged. If you do not agree, cancel before the renewal date.

Free trials. If we offer a trial, its length and terms are shown at the point of sign-up. Unless you cancel before it ends, a trial converts into a paid Subscription automatically. One trial per person; we may refuse a trial to anyone who has had one before.

You cancel a Subscription through the App Store, not through us. On iOS, in Settings → your name → Subscriptions. On Android, in the Google Play app under Payments and subscriptions. We have no ability to cancel a Subscription on your behalf, and deleting the app does not cancel it.

When you cancel, you keep access until the end of the period you have already paid for. We do not provide pro-rata refunds for the unused part of a period except where the law requires it.

Refunds are handled by the App Store. Requests go to Apple or Google under their refund policies, and their decision is theirs to make. If you think something has gone wrong, contact us anyway at ushsfauif@mcaloil.h — we will help where we can.

EU and UK consumers: your withdrawal right. You normally have 14 days to withdraw from a distance contract without giving a reason. For digital content supplied immediately, that right is lost once supply has begun with your prior express consent and your acknowledgement that you thereby lose it — which is what you give when you start listening straight away. Nothing here removes any non-waivable statutory right you have as a consumer.

You agree not to do any of the following:

• ·Record, capture, rip, download, copy, redistribute, re-upload, sell, or publicly perform the Content, in whole or in part, anywhere, including on social platforms and file-sharing services.
• ·Circumvent, disable, or interfere with the signed playback links, the paywall, the account system, or any other technical measure that protects the Service.
• ·Share your account credentials, or use a single account across a group of people.
• ·Scrape, crawl, index, or systematically download any part of the Service, or use automated means to access it beyond ordinary use of the apps.
• ·Reverse engineer, decompile, or disassemble any part of the Service, except to the extent that applicable law expressly permits it despite this restriction.
• ·Use the Service to train, fine-tune, or evaluate a machine learning model, or to build a competing or derivative product.
• ·Probe or test the vulnerability of our systems, or attempt to gain unauthorised access to any account, server, or network — other than through a good-faith security report to flushia@flushia.com, which is always welcome.
• ·Use the Service unlawfully, or in a way that harms us, other users, or our providers.

The first two matter more than the rest. Every story on Flushia is paid for before it exists, and unauthorised copying is what makes services like this one unsustainable.

All Content, and the Service itself, is owned by us or by our licensors and is protected by copyright and other intellectual property laws. The Flushia name and logo are our trade marks.

How the narration is made. We want you to know this rather than wonder about it. Narration on Flushia is produced by professional voice recording, by licensed AI text-to-speech, or by a combination of the two. Where AI narration is used, it is generated from voices we are licensed to use for this purpose. We do not clone or imitate the voice of any real, identifiable person without that person’s written permission.

If you believe Content on Flushia infringes your rights, write to ushsfauif@mcaloil.h identifying the work, the material you object to, your contact details, and a statement that you are the rights holder or authorised to act for them. We will investigate and remove infringing material where the claim is made out.

Flushia publishes romantic short fiction. It is not, and will not be, sexually explicit material.

• ·All characters depicted are adults and entirely fictional. Any resemblance to a real person is coincidental.
• ·The Content is fiction written for entertainment. It is not advice of any kind — not medical, psychological, or relationship advice — and should not be relied on as such.
• ·The Content deals with mature themes. If that is not what you want, this is not the service for you, and you should not use it.
• ·We do not host user-generated content. Everything on Flushia is commissioned and reviewed by us before it is published.

The Service does not currently let you publish anything. If you send us feedback, a suggestion, or an idea, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use it without any obligation to you. We say this because good suggestions sometimes arrive by email and we would rather be able to act on them than have to refuse to read them.

Do not send us anything you consider confidential or that you are not free to share.

The Service depends on third parties — the App Stores, our subscription infrastructure provider, our hosting and storage providers. Their terms apply to their part of what happens, and we are not responsible for their acts or omissions.

Terms required by Apple. Where you obtained the Service from Apple’s App Store, the following applies and prevails over anything inconsistent in these Terms:

• ·This agreement is between you and Flushia only, not with Apple. Apple is not responsible for the Service or its content.
• ·Apple has no obligation to provide any maintenance or support for the Service.
• ·If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Service.
• ·Apple is not responsible for addressing any claim by you or a third party relating to the Service, including product liability claims, claims that the Service fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• ·Apple is not responsible for investigating, defending, settling or discharging any third-party claim that the Service infringes intellectual property rights.
• ·You represent that you are not located in a country subject to a US Government embargo or designated as terrorist-supporting, and that you are not on any US Government list of prohibited or restricted parties.
• ·Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.

Where you obtained the Service from Google Play, Google Play’s Terms of Service apply to that distribution, and this agreement remains between you and us.

We aim to keep the Service available, but we do not guarantee uninterrupted access. Maintenance, provider outages and events beyond our control will sometimes interrupt it.

The catalogue changes. Stories are added, and stories are sometimes removed — because a licence ends, because a rights issue arises, or because we decide the work no longer belongs on Flushia. We do not guarantee that any particular story will remain available, and this is why the licence in section 5 is access to a service rather than ownership of a file.

Changes to these Terms. We may update these Terms. If a change materially affects your rights, we will give you reasonable notice by email or in the app before it takes effect. If you do not accept the change, your remedy is to stop using the Service and cancel your Subscription; continuing to use it after the change takes effect means you accept it.

To the fullest extent permitted by law, the Service is provided “as is” and “as available”. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will meet your requirements, that it will be uninterrupted or error-free, or that defects will be corrected.

Nothing in this section limits any right you have as a consumer that cannot be limited by law. If you are a consumer in the EEA or the UK, you have statutory rights in relation to digital content that is not as described or not of satisfactory quality, and those rights are unaffected by anything here.

To the extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, nor for loss of profits, revenue, data, goodwill or anticipated savings, arising out of or in connection with the Service.

Our total aggregate liability arising out of or in connection with these Terms is limited to the greater of the amount you paid us in the twelve months before the event giving rise to the claim, or fifty euros.

What is never excluded. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited. If you are a consumer, these limits apply only so far as your national law permits, and your statutory rights come first.

If you use the Service in breach of these Terms and that causes a third-party claim against us, you agree to indemnify us against the reasonable losses, liabilities and legal costs arising from it.

This does not apply to consumers to any extent that national consumer law prohibits it, and it does not apply to claims caused by our own breach or negligence.

You may stop using the Service and delete your account at any time, for any reason.

We may suspend or terminate your access if you materially breach these Terms — in particular section 8 — if we are required to by law, or if continuing to provide the Service to you would expose us or other users to real risk. Except where the breach is serious or where the law prevents it, we will give you notice and, where the breach can be put right, a fair chance to put it right.

If we terminate your account without cause, we will refund the unused portion of any Subscription period you have already paid for, to the extent the App Store allows us to arrange it.

Sections 9, 11, and 14 to 19 survive termination.

These Terms are governed by the laws of [EU MEMBER STATE], excluding its conflict of law rules, and the courts of [EU MEMBER STATE] have jurisdiction.

If you are a consumer, this does not deprive you of the protection of the mandatory laws of the country where you live, and you may bring proceedings in the courts of that country. Consumers in the EU may also use the European Commission’s Online Dispute Resolution platform, and we can be reached for that purpose at ushsfauif@mcaloil.h.

Before starting formal proceedings, please write to us. Most disputes are resolved faster by email than by lawyers, and we would rather fix the problem.

• ·Severability. If any provision is held unenforceable, the rest remains in force and the unenforceable provision is limited to the minimum extent necessary.
• ·No waiver. If we do not enforce a right, that is not a waiver of it.
• ·Assignment. You may not transfer your rights under these Terms. We may transfer ours to a successor in connection with a merger, acquisition or sale of assets, on notice to you.
• ·Entire agreement. These Terms and the Privacy Policy are the whole agreement between us about the Service, and replace anything said before — except that nothing here excludes liability for fraudulent misrepresentation.
• ·Force majeure. Neither party is liable for a failure to perform caused by an event beyond its reasonable control.
• ·Language. These Terms are written in English, and the English text governs. Any translation is provided for convenience.

General help, legal and rights matters, and privacy and data protection all reach us at the same address: ushsfauif@mcaloil.h.

By post: [LEGAL ENTITY NAME], [REGISTERED ADDRESS].