Terms of Use
Introduction
Welcome to Hush, a digital platform operated by Woorfe SA, a company registered in Switzerland, with its registered address at Avenue du Casino 32, 1820 Montreux, Switzerland.
These terms of use (together with all appendices and exhibits hereto, which are hereby incorporated by reference, these "Terms," "Terms of Use," or this "Agreement") explain the terms and conditions by which you, as a user ("User(s)"), either personally or on behalf of an entity ("you" or "You"), may access and use HUSH (the "Platform") and related services provided by the Company (the "Services"). The Services encompass the application HUSH (the "APP"), the HUSH application (the "Application"), and any other websites, apps, interfaces, dashboards, or related tools accessible via the instahush.com domain, its subdomains, or any other channels (the "Interfaces").
These Terms of Use govern your access to and use of the Hush messaging application ('Hush'). By creating an account or using Hush, you agree to these Terms.
1. Eligibility
You must comply with applicable laws and be legally permitted to use the service in your jurisdiction.
2. Account Registration
Registration requires a valid mobile phone number. An OTP is sent to verify ownership. You are responsible for safeguarding access to your device and phone number.
3. Service Description
Hush provides chat messaging, audio calls, video calls, anonymous Hush Mode, and standard messaging mode.
4. Hush Mode
Users may anonymously send a Hush request. A randomly generated alias is assigned to protect identity. Anonymous conversations continue until both users voluntarily reveal their identities. Identity disclosure is never forced by Hush.
5. Contacts
The application checks your local contacts to determine whether contacts are already registered in Hush. Contacts who are not registered are not displayed as Hush members.
6. Acceptable Use
By accessing, using or interacting with the Services in any way, including by browsing or using any of the features available on the Platform, You represent that you have read, understand, acknowledge, and agree that You are entering into a binding legal agreement with us that includes these Terms and the Privacy Notice in their entirety. If you do not agree to be bound, you are not authorized to access, and should not use, any of the Services.
Users must not harass, impersonate others, distribute illegal content, spam, or violate the privacy or rights of others.
7. User Content
Your content or messages are private and confidential between you and the member(s) you are interacting with. You are not to transmit abusive or harassing language towards other members.
8. Privacy
Use of Hush is also governed by the accompanying Privacy Policy.
To exercise any of the rights listed above, users must send a formal written request to dataprivacy@instahush.com. All communications, status updates, and confirmations regarding user rights requests will be handled exclusively through email.
9. Suspension & Termination
In addition to any other rights of the parties set forth herein, either You or we may cancel or terminate your access to the Services.
We also reserve the right to restrict, suspend or terminate your access to the Services in whole or in part, including to suspend your Account, without notice, with respect to any breach or threatened breach of any portion of these Terms.
If we terminate your access to the Services based on a breach of any portion of these Terms, we reserve the right to refuse to provide use and/or access to any Services or features to You in the future and to restrict access to your Account for an unlimited period of time. You acknowledge that we shall not be liable to You or any third party for any damages from the termination of your access to the Services. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms.
10. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, IN RELATION TO THE SERVICES, THE PLATFORM, THE WEBSITE AND/OR THE APPLICATION.
IN ADDITION, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, ROBUSTNESS, SECURITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR THE PLATFORM, WEBSITE OR APPLICATION, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WHILE THE COMPANY CONDUCTS PERIODIC SECURITY AUDITS AND IMPLEMENTS SECURITY MEASURES TO PROTECT THE PLATFORM, NO SYSTEM CAN BE GUARANTEED TO BE COMPLETELY SECURE. THE COMPANY DISCLAIMS ANY WARRANTY THAT DIGITAL COLLECTIONS OR OTHER CONTENT WILL BE PROTECTED FROM UNAUTHORIZED ACCESS, COPYING, OR DOWNLOADING IN THE EVENT OF A SECURITY BREACH.
THE COMPANY DOES NOT GUARANTEE THE QUALITY, ROBUSTNESS, SECURITY, SUITABILITY, SAFETY OR ABILITY OF THE SERVICES CARRIED OUT FOR AND/OR ON BEHALF OF THE USER. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES OR THE PLATFORM AND PURCHASES OF CONTENT OR PRODUCTS/SERVICES PROMOTED ON AND CARRIED OUT THROUGH THE SERVICES ON THE PLATFORM REMAINS SOLELY WITH YOU.
YOU AGREE THAT NEITHER THE COMPANY NOR ITS AFFILIATES IS/ARE RESPONSIBLE FOR THE FITNESS, APPROPRIATENESS OF THE CONTENT POSTED ON THE PLATFORM, THE SALES OCCURRING ON THE PLATFORM, THE ADVERTISEMENTS AND ANY CONVERSATION OCCURRING BETWEEN USERS, OR CONDUCT OF ANY USER AND ANY THIRD-PARTY SERVICE PROVIDER, AS WELL AS FOR ANY SERVICE PROVIDED ON THE PLATFORM. NEITHER THE COMPANY NOR ITS AFFILIATES WILL BE LIABLE FOR ANY CLAIM, INJURY NOR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY USER OR THIRD-PARTY SERVICE PROVIDER.
YOU AGREE NOT TO HOLD THE COMPANY LIABLE FOR ANY LOSSES RESULTING FROM YOUR USE OF THE PLATFORM AND THE SERVICES.
ANY WARRANTY, CONDITION OR OTHER TERM ARISING OUT OF OR IN CONNECTION WITH THE SERVICES WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THESE TERMS BY STATUTE, COMMON LAW, LAWS APPLICABLE IN THE COUNTRY WHERE THE SERVICES ARE USED OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY IMPLIED TERM AS TO QUALITY, FITNESS FOR PURPOSE, REASONABLE CARE AND SKILL) IS HEREBY EXPRESSLY EXCLUDED.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USER(S), YOU AGREE TO RELEASE THE COMPANY (INCLUDING OUR AFFILIATES, AND EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) FROM ANY CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (INCLUDING WITHOUT LIMITATION ATTORNEYS', EXPERTS’, INTERNAL’ AND COURTS’ FEES AND EXPENSES), ARISING OUT OF OR IN ANY WAY CONNECTED TO SUCH DISPUTES.
THIRD-PARTY COMPONENTS DISCLAIMER
WITHOUT LIMITING THE FOREGOING, THE SERVICES MAY INCORPORATE, DEPEND ON, OR INTEGRATE WITH THIRD-PARTY SOFTWARE, OPEN-SOURCE LIBRARIES, SDKs, APIs, AND INFRASTRUCTURE PROVIDERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE QUALITY, SECURITY, NON-INFRINGEMENT, ACCURACY, OR CONTINUED AVAILABILITY OF SUCH THIRD-PARTY COMPONENTS OR SERVICES, ALL OF WHICH ARE PROVIDED "AS IS" AND "AS AVAILABLE
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND THE PLATFORM IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR ACCESS TO, USE OF, OR DOWNLOADING OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, SOFTWARE, ADVERTISEMENTS, OR ANY OTHER MATERIALS AVAILABLE THROUGH THE SERVICES AND THE PLATFORM. THIS DOES NOT APPLY IN THE EVENT OF GROSS NEGLIGENCE OR INTENT.
12. Security Incident & Breach Notification
THE COMPANY IMPLEMENTS REASONABLE SECURITY MEASURES AND PERIODIC SECURITY AUDITS TO PROTECT THE PLATFORM AND USER DATA; HOWEVER, NO SYSTEM CAN GUARANTEE ABSOLUTE SECURITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, COPYING, DOWNLOADING, OR DISTRIBUTION OF DIGITAL COLLECTIONS OR ANY OTHER USER CONTENT DUE TO A SECURITY BREACH OR CYBER-ATTACK. USERS ACKNOWLEDGE THAT THE PLATFORM MAY BE VULNERABLE TO UNFORESEEN EVENTS SUCH AS HACKING, MALWARE, OR OTHER MALICIOUS ACTS, AND THEY ASSUME THE RISK ASSOCIATED WITH STORING OR SELLING DIGITAL CONTENT ON THE PLATFORM.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS AFFILIATES, OR ANY PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM (I) YOUR INABILITY TO USE THE SERVICES OR PLATFORM; (II) THE LOSS, ALTERATION, OR CORRUPTION OF CONTENT; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, CONTENT, OR ADVERTISEMENTS; (IV) ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES; (V) UNEXPECTED DOWNTIME; OR (VI) ANY OTHER ISSUES RELATED TO THE SERVICES OR PLATFORM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF A SECURITY BREACH OR CYBER INCIDENT AFFECTING PERSONAL DATA, THE COMPANY WILL INVESTIGATE AND MANAGE THE INCIDENT IN ACCORDANCE WITH ITS BREACH RESPONSE PROCESS OUTLINED IN SECTION 5 OF THE PRIVACY POLICY. WHERE NOTIFICATION IS REQUIRED BY APPLICABLE LAW, OFFICIAL BREACH NOTIFICATIONS AND RELATED COMMUNICATIONS WILL BE DELIVERED TO AFFECTED USERS EXCLUSIVELY VIA EMAIL FROM DATAPRIVACY@INSTAHUSH.COM TO THE USER'S REGISTERED CONTACT EMAIL ADDRESS.
13. General Liability Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY IRREVOCABLY RELEASE THE COMPANY (INCLUDING ITS AFFILIATES, AND EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) FROM ANY CLAIMS OR DAMAGES (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF ANY KIND, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF YOUR USE OF, OR INTERACTION WITH, THE PLATFORM, THE SERVICES, OR ANY SECURITY BREACH RESULTING IN UNAUTHORIZED ACCESS TO, COPYING, OR DOWNLOADING OF DIGITAL COLLECTIONS, OR ANY MISLEADING INFORMATION. YOU ACKNOWLEDGE THAT THE COMPANY IMPLEMENTS REASONABLE SECURITY MEASURES BUT DOES NOT GUARANTEE THE ABSOLUTE SECURITY OF THE PLATFORM OR ANY CONTENT STORED THEREIN.
TO THE EXTENT PERMITTED BY LAW, THE COMPANY EXCLUDES: (I) ALL CONDITIONS, WARRANTIES, AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW, OR EQUITY; AND (II) ANY LIABILITY FOR DIRECT, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, PERSONAL DATA, BUSINESS, PROFITS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS), WHETHER ARISING FROM TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, INCURRED BY ANY USER OR THIRD PARTY IN CONNECTION WITH THE PLATFORM, THE SERVICES OR THESE TERMS.
14. Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations under these Terms or for any loss, damage, or inconvenience suffered by the User due to circumstances beyond the Company’s reasonable control. Such circumstances include but are not limited to acts of war or threat of war; riots, civil strife, or terrorist activity; industrial disputes, natural or nuclear disasters; fire, airport closures, bad weather conditions, or interruption or failure of utility services, including lack of electricity; acts of any local or national government, including the imposition of economic sanctions; cyber-terrorism, cyber-attacks, hacking, bugs; nuclear disaster or explosion; epidemics or pandemics impacting employees responsible for carrying out the operation of the Services; and instances where the ability to carry out the Services is materially and adversely affected, even though all reasonable precautions, due care, and alternative measures have been taken to mitigate such instances.
15. Service Interruption
The Company shall not be responsible for any interruption, unavailability, or downtime of the Services due to maintenance, repairs, updates, or any causes beyond its direct control. This includes any damages arising from such interruptions, to the maximum extent permitted by applicable law.
16. Third Party Contents and Links
The Company shall not be responsible for the actions, content, terms, policies, or performance of any third-party service providers or websites linked to or associated with the Platform. The inclusion of links does not imply endorsement, and the Company disclaims any liability related to third-party content, advertisements, or agreements.
17. Indemnification
You agree to defend, indemnify, and hold the Company and its affiliates harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees and costs, arising from or related to:
Your Content or your use of the Services;
Your breach or alleged breach of these Terms;
Your violation of any third-party rights, including intellectual property, privacy, or confidentiality rights;
Your violation of any applicable laws, regulations, or orders of governmental or regulatory authorities; and
Any misrepresentations made by you.
You agree to cooperate fully with us in defending any claims. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by You, and You will not settle any claim without our prior written consent. All costs of defense will be borne solely by You.
LIMITATION ON THIRD-PARTY INDEMNIFICATION
You acknowledge and agree that the Company does not receive, pass through, or offer third-party indemnification or warranties for third-party software, tools, open-source code, or services integrated into or supporting the Platform. To the maximum extent permitted by law, the Company shall have no obligation to defend, indemnify, or hold You harmless from any claims, losses, or liabilities resulting from the failure, breach, intellectual property infringement, or malfunction of any third-party tool, service, or component.
18. Territorial Restrictions
The information provided through the Service is not intended for distribution or use in any jurisdiction or country where such distribution or use would violate laws or regulations or would subject us to any registration requirements within that jurisdiction. We reserve the right, at our sole discretion, to restrict the availability of the Service, or any part of it, to any person, geographic area, or jurisdiction at any time, and to limit the quantities of any content, program, product, service, or other features we offer.
ADDITIONAL AND CLARIFYING PROVISIONS
19. Violations and Reporting
You may report suspected violations of these Terms, abusive conduct, unlawful content, impersonation, harassment, threats, fraud, or other misuse through the reporting channels made available by Hush. We may investigate reports and take action that we consider appropriate, including warning, removing or restricting access to content or features, suspending accounts, terminating accounts, or cooperating with competent authorities where required or permitted by law. We do not undertake to investigate every report or to take action in every case.
You must not knowingly submit false, misleading, malicious, or abusive reports. You acknowledge that Hush may preserve relevant information and disclose information where reasonably necessary to investigate abuse, protect users or the Platform, enforce these Terms, or comply with legal obligations.
20. Intellectual Property
The Platform, Services, Application, Interfaces, software, source code, object code, designs, graphics, logos, trademarks, service marks, text, compilations, databases, and other materials provided by or on behalf of the Company are owned by, licensed to, or otherwise controlled by the Company or its licensors and are protected by applicable intellectual property laws.
Except for the limited rights expressly granted in these Terms, no right, title, or interest in the Platform or Services is transferred to you. You may not copy, modify, reproduce, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, scrape, frame, mirror, or create derivative works of the Platform or Services, except to the extent such restriction is prohibited by applicable mandatory law.
21. User Content and Limited License
You retain ownership of content that you lawfully create, upload, transmit, or otherwise make available through Hush, subject to the rights of other persons and applicable law. You are solely responsible for your User Content and represent that you have all rights and permissions necessary to transmit it through the Services.
You grant the Company a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, process, and technically display your User Content solely as necessary to operate, maintain, secure, troubleshoot, and provide the Services, or as otherwise permitted by the Privacy Policy and applicable law. This license does not transfer ownership of your User Content to the Company.
The Company does not claim ownership of private messages merely because they are transmitted or stored through Hush. However, no statement that content is 'private' or 'confidential' should be understood as an absolute guarantee that content can never be accessed, disclosed, intercepted, retained, or compelled to be disclosed where required by law or as otherwise described in the Privacy Policy.
22. Hush Mode, Anonymity and Identity Disclosure
Hush Mode uses a randomly generated alias to reduce the visibility of your identity to another user. Hush Mode provides pseudonymity, not a guarantee of absolute anonymity. The Company cannot guarantee that another user will not identify you from information you voluntarily disclose, the content of your communications, voice or video characteristics, conduct, technical information, screenshots, recordings, external information, or other means.
The Company will not intentionally reveal your identity merely because another user requests it, except as permitted by the applicable Privacy Policy, required or authorized by law, necessary to protect the rights, safety, or security of users or the Company, or otherwise permitted under these Terms. The Company may be required to respond to valid legal process or requests from competent authorities.
You must not use Hush Mode to evade law enforcement, facilitate unlawful conduct, impersonate another person, deceive users for fraud, or conceal conduct that violates these Terms or applicable law.
23. Calls, Recordings and Communictions
Hush may provide audio and video calling and other communications features. You are responsible for complying with all laws applicable to recording, intercepting, monitoring, storing, or sharing communications in the jurisdictions of all participants. You must obtain any consent required by law before recording or otherwise capturing another person's communications.
The Company does not guarantee that calls or communications will be private, uninterrupted, secure, available, or free from interception or technical failure. The availability and technical operation of calling features may depend on your device, operating system, network, carrier, and third-party infrastructure.
24. User Safety, Moderation and Enforcement
You understand that people you communicate with may provide inaccurate information about themselves and that Hush does not independently verify the identity, age, intentions, qualifications, or conduct of every user. You are responsible for exercising appropriate judgment when communicating with others and for protecting your personal information.
Without assuming a general duty to monitor all communications, the Company may use automated tools, human review, user reports, or other measures to detect, investigate, prevent, or address fraud, abuse, security incidents, unlawful activity, violations of these Terms, or threats to users or the Platform, subject to applicable law and the Privacy Policy.
Hush is not an emergency communications service. Do not rely on Hush for emergency calls, crisis response, medical assistance, or other situations requiring immediate access to emergency services.
25. Prohibited Activities
In addition to the restrictions in Section 6, you must not: (a) use Hush for unlawful, fraudulent, threatening, abusive, defamatory, discriminatory, or deceptive purposes; (b) stalk, harass, intimidate, exploit, groom, or sexually exploit another person; (c) distribute malware, malicious code, spam, phishing messages, or unsolicited bulk communications; (d) attempt to gain unauthorized access to accounts, systems, networks, or data; (e) circumvent security, rate limits, access controls, or other technical restrictions; (f) use bots, crawlers, scraping tools, or automated means to access the Services except where expressly authorized; (g) impersonate another person or misrepresent an affiliation; (h) solicit passwords, authentication codes, financial information, or other sensitive information through deception; (i) use the Services to facilitate trafficking, terrorism, exploitation, or other serious unlawful activity; or (j) interfere with the operation or integrity of the Platform.
The Company may remove or restrict content, features, accounts, or access where it reasonably believes such action is necessary to enforce these Terms, protect users or the Platform, or comply with applicable law.
26. Account Security, Deletion and Retention
You are responsible for maintaining the confidentiality and security of your device, SIM/mobile number, authentication codes, and account credentials. You must promptly notify Hush if you believe your account has been compromised or used without authorization.
You may request deletion or closure of your account using the functionality or support channel made available by Hush. Account deletion may not result in immediate deletion of all information where retention is required or permitted by applicable law, necessary for security, fraud prevention, dispute resolution, legal claims, compliance, backups, or other legitimate purposes described in Section 26 of the Privacy Policy.
27. Privacy, Data Processing and Contact Access
The Privacy Policy forms part of these Terms and explains how the Company collects, uses, stores, discloses, and otherwise processes personal data. The Company will process personal data in accordance with applicable data-protection law, including the Swiss Federal Act on Data Protection (FADP) where applicable, and any other data-protection laws that apply to the Services.
Where Hush accesses your device contacts to determine whether contacts are registered, such access and processing will be handled as described in the Privacy Policy and subject to applicable permissions and law. You should not provide Hush with contact information that you are not authorized to make available.
Nothing in these Terms limits any mandatory rights you may have under applicable data-protection law. The Company may retain or disclose personal data where required or permitted by law, including in response to valid legal process or to protect users, the Company, or the public.
28. Third-Party Services and App Stores
The Services may rely on, incorporate, or integrate with third-party networks, telecommunications providers, cloud infrastructure, authentication services, app stores, operating systems, analytics providers, software libraries, SDKs, APIs, or other third-party software tools ("Third-Party Services and Components"). The Company is not responsible for the availability, performance, security, legality, intellectual property compliance, policies, or actions of any Third-Party Services and Components outside its direct, reasonable control.
You acknowledge that your use of or reliance on Third-Party Services and Components is at your own risk. The Company does not guarantee that Third-Party Services and Components are free from bugs, defects, security vulnerabilities, or third-party intellectual property claims, and expressly disclaims all liability and indemnification obligations relating thereto. If you download Hush through Apple, Google, or another app marketplace, you acknowledge that the marketplace provider is not responsible for the Services and that additional terms imposed by that provider may apply to your use of the Application.
29. Changes To The Services and These Terms
The Company may modify, suspend, discontinue, or replace all or part of the Services, features, interfaces, or functionality at any time, subject to applicable law. The Company may also amend these Terms from time to time. When changes are material, the Company will provide notice by an appropriate method, such as posting revised Terms in the Application or on the Platform, and may require renewed acceptance where legally required.
Your continued use of the Services after the effective date of revised Terms constitutes acceptance of the revised Terms to the extent permitted by law. If you do not agree to a material change, you should stop using the Services and, where available, close your account.
30. Fees, Mobile Charges and Taxes
Unless expressly stated otherwise, Hush does not guarantee that all Services will remain free. If fees, subscriptions, paid features, or other charges are introduced, the applicable pricing and payment terms will be disclosed before the relevant charge is incurred. You are responsible for your mobile carrier, internet access, roaming, data, SMS, and other third-party charges associated with your use of Hush, as well as taxes that you are legally responsible for paying.
31. Governing Law
These Terms and your relationship with the Company are governed by the substantive laws of Switzerland, without regard to conflict-of-laws rules, except to the extent that mandatory consumer-protection or other mandatory laws of your jurisdiction cannot lawfully be excluded.
32. Dispute Resolution and Jurisdiction
Before commencing formal proceedings, the parties should make reasonable efforts to resolve a dispute by contacting the Company and describing the issue in sufficient detail. Nothing in this section prevents either party from seeking urgent interim or protective relief where appropriate.
Subject to any mandatory jurisdictional rights applicable to consumers or other protected persons, the competent courts at the Company's registered office in Switzerland shall have jurisdiction over disputes arising out of or relating to these Terms or the Services.
33. Notices and Electronics Communications
You consent to receive notices relating to the Services electronically, including through the Application, email, SMS, or other contact details associated with your account, where permitted by law. Notices to the Company must be sent through the support or contact channel identified on the Platform or to the Company's registered address.
34. Severability
If any provision of these Terms is held to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permitted by law and the remaining provisions shall remain in full force and effect.
35. No Waiver
A failure or delay by the Company to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision or any other provision later.
36. Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms without the Company's prior written consent, except where prohibited by applicable law. The Company may assign or transfer these Terms in connection with a merger, reorganization, sale of assets, financing, or transfer of the business or Services, subject to applicable law.
37. Entire Agreement And Order Of Precedence
These Terms, together with the Privacy Policy and any other terms expressly incorporated by reference, constitute the entire agreement between you and the Company concerning your use of the Services and supersede prior agreements concerning the same subject matter. If a feature is governed by additional terms, those terms will apply to that feature to the extent of any conflict.
38. Survival
Provisions that by their nature should survive termination, including provisions concerning intellectual property, User Content, privacy and data retention, disclaimers, limitations of liability, indemnification, governing law, dispute resolution, and other accrued rights and obligations, shall survive termination or expiry of these Terms.
39. Age and Child Safety
You may use Hush only if you meet the minimum age required by applicable law in your jurisdiction and are legally capable of entering into these Terms. If Hush permits users under the age of 18 in a particular jurisdiction, any required parental or guardian consent must be obtained. Hush must not be used to exploit, groom, solicit, or otherwise harm minors.
40. No Professional Or Emergency Advise
Content and communications available through Hush are provided for general informational or social purposes only and do not constitute legal, medical, financial, psychological, security, or other professional advice. You should obtain appropriate professional assistance where necessary.
41. Company Contact Information
Hush is operated by Woorfe SA, Avenue du Casino 32, 1820 Montreux, Switzerland. Questions regarding these Terms, account matters, or legal notices may be submitted through the contact or support channels identified on the Platform. The Company may update its contact details by publishing an updated notice on the Platform.
42. User Acknowledgement
BY CREATING AN ACCOUNT OR USING HUSH, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, INCLUDING THE PROVISIONS CONCERNING HUSH MODE, USER CONTENT, PRIVACY, SECURITY, LIMITATIONS OF LIABILITY, INDEMNIFICATION, TERMINATION, AND DISPUTE RESOLUTION, AND THAT YOU AGREE TO BE BOUND BY THEM TO THE EXTENT PERMITTED BY APPLICABLE LAW.