1. Introduction
Welcome to Skyblue CL LLC (“iCrush,” “We,” “Us,” or “Our”). These Terms and Conditions of Service (the “Agreement”) govern your access to and use of the iCrush mobile software application, website, and all related online or mobile products and services offered by iCrush (collectively, the “iCrush Services” or “Services”). By downloading, installing, registering an account, or otherwise using any iCrush Services, You (“You, Your, including your legal name and pseudonyms, and your heirs) agree to be bound by this Agreement and Our Privacy Policy. If you disagree, you must immediately discontinue use of the Services. We reserve the right to update this Agreement from time to time. Notice of material changes will be provided through the Services or by email. Continued use after changes become effective constitutes your acceptance of the revised terms. This Agreement is intended to create a safe and lawful environment for users seeking to connect through the iCrush platform.
2. Acceptance of Terms
By accessing or using the Services, You represent that You have read, understood, and agree to be bound by this Agreement and that You will comply with all applicable U.S. laws and regulations. This Agreement contains a binding arbitration clause and waiver of class actions in Section 31.
3. Eligibility and Age Restrictions
No Use by Underage Persons. The iCrush Services are intended only for adults. No person under the age of eighteen (18) years (or the age of majority in their jurisdiction, if higher) may create an account or use the Services in any manner. By creating an account, You affirmatively represent and warrant that: - You are at least eighteen (18) years old (or the age of majority where You reside). - You have the legal capacity to enter into and perform the obligations of this Agreement. - You are not on any U.S. government list of restricted or prohibited parties. - You are not using the Services in a jurisdiction where such use is prohibited by law. iCrush reserves the right to verify Your age and identity at any time and to suspend or terminate accounts believed to be in violation of these requirements.
4. User Responsibility and Safety
You understand and agree that iCrush does not control the actions or representations of other users. You are solely responsible for Your interactions with other users both on and off the platform. iCrush makes no representations or warranties as to the conduct, identity, intentions, or legitimacy of any user. - iCrush does not currently conduct criminal background checks or identity verification on users but reserves the right to do so at any time using public records or third-party databases. - iCrush does not verify information provided by users, including age or personal details. - You acknowledge that the Services may display user-generated content that could be considered sensitive or explicit. You agree to use the Services at Your own risk. - You are responsible for deciding when and how to interact with other users and for taking appropriate precautions in person meetings. Important Location Disclaimer. The iCrush app uses location data to help connect users. You acknowledge that other users or third parties could infer Your precise location from distance information shown within the app. Disable location services if You prefer not to share Your approximate location. No Emergency Use. The iCrush Services are not a replacement for emergency services and should not be used as an emergency locator system or for navigation requiring fail-safe performance.
5. Your Account Registration and Security
To access certain features, You must create an iCrush account (“User Account”). You agree to: 1. Provide accurate and complete information when registering. 2. Maintain the confidentiality of Your password and login credentials. 3. Accept full responsibility for all activities occurring under Your account. You must promptly notify iCrush of any unauthorized use of Your account or any other security breach. Unless You report such activity within thirty (30) days after the occurrence, You waive any claims against iCrush arising from it. You are responsible for implementing precautions to protect Your device and data from viruses or malicious code. iCrush is not liable for damage to hardware or software caused by malware, unauthorized access, or technical malfunctions. iCrush is not a data storage service and has no obligation to retain Your User Content or account records after termination. You are encouraged to back up important information independently.
6. Privacy Policy
iCrush values Your privacy. Our policies regarding the collection, use, and sharing of personal data are outlined in Our Privacy Policy, incorporated herein by reference. By using the Services, You agree that We may collect and process Your data as described therein.
7. Privacy and Data Use
iCrush takes user privacy and data protection seriously. Our Privacy Policy explains how We collect, use, store, and share information about You when You use the iCrush Services. The Privacy Policy is incorporated by reference into this Agreement. By using the Services, You consent to Our collection and use of Your personal information as outlined therein. You acknowledge and agree that: - iCrush may store, process, and transfer Your information in and to the United States and other jurisdictions. - Data may be processed by third-party service providers acting on behalf of iCrush for hosting, analytics, moderation, or support. - Communications through the iCrush platform (including messages, images, or other content) may be monitored or reviewed for safety, legal compliance, or moderation purposes. - iCrush cannot guarantee that unauthorized third parties will never access Your personal information; You acknowledge and assume this risk. If You have questions about Our data practices, You may contact us at support@icrush.com.
8. Service Modifications and Availability
iCrush reserves the right, at its sole discretion, to modify, suspend, or discontinue the iCrush Services or any feature thereof at any time, for any reason, without liability to You. This includes, but is not limited to: - Updates to enhance security, improve functionality, or comply with law; - Temporary outages or planned maintenance; - Changes to subscription tiers, pricing, or premium features. If iCrush makes material changes to paid or Premium Services that materially reduce functionality, You may terminate Your subscription within ten (10) days of such modification and receive a pro-rata refund for any unused prepaid period. iCrush also reserves the right to charge for access to certain features, provided that any such changes will not retroactively affect existing paid terms that You have already purchased.
9. Ownership and Proprietary Rights
The iCrush Services, including but not limited to all software, visual interfaces, graphics, design, text, logos, compilation, computer code, and all other elements (collectively, the “Materials”), are the exclusive property of Skyblue CL LLC and its licensors. The Materials are protected by U.S. copyright, trademark, patent, and trade dress laws and all other applicable intellectual property and proprietary rights laws. You agree not to: - Copy, reproduce, modify, or distribute any part of the Services without prior written consent from iCrush; - Reverse-engineer, decompile, or attempt to derive source code from any part of the Services; - Use the Services to develop or train any artificial intelligence or machine learning models; - Remove, obscure, or alter any copyright, trademark, or proprietary notices. All trademarks, service marks, and trade names displayed within the iCrush Services are proprietary to Skyblue CL LLC or third-party licensors. Nothing in this Agreement grants You any rights to use such marks.
10. License Grant and Restrictions
Subject to Your compliance with this Agreement, iCrush grants You a limited, non-exclusive, non-transferable, revocable license to: 1. Install and use one copy of the iCrush mobile application on a device that You own or control, and 2. Access and use the Services for Your personal, non-commercial use only. You may not: - Rent, lease, sublicense, sell, or otherwise transfer the iCrush Services or any copy thereof; - Use the Services in a manner inconsistent with this Agreement; - Circumvent or disable security features of the Services; - Use automated systems, bots, or scripts to collect data or interact with the Services without express written permission from iCrush. This license terminates automatically if You violate this Agreement or cease using the Services.
11. Third-Party Services and Links
The iCrush Services may contain links to third-party websites or integrate third-party software, advertisements, or services (“Third-Party Services”). You acknowledge and agree that: - iCrush is not responsible for Third-Party Services or their content; - Accessing Third-Party Services is at Your own risk and subject to those third parties’ terms and privacy policies; - iCrush is not liable for any transactions or interactions between You and any third-party providers. Your use of the iCrush Services through Apple’s App Store or Google Play is also subject to their respective platform terms.
12. Updates and Upgrades
iCrush may issue updates, patches, or upgrades to improve functionality or security. You consent to the automatic installation of such updates, which may occur without prior notice. This Agreement applies to all updated versions of the Services unless replaced by a new version with updated terms.
13. Community Guidelines
iCrush is committed to maintaining a respectful, authentic, and inclusive environment. All users must adhere to the iCrush Community Guidelines, which form part of this Agreement. Violation of these Guidelines may result in removal of content, suspension, or termination of Your account. Key expectations include: - Be honest about Your identity and age. - Treat others with respect and dignity. - Do not engage in harassment, discrimination, or hate speech. - Do not share illegal, explicit, or offensive content. - Do not solicit or promote commercial services or external websites without iCrush’s written permission. Users are encouraged to report violations directly through the app or by contacting support@icrush.com. iCrush reserves the right to moderate, remove, or restrict any content or account that violates these Guidelines or this Agreement.
14. Prohibited Conduct
By using the iCrush Services, You agree not to: 1. Use the Services if You are under 18 years of age or otherwise ineligible. 2. Impersonate another person or misrepresent Your affiliation with any entity. 3. Stalk, harass, defame, threaten, or otherwise harm other users. 4. Collect or store personal information about other users without consent. 5. Upload, post, transmit, or share content that: - Is obscene, pornographic, violent, or discriminatory; - Infringes any copyright, trademark, trade secret, or other proprietary rights; - Contains viruses, malware, or other harmful code; - Promotes or incites illegal activity. 6. Use the Services for any commercial, political, or fundraising purpose without iCrush’s consent. 7. Interfere with or disrupt the integrity or performance of the Services or any connected networks. 8. Use bots, crawlers, or other automated systems to scrape data from the Services. 9. Access accounts, systems, or data not intended for You. 10. Violate any applicable federal, state, or local law or regulation. Violation of this section constitutes a material breach of this Agreement and may result in permanent suspension or referral to law enforcement.
15. Monitoring and Enforcement
iCrush reserves the right, but has no obligation, to monitor interactions and content within the Services. We may: - Remove, modify, or block any content that violates this Agreement; - Suspend or terminate accounts at Our discretion; - Cooperate with law enforcement where required by law or subpoena; and - Take appropriate action to protect users and the integrity of the platform.
16. Termination, Suspension, and Account Deactivation
You may terminate Your iCrush account at any time by following the in-app instructions or contacting support@icrush.com. Upon termination, this Agreement will immediately cease, except for provisions that, by their nature, are intended to survive termination (see Section 49). iCrush reserves the right to suspend or terminate Your account, access, or use of the Services—temporarily or permanently—at any time, with or without notice, if: - You violate any provision of this Agreement or the Community Guidelines; - iCrush reasonably believes Your actions create risk, legal exposure, or harm to the platform or other users; - Your account has been inactive for a prolonged period; or - iCrush discontinues the Services. Upon termination or suspension: - Your license to use the Services immediately ends; - iCrush may delete, disable, or anonymize any data or User Content associated with Your account; and - You remain responsible for any outstanding obligations or fees incurred before termination. If You purchased a Premium Service, iCrush will provide at least thirty (30) days’ notice before terminating access for reasons other than breach. Where required by U.S. law, iCrush will issue a pro-rata refund for unused prepaid periods.
17. User Content
The iCrush Services may allow You and other users to upload, post, or transmit photos, text, videos, audio, or other materials (“User Content”). You are solely responsible for Your User Content and the consequences of posting or publishing it. By submitting User Content to iCrush, You grant iCrush a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, host, store, adapt, distribute, publicly perform, and display such User Content in connection with operating, improving, and promoting the iCrush Services. You represent and warrant that: - You own or control all rights in Your User Content or have obtained necessary licenses and permissions; - Your User Content does not violate any third-party rights or applicable laws; - You have obtained consent from any identifiable person appearing in Your User Content. iCrush may remove, screen, or disable access to any User Content at its discretion. iCrush is not obligated to host or back up any User Content. You acknowledge that other users and third parties may access, copy, or share Your User Content once posted. iCrush has no responsibility for the actions of other users or third parties with respect to Your Content.
18. System-Generated Content and Artificial Intelligence
The iCrush Services may utilize automated systems and artificial-intelligence technologies to generate recommendations, suggestions, or communications (“System-Generated Content”), such as profile suggestions, conversation prompts, or safety notices. You acknowledge and agree that: - System-Generated Content is provided for convenience only and does not constitute advice or factual representation; - iCrush makes no warranty as to the accuracy or reliability of such content; - You remain solely responsible for Your own communications and decisions made using or in reliance on System-Generated Content. All System-Generated Content and related intellectual-property rights are owned exclusively by iCrush. You may not use, copy, or extract such content to create or improve any external artificial-intelligence or data-analysis system.
19. Feedback and Suggestions
If You provide feedback, ideas, or suggestions (“Feedback”) to iCrush regarding the Services, You hereby grant iCrush a perpetual, irrevocable, worldwide license to use and exploit such Feedback for any purpose without compensation or attribution. All Feedback is considered non-confidential. You agree not to submit Feedback that You consider proprietary or confidential.
20. Third-Party Sites, Advertising, and Integrations
The iCrush Services may contain links to, or integrations with, third-party websites, products, or services (“Third-Party Services”). Examples include embedded media, analytics partners, or advertising networks. You acknowledge and agree that: - iCrush does not control or endorse any Third-Party Services; - Accessing Third-Party Services is at Your own risk and subject to their separate terms and privacy policies; - iCrush is not responsible or liable for the availability, accuracy, or content of Third-Party Services; - Any dealings between You and third parties are solely between You and such third parties. Your correspondence or participation in promotions with advertisers found on or through the Services is solely between you and such advertisers. iCrush is not liable for any resulting loss or damage.
21. Advertising and Promotions
iCrush and its licensees may publicly display advertisements and promotional content in connection with the Services, including near or adjacent to Your User Content. You are not entitled to compensation for such advertising. The type, placement, and frequency of advertising may change without prior notice.
22. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ICRUSH SERVICES, INCLUDING ALL SOFTWARE, FEATURES, CONTENT, AND ANY OTHER MATERIALS MADE AVAILABLE THROUGH THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” ICRUSH, ITS AFFILIATES, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING: THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SERVICES; THE CONDUCT OR IDENTITY OF USERS OR THIRD PARTIES; THE RESULTS OBTAINED THROUGH THE SERVICES; OR THE AVAILABILITY, SECURITY, OR PERFORMANCE OF THE SERVICES. ICRUSH EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
23. Indemnification and Hold Harmless
To the fullest extent permitted by law, You agree to defend, indemnify, and hold harmless Skyblue CL LLC, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and successors from and against any and all claims, damages, and expenses (including reasonable attorneys’ fees) arising from or related to Your use of the Services, Your violation of this Agreement, Your User Content, or Your violation of any third-party rights.
24. Limitation of Liability
IN NO EVENT SHALL ICRUSH’S TOTAL LIABILITY EXCEED THE GREATER OF FIFTY U.S. DOLLARS (USD $50) OR THE AMOUNT PAID BY YOU TO ICRUSH DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. THE ABOVE LIMITATIONS APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
25. No Liability for Acts of Users
You acknowledge that iCrush does not and cannot control the actions, statements, or behavior of other users. iCrush disclaims all liability for any damages, injuries, or losses resulting from Your interactions or meetings with other users, whether online or offline.
26. Force Majeure
iCrush shall not be liable for any delay or failure in performance resulting from acts beyond its reasonable control, including acts of nature, government actions, labor disputes, cyberattacks, system failures, or interruptions of network services.
27. Benefit of the Bargain
You acknowledge and agree that iCrush has set its pricing and provided the Services in reliance upon the disclaimers, limitations, and exclusions of liability set forth in this Agreement. These provisions form an essential basis of the bargain between You and iCrush.
28. Agreement to Arbitrate
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. Except as otherwise provided, any dispute, claim, or controversy arising out of or relating to this Agreement or the Services shall be resolved exclusively and finally by binding arbitration under the Federal Arbitration Act (FAA) and administered by the American Arbitration Association® (AAA) in accordance with its Consumer Arbitration Rules. See more at: ADR.org
29. Informal Resolution Requirement
Before initiating arbitration, both You and iCrush agree to make good-faith efforts to resolve any Dispute informally by emailing support@icrush.com and allowing 45 days for resolution; deadlines are tolled during this period.
30. Arbitration Procedures
Arbitration shall be conducted by a single arbitrator under the AAA Consumer Arbitration Rules. Unless otherwise agreed, arbitration will be conducted virtually or in Los Angeles County, California. Each party shall bear its own attorneys’ fees unless otherwise required by law.
31. Class Action Waiver
YOU AND ICRUSH AGREE THAT ALL CLAIMS SHALL BE BROUGHT INDIVIDUALLY, NOT AS A CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS WITHOUT WRITTEN CONSENT OF ALL PARTIES.
32. Batch Arbitration
If 25 or more individual arbitration demands are filed with the AAA against iCrush by or with the assistance of the same counsel or entity, the AAA shall administer such arbitrations in batches of up to 100 cases per batch, with one arbitrator per batch and individualized awards for each case.
33. Opt-Out of Arbitration
You may opt out within thirty-one (31) days after first accepting this Agreement by emailing support@icrush.com with the required identifying information and a clear statement that You wish to opt out of arbitration.
34. Exceptions to Arbitration
Claims for injunctive or equitable relief based on intellectual property rights, claims eligible for small claims court, or claims for which arbitration is prohibited by law may be brought in court.
35. Governing Law for Arbitration
The arbitration agreement is governed by the Federal Arbitration Act. Where the FAA does not apply, California law governs. The arbitrator shall apply California substantive law and the Federal Rules of Evidence.
36. Judicial Forum for Non-Arbitrable Claims
Any non-arbitrable Dispute shall be resolved exclusively in the state or federal courts located in Los Angeles County, California, and both parties consent to jurisdiction and venue there.
37. Waiver of Jury Trial
YOU AND ICRUSH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY LITIGATION OR ARBITRATION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICES.
38. Statute of Limitations
Any claim must be filed within one (1) year after it accrues, or it is forever barred.
39. Severability
If any part of the arbitration section is found unenforceable, it shall be severed and the remainder enforced; if the class waiver is unenforceable, the arbitration agreement is void as to that dispute and the matter proceeds in court.
40. Digital Millennium Copyright Act (DMCA) Notice
Instructions for submitting a DMCA notice: include signature, identification of works and infringing material, contact info, good-faith statement, and perjury statement. Email: support@icrush.com. Repeat infringers may be terminated.
41. Apple App Store and Google Play Addendum
For Apple users: this Agreement is between You and iCrush, not Apple; Apple is not responsible for the app and has no support obligations; Apple may refund the purchase price if applicable; Apple is a third‑party beneficiary. For Google Play users: this Agreement is between You and iCrush only; Google provides no support; claims must be directed to iCrush.
42. U.S. Consumer Cancellation Rights
California: cancel within three (3) business days; New York: cancel within seventy‑two (72) hours. If purchased via Apple or Google, request refunds through those platforms. Upon valid cancellation, iCrush refunds unused services per applicable law.
43. Export Control
You agree not to export, re‑export, or transfer the Services or related technical data in violation of U.S. export laws, including the EAR.
44. Notices and Communications
You consent to receive electronic communications from iCrush. Legal notices to iCrush must be sent to support@icrush.com unless otherwise specified.
45. Entire Agreement
This Agreement, together with the iCrush Privacy Policy and any incorporated supplemental terms, constitutes the entire agreement between You and iCrush regarding the Services.
46. Assignment
You may not assign this Agreement without iCrush’s prior written consent; any attempt is void. iCrush may assign freely.
47. Waiver
No waiver by iCrush of any term shall be deemed a continuing waiver. Failure to enforce any provision is not a waiver.
48. Survival
Sections concerning IP ownership, disclaimers, indemnification, limitations of liability, dispute resolution, governing law, and other provisions that by their nature should survive termination will survive.
49. Governing Law and Venue
This Agreement is governed by California law. Any dispute not subject to arbitration shall be brought exclusively in the state or federal courts of Los Angeles County, California, United States of America.
50. Contact Information
For questions, contact: support@icrush.com.