Introduction

These Terms of Use ("Terms") govern your access to and use of FreshTea, including our mobile applications and websites (the "App"). By accessing or using the App you agree to these Terms. If you do not agree, do not use the App.

Verification & Gender Eligibility

Community Intent: The Services are tailored for adult women. To reduce impersonation or bad‑faith participation we may require or request a verification submission (for example: a short video clip, spoken phrase, selfie, government ID image, or other evidence) solely for internal review to assess eligibility and safety risk. Submissions used for verification ("Verification Data") are not intended for display to other users and are processed under the Privacy Policy. We may use third‑party vendors to assist (subject to contractual safeguards) and may extract derived signals (e.g., confidence scores, fraud indicators) that we retain after raw media is deleted or minimized.

No Guarantee: Verification reduces but does not eliminate the risk that a user misrepresents themselves. We do not warrant that every account claiming to meet eligibility truly does. You assume the risk of interactions even after platform verification markers are shown or implied.

Retention & Access: Raw Verification Data may be stored for a limited evaluation window, then deleted, transformed, or redacted except where required for legal, security, fraud prevention, or appeals purposes. Access is restricted to authorized staff or vetted service providers with a need‑to‑know. Attempting to obtain another user's Verification Data is strictly prohibited.

Failure / Refusal: We may deny, suspend, or limit access if verification requirements are not satisfied, appear manipulated, or raise safety concerns. Repeated or deceptive submissions may trigger permanent bans.

Definitions

"User Content" means any content that you submit, post, or display via the App, including text, images, audio, and video. "Services" means the features and functionality provided through the App.

Eligibility

You must be at least 18 years old to use the App. By registering or using the App you represent and warrant that you meet the eligibility requirements and have the legal capacity to enter into these Terms.

Age Verification & Misrepresentation: We may implement age or identity verification measures. You agree not to misrepresent your age or identity. Accounts discovered to be controlled by or for a person under 18 may be suspended or removed and associated data deleted subject to legal retention requirements. If you are the parent or guardian of a minor who has misrepresented their age and gained access, contact support@freshtea.app for removal. We do not knowingly permit persons under digital age-of-consent thresholds in applicable jurisdictions to use the Services without required consents; where such consent is not collectable under our model, access is prohibited.

No 13–17 Access: For clarity, we do not offer the Services to individuals ages 13–17 even with purported parental consent because the platform is designed strictly for adults. If you are between 13 and 17 you must not use the Services. We may irreversibly hash and retain minimal identifiers to prevent re‑registration attempts by underage users.

Account Registration; Guest Access

You may register for an account to access certain features. Guest access may be available with limited functionality. You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your credentials. You may not share your account credentials or allow others to use your account.

We may suspend or terminate accounts that we suspect are compromised or used in violation of these Terms.

Security: You are solely responsible for implementing reasonable security (unique passwords, device lock). We recommend enabling any multi‑factor authentication options we provide and may require it for certain actions. Automated or bot sign‑ups without our documented API/token flow are prohibited. You must promptly notify us of unauthorized access or suspected breach.

User Content; License to FreshTea

You retain all ownership rights in your User Content. By submitting User Content you grant FreshTea and its affiliates a worldwide, non-exclusive, transferable, sublicensable, irrevocable, royalty-free license to host, use, copy, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such content for the purpose of operating, providing, and promoting the Services.

Limited License to Other Users: You also grant each user of the Services a limited, non-exclusive, revocable license to access and view your publicly available User Content through the Services solely for their personal, non-commercial use in accordance with these Terms (no scraping, bulk download, or off-platform republication without your separate consent and our written permission).

You represent and warrant that you have all rights, licenses, consents, and permissions necessary to grant the rights above and that your User Content does not infringe third-party rights.

You may not submit content that identifies a third party (including name, image, photo, video, or other identifying information) unless you have that person's express consent. By submitting content that identifies another person you represent and warrant that you have obtained the subject's consent and that sharing the content does not violate any law or third‑party right. Failure to obtain consent may result in content removal and account enforcement.

You are responsible for the content you submit and may be liable for any claims, damages, or losses arising from content that violates these Terms, including submissions made without the subject's consent. Where applicable, FreshTea may seek indemnification and other remedies from users who post unlawful or non‑consensual content.

Moral Rights: To the maximum extent permitted by applicable law you waive and agree not to assert any moral rights or similar rights (including rights of attribution or integrity) you may have in User Content vis‑à‑vis FreshTea and users using the content under the licenses granted above. Where a waiver is ineffective, you agree not to enforce such rights in a manner that interferes with the licenses granted herein.

Prohibited Content and Conduct

You must not post or transmit User Content that:

• Is unlawful, fraudulent, or promotes illegal activity;
• Constitutes hate speech, racial slurs, or discriminatory conduct;
• Is sexually explicit, pornographic, or depicts sexual exploitation;
• Targets, abuses, or harasses another individual; encourages violence;
• Contains private information about another person without consent;
• Promotes self-harm or suicide;
• Is spam, mass solicitation, or manipulative behavior designed to game our systems.

We expressly prohibit content involving minors in sexual contexts. We also prohibit doxxing, stalking, and targeted harassment. Violation of these rules may result in content removal, account suspension or termination, and reporting to law enforcement where appropriate.

Anti-Harassment Policy

Harassment includes (without limitation) targeted or repeated unwanted contact, coordinated pile‑ons, threats (explicit or implicit), stalking behaviors, dissemination of private or identifying data (doxxing), and content whose primary intent is to shame, intimidate, or silence an individual or protected group. Abusive conduct also includes brigading or using multiple accounts to evade enforcement.

Prohibited Harassment Examples: (a) directing others to attack a user; (b) posting or threatening to post someone’s home address, precise location, unblurred license plates or financial information; (c) non‑consensual intimate imagery; (d) maliciously altered media presented as factual. Context (satire, counterspeech) is considered but not a defense for targeted abuse.

Enforcement may include content removal, feature limits, shadow or temporary suspensions, permanent bans, device or network blocks, and referral to law enforcement where legally required or where credible threats are identified. We may preserve data related to harassment reports for evidentiary and safety purposes even after account deletion.

Reporting: Use in‑app tools or email support@freshtea.app with URLs, timestamps, and a concise description. False or bad‑faith reports may result in enforcement.

Moderation, Reporting, and Appeals

We moderate content according to our policies and may remove or restrict access to content at our discretion. Users may report content via the in‑app reporting tools or by emailing support@freshtea.app. We prioritize reports that indicate imminent harm (for example doxxing with a credible threat) and will escalate those immediately.

Moderation Targets (Not Guarantees): We aim—where staffing and workload reasonably permit—to acknowledge reports within 48 hours and perform an initial triage within 5 business days for most issues. THESE ARE GOALS ONLY AND NOT SERVICE LEVEL COMMITMENTS. Complex, high‑volume, low‑priority, archival, or evidentiary holds may result in substantially longer timelines (including weeks or months) before final action or resolution. Absence of immediate removal does not signal approval of the content.

No Immediate Takedown Promise: You acknowledge that we cannot guarantee real‑time or near‑term removal of allegedly abusive, harassing, defamatory, or privacy‑infringing content and that delays (including material delays) may occur. To the fullest extent permitted by law we disclaim liability for harm allegedly arising from moderation lag, provided we act (or refrain from acting) in good faith consistent with our policies and legal obligations.

If your content or account is removed or suspended, you may appeal by contacting support@freshtea.app within 30 days of the action. Appeals are reviewed by a separate moderation reviewer; submission of an appeal does not guarantee reinstatement.

Anti-Retaliation: Retaliating against a user for filing a good‑faith report (including harassment, threats, intimidation, coordinated mass-reporting, or outing their identity) is prohibited and may trigger escalated enforcement.

False or Bad‑Faith Reports: Knowingly submitting fraudulent, manipulated, or bad‑faith reports (e.g., to silence legitimate speech or overload moderation) may result in enforcement including suspension or termination.

Evidence Preservation: We may retain reported content and related metadata, even if you delete it, for assessment, appeals, legal compliance, fraud prevention, safety analytics, or law enforcement cooperation.

User Liability & Enforcement

By using the App you acknowledge and agree that you are solely responsible for your conduct and for any User Content you submit. You may be held civilly or criminally liable for copyright infringement (including claims under the DMCA), harassment, doxxing, threats, privacy invasions, defamation, or other unlawful or prohibited acts committed through your account or using the Services.

FreshTea may, in its sole discretion and without prior notice where permitted, remove or disable access to User Content, suspend or terminate accounts, impose feature limits, block devices or networks, or take other enforcement measures (including referral to law enforcement and seeking injunctive or monetary relief) to protect the community and comply with applicable law. You agree that these enforcement actions are reasonable remedies to address violations of these Terms.

Nothing in these Terms limits FreshTea's right to pursue all available legal remedies against users whose conduct harms the platform, other users, or third parties, and you may be required to indemnify FreshTea for losses arising from your violations. This section does not create any obligation for FreshTea to take enforcement action in any particular case, nor does it limit your right to appeal or seek legal review of enforcement decisions where applicable.

Paid Services, Subscriptions and Billing

Certain features of the App require payment. Subscription fees and other charges are described on the App. By subscribing, you authorize recurring charges through the payment processor you select. You are responsible for taxes where applicable.

Cancellations must be processed through your account settings or the payment provider. Refunds are granted only as described in our Refund Policy or at our sole discretion.

Pricing & Changes: We may modify subscription pricing or plan features with at least 30 days' notice (email, in‑app, or posting). Continued use after the effective date constitutes acceptance. Except where required by law we do not prorate or refund partial billing periods.

Non‑Payment: If payment fails we may freeze restricted features; prolonged non‑payment may result in termination and data deletion under the timelines below.

Feature Availability & Bugs: Subscription or paid features may experience outages, regressions, latency, partial functionality loss, or disabling for maintenance, security mitigation, or legal compliance. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR‑FREE OPERATION OF PAID FEATURES. Your sole and exclusive remedy for material, persistent service defects in a paid feature (where required by law) is (a) re‑performance, (b) a pro‑rata service credit or refund for the impacted period (if we elect), or (c) termination of the affected subscription going forward. We are not liable for: (i) third‑party payment processor failures; (ii) user device/network issues; (iii) beta/experimental feature instability; or (iv) deprecation of a feature with reasonable notice.

Service Modifications & Availability

We may add, change, suspend, or discontinue any feature or part of the Services at any time with or without notice. For material adverse changes to paid features we use reasonable efforts to provide advance notice. We may throttle or suspend functionality if usage materially degrades performance for others or poses security or abuse risk.

Repeat Infringers; Termination Policy

We have a policy for terminating accounts of users who repeatedly infringe the rights of others or repeatedly violate these Terms. FreshTea may, in its sole discretion, apply escalating enforcement including warnings, temporary suspensions, and permanent termination for repeat offenders. This policy supports our compliance with the Digital Millennium Copyright Act (17 U.S.C. § 512) and is intended to deter repeat abuse.

Preservation, Cooperation & Law Enforcement

FreshTea preserves records and metadata as necessary to operate the Services, investigate abuse, and comply with legal obligations. If we receive a lawful request from law enforcement or a court (such as a subpoena), we will disclose information as required by law. We will make reasonable efforts to notify account holders of disclosure when permitted.

If you believe you are the victim of a crime (including credible threats, doxxing, or stalking), please contact local law enforcement immediately and email support@freshtea.app. We cooperate with law enforcement and may preserve and provide logs and content where required.

Safety & Proactive Measures

We employ technical and policy measures to reduce abuse and harassment. These may include rate‑limits, automated detection for abusive language, pattern detection to identify coordinated attacks, temporary content holds, and human review. While we strive to protect users, no system is perfect; users should take personal precautions when sharing private information.

We encourage users to review our Community Guidelines for detailed rules and examples of prohibited behavior.

Third-Party Services and Links

The App may include links to third‑party websites, widgets, APIs, SDKs, or services that we do not control. We are not responsible for those third parties' content, practices, security, or privacy policies. Any interaction, transaction, or dispute you have with a third party (including payment processors, social platforms, or analytics vendors) is strictly between you and that third party.

We may use third‑party providers for analytics, crash reporting, identity verification, payment processing, and cloud services. Those providers may collect information about your device and use of the Services under their own terms. See our Privacy Policy for more detail.

Use of Artificial Intelligence

We use automated systems, machine learning, and other artificial intelligence tools ("AI Tools") to operate, improve, and personalize the Services. AI Tools may analyze User Content and other inputs to produce outputs, recommendations, moderation signals, or product improvements.

By submitting User Content you grant FreshTea and its service providers a worldwide, non‑exclusive, royalty‑free, sublicensable license to use, reproduce, analyze, and process that content to provide and improve AI Tools and related features. We may use de‑identified or aggregated inputs and outputs for research, model training, and business purposes.

If you have a legal or privacy concern about the use of your content for model training, contact us at support@freshtea.app. We will make commercially reasonable efforts to honor valid requests prospectively, but we cannot always remove data from models that have already been trained on aggregated or de‑identified datasets.

Privacy and Data Retention

We collect, use, and share personal data as described in our Privacy Policy. We retain data as necessary to provide the Services, comply with legal obligations, resolve disputes, enforce these Terms, and for legitimate business purposes (for example fraud prevention and safety). Typical retention is described in the Privacy Policy.

You may request a copy of the personal data we hold about you, request correction, or request deletion by contacting support@freshtea.app. We will respond in accordance with applicable law. Deletion requests may not immediately remove information from backups or logs.

We implement industry‑standard administrative, technical, and physical safeguards designed to protect personal data. If we become aware of a security incident affecting your data we will notify you as required by law.

Data Deletion & Backups: Following verified account deletion we target removal of active production personal data within 30 days, and removal from backups/log‑rotation within 60–90 days, subject to legal, safety, and anti‑fraud retention requirements. We may retain minimal identifiers (e.g., hashed IDs, audit logs) for safety, compliance, and dispute resolution purposes.

Export Requests: You may request an export of certain personal data prior to deletion by contacting support@freshtea.app (subject to authentication and rate limits). We may decline or limit requests that are excessive or abusive as permitted by law.

Data Collection & Use: We collect device and usage data (including device identifiers, approximate or precise location/GPS where enabled, age range, self‑reported gender, county/region, and interaction logs) to provide, personalize, secure, and improve the Services, combat fraud/abuse, develop new features (including AI model training on de‑identified or aggregated data), and for analytics. We may share de‑identified or aggregated data and, consistent with applicable law (including any required notice/opt‑out rights), may transfer data (including in a merger, financing, acquisition, or asset sale) or engage in permissible data monetization. Where required (e.g., CCPA/CPRA) we will honor user rights (access, deletion, opt‑out of "sale"/sharing, limitation of sensitive data use) via published mechanisms.

Verification Data: See Verification & Gender Eligibility. Verification media or documents are processed for eligibility, fraud prevention, safety review, and appeals; not published to other users. Derived attributes (risk scores, vector embeddings, or hashes) may be retained after raw media minimization for anti‑abuse and integrity purposes.

Dating Feedback & Review Content

The Services may include areas where users submit commentary, experiences, impressions, or feedback about interactions with third parties (including individuals who may not themselves be users). Such content consists of subjective opinions, not verified factual assertions, and may be incomplete, context‑dependent, or outdated. We do not endorse, certify, fact‑check, or guarantee the accuracy, legality, or safety implications of any feedback. You should perform your own independent judgment and exercise personal safety measures.

Content referencing third parties remains the sole responsibility of the submitting user, who represents that sharing is lawful and not intended to harass, defame, or incite abuse. We may (but are not obligated to) apply heuristics, automated filters, or human review to reduce clearly abusive patterns. Delay or failure to remove a given item does not waive our right to remove it later nor indicate approval.

Complaints / Takedown Requests: Individuals referenced may submit a request (with URLs/screenshots and context) to support@freshtea.app. We prioritize imminent safety risks, non‑consensual intimate imagery, credible threats, and doxxing. Other requests are addressed as resources permit and may experience extended delays; we disclaim liability for interim persistence consistent with law.

Reliance Disclaimer: YOU ACKNOWLEDGE THAT ANY DECISION OR ACTION YOU TAKE (INCLUDING DATING OR MEETING AN INDIVIDUAL) BASED ON USER FEEDBACK CONTENT IS AT YOUR SOLE RISK. FRESHTEA IS NOT A BACKGROUND CHECK OR REPORTING SERVICE AND DOES NOT GUARANTEE THAT FEEDBACK IDENTIFIES ALL RISKS OR MISCONDUCT.

Location Services

Purpose: We request and process location data (approximate and where you enable it, precise latitude/longitude) to deliver geographically relevant features such as <25mi / <5mi radius posts, localized recommendations, safety or spam heuristics, and (where applicable) geo‑targeted or contextual ads. You can disable precise geolocation via your device settings, though some features may degrade or become unavailable.

Usage & Limitation: We do not intend to display or disclose your precise real‑time location to other end users. We may display generalized or derived region information (e.g., county, city, approximate radius bucket) and may use aggregated or de‑identified location analytics. Location signals can be imprecise due to device, network, or environmental factors; we make no guarantee of accuracy.

Safeguards: We apply technical and organizational controls intended to prevent unauthorized exposure of precise coordinates. However, software defects, misconfigurations, third‑party component failures, or malicious activity could theoretically result in unintended disclosure. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT FOR LIABILITY THAT CANNOT BE DISCLAIMED OR THAT RESULTS FROM OUR WILLFUL MISCONDUCT, WE DISCLAIM LIABILITY FOR INCIDENTAL, UNINTENDED, OR ACCIDENTAL DISCLOSURE OF PRECISE LOCATION DATA. Your sole remedy for concerns about location processing is to revoke permission and/or cease using location‑dependent features.

Assumption of Risk (Location): By enabling location you acknowledge inherent risks (including potential inference of residence or routine patterns) and consent to our processing as described. Do not enable precise location if you are uncomfortable with this risk.

Copyright & DMCA

We respect intellectual property rights. If you believe your copyrighted work has been used on the Services in a way that constitutes copyright infringement, submit a DMCA notice to our designated agent.

DMCA Agent: copyright@freshtea.app.

Counter-Notice: If you believe material was removed in error, send a written counter‑notice to the DMCA Agent including: (1) your physical or electronic signature; (2) identification of the material removed and its prior location; (3) a statement under penalty of perjury that you have a good‑faith belief the material was removed or disabled as a result of mistake or misidentification; (4) your name, address, phone number, and a statement consenting to the jurisdiction of the federal district court for your address (or San Francisco County, CA if outside the U.S.) and accepting service of process from the original complainant. Upon receipt of a valid counter‑notice we may forward it to the complainant and restore the material 10–14 business days later unless the complainant notifies us they filed an action seeking a court order.

Standard Technical Measures: We accommodate and do not interfere with standard technical measures recognized by the industry that are used by copyright owners to identify or protect copyrighted works (17 U.S.C. §512(i)).

We accept DMCA takedown notices by email. A proper notice should include the elements listed below. If you require a postal address for formal service, contact support@freshtea.app and we will provide a mailing address upon request.

A proper notice should include: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the allegedly infringing material and its location (URL); (4) your contact information; (5) a statement under penalty of perjury that you have a good‑faith belief the use is unauthorized; and (6) a statement that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

We will respond to valid notices in accordance with the DMCA and may remove content or terminate repeat infringers. If your content is removed you may send a counter‑notice as permitted by the DMCA; we may restore the material as provided by law.

Repeat Infringers: As required by 17 U.S.C. §512(i) we terminate accounts of repeat copyright infringers in appropriate circumstances.

Anti-Circumvention & Scraping

You must not (a) circumvent, disable, or interfere with security, rate limiting, geographic, or content-protection mechanisms; (b) access or collect data via automated means (bots, spiders, crawlers, scrapers) except through documented APIs and within granted rate limits; (c) harvest or index user profiles or content at scale; (d) use reverse engineering or packet inspection to replicate or compete with the Services beyond what mandatory law permits. We may employ technical measures (including monitoring, honeypots, throttling) to detect and mitigate violations. Unauthorized automated access may violate laws including the Computer Fraud and Abuse Act (CFAA) and similar statutes.

Trademarks

"FreshTea" and associated logos, word marks, and trade dress are trademarks or service marks of FreshTea. You may not use our marks without prior written permission, except for nominative fair use (e.g., truthful, incidental reference without implying sponsorship). We reserve all rights not expressly granted. Third‑party marks are property of their respective owners; reference does not imply endorsement.

Platform IP & Limited License

We and our licensors own all right, title, and interest in and to the Services, including software, interfaces, designs, and trademarks. Except for limited rights to access and use the Services under these Terms, no license or ownership transfer is granted. You may not copy, modify, reverse engineer, decompile, disassemble, attempt to derive source code (except to the limited extent allowed by mandatory law), circumvent security controls, or remove proprietary notices without our prior written consent.

Features & Bugs

We strive for reliability and security, but software inevitably contains bugs and may not meet every expectation. We prioritize security, privacy, and abuse‑related defects. Reporting a bug does not guarantee a fix; choosing to use the Services accepts this risk.

API & Automation (If/When Provided)

Any current or future API access is conditional on compliance with these Terms and any published API guidelines. We may rate‑limit, audit, or revoke API tokens for abuse, security risk, excessive calls, or attempts to replicate core functionality. Monitoring or surveillance use cases that invade user privacy are prohibited.

Limited Staff Access

Authorized personnel may access minimal user data only for: (i) resolving a support or safety request; (ii) investigating abuse, fraud, or security incidents; (iii) fixing service errors; or (iv) complying with law. Access is restricted and logged where feasible.

User Statements About Third Parties

The Services allow users to submit content (including references to or depictions of other individuals) sometimes without those individuals' prior knowledge or consent. We do not pre‑screen or endorse user statements, and we are not obligated to monitor content, though we reserve the right to review or remove content at any time. Users who submit content about others (names, images, claims, opinions) are solely responsible for that content, represent that it is to the best of their knowledge truthful and not posted to incite harassment, and agree to indemnify FreshTea against related claims (including defamation, privacy, publicity, or other rights violations). Upon receiving a valid complaint from the referenced individual we may (but are not required to) remove, restrict, blur, anonymize, or otherwise mitigate the content within a reasonable timeframe, subject to legal holds and our investigative needs. Nothing herein waives defenses or immunities available under applicable law.

Complaint Process: Individuals referenced in content may contact support@freshtea.app with URLs and context. We prioritize reports involving doxxing, non‑consensual intimate imagery, credible threats, or safety risk. We are not liable for delays inherent in review processes made in good faith.

Excessive Use & Throttling

We may throttle, rate‑limit, sandbox, or suspend accounts or IP ranges whose usage (requests, storage, bandwidth, automated actions) materially exceeds normal patterns or threatens service stability or safety. We attempt notice where practical unless urgent action is necessary to protect the platform or users.

Representations & Warranties

You represent and warrant that: (a) you will use the Services in compliance with these Terms and all applicable laws; (b) you own or otherwise control all rights to the User Content you submit and have the authority to grant the licenses described in these Terms; and (c) your User Content does not violate any third‑party rights, including intellectual property or privacy rights.

You agree not to submit User Content that is unlawful, harmful, or that could expose us or other users to liability. If you submit content on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRESHTEA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR‑FREE, OR SECURE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FRESHTEA, ITS AFFILIATES, OR LICENSORS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES.

FRESHTEA'S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID FRESHTEA IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) US$50. THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW (FOR EXAMPLE, LIABILITY FOR DEATH OR PERSONAL INJURY OR FRAUD).

Indemnification

You agree to indemnify, defend, and hold harmless FreshTea and its officers, directors, employees, agents, and affiliates (the "Released Parties") from and against any losses, liabilities, damages, judgments, awards, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms; (b) your use of the Services; (c) your User Content; or (d) your violation of any law or the rights of a third party.

We may assume the exclusive defense and control of any matter subject to indemnification and you will cooperate with our defense. You may not settle any claim on terms that admit fault by FreshTea without our prior written consent.

Additionally, if you submit content identifying a third party in violation of these Terms (including non‑consensual images or doxxing), you agree to indemnify and hold FreshTea harmless from any claims arising from that content, including invasion of privacy, defamation, or other harms.

User Responsibility Emphasis: YOU ACKNOWLEDGE THAT YOU (NOT FRESHTEA) CONTROL THE CONTENT YOU SUBMIT AND THAT FRESHTEA DOES NOT ASSUME LIABILITY FOR USER CONTENT OR FOR ACTIONS TAKEN BASED ON USER CONTENT. YOUR SOLE REMEDY FOR CONTENT YOU DISAGREE WITH IS TO REPORT OR STOP USING THE SERVICES.

Assumption of Risk & Release

You acknowledge that interacting with strangers, viewing user‑generated content, and attending any offline meetups or events facilitated (formally or informally) via the Services involve inherent risks (including exposure to offensive content, misinformation, or harmful conduct). You voluntarily assume all such risks to the fullest extent permitted by law.

Release: To the fullest extent permitted by law you release FreshTea and the Released Parties from claims, demands, and damages of every kind and nature arising out of or related to disputes between you and other users or third parties. IF YOU ARE A CALIFORNIA RESIDENT YOU WAIVE CALIFORNIA CIVIL CODE § 1542 WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

We do not control or vet user interactions and have no obligation to intervene in disputes; our involvement (if any) is discretionary and does not waive these protections.

Data Storage & No Retention Obligation

We are not an archival or records retention service. We have no obligation to store or retain any User Content or data beyond what is necessary for business, legal, or technical purposes described in these Terms or our Privacy Policy. We may delete, purge, anonymize, or throttle storage (including attachments, images, logs) at any time, with or without notice, in accordance with our internal policies.

You are solely responsible for maintaining independent backups of content or data you wish to preserve. We disclaim liability for loss or corruption of data except to the extent such disclaimer is prohibited by applicable law.

Beta & Experimental Features

Features labeled (or reasonably understood as) "beta", "labs", "experimental", or similar may be incomplete, may change or be discontinued at any time, may have higher error rates or security limitations, and are provided AS IS with any additional risk assumed solely by you. We may require feedback or impose additional terms for specific betas; continued use indicates acceptance.

Dispute Resolution; Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. Except where prohibited by applicable law, you and FreshTea agree to resolve disputes through final and binding arbitration rather than in court. Arbitration is more limited than a lawsuit and uses different rules, including more limited discovery and review by courts.

To start arbitration you must first send a written Notice of Dispute to support@freshtea.app describing the nature of the claim and the relief you seek and allow us 45 days to resolve the matter informally. If we cannot resolve the dispute, you or FreshTea may pursue arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in San Francisco County, California, or at another mutually agreed location.

YOU AND FRESHTEA WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE WILL BE RESOLVED INDIVIDUALLY AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. IF THE CLASS ACTION WAIVER IS FOUND UNENFORCEABLE, THE REMAINING PROVISIONS WILL STILL APPLY.

This arbitration clause does not apply to claims for injunctive or other equitable relief seeking to prevent actual or threatened intellectual property infringement, which either party may seek in any court of competent jurisdiction.

Termination

We may suspend or terminate your access to the App at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users. Termination does not affect obligations arising prior to termination.

Export Controls & Compliance

You will comply with all export and import restrictions and sanctions administered by U.S. and other governments in connection with your use of the App.

Children

The App is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, contact us at the address below.

Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. If arbitration is inapplicable, disputes will be brought in the state or federal courts located in San Francisco County, California.

Changes to These Terms

We may modify these Terms at any time. We will provide notice of material changes and post the updated Terms with a new effective date. Continued use after notice constitutes acceptance of the updated Terms.

Severability; Waiver; Assignment

If any provision of these Terms is held invalid, the remaining provisions will remain in force. Failure to enforce a right is not a waiver of that right. We may assign these Terms in connection with a merger, sale, or acquisition.

Contact

For support, legal requests, DMCA, privacy, or billing inquiries, contact us at the addresses below.

• Support & Moderation: support@freshtea.app (use this address for questions, reports, appeals, and legal requests)

No Professional Advice

User Content (including wellness, legal, medical, financial, or safety discussions) is provided for informational purposes only and does not constitute professional advice. FreshTea does not provide medical, legal, financial, therapeutic, or other regulated professional services. You should consult qualified professionals for advice specific to your circumstances. Reliance on information obtained through the Services is at your sole risk.

Public Areas & Privacy Expectations

Certain portions of the Services (feeds, comments, profiles) may be broadly viewable. Do not expect confidentiality for content you post in public or semi‑public areas. Even deleted content may persist in caches, backups, or user screenshots. You are solely responsible for limiting the disclosure of information you consider sensitive.

Force Majeure

Neither party will be liable for delay or failure to perform obligations (other than payment obligations or indemnity) due to events beyond reasonable control, including acts of God, natural disasters, epidemics, terrorism, labor disputes, supply chain disruptions, power or Internet failures, governmental actions, or third‑party platform outages ("Force Majeure Event"). If a Force Majeure Event continues for more than 30 days we may suspend or terminate affected Services without liability.