Terms of Use for Members
Slushy
Posted on Apr 4, 2025
Terms of Use for Members
Last Updated March 2023
Welcome to Slushy! Different parts of these Terms of Use for Members apply to you depending on where you access the Slushy Platform from. Please make sure that you read the part of these Terms of Use for Members applicable to you:
Part 1 of these Terms of Use for Members applies to you if you access the Slushy Platform from the United States or Canada.
Part 2 of these Terms of Use for Members applies to you if you access the Slushy Platform from outside the United States or Canada.
Part 1 – Terms of Use for US and Canadian Members
Last Updated: March 2023
BY ACCESSING OR USING OUR WEBSITE OR OUR PLATFORM YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
1. INTRODUCTION; PLATFORM RULES.
1.1 These Terms of Use for Members (the “Member Terms”) are additional terms which apply if you use the Platform as a Member (also referred to herein as “you”, including the variants “your” and “yours”). These Member Terms form part of the binding contract between you and us and governs your rights and responsibilities as a Member in connection with the Platform.
1.2 You acknowledge that by agreeing to these Member Terms, and by using the Platform, certain other terms, agreements and policies will also apply to you and form part of your agreement with us as a Member, including:
1.2.1. Terms of Use for All Users;
1.2.2. Trust & Safety Policy;
1.2.3. Acceptable Use Policy;
1.2.4. Compliance Levels & Permissions Chart;
1.2.5. Payment Policy; and
1.2.6. Each of the Content Removal Policy; Content Reporting Policy; and Content Moderation Policy; - which sets out the procedure for making a complaint about Content or other aspects of the Platform, and how we will deal with such complaints;
1.2.7. Monthly Compliance Report Policy – which sets forth our reporting obligations with respect to all Content Published to the Platform; and
1.2.8. Frequently Asked Questions Page or our SLUSHY Policies Page – both of which apply to all Users and contain additional terms, notices and policies governing your use of the Platform.
1.3. You further acknowledge that, if you intend or desire to Publish Content on the Platform, tag other Members in your Published Content or receive payment for your engagement with the Platform and other Members, there are certain other terms, agreements and policies that may also apply to you and form a part of your agreement with us as a Member, including:
1.3.1. Terms of Use for Creators;
1.3.2. Referral Program Terms; and/or
1.3.3. Co-Creator Agreement.
1.4. You also understand and acknowledge that your personal information will be collected, used, shared, and otherwise processed in accordance with our Privacy Notice, and which applies to all Users.
2. DEFINITIONS.
In these Terms of Use for Members, defined terms have the same meanings given to them in the Terms of Use for All Users, unless otherwise indicated. In addition, when used in these Terms of Use for Members, the following terms shall have the following meaning:
2.1. “Adult Content” shall refer to any NSFW Content that is pornographic or intended to cause sexual arousal, including, but not limited to, Content that depicts a person, cartoon/anime character, or animal with human-like features in a state of full or partial nudity, engaging in sexual intercourse or other sexual acts, or simulating sexual intercourse or other sexual acts;
2.2. “Live Content” shall refer to: (i) live, timed, one-off one-to-one sessions between a Creator and a User, which a Member must individually purchase; and (ii) live, timed, one-off Content that the Creator makes available to Members.
2.3. “Locked Content” shall refer to one-off, particular posts of Content Published to a Creator’s account or profile, which a Member must individually purchase in order to view. For clarity, a Creator’s Locked Content will not be viewable by Members purchasing a Subscription to that Creator’s Subscription Content;
2.4. “Member Payment” shall mean the total amount of money charged to a Member in respect of Premium Activities (including any tips paid by a Member to a Creator), which may be charged in Member’s local currency or in US Dollars, for accessing Locked Content, purchasing a Subscription to access Subscription Content, and/or interacting with a Creator through Direct Messages, exclusive of all Taxes;
2.5. “Non-Adult Content” shall refer to all Content that is not otherwise classified as Adult Content. For clarity, Non-Adult Content may be tagged as either SFW Content or NSFW Content;
2.6. “NSFW Content” shall refer to Content that is considered “not-suitable-for-work” or Content that contains explicit, profane, graphic, or other potentially disturbing language, images or subject matter. A NSFW Content tag on the Platform serves as a warning for Users to use discretion or to avoid such tagged Content when viewing and/or using the Platform in a public setting such as school, work or around minors. For clarity, all Adult Content will be tagged as NSFW Content, but not all NSFW Content will be categorized as Adult Content;
2.7. “Subscription Content” shall refer to all of the Content Published to a Creator’s account or profile that a Member will have access to after purchasing a Subscription to the Creator’s Content. For clarity, a Creator’s Subscription Content will not be viewable to any Member who does not purchase a Subscription to that Creator’s Content;
2.8. “SFW Content” shall refer to Content that is considered “suitable-for-work” or Content that does not contain explicitly inappropriate subject matter. A SFW Content tag on the Platform indicates to Users that such tagged Content may safely be viewed in a public setting such as school, work or around minors;
2.9. “Subscription” shall mean a Member’s recurring subscription to all of the Content previously Published or that will be Published to a Creator’s page that the Creator designates as Subscription Content; and
2.10. “Tax” or “Taxes” shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the United States, Canada or any other jurisdiction.
3. YOUR ACCOUNT AS A MEMBER.
3.1. Registering your Member Account. To use the Platform as a Member, you must first register for and create an account (“Member Account”). To create a Member Account, you will have to:
3.1.1. confirm that you are at least 18 years old in accordance with the Terms of Use for All Users;
3.1.2. choose a handle, which must be unique to you, not offensive to others, not in violation of a third party’s intellectual property (such as copyright or trademark), and compliant with our Acceptable Use Policy;
3.1.3. provide your cellphone number to which one-time passwords can be sent to securely authenticate your identity each time that you log into the Platform;
3.1.4. provide your date of birth;
3.1.5. provide an email address, which can be validated by us, to be used for account recovery, notification and/or marketing purposes if the Member opts-in, among others;
3.1.6. accept these Terms of Use for Members and our Consent for Personal Data Processing; and
3.1.7. specify the type of Content, such as Adult Content or Non-Adult Content, that you wish to view and engage with on your Member Account.
3.2. Prior Accounts; Current Information. By creating a Member Account, you acknowledge, agree and confirm that: (i) if you previously had another Member Account with us, such old account was not terminated or suspended by us because you violated any of the Platform Rules; (ii) all information you submit to us in connection with the creation of your Member Account is truthful, accurate and complete; and (iii) you will update any of the information you submitted in connection with the creation of your Member Account as soon as practicable following any changes to such information.
3.3. Member Permissions. At a minimum, a User that creates a Member Account in accordance with the requirements of Section 3.1 above will be permitted to browse, view, and/or purchase Premium Activities (as defined below), in accordance with the terms, conditions and guidelines set forth across all of the Platform Rules. However, SLUSHY may grant you additional, more expansive Member Permissions (as defined in the Compliance Levels & Permissions Chart) depending on the Compliance Criteria (as defined in the Compliance Levels & Permissions Chart) satisfied by you. You are only permitted to access and engage with the Platform, the Content and the other Members in accordance with the permissions granted to Members of your Compliance Level (as defined in the Compliance Levels & Permissions Chart). You can learn more about the various Member Permissions and Compliance Criteria in the Compliance Levels & Permissions Chart.
3.4. Confidentiality of Your Member Account. You agree and represent that you will not share your Member Account, let anyone else access your Member Account, or do anything else that might jeopardize the security of your Member Account. In the event that you become aware of, or reasonably suspect, any security breach, including, without limitation, any loss, theft, or unauthorized access of any device (each, an “Authorized Device”) you previously authorized for use of the Platform and access to your Member Account, you must immediately notify SLUSHY. You are solely responsible for maintaining the confidentiality of your account information and you will be responsible for any access to the Platform via your Authorized Device, including all Direct Messages sent from your Member Account, whether or not authorized by you. You will be liable for any losses incurred by us due to the unauthorized use of your Member Account. SLUSHY is not liable for your losses caused by any unauthorized use of your Member Account or Authorized Device and you hereby specifically waive any such claim and agree to defend, hold harmless, and indemnify SLUSHY against any such claims made against it by third parties. In brief, you are responsible for anything that happens through your Member Account.
3.5. Profile & Direct Messages.
3.5.1.You are solely responsible for all personalization made to your profile, any posts and messaging (including Direct Messages) and you acknowledge that we have no direct control over what your profile or Direct Messages or what any other Member’s profile or Direct Messages may contain. You must evaluate, and bear all risks associated with, your use of the Platform, including your Direct Messages. You will not send Direct Messages that could be deemed illegal, involves or shows minors, or is simply not allowed by us, including any Direct Messages in violation of our Acceptable Use Policy or these Terms.
3.5.2. In an ongoing effort to protect minors and prevent the Upload and/or Publication of illegal Content on the Platform, SLUSHY retains the right to regularly scan any and all Direct Messages sent via the SLUSHY Platform for the presence of minors and/or any indication of prostitution, selling of sex (whether or not involving minors) or other kinds of illegal subject matter. Any Direct Messages deemed to include minors and/or involve, promote or suggest prostitution, the selling of sex or other illegal subject matter, will be removed immediately and reported to the appropriate authorities and the Member will be banned from using the Platform.
3.5.3. In addition to free Direct Messaging features, we may make available certain premium paid features (e.g., a VIP Badge that may allow, for example, your Direct Message to be featured at the top of a Creator’s Direct Message inbox) which you may purchase as set forth in Section 5 below.
3.5.4. You agree that you will be liable to us and indemnify us for any losses or damages we suffer as a result of your violation of this Section 3.5.
3.6. Live Content. You understand and agree that we may monitor and record all Live Content at our sole discretion, and terminate any Live Content that is illegal, involves or shows minors, or otherwise violates our Acceptable Use Policy. You may not record Live Content at any time for any reason. No Creator may offer Live Content unless approved by us. We reserve the right to rescind this approval at any time and for any reason or no reason in our sole discretion. You may purchase additional time for the Live Content pursuant to the terms and conditions herein and as set forth by the Creator. If you choose to display videos or images during the Live Content session, you agree that you will not display User Content that could be deemed illegal, involves or shows minors, or is simply not allowed by us, including any User Content in violation of our Acceptable Use Policy or these Terms. You agree that you will be liable to us and indemnify us for any losses or damages we suffer as a result of your violation of this Section 3.6.
3.7. Co-Creators. If you are identified as a Co-Creator (as defined in the Terms of Use for Creators) in either Adult Content or Non-Adult Content by a Creator, please refer to Section 5, Co-Authored Content, of the Terms of Use for Creators for additional details with respect to the Co-Creator Verification Process, signing a Co-Creator Agreement and accepting an identification in the Published Content.
3.8. Profile Images. You agree and understand that your account profile photo or image, (your “Profile Image”) must qualify as Non-Adult Content, such that it is safe and acceptable to a public audience, and does not include sexually explicit content, such as full or partial nudity, and/or simulated or any other sexual act (whether or not involving minors). All Profile Images will be scanned for the presence of minors. If you choose to use a photo for your Profile Image that is classified as Adult Content, SLUSHY may remove such photo. Repeat infringement may result in the termination of your Member Account in accordance with these Terms. You agree that your Profile Image may not depict, show or feature, in whole or in part, any User or person other than yourself.
3.9. Privacy & Security of your Member Account. You agree and understand that SLUSHY cannot ensure the security or privacy of information you provide through the Internet and the Platform. We strongly condemn any form of interaction between Members outside of the Platform. Any information you choose to share remains your sole responsibility and is done at your own risk. Use of the Platform for the purpose of engaging in unlawful or illegal activities, including, but not limited to, prostitution or the selling of sex, is prohibited. You agree to take all necessary precautions when interacting online with other Members, including Creators. You also understand that, other than the Sex Offender Registry Check or the Banking Compliance Checks (as defined in the Compliance Levels & Permissions Chart), if applicable to you based on your country of residence, we do not carry out any background or any kind of criminal record check on our Members and thus we make no statement or warranty regarding our Members’ behavior. Therefore, you agree to remain vigilant and take all necessary precautions when interacting with other Members, including Creators, on the Platform.
3.10. Deleting or Deactivating your Member Account. Member Accounts that have been deactivated by Members may be held by SLUSHY for analytical and legal purposes, subject to our Privacy Notice. The Member Account will no longer be available on the Platform. Members wishing to have their Member Accounts removed from the SLUSHY servers entirely must submit a specific request at www.slushy.com/settings/privacy-rights-request-center/delete-account or send an email regarding the same to privacy@slushy.com. If you don’t want to delete or fully remove your Member Account from the Platform, but prefer to temporarily stop accessing Content and engaging with the Platform, you can deactivate your Member Account instead at www.slushy.com/settings/privacy-rights-request-center/deactivate-account or send an email regarding the same to privacy@slushy.com.
3.11. Suspending or Terminating your Member Account.
3.11.1. SLUSHY reserves the right to modify, suspend or terminate your Member Account and your access to the Platform at any time and for any reason. If we suspend access to or otherwise terminate your Member Account, we will let you know.
3.11.2. We can suspend or block your ability to access the Platform immediately and without prior notice in the following circumstances; provided, however that we may, in our sole discretion, let you know that we have blocked or suspended your access after-the-fact:
If we think that you have or may have seriously or repeatedly breached any part of these Terms (including in particular our Acceptable Use Policy), or if you attempt or threaten to breach any part of these Terms in a way which has or could have serious consequences for us or another User; or
if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of SLUSHY.
3.11.3. During any period when access to your Member Account is suspended, all of your active Subscriptions will continue to renew. Suspended Members will continue to have “view-only” access to the Platform, meaning that they will only be permitted to view and/or read Subscription Content, Locked Content and/or Direct Messages that were previously purchased through the suspended Member Account or that are otherwise free for public consumption (as applicable). Suspended Members will not be permitted to (i) purchase new Subscriptions, new Locked Content or new Direct Messages not previously purchased by that Member, or (ii) achieve additional Member Permissions in accordance with the Compliance Levels & Permissions Chart.
4. MEMBER’S REPRESENTATIONS AND WARRANTIES.
As material inducement for SLUSHY to enter into these Member Terms, Member represents and warrants that:
4.1. Member is of sound mind and body, acting of Member’s free will, and fully understands the terms and conditions of these Member Terms and all of the other Platform Rules and their legal implications;
4.2. Member IS AT LEAST 18 YEARS OLD AND THE AGE OF LEGAL CONSENT IN THE JURISDICTION IN WHICH THEY RESIDE at the time they first access the Platform and at the time they create their Member Account;
4.3. Member is currently residing in the United States, Canada or another country where SLUSHY is authorized to operate, and Member is authorized to access the Platform;
4.4. Member consents to receiving communications from us electronically, including by emails, SMS/text messaging (subject to the terms of Section 6 of these Member Terms), or messages posted to your Member Account.
4.5. Member consents to the processing of Member’s personal data as more fully detailed in our Privacy Notice.
4.6. Any Direct Messages sent via the Platform are not confidential, and that Member authorizes all Creators that receive Direct Messages from Member to access and view such Direct Messages for their own lawful and personal use, and in accordance with any licenses that Member grants to such recipient;
4.7. Member has researched, understands, and will comply with all laws and legal restrictions in effect in the jurisdiction where Member resides, particularly dealing with matters including, but not limited to, obscenity, material harmful to minors, and the creation of sexually explicit content, import and export control laws, false advertising, privacy and personal information protection, anti-discrimination, intellectual property, illegal business solicitation, and restrictions on unsolicited commercial messages. You may not use the Platform to solicit any information that might be used for unlawful purposes or to carry out or to encourage unlawful activities or activities that would infringe any of these Terms;
4.8. Without limiting the generality of these Member Terms and the other Platform Rules, the following acts, actual and/or simulated, are also prohibited under all of these Terms and are forbidden in connection with Direct Messages or any other interaction with Members: (i) impersonating anyone; (ii) requesting money or another form of consideration from Members not expressly permitted under these Terms; (iii) harassing, defaming, threatening, using excessive language or being verbally abusive; (iv) using Members’ information to receive or provide live, in-person sessions outside the Platform or receiving payments outside of the Platform; (v) using or soliciting information that might be used for unlawful purposes or encouraging unlawful activities; or (vi) posting or sharing information about other Users; and
4.9. Member, or any of Member’s associates, employees, employers, agents, and affiliates, shall NOT, under any circumstances, solicit from any User any personal or private information including, but not limited to, Users’ real names, addresses, email addresses, social media accounts, accounts, recovery codes used for Two-Factor Authentication, billing or payment information, handles phone numbers, use a User in any way for unfair personal gain or benefit, or agree to any in-person encounters.
5. SUBSCRIPTIONS & PURCHASES.
5.1. SLUSHY’s Role. SLUSHY’s Role. All transactions and interactions facilitated by SLUSHY are contracts between Members and Creators. Although we facilitate such transactions and interactions by providing the Platform, storing Content and acting as an intermediary, we are not a party to any transactions, interactions, contracts or any other agreements between you and a Creator and, therefore, are not responsible for any transactions or interactions between Members and Creators. SLUSHY does not issue credits, refunds, or cashback on Content purchased by Members, unless Live Content is canceled and such cancellation is initiated by the Creator. For clarity, cancellation of Live Content by you or us will not be eligible for any credits, refunds or cashback. Please refer to our Payment Policy and Help Center for additional information.
5.2. Price Determinations. Creators are solely responsible for determining (within the parameters of the Fees section of our Frequently Asked Questions) the pricing of all Subscriptions and Locked Content Published to the Creator’s profile. All prices will be listed on the Platform in US Dollars or in your local currency, as applicable.
5.3. Procedure & Processing.
5.3.1. If you previously registered for and set up a Member Account, the first time that you attempt to view Subscription Content, Locked Content or Live Content, or interact with a Creator via Direct Messaging (collectively, the “Premium Activities”), you will be prompted to add your payment card and billing details to your Member Account. Once this information has been entered, your card will first be charged ten cents ($0.10) (the “Test Charge”) in order to validate the payment card and billing details that you’ve entered. Following confirmation that the Test Charge was successful, and subject to whether the Creator offers a Trial Period (defined below), your card will be charged the amount corresponding to the Premium Activities you purchased and you will be able to engage with your selected Premium Activities by clicking the “Premium” button on the payment card page. Any User who has not yet set up a Member Account will be prompted to create a Member Account prior to inputting any payment card or other billing details.
5.3.2. You authorize us to supply your payment card details to a third-party payment provider for the purpose of processing your Member Payments. All Member Payments will be charged in US Dollars; provided, however, that your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we are not responsible for paying any charges or fees imposed by your payment card provider or bank.
5.3.3 You authorize us to supply your payment card details to a third-party payment provider for the purpose of processing your Member Payments and purchases of Slushy Wallet Credits. All Member Payments and purchases of Slushy Wallet Credits will be charged in US Dollars; provided, however, that your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we are not responsible for paying any charges or fees imposed by your payment card provider or bank.
5.3.4. All payments under twenty US dollars ($20) that you make through the Platform using your payment card are subject to an administration fee (the "Admin Fee"). The Admin Fee will be displayed to you on the Platform during the payment process and charged to your payment card in addition to the amount corresponding to the Premium Activities or Slushy Wallet Credits you purchased.
5.3.5. When you submit your order to purchase Premium Activities, you can select to pay using the payment card associated with your Member Account or by redeeming Slushy Wallet Credits. If you elect to make the Member Payment by redeeming Slushy Wallet Credits but have insufficient Slushy Wallet Credits to cover the full Member Payment, your card will be charged the balance of the Member Payment after applying your Slushy Wallet Credits.
5.4 If you select the auto-refill feature on your Member Account, we will automatically top up the balance of your Slushy Wallet Credits when it drops below a certain amount. You can choose the minimum amount of Slushy Wallet Credits that you wish to maintain (the "Auto-refill Balance") and the amount of Slushy Wallet Credits you wish to add automatically each time your balance drops below the Auto-refill Balance (the "Auto-refill Amount") when you set up the auto-refill feature. You can also change your Auto-refill Balance and Auto-refill Amount at any time by updating your settings on your Member Account. By enabling the auto-refill feature, you authorize us to charge the value of the Auto-refill Amount to your payment card each time the balance of your Slushy Wallet Credits drops below the Auto-refill Balance. You can switch off the auto-refill feature at any time by updating the settings on your Member Account.
5.4. Subscriptions & Renewal.
5.4.1. All Subscriptions to a Creator’s Subscription Content will Auto-Renew at the end of the monthly subscription period, except if your payment card was declined, or if you have disabled Auto-Renew of your Subscription to that Creator’s Subscription Content prior to the end of the then-current Subscription period. This means that if you want to stop subscribing to a Creator's Subscription Content and paying continuing monthly Subscription charges, you will need to disable Auto-Renew of your Subscription to the Creator’s Subscription Content on your own time, which can be done here: Disable Subscriptions. Creators may change their Subscription prices once every thirty (30) days. We will alert you of any changes in a Creator’s Subscription price within three (3) to seven (7) days prior to the start of your next Subscription period; provided, however, that the change in Subscription price will not become effective for thirty (30) days following the date on which the Creator changes their Subscription price, regardless of when your next Subscription period begins. Unless you disable Auto-Renew of your Subscription following receipt of notice that the Subscription price has changed, such change will automatically become effective on the first day of your next Subscription period.
5.4.2. If you disable Auto-Renew of a Subscription, you will continue to be permitted to view the corresponding Subscription Content until the end of the Subscription period in which you chose to disable Auto-Renew, after which no further payments will be taken from your payment card in respect of Subscriptions to that Creator's Subscription Content, and you will no longer be able to view such Subscription Content.
5.4.3. SLUSHY will alert you of any changes to these Terms and provide you with the opportunity to disable Auto-Renew of your Subscription(s) within three (3) to seven (7) days prior to the effective date of such changes to these Terms.
5.5. Creators’ Rights. Creators have the ability to block you from accessing, engaging with or purchasing his or her Premium Activities, at any time, in Creator’s sole discretion. In the event that you are blocked from accessing a Creator’s Premium Activities, you will then only be able to access and view free, public Content on the Creator’s profile. For clarity, your purchase of any Premium Activities does not create any obligation for the Creator to respond to you or allow you access to the Premium Activities.
5.6. Subscriptions & Renewal.
5.6.1. All Subscriptions to a Creator’s Subscription Content will Auto-Renew at the end of the monthly subscription period, except if your payment card was declined, or if you have disabled Auto-Renew of your Subscription to that Creator’s Subscription Content prior to the end of the then-current Subscription period. This means that if you want to stop subscribing to a Creator’s Subscription Content and paying continuing monthly Subscription charges, you will need to disable Auto-Renew of your Subscription to the Creator’s Subscription Content on your own time, which can be done here: Disable Subscriptions. Creators may change their Subscription prices once every thirty (30) days. We will alert you of any changes in a Creator’s Subscription price within three (3) to seven (7) days prior to the start of your next Subscription period; provided, however, that the change in Subscription price will not become effective for thirty (30) days following the date on which the Creator changes their Subscription price, regardless of when your next Subscription period begins. Unless you disable Auto-Renew of your Subscription following receipt of notice that the Subscription price has changed, such change will automatically become effective on the first day of your next Subscription period.
5.6.2. If you disable Auto-Renew of a Subscription, you will continue to be permitted to view the corresponding Subscription Content until the end of the Subscription period in which you chose to disable Auto-Renew, after which no further payments will be taken from your payment card in respect of Subscriptions to that Creator’s Subscription Content, and you will no longer be able to view such Subscription Content.
5.6.3. SLUSHY will alert you of any changes to these Terms and provide you with the opportunity to disable Auto-Renew of your Subscription(s) within three (3) to seven (7) days prior to the effective date of such changes to these Terms.
5.7. Creators’ Rights. Creators have the ability to block you from accessing, engaging with or purchasing his or her Premium Activities, at any time, in Creator’s sole discretion. In the event that you are blocked from accessing a Creator’s Premium Activities, you will then only be able to access and view free, public Content on the Creator’s profile. For clarity, your purchase of any Premium Activities does not create any obligation for the Creator to respond to you or allow you access to the Premium Activities.
6. SMS/TEXT MESSAGING.
6.1. Consent to Receive SMS/Text Messages. By consenting to SLUSHY’s SMS/text messaging service (the “SMS Service”), you agree to receive recurring SMS/text messages with service-related and promotional messages, including: updates, alerts, and information (e.g., order updates, account alerts, etc.), and promotions, specials, and other marketing offers (e.g., cart reminders) from and on behalf of SLUSHY via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.
6.2. Voluntary Participation. You understand that you do not have to sign up for the SMS Service in order to make any purchases, and your consent is not a condition of any purchase with SLUSHY. Your participation in the SMS Service is completely voluntary.
6.3. Fees & Rates. We do not charge for the SMS Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
6.4. Opt-Out. 1. You may opt-out of the SMS Service at any time. Text the single keyword command STOP to: (i) either +1(507) 541-5096 or +1(205) 846-4635 if you are located in the United States, or (ii) either +(44) 78-8886-5594 or +(44) 78-8887-1181 if you are located in the European Union. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. You waive any rights to bring claims for unauthorized or undesired text messages by failing to opt-out immediately. For SMS Service support or assistance, email support@slushy.com.
6.5. Changes. We may change any short code or telephone number we use to operate the SMS Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
6.6. Your Phone Number & Wireless Carrier. The wireless carriers supported by the SMS Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
6.7. Limitation of Liability. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS Service, any errors in such information, and/or any action you may or may not take in reliance on the information or SMS Service.
Part 2 – Terms of Use for Members from outside the US or Canada
(Last Updated March 2023)
1. WHEN THESE TERMS APPLY
1.1. Slushy operates a platform, which we make available as a service through a web application available at slushy.com, that allows content creators ("Creators") to upload and share pictures, videos and other content (the "Content") and allows users to view and subscribe to such Content (the "Platform").
1.2. In order to access certain Content and use certain functionalities of the Platform, such as sending direct messages to Creators, subscribing to paid Content from certain Creators and being identified in Content uploaded by Creators (collectively, "Member Features"), you will need to sign up to become a "Member" of the Platform and create an account (your "Member Account").
1.3. These "Terms of Use for Members" set out additional terms that apply to you when you create a Member Account and use the Member Features.
1.4. These Terms of Use for Members form part of our Terms of Service and apply to you if you are accessing the Member Features from outside the United States or Canada. If you are in the United States or Canada, please read the US Terms of Use for Members that apply to you when you create a Member Account and use the Member Features.
1.5. Please read these Terms of Use for Members carefully to ensure that you understand them before creating a Member Account and becoming a Member.
1.6. We will ask you to agree to these Terms of Use for Members when you create a Member Account. If you do not agree to these Terms of Use for Members, you must not create a Member Account on the Platform.
2. INFORMATION ABOUT US
2.1. The Platform is provided by Boink Technologies, Inc. ("Slushy", "we", "our", or "us"). Slushy is a company registered in Delaware, United States of America.
2.2. If you would like to get in touch with us, you can write to us:
by email to support@slushy.com;
by post to Boink Technologies, Inc., 2045 Biscayne Blvd. Suite 118, Miami, FL 33137.
3. INFORMATION ABOUT YOU
3.1. Your privacy is important to us. Please read our Privacy Notice to understand how we collect, use and disclose information about you.
4. IMPORTANT WARNINGS
4.1. We will need to conduct certain checks to verify your identity in order for you to use certain Member Features, as further set out in the Compliance Levels & Permissions Charts. We may refuse to provide you with some or all of the Member Features if we are unable to do this.
4.2. We do not create Content; any Content made available through the Platform is provided by Creators. When you subscribe for paid Content from a Creator, you enter into a direct agreement with that Creator. While we do our best to ensure that we only work with verified Creators that have gone through a vetting process, the Creator ultimately determines what Content the Creator posts to the Platform (if any). Creators, and not us, are responsible for ensuring that the Content you subscribe for is of satisfactory quality and matches any descriptions or provided by that Creator.
4.3. Your Member Account is linked to your mobile phone number and email address. In order to authenticate you and allow you to access your Member Account, we will send a one-time password to the mobile phone number or email address associated with your Member Account each time you log in to your Member Account. If you change your mobile phone number, if your mobile phone is lost or stolen, or if your email account is compromised, you must ensure that you update the contact details associated with your Member Account. You will lose access to your Member Account if you are unable to access the mobile phone or email associated with your Member Account, and a third party may gain access to your Member Account if your mobile phone is stolen or your email account compromised. We will not be responsible to you for any losses that you suffer as a result, unless we fail to implement any updates to your contact details requested by you in a timely manner.
5. CREATING A MEMBER ACCOUNT
5.1. To become a Member, you must:
be eligible to use the Platform in accordance with the Terms of Service, including as follows:
you must be at least 18 years or older and capable in your country of residence of entering into a legally binding agreement; and
you must not have been previously banned by us from using the Platform; and
be resident in one of our supported countries listed here.
5.2. You can create a Member Account using the applicable functionalities on the Platform. When you create a Member Account, you will need to:
provide your mobile phone number and your email address;
provide your date of birth, your gender and confirm that you are at least 18 years old;
choose a public handle which will be associated with your Member Account;
agree to these Terms of Use for Members.
5.3. We will use the contact details associated with your Member Account to send you one-time passwords to authenticate you and allow you to access your Member Account, as well as for Member Account recovery. You should therefore ensure that any details you provide when creating a Member Account are accurate, and that you keep the information associated with your Member Account up to date, as we will not be responsible to you for any delays or failure to access or recover your Member Account if you fail to provide accurate details or keep your information up to date.
5.4. You should immediately update your details if your phone is lost or stolen, or if you believe that your email account is compromised. A third party with access to your phone or email account may be able to access your Member Account, and we will not be responsible to you for any losses you suffer as a result unless this is as a result of our failure to implement any changes to your account details in a timely manner. The Platform supports multi-factor authentication, and we encourage you to activate this feature to provide additional security for your Member Account.
6. VERIFYING YOUR IDENTITY
6.1. We will need to verify your identity and conduct certain checks on you in order to give you access to certain Member Features. The Member Features you will have access to will depend on the checks that we have conducted, as set out in the Compliance Levels & Permissions Charts.
6.2. We may ask you to provide certain information to help us verify your identity. You must ensure that any information you provide is accurate, as we will not be responsible to you if we are unable to verify your identity because of any errors or omissions in the information you have provided to us.
6.3. Your identity may be subject to verification including, but not limited to, validation against third party databases or the verification of one or more official government or legal documents that confirm your identity and your place of residence.
6.4. We may perform (or instruct a third party to perform on our behalf) a credit check, which may leave a soft footprint on your credit history. This will not affect your credit rating.
6.5. We may refuse to provide you with some or all of the Member Features if we are unable to verify your identity.
7. SOCIAL FEATURES, LIVE CHAT, LIVE VIDEO AND PROFILE IMAGE
7.1. We may, as part of the Member Features, allow you to:
send direct messages containing text, images and videos to Creators through the Platform ("Direct Messages");
engage with Creators through live one-to-one video chats on the Platform ("Live Video"), (collectively, the "Social Features").
7.2. You must ensure that your use of the Social Features, including any images, text or information that you upload to the Platform when you use the Social Features, complies with our Acceptable Use Policy.
complies with our Acceptable Use Policy; and
does not depict, show or feature (in whole or in part) any other person other than yourself.
7.3. You can personalise your Member Account by adding a profile photo or image and bio (your "Profile Content"). You must ensure that your Profile Content:
complies with our Acceptable Use Policy;
does not contain any sexually explicit content, such as full or partial nudity, and/or simulated sex or any other sexual act; and
does not depict, show or feature (in whole or in part) any other person other than yourself.
7.4. We may
a.monitor any Direct Messages and Profile Content and reject, refuse or delete any Direct Messages or Profile Content where we think that it breaks any rules set out in our Acceptable Use Policy or this paragraph 7;
b. blur or otherwise conceal any sexually explicit content, such as full or partial nudity, and/or simulated sex or any other sexual act, that you include in any Direct Messages, and make such content visible to the recipient only with their consent; and
c. record Live Chats and live-streamed Content and review them to ensure they comply with our Acceptable Use Policy.
If you believe that any Direct Messages you receive from a Creator, or any Live Chats you engage in with a Creator, violate our Acceptable Use Policy, please notify us in accordance with our Content Reporting Policy.
7.5. We do not claim ownership of your Direct Messages or Profile Content, and ownership will remain with you and any third party whose content you include in your Direct Messages or Profile Content. Instead, you grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the Direct Messages and Profile Content anywhere and in any form for the purposes of providing the Platform (including allowing Creators to whom you send messages containing Direct Messages to view and use your Direct Messages).
7.6. You must ensure that you are able to grant us the above licence for any content owned by a third party that you include in your Direct Messages or Profile Content.
7.7. Any recordings of Live Chats and live-streamed Content that we make will belong to us.
7.8. Our right to use your Direct Messages and Profile Content, and our ownership of the recordings we make of Live Chats and live-streamed Content, does not in any way affect your privacy rights or any rights you have in your image or likeness. Please see our Privacy Notice which provides information on how we collect, use and disclose information about you.
8. SUBSCRIPTIONS AND PURCHASES
8.1. We do not charge you a fee to access the Platform. However, in order to send direct messages to Creators through the Platform or access certain Content from a particular Creator (the "Subscription Content"), that Creator may charge you a monthly subscription fee. Creators may also:
make access to certain Content available for one-off purchase;
offer for purchase the opportunity to engage with you in Live Chats,;
charge an additional fee for you to send them Direct Messages; and
charge a higher fee for you to send them priority Direct Messages that are also notified to them by text message,
8.2. If you subscribe for Subscription Content or if you purchase Paid Features, we will collect the subscription fee in respect of that Subscription Content (the "Subscription Fee") or the purchase price in respect of that Paid Feature (the "Purchase Price") from you on behalf of the relevant Creator.
8.3. You can also send monetary one-off "tips" to Creators in the amount selected by you, using the applicable functionalities of the Platform ("Tips").
9. MAKING PAYMENTS, PURCHASING AND REDEEMING CREDITS
9.1. In order to subscribe for Subscription Content, purchase Paid Features, or give a Tip ("Premium Activities"), you will need to provide details of a valid payment method, or purchase and redeem "Slushy Wallet Credits". Slushy Wallet Credits are a currency specific to the Platform, are only redeemable for Premium Activities on the Platform, have no value other than for purchases made on the Platform, and cannot be redeemed for cash.
9.2. We will ask you to provide details of a valid payment method when you first purchase a Premium Activity or purchase Slushy Wallet Credits. The payment methods that we accept will be displayed to you on the payments page on the Platform.
9.3. When you first add the details of your chosen payment method, or when you update your payment method, your card may be charged ten US cents ($0.10) to validate the payment card and billing details that you have entered. We may refuse to process any payment that you make from a card or that is not in your name.
9.4.All payments under twenty US dollars ($20) that you make through the Platform using your payment card are subject to an administration fee (the "Admin Fee"). The Admin Fee will be displayed to you on the Platform during the payment process and charged to your payment card in addition to any amounts you pay through the Platform. Where applicable, by proceeding with a purchase on the Platform, you authorize to charge the Admin Fee to your chosen payment method.
9.5. When you submit your order for Premium Activities, we will ask you to select whether you wish to redeem your Slushy Wallet Credits to pay the Subscription Fee, Purchase Price or Tip (the "Member Payment"). If you choose to redeem Slushy Wallet Credits and have enough Slushy Wallet Credits to make the relevant Member Payment, we will, on behalf of the Creator, deduct the value of the relevant Member Payment from the balance of your Slushy Credits. If you do not have enough Slushy Wallet Credits to make the full Member Payment, we will charge the remainder of the Member Payment after applying your Slushy Wallet Credits to your chosen payment method.
9.6. By proceeding with a purchase of any Premium Activities:
where you have selected to redeem Slushy Wallet Credits, you authorize us, on behalf of the Creator, to deduct the amount of Slushy Wallet Credits equal to the Member Payment from your balance or, if you have insufficient Slushy Wallet Credits to cover the full Member Payment, deduct all of your Slushy Wallet Credits from your balance; and
where you have selected to pay using the payment method you have added to your Member Account, or you have insufficient Slushy Wallet Credits to cover the full Member Payment, you authorize us to charge, on behalf of the Creator, the relevant Member Payment amount, or the balance of the Member Payment after applying your Slushy Wallet Credits, to your chosen payment method.
9.7. You can view the available balance of your Slushy Wallet Credits on your Member Account and purchase Slushy Wallet Credits using the applicable functionality on the Platform. When you purchase Slushy Wallet Credits, you will need to select the amount of Slushy Wallet Credits that you wish to purchase. By proceeding with a purchase of Slushy Wallet Credits, you authorize us to charge the value of the Slushy Wallet Credits you have selected to purchase, as displayed to you on the order review page, to your chosen payment method.
9.8. If you select the auto-refill feature on your Member Account, we will automatically top up the balance of your Slushy Wallet Credits when it drops below a certain amount. You can choose the minimum amount of Slushy Wallet Credits that you wish to maintain (the "Auto-refill Balance") and the amount of Slushy Wallet Credits you wish to add automatically each time your balance drops below the Auto-refill Balance (the "Auto-refill Amount") when you set up the auto-refill feature. You can also change your Auto-refill Balance and Auto-refill Amount at any time by updating your settings on your Member Account.
9.9. By enabling the auto-refill feature, you authorize us to charge the value of the Auto-refill Amount to your chosen payment method each time the balance of your Slushy Wallet Credits drops below the Auto-refill Balance. You can switch off the auto-refill feature at any time by updating the settings on your Member Account.
10. SUBSCRIPTION RENEWALS
10.1. Each subscription will automatically renew a month after you initially paid the Subscription Fee and every month after that. When your subscription renews, we will charge you the applicable Subscription Fee for the next month on behalf of the relevant Creator. We will notify you in advance, on behalf of the relevant Creator, before the applicable renewal date that your subscription to Subscription Content is about to renew.
10.2. If you do not want to renew your subscription to the relevant Subscription Content, you will need to tell us at least twenty-four (24) hours before the subscription is due to renew by disabling auto-renew in respect of that Creator’s Subscription Content using the applicable functionality on the Subscriptions page on the Platform. If you decide not to renew a subscription, you will still be able to view the relevant Subscription Content until that subscription expires.
11. PURCHASING LIVE FEATURES
11.1. If you engage in a Live Chat with a Creator, the Creator will charge you a fee for each minute that the Live Chat lasts, subject to a minimum amount and duration set by that Creator. The fee for participating in, and minimum duration of the Live Chat will be displayed to you when you select the Live Chat feature on the Platform.
11.2. If you select to purchase Live Chat by redeeming Slushy Wallet Credits, by proceeding with a Live Chat you authorize us to deduct the relevant fee in respect of each minute that the Live Chat continues from the balance of your Slushy Wallet Credits. Unless you have enabled the auto-refill feature (as described in paragraph 9.5), your Live Chat will automatically end if you have insufficient Slushy Wallet Credits to continue the Live Chat.
11.3. If you select to purchase Live Chat using a payment method other than redeeming Slushy Wallet Credits, we will calculate the relevant fee based on the duration of your Live Chat, and charge that amount to your chosen payment method (together with the Admin Fee, if any) when the Live Chat ends.
11.4. Any live-streamed Content that a Creator makes available will have a set start time and end time, as determined by the Creator and displayed to you on the Platform. If you purchase access to live-streamed Content, your access to the live-streamed Content will end at the end time set by the Creator.
11.5. Any recordings of Live Chats and live-streamed Content that we make are used to review the Live Chats and live-streamed Content to ensure compliance with our Terms of Service, including our Acceptable Use Policy, and we do not make such recordings available to view through the Platform. Once your access to live-streamed Content ends or your Live Chat Period expires, you will no longer be able to access or re-watch any part of the live-streamed Content or the Live Chat.
12.GOODS AND SERVICES TAX (“GST”)
12.1. This paragraph 9 applies to the extent that GST applies to a supply made under these Terms of Use for Members. Any words capitalised in this paragraph have the meaning given to those words in the Australian A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Except under this paragraph, the consideration (the amount paid with respect to the Paid Features) for a Supply made under or in connection with this document does not include GST.
If a Supply made under or in connection with this document is a Taxable Supply, then at or before the time any part of the consideration for the Supply is payable:
a. the Recipient must pay the entity that makes the supply (“Supplier”) an amount equal to the total GST for the Supply, in addition to and in the same manner as the consideration otherwise payable under this document for that Supply; and
b. the Supplier must give the Recipient a Tax Invoice for the Supply.
The Recipient is not required to pay GST unless they are given a Tax Invoice for the Supply.
For clarity, the GST payable under paragraph 9(b) is correspondingly increased or decreased by any subsequent adjustment to the amount of GST for the Supply for which the Supplier is liable, however caused.
Where a Supply made under or in connection with this document is a Taxable Supply that satisfies the requirements of section 156-5 GST Act (“Progressive or Periodic Supply”), paragraph 9(b) applies to each component of the Progressive or Periodic Supply as if it were a separate Supply.
12.2 You acknowledge that if you are a Creator and make a Supply under or in connection with this document, it is your responsibility to seek your own advice on the taxation treatment of that Supply, and to register for GST and/or remit GST.
13. CANCELLATION
13.1.We hope that you enjoy any Subscription Content and Paid Features that you purchase through the Platform. All Content available through the Platform is created by Creators. Creators (and not us) are therefore responsible for ensuring that any Subscription Content or Content provided through the Paid Features is of a reasonable standard and quality and matches any descriptions they provide to you through the Platform.
13.2If you change your mind about a purchase you have made on the Platform, or are unhappy with the Subscription Content or Content provided through the Paid Features, you may be able to cancel your purchase and receive a full or partial refund of the Subscription Fee or Purchase Price you have paid. Please see our Cancellations, Refunds and Disputes Policy for further details. This does not affect your rights under the applicable law of the country in which you are resident.
14. CHANGES IN SUBSCRIPTION FEES
All Subscription Fees are determined by Creators. Creators may, from time to time, change their Subscription Fees. If this happens, we will let you know at least thirty (30) days before the change is due to take effect. If your subscription renews during this period, the Subscription Fee charged to you will not change until the next renewal date. If you do not agree to the change in Subscription Fee, you will need to cancel your subscription at least twenty-four (24) hours before the subscription is due to renew by disabling auto-renew in respect of that Creator’s Subscription Content using the applicable functionality on the Subscriptions page on the Platform, in which case your agreement with us will be terminated with respect to that Subscription on the date on which that Subscription ends.
15. ENDING YOUR MEMBERSHIP
15.1 If at any time you feel that you no longer agree with these Terms of Use for Members or any changes made to the Terms of Use for Members, the Member Features or the Platform, you must immediately stop using the Member Features and close your Member Account. You can do this by following the account deletion process on the Privacy Rights Request Center page. If you delete your account, your agreement with us in relation to the Platform will be terminated.
15.2 If you have purchased any subscriptions to Subscription Content, you will need to close your Member Account at least twenty-four (24) hours before the next subscription is due to renew. If you close your Member Account within fourteen (14) days of a Subscription commencing or renewing then we will refund you a portion of the relevant Subscription Fee for any unused portion of that subscription in accordance with our Cancellations, Refunds and Disputes Policy. Once a Subscription is cancelled, your agreement with us will be terminated with respect to that Subscription on the date on which that Subscription ends.
15.3 Please note that simply deleting the Slushy App from your device without cancelling your subscriptions will not end your subscriptions to Subscription Content or otherwise terminate any agreement between you and us.
15.4 if we end your use of the Platform as described in our Terms of Service:
your access to the Member Features, Subscription Content and Paid Features that you have purchased will also end;
we will not refund you any Subscription Fees, unless we end your use of the Platform because we are withdrawing the Platform;
we will allow you to download any Direct Messages and Profile Images that you have uploaded to the Platform in a commonly used format for a reasonable period of time, after which we may delete such information or content. If you would like to get a copy of this content, please contact us using the details in paragraph 2.2 of these Terms of Use for Members; and
your agreement with us with respect to the Platform and any Subscription will be terminated.
15.5 We recommend that you keep a copy of any information or content that you upload to the Platform, as we will not offer you compensation for any losses you might suffer if you lose your rights to access and use the Platform or any such information or content.
15.6 The termination of your use of the Platform or any agreement with us shall not affect any of your obligations to pay any sums due to us.
15.7 Nothing in this paragraph 12 affects any legal rights you may have under the law of the country in which you are resident.
16. DISPUTES AND CONTENT MODERATION
16.1 If you have a dispute with a Creator, you can contact us at support@slushy.com and we will do our best to mediate that dispute. This does not affect your rights under the applicable law of the country in which you are resident.
16.2 If you believe that any Content is illegal or violates our Acceptable Use Policy, you can report the Content, and we will review it, as set out in our Content Reporting Policy.
17. CHANGES TO THE DOCUMENTS
17.1 We may revise these Terms of Use for Members from time to time but the most current version will always be on this page on the Platform.
17.2 Changes will usually occur because of new features being added to the Platform, changes in the law or where we need to clarify our position on something.
17.3 Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not be able to provide you with any notice.
17.4 If we make any change or revision to these Terms of Use for Members that is detrimental to you and you do not agree with that change, you may terminate your agreement with us in accordance with paragraph 12.1 above.
18. LAW
These Terms of Use for Members form part of our Terms of Service and are governed by the law of the country you are in. The courts of that country will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Platform.
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