Terms and Conditions

1. Acceptance of Terms

By downloading, installing, accessing, or using Booji ("the App," "our Service"), you agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy. If you do not agree to these Terms, do not use the App.

2. Service Description

Booji is a private sensory and intimacy platform designed specifically for couples and romantic partners to:

• Feel each other's presence through Pulse — live status and device telemetry such as battery, network, silent/ring mode, weather, and location.
• Share moods and feelings through predefined emotions, expressions, and avatars.
• Send playful nudges ("Pokes") and propose dates.
• Track and celebrate anniversary dates and relationship milestones.
• Maintain relationship streaks and daily engagement.
• Exchange private text messages alongside these shared moments.

3. Eligibility and Account Requirements

3.1 Age Requirements

• You must be at least 16 years old to use Booji. We ask for your date of birth during onboarding and do not permit accounts for users under 16.
• If you are under the age of legal majority where you live (typically 18), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

3.2 Account Creation

• You must provide accurate, current, and complete information during registration.
• You can only create one account per person.
• You must use Google Sign-In authentication for account creation.
• You are responsible for maintaining the confidentiality of your account credentials.

3.3 Partner Connection

• Booji is designed for use between two connected partners only.
• You may only connect with one partner at a time.
• Both parties must consent to the connection.
• You may disconnect and reconnect with a new partner, but historical data may be retained as outlined in our Privacy Policy.

4. Acceptable Use Policy

4.1 Permitted Uses and Telemetry Consent

You may use Booji solely for its intended purpose of staying connected with your romantic partner through:

• Sharing moods, expressions, and avatars.
• Sending predefined nudges ("Pokes") and date proposals.
• Setting and tracking relationship milestones and anniversaries.
• Sending private text messages.
• Pulse Feature Consent: By using the "Pulse" feature, you explicitly consent to the App accessing and transmitting device status information to your connected partner. This may include device telemetry, weather, and location data. Location sharing requires your explicit OS-level permission and can be disabled at any time.
• Camera Access: Connecting with a partner may require local access to your device's camera solely for the purpose of scanning a connection QR code. We do not record or store video feeds from this action.
• Push Notifications: To keep you informed about partner nudges, new moments, anniversaries, and other important app activity, Booji requests permission to send you push notifications. You can manage, enable, or disable these notifications at any time through your device's operating system settings.

4.2 Prohibited Uses

You agree NOT to:

• Use the App for harassment, abuse, stalking, or threatening behavior.
• Share illegal, harmful, threatening, defamatory, or inappropriate content.
• Violate your partner's privacy or share their personal information without consent.
• Attempt to connect with multiple partners simultaneously.
• Use the App to share sexually explicit content involving minors.
• Reverse engineer, decompile, or attempt to extract the source code.
• Interfere with or disrupt the App's functionality or servers.
• Use automated scripts, bots, or other unauthorized access methods.
• Violate any applicable laws or regulations.

5. Content and User Responsibilities

5.1 Text Messages (User-Generated Content)

• The only user-generated content permitted on Booji consists of private text messages sent directly between you and your connected partner.
• You retain ownership of the text messages you send.
• Because our service is designed for privacy, text messages are transmitted securely. We do not proactively read, scan, or monitor your private communications unless required by law or to enforce safety policies. You are solely responsible for the text you send.

5.2 Provided Assets

• All visual elements, including but not limited to avatars, mood expressions, characters, and animations, are pre-defined and owned entirely by WhileTrue AI. You may not extract or use these assets outside of the App.

6. Privacy and Data Protection

Your use of Booji is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data in compliance with GDPR, UK GDPR, CCPA, and other applicable privacy laws.

7. Subscription and Payment Terms

• Booji is currently provided free of charge.
• We reserve the right to introduce paid features or subscriptions in the future.
• Any future paid features will be clearly disclosed with separate terms.
• Premium features, if introduced, will not affect the core features you already use.

8. Intellectual Property Rights

8.1 Our Rights

• The Booji app, including its design, features, avatars, expressions, and branding, is owned by WhileTrue AI.
• All intellectual property rights are protected by copyright, trademark, and other applicable laws.
• You receive a limited, non-transferable license to use the App for personal use only.

8.2 Trademark Guidelines

• You may not use our trademarks, logos, or branding without written permission.
• You may not create derivative works based on our intellectual property.
• Fair use for commentary or criticism is permitted under applicable copyright law.

9. Service Availability and Modifications

9.1 Service Availability

• We strive to maintain high service availability but cannot guarantee 100% uptime.
• Service may be temporarily unavailable due to maintenance, updates, or technical issues.
• We will provide reasonable notice of planned maintenance when possible.

9.2 Service Modifications

• We may modify, update, or discontinue features at our discretion.
• We will provide reasonable notice of significant changes that affect core functionality.
• Continued use after modifications constitutes acceptance of changes.

10. Disclaimers and Limitation of Liability

11. Indemnification

You agree to indemnify and hold harmless WhileTrue AI, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of Booji.
• Your violation of these Terms.
• Your content or conduct that infringes third-party rights.
• Your violation of applicable laws or regulations.

12. Account Suspension and Termination

12.1 Termination by User

• You may delete your account at any time through the app settings.
• Account deletion removes your profile data immediately, and your messages are made inaccessible to your partner at the same time.
• Message records are then permanently and automatically erased within 12 months, unless we are required to retain them to comply with a legal obligation or to establish, exercise, or defend a legal claim. See our Privacy Policy for details.

12.2 Termination by Us

We may suspend or terminate your account if you:

• Violate these Terms or our Privacy Policy.
• Engage in harmful or illegal conduct.
• Abuse, harass, or threaten other users.
• Use the service for unauthorized purposes.
• Remain inactive for an extended period (we'll provide reasonable notice).

12.3 Effect of Termination

• Upon termination, your right to use Booji ceases immediately.
• We may retain certain data as outlined in our Privacy Policy and as required by law.
• Provisions regarding intellectual property, liability, and indemnification survive termination.

13. Dispute Resolution

13.1 EU Residents

These Terms are governed by the laws of Germany. Any legal disputes will be subject to the jurisdiction of German courts. You retain all rights under applicable EU consumer protection laws.

13.2 UK Residents

For UK residents, these Terms are governed by the laws of England and Wales. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. Nothing in these Terms affects your statutory rights as a consumer under UK law, including the Consumer Rights Act 2015.

13.3 US Residents (Binding Arbitration and Class Action Waiver)

• Arbitration Agreement: Any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in English, and judgment on the award may be entered in any court having jurisdiction.
• Arbitration Fees: Filing fees and costs shall be allocated in accordance with the AAA Consumer Arbitration Rules. Each party bears their own attorney's fees unless the arbitrator awards them to the prevailing party.
• Class Action Waiver: You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
• Small Claims Exception: Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court's jurisdictional limits.

13.4 Informal Resolution

Before pursuing formal dispute resolution, please contact us at admin@whiletrue.ai. We will attempt to resolve disputes in good faith within 30 days. Most issues can be resolved through direct communication.

14. Changes to Terms

• We may update these Terms to reflect changes in law, service features, or business practices.
• Material changes will be communicated through the app or email with at least 30 days' notice.
• Continued use after changes take effect constitutes acceptance of the updated Terms.
• If you disagree with changes, you may terminate your account before they take effect.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WhileTrue AI regarding your use of Booji. They supersede any prior agreements or understandings.

17. Assignment

• You may not assign or transfer your rights under these Terms without our written consent.
• We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets.