These Terms of Use ("Terms") govern your access to and use of BAD AFFIRMATIONS, including our website, mobile application, features, content, artificial-intelligence-powered features, community features, LIVE feed, subscriptions, and related services (collectively, the "Service").
BAD AFFIRMATIONS is owned and operated by Lilac Creative Studio LLC ("BAD AFFIRMATIONS," "Company," "we," "us," or "our").
For purposes of these Terms, the "BAD AFFIRMATIONS Parties" means BAD AFFIRMATIONS, Lilac Creative Studio LLC, and their respective owners, officers, directors, employees, contractors, agents, affiliates, successors, licensors, and service providers, where applicable.
Please read these Terms carefully.
By creating an account, checking the box indicating that you agree to these Terms, purchasing a subscription, accessing the Service, or otherwise using BAD AFFIRMATIONS, you acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, do not create an account or use the Service.
1. IMPORTANT CONTENT NOTICE
BAD AFFIRMATIONS IS A COMEDY AND ENTERTAINMENT PRODUCT.
The Service intentionally contains satire, sarcasm, dark humor, irreverent humor, profanity, exaggerated statements, intentionally terrible advice, absurd suggestions, fictional scenarios, mature themes, and material that some people may consider offensive, inappropriate, uncomfortable, insensitive, shocking, vulgar, crude, or in poor taste.
You understand that this is an intentional part of the nature and concept of BAD AFFIRMATIONS.
The name "BAD AFFIRMATIONS," phrases such as "terrible advice," and other statements presented through the Service are part of the comedic concept of the product and should not be interpreted as instructions to engage in dangerous, illegal, harmful, reckless, abusive, or otherwise inappropriate behavior.
We do not guarantee that you will find any particular joke, response, post, suggestion, affirmation, punchline, comment, image, or other content funny, appropriate, accurate, tasteful, or inoffensive.
By choosing to use BAD AFFIRMATIONS, you acknowledge that you may encounter material that you personally dislike, disagree with, or find offensive.
The fact that content is intended as comedy does not mean that anything is permitted on the Service. Content that violates these Terms, applicable law, another person's rights, or applicable platform requirements may be removed, restricted, or otherwise moderated.
2. ENTERTAINMENT ONLY. DO NOT RELY ON BAD AFFIRMATIONS AS ADVICE.
BAD AFFIRMATIONS is a comedy and entertainment product.
It is intentionally designed to generate or display satire, sarcasm, dark humor, exaggerated statements, absurd suggestions, intentionally questionable judgment, and deliberately "bad" advice for comedic effect.
Nothing displayed, generated, posted, suggested, or communicated through BAD AFFIRMATIONS should be interpreted as a factual recommendation, instruction, endorsement, warning, professional opinion, or direction to take any particular action.
BAD AFFIRMATIONS may intentionally present suggestions, statements, jokes, affirmations, punchlines, responses, or "advice" that would be irresponsible, inappropriate, impractical, offensive, unsafe, unreasonable, or obviously absurd if taken literally.
The fact that the Service generates, displays, or allows another user to publish such content does not mean that BAD AFFIRMATIONS recommends, encourages, endorses, approves, or guarantees the conduct described.
DO NOT TAKE BAD AFFIRMATIONS LITERALLY.
You are solely responsible for deciding whether to act, not act, communicate with another person, contact another person, make a purchase, spend money, quit or change a job, enter or end a relationship, travel somewhere, consume a substance, participate in an activity, confront another person, publish something, or make any other decision after using the Service.
You agree to use your own independent judgment, common sense, and consideration of your individual circumstances before taking any action.
You remain responsible for your actions, decisions, communications, conduct, relationships, purchases, and personal safety regardless of anything generated, displayed, posted, or communicated through BAD AFFIRMATIONS.
Nothing provided through BAD AFFIRMATIONS constitutes medical, psychological, psychiatric, mental-health, legal, financial, investment, tax, employment, relationship, personal-safety, crisis, or other professional advice.
You should not make important personal, medical, financial, legal, employment, safety, or relationship decisions solely or primarily because of content generated, displayed, suggested, or posted through BAD AFFIRMATIONS.
BAD AFFIRMATIONS is not a substitute for a doctor, therapist, psychiatrist, attorney, accountant, financial adviser, emergency service, law-enforcement agency, crisis resource, or other qualified professional.
You understand and agree that your actions and decisions remain your responsibility regardless of whether BAD AFFIRMATIONS generated, displayed, joked about, recommended, referenced, or otherwise communicated about the subject of those actions.
To the maximum extent permitted by applicable law, the BAD AFFIRMATIONS Parties are not responsible for injury, loss, damages, disputes, embarrassment, reputational consequences, relationship consequences, employment consequences, financial losses, legal consequences, emotional distress, or other outcomes resulting from a user's decision to interpret comedic, satirical, AI-generated, or user-generated content as real-world advice or instruction.
If you or another person may be in immediate danger or experiencing a medical, mental-health, safety, or other emergency, do not rely on BAD AFFIRMATIONS. Contact appropriate emergency services or a qualified professional.
3. AI-GENERATED CONTENT
Certain BAD AFFIRMATIONS features may use artificial intelligence, machine learning, automated systems, or third-party AI providers to generate jokes, punchlines, comments, suggestions, responses, captions, affirmations, commentary, or other content.
AI systems can produce inaccurate, inappropriate, unexpected, offensive, nonsensical, incomplete, biased, misleading, or otherwise undesirable output.
AI-generated content may occasionally misunderstand the context of a request.
AI-generated content is not necessarily reviewed or verified by a human before it is displayed.
You should not assume that AI-generated content is factually correct merely because it sounds confident, detailed, convincing, or specific.
AI-generated content is provided for entertainment purposes.
You are responsible for determining whether and how you use any AI-generated output.
You must not use BAD AFFIRMATIONS to intentionally generate material designed to facilitate serious illegal activity, violence, exploitation, harassment, credible threats, self-harm, abuse, fraud, or other conduct prohibited by these Terms.
We may modify, restrict, filter, refuse, moderate, or discontinue AI-generated responses or AI features at any time.
4. ELIGIBILITY AND AGE REQUIREMENT
You must be at least 18 years old to create an account or use BAD AFFIRMATIONS.
By creating an account or using the Service, you represent and warrant that you are at least 18 years old and legally capable of entering into these Terms.
BAD AFFIRMATIONS is intended for adults and is not directed to children or minors.
If we reasonably believe that an account belongs to someone under 18, we may suspend or delete the account and associated information as permitted or required by law.
5. YOUR ACCOUNT
Some BAD AFFIRMATIONS features require an account.
You agree to provide accurate information when creating an account and to keep your account information reasonably current.
You are responsible for maintaining the confidentiality and security of your login credentials.
You are responsible for activity occurring through your account unless applicable law provides otherwise.
You may not impersonate another person, falsely represent your identity or affiliation, create an account for someone without authorization, or knowingly use another person's account without permission.
If you believe someone has gained unauthorized access to your account, contact us promptly at contact@lilac.agency.
6. USERNAMES, HANDLES AND PROFILES
BAD AFFIRMATIONS may allow you to create a handle, username, profile image, biography, or other public-facing account information.
You are responsible for information you include in your profile.
Your username, handle, or profile may not impersonate another person or organization, infringe intellectual-property rights, deceptively imply an affiliation, contain credible threats, or otherwise violate these Terms.
We may remove or require you to change a username, handle, profile, image, or other profile content where reasonably necessary to protect another person, protect intellectual property, prevent fraud or impersonation, comply with applicable law, satisfy platform requirements, or operate the Service.
7. LIVE AND USER-GENERATED CONTENT
BAD AFFIRMATIONS may allow users to publish jokes, punchlines, comments, images, profile information, captions, reactions, or other material through LIVE and other community features.
Content submitted or posted by users is referred to as "User Content."
You are solely responsible for User Content you submit.
You represent and warrant that you own your User Content or otherwise have all rights, licenses, consents, and permissions necessary to submit it and allow BAD AFFIRMATIONS to use it as described in these Terms.
You must not upload or publish content merely because you possess or have access to it if you do not have the right to publish or distribute it.
You retain ownership of User Content you create.
When you publish User Content through LIVE or another public or social portion of BAD AFFIRMATIONS, you grant the BAD AFFIRMATIONS Parties a non-exclusive, worldwide, royalty-free, transferable and sublicensable license to host, store, reproduce, display, format, transmit, distribute, and technically modify that User Content as reasonably necessary to operate, provide, display, moderate, market, promote, and improve the Service.
This license does not transfer ownership of your User Content to BAD AFFIRMATIONS.
The license generally ends when your User Content is deleted from our active systems, except where copies must temporarily remain in backups, information must be retained for security or legal purposes, or material has already been used in authorized promotional or operational materials.
Content you intentionally publish through LIVE or another public portion of BAD AFFIRMATIONS should be treated as public.
Other users may see, react to, like, share, screenshot, save, discuss, quote, or otherwise interact with publicly available material.
BAD AFFIRMATIONS cannot control what another person does with information after that person legitimately views or captures publicly available content.
Do not publish information you do not want other people to see.
8. PHOTOS, SCREENSHOTS AND OTHER UPLOADS
BAD AFFIRMATIONS may allow you to upload photographs, screenshots, images, text, or other material for AI analysis, generation, commentary, humor, or other features.
You represent that you have the legal right to upload the material you submit.
Do not upload confidential information, financial credentials, passwords, Social Security numbers, government identification numbers, highly sensitive medical information, intimate images, or private communications you do not have permission to share.
If an image or screenshot contains another identifiable person, you are responsible for ensuring that your submission and intended use are lawful and do not violate that person's privacy, publicity, intellectual-property, contractual, or other rights.
Uploading another person's image does not give you permission to harass, defame, threaten, sexually exploit, impersonate, humiliate, or violate the privacy of that person.
9. COMMUNITY RULES, ADULT HUMOR AND SEXUAL CONTENT
BAD AFFIRMATIONS is intended for adults and may contain mature themes, profanity, sexual jokes, dark humor, innuendo, dating humor, and other irreverent content.
Adult or sexual humor is not automatically prohibited simply because it is explicit, offensive, crude, provocative, inappropriate, or uncomfortable to some users.
However, BAD AFFIRMATIONS is not an unrestricted pornography, harassment, exploitation, or sexual-content platform.
You may not use the Service to post, upload, transmit, request, generate, distribute, or promote pornography or graphic sexual imagery; sexually explicit images or videos; sexual content involving minors or any person presented as a minor; sexual exploitation or trafficking; non-consensual intimate imagery; secretly recorded sexual material; sexual extortion or blackmail; sexual threats; unwanted sexual harassment directed at another person; content encouraging or celebrating sexual violence; content depicting or promoting non-consensual sexual activity; or other sexual material that is unlawful, exploitative, abusive, or creates a serious safety risk.
You may not upload, publish, or distribute intimate, nude, sexually explicit, or sexually private content depicting another person unless you have all permissions legally required to possess and distribute that material.
Consent to take, send, or receive an image does not necessarily constitute consent to publish, distribute, upload, modify, generate derivative material from, or use that image through BAD AFFIRMATIONS.
You may not use BAD AFFIRMATIONS to sexually harass another person, repeatedly send unwanted sexual content to another user, pressure another person into sexual interaction, threaten to expose intimate material, impersonate another person in sexual content, or use another person's image to create sexually explicit or sexually humiliating material without authorization.
You may not use the Service to facilitate sexual exploitation, trafficking, abuse, or other unlawful sexual conduct.
We may remove sexual content or restrict its visibility even when the content is not otherwise illegal if we reasonably determine that it creates a safety concern, violates another person's rights, violates applicable platform requirements, materially interferes with the community, or is inconsistent with the intended operation of BAD AFFIRMATIONS.
We may consider context, including whether content is clearly comedic, whether it targets an identifiable person, whether the person depicted or discussed consented, whether the content is graphic, whether it is being used to harass another person, and whether it presents a credible safety risk.
These rules do not prohibit ordinary consensual adult humor, sexual innuendo, jokes about dating or sex, or other mature comedic content merely because some users may consider it offensive.
In addition, you may not use the Service to make credible threats of violence; encourage violence against a specific person; stalk, intimidate, or harass another person; repeatedly target someone with unwanted abusive conduct; publish another person's private identifying information without authorization; promote terrorism; facilitate serious criminal conduct; exploit minors; unlawfully discriminate against or target another person with hateful abuse; impersonate another person for fraudulent or harmful purposes; distribute malware; circumvent security systems; manipulate engagement through unauthorized means; operate unauthorized bots; scrape the Service without authorization; or otherwise use BAD AFFIRMATIONS unlawfully.
We reserve the right to determine whether content violates these Terms and to remove content, limit its distribution, restrict features, issue warnings, suspend accounts, or permanently terminate accounts when reasonably necessary to protect users, comply with law or platform requirements, protect third-party rights, or maintain the Service.
10. MODERATION, REPORTING AND BLOCKING
BAD AFFIRMATIONS may provide tools allowing users to repo
We may use automated and manual systems to identify, filter, restrict, or remove objectionable or prohibited content.
We may review reported content, accounts, or activity, but we are not obligated to monitor every piece of User Content before or after it appears.
We may remove, restrict, reduce visibility of, disable access to, or preserve content when we reasonably believe doing so is appropriate to enforce these Terms, comply with applicable law, respond to intellectual-property claims, satisfy platform requirements, protect users, investigate abuse, or protect the BAD AFFIRMATIONS Parties.
We may warn, restrict, suspend, or permanently terminate accounts for violations.
We may take action without providing advance notice when reasonably necessary for safety, security, legal compliance, fraud prevention, or protection of other users.
Our decision not to remove particular content does not constitute an endorsement or approval of that content.
If you encounter content or behavior that you believe violates these Terms, use the reporting functionality provided through the Service or contact contact@lilac.agency.
11. LIKES, FOLLOWS AND SOCIAL FEATURES
BAD AFFIRMATIONS may allow users to like content, follow accounts, approve or deny followers, view engagement information, or interact socially.
These features are provided for entertainment and community participation.
Engagement numbers may change because of deleted accounts, removed content, moderation actions, technical issues, anti-spam measures, security systems, or other operational reasons.
We do not guarantee any particular amount of visibility, reach, likes, followers, ranking, placement, engagement, or popularity.
12. SAVED CONTENT AND PERSONALIZATION
The Service may allow you to save, heart, rate, like, dislike, or otherwise interact with content.
We may use these interactions to operate the Service, maintain your saved content, personalize your experience, understand what styles of comedy you prefer, and improve BAD AFFIRMATIONS.
We do not guarantee that saved content will remain available permanently.
Content may become unavailable because it is deleted, removed, moderated, technically unavailable, changed, or no longer supported.
13. SUBSCRIPTIONS AND PREMIUM FEATURES
BAD AFFIRMATIONS may offer paid features, including recurring Premium subscriptions.
The price, billing period, included features, renewal terms, and applicable trial or promotional terms will be presented to you before you complete a purchase.
If a subscription is described as automatically renewing, it will continue to renew for the disclosed billing period until canceled in accordance with the purchase terms.
You must affirmatively authorize a paid subscription before being charged.
If you purchase a subscription through the Apple App Store, Google Play, or another third-party marketplace, your transaction may also be governed by that marketplace's payment, subscription, cancellation, and refund rules.
You are responsible for managing or canceling your subscription through the platform through which you purchased it when required by that platform.
Deleting BAD AFFIRMATIONS from your device does not necessarily cancel an active subscription.
Deleting your BAD AFFIRMATIONS account also may not automatically cancel a subscription billed independently through an app marketplace.
Before deleting your account, you should review and, if desired, cancel any active subscription through the applicable marketplace.
Unless otherwise required by applicable law or marketplace policies, charges already incurred are non-refundable.
We may change subscription pricing or features prospectively in accordance with applicable law and marketplace requirements.
14. FREE TRIALS AND PROMOTIONS
If we offer a free or discounted trial that converts into a paid subscription, the duration of the trial, price after the trial, renewal frequency, and cancellation process will be disclosed before enrollment.
Where required by law, we will provide applicable renewal reminders or notices.
Promotions may have additional terms and may be modified or discontinued to the extent permitted by law.
15. BAD AFFIRMATIONS INTELLECTUAL PROPERTY
Except for User Content and third-party material, BAD AFFIRMATIONS and the content and technology associated with the Service, including our name, branding, logos, original written material, jokes, visual design, interface, graphics, illustrations, software, features, and other materials, are owned by or licensed to Lilac Creative Studio LLC and are protected by applicable intellectual-property laws.
These Terms give you a limited, personal, non-exclusive, non-transferable, revocable right to use the Service for its intended purposes.
They do not transfer ownership of BAD AFFIRMATIONS intellectual property to you.
You may use built-in sharing functionality provided by BAD AFFIRMATIONS to share content in the manner the applicable feature is designed to permit.
You may not copy, reproduce, sell, license, scrape, systematically extract, commercially exploit, reverse engineer where prohibited by law, or create an unauthorized competing database using proprietary BAD AFFIRMATIONS content or technology except as permitted by applicable law or with our written authorization.
16. FEEDBACK
If you voluntarily send us suggestions, concepts, ideas, product feedback, feature requests, or other feedback regarding BAD AFFIRMATIONS, you grant Lilac Creative Studio LLC permission to use that feedback without restriction or compensation to you.
This does not transfer ownership of unrelated User Content you publish through the Service.
17. COPYRIGHT COMPLAINTS
We respect intellectual-property rights.
If you believe material posted through BAD AFFIRMATIONS infringes your copyright, you may contact contact@lilac.agency with sufficient information for us to identify the copyrighted work, locate the allegedly infringing material, understand the basis of your complaint, and contact you.
If Lilac Creative Studio LLC registers a designated agent pursuant to the Digital Millennium Copyright Act, our designated-agent information will be published as required by applicable law.
We may remove or disable allegedly infringing content and may terminate repeat infringers where appropriate.
18. THIRD-PARTY SERVICES
BAD AFFIRMATIONS may rely on or interact with third-party services including authentication providers, cloud-hosting providers, artificial-intelligence providers, analytics providers, payment processors, subscription services, app marketplaces, social-sharing services, and external websites.
We do not control independent third-party services and are not responsible for their independent acts, availability, content, security, or privacy practices.
Your use of third-party services may also be subject to their terms and privacy policies.
App Marketplace Terms. If you download BAD AFFIRMATIONS through the Apple App Store, these Terms are between you and Lilac Creative Studio LLC only, not Apple. Apple is not responsible for the Service or its content and has no obligation to provide maintenance or support. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the Service, and any claims, losses, or costs relating to the Service — including product liability, legal or regulatory compliance, consumer-protection, and intellectual-property claims — are our responsibility, not Apple's. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. If you download the Service through Google Play, your use is also subject to the Google Play Terms of Service, and the same allocation of responsibility applies as between you and us.
19. SERVICE AVAILABILITY AND CHANGES
We may add, modify, replace, suspend, restrict, or discontinue any portion of BAD AFFIRMATIONS at any time.
The Service may occasionally be unavailable because of maintenance, software errors, infrastructure problems, third-party outages, security issues, updates, or other circumstances.
We do not guarantee uninterrupted availability or that every feature will remain available indefinitely.
20. ACCOUNT TERMINATION AND DELETION
You may stop using BAD AFFIRMATIONS at any time.
You may initiate deletion of your BAD AFFIRMATIONS account through the account or Settings area of the Service.
Deleting the app from your device is not the same as deleting your account.
Account deletion is intended to delete the entire account and associated personal information and User Content that Lilac Creative Studio LLC is not legally required or otherwise lawfully permitted to retain.
We may retain limited information when reasonably necessary for legal obligations, security, fraud prevention, dispute resolution, enforcement of these Terms, transaction records, protection against abuse, or other lawful purposes.
Deleted information may remain temporarily in backup systems until those backups are overwritten in accordance with our normal retention cycle.
An active subscription purchased through an app marketplace may need to be canceled separately through that marketplace.
We may suspend, restrict, or terminate your account or access to particular features if we reasonably determine that you have materially or repeatedly violated these Terms, created a safety or security risk, exposed us or another person to legal liability, abused other users, manipulated the Service, or used BAD AFFIRMATIONS unlawfully.
21. NO GUARANTEE REGARDING OTHER USERS
BAD AFFIRMATIONS does not control the conduct of every user.
We do not guarantee that another user's profile, statements, identity, intentions, jokes, posts, or representations are accurate.
You are responsible for exercising appropriate judgment when interacting with other users online or offline.
BAD AFFIRMATIONS is not responsible for private arrangements, communications, meetings, transactions, relationships, disputes, or other interactions between users except to the extent liability cannot legally be excluded.
22. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAD AFFIRMATIONS AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE."
THE BAD AFFIRMATIONS PARTIES MAKE NO WARRANTY THAT THE SERVICE WILL ALWAYS BE AVAILABLE, ERROR-FREE, ACCURATE, COMPLETE, SECURE, APPROPRIATE, NON-OFFENSIVE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.
WE DO NOT WARRANT OR ENDORSE USER CONTENT OR AI-GENERATED CONTENT.
WE DO NOT GUARANTEE THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR THAT ANY PARTICULAR JOKE, SUGGESTION, RESPONSE, POST, OR OTHER CONTENT WILL BE APPROPRIATE FOR YOU.
YOU USE THE SERVICE AND RELY ON CONTENT AT YOUR OWN DISCRETION AND RISK.
Nothing in these Terms excludes warranties or legal rights that cannot lawfully be excluded.
23. ASSUMPTION OF RISK AND USER RESPONSIBILITY
You understand that BAD AFFIRMATIONS intentionally contains content that may be absurd, provocative, offensive, inappropriate, or deliberately irresponsible for comedic purposes.
You voluntarily choose to use the Service with knowledge of that nature.
You remain responsible for your own conduct and decisions.
To the maximum extent permitted by law, you assume the risks ordinarily associated with choosing to act upon, repeat, publish, share, rely upon, or otherwise use comedic, AI-generated, or User Content outside the Service.
You agree that the mere appearance of a statement or suggestion through BAD AFFIRMATIONS does not constitute an instruction, endorsement, representation of fact, or guarantee by any BAD AFFIRMATIONS Party.
24. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BAD AFFIRMATIONS PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE.
THIS INCLUDES, TO THE EXTENT PERMITTED BY LAW, DAMAGES ARISING FROM RELIANCE ON COMEDIC CONTENT, SATIRICAL CONTENT, AI-GENERATED CONTENT, USER CONTENT, ACTIONS TAKEN BASED ON CONTENT, LOSS OF DATA, LOSS OF PROFITS, LOST BUSINESS OPPORTUNITIES, REPUTATIONAL HARM, PERSONAL EMBARRASSMENT, RELATIONSHIP CONSEQUENCES, EMPLOYMENT CONSEQUENCES, FINANCIAL LOSSES, OR THE CONDUCT OF ANOTHER USER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE BAD AFFIRMATIONS PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
(A) THE AMOUNT YOU PAID DIRECTLY TO BAD AFFIRMATIONS DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not permit certain exclusions or limitations of liability.
Accordingly, some limitations may not apply to you.
Nothing in these Terms limits or excludes liability that applicable law does not permit us to limit or exclude.
25. RELEASE
To the maximum extent permitted by applicable law, you release the BAD AFFIRMATIONS Parties from claims, demands, damages, losses, liabilities, rights, and causes of action arising solely from disputes between you and another user, your voluntary reliance on comedic or satirical content, or your voluntary decision to take actions based on User Content or AI-generated content.
This release does not apply to claims or rights that cannot legally be released or waived.
Nothing in this section releases a BAD AFFIRMATIONS Party from liability to the extent such liability cannot lawfully be released.
26. INDEMNIFICATION
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the BAD AFFIRMATIONS Parties from third-party claims, damages, liabilities, judgments, costs, and reasonable legal expenses arising from your unlawful User Content, your material violation of these Terms, your infringement or violation of another person's intellectual-property, privacy, publicity, or other legal rights, your fraudulent or unlawful conduct through the Service, or your unauthorized use of another person's content, image, identity, or account.
This obligation will not apply to the extent a claim was caused by the unlawful conduct of a BAD AFFIRMATIONS Party or where applicable consumer law prohibits such an obligation.
27. PRIVACY
Our collection and use of personal information is described in the BAD AFFIRMATIONS Privacy Policy.
The Privacy Policy is incorporated into these Terms by reference.
28. DISPUTE RESOLUTION AND INFORMAL RESOLUTION
PLEASE READ SECTIONS 28 THROUGH 32 CAREFULLY.
THESE SECTIONS AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE CERTAIN LAWSUITS IN COURT, HAVE A JURY DECIDE A DISPUTE, OR PARTICIPATE IN A CLASS ACTION.
Before either you or BAD AFFIRMATIONS begins arbitration concerning a dispute, the party raising the dispute agrees to provide the other party with written notice describing the nature of the dispute and the relief requested.
Notices to BAD AFFIRMATIONS must be sent to contact@lilac.agency.
The parties will attempt in good faith to resolve the dispute informally for at least thirty (30) days after receipt of the notice before initiating arbitration, unless immediate action is reasonably necessary or applicable law prohibits requiring this informal process.
29. AGREEMENT TO INDIVIDUAL BINDING ARBITRATION
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LILAC CREATIVE STUDIO LLC AGREE THAT DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO BAD AFFIRMATIONS, THE SERVICE, THESE TERMS, YOUR ACCOUNT, YOUR PURCHASE OR SUBSCRIPTION, OR YOUR RELATIONSHIP WITH ANY BAD AFFIRMATIONS PARTY WILL BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN THROUGH A LAWSUIT IN COURT.
IN OTHER WORDS, EXCEPT FOR THE LIMITED EXCEPTIONS DESCRIBED BELOW, YOU AGREE NOT TO SUE BAD AFFIRMATIONS, LILAC CREATIVE STUDIO LLC, OR THE OTHER BAD AFFIRMATIONS PARTIES IN COURT.
Lilac Creative Studio LLC likewise agrees to resolve covered claims against you through arbitration rather than a court action.
This arbitration agreement is intended to be governed by the Federal Arbitration Act to the fullest extent applicable.
The arbitration will be administered by the American Arbitration Association ("AAA") under its applicable Consumer Arbitration Rules then in effect, as modified by these Terms to the extent permitted by applicable law.
If the AAA is unavailable or declines to administer a dispute and the parties cannot agree upon another arbitration provider, a court with jurisdiction may appoint an appropriate arbitration provider or arbitrator consistent with applicable law.
The arbitrator will have authority to award the same forms of individual relief that would otherwise be available in court to the extent permitted by applicable law.
The arbitrator's decision will be final and binding, subject only to the limited review permitted by applicable arbitration law.
Nothing in these Terms prevents you from contacting, reporting information to, filing a complaint with, or cooperating with a federal, state, local, or other governmental agency.
30. EXCEPTIONS TO ARBITRATION
Either party may bring an eligible individual claim in small claims court if the claim qualifies and remains solely in that court on an individual basis.
Either party may seek temporary or preliminary injunctive relief from a court where reasonably necessary to prevent immediate misuse or infringement of intellectual property, unauthorized access to the Service, or other harm for which emergency judicial relief is legally appropriate.
Nothing in these Terms requires arbitration of a claim or form of relief where applicable law prohibits mandatory arbitration or prohibits waiver of access to a court for that particular claim or relief.
31. CLASS ACTION AND JURY TRIAL WAIVER
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LILAC CREATIVE STUDIO LLC AGREE THAT ALL COVERED DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS.
YOU WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A CLASS ACTION, CLASS ARBITRATION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION, OR OTHER PROCEEDING BROUGHT ON BEHALF OF OTHER PEOPLE, EXCEPT WHERE SUCH A WAIVER IS PROHIBITED BY LAW.
THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM, EXCEPT WHERE APPLICABLE LAW REQUIRES OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND LILAC CREATIVE STUDIO LLC ALSO KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR A COVERED DISPUTE THAT WOULD OTHERWISE BE TRIED IN COURT.
If a court determines that a particular portion of this section cannot lawfully be enforced as to a specific claim or form of relief, that claim or relief will be handled as required by applicable law while the remainder of the dispute-resolution provisions will remain effective to the maximum extent permitted.
32. ARBITRATION OPT-OUT
You may opt out of the arbitration agreement contained in Sections 29 through 31 by sending written notice to contact@lilac.agency within thirty (30) days after the date you first accept these Terms.
Your notice must include your name, the email address associated with your BAD AFFIRMATIONS account, and a clear statement that you are opting out of the arbitration agreement.
Opting out of arbitration will not affect the remaining provisions of these Terms or your ability to use BAD AFFIRMATIONS.
If you validly opt out, neither you nor Lilac Creative Studio LLC will be bound by Sections 29 through 31 with respect to disputes governed by that opt-out.
33. GOVERNING LAW
Except to the extent governed by the Federal Arbitration Act or where another jurisdiction's mandatory consumer-protection law applies, these Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
For disputes permitted to proceed in court rather than arbitration, you and Lilac Creative Studio LLC consent to the jurisdiction and venue of the applicable state or federal courts located in Los Angeles County, California, except where applicable law gives you a right to bring a claim elsewhere.
Nothing in these Terms deprives a consumer of mandatory legal rights that cannot lawfully be waived.
34. CHANGES TO THESE TERMS
We may update these Terms as BAD AFFIRMATIONS changes or as legal, regulatory, security, business, or operational requirements evolve.
The "Last Updated" date at the top identifies when these Terms were most recently revised.
When required by law, we will provide notice of material changes.
Where applicable law requires renewed affirmative consent to a material change, we will request that consent before the change becomes binding on you.
Material changes to the arbitration agreement will not automatically apply retroactively to disputes for which the parties had actual notice before the change unless applicable law permits otherwise.
35. SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed to the minimum extent necessary.
The remaining provisions will continue in effect except where applicable law requires a different result.
36. NO WAIVER
If we do not immediately enforce a provision of these Terms, that does not waive our right to enforce that provision later.
A waiver on one occasion does not constitute a waiver on another occasion.
37. ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
Lilac Creative Studio LLC may assign these Terms in connection with a merger, acquisition, financing, restructuring, corporate reorganization, sale of assets, or transfer of BAD AFFIRMATIONS, subject to applicable law.
38. ENTIRE AGREEMENT
These Terms, together with the BAD AFFIRMATIONS Privacy Policy and any additional terms expressly presented for a particular feature, promotion, purchase, or subscription, constitute the agreement between you and Lilac Creative Studio LLC regarding your use of BAD AFFIRMATIONS.
39. CONTACT US
Questions regarding these Terms may be sent to:
BAD AFFIRMATIONS
Owned and operated by Lilac Creative Studio LLC
All inquiries, including support, privacy questions, safety or content reports, copyright notices, legal notices, arbitration opt-outs, and disputes: contact@lilac.agency