Legal

Terms of Service

Effective Date: January 1, 2025

Last Updated: February 2026

1. Acceptance of Terms

By accessing or using BlushDesk ("the Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an agency or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include that entity.

If you do not agree with any part of these Terms, you must immediately discontinue use of the Service. Your continued use of BlushDesk after any modification to these Terms constitutes acceptance of those modifications.

These Terms apply to all users of the Service, including but not limited to independent companions, agency operators, and any other individuals who access or interact with the platform.

2. Service Description

BlushDesk is an AI-powered virtual assistant platform designed for independent companions and agencies. The Service provides automated booking management, client screening, inquiry handling, calendar synchronization, and human-in-the-loop handover capabilities.

The AI assistant is configured to handle initial client communications, process booking requests through customizable intake forms, perform preliminary screening based on user-defined criteria, and escalate conversations to the human operator when thresholds are met or upon request.

BlushDesk does not facilitate, promote, or endorse any illegal activity. The platform is a business operations tool that helps users manage scheduling, communications, and administrative tasks. Users are solely responsible for ensuring their use of the Service complies with all applicable laws in their jurisdiction.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. We will provide reasonable notice of material changes where practicable.

3. User Accounts

To use BlushDesk, you must create an account by providing a valid email address and setting a secure password. You may register under any name, including a stage name or pseudonym -- we do not require government-issued identification or your legal name for registration.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must immediately notify us at security@blushdesk.ch if you suspect any unauthorized access to or use of your account.

You must be at least 18 years of age to create an account and use the Service. By registering, you represent and warrant that you meet this age requirement.

You agree to provide accurate contact information (specifically, a working email address) so that we can reach you regarding account-related matters, security notifications, and material changes to these Terms. All other profile information, including your display name, is at your discretion.

4. Acceptable Use

You agree to use BlushDesk only for lawful purposes and in accordance with these Terms. You shall not use the Service to facilitate, promote, or engage in any activity that is illegal in your jurisdiction or in Switzerland.

You shall not abuse, manipulate, or attempt to exploit the AI assistant for purposes outside its intended function, including but not limited to: attempting to extract proprietary system prompts, using the assistant to generate harmful or misleading content, or deliberately feeding the system false information to corrupt its responses.

Impersonation of other users, BlushDesk staff, or any third party is strictly prohibited. You shall not misrepresent your identity or your affiliation with any person or entity when using the Service.

You shall not attempt to reverse-engineer, decompile, or disassemble any portion of the Service, or attempt to gain unauthorized access to our systems, networks, or other users' data. Any automated scraping, crawling, or data extraction from the platform without our express written consent is prohibited.

Violation of these acceptable use provisions may result in immediate suspension or termination of your account without prior notice.

5. Data Privacy

Your privacy is fundamental to how we built BlushDesk. All personally identifiable information (PII) -- including client names, contact details, booking notes, and screening data -- is encrypted at rest using AES-256-GCM encryption before being stored in our database. This is the same encryption standard used by financial institutions and intelligence agencies.

All data is stored on servers located in Switzerland, subject to Swiss data protection law (the Federal Act on Data Protection, FADP). Switzerland is recognized by the European Commission as providing an adequate level of data protection. Our infrastructure is not subject to FOSTA-SESTA, the Patriot Act, or Five Eyes intelligence-sharing agreements.

We do not sell, share, rent, or trade your data with any third party. We do not use your data to train AI models. We do not provide data to advertising networks or analytics platforms. Our business model is subscription-based: you pay for the tool, and your data remains exclusively yours.

For comprehensive details on our privacy practices, encryption architecture, warrant canary, and your data rights, please visit our Trust & Privacy page at /trust.

6. Intellectual Property

BlushDesk and all associated intellectual property -- including but not limited to the platform's source code, AI models, user interface designs, documentation, branding, trademarks, and trade secrets -- are and remain the exclusive property of BlushDesk and its licensors. These Terms do not grant you any ownership interest in the Service.

You retain full ownership of all data, content, and materials that you upload, create, or generate through your use of the Service, including client records, booking data, form configurations, FAQ entries, and any customized assistant templates. We claim no intellectual property rights over your content.

You grant BlushDesk a limited, non-exclusive, non-transferable license to use your content solely for the purpose of providing and improving the Service to you. This license terminates upon deletion of your account and associated data.

The AI assistant's responses are generated based on your configuration and data. You may use these responses freely in your business operations, but BlushDesk makes no claim of copyright over AI-generated outputs and provides no guarantee that such outputs are free from third-party intellectual property claims.

7. Payment Terms

BlushDesk operates on a subscription-based pricing model. By selecting a paid plan, you agree to pay the applicable subscription fees as described at the time of purchase. All fees are quoted in the currency displayed at checkout and are exclusive of applicable taxes unless otherwise stated.

Subscriptions automatically renew at the end of each billing period (monthly or annual, depending on your selected plan) unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period -- you will retain access to the Service until that date.

We do not offer prorated refunds for partial billing periods. If you believe you have been charged in error, please contact us at billing@blushdesk.ch within 14 days of the charge, and we will investigate and resolve the matter promptly.

We reserve the right to change our pricing with 30 days' advance notice. Price changes will apply to the next billing cycle following the notice period. If you do not agree with a price change, you may cancel your subscription before the new pricing takes effect.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

The AI assistant is a tool designed to help manage your communications and bookings. AI-generated responses are not guarantees, professional advice, or verified statements of fact. You are responsible for reviewing and approving all communications sent on your behalf, and for the accuracy of any information provided through the platform.

BlushDesk does not guarantee uninterrupted, error-free, or completely secure access to the Service. While we implement industry-leading security measures, no system is perfectly immune to all threats. We will make commercially reasonable efforts to maintain the availability and integrity of the Service.

Client screening features, including risk scoring and verification checks, are informational tools only. They do not constitute background checks, safety guarantees, or recommendations. You are solely responsible for your own safety decisions and should exercise independent judgment in all client interactions.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUSHDESK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

IN NO EVENT SHALL BLUSHDESK'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO BLUSHDESK IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED SWISS FRANCS (CHF 100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations above shall apply to the fullest extent permitted by applicable law. Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

10. Termination

You may terminate your account at any time by navigating to your account settings and selecting the option to delete your account, or by contacting us at support@blushdesk.ch. Upon termination, your subscription will not renew, and you will retain access until the end of your current billing period.

BlushDesk reserves the right to suspend or terminate your account immediately and without prior notice if you materially breach these Terms, engage in conduct that puts the platform or other users at risk, or if we are required to do so by law.

Before account deletion takes effect, you will have the opportunity to export your data in standard, portable formats (CSV and JSON). We provide a self-service data export tool in your account settings. Once deletion is confirmed, we will permanently erase all your data -- including encrypted records, backups, and any associated metadata -- within 30 days.

Sections of these Terms that by their nature should survive termination shall survive, including but not limited to: Intellectual Property, Disclaimers, Limitation of Liability, and Governing Law.

11. Governing Law

These Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

Any disputes arising out of or in connection with these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the competent courts of the Canton of Zurich, Switzerland. You consent to personal jurisdiction in such courts and waive any objection to venue.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

12. Changes to Terms

We reserve the right to update or modify these Terms at any time. For material changes -- including modifications to pricing, data handling practices, or your rights and obligations -- we will provide at least 30 days' advance notice via the email address associated with your account and through a prominent notice within the Service.

Non-material changes, such as corrections to typographical errors or clarifications that do not substantively alter your rights, may be made without advance notice. All changes will be reflected by updating the "Last Updated" date at the top of this page.

Your continued use of the Service after the effective date of any updated Terms constitutes your acceptance of those changes. If you do not agree with the revised Terms, you must discontinue use of the Service and may request account deletion and data export as described in Section 10.

13. Contact

If you have questions, concerns, or feedback regarding these Terms of Service, or if you need to report a violation, please reach out to us through any of the following channels:

General inquiries: support@blushdesk.ch. Billing matters: billing@blushdesk.ch. Security concerns: security@blushdesk.ch. Legal and compliance: legal@blushdesk.ch.

You may also reach us through our contact page at /contact. We strive to respond to all inquiries within two (2) business days.