Fuchsia.one Terms & Conditions

1. Definitions and Interpretation

1.1 Platform / Services means Fuchsia’s websites, apps, features (including Request & Bid and Blind Match), escrow mechanisms, token system, payout rails, communications tools, software, content, and all associated infrastructure.

1.2 Member / User means a natural person with a registered, active account who meets eligibility requirements and has passed required verifications.

1.3 Subscription means time-limited paid access to certain Platform features; subscriptions auto-renew unless canceled.

1.4 Token(s) means fixed-price, internal-use, non-redeemable* units of account usable only within the Platform for permitted actions (e.g., bids, bookings, upgrades). Tokens have no market price outside the Platform, are not listed or tradable on exchanges, and cannot be transferred off-Platform.
*“Non-redeemable” means not redeemable for cash by Fuchsia except solely through Eligible Proceeds conversion under Section 12.

1.5 Purchased Tokens means Tokens you acquire from Fuchsia (or its payment partners) using your own funds (fiat or crypto). Purchased Tokens are one-way in, non-withdrawable, and for in-Platform use only.

1.6 Received Tokens means Tokens transferred to you by other Members in connection with permitted in-Platform activity (e.g., escrow releases following bookings, successful Request & Bid outcomes, or other authorized transactions).

1.7 Eligible Proceeds means net value associated only with Received Tokens that may, after all compliance checks, be converted at the Fixed Token Price and paid out as prefer method per Section 12. Purchased Tokens never constitute Eligible Proceeds.

1.8 Fixed Token Price means the constant per-Token price designated and displayed within the Platform. It does not float, does not track market conditions, and is used for Token purchases, internal accounting, and conversion of Eligible Proceeds (net of fees).

1.9 Escrow means the Platform’s holding state for Tokens/funds associated with a booking until completion, cancellation, or dispute resolution under Section 13.

1.10 KYC/AML means know-your-customer and anti-money-laundering (and related sanctions and counter-terrorist financing) obligations under Austrian and EU law and, where relevant, other applicable jurisdictions, including identity verification, sanctions screening, transaction monitoring, source-of-funds/wealth checks, ongoing due diligence, and “Travel Rule” requirements.

1.11 Business Account means an account primarily used for trade/professional purposes; consumer-specific protections generally do not apply to Business Accounts.

1.12 Force Majeure means events beyond a party’s reasonable control (e.g., acts of God, war, civil unrest, strikes, power or network failures, blockchain outages, regulatory actions, sanctions, pandemics).

Interpretation. Headings are for convenience; references to law include amendments and successors; “including” means “including without limitation.” If a clause is unlawful or unenforceable, it shall be severed to the minimum extent necessary without affecting the remainder.

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2. Eligibility; Account Creation; Representations

2.1 Age & Capacity. You must be at least eighteen (18) years old (or the age of majority where you live, if higher) and have legal capacity to enter into these Terms.

2.2 Sanctions & Restrictions. You warrant you are not located in a jurisdiction subject to comprehensive sanctions and are not listed on sanctions/denied-party lists. We may refuse, suspend, or terminate access where legally or commercially required.

2.3 One Person, One Account. Accounts are personal, non-transferable, and limited to natural persons. You may not create or operate multiple accounts without our prior written consent.

2.4 KYC/AML. You agree to complete KYC/AML at onboarding and upon request. We may require re-verification, enhanced due diligence, proof of address, source-of-funds/wealth, occupation, and other documentation at any time (especially before payouts or where activity triggers risk thresholds). Failure or refusal results in suspension/termination.

2.4a Consequences of Refusal. Failure or refusal to complete requested KYC/AML checks may result in immediate suspension or termination of your account. Subscription fees already paid and Purchased Tokens are not refundable in such cases, to the extent permitted by law.

2.5 Accuracy; Security. You represent all information you provide is truthful, accurate, and current, and you will promptly update it. You must safeguard credentials and notify us immediately of suspected compromise. You are responsible for all activities under your account.

2.6 High-end Access. We may restrict access to invited users. Unauthorized access attempts may result in permanent bans and legal action.

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3. Nature of Services; Prohibited Uses; Off-Platform Settlement

3.1 Matchmaking Only. The Platform facilitates lawful introductions and communications between consenting adults. Fuchsia is not an escorting, prostitution, or adult-content service.

3.1a Scope of Services – Time & Attendance. Any booking or arrangement facilitated through the Platform is strictly limited to time, presence, and companionship (“Time & Attendance”). The Platform does not sell bodies, sexual acts, or any other form of sexual service. Any consideration exchanged through the Platform is exclusively for Time & Attendance and related lawful social interaction.

3.2 Strict Prohibitions. The Platform must not be used to advertise, arrange, solicit, or facilitate: sexual services; prostitution; pornographic or explicit content (see Section 9.b); exploitation or trafficking; illegal goods/services; harassment; threats; defamation; hate speech; doxxing; fraud; scams; unsafe or violent conduct; money-laundering; terrorist financing; sanctions evasion; or any activity violating law, these Terms, or the Policies.

3.2a Zero-Tolerance for Sexual Services. The Platform is not a venue for escorting, prostitution, or the sale of sexual services. Any attempt to advertise, solicit, arrange, or negotiate sexual services (whether on-Platform or by using the Platform to move such activity off-Platform) constitutes a material breach of these Terms and may result in immediate suspension or termination of your account, forfeiture of Purchased Tokens, and, where appropriate, reporting to competent authorities.

3.3 No Off-Platform Settlement. You may not settle or complete any transaction off-Platform that was initiated through the Platform, particularly to evade fees or escrow. Attempted circumvention is a material breach and may result in immediate suspension/termination, forfeiture under Sections 11 and 18, and reporting to authorities where appropriate.

3.4 Local Law Compliance. You are solely responsible for ensuring your conduct complies with the laws and regulations of your jurisdiction.

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4. Subscriptions; Pricing; Trials; Taxes; Cancellation

4.1 Price. Unless otherwise displayed, the monthly Subscription fee is 60 USDT, payable at the spot rate applied at checkout if purchased in other currencies.

4.2 Auto-Renewal. Subscriptions automatically renew each billing cycle until you cancel via account settings or, if purchased through an external store (e.g., Apple/Google), through that store.

4.3 Taxes. You are responsible for all applicable taxes, duties, and surcharges. We may collect taxes where required by law.

4.4 Refunds. Except as mandated by consumer law (see Section 16), Subscription fees are non-refundable once the Subscription term has commenced.

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5. Tokens Legal Characterization; Fixed Price; Restrictions

5.1 Internal Utility Only. Tokens are internal-use digital credits for permitted actions within the Platform. Tokens are not securities, e-money, stored value, deposits, or crypto-assets within the meaning of applicable law, and confer no ownership, dividend, or profit rights. Tokens do not evidence a claim against Fuchsia for repayment or redemption, except solely as set out for Eligible Proceeds in Sections 11–12.

Internal Tokens Are Not Cryptocurrency. The Platform’s internal Tokens are not cryptocurrency, are not blockchain-based, and do not exist on any public or private ledger. Tokens function solely as closed-loop digital credits for use inside the Platform and carry no external, transferable, or monetary value outside the Platform.

5.2 Fixed Token Price. Tokens carry a Fixed Token Price published in-app. This value is set by the Platform for internal accounting, does not track market exchange rates, and is used for Token purchases, internal calculations, and conversion of Eligible Proceeds (see Sections 11–12). We may change the Fixed Token Price prospectively with notice; changes do not affect completed purchases.

5.3 No Exchange Trading or Off-Platform Transfer. Tokens have no market price outside the Platform, are not listed or tradable on exchanges, and cannot be transferred off-Platform. Any attempted sale, exchange, assignment, or transfer of Tokens outside the Platform is void.

5.4 No Yield or Interest. Tokens and any Token balances do not accrue interest, yield, staking rewards, or similar returns.

5.5 Purchased vs. Received.
(a) Purchased Tokens. Tokens acquired from Fuchsia (or its payment partners) using your own funds are for in-Platform use only and are never withdrawable, refundable, or convertible to USDT, IBAN/SEPA, or any other form of value.
(b) Received (Earned) Tokens. Tokens you receive from other Members in connection with permitted in-Platform activity may, subject to Sections 11–12 and successful compliance checks, generate Eligible Proceeds.

5.6 Regulatory Characterization (Closed-Loop Credit). Tokens function as closed-loop internal credits for the Platform’s services. This design keeps Purchased Tokens outside the scope of e-money issuance and regulated payment services under applicable EU/Austrian law, including ZaDiG 2018 §3 Abs. 3 Z 11 and E-GeldG 2010 §1, and they are not intended or treated as crypto-assets under MiCA.

5.7 Promotions; Expiry; Breakage. Promotional or bonus Tokens may carry special terms (including expiry) as disclosed in-app. Dormant accounts may be closed with Token forfeiture where permitted by law (see Section 20).

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6. Payments; Accepted Methods; Network Risks; Chargebacks

6.1 Accepted Methods. At this time, only cryptocurrency payment methods are supported for purchasing Subscriptions and internal Tokens. The Platform itself does not operate on blockchain technology, and internal Tokens are not cryptocurrency. Cryptocurrency payments are processed externally and may be subject to network conditions.

6.1a Supported Assets & Networks. Unless otherwise stated in-app, the Platform supports payments and withdrawals only in USDT (Tether) on [e.g., TRC20 / Polygon / ERC20] and such other networks or stablecoins as may be notified from time to time. Use of unsupported networks or assets may result in irretrievable loss of funds for which we are not liable.

Crypto Payments Are Final. Due to the irreversible nature of blockchain transactions, all cryptocurrency payments made to the Platform are final, non-refundable, and non-reversible once confirmed by the network.

6.2 Network Risks (Crypto). You acknowledge blockchain risks (delays, gas fees, chain reorganizations, outages). We do not guarantee instant settlement or network uptime and are not responsible for third-party network failures.

6.3 Chargebacks / Reversals. Unfounded chargebacks or reversals constitute a breach. We may suspend your account, set off amounts owed, recover costs, and terminate.

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7. Escrow; Formation; Release; Cancellations

7.0 No Banking or Payment Institution Status. The Escrow functionality is a software-based holding mechanism for internal Tokens operated within the closed-loop Platform environment. Fuchsia is not a bank, payment institution, e-money institution, or investment firm, and does not provide regulated payment services or deposit-taking activities. Escrow balances are not bank deposits, are not covered by any deposit guarantee scheme, and exist solely as internal Platform credits subject to these Terms.

7.1 Formation. A booking is formed only when escrow is funded within the Platform and both parties confirm the terms in-app.

7.2 QR Ticket & Identity Check. At the meeting start, the inviter must display the booking ticket and the guest must scan the QR code in-app. A reasonable visual identity match with the profile (age/appearance consistency) is required. Upon QR validation, the booking is deemed accepted in person.

7.3 End of Platform Responsibility Post-Validation. After the QR validation in 7.2, Fuchsia’s responsibility for the quality or outcome of the date ends. No refunds are granted after QR validation except as explicitly provided in Annex B.

7.4 Release. Escrow releases upon mutual completion confirmation or pursuant to a dispute resolution under Section 13 and Annex B.

7.5 Cancellation & No-Show. Cancellations and no-shows are governed by Annex B, including timing thresholds (e.g., 12 hours prior) and directional release/refund rules.

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8. Request & Bid; Blind Match

8.1 Request & Bid. Members may post requests; others may submit offers. An offer does not create a booking until escrow is funded and terms are confirmed.

8.2 Moderation. We may remove or refuse unsafe, unlawful, or non-compliant requests/offers.

8.3 Blind Match. The optional Blind Match feature preserves discretion until both parties consent to reveal. All escrow, conduct, and compliance rules apply.

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9. Acceptable Use; Safety; Reports

9.1 Conduct. You must act lawfully, respectfully, and safely. Prohibited behavior includes harassment, threats, fraud, impersonation, spamming, stalking, discrimination, or unsafe meetups.

9.2 Integrity & Security. You may not scrape, crawl, misuse APIs, reverse engineer, inject malware, interfere with Services, or bypass access controls.

9.3 Reporting. Use the in-app tools to report suspicious or unsafe behavior. False or abusive reports may result in sanctions.

9.4 Off-Platform Conduct. We may consider off-Platform conduct that is reasonably connected to Platform use (e.g., a meeting arranged via Fuchsia) when enforcing these Terms.

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9.a Trusted Contact & Safe-Word

Trusted Contact. A Member may nominate one trusted contact (phone number and email) in the app.

Safe-Word Trigger. If the Member sends the designated safe-word through the in-app mechanism, the Platform will transmit to the trusted contact: (i) essential booking details; and (ii) the last validated location timestamp associated with QR ticket confirmation.

Privacy & Scope. Disclosures under this feature are limited to safety purposes and recorded in audit logs. The feature is optional and can be updated or revoked by the Member at any time.

9.b Content Standards (No Nudity; Safety)

(1) No Nudity or Sexual Content. The Platform does not permit nudity, pornographic, sexually explicit, or sexually suggestive content. “Nudity” includes exposure of genitals, pubic area, anus, or areola/nipple (any gender), including see-through clothing or implied sexual acts.

(2) No Exploitative or Harmful Content. Content involving minors, exploitation, non-consensual acts, trafficking, doxxing, threats, or hate speech is strictly prohibited.

(3) Lawful Use Only. You must comply with all applicable laws and privacy rights when creating or uploading content.

(4) Enforcement. We may request proof of rights or consent and remove or restrict content, features, or accounts violating these rules.

(5) Appeals. You may appeal moderation decisions through in-app support where available.

10. Privacy; Data Protection; Transparency

10.1 GDPR/DSGVO. We process personal data in accordance with the EU General Data Protection Regulation and Austrian DSGVO. See our Privacy Notice for purposes, legal bases, retention, rights, and contacts.

10.2 Security. We implement appropriate technical and organizational measures, but no system is perfectly secure. You acknowledge residual risk.

10.3 Recommender Systems. We may use algorithms to recommend or rank profiles and content. Accuracy is not guaranteed; you may adjust certain settings where available.

10.4 Lawful Disclosures. We may disclose information to competent authorities or third parties where required by law or to enforce these Terms and protect Users.

10.5 Automated Systems, AI, and Decision-Making. Fuchsia uses automated systems, including algorithmic recommendations and machine-learning models (“AI Systems”), to operate, secure, and improve the Platform. These systems may assist with profile ranking, matchmaking suggestions, fraud prevention, AML/CTF monitoring, content moderation, safety analysis, and detection of prohibited conduct. AI Systems do not replace human judgment but may generate signals or preliminary assessments used by our safety, compliance, and support teams. Where an automated decision significantly affects your rights (for example, account restrictions or moderation actions), you may request human review through in-app support. We do not use AI Systems to make final determinations regarding legal eligibility, sanctions matches, or withdrawal requests without human oversight. Fuchsia may also use automated chat or support assistants. Where applicable, you will be informed when interacting with an automated system.

10.5a Monitoring of Communications. You acknowledge and agree that, for fraud prevention, safety, AML/CTF, and enforcement of these Terms (including the prohibition of sexual services), Fuchsia may use automated systems and human review to scan, analyze, and review messages, booking details, and other on-Platform communications before a booking is confirmed. We do not sell or monetize such content; processing is limited to the purposes described in our Privacy Notice.

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11. Token Conversions; “Earned-Only” Withdrawal Rule

11.1 Token Categories Purchased vs. Earned. The Platform distinguishes between two types of Tokens: (a) Purchased Tokens, which are bought directly by Users and are non-redeemable and non-withdrawable; and (b) Earned Tokens, which are received from other Users within the Platform and may be converted or withdrawn in accordance with this Section. Purchased Tokens are for internal use only and hold no monetary or redeemable value outside the Platform.

Important Clarification. Internal Tokens are not cryptocurrency and do not represent any blockchain asset. Only Tokens earned from other Members (“Received Tokens”) may generate Eligible Proceeds for crypto payout. Purchased Tokens cannot be withdrawn, exchanged, converted to crypto, or cashed out under any circumstances.

11.2 Purchased Tokens One-Way In. Purchased Tokens are not withdrawable, refundable, or convertible to USDT, fiat currency, or any other form of value. They are exclusively for in-Platform use and consumption, and no redemption, reimbursement, or refund shall be available once credited.

11.3 Received Tokens Eligible Proceeds. Only Earned (Received) Tokens may be converted into Eligible Proceeds at the Fixed Token Price, net of applicable fees and subject to completion of all compliance checks (AML/KYC).

11.4 Fixed Conversion Value. Conversions of Tokens (for withdrawal or internal accounting) are calculated based on a Fixed Token Price published within the Platform. This value does not reflect market exchange rates for any cryptocurrency or fiat currency. Users acknowledge and agree that Token values are entirely determined by the Platform for internal accounting purposes and may differ from external market values.

11.5 Withdrawal Outputs. Subject to availability and compliance, Eligible Proceeds may be paid out in USDT (Tether) or another supported stablecoin, processed exclusively through licensed third-party Virtual Asset Service Providers (CASPs/VASPs). The Platform itself does not custody, transfer, or store any cryptocurrency on behalf of Users. Proof of identity, wallet ownership, and beneficiary KYC may be required before payout.

11.6 Processing Fees. Each withdrawal of Earned Tokens is subject to a processing fee of 10% of the withdrawn amount, with no maximum cap. This fee covers operational handling, blockchain network costs, and compliance verification. The applicable fee will be displayed to the User prior to confirming the withdrawal, and by proceeding, the User expressly agrees to the deduction of this fee. All withdrawals are final and non-reversible once confirmed.

11.7 Blockchain Network Fees. In addition to the Platform’s processing fee, blockchain network fees (gas costs) charged by third-party networks (e.g., TRC20, ERC20) may apply and will be deducted automatically. The Platform is not responsible for fluctuations in network fees or transaction delays.

11.7a Stablecoin and Network Risk. You acknowledge that USDT and any other supported stablecoin are issued and operated by third parties. Fuchsia is not responsible for any de-pegging, insolvency, freeze, blacklist, or failure of such stablecoins or their issuers, nor for any halt, fork, exploit, or malfunction of the underlying blockchain networks. In such events, withdrawals may be delayed, suspended, or adjusted to the extent necessary or required by law.

11.8 Thresholds; Limits; Velocity Controls. Conversions and withdrawals may be subject to minimum thresholds, holding periods, rolling limits, cooldown intervals, and anti-fraud velocity controls to ensure transaction integrity and compliance.

11.9 No Third-Party or Sanctioned Payouts. Withdrawals will not be processed to third parties, mixers, tumblers, privacy pools, or addresses under sanctions. Payouts are executed solely to verified wallets owned by the withdrawing User.

11.9a Incorrect Addresses. You are solely responsible for ensuring that any wallet address you provide is correct and compatible with the supported network. If crypto is sent to an incorrect, incompatible, or non-controlled address, such funds are typically irrecoverable. Fuchsia is not liable for, and cannot reverse, transactions sent to wrong or mis-typed addresses.

11.10 No Redemption of Purchased Tokens. Users acknowledge that Tokens purchased directly from the Platform are non-redeemable and may not be exchanged, withdrawn, or refunded in any form. This limitation ensures that Purchased Tokens remain a closed-loop digital credit under applicable EU and Austrian law (ZaDiG 2018, E-GeldG 2010).

11.11 Clawback & Set-Off. The Platform may withhold, reverse, or claw back Eligible Proceeds and set off against any of the User’s balances if the underlying transaction is disputed, fraudulent, reversed, or otherwise in breach of these Terms.

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12. AML/CTF, Sanctions, and Compliance Program

12.1 Program Overview. We maintain a comprehensive, risk-based Anti-Money Laundering and Counter-Terrorist Financing (AML/CTF) program in accordance with Austrian and EU law, including the Finanzmarkt-Geldwäschegesetz (FM-GwG), the Anti-Money Laundering Directives (AMLD 5/6), and other applicable regulations. Our program includes policies and procedures for customer due diligence, transaction monitoring, sanctions screening, training, MLRO oversight, and detailed record-keeping.

12.2 Customer Due Diligence (CDD). We apply CDD measures to all users, and, where risk dictates, Enhanced Due Diligence (EDD), including but not limited to verification of identity, liveness checks, proof of residence, screening against sanctions, politically exposed persons (PEP) lists, adverse-media reviews, and, when required, verification of source of funds or wealth.

12.3 Monitoring & Controls. Transactions are continuously monitored for potential structuring, layering, sanctions evasion, or collusion (for example, cycling Purchased Tokens to mimic legitimate earnings). We use automated and manual controls to detect suspicious activity patterns and prevent misuse.

12.4 Jurisdictional & Risk Restrictions. We may geo-block or restrict access from certain jurisdictions, refuse onboarding of high-risk or non-compliant users, and impose feature limitations or withdrawal holds when deemed necessary to ensure compliance.

12.5 Freezes, Delays & Reporting. We may freeze or delay balances, conversions, or withdrawals and, where required, file suspicious activity reports (SARs) with competent Austrian or EU authorities. For legal reasons, we do not disclose whether a SAR has been filed.

12.6 Travel Rule Compliance. In accordance with EU and FATF Travel Rule requirements, Users consent to the transmission of originator and beneficiary information to and from other obliged entities or Virtual Asset Service Providers (VASPs) involved in crypto transfers.

12.7 One-Way Flow & Conversion Limits. Only Earned Tokens may flow out of the Platform as Eligible Proceeds. Purchased Tokens are strictly one-way in and cannot be withdrawn or converted. This structure ensures compliance with ZaDiG 2018 §3 Abs. 3 Z 11 and E-GeldG 2010 §1, keeping the Platform outside the scope of e-money issuance.

12.8 Execution via Licensed Partners. All cryptocurrency payouts (including USDT withdrawals) are executed exclusively through licensed and supervised third-party Crypto-Asset Service Providers (CASPs/VASPs). The Platform itself does not custody, issue, convert, or store any cryptocurrency on behalf of Users and acts solely as a service initiator.

12.9 Record Retention. In line with § 40 FM-GwG, all AML/KYC and transaction records are retained for a minimum of five (5) years following the end of the business relationship or transaction date, after which they are securely deleted in accordance with the GDPR and the Austrian Datenschutzgesetz (DSG).

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13. Disputes Between Members; Escrow Decisions

13.1 Window. You must report booking disputes within 72 hours of the relevant event or as otherwise specified in the Escrow Policy.

13.2 Evidence. We may request documentary evidence (e.g., chat logs, confirmations, media). You must cooperate promptly and in good faith.

13.3 Decision. We will make a good-faith determination regarding escrow release, partial release, or forfeiture. Our internal decision is binding within the Platform (statutory consumer rights remain unaffected where mandatory).

13.4 Abuse. Bad-faith or abusive dispute behavior is a material breach and may trigger sanctions under Section 18.

13.5 Administrative Dispute Fee. To discourage abusive or frivolous disputes, Fuchsia may, where permitted by law, charge a reasonable administrative fee to the party whose position is rejected in a dispute (for example, by deducting a fixed amount or percentage from the escrowed Tokens). Any such fee will be disclosed in the Escrow Policy or in-app prior to implementation.

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14. Intellectual Property; Licenses; Takedowns

14.1 Platform Ownership. The Platform, its design, software, and all proprietary elements are owned by Fuchsia or its licensors and are protected by intellectual property laws. Nothing in these Terms transfers ownership to Users.

14.2 Your Ownership; Responsibility. You retain full ownership of any content, media, text, images, videos, or materials you upload or publish (“Your Content”). You are solely responsible for Your Content and for ensuring it complies with applicable law and these Terms (including Annex D).

14.3 Right to Publish; Third-Party Rights. By uploading or publishing Your Content, you represent and warrant that:

• You own or have all necessary rights, licenses, consents, and permissions to publish Your Content on the Platform.
• Your Content does not infringe any copyright, trademark, trade secret, privacy, publicity, or moral rights of others.
• All identifiable persons in Your Content have given valid consent (or written model releases) for their depiction and publication.
• Your Content complies with all Content Standards (see Section 9.b and Annex D).

14.4 License to Fuchsia. You grant Fuchsia a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, adapt, format, display, and distribute Your Content solely to operate, improve, and promote the Platform. This license ends when Your Content is deleted, except as required by law or for backup, audit, or dispute purposes.

14.5 Takedowns; Moderation. We may remove or disable access to any content that violates law or these Terms or upon receiving a valid legal notice. We may act without prior notice where required for safety or legal compliance.

14.6 Copyright Complaints. Rights holders may report alleged infringements via in-app support by providing identification of the work, the infringing material, contact information, and a signed good-faith statement.

14.7 Indemnity for Your Content. You agree to defend and indemnify Fuchsia and its affiliates against any claims, damages, or expenses arising from Your Content or breach of this Section.

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15. Platform License to You; Restrictions

15.1 License. Subject to your compliance with these Terms, Fuchsia grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Platform for its intended purposes.

15.2 Restrictions. You may not copy, modify, distribute, reverse engineer, or create derivative works of the Platform or content except as expressly permitted by these Terms or applicable law.

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16. EU/UK Consumer Rights; Cooling-Off

16.1 Cooling-Off Right (Subscriptions). If you are an EU or UK consumer, you may have a 14-day statutory right to withdraw from a new Subscription purchase under Directive 2011/83/EU and the Austrian Fern- und Auswärtsgeschäfte-Gesetz (FAGG). However, by actively requesting or starting the digital service during this period, you expressly agree that the service begins immediately and acknowledge that the right of withdrawal ends once the service has been fully performed. In such cases, the Subscription fee for the current billing period is non-refundable; you may cancel future renewals at any time.

16.2 Digital Content – Tokens. Purchases of Tokens constitute delivery of digital consumable content not supplied on a tangible medium. By confirming a Token purchase, you expressly consent to the immediate provision of the digital content and acknowledge that your 14-day withdrawal right is waived upon delivery. Accordingly, Token purchases are final and non-refundable under Article 16(m) of the Consumer Rights Directive (2011/83/EU) and § 18 Abs. 1 Z 11 FAGG.

16.3 Transparency of Non-Refundability. Before completing each payment, Users are clearly informed that (a) Subscription fees are non-refundable once the current period begins, and (b) Tokens are non-refundable after delivery. Proceeding with payment constitutes explicit consent to these conditions in compliance with EU consumer-protection law.

16.4 ODR Platform. EU consumers may use the EU Online Dispute Resolution (ODR) platform (ec.europa.eu/consumers/odr) for out-of-court dispute settlement as required by law.

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17. Warranties; Disclaimers; Member Risk

17.1 No Routine Criminal Checks. Except for identity/sanctions verification, we do not routinely conduct criminal background checks. Exercise caution in interactions.

17.2 No Guarantees. We do not guarantee matches, outcomes, earnings, Platform uptime, or accuracy of recommendations or content.

17.2a Meetings at Your Own Risk. You understand that any meeting or interaction with another Member, whether arranged through the Platform or continued thereafter, is at your own risk. Fuchsia does not control Members’ behavior and is not responsible for any physical injury, financial loss, emotional distress, or other harm arising out of such interactions, except to the limited extent required by mandatory law.

17.3 AS IS / AS AVAILABLE. The Platform is provided “as is” and “as available,” without warranties of any kind, express or implied, to the maximum extent permitted by law (including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or quiet enjoyment).

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18. Enforcement; Suspension; Termination; Forfeiture

18.1 Triggers. We may suspend, restrict, or terminate your account, with or without notice, for suspected or actual fraud, AML/CTF concerns, sanctions matches, legal requests, policy violations, security risks, chargeback abuse, or failure to cooperate.

18.2 Effects. Upon termination: (i) access ceases; (ii) Purchased Tokens are forfeited; (iii) Eligible Proceeds and escrow may be withheld pending investigations; (iv) unresolved disputes may result in escrow forfeiture.

18.3 Survival. Sections 5–6, 11–13, 15–19, and 21–24 survive termination.

18.4 Community Standards and Exclusivity. To preserve the safety, quality, and exclusive nature of the community, Fuchsia may, in its reasonable discretion and to the extent permitted by law, restrict or discontinue access to the Platform for Users whose conduct, profile, or activity is inconsistent with these Terms or the Platform’s intended character, even if such conduct does not amount to a clear legal violation.

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19. Limitation of Liability; Indemnity

19.1 Cap. To the maximum extent permitted by law, Fuchsia’s total aggregate liability to you for any claims arising out of or related to these Terms or the Platform is limited to the greater of EUR 100 or the total Subscription fees you paid to Fuchsia in the six (6) months preceding the event giving rise to liability.

19.2 Exclusions. We are not liable for indirect, incidental, consequential, punitive, or special damages; lost profits; loss of data; reputational harm; or third-party acts or omissions.

19.3 Indemnity. You agree to indemnify, defend, and hold harmless Fuchsia and its officers, employees, and agents from and against all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your breach of these Terms, your unlawful conduct, your content, or your misuse of the Platform.

19.4 Mandatory Rights. Nothing excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law (e.g., wilful misconduct). Mandatory consumer rights remain unaffected.

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20. Dormant & Deceased Accounts; Unclaimed Property

20.1 Dormancy. Accounts with no login or transactional activity for 365 days may be deemed dormant. After reasonable notice, we may close dormant accounts, subject to applicable law.

20.2 Unclaimed Property. Where required by law, unclaimed balances are handled under applicable escheat/unclaimed property regimes. Purchased Tokens generally lapse/forfeit upon closure.

20.3 Deceased Users. Upon documented notice, we will process account closure in accordance with law. Tokens generally do not convert into cash claims unless required by mandatory law.

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21. Changes to the Platform; Force Majeure

21.1 Service Changes. We may modify, suspend, or discontinue any feature without liability.

21.2 Force Majeure. We are not liable for delay or failure caused by Force Majeure, including blockchain/network outages.

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22. Notices; Electronic Communications

22.1 Electronic Delivery. You consent to receive all notices electronically via in-app messaging or the contact information you provide. Notices are deemed delivered when sent.

22.2 Accuracy. You must maintain accurate contact details.

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23. Governing Law; Venue; Dispute Resolution

23.1 EEA, United Kingdom, and Switzerland. If you reside in the EEA, the United Kingdom, or Switzerland, these Terms are governed by the laws of Austria (excluding its conflict-of-law rules), without prejudice to the mandatory consumer protection provisions of your country of habitual residence. For Business Accounts, the exclusive venue and competent court shall be the Commercial Court of Vienna (Handelsgericht Wien). EU consumers may alternatively bring claims before their local courts where permitted and may use the EU Online Dispute Resolution (ODR) platform .

23.2 Rest of World (Including the United States).
(a) Informal Resolution. Before initiating formal proceedings, you must first send a written notice of dispute via in-app support and allow 60 days for good-faith informal resolution.
(b) Arbitration. Except for (i) small claims; (ii) injunctive or equitable relief for intellectual property; or (iii) individual claims of sexual assault or harassment related to Platform use, all disputes shall be resolved by binding, individual arbitration under the rules of the American Arbitration Association (AAA) or JAMS (as applicable). The arbitration venue and seat shall be specified in Fuchsia’s notice of arbitration.
(c) No Class Actions / Jury Waiver. You waive the right to participate in any class, collective, or representative action, and waive jury trial rights where legally permissible.
(d) Opt-Out. You may opt out of arbitration within 30 days of creating your account by submitting a dated written notice via in-app support with sufficient identifying details.
(e) Governing Law. The substantive law of the venue specified in the arbitration notice shall apply, without regard to conflict-of-law principles.

23.3 Prevailing Party Fees. The arbitrator or competent court may award reasonable costs and attorney’s fees to the prevailing party where permitted by law.

23.4 Mandatory Rights. Nothing in this Section limits or excludes any rights or remedies that cannot be waived under applicable consumer protection laws.

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24. Miscellaneous

24.1 Entire Agreement. These Terms and the Policies constitute the entire agreement between you and Fuchsia regarding the Platform and supersede prior understandings.

24.2 Severability. If any provision is held invalid, the remainder remains enforceable.

24.3 No Waiver. Failure to enforce any provision is not a waiver.

24.4 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or asset transfer.

24.5 Language. These Terms are in English. Translations are for convenience only; English controls.

24.6 Contact. Until full corporate details are published (legal name, registered address, contact email), all inquiries, notices, and complaints must be submitted via in-app support.

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