BEMELLOU TERMS OF SERVICE

1. Acceptance of Terms

By creating an account on Bemellou ("the Platform," "the Service," "we," "us," or "our"), you ("User," "you," or "Member") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and our Community Guidelines in their entirety. If you do not agree to these Terms, you must not create an account or use the Service. Your continued use of the Platform constitutes ongoing acceptance of these Terms, including any future amendments.

2. Nature of the Service

2.1
Bemellou is a peer-support community platform that provides a space for emotional expression, connection, and belonging. Although we are not a therapeutic service, we care deeply about the emotional well-being of our community. The Platform includes community discussion channels, journaling tools, mood tracking, plushie companion features, and community events.

2.2 — IMPORTANT DISCLAIMER

Bemellou is NOT a mental health service, therapy platform, medical provider, crisis intervention service, or substitute for professional treatment of any kind. The Platform does not provide medical advice, psychological diagnosis, psychiatric treatment, counseling, psychotherapy, or any form of clinical intervention. Nothing on this Platform should be interpreted as medical, psychological, psychiatric, or therapeutic advice.

 

2.3
WE MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTEES, OR PROMISES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, THAT USE OF THE PLATFORM WILL IMPROVE, TREAT, CURE, MANAGE, MITIGATE, OR OTHERWISE AFFECT ANY MENTAL HEALTH CONDITION, PSYCHOLOGICAL STATE, EMOTIONAL DISORDER, OR MEDICAL CONDITION WHATSOEVER.

2.4 — Professional Participation
Psychologists and mental health professionals who participate in Bemellou do so in a community facilitation and educational capacity only, NOT as your treating provider. Their participation does not constitute individual evaluation, clinical follow-up, or personalized intervention. No professional-client, therapist-patient, doctor-patient, or any other professional relationship is established through participation in the Platform. Content shared by professionals is FOR GENERAL INFORMATIONAL AND COMMUNITY PURPOSES ONLY.

2.5
No duty of care, fiduciary duty, or professional obligation is established between any Bemellou professional and any Platform user through participation in the Platform.

2.6 — Peer Support Limitations
Community members are not professionally trained to provide mental health support. Advice, suggestions, and opinions shared by other users reflect personal experiences only and should not be interpreted as professional guidance. You should always consult a qualified professional for any mental health concerns. Bemellou is not responsible for any actions taken based on peer-to-peer interactions within the community.

3. Eligibility & Crisis Resources

3.1 — Age Requirements
The Bemellou app and platform are strictly for users aged 18 and older. You must be at least 18 years of age to create an account or use the Bemellou app and platform. By signing up, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into these Terms.

Physical plush toy purchases through the Bemellou website (bemellou.com) are open to customers of all ages. Customers under 18 are welcome to make purchases with parental or guardian guidance and authorisation.

3.2 — Crisis Resources

If you are experiencing a mental health crisis, suicidal ideation, self-harm urges, or any medical emergency, DO NOT USE THIS PLATFORM AS A SUBSTITUTE FOR EMERGENCY SERVICES. Contact trained professionals immediately.

Emergency Services:	Call 911 (US) or your local emergency number
988 Suicide & Crisis Lifeline:	Call or text 988 (US), available 24/7
Crisis Text Line:	Text HOME to 741741 (US) · 85258 (UK) · 686868 (Canada)
International:	Visit iasp.info/resources/Crisis_Centres/

3.3 — Content Moderation & Safety Intervention
We reserve the right to intervene in, flag, or remove content that suggests imminent risk to any individual's safety. Our moderation team actively monitors the community, and content expressing suicidal ideation, self-harm, or harm to others may be reviewed, removed, and where appropriate, the user may be directed to crisis resources.

4. Assumption of Risk

4.1
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. The Platform is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.

4.2
You understand and acknowledge that:

• (a) interacting with other community members involves inherent emotional risks;
• (b) content shared by other users may be triggering, inaccurate, unhelpful, or emotionally distressing;
• (c) community interactions may not always be positive;
• (d) the Platform cannot guarantee a safe, harassment-free, or triggering-free environment despite our best efforts;
• (e) any reliance on content, advice, suggestions, or interactions found on or through the Platform is strictly at your own risk.

4.3
You voluntarily assume all risks associated with using the Platform, including but not limited to emotional distress, psychological discomfort, exposure to triggering content, negative peer interactions, and any other adverse experience that may arise from Platform use.

5. Limitation of Liability

5.1
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEMELLOU, ITS FOUNDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, PARTNERS, MODERATORS, FACILITATORS, PSYCHOLOGISTS, AND ANY ASSOCIATED PROFESSIONALS (COLLECTIVELY, "BEMELLOU PARTIES") SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Damages for loss of profits, goodwill, use, data, or other intangible losses
• Personal injury, emotional distress, or psychological harm
• Any harm resulting from content posted by users or third parties
• Any failure to improve mental health, emotional wellbeing, or psychological state
• Any adverse outcome resulting from following advice or suggestions found on the Platform
• Self-harm, harm to others, or any other harmful action taken by any user
• Interruption of service, data loss, or security breaches

5.2
This limitation applies regardless of whether such damages are based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and regardless of whether the Bemellou Parties have been advised of the possibility of such damages.

5.3
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BEMELLOU PARTIES EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO BEMELLOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

6. Indemnification

You agree to indemnify, defend, and hold harmless the Bemellou Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or relating to: (a) your use of or inability to use the Platform; (b) any content you post, upload, or share; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) any claim that your content caused damage to a third party; (f) any dispute between you and another user of the Platform; or (g) your violation of any applicable law, regulation, or ordinance.

7. Community Guidelines & Conduct

7.1 — Zero-Tolerance Policy
You agree to treat all community members with respect and kindness. Bemellou operates on a zero-tolerance policy for: hate speech, discrimination, harassment, bullying, threats, doxxing, sharing of personal information without consent, sexual content, spam, solicitation, promotion of self-harm or harm to others, and any illegal activity.

7.2
We reserve the right to remove content and suspend or terminate accounts at our sole discretion, without prior notice, for any violation of these guidelines or for any behaviour we deem harmful to the community. No refund shall be owed in the event of account termination for violations.

7.3
You are solely responsible for all content you post. You represent and warrant that your content does not infringe upon any third-party intellectual property rights, privacy rights, or other legal rights, and that it complies with all applicable laws.

7.4 — Peer Support Disclaimer
Community members are not professionally trained mental health providers. Any advice, suggestions, or shared experiences from other members reflect personal opinions only and should not be taken as professional guidance. If you are facing a serious emotional or mental health challenge, please consult a licensed professional.

7.5 — Prohibited Technical Actions
You agree not to:

• (a) reverse engineer, decompile, or disassemble any part of the Platform;
• (b) attempt to gain unauthorised access to any systems or networks connected to the Platform;
• (c) use any automated means (bots, scrapers, crawlers) to access or collect data from the Platform;
• (d) interfere with or disrupt the integrity or performance of the Platform;
• (e) impersonate any person or entity;
• (f) circumvent any security or access controls.

8. User Content & Intellectual Property

8.1 — Your Content
You retain ownership of original content you create. By posting content on the Platform, you grant Bemellou a non-exclusive, worldwide, royalty-free, sublicensable, perpetual, irrevocable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the operation and promotion of the Platform.

8.2 — Bemellou IP
All Platform designs, features, branding, trademarks, service marks, trade names, logos, code, algorithms, user interfaces, and proprietary content are owned by Bemellou or its licensors and are protected by United States and international intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Platform without prior written consent.

8.3 — DMCA Takedown
If you believe your intellectual property rights have been infringed on the Platform, submit a DMCA takedown notice to support@bemellou.com with: (a) identification of the copyrighted work; (b) identification of the infringing material; (c) your contact information; (d) a statement of good faith belief; (e) a statement under penalty of perjury that the information is accurate; (f) your physical or electronic signature.

9. Plushie Products & E-Commerce

9.1 — Products
Bemellou designs and sells emotional support plush toys through its website at bemellou.com. Physical plushie products are for emotional support and decoration only and have no therapeutic, medical, or clinical properties whatsoever.

9.2 — Orders & Availability
All orders are subject to stock availability. We will notify you if an item is out of stock after you place an order. Prices are listed in USD and exclude shipping and applicable taxes unless otherwise stated. We may update prices without notice, but changes will not affect already-confirmed orders.

9.3 — Payment
We accept most electronic payment methods. Payment is due at checkout. Payment processing is handled securely by Stripe, Inc. (PCI DSS Level 1).

9.4 — Shipping & Delivery
We aim to ship within 5 business days of order confirmation. Delivery times vary by location. Ownership and risk of loss transfer to you once the item ships. Bemellou is not liable for delays caused by carriers or customs.

9.5 — Returns, Refunds & Product Warranty

30-Day Return Window: We offer refunds or exchanges on physical plush toy purchases within 30 days of delivery, for any reason, provided the item is unused, in its original packaging, and accompanied by valid proof of purchase. Bemellou covers return shipping costs for all eligible returns — a prepaid return label will be provided. Defective or Damaged Items: If your plush toy arrives with a manufacturing defect or damage, please contact us at support@bemellou.com within 7 days of delivery with photos of the issue and we will repair, replace, or refund it at our discretion. Return shipping is covered by Bemellou for all defective claims. This warranty does not cover normal wear and tear from regular use.

9.6 — Plushie Verification Codes
Plushie verification codes grant access to certain Platform features, including lifetime digital access. These codes are non-transferable, single-use, and tied to a single user account upon redemption. Lost, stolen, or shared codes will not be replaced. Bemellou is not responsible for unauthorised use of codes.

10. Subscriptions, Payments & Refunds

10.1
Certain Platform features are available only through paid subscription plans. Subscription plans, pricing, and included features are described on the Platform and may be updated from time to time.

10.2 — Auto-Renewal
All subscriptions automatically renew at the end of each billing period (monthly) unless cancelled before the renewal date. You will be charged at the then-current rate for your plan. You may cancel auto-renewal at any time through your subscription management portal.

10.3 — Payment Processing
All payments are processed securely by Stripe, Inc. We do not store your full payment card details. By subscribing, you authorise recurring charges to your payment method and are responsible for maintaining accurate and current payment information.

10.4 — Subscription Refund Policy
Subscriptions are generally non-refundable. However, you may request a refund within 7 days of your initial subscription purchase if you have not substantially used paid features during that period. Refund requests should be submitted to support@bemellou.com. We reserve the right to evaluate and approve or deny refund requests at our sole discretion. Promotional discounts, free trials, and credits are non-refundable and non-transferable.

10.5 — Price Changes

We may change subscription pricing with at least 30 days advance notice. Price changes will apply at the start of your next billing cycle following the notice period.

10.6 — Termination for Violations
If your account is terminated for violation of these Terms or Community Guidelines, no refund or proration of subscription fees will be provided.

11. Dispute Resolution & Arbitration

11.1 — Binding Arbitration
ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE PRIVACY POLICY, OR THE PLATFORM SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING.

11.2
Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration shall take place in the State of Florida or remotely via video conference, at the arbitrator's discretion. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3
You agree that any claims must be brought within one (1) year of the event giving rise to the claim, or such claim is permanently barred, regardless of any statute of limitations that might otherwise govern.

11.4 — Small Claims Exception
Either party may bring individual claims in small claims court if the claims qualify.

11.5 — Opt-Out
You may opt out of this arbitration agreement by sending written notice to support@bemellou.com within 30 days of first accepting these Terms. The notice must include your name, address, email address, and a clear statement that you wish to opt out of arbitration.

12. Electronic Communications Consent

12.1
By creating an account, you consent to receive electronic communications from Bemellou, including: (a) account-related emails (verification, password reset, security alerts); (b) service updates and announcements; (c) subscription and billing notifications. These transactional communications are necessary for the operation of your account.

12.2
You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

13. Force Majeure

Bemellou shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, telecommunications failures, internet outages, power outages, cyberattacks, third-party service provider failures, or government-mandated shutdowns.

14. Third-Party Services & Links

14.1
The Platform may contain links to or integrations with third-party websites, services, or applications (including payment processors, analytics services, and hosting providers). These third-party services are governed by their own terms and privacy policies, which we encourage you to review.

14.2
Bemellou is not responsible for the content, privacy practices, availability, or security of any third-party services. Your interactions with third-party services are solely between you and the third party.

15. Modifications & Termination

15.1
We reserve the right to modify these Terms at any time. Material changes will be communicated through the Platform and via email with at least 30 days notice. Continued use after changes take effect constitutes acceptance. If you disagree with any changes, you must discontinue use and delete your account.

15.2
We may suspend or terminate your account at any time, with or without cause. For termination without cause, we will provide at least 7 days notice where practicable. For termination with cause (violation of these Terms), we may act immediately without notice or liability.

15.3
Upon termination, your right to use the Platform ceases immediately. Sections regarding Limitation of Liability, Indemnification, Dispute Resolution, Assumption of Risk, Intellectual Property, Data Retention, and any other provisions that by their nature should survive, shall survive termination of these Terms and your account.

16. No Waiver

The failure of Bemellou to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Bemellou.

17. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of Bemellou. Bemellou may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these Terms.

18. Severability & Governing Law

18.1
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent.

18.2

These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles. For any disputes not subject to arbitration, the exclusive venue shall be the state or federal courts located in Florida.

19. Export Compliance

You represent that you are not located in a country subject to a U.S. Government embargo and that you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable export control laws and regulations in your use of the Platform.

20. Entire Agreement

These Terms, inclusive of the Privacy Policy set forth in Part B, the Community Guidelines set forth in Section 7, and all policies incorporated by reference, constitute the entire agreement between you and Bemellou regarding your use of the Platform and supersede all prior or contemporaneous understandings, proposals, or communications, whether oral or written, relating to such subject matter.

CONTACT & PLAIN LANGUAGE SUMMARY

Contact Information
All inquiries — general support, legal matters, privacy & data requests, DMCA notices: support@bemellou.com

In Plain Language
Bemellou is a community, not therapy, not a medical service, not a crisis line. We built this because we care deeply about emotional well-being and believe nobody should have to feel alone. We can't promise outcomes, but we can promise a space designed with heart.

The Bemellou app is for adults 18 and older — strictly. Our website and plushies are for everyone; all ages are welcome to shop, with parental guidance encouraged for younger customers.

Our 30-day return policy means you can return any unused plushie within 30 days of delivery, for any reason, with free return shipping on us. If something arrives damaged, let us know within 7 days and we will make it right.

We protect your data seriously — we never sell it, and you can request deletion at any time. Be kind to each other, remember that fellow members aren't trained professionals, and please reach out to qualified help for serious concerns. We're really glad you're here.

© 2026 Bemellou Inc. · Miami, Florida, United States · bemellou.com · support@bemellou.com