Terms and Conditions

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Terms of Use

Effective as of August 21, 2024

ABOUT US

Our Platforms (“Platforms” means website(s), including but not limited to: https://luvly.care, (the “Site”), mobile applications (means applications and games (each an “App”, collectively “Apps”)) and any related documentation, services; any images, logos, music, photographs and video content, software, designs, graphics, photos, images, illustrations, animations, videos, scripts, texts, music, sounds, voiceover, interactive features, wellness plans, and all other materials and content accessible within the Apps or Site that are incorporated into and form part of our Apps and etc. (“App Content”) are owned, managed and operated by the Company).Company shall mean:(1) GISMART LIMITED, a private company limited by shares, incorporated and registered in England and Wales with company number 10152488 whose registered office is at 151 Wardour Street, London, England, W1F 8WE.We can be contacted by writing to: (1) GISMART LIMITED, 151 Wardour Street, London, England, W1F 8WE, via https://account.luvly.care/contact-form.The Apps available via the Platforms may also be distributed to you by our partners:EXTRAMILE LIMITED, a company incorporated in Cyprus, company number ΗΕ 445953, whose registered office is located at Prodromou, 75, ONEWORLD PARKVIEW HOUSE, Floor 4, 2063, Nicosia, Cyprus;Fulfilling Inc., a Delaware corporation with its registered address at 1007 N Orange St. 4th Floor Ste 1382, Wilmington, New Castle, 19801.These terms of use (“Terms” or “Agreement”) constitute a legally binding agreement between you and us regarding your use of our Platforms. In addition to these Terms, the following terms apply and form part of your agreement with us (“Privacy Policy”). Access to and use of our Platforms is expressly conditioned upon acceptance of these Terms and Privacy Policy. By creating an Account or accessing or using the Platforms, you acknowledge that you accept and agree to be bound by the provisions of these Terms and Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS AND PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE PLATFORMS.Our Platforms are not intended for children (under the age of 13 or such higher age as required by applicable law). We do not knowingly collect or solicit any personal data or target interest-based advertising to children, and we do not knowingly allow children to register for or use the Platforms. Children should not use our Platforms or send us any personal data about themselves at any time. If we learn that we have inadvertently gathered personal data from children, we will take reasonable measures to promptly erase such information from our records. If you believe that we might have information from or about a child, please contact us via https://account.luvly.care/contact-form.If you use our Platforms on any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the device.Please note that any terms you have with your respective mobile network provider (“Mobile Provider”) continue to apply, and you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing our Platforms and any third-party charges as may arise from time to time. You will be solely responsible for any costs and other charges or expenses charged by your Mobile Provider, internet service provider, network operator and/or any other third-party provider in relation to your internet service, your mobile service and any use of our Platforms. In the event that you are not the bill payer for the device being used to access our Platforms, you will be assumed to have obtained permission from the relevant bill payer for using our Platforms.Any words following the terms ‘including’, ‘include’, ‘in particular’, ‘for example’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.While all of these Terms are important, you should pay particular attention to:

the conditions of use of our Platforms as set out in “YOUR USE OF THE PLATFORMS” paragraph;
our liability to each other as set out in “LIMITATION OF LIABILITY” paragraph, and
when we may bring these Terms to an end as set out in the “TERMINATION” paragraph.

OUR PLATFORMS

Our Platforms include our Site, our App and App Content.You accept and agree that the name of the Apps in different stores (e.g., App Store and Google Play) stores may vary (for example, depending on the locale). For the avoidance of doubt, the functionality of the App will remain the same, only the name itself may change.

MEDICAL DISCLAIMER

WHILE WE DO OUR BEST TO PROVIDE YOU WITH USEFUL INFORMATION, PLEASE REMEMBER THAT OUR PLATFORMS ARE SOFTWARE AND NOT A HUMAN DOCTOR OR PHYSICAL MEDICAL DEVICE. OUR PLATFORMS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THEY DO NOT INVOLVE THE PROVISION OF MEDICAL CARE, DIAGNOSIS, TREATMENT, EVALUATION OR THERAPY RELATED TO EXERCISE, NUTRITION, WEIGHT LOSS, WELLNESS, MENTAL HEALTH AND SHOULD NOT BE USED TO DIAGNOSE, TREAT OR MANAGE ANY INJURY, ILLNESS, DISEASE OR CONDITION. OUR PLATFORMS ARE NOT INTENDED FOR USE BY MEDICAL PERSONNEL.THE INFORMATION PROVIDED ON THE PLATFORMS IS NOT INTENDED TO AND SHOULD NOT BE USED AS A SUBSTITUTE FOR (A) PROFESSIONAL MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER; (B) FACE-TO-FACE CONSULTATION WITH YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER; AND/OR (C) INFORMATION PROVIDED ON PRODUCT PACKAGING OR LABELS. IF YOU HAVE ANY HEALTH CONCERNS, IT IS IMPORTANT TO CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER IMMEDIATELY. IN THE EVENT OF AN EMERGENCY, PLEASE CONTACT THE EMERGENCY SERVICES IN YOUR COUNTRY OF RESIDENCE IMMEDIATELY.THE EXCHANGE OF CONTENT, IN WHOLE OR IN PART, BY EMAIL OR OTHERWISE, DOES NOT CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US.YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT THE INFORMATION PROVIDED BY OUR PLATFORMS WILL ALWAYS BE BASED ON THE INFORMATION THAT YOU HAVE PROVIDED TO US THROUGH THE PLATFORMS. IT IS YOUR RESPONSIBILITY TO ENSURE THAT THIS INFORMATION IS ACCURATE AND COMPLETE AND YOU ACCEPT THAT ANY FAILURE TO DO SO (WHETHER INTENTIONAL OR NOT) MAY AFFECT THE INFORMATION WE ARE ABLE TO PROVIDE TO YOU AND MAY HAVE CONSEQUENCES FOR WHICH WE ARE NOT RESPONSIBLE.YOU SHOULD NEVER RELY ON OR MAKE DECISIONS ABOUT YOUR HEALTH OR WELL-BEING BASED SOLELY ON INFORMATION PROVIDED ON OUR PLATFORMS. IN ADDITION, YOU SHOULD ALWAYS SEEK ADVICE BY MAKING A FACE-TO-FACE APPOINTMENT WITH A LICENSED AND QUALIFIED PROFESSIONAL. IT IS IMPORTANT THAT YOU NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ATTENTION BASED ON ANY CONTENT PROVIDED ON THE PLATFORMS. YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT ALTHOUGH OUR PLATFORMS MAY PROVIDE USEFUL INFORMATION, WE CANNOT ASSESS WHETHER THE USE OF THE PLATFORMS IS RIGHT AND APPROPRIATE FOR YOUR NEEDS. WE MAKE NO PROMISES AS TO THE ACHIEVEMENT OF ANY PARTICULAR LEVEL OF SUCCESS. WE ARE NOT LIABLE FOR ANY POSITIVE OR NEGATIVE RESULTS FROM THE USE OF OUR PLATFORMS. WE ARE NOT RESPONSIBLE FOR ANY INADVERTENT ERRORS OR OMISSIONS IN THE APP CONTENT PROVIDED, NOR ARE WE RESPONSIBLE FOR ANY ETHICAL OR MORAL VIOLATIONS RELATED TO THE FITNESS INFORMATION PRESENTED HERE, ACCORDING TO THE STANDARD OF YOUR COMMUNITY.

REGISTRATION

In order to make full use of our Platforms, you may be required to register for an account (“Account”). You acknowledge and agree that the information provided by you is true, accurate and correct. You agree to promptly notify us in writing in the event of any changes to any of your information. We cannot, however, guarantee the absolute security of your Account and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Platforms.Your login details are for your own personal use only and you must keep your login details confidential and secure. Sharing your login details with any other person is strictly prohibited.You must notify us immediately if you suspect or become aware of any unauthorized use of your login details or any breach of our security via https://account.luvly.care/contact-form and giving details of the unauthorized use or breach.Without prejudice to our rights and remedies, we reserve the right to promptly disable your Account details and suspend your access to any of our Platforms, if in our reasonable opinion, we believe that you have breached any of the provisions of these Terms.

SUBSCRIPTIONS

Free or paid trialWe may offer a free or paid trial subscription for the use of Platforms. Unless you cancel at least 24 hours before the end of the trial, you will be automatically charged a price indicated on the payment screen or/and Apple’s/Google’s or in our web page payment pop-up screen for a chosen subscription period. Please note that if a trial is offered, this will be explicitly stated on the price screen before the checkout. If this is not the case, you will purchase our subscription without a trial.SubscriptionThe subscription renews automatically for the same period at the end of each subscription period (each week, month, 6 months, year, or otherwise, depending on the option selected by you at the time of purchase) at the cost of the chosen plan. Your Account will be charged for the renewed subscription within 24 hours prior to the end of the current subscription. If you cancel the automatic renewal within the last 24 hours of the subscription, such cancellation will take effect at the end of the new subscription. We hereby notice that the cost of any subscription may vary.You may choose to add an additional features plan to your subscription. This additional feature plan will be merged with the main plan comprising the subscription.Payment methodPayment methods for App Store or Google Play applicable in your region or credit card, PayPal, Apple Pay, Google Pay for our Site.Payment will be charged to the payment method you submitted at the time of purchase at confirmation of purchase (after you confirm by single-touch identification, facial recognition, or entering your payment method details on the web, or otherwise accepting subscription terms provided on the payment screen or on the pop-up screen provided by Apple/Google or on our web page) or after the end of the trial period. You authorize us to charge the applicable subscription fees to the payment method that you use.Receiving and processing paymentsThe Company, in its exclusive discretion and prerogative, shall ascertain and designate the specific Account to be employed for the processing of any and all payments attributable to you, thereby retaining full authority and autonomy in the selection thereof.Refund for completed challengeFrom time to time, we may offer various challenges. So, if you purchased a subscription on the Site, where the promotional offer “Complete Your 4-Week Program and Get a Full Refund” is indicated (hereinafter referred to as the "Challenge"), then you have the right to receive a refund if you meet each and all conditions described below:

You must complete your Сhallenge within sixty (60) calendar days from the date of purchase of your subscription. However, if you start the Challenge, you must complete it for 28 consecutive days.
Here are a few illustrative cases:
1. you purchased a subscription on the Site where the promotional offer “Complete Your 4-Week Program and Get a Full Refund” is indicated on May 01. You started taking the Challenge on May 10 and completed it for 28 consecutive days - in this case, you are entitled to receive a refund;
2. you purchased a subscription on the Site where the promotional offer “Complete Your 4-Week Program and Get a Full Refund” is indicated on May 01. You started taking the Challenge on May 10, completed 14 consecutive days, then missed 1 day, and then completed another 14 consecutive days. - in this case, you are not entitled to receive a refund since the condition of continuous completion is not met;
3. you purchased a subscription on the Site where the promotional offer “Complete Your 4-Week Program and Get a Full Refund” is indicated on May 01. You started taking the Challenge on July 20. Completed 28 consecutive days of the Challenge. - in this case, you are not entitled to receive a refund since the condition on the maximum period for completing the Challenge from the date of purchase of the subscription has not been met;
4. you purchased a subscription on the Site or in the App where the promotional offer “Complete Your 4-Week Program and Get a Full Refund” is not indicated. You started taking the Сhallenge and completed it for 28 consecutive days - in this case, you are not entitled to receive a refund since you were not provided with a promotional offer;
After completing the Challenge (as specified in clause 1 above), you must contact us via https://account.luvly.care/contact-form within (30) thirty calendar days; indicate your email address that you provided to us when purchasing a subscription; describe in a few words what the refund is for; and attach a screenshot from the App using one of the following ways available to you (please note that only one of the ways may be available to you, so if the first method does not work, use the second one):
- Open the “Today tab”, tap on the Week card, tap on “View All Program”, scroll down to “Your weekly results within the full program” section, and make a screenshot.
- Open the “Today tab”, tap on “View Program”, scroll down to “Your weekly results within the full program” section, and make a screenshot.
The screenshot obtained by either way should show 4 weeks, each marked with a green check mark.
Here are a few illustrative cases:
1. you purchased a subscription on the Site where the promotional offer “Complete Your 4-Week Program and Get a Full Refund” is indicated on May 01. You started taking the Challenge on May 10 and completed it for 28 consecutive days. Next, you contacted us via https://account.luvly.care/contact-form; indicated your email address that you provided to us when purchasing a subscription; described in a few words what the refund is for; and attached a screenshot from the App as specified above - in this case you have the right to receive a refund;
2. you purchased a subscription on the Site where the promotional offer “Complete Your 4-Week Program and Get a Full Refund” is indicated on May 01. You started taking the Challenge on May 10 and completed it for 28 consecutive days. Next, you contacted us via https://account.luvly.care/contact-form; indicated your email address that you provided to us when purchasing a subscription; described in a few words what the refund is for; and did not attach a screenshot from the App as specified above or attach incorrect screenshot - in this case you are not entitled to receive a refund since you did not attach required screenshot;
3. you purchased a subscription on the Site where the promotional offer “Complete Your 4-Week Program and Get a Full Refund” is indicated on May 01. You started taking the Challenge on May 10 and completed it for 28 consecutive days. Next, you are not contacted us via https://account.luvly.care/contact-form or contacted via other means of communication; indicated your email address that you provided to us when purchasing a subscription; described in a few words what the refund is for; and attached a screenshot from the App as specified above - in this case, you are not entitled to a refund on the grounds that you contacted us via the incorrect means of communication;
4. you purchased a subscription on the Site where the promotional offer “Complete Your 4-Week Program and Get a Full Refund” is indicated on May 01. You started taking the Challenge on May 10 and completed it for 28 consecutive days. Next, you contacted us via https://account.luvly.care/contact-form; not indicated your email address that you provided to us when purchasing a subscription and/or not described in a few words what the refund is for; and attached a screenshot from the App as specified above - in this case you are not entitled to a refund on the grounds that the you are not described in a few words what the refund is for.
The maximum refund amount for the Challenge is 60.00 (sixty) US dollars.
Upon successful completion of the Challenge and compliance with all the Challenge conditions specified above, you have the right to a refund ONLY of the first subscription payment. You acknowledge and agree that no subsequent payments (e.g. payment for renewal (extension) of a subscription, payment for additional and/or special offers of goods and/or services (upsell offers) and others) are non-refundable.
The refund will be made to the same account used for purchasing your subscription.
You can participate in the Challenge only once. If, after receiving a refund for the Completed Challenge, you cancel your subscription and then buy it again, you will not be eligible for a refund despite the conditions described when purchasing the subscription again.
Each user is allowed to participate in the Challenge only once. The Terms shall apply to these Challenge rules.
If you violate other rules set forth in these Terms, you may be denied a refund.
Unless you cancel the auto-renewal of the subscription, we will automatically renew your subscription at the date specified in your confirmation email.

DisputeIf, at any time, we record a decline, chargeback or other rejection of a charge of any payable fees on your Account (“Dispute”), this will be considered as a breach of your payment obligations hereunder, and your use of our Platforms may be automatically disabled or terminated.In the event a Dispute is performed, your Account may be blocked without the option to re-purchase or re-use it, and any data contained in such Account may be subject to cancellation.If you have any questions or concerns regarding a payment made to us, we encourage you to first contact our customer support team before submitting a Dispute or reversal of payment in order to prevent the purchased subscriptions from being cancelled and your Account from being suspended, and to avoid submitting an unwarranted or incorrect Dispute, which may result in you being liable for the applicable fees, in addition to repaying all fees applicable to the purchased subscriptions (and Dispute).Additional Subscription TermsIf you choose the credit card payment method, we reserve the right to charge a validation fee in the amount of $0.50 (the price may slightly vary due to region and currency exchange rates) to make sure that your payment method is valid. Please note that an immediate refund will be issued for this charge to your payment method.In case when processing a payment, you don’t have enough funds to subscribe or bill for reporting month of subscription, we may apply a discount automatically as a one-time action. The discount does not apply to subsequent payments for auto-renewing subscriptions. The discount amount is determined at our discretion.ChangesTo the maximum extent permitted by applicable laws, we may change subscription fees at any time. We will give you advance notice of any such pricing changes by posting the new prices on or through the app or by emailing you notification, or in other prominent ways. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect.If you have any questions in relation to the subscription terms, please contact us via https://account.luvly.care/contact-form.

FEES

WEB PURCHASE

After completing the questionnaire on the Site, you can select the subscription that you would like to use. Subscriptions are available for various periods, and further details of each type of subscription and its cost are detailed on the Site. In some cases, set by us, based on our promotional plans, we may offer discounted subscription prices.

IN-APP PURCHASE

Once you have installed our Apps from Google Play or App Store, you can select the subscription that you would like in order to use each App. Subscriptions are available for various periods and further details of each type of subscription and its cost are detailed on the App.

App Content may be made available via in-app purchasing.
All transactions between you and us will be processed through either Google Play or the App Store, depending on the store from which you have downloaded the App.
In some cases, set by us, based on our promotional plans, we may offer discounted subscription prices.

You understand and agree that your payments may be processed by third-party payment processors, which may impose additional fees, commissions, rewards, etc. for payments. We are not responsible for and do not cover such additional costs.

YOUR USE OF THE PLATFORMS

In return for your agreeing to comply with these Terms you may:

download our Apps onto a device and view, use and display our Apps on the device for your personal non-commercial purposes only;
receive updates to the software code of our Apps through either Google Play or the App Store, depending on the store from which you have downloaded the App – these may incorporate patches and corrections of errors as we may provide to you.

Your right to use our Apps is personal to you, you may not otherwise transfer our Apps to anyone else for any reason. If you sell or give away any device on which our Apps is installed, you must remove our Apps from it first.The ways in which you can use our Apps may also be governed by the terms and conditions of the store from which you downloaded the App. In the event of a conflict between these Terms and the terms and conditions of the store from which you downloaded our Apps, the terms and conditions of the store from which you downloaded our Apps shall prevail.You understand and agree that the Apps may require an updated operating system, operating system version, etc. to function correctly, and each App has its own technical requirements (including requirements for the operating system, its version, etc.). Please monitor the operating system for updates and update it to ensure the Apps works correctly. Make sure you are using the latest version of your web browser when accessing the Site, as that will help prevent security problems and ensure all the Site features work for you.You are responsible for all of your activity in connection with the Platforms and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes.

PROHIBITED USE OF OUR PLATFORMS

Unless you have requested and received our prior written consent or unless expressly permitted in these Terms, you must not:

copy, adapt, alter, modify or translate our Platforms in whole or in part, or combine or merge our Platforms with any other object code or program;
reverse engineer, decompile, disassemble, reduce the object code of our Platforms to source code form or create (or attempt to create) derivative works based on the whole or any part of our Platforms, except to the extent permitted by applicable law, and provided that the information obtained by you during such activities:
- is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it to in accordance with applicable law; and
- is not used to create any software that is substantially similar in its expression to our Platforms.
- is kept secured; and
- is used only in accordance with applicable law;
distribute, sublicense, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer our Platforms or your right to use our Platforms;
incorporate our Platforms into another service or website or make it available via framing or mirrors;
extract any data or metadata from our Platforms nor create any index or database incorporating any part of it;
use or distribute unauthorized software programs or tools, such as “auto” software programs, “macro” software programs, “cheat utility” software program or applications, exploits, cheats, or any other hacking, altering or cheating software or tool;
do anything that may cause damage to our Platforms or carry out any harmful or illegal activities using our Platforms;
use any robot, spider or other automated device or process to access Platforms for any purpose or copy any material;
use our Platforms in any manner not expressly authorized by these Terms and for any commercial purpose or revenue-generating endeavor;
publish, post, upload or distribute user content (it may be any material, information, data, or other content that is generated, created, uploaded, submitted, or otherwise provided by users. This content can include text, images, videos, audio recordings, files, comments, messages, and any other form of digital or multimedia content that users contribute to our Platforms hereinafter referred to as “User Content”) or content that is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically, or otherwise objectionable, or in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Platforms, or which may expose us or our users to any harm or liability of any type and/or publish, post, upload, distribute or in any other way use content, the use of which or the content itself violates the intellectual and/or other rights of third parties;
remove, modify, block, disable, obscure or impair any copyright, trademark, or other proprietary notices, material or advertising belonging to us, our licensors or other third parties contained within our Platforms or infringe any rights (including intellectual property rights) belonging to us or any third party in relation to your use of our Platforms.

LIMITED LICENSE TO THE PLATFORMS

We grant you a personal, revocable, non-transferable, non-sublicensable, and non-exclusive right and license to access and use the Platforms, provided that you do not (and do not allow any third party to) copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Platforms, except where permitted by applicable law. You agree not to access the Platforms by any means other than provided by us. Your use of the Platforms is limited to your personal, non-commercial use only.All rights, title, and interest in and to the Platforms, encompassing text, images, photos, audio, video, location data, software, code, and all other forms of data or communication provided by the Company within the Platforms, including visual interfaces, interactive features, graphics, design, compilation of User Content, are exclusively reserved by the Company. Any utilization of the Company’s software, title, trade name, trademark, service mark, logo, domain name, or any other identification with notable brand features or content owned by the Company requires prior written permission from the Company. Permission requests may be sent via https://account.luvly.care/contact-form. The App Content is solely permitted for use within our Apps and may not be enjoyed independently. Apart from the rights expressly granted in these Terms, no express or implied rights are conferred to you, and all rights to the Platforms remain retained by us.Unless otherwise expressly declared, any communications you send to us or publish in Google Play or App Store are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such communications at our own discretion. You agree to authorize us to make use of such communications for free, and revise, modify, adjust and change it contextually, or make any other changes, in each case as we deem appropriate.

LICENSE TO USER CONTENT

You retain all rights to such User Content that you post, share, or log in the App. By providing your User Content to the Platforms, you grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute User Content in connection with providing and operating the Platforms and related services and/or for the Company’s promotional purposes (for example, by displaying on our Site, within the Platforms, in social media, on any website or platform on the internet as we may deem appropriate), subject to the Privacy Policy.

WARRANTY DISCLAIMER

THE PLATFORMS ARE PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. NEITHER THE COMPANY, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS OR CONTENT PROVIDERS WARRANTS, AND EACH OF THEM HEREBY EXPRESSLY DISCLAIMS, THAT: (A) THE PLATFORMS WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORMS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE PLATFORMS WILL MEET YOUR REQUIREMENTS. OR (E) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS, OR COMMUNICATIONS PROVIDED BY THIRD PARTIES ON OR THROUGH THE APP, INCLUDING IN SECRET CHATS. YOUR USE OF THE APP IS SOLELY AT YOUR OWN RISK. THERE ARE SOME LOCATIONS WHERE APPS WITH PAID FOR IN-APP PURCHASING PRODUCTS ARE NOT PERMITTED AND THEREFORE IN THOSE LOCATIONS OUR APPS WILL NOT BE VISIBLE TO APP STORE USERS REGISTERED IN THOSE LOCATIONS. SOME STATES, COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THE USE OR MISUSE OF THE PLATFORMS. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF USE, PROFITS, OR DATA, REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, EQUITY, OR OTHER LEGAL THEORIES. THE TOTAL LIABILITY OF THE COMPANY UNDER THESE TERMS OR RELATED TO THE USE OF THE PLATFORMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE PLATFORMS USE, OR ONE HUNDRED DOLLARS ($100) IF NO PAYMENT OBLIGATIONS EXIST. WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE, OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE TECHNICAL REQUIREMENTS ADVISED BY US. IT'S IMPORTANT TO NOTE THAT SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY, THUS THE AFOREMENTIONED LIMITATIONS MAY NOT APPLY TO YOU. FURTHERMORE, NEITHER THE COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, RESULTING FROM YOUR USE OR MISUSE OF THE PLATFORMS. VARIOUS STATES OR COUNTRIES MAY IMPOSE CONSTRAINTS ON THE LIMITATION OF LIABILITY. THIS AGREEMENT DOES NOT INTEND TO EXCLUDE OR LIMIT OUR LIABILITY WHERE IT WOULD BE UNLAWFUL TO DO SO. ANY PROVISION THAT ATTEMPTS TO EXCLUDE OR LIMIT LIABILITY BEYOND WHAT IS PERMITTED BY APPLICABLE LAW SHALL BE CONSTRUED TO LIMIT OUR LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY LAW.

INDEMNITY

To the extent permitted by applicable law, you will indemnify, defend, and hold us, our subsidiaries, affiliates, related parties, successors, officers, agents, representatives, employees, contractors, partners, and licensors (“Indemnified Parties”) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

your use or misuse of the Platforms;
your violation of these Terms and/or other policies that may apply to you;
your violation of applicable law;
any misrepresentation made by you to any of the Indemnified Parties;
your violation of the rights of any third party; and/or
any disputes or issues between you and any third party.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

THIRD-PARTY WEBSITES

We sometimes link to third-party services (whether by way of advertisements or otherwise), e.g., when you register in our Platforms through social media etc. A few things to bear in mind:

we don’t endorse the websites and the services we link to;
we’re not responsible for their content or liable for anything that happens to you if you use them;
if you or anyone else shares something containing a link, we’re not responsible for anything on the site it links to;
external websites and services usually have their own terms of use and privacy policies.

YOUR PRIVACY

All personal data that we process in connection with your use of our Platforms is collected, stored, used, disclosed, and otherwise processed by us following our Privacy Policy. Cookie Policy describes the information we collect through the use of cookies and similar technologies, how and why we use cookies and similar technologies, how our third-party business partners use cookies and similar technologies, and ways you can opt out of using cookies and similar technologies.

SUPPORT

If you have any concerns regarding our Platforms, please contact us using the details provided in “ABOUT US” paragraph. If we have to contact you, we will do so by email, using the contact details you have provided to us. Providing a valid email address is the sole responsibility of the user. If an incorrect email address is specified, the user may be limited in access to the application, as well as in receiving response from Company's support for objective reasons.We will use reasonable endeavors to ensure that our Platforms are available for download and use at all times. However, our Platforms are provided over the internet and mobile networks and so their operation and availability may be affected by factors outside of our control at any time for any reason. We do not guarantee that use of or access to our Platforms will always be available and/or uninterrupted.

ADVERTISING AND MONETISATION

You acknowledge that our Platforms may be supported by advertising revenues, and we may place advertising, promotions or sponsored content on our Platforms or in conjunction with the App Content. You acknowledge that we may not always identify advertising, promotions and sponsored content and the manner, mode and extent of such advertising, promotions and sponsored content is subject to change without notice to you. We may at our sole discretion provide the ability to pay to remove advertisements via the settings menu within our Platforms.

CHANGES TO OUR PLATFORMS

From time to time, we may automatically update our Platforms to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Such updates may cause temporary interruptions. We do not guarantee proper performance and full functionality of the Platforms, if you turn off automatic updates. We cannot assume any liability or obligation for any interruption, modification, failure, delay, loss of Content or discontinuance within the Platforms due to such updates. Updates to our Apps will maintain compatibility with the operating system versions available on the App Store from which you initially downloaded the App.

CHANGES TO THESE TERMS

These Terms may only be modified with our prior written consent. We may alter or amend these Terms, including introducing new terms, that are:

the result of a change in applicable law or our business;
necessary for the provision of our Platforms; or
the result of any improvements to our Platforms.

If we make any changes (including any changes to our policies), we will give advance written notice to you via electronic communication within our Apps. If you notify us in writing within the thirty (30) days that you do not accept the change, these Terms will terminate immediately. However, if you continue to use our Platforms after providing such notice or after the thirty (30) day period, you are accepting these Terms as updated.We are under no obligation to notify you of any changes to these Terms that result in minor adjustments or corrections to these Terms.

NOTICE AND TAKEDOWN PROCEDURES

We are committed to responding to any alleged copyright violations, should they occur.If you believe that your content has been copied in a way that constitutes copyright infringement, you or your agent may submit a Digital Millennium Copyright Act («DMCA») notification to us. If we find that there has been an alleged or actual infringement, we will take appropriate action under the DMCA and other intellectual property laws.Alternatively, you can send the notice to us via https://account.luvly.care/contact-form or contact us by mail or post.Such notice must be in writing and contain the following information:

your address, telephone number, and e-mail address;
a description of the copyrighted work or other intellectual property that you claim has been infringed (including infringing and source URL);
information sufficient to permit us to locate the alleged infringing work. If possible, please provide links to the exact location so that we may quickly and more easily locate the material or link;
include the following statement: «I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law»;
include the following statement: «I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed»;
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.

In case of any material breach, we may remove the content from Platforms, prevent access to it, terminate or block access for those responsible for such content, and/or any other action deemed appropriate.Counter-NoticeIf you believe that your content has been removed (or accessed is disabled or blocked) is not infringing, or that you have been permitted to upload and use such content by the copyright owner (or his agent), or as required by law, you may send a Counter-Notice, including the following information to us.

your name, address, telephone number, and e-mail address;
description of the content that has been removed or to which access has been disabled;
location at which the content appeared before it was removed or disabled;
statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content;
statement that you consent to the jurisdiction of the federal court located within your place of residence, and a statement that you will accept service of process from the person who provided notification of the alleged infringement;
your physical or electronic signature.

Once we receive a Counter-Notice, it will notify the original complaining party that it may replace the removed content or cease disabling it in 14 business days. We will replace your content or restore access to it within 10 to 14 business days at our sole discretion unless the copyright owner files an action seeking a court order.At our sole discretion, we may limit access to the Platforms as well as terminate the subscription or access of any user who infringes any intellectual property rights of us and our licensors or other users, if they are deemed as repeat infringers.

TERMINATION

These Terms apply from when you start to use our Platforms (the “Effective Date”) and will remain in full force and effect while you use our Platforms until terminated in accordance with this paragraph.We may terminate these Terms and your use of our Platforms, or suspend your use of our Platforms, immediately by written notice to you if:

we consider that you have used our Platforms in violation of these Terms;
we believe there has been unauthorized access to our Platforms;
we, at our sole discretion, decide to withdraw our Platforms (whether in whole or in part);
we have a legal or regulatory obligation imposed on us, which impacts our ability to provide our Platforms;
you requested the deletion of your Account / personal data;
for any other reason provided that we have given you advance written notice by email, SMS or via an electronic communication within our Platforms.

We may discontinue licensing any of the App Content at any time at our sole discretion. In this instance you will be able to continue to use our Apps with the App Content, but it will no longer be available on app stores and will no longer be supported by us.You can terminate these Terms by ceasing to use our Platforms. If you purchased a subscription as specified in paragraph “SUBSCRIPTIONS”, you should also cancel your subscription directly.

CANCELLATION

WEB CANCELLATION

Your subscription renews automatically at the end of each period until you cancel. You must cancel your subscription before it renews to avoid the billing of the fees for the next subscription period. If you purchased a subscription or enabled trial on our Site:

cancel your subscription purchased on our Site in your account:
- Open the “Web Profile”;
- Log into your Account;
- Navigate to the Subscriptions tab;
- Tap “Turn off auto-renewal”.
cancel your subscription purchased on our Site via sending a cancellation request via Contact form.

IN-APP CANCELLATION

Your subscription renews automatically at the end of each period until you cancel. You must cancel your Subscription before it renews to avoid the billing of the fees for the next subscription period.

if you purchased the subscription or enabled trial on the App Store, please, change subscription settings of your Account. To avoid being charged, cancel the subscription in your account settings at least 24 hours before the end of the trial or the current subscription period. Learn more about managing subscriptions (and how to cancel them) on the Apple support page.
if you purchased the subscription or enabled trial on Google Play, please, change subscription settings of your Account. To avoid being charged, cancel the subscription in your account settings at least 24 hours before the end of the trial or the current subscription period. Learn more about managing subscriptions (and how to cancel them) on Google’s support page.

IF YOU UNINSTALL THE APP, YOUR SUBSCRIPTION WILL NOT STOP AUTOMATICALLY. YOU MUST CANCEL THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION IN ORDER NOT TO BE CHARGED WITH THE COST OF THE NEW SUBSCRIPTION.

WITHDRAWAL

If you are a consumer based in the EEA or Switzerland, you have a legal right to withdraw from contracts for online purchases of services. When you purchase digital content online, even just one item, you’re agreeing that it’s available to you immediately. Because of this, you lose your right of withdrawal and will not be eligible for a refund. Similarly, if you subscribe to use our Platforms, which are available continuously, you’re agreeing that your use of our Platforms begins immediately upon purchase of the subscription.To exercise their right to withdraw, you must send us unequivocal statement of their intention to withdraw from the contract either - GISMART LIMITED, 151 Wardour Street, London, England, W1F 8WE, by contacting us via https://account.luvly.care/contact-form or HARMONYBIT LTD, Spyrou Kyprianou, 79, PROTOPAPAS BUILDING, 2nd floor, Flat/Office 201, 3076, Limassol, Cyprus, by contacting us via https://account.luvly.care/contact-form in writing (e.g. by post or email). In order to comply with the withdrawal period, you must send your statement of withdrawal to us no less than 24 hours before the end of the withdrawal period. Unless you have lost your right of withdrawal, the withdrawal period will expire 14 days after the day on which you entered into this contract. You may use the below model cancellation form, but it is not mandatory.“I/we* hereby withdraw from the contract concluded by me/us* for the purchase of the following goods*/the provision of the following service*Ordered on*/received on*
Name of the consumer(s)
Address of the consumer(s)
Date
*Delete as applicable.If you exercise your right of withdrawal, we will deduct from the amount refunded to you an amount proportionates to the amount consumed by you in connection with the use of our Platforms provided before you notified us of your withdrawal. Unless otherwise agreed with you, reimbursements will be made using the same means of payment as used to process the initial transaction.

SURVIVAL

Upon termination of these Terms, all provisions of this Agreement that by their nature, should survive termination, shall survive termination, including, without limitation, the provisions on dispute resolution and arbitration, all ownership provisions, warranty disclaimers, limitations of liability and indemnity.

OTHER PROVISIONS

No one other than a party to these Terms (namely, you or us) has any right to enforce any provision thereof.We may transfer our rights and obligations under these Terms to another company. We will always tell you in writing if this happens, and we will ensure that the transfer will not affect your rights under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.These Terms ensure the benefit of the parties, including any of our successors in interest.If for any reason an arbitrator, an arbitral or other tribunal, or a court of competent jurisdiction finds any provision of these Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. A printed version of these Terms shall be admissible in arbitral, judicial or administrative proceedings.Company and you shall attempt to resolve any dispute arising out of or relating to these Terms through negotiations. If the matter is not resolved by negotiation within 30 (thirty) days of receipt of a written 'invitation to negotiate', the parties may attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure, or in default of agreement, through an ADR procedure. If the matter has not been resolved by an ADR procedure within 60 (sixty) days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. The European Commission has established an online platform for alternative dispute resolution (ODR) related to online sales and service contracts. Consequently, any European consumer or consumer based in Norway, Iceland, or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available at the following link.These Terms are governed by the laws of England and Wales, excluding its rules on conflicts of law.If you are a resident of any European country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws of your usual place of residence. Both parties irrevocably agree to the personal jurisdiction and venue of the courts of England and Wales, and waive any objections to the venue or the inconvenience of the forum. Nothing in these Terms affects the protection granted to you by the mandatory consumer protection laws of your country of residence. The Company will also bring any disputes to the competent court in your country of residence.NO CLASS OR REPRESENTATIVE ACTIONS OR PROCEEDINGS: TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.You recognize and agree that certain regions may periodically impose limitations on interactions with specific territories, governments, or individuals perceived to jeopardize global peace and stability or are subject to targeted measures. By using the Platforms, you affirm that you do not reside in, nor are situated within, any territory currently subjected to embargo by the United Nations, the European Union, the United Kingdom, or the United States, and that you are not otherwise prohibited from accessing the Platforms. You acknowledge and consent to our ability to adjust, restrict, or suspend your access to the Platforms at any time to ensure compliance with applicable regulations. This may involve limitations on Platforms availability in your country of residence. Furthermore, the Platform's availability in your home country may cease due to the aforementioned regulatory constraints.