Terms of Use
Effective Date: 15 February 20261. INTRODUCTION
These Terms of Use (the “Terms“) apply to your access and use of our mobile application “Luvly – Face Yoga & Skincare” (the “App”), our websites (including but not limited to https://luvly.care), our blog, and all related services, features, materials, and content available for your use (collectively the “Service“) provided by Gismart Limited, a private limited company, incorporated and registered in England and Wales with company number 10152488 whose registered office is at 151 Wardour Street, London, England, W1F 8WE (“we”, “us”, “our” or the “Company”).If you have any questions about the Terms or our Service, please contact us at https://account.luvly.care/contact-form.Depending on your location, the platform through which you access the Service, or other relevant factors, your subscription or purchase may be processed by one of Gismart's authorised billing and payment partners. These partners are:- Scalence Limited, a company incorporated in Cyprus (company number HE 476595), with its registered office at Prodromou, 75, Oneworld Parkview House, Floor 4, 2063, Nicosia, Cyprus; and
- Fulfilling Inc., a company incorporated in Delaware, USA, with its registered address at 1007 N Orange St., 4th Floor, Suite 1382, Wilmington, New Castle, DE 19801.
2. BINDING ARBITRATION AND DISPUTE RESOLUTION NOTICE
These Terms include a Binding Arbitration Provision in Section 18 that significantly impacts your legal rights. The arbitration provision mandates that any disputes or claims arising from or related to these Terms or our Service will be resolved exclusively through arbitration on an individual basis.Additional Key Provisions:CLASS ACTION WAIVER: Section 18 includes a waiver of your right to participate in class actions or other collective proceedings.DISCLAIMERS OF WARRANTIES: Section 10 contains disclaimers regarding warranties related to our Service.LIMITATION OF LIABILITY: Section 11 outlines the limitations on our liability for damages or losses.It is essential that you carefully review all sections of these Terms to fully understand your rights and obligations. By accessing, downloading, installing, or using any part of our Service, you confirm that you have read, understood, and agreed to be bound by these Terms.IF YOU DO NOT AGREE TO THESE TERMS (INCLUDING BUT NOT LIMITED TO BINDING ARBITRATION PROVISION), YOU MUST NOT ACCESS OR USE OUR SERVICE. CONTINUED USE OF THE SERVICE CONSTITUTES YOUR ONGOING AGREEMENT TO THESE TERMS.3. CHANGES TO THESE TERMS
We may change, modify, or remove portions of these Terms at our sole discretion. If we make changes to these Terms, we may post the updated version within our Service and revise the "Effective Date" accordingly. At our discretion, we may also notify you of significant changes. If you do not agree with any updated Terms, you must stop using the Service, delete your account, or cancel your subscription before the Effective Date. Your continued use after changes are implemented constitutes your acceptance of the updated Terms. We encourage you to regularly review these Terms for updates.4. IMPORTANT DISCLAIMERS
Our App provides tools and resources to support your overall wellness, fitness, and health journey. By using our Service, you acknowledge and agree to the following disclaimers.For Informational Purposes Only. Our Service, including all content, recommendations, evaluations, and plans, are provided “as is” for educational and general information purposes only. We are not licensed cosmetologists, doctors, or healthcare providers, and we do not claim expertise in diagnosing, treating, or preventing any medical or cosmetic conditions. Any information provided, including product evaluations or health-related recommendations, should not be treated as professional advice.Personalized Recommendations and Results. While we strive to deliver personalized recommendations based on onboarding information, these suggestions are not exhaustive, and results may vary based on individual circumstances. Your success with any wellness, fitness, or health program depends on numerous factors, including your unique health profile, commitment, and lifestyle choices. We make no guarantees regarding your results or success. Any testimonials, case studies, or examples provided are illustrative only and should not be interpreted as a promise or guarantee of similar results. Past performance or results achieved by others do not constitute an assurance of future outcomes.Accuracy. We do not guarantee the accuracy, completeness, or reliability of any information or features accessed through our Service. You should always verify the accuracy of any information obtained through our Service and consult with a qualified professional before making wellness, fitness, health, or product-related decisions.No Professional Medical or Healthcare Advice. Our App is not a medical device and does not provide medical advice, diagnosis, or treatment. The Service is designed to assist you in achieving your wellness goals, but they are not a substitute for professional medical or healthcare advice. Always consult a licensed physician, healthcare provider, or qualified expert before starting any new fitness, wellness, or health program, especially if you have a medical condition, are pregnant, or have other specific concerns.Contact a Healthcare Professional. Never disregard professional medical advice or delay seeking it due to something you have read or accessed through our Service. Always consult a licensed medical professional for any health-related concerns, decisions, or conditions. If you believe you are experiencing a medical emergency, contact the emergency Service immediately.No Physician-Patient Relationship. You acknowledge that no physician-patient relationship is established through the use of our Service, and the Service may not be appropriate for everyone.Cosmetic Scanner. Our App provides insights based on product ingredients and does not evaluate or endorse specific brands or manufacturers. Our evaluations, including safety scores and ingredient analysis, are for informational purposes only and are not intended to criticize, promote, or praise any company or product. We are not responsible for the accuracy of product compositions, as this remains the sole responsibility of the product's manufacturer. While we strive to provide reliable information, you should always verify the ingredient list and other details directly on the product packaging before making any decisions.AI Skin Care and Face Scanner. Our App may include AI-powered facial scanning and analysis tools designed to assess general skin characteristics, such as tone, texture, and condition, and to provide non-medical skincare recommendations or help track cosmetic progress over time. These tools use artificial intelligence technology (including OpenAI API) and real-time camera feedback to generate insights. The AI Skin Care feature is for cosmetic and wellness purposes only. It is not a medical or diagnostic tool and should not be relied upon to detect, identify, or treat any medical or dermatological condition. The outputs and recommendations are automatically generated, may contain inaccuracies or subjective interpretations, and should not replace professional dermatological or healthcare advice.We do not use facial scans or images for biometric identification, and all photo data is processed only with your explicit consent in accordance with our Privacy Policy. Your photo remains stored locally on your device and is not uploaded to our servers.By using the AI Skin Care feature and Face Scanner, you acknowledge and agree that:- The results are for informational and cosmetic use only and are not guaranteed to be accurate or exhaustive.
- Any reliance on such results is at your sole discretion and risk.
- We are not responsible for any decisions, actions, or outcomes arising from the use of AI-generated insights or image-based recommendations.
5. REGISTRATION AND ELIGIBILITY
Age Restrictions. Our Service is intended for individuals aged 18 or older, or the minimum age required by applicable law. We do not knowingly allow children to register for or use our Service. If you become aware that a child is using our Service in violation of these Terms, please contact us at https://account.luvly.care/contact-form, and we will take necessary actions to address the issue.Access to the Service. To use and fully access our Service, you may be required to create an account (“Account”). By doing so, you agree to provide accurate, current, and complete information and to promptly update any changes to your information. You are responsible for ensuring that all activities performed through your Account represent your own authentic use of the Service.You accept full responsibility for any actions or activities conducted under your Account, whether through your computer, mobile device, or other means. Your login credentials, including your username and password, are strictly for personal use and must be kept secure and confidential. Sharing your login credentials with others is expressly prohibited, and any breach of this obligation may result in suspension or termination of your Account.If you suspect unauthorized access to your Account or any security breach, you must notify us immediately at https://account.luvly.care/contact-form.If you create an Account or use our Service on behalf of another person or entity, you confirm that you have the authority to accept these Terms on their behalf.6. SUBSCRIPTIONS
General Information
Certain features of the App are available exclusively through a paid subscription. We offer subscription plans on a weekly, monthly, and annual basis, as well as any other billing intervals we may introduce from time to time. Subscriptions may be purchased through the Apple App Store, Google Play, or directly through our website using the payment methods available at checkout, which may include credit and debit cards, PayPal, Apple Pay, and Google Pay.We may offer promotional or discounted pricing from time to time. Unless expressly stated otherwise, any promotional rate may apply to the current billing period, any future billing periods, and any renewal (rebilling) periods, and may be modified or withdrawn at our discretion. Your subscription does not entitle you to any features, functionality, or content not yet made available, and your purchase is not contingent on any future updates or releases.Trial Subscriptions
Where a trial period is offered, this will be clearly communicated to you before you complete your purchase. The trial notice will state: (i) whether the trial is free or paid; (ii) the duration of the trial; (iii) the full subscription fee that will apply upon conversion; (iv) the exact date on which your payment method will first be charged; and (v) how to cancel before the trial ends. If no trial is stated at the point of purchase, your subscription begins and is charged immediately. We reserve the right to limit your eligibility for trial offers. If we determine that a trial is being accessed in a manner inconsistent with these Terms, we may cancel the trial and charge the applicable subscription fee immediately.AUTOMATIC CONVERSION TO PAID SUBSCRIPTION:
UNLESS YOU CANCEL YOUR TRIAL AT LEAST TWENTY-FOUR (24) HOURS BEFORE THE END OF THE TRIAL PERIOD, YOUR SELECTED PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED THE APPLICABLE SUBSCRIPTION FEE DISPLAYED AT THE TIME OF PURCHASE. THE PAID SUBSCRIPTION WILL BEGIN IMMEDIATELY UPON THE TRIAL’S EXPIRATION AND WILL CONTINUE ON A RECURRING BASIS UNLESS CANCELLED IN ACCORDANCE WITH THESE TERMS.Subscription Terms and Renewals
How renewal works. Your subscription renews automatically at the end of each billing cycle (weekly, monthly, annually, or as selected at purchase) unless you cancel before the renewal date in accordance with Section 6. By subscribing, you authorise us, or our merchant of record partner, where applicable, to charge your payment method for each renewal period at the then-current subscription fee without further action from you.Renewal charge timing. The renewal charge will be processed within 24 hours before the end of the current billing period. A cancellation submitted less than 24 hours before a scheduled renewal may not take effect until after that renewal has been processed, in which case you will retain access through the end of the period for which you have been charged. This 24-hour limitation does not apply where you are exercising a statutory cancellation right that entitles you to cancel with immediate effect or to a refund.Renewal reminders. Where required by applicable law, we will send you a reminder before your subscription renews. If you do not receive the required notice, please contact us at https://account.luvly.care/contact-form before the renewal date.Pricing and Fee Changes. e may change our subscription fees at any time. We will use reasonable efforts to notify you of any fee change before it takes effect. The updated fee will apply from the start of the next billing period following the change. If you do not accept the new fee, you must cancel your subscription before the start of that billing period to avoid being charged at the new rate. Promotional discounts apply to the initial payment only and do not affect subsequent renewal fees unless expressly stated.Payment and Billing
Authorisation. By subscribing or completing a purchase, you authorise us, or our merchant of record partner, where applicable, to charge your selected payment method at checkout or, where a trial applies, at the end of the trial period, and to charge it again automatically at the start of each renewal period in accordance with Section 6. You represent and warrant that you are authorised to use the payment method you provide and agree to keep your billing information accurate and up to date.Platform billing. If you purchase or activate a subscription through the Apple App Store or Google Play, all billing is handled directly by Apple or Google respectively. Charges will appear on your App Store or Google Play account statement. We do not have access to your payment details in these cases, and all billing questions relating to platform purchases must be directed to Apple or Google.Website billing. If you purchase a subscription directly through our website, payment will be processed through our authorised payment processor or merchant of record partner using the method selected at checkout.Failed payments. If your payment method is declined, expires, or is otherwise unavailable, we may suspend or terminate your access to the subscription or purchased content until valid billing details are provided. We may make reasonable attempts to retry the charge before suspending access.Validation charge. A small temporary charge may be applied to verify the validity of your payment method at the time of first use. This amount will be refunded promptly and will not be retained.Payment Disputes. If you believe a billing charge is incorrect, you must notify us in writing at https://account.luvly.care/contact-form within fourteen (14) calendar days from the transaction date. Failure to do so may result in forfeiture of your right to dispute the charge. Submitting a chargeback or payment dispute without first contacting us to resolve the issue may result in suspension or termination of your Account.Refunds and Cancellation Policy
Depending on your country of residence, you may have a statutory right to cancel your subscription within a specified period and receive a full or partial refund. These rights exist independently of and in addition to any contractual terms we set out, and nothing in these Terms limits or excludes them.If you are resident in an EU member state or United Kingdom, you have a 14-day withdrawal right from the date your contract is concluded. This right is lost only if all three of the following conditions are met: performance of the service has begun during the withdrawal period; you gave your prior express consent to early performance; and you acknowledged at the time of purchase that you would lose your withdrawal right upon performance beginning. Where all three conditions are satisfied, we may apply a pro-rata deduction for the portion of the service already used before you exercised the right.If you are resident in Brazil or Quebec, Canada, you have a 7-day cancellation right from the date of contracting. You are entitled to a full refund.If you are resident in Argentina, you have a 10-day withdrawal right from the date of contracting. You are entitled to a full refund.If you are resident in Mexico, you may cancel your subscription at any time by using the immediate cancellation mechanism described in this Section. You are entitled to a full refund.If you are resident in California or Connecticut, you may cancel your subscription 3-day three business days of the date of purchase and receive a full refund, provided there has been no material breach of these Terms on your part.Argentina — ARREPENTIMIENTO right. If you are resident in Argentina, you may exercise your 10-day withdrawal right at any time within 10 days of contracting by using the clearly labelled withdrawal mechanism available on our homepage, by submitting a request via https://account.luvly.care/contact-form, or by accessing the Ventanilla Única Federal de Defensa del Consumidor at this link.To exercise any of the statutory rights described above, please contact us at https://account.luvly.care/contact-form or use the cancellation method applicable to your purchase as further described in this Section 6. We will process your request without undue delay and, where a refund is due, return the amount to your original payment method within the period required by the law of your jurisdiction.App Store or Google Play Purchases: If you purchased your subscription through the Apple App Store or Google Play, all refund requests must be directed to Apple or Google respectively. Each platform manages all billing and refund decisions for purchases made through it independently of us, and we are not in a position to process or influence refunds for platform purchases. Please refer to Apple's or Google's own refund and support pages for the applicable process.Website purchases. Outside of the statutory rights set out in Section 6, refunds for subscriptions purchased directly through our website are limited. A refund will be considered only where there is a confirmed technical fault: that is, where a verifiable fault on our part prevents the Service from functioning as described, and where that fault cannot be remedied within a reasonable period. To be assessed, you must provide us with sufficient technical detail to allow us to identify and reproduce the issue. We will only approve a refund once we have confirmed that the fault materially affects your ability to use the Service. Issues that are speculative, unverified, or that relate to features working as intended do not qualify.Your statutory rights are not affected by anything in this section. We do not offer refunds where you have changed your mind, where the subscription has not been used, or on the basis of dissatisfaction alone.Refund Processing. Where a refund is approved, it will be credited to the payment method you used for the original transaction. Please allow up to 14 calendar days for the credit to appear in your account, as processing times vary depending on your bank or payment provider. Only one refund will be issued per transaction. If you have already received a refund from us in respect of a charge, you must not simultaneously or subsequently seek a chargeback or payment reversal from your bank or payment provider for the same amount. If a duplicate recovery is obtained, we are entitled to recover the excess.IMPORTANT NOTE: UNINSTALLING THE APP OR DELETING YOUR ACCOUNT DOES NOT AUTOMATICALLY CANCEL YOUR SUBSCRIPTION. TO STOP RECURRING CHARGES, YOU MUST ACTIVELY CANCEL THE AUTO-RENEWAL THROUGH YOUR ACCOUNT SETTINGS.For Website Purchases:- cancel your subscription purchased on our website 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 website by sending a cancellation request via Contact form
- submitting your notice via our online contact form at https://account.luvly.care/contact-form;
Gismart Limited, 151 Wardour Street, London, England, W1F 8WEScalence Limited, Prodromou, 75, Oneworld Parkview House, Floor 4, 2063, Nicosia, CyprusFulfilling Inc., 1007 N Orange St., 4th Floor, Ste 1382, Wilmington, New Castle, DE 19801, USASubmitting your notice via our online contact form at https://account.luvly.care/contact-formYour withdrawal notice must be sent no later than 24 hours before the expiration of the withdrawal period. Unless otherwise waived, the withdrawal period expires 14 days from the day you entered into the contract. While not mandatory, you may use the following template to exercise your right of withdrawal: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.
Challenges
From time to time, we may offer various challenges. If you purchased a subscription through our websites (including but not limited to https://luvly.care), in conjunction with a promotional offer such as “Complete Your 4-Week Program and Get a Full Refund”) (hereinafter referred to as the “Promotional Offer”) you may be qualified for a refund by fulfilling all the conditions described below. For the purposes of these Terms, the term “Challenge” refers to the specific set of daily goals defined within the applicable Promotional Offer.Eligibility and Completion Requirements. You must complete your Challenge within sixty (60) calendar days from the date of subscription purchase. To successfully complete the Challenge, you are required to fulfill all daily goals for 28 consecutive days without interruption.Here are a few illustrative cases:- Eligible: Subscription purchased on December 15; Challenge started on December 26; completed for 28 consecutive days. Refund applicable.
- Ineligible: Subscription purchased on December 15; Challenge started on December 26; completed 15 days consecutively, missed one day, then completed 13 more days. Refund is not applicable due to non-continuous completion.
- Ineligible: Subscription purchased on December 15; Challenge started on February 20; completed for 28 consecutive days. Refund is not applicable due to exceeding the 60-day period from purchase of the subscription.
- Ineligible: Subscription purchased without a Promotional Offer. A refund is not applicable as no Promotional Offer was provided.
- Contact us within thirty (30) calendar days of Challenge completion through the designated form at https://account.luvly.care/contact-form.
- Provide the email used for subscription purchase.
- Describe briefly the reason for the refund request.
- Attach two screenshots from the App, showing daily goal progress using the following way:
Method 1:
Open the "Today" tab in the App.
Tap on the Week card.
Select "View All Program".
Scroll down to the section labeled "Your weekly results within the full program".
Take a screenshot showing 4 weeks, each marked with a green checkmark.
Method 2:
Open the "Today" tab in the App.
Tap on "View Program".
Scroll down to the section labeled "Your weekly results within the full program".
Take a screenshot showing 4 weeks, each marked with a green checkmark.
Ensure that the screenshot clearly displays the green checkmarks for all 4 weeks. If one method is not functional or unavailable, use the alternative method.
- Eligible: Subscription purchased on Dec 15; Challenge started on Dec 25; completed for 28 consecutive days. Contacted us via https://account.luvly.care/contact-form, provided the email used during the subscription purchase, described the refund reason, and attached screenshots showing daily progress on Day 1 and Day 28. Refund applicable.
- Ineligible: Subscription purchased on Dec 15; Challenge started on Dec 25; completed for 28 consecutive days. Contacted us via https://account.luvly.care/contact-form, but failed to attach required screenshots or submitted incorrect screenshots. Refund is not applicable as the required visual proof of Challenge completion was not submitted correctly.
- Ineligible: Subscription purchased on Dec 15; Challenge started on Dec 25; completed for 28 consecutive days. Used a method other than https://account.luvly.care/contact-form to contact us, though provided an email address, refund description, and screenshots. Refund is not applicable due to the use of an incorrect communication method.
- Ineligible: Subscription purchased on Dec 15; Challenge started on Dec 25; completed for 28 consecutive days. Contacted us via https://account.luvly.care/contact-form, but did not provide the email address used for subscription purchase and/or failed to describe the refund reason. Attached are screenshots correctly. Refund is not applicable due to incomplete refund request details.
7. YOUR USE OF THE SERVICE
Your Representations and Warranties. By accessing or using the Service, you represent, warrant and agree that:- You have the legal capacity to enter into these Terms and agree to comply with them fully.
- You are at least 18 years of age or the age of majority in your jurisdiction, if higher.
- All information you provide to us in connection with your use of the Service is true, accurate, and complete.
- You will not use the Service for any illegal or unauthorized purposes and will ensure your use complies with all applicable laws and regulations, including those of your jurisdiction.
- You will not misuse the Service or any Content published by us or third parties.
- You are not listed on any U.S. Government list of prohibited or restricted parties, including but not limited to the U.S. Department of the Treasury's Specially Designated Nationals and Blocked Persons List or the U.S. Department of Commerce Denied Persons List or Entity List.
- You are not an individual or associated with any entity designated under the UK's Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010) or any equivalent legislation.
- You agree to comply with all applicable export and re-export control laws and regulations, including those of the United States, the United Kingdom, and any other relevant jurisdictions. This includes restrictions on the transfer of goods, software (including the Service), technology, and services.
- The availability and functionality of the App depend on the third-party platform from which you downloaded it (e.g., the Apple App Store or Google Play Store, collectively, "App Stores"). You agree to pay any applicable fees required by the App Store and to comply with its terms, conditions, and policies. The App Stores and their subsidiaries are third-party beneficiaries of these Terms and may enforce them to the extent necessary to protect their rights.
- developing, operating, or assisting in the development or operation of a product, service, or software that competes with or serves as a substitute for the Service;
- engaging in activities that could damage, disable, overburden, or impair the functionality of the Service or its underlying systems, or interfere with another user’s access to or enjoyment of the Service;
- conducting any fraudulent, deceptive, or harmful activities, including uploading or distributing viruses, worms, trojan horses, or other malicious code designed to disrupt or harm the Service, users, or third parties;
- copying, adapting, altering, modifying, translating, or creating derivative works based on the Service or any part thereof, without prior written permission from us;
- engaging in unauthorized framing of or linking to the Service, or embedding it within another service without our permission;
- reverse engineering, decompiling, disassembling, or otherwise attempting to extract source code or underlying ideas from the Service, except as explicitly permitted by applicable law;
- attempting to bypass, disable, or interfere with security features or technological protections of the Service;
- removing, obscuring, or altering any copyright, trademark, or other proprietary notices contained within the Service;
- using the Service for any revenue-generating, commercial, or promotional purpose without our express written approval;
- using the Service or any data, Content, User Content, or features from the Service to diagnose, treat, cure, or mitigate any health conditions or medical issues without our express written approval;
- sharing, sublicensing, assigning, selling, renting, leasing, or otherwise transferring your access to the Service or its Content or User Content to others without authorization;
- publishing, uploading, or distributing User Content that is unlawful, harmful, defamatory, obscene, violent, hateful, harassing, or otherwise objectionable, as determined by us in our sole discretion;
- uploading or transmitting User Content that infringes upon the intellectual property rights, privacy, or other rights of third parties;
- uploading User Content containing malware, corrupted files, or other harmful elements that may damage or disrupt the Service or its users;
- conducting, facilitating, authorizing, or permitting any text or data mining or web scraping activities in connection with our Service. This prohibition includes, but is not limited to, the use of any automated tools, including “robots”, “bots”, “spiders”, “scrapers”, or similar programs, algorithms, or processes to: (i) access, obtain, copy, monitor, or republish any portion of the website, its content, data, or Service; or (ii) analyze text or data in digital form to derive patterns, trends, correlations, or other insights. This clause constitutes an express reservation of our rights concerning text and data mining or web scraping. Where applicable law prevents us from restricting or excluding such activities by contract, this clause shall only apply to the extent permitted by law.
8. LIMITED LICENSE TO THE SERVICE
Ownership of Service and Content. The Service together with all audiovisual works, text, images, graphics, video, music, data, logos, trademarks, trade names, service marks, layouts, designs, advertising materials, software, source and object code, databases, user interfaces, compilations, and the overall “look and feel” of the Service, whether produced by the us, licenced from third parties, or otherwise made available through the Service (collectively, the “Content”), are and shall remain the exclusive property of Company or its licensors. Except for the limited licence expressly granted under these Terms, no right, title, or interest in or to the Service or the Content is transferred or otherwise granted to you, whether by implication, estoppel, or otherwise. All rights not expressly granted herein are reserved by us and our licensors.Licence to Use the Service. Subject to your full compliance with these Terms and all applicable laws, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Service and its Content strictly for your personal, non-commercial entertainment purposes. This licence permits you to access, stream, or temporarily download Content made available through your Account in accordance with the access rules of the Service. The licence does not grant ownership of any Content does not permit resale, redistribution, public performance, or any commercial exploitation of the Service or Content.Trademarks and Brand Features. The name “Gismart Limited”, the Gismart Limited logo, and all related names, designs, slogans, and product or service identifiers are trademarks and service marks owned by us. You may not use any Gismart Limited mark in any manner that could cause confusion, dilute the brand, or suggest endorsement without our prior written consent. All third-party trademarks, logos, and brand names appearing on the Service are the property of their respective owners. No rights are granted to you in those marks.9. USER CONTENT
Ownership of User Content. You retain all rights, title, and interest in and to any content, materials, or communications you create, upload, post, transmit, or otherwise make available through the Service (“User Content”). User Content includes, without limitation, text, comments, messages, feedback, reviews, images, audio or video materials, and any other materials you contribute. By submitting User Content, you represent and warrant that you are the creator and sole owner of such content, or that you have obtained all necessary licences, rights, consents, and permissions to grant the rights described in these Terms without violating or infringing any third party’s intellectual property, privacy, or moral rights. We do not claim ownership of your User Content. However, by submitting or making User Content available through the Service, you acknowledge that other users may view, interact with, or share your User Content subject to the functionality of the Service and your privacy settings.Licence Grant. By submitting or making available any User Content, you grant us, its affiliates, sublicencees, successors, and assigns a non-exclusive, worldwide, royalty-free, sublicensable, transferable, perpetual, and irrevocable licence to use, reproduce, modify, adapt, translate, publish, distribute, publicly display, perform, and create derivative works from your User Content in any form, media, or technology, whether now known or hereafter developed. This licence includes the right to use your name, username, likeness, and any other identifying information associated with your User Content in connection with its lawful use and operation of the Service, including for promotional, marketing, and improvement purposes. Personal data, as defined under applicable privacy laws, is expressly excluded from the scope of this licence, if applicable, and will be handled in accordance with our Privacy Policy.Acknowledgement and Relationship. You acknowledge that submitting User Content does not create any confidential, fiduciary, employment, agency, or partnership relationship between you and us. We are under no obligation to treat any User Content as confidential or to compensate you for its use, unless expressly required by applicable law. By submitting User Content, you waive any claims of moral rights or rights of attribution, to the extent permissible by law, and consent to our lawful use of the content as described herein.Content Moderation and Removal. We do not actively monitor all User Content and assumes no responsibility for its accuracy, legality, quality, or integrity. You acknowledge that you may encounter User Content that is offensive, indecent, or otherwise objectionable. Your use of the Service is at your own risk, and you bear all responsibility for evaluating any User Content you access. We reserve the right, at its sole discretion and without notice, to review, remove, edit, restrict access to, or disable any User Content for any reason or no reason, including where it violates these Terms, infringes rights, or is otherwise deemed inappropriate, harmful, or unlawful. We are not obligated to restore or retain any removed User Content, and assumes no liability for any loss or damage resulting from its removal. If you believe that any User Content violates these Terms or applicable law, you may report it by contacting us at https://account.luvly.care/contact-form.Licence Revocation. If you wish to revoke the licence for specific User Content, you may contact at https://account.luvly.care/contact-form and identify the material in question. Upon verification, we will take reasonable steps to remove and cease use of the specified content, subject to technical feasibility, legal requirements, and the continued operation of the Service. However, any prior uses, sublicences, or distributions of your User Content made before revocation will not be affected, and we may retain copies as reasonably necessary for operational, legal, or archival purposes as permitted under these Terms and applicable law.Feedback. If you post or submit any review, comment, testimonial, or rating (“Review”) about the Service on any platform, including app stores, social media, or directly to us, you grant us a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from such Reviews for any lawful purpose, including marketing, advertising, product improvement, or public relations, without notice or compensation. We are not obligated to use, maintain, or display any Review and may edit or remove Reviews at its discretion.10. WARRANTY DISCLAIMER
General Disclaimer. The Service, including the App and all related Content, features, and functionality, is provided on an "as is" and "as available" basis, without any representations, warranties, or guarantees of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
- Warranties arising from course of performance, trade, or usage; and
- Warranties regarding the accuracy, reliability, or availability of the Service.
- The Service will be secure, uninterrupted, error-free, or available at any specific time or location;
- Any defects or errors will be corrected;
- The Service or its content will be free of viruses, malware, or other harmful components;
- The results obtained from using the Service will meet your expectations; or
- Content or communications provided by third parties or users through the Service will be accurate, reliable, or complete.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, WE, INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, AND DATA PROVIDERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, USE, DATA, OR GOODWILL. SUCH EXCLUSIONS APPLY REGARDLESS OF WHETHER THE LIABILITY ARISES FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF US TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES YOU HAVE ACTUALLY PAID TO US FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THESE LIMITATIONS ARE SUBJECT TO JURISDICTIONAL VARIATIONS, AND SOME JURISDICTIONS MAY NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY. IN SUCH CASES, THE EXCLUSIONS AND LIMITATIONS SET OUT IN THESE TERMS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.CALIFORNIA RELEASE AND WAIVER
IF YOU ARE A RESIDENT OF CALIFORNIA, YOU EXPRESSLY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT:“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS A MATERIAL PART OF THE CONSIDERATION FOR YOUR USE OF THE SERVICE. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE CURRENTLY UNKNOWN, UNANTICIPATED, OR UNSUSPECTED, AND YOU VOLUNTARILY ASSUME THE RISK THAT SUCH CLAIMS MAY EXIST OR MAY ARISE IN THE FUTURE.12. INDEMNITY
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless us, including our subsidiaries, affiliates, successors, officers, directors, employees, agents, contractors, partners, licensors, and representatives (collectively, the “Indemnified Parties”), from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:- Your use or misuse of the Service or User Content;
- Your violation of these Terms or any applicable policies;
- Your violation of the rights of any third party, including intellectual property rights, privacy rights, or other proprietary rights;
13. THIRD-PARTY SERVICES
The Service may display, integrate, or provide access to third-party websites, applications, advertisements, content, software, or other materials (“Third-Party Services”). This includes external links, embedded video or promotional content, sponsored materials, social-media integrations, and user-generated materials supplied by third parties. While such features may appear within or in connection with the Service, we do not own, control, endorse, or assume responsibility for any Third-Party Services, their content, policies, or practices.Your access to or use of any Third-Party Services is entirely voluntary and undertaken at your own risk. You acknowledge that we do not guarantee, verify, or represent the accuracy, reliability, legality, or quality of any third-party content or materials, which may at times be outdated, offensive, misleading, or otherwise objectionable. Any interactions, transactions, or agreements you enter into with third parties, including purchases, payments, subscriptions, or exchanges of information, are solely between you and the applicable third party. We have no control over and assumes no liability for any goods, services, data-processing practices, or representations made by third parties.The Service may also include links, banners, or frames leading to external sites, as well as advertisements or sponsored content presented in various formats. Clicking on third-party links or engaging with promotional materials does not constitute or imply any endorsement, partnership, or affiliation between us and the third party. The scope, placement, and appearance of advertisements or sponsored content may change without prior notice. It is your responsibility to review and comply with the terms of service, privacy policies, and data-collection practices of any Third-Party Service before using or relying on it.TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY LOSS, DAMAGE, DATA COMPROMISE, OR HARM ARISING FROM OR RELATED TO YOUR ACCESS TO OR RELIANCE ON THIRD-PARTY SERVICES, INCLUDING ANY MALFUNCTION, MALWARE, OR DECEPTIVE CONDUCT ASSOCIATED WITH EXTERNAL CONTENT. WE DO NOT MONITOR OR VET THIRD-PARTY MATERIALS AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THEIR SUITABILITY OR SECURITY.If you encounter third-party content that is harmful, unlawful, or offensive, you may report it to us at https://account.luvly.care/contact-form. We may, at our sole discretion and where legally required, review or remove access to reported third-party materials but is under no obligation to do so.14. YOUR PRIVACY
Your personal data is processed by us in connection with your use of the Service in compliance with our Privacy Policy. This policy provides detailed information on how we collect, handle, store, and disclose your data and your rights under data protection laws.Information collected through cookies and similar technologies is addressed in our Cookie Policy, which explains their purpose, how third parties may use them, and how you can manage your cookie preferences.The Privacy and Cookie Policies are incorporated by reference into these Terms. Should any inconsistencies arise between these Terms and the Privacy or Cookie Policy, the provisions of these Terms shall govern.15. COMMUNICATION AND CUSTOMER SUPPORT
Support. If you have any questions, or concerns, or require assistance regarding our Service, you may reach out to us using the contact information provided in the “INTRODUCTION” section of these Terms. While we are not legally obligated to provide customer support, we may, at our sole discretion, choose to offer support services to users when necessary. Such support, if provided, is offered as a courtesy and does not create any ongoing obligation or entitlement to future support. We will make reasonable efforts to respond promptly to your inquiries; however, we do not guarantee a specific response time.Feedback. We welcome your feedback. You will be prompted to submit comments, suggestions, ideas, feedback, ratings, materials, or other information ("Feedback") to us through the App. You hereby agree that all Feedback that you disclose or submit to us through the App is voluntary, non-confidential, and becomes and remains our property. Your disclosure or submission of Feedback to us constitutes an assignment to us of all rights, title, and interest in and to the Feedback. We may disclose or use any Feedback as we see fit without any compensation to you.16. REPORTING COPYRIGHT INFRINGEMENT
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.
17. TERMINATION
Term. These Terms take effect from the date you first access or use our Service and will remain in force until terminated in accordance with this Section.Termination by Us. We may terminate these Terms, suspend or restrict your access to the Service, or delete your Account immediately upon providing notice if:- You have used the Service in violation of these Terms;
- Unauthorized access or activity is detected on your Account or related to your use of the Service;
- We decide, at our sole discretion, to withdraw the Service (in whole or in part);
- We are required to do so due to a legal or regulatory obligation;
- You request the deletion of your Account or personal data; or
- For any other lawful reason, provided we have given you reasonable advance notice via email, or any electronic communication within the Service.
- all licences and rights granted to you under these Terms will immediately cease;
- access to all Content will terminate, and such items will be forfeited without refund or compensation, except as required by applicable law;
- any User Content you have submitted may be removed or become inaccessible, and we have no obligation to retain or restore it; and
- all accrued rights and obligations of the parties up to the termination date will remain enforceable.
18. DISPUTE RESOLUTION BY BINDING ARBITRATION
THIS SECTION OUTLINES YOUR RIGHTS AND OBLIGATIONS REGARDING DISPUTE RESOLUTION. PLEASE READ IT CAREFULLY, AS IT INCLUDES MANDATORY BINDING ARBITRATION. THIS SECTION SHALL BE REFERRED TO AS THE "ARBITRATION AGREEMENT"For Users in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland. If you reside in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland, any Disputes arising out of or relating to these Terms, including their interpretation, enforcement, or validity, shall be governed by and construed in accordance with the laws of your country of residence. The courts of your usual place of residence shall have exclusive jurisdiction over any Disputes (as defined herein) that are not resolved through the arbitration agreement outlined in these Terms.For Users in the United States or Other Jurisdictions. If you reside in the United States or any other jurisdiction not listed above, any Disputes arising out of or relating to these Terms shall be resolved exclusively through the arbitration agreement provided herein, and the governing law shall be determined as specified in the arbitration clause.By accessing or using our Service, you agree that any disputes, claims, or controversies arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Service (collectively, "Disputes"), will be resolved solely by binding, individual arbitration (i.e. not in a class, representative or consolidated action or proceeding), unless expressly provided otherwise in this Section or to the extent that the applicable law prohibits the exclusive use of arbitration for dispute resolution. This includes any claims against our affiliates, subsidiaries, employees, officers, agents, or licensors.Notwithstanding the above, the following exceptions apply:- Small Claims Court: Either party retains the right to bring an individual claim in small claims court for disputes or claims within the jurisdictional limits of such a court.
- Injunctive or Equitable Relief: Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect or enforce intellectual property rights, including copyrights, trademarks, trade secrets, patents, or similar proprietary rights.