TERMS OF SERVICE

Last Updated March 9th, 2023

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and The Love Apps, operated by The Love Apps (“Company,””we,””us,”or”our”), concerning your access to and use of the https://www.theloveapps.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Service(s)”, “Site”, or “App”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms if Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. ACCOUNT ELIGIBILITY

By creating an account and using this Service, you represent and warrant: (a) you are at least 18 years old; (b) You are legally qualified to enter a binding contract with us (c) f you previously had an account with us, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies; (d) You will make sure that all information you provided to us is truthful, accurate and complete; (e) You will update any information you submitted to us as and when it changes: (f) You will not disclose your account/login details and any other piece of information that forms part of our security procedures. If you believe that your account may have been accessed without your permission or if your account is under any other break of security you will contact g@theloveapps.com immediately; (g) You agree to logout of your account at the end of each session; (h) You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.

3. PROHIBITED ACTIVITIES

You agree to not to: (a) Misrepresent your identity, age, qualifications, or affiliation with a person or entity; (b) Use the Service in a way that damages the Service or prevents their use by other users; (c} Use our Service for any harmful, illegal, or nefarious purpose, including, but not limited to, using any Virtual Items for purposes of money laundering or other financial crimes; (d) stalk, bully, abuse, harass, threaten or intimidate anyone else; (e) Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission; (f) Disclose private or proprietary information that you do not have the right to disclose; (g) Copy, modify, transmit, distribute, or create any derivative works from, any Member, Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without our prior written consent; (h) Express or imply that any statements you make are endorsed by us; (i) Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to extract, scrape, collect, or gather content or information from us; (j) Knowingly introduce viruses or other malicious code or otherwise compromise the security of our Services; (k) Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services; (l) “Frame” or “mirror” any part of our Services without The Love App’s prior written authorization; (m) Use tags or code or other devices containing any reference to us or the platform (or any trademark, trade name, service mark, logo or slogan of ours) to direct any person to any other website for any purpose; (n) Decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive source code of the Site; (o) Use, access, or publish the Site or App programming interface without our written consent; (p) Probe, scan or test the vulnerability of our Services or any system or network.

4. CONTENT POSTED AT THE SITE

By agreeing to the Terms of Service you agree not to post content that: (a) Is likely to be deemed offensive or to harass, upset, embarrass, alarm or annoy any other person; (b) Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;

(c) Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry; (d) Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense; (e) Is defamatory, libelous, or untrue; (f) Involves the transmission of “junk” mail or “spam”; (f) Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from us or otherwise; (g) Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights); (e) Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness of a minor unaccompanied by the minor’s parent or guardian; (f) Is inconsistent with the intended use of the Services; or (g)May harm the reputation of the Site or its affiliates.

By uploading or sharing content that violates these terms you may be subject to the immediate suspension or termination of your account.

5. TERM & TERMINATION

This Agreement will become effective upon your acceptance of the Agreement by your use of the Services and will remain in effect in perpetuity unless terminated hereunder.

Either you or we may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. We reserve the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records if your account and/or access to the Services is terminated. In the event your access to any of the Services is suspended due to a material breach of this Agreement, you agree that all fees paid to us by you are nonrefundable.

All purchases are final and non-refundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.

For subscribers residing in the EU, EEA, UK, and Switzerland:

In accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:

You are entitled to a full refund, without any penalty or obligation at any time prior to midnight of the third business day following the date of this agreement, excluding Sundays and Holidays. To cancel this agreement, email g@theloveapps.com and include your email address associated with your account with us.

Cancellation as a result of death or disability

In the event that you die or disability before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. Disability means you are in a condition that precludes you from physically using the Service during the term of disability and the condition is verified in writing by a physician designated to you. Written verification must be provided to us.

6. SUBSCRIPTIONS & PURCHASES

We provide automatic renewal options when purchasing a premium membership. The monthly cost of premium membership is $29.99 USD, with variations depending on factors such as the user’s location, local currency, etc.. If a user chooses the automatic renewal option when purchasing, we will renew all paid subscriptions on the date when the initial membership is expiring. After the first subscription period, the membership will renew for another period as stated in the checkout process. Then the subscription is going to renew automatically for every ongoing subscription period. When purchasing an auto-renewal membership, the Site user confirms that the account will be subject to the renewal plan. If a member does not want the account to renew their paid membership anymore, or if the membership should be changed or terminated, the user should contact us at customer support via email at g@theloveapps.com and follow the instructions.

Users will also have the option to purchase coins for using additional services (e.g., sending digital gifts), these coins be purchased via the following packs:

100 coins for $39.99
500 coins for $149.99
2000 coins for $299.99

When you deactivate or delete your membership account, or if the account is suspended for violating our terms, rules or guidelines, you acknowledge that any remaining or unused membership or coins will expire and no refunds will be issued for any remaining subscriptions or coins. If you deactivate your account and will reactivate it later, you further agree that any remaining coins or subscriptions at the time of the account deactivation will not be reinstated and can be lost.

Purchases of virtual items are FINAL AND NON-REFUNDABLE.

7. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF ANY MEMBERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR WEBSITES OR IN CONNECTION WITH THE SERVICE; OR (III) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST US, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 7 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS,

8. DISPUTE RESOLUTION

Generally - In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, and except as described in Section 9.2, you and the Company agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions - Despite the provisions of Section 9.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator - Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice of Arbitration; Process - A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our address for Notice is: The Love Apps, Attn: Legal Department, 651 N Broad Street Ste 201, Middletown, DE 19709. The Notice of Arbitration must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
Fees - If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New Castle County, Deleware, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions - YOU AND WE AGREE THAT EACH MAY BRING CLAIMS 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. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision - If we make any future material change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with the Site will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
Enforceability - If Section 9.5 is found to be unenforceable or if the entirety of this Section 9 is found to be unenforceable, then the entirety of this Section 9 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 10 will govern any action arising out of or related to these Terms.

If you initiate a chargeback on any transaction billed to your account, we may suspend your account immediately in its sole discretion, on the basis that you have determined that you do not want our subscription offerings. We may also be required to disclose content sent/received by you on our Site to provide evidence of a charge that is being disputed.

9. GOVERNING LAW

These Terms shall be governed by the State of Deleware and defined following the laws of and yourself irrevocably consent that the courts shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

10. iNDEMNITY BY YOU

You agree, to the extent permitted under applicable law, to identify, defend and hold harmless us, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses. Including attorney fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your branch of this Agreement.

11. DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe any User Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) to our Copyright Agent as identified below, including the following:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit Heroku to contact you, such as your address, telephone number, and, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

The Love Apps

Attn: Legal Department (Copyright Notice)

Address: 651 N Broad Street Suite 201, Middletown, DE 19709

Email: g@theloveapps.com

12. TEXT MESSAGES

By creating an account on our Site you opt into our text program, you expressly consent to receive recurring marketing text messages that my be sent using an automatic technology, by or on behalf of us, at the cell phone number you provide us. You consent to receiveing both non-marketing and marketing text messages. Please note we may not be able to deliver messages to all mobile carriers. You understand and agree that all text messages may be sent using automated technology.

13. ACCEPTANCE OF TERMS

By using our Services, you accept the Terms of this Agreement.

By using our Services, whether through a mobile device or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy and Cookie Policy, and (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services.

All pronouns and any variations thereof shall be understood to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require. The capitalization of a word shall be deemed to have the same meaning as the uncapitalized version of that word.

14. ENTIRE AGREEMENT; OTHER.

This Agreement, which includes the Privacy Policy, Cookie Policy, and any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service, contains the entire agreement between you and us regarding your relationship with us and the use of the Service is still subject to and bound by any prior agreements to arbitrate with us as well as this agreement to arbitrate on a going forward basis. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Site account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind us in any manner.

15. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at g@theloveapps.com.