Terms of Use V1.0.0

Last Updated: November 25, 2024

Binding Agreement
By accessing and using the LoviaAI Service, which includes content from our Website, the LoviaAI app available through the Apple App Store or Google Play, and other related services like email feeds or in-app notifications (referred to collectively as the “Service”), you confirm that:

1. You have read and understood these Terms of Use (“TOC”), including the Privacy Policy.
2. You acknowledge that these TOC are legally binding, just as if you had signed an agreement.

Service Functionality

The Service provides users with the ability to create virtual characters and interact with both their own creations and those of others through generative AI chat technology. The basic functionality is free to use, but to unlock full access, users can purchase message credits via our website or mobile apps. LoviaAI also offers in-app purchases designed to enhance the user experience.

By using the Service, you confirm that you are over 18 years of age and fully capable of entering into and agreeing to the terms, obligations, warranties, and representations outlined in these TOC. You agree to comply with all of these terms and confirm that you have never been suspended or removed from the Service for any reason.

please note: prior to using this service, carefully review the terms of use (TOC), our privacy policy, and platform rules. by downloading or accessing any portion of the service, you acknowledge your agreement to be bound by the TOC and your consent to the privacy policy in their entirety. if you do not agree to these terms and the privacy policy, please refrain from using the website and promptly delete any applications or materials you have downloaded.

We maintain the authority to alter or terminate the Service (or any part of it), whether on a temporary or permanent basis, with or without prior notification to you, and we have no obligation to provide ongoing support or updates for the Service. You acknowledge and agree that LOVIAAI shall bear no responsibility to you or any third party should we choose to modify or cease offering the Service (or any portion thereof). Unless otherwise explicitly specified, any additional features that improve or expand the current Service will also fall under these TOC.

The terms of use (TOC) may be updated at any time. We encourage you to check the TOC whenever you access the Service. BY ACCESSING OR USING THE SERVICE, YOU ACCEPT AND AGREE TO COMPLY WITH THE LATEST VERSION OF THE TOC. If significant revisions are made to these terms, we will notify you by displaying the updated version when you use the Service again and by sending an email to the address we have registered for you. If your email address is not on file, changes will be reflected on this page.

These TOC include important sections such as warranty disclaimers, limitations of liability, your release and indemnity obligations, and a waiver of class action rights.
 

Privacy Policy

This Privacy Policy explains the types of information LoviaAI gathers when you and others interact with the Service. It also outlines how LoviaAI handles, uses, and discloses any personal data you provide. The Privacy Policy is incorporated into these Terms of Use (TOC). By accepting these TOC, you are also giving your consent for us to collect, utilize, and share your personal data in line with the provisions of our Privacy Policy. Click here to review our Privacy Policy.

Links to External Websites and Services

The Service may include links to websites or online services that are not operated or controlled by LoviaAI, such as apps or social media platforms. LoviaAI does not oversee these external resources and cannot be held responsible for their content, privacy practices, or policies. By choosing to visit and use these linked sites, you do so at your own discretion and risk. These links are merely provided as a convenience and reference; they should not be seen as an endorsement, recommendation, or sponsorship of the content available on those sites, nor do they imply any relationship with the operators of those external platforms. Additionally, LoviaAI cannot influence, modify, or review the information shared on third-party sites. WHEN YOU USE THIS SERVICE, YOU AGREE TO HOLD LOVIAAI, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY THE "LOVIAAI PARTIES"), AS WELL AS APPLE AND GOOGLE, FREE FROM ANY LIABILITY ARISING FROM YOUR ENGAGEMENT WITH THIRD-PARTY WEBSITES OR ONLINE SERVICES AND ANY LOSSES OR DAMAGES YOU MAY INCUR AS A RESULT. As a precaution, we suggest you review the terms and conditions of any third-party website or service you access outside of this platform.

Linking to the Website

Unless you have obtained explicit written consent from LoviaAI, you are permitted to link to the Website from your own site, but only under the following conditions: (1) You may not display the Website or any of its sections within a frame; (2) You are prohibited from interfering with the functionality of the "back" button in users' web browsers; (3) The link must be shown using plain text, displaying only the name "LoviaAI" and not any associated logos; (4) You are not allowed to use any LoviaAI logos in any form or manner; (5) The link must not be used in a way that implies that LoviaAI is affiliated with or endorses your site or its content; (6) The link cannot appear on websites that could be considered offensive, defamatory, or malicious, and must not be presented in a way that harms the reputation, rights, or goodwill of LoviaAI; and (7) LoviaAI reserves the right to revoke your permission to link to the Website at any time, with or without cause.

User Contributions

You and other users have the ability to submit various forms of content to the Service, such as feedback, notes, text, images, graphics, photos, videos, materials, ideas, concepts, know-how, techniques, or any other communications that you upload, transmit, or share (“User Contributions”). These contributions may be hosted, shared, or made publicly available on the Service. For example, users can post text, images, and photographs. LoviaAI encourages your feedback and ideas. However, with the exception of any personal data we may collect from you in accordance with our Privacy Policy, all User Contributions will be regarded as non-confidential and non-proprietary. You acknowledge that regardless of whether your User Contributions are published or displayed, LoviaAI (1) makes no guarantees regarding the confidentiality of any User Contributions, (2) does not offer any payment or compensation for User Contributions, and (3) has no obligation to acknowledge, respond to, or display any User Contributions.

You are entirely responsible for the content you contribute and the outcomes that result from its sharing or publication. LoviaAI does not assert ownership of your submitted content. However, by submitting your content to LoviaAI, you grant us and our affiliates, successors, and assignees a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable (through multiple tiers), and transferable license. This license allows LoviaAI to utilize, reproduce, distribute, create derivative works from, display, publish, broadcast, perform, manufacture, use, import, offer for sale, sell, and otherwise exploit all intellectual property rights—including copyrights, patents, and other rights—related to your submissions. This applies to any part of the Service or LoviaAI’s business, including without limitation for the promotion, redistribution, or modification of the Service (and derivative works) in any format or media, and through any platform. In addition, you grant all users of the Service a global, non-exclusive, royalty-free license to access and use your submissions as permitted by the features of the Service. Users may reproduce, distribute, create derivative works, display, and perform your submissions as allowed by these terms. You also agree that any modifications or derivative works created by LoviaAI or its affiliates, successors, or assignees based on your submissions (referred to as “Modified Content”) will be solely owned by LoviaAI. We will hold full rights, ownership, and interest in the Modified Content, including the right to register copyrights and to use it for any purpose we see fit. By submitting your content, you assign any rights or interests you have in the Modified Content to LoviaAI.

When it comes to User Submissions, you guarantee that you will not:

1.Post, submit, or upload content that is copyrighted, protected as trade secrets, or otherwise under the control of third-party proprietary rights, including privacy and publicity rights, unless you hold ownership of those rights or have explicit permission from the rightful owner to share the content with LoviaAI and grant it the license rights detailed herein.

2.Spread misinformation or misrepresent facts that could harm LoviaAI or any third party.

3.Upload, submit, or share content related to gambling, betting, sweepstakes, or any activities that involve an entry fee and a prize.

4.Post, submit, or share NSFW, sexually explicit, or pornographic material.

Furthermore, you agree to bear all costs related to royalties, payments, and other financial obligations due to any third party arising from your submissions, posts, or uploads.
 

LoviaAI does not approve or endorse any User Submissions, nor any opinions, suggestions, or advice provided therein. LoviaAI, along with Apple and Google, disclaims any responsibility for any consequences arising from User Submissions.
 

LoviaAI strictly prohibits any form of copyright infringement, violation of publicity rights, or other intellectual property violations within the Service. If notified of content that infringes on another party’s rights, LoviaAI will remove it accordingly (see Section 9 below).
 

While LoviaAI does not actively monitor User Submissions, it reserves the right to monitor, alter, edit, or remove any Content (including User Submissions) at its discretion, without prior notice. Additionally, LoviaAI reserves the exclusive right to determine whether any Content (including a User Submission) complies with these TOC and whether it is appropriate for posting.

While using the Service, you acknowledge that you may come across User Submissions originating from different sources. LoviaAI does not assume responsibility for the content’s accuracy, usefulness, safety, or intellectual property rights associated with those submissions. You also understand that some of the User Submissions you might encounter could be misleading, offensive, or inappropriate. By agreeing to use the Service, you explicitly waive any legal or equitable claims or remedies you might have against LoviaAI Parties, Apple, and Google regarding these submissions. Furthermore, you agree to protect, defend, and hold harmless LoviaAI Parties, Apple, and Google, to the fullest extent allowed by law, in relation to any issues that arise from your use of the Service.

Account Termination for Violating Terms of Use or platform rules

LoviaAI reserves the right, at its sole discretion, to suspend, restrict, or permanently close the accounts of any users who violate these Terms of Use (TOC) or theplatform rules. This includes, but is not limited to, users who:

Submit User Submissions that infringe on copyrights, trademarks, publicity rights, or other intellectual property rights, particularly in cases of repeated violations.

Fail to pay required fees for accessing or using the Service.

Provide false or misleading information.

Breach the TOC, including any warranties provided.

Violate policies concerning adult content, nudity, sexual activity, or platform rules.
Misuse or dispute LoviaAI’s rights regarding the Content.

Restrictions on Service Usage

You are prohibited from using the Service for any purpose other than accessing the features that we have specifically made available to you. Furthermore, you are not allowed to:

Copy, download, or distribute any part of the Service (except for text from your own interactions with characters you’ve created) in any form or through any medium, unless you have prior written permission from LoviaAI.

Modify, alter, or create derivative works from any part of the Service without obtaining prior written consent from LoviaAI.

You are expressly forbidden from the following actions:

You may not resell, attempt to license, sublicense, sell, transfer, assign, distribute, or commercially exploit, in whole or in part, any rights granted to you under these Terms of Use, the Service, or any related Content to any third party in any manner.

You are also prohibited from modifying, copying, distributing, downloading, scraping, or using any Content from the Service to train any software or artificial intelligence systems, or transmitting it by any means, except for content that you have lawfully posted on or through the Service, including the text from your personal conversations with characters you've created.

You are prohibited from:

Providing inaccurate or misleading personal details or creating an account on behalf of someone else without their explicit consent.

Sharing an image of another individual without obtaining their consent.

Attempting to create a new account if we have previously disabled your existing account, without our prior approval.

Sharing your account credentials with others, granting access to your account to anyone, or engaging in any action that could compromise the security of your account.

Transferring or assigning your account or login credentials to any other individual.

You are not permitted to use automated tools such as web crawlers, bots, spiders, ants, automatic indexers, worms, or similar technologies in connection with the Service. However, general-purpose search engines and non-commercial public archives, which gather information solely to display hyperlinks to the Service, may be exempt from this restriction, provided they operate from a stable IP address or range of IP addresses and use a clearly identifiable agent.

You must not post, transmit, or submit any material that is confidential (such as social security numbers, national identity numbers, non-public phone numbers, or non-public email addresses), false, deceptive, illegal, infringing, threatening, abusive, harassing, defamatory, discriminatory, obscene, inflammatory, or scandalous, or anything that might promote or incite actions that could lead to criminal charges, civil liability, or any violation of the law.

You are prohibited from uploading, downloading, posting, emailing, or transmitting any content that may violate the intellectual property rights of others, including but not limited to copyrights, patents, trademarks, trade secrets, or any other proprietary rights. Additionally, you must not use the Service in any way that could harm, disable, overload, or disrupt its functionality, or interfere with the ability of others to use the Service.

You must not try to access or acquire any content that has not been deliberately made available through the Service. You are also prohibited from promoting or supporting activities like gambling, gaming, raffles, lotteries, sweepstakes, or any other similar ventures that involve awarding prizes. Impersonating or falsely claiming to be another person, entity, or misrepresenting your relationship with someone else is strictly forbidden. You may not collect personal information from other users or gather data for the purpose of sending unsolicited bulk messages or other forms of unwanted communication.

You are prohibited from removing, altering, disabling, blocking, hiding, or otherwise affecting any advertisements related to the Service. Additionally, you may not encourage or invite other users to join, subscribe to, or donate to any online platform or organization that is not affiliated with loviaAI.

You must not upload, share, or send any harmful files, such as worms, viruses, Trojans, or any other disruptive or damaging code to the Service. Additionally, you are prohibited from posting or transmitting unsolicited advertising, promotional materials, spam, chain letters, pyramid schemes, or any other form of unauthorized solicitation. Engaging in stalking, bullying, or harassment of any person or entity is strictly forbidden, as is causing harm to minors in any manner.

loviaAI will fully comply with any legal requests from law enforcement or court orders that mandate the disclosure of the identity of individuals who violate these Terms of Use. We prioritize the safety of children online and do not wish to receive any information related to individuals under 18 years of age. Consequently, you are prohibited from posting or submitting any personal details of a child under 18, or any information that could be used to locate such a child, via the Service. If you are under 18, please refrain from submitting any information or using the Service.

INTELLECTUAL PROPERTY

Everything you encounter on the Service—whether it's visuals, sounds, or other experiences—includes but is not limited to graphics, videos, audio recordings, text, software, photographs, scripts, screen displays, design elements, artwork, templates, layout designs, interactive features, and similar content, as well as the underlying concepts and ideas, and all statistical, analytical, and other data collected through the Service (collectively referred to as "Content") and the trademarks, service marks, and logos featured within ("Marks"). All of these are either owned by or licensed to loviaAI, and are protected by copyright and other intellectual property laws both in the United States and internationally. loviaAI holds the copyright for the selection, arrangement, coordination, and enhancement of the Content. Any unauthorized use of these materials or Marks could infringe on copyrights, trademarks, and other legal protections. The loviaAI name and logo are registered trademarks of loviaAI.

You are permitted to view, copy, and print pages from the Service strictly for personal use. Any other actions, such as copying, downloading, modifying, reproducing, distributing, publishing, performing, streaming, transmitting, broadcasting, displaying, selling, licensing, or otherwise exploiting the Service or its materials for purposes beyond personal use, require prior written permission from the respective rights holders. All rights to the Service, its Content, and Marks not explicitly granted here are reserved by loviaAI. You agree not to engage in unauthorized use, duplication, downloading, or distribution of any Content, including third-party User Submissions accessed through the Service, for commercial purposes or in any manner not expressly allowed by these terms.

Except for the text from chats you have with characters you created on loviaAI, you may not integrate, stream, or transmit Content via any hardware or software application, nor make it accessible through framing or in-line linking unless explicitly authorized in writing by loviaAI. Additionally, you are prohibited from creating, reproducing, promoting, or distributing a database or index that includes a significant portion of the Content without written consent from loviaAI. Building a business or any profit or non-profit venture utilizing the Content is strictly forbidden. If you copy, screenshot, download, or print any Content for personal use, you must retain all accompanying copyright and proprietary notices. Furthermore, you agree not to bypass, deactivate, or interfere with any security measures or features that restrict or limit the use, copying, or extraction of Content from the Service. Scraping or using other data extraction methods to retrieve Content or information from the Service is also prohibited.

advertisement/SPONSOR release

loviaAI is not responsible for any advertisements or third-party content displayed or transmitted through the Service, nor does it assume liability for the goods or services offered by advertisers or other third-party contributors ("Advertisers"). Any interaction, transaction, or agreement You engage in with Advertisers while using the Service is solely between You and the Advertiser. By using the Service, You acknowledge and agree that loviaAI holds no accountability for any loss, damage, or claims arising from Your dealings with Advertisers.

By using the Service, You acknowledge and accept full responsibility for any risks involved. You agree to release the loviaAI parties, as well as Apple and Google, from any claims, demands, or damages of any kind—whether known or unknown, anticipated or unanticipated, disclosed or undisclosed—that arise now or in the future from Your use of the Service or Your interactions with professionals, advertisers, or other third parties. Furthermore, You waive any rights or legal protections provided by statutory or non-statutory laws in any jurisdiction that would otherwise restrict the scope of this release. This includes, but is not limited to, Your rights under Section 1542 of the California Civil Code or equivalent laws in other jurisdictions (such as Missouri, Delaware, and Pennsylvania), to the maximum extent permitted by law.

Notice and Procedure for Making Claims of Intellectual Property Infringement

If you hold intellectual property rights or are authorized to act on behalf of the owner and believe that (1) specific Content or User Submissions within the Service, or (2) material or activities referenced or linked by loviaAI, infringe upon those rights, you are entitled to file a claim under the Digital Millennium Copyright Act (“DMCA”). To proceed, you must submit a detailed written notification to our Copyright Agent, containing the required information as specified in 17 U.S.C. 512(c)(3) and 512(d).

1，Provide a physical or electronic signature of the individual authorized to act on behalf of the copyright owner whose exclusive rights are allegedly being violated.

2.Clearly specify the copyrighted work that is alleged to have been infringed. If a single notification applies to multiple copyrighted works on the Service, include a representative list of those works.

3. Identify the specific material or activity claimed to be infringing and that should be removed or disabled. Include information sufficient to locate the material. For links or references that lead to infringing content, provide detailed identification of those links or references and sufficient details to help us locate them.

4.Share contact details that are reasonably sufficient to reach You, such as a physical address, phone number, and, if available, an email address.

5. Include a statement confirming that You have a good faith belief that the material’s usage in the manner described is not authorized by the copyright owner, its representative, or applicable law.

6.Add a declaration that the information in the notification is accurate, and under penalty of perjury, affirm that You are authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

DMCA notices should be directed to:

Copyright Compliance Department

loviaAI AI CORP.

2005 156th Avenue NE, Suite 312 Bellevue, WA 98019 United States

Email: feedback@loviaai.com

Please be aware that failure to meet all the criteria outlined in this section may result in the invalidation of Your DMCA notification. Additionally, emails or communications sent to loviaAI without an appropriate subject line or for purposes unrelated to intellectual property claims might not be reviewed or responded to.

Trademarks and Public Figure Rights

loviaAI takes claims of trademark or celebrity rights infringement seriously. Trademarks include elements such as logos, brand names, and trade dress—the distinctive visual design or packaging of a product.

Celebrities and certain other individuals may have “publicity rights,” allowing them to regulate the commercial use of their name, likeness, image, and other personal attributes. Using a celebrity’s name or likeness without explicit permission, even as a fan, may violate these rights.

If You believe Your trademark, trade dress, or publicity rights have been violated on the Service, You or an authorized representative should notify the agent listed in Section 9.

For trademark or trade dress infringement claims, include a copy of the relevant registration issued by the U.S. Patent and Trademark Office, along with details of where the alleged infringement occurs on the Service.

Errors, Inaccuracies, and Omissions

From time to time, the content on the Service may contain errors, inaccuracies, or missing information. We reserve the right to make corrections, updates, or revisions to any such content at any time, even after you have provided your registration or other details.

We are not obligated to update, correct, or clarify any information on the Service or related websites, including but not limited to pricing, unless required by law. A date indicating when the Service or a related site was last updated should not be taken as an indication that all information has been revised or checked.

Refund Policy

Prior to joining the Service, it is important that you review all financial terms and related policies. Please be aware that we do not offer refunds for any usage fees. By using the Service, you agree not to dispute or initiate a "chargeback" through the credit card company used to pay for your membership, except in cases of fraudulent activity. If you proceed with a chargeback, loviaAI reserves the right to block any pending or future transactions associated with the credit card or online account involved. Additionally, we may deny access to the Service for any individual or entity linked to the disputed account, including those whose names are associated with the credit card or account in question.

Warranties

By using the Service, you confirm and assure loviaAI of the following:

All information you provide to loviaAI, whether through registration, profile creation, emails, posts, phone calls, or any other communication method, is accurate, current, and not misleading in any way. This includes personal details, contact information, and any other data shared.

You agree to keep all the information mentioned above updated.

You will not use the Service under a false identity or pretense, nor will you misuse the platform to create or alter identities, either for yourself or others. However, you may use a nickname, as long as it is used legally and in good faith.

You affirm that you have obtained permission from all individuals shown in any photos, videos, or recordings you submit to the Service, allowing you to use their image and/or voice, along with any other legal rights required to grant the above-mentioned license to loviaAI.

You agree to use the Service in a legal and responsible manner, acting in good faith.

You will ensure that your login credentials and password are kept secure and will not share them with anyone else.

Disclaimers

By using the Service, you acknowledge that you do so at your own risk. The Service is offered to you on an "as is" and "as available" basis. Neither loviaAI, nor Apple, nor Google provide any guarantees or make any representations regarding the Service, its Content, or any third-party services, events, or agreements, including those from advertisers. To the fullest extent permitted by law, loviaAI, Apple, and Google disclaim any and all representations or warranties, whether express, implied, or statutory, in connection with the Service or its Content. This includes, but is not limited to, warranties about the availability, functionality, accuracy, security, merchantability, or fitness for a particular purpose of the Service.

Additionally, we do not guarantee that the Service will always be free of errors or interruptions. We do not make any promises about the accuracy, completeness, or timeliness of the information available on the Service or any third-party sites linked from it. We also cannot guarantee that the Service will work with all hardware or software you may use or that any technical issues will be fixed in a timely manner.

loviaAI, Apple, and Google are not responsible for any of the following:

Errors, inaccuracies, or omissions in the content provided.

Any injuries or damages, including data loss or system corruption, arising from your use of the Service.

Unauthorized access to your data or account information.

Interruptions in your use of the Service.

Viruses, malware, or other harmful software that may be transmitted through the Service.

Any loss or damage resulting from using content obtained through the Service.

Indemnity

By using the Service, you acknowledge that loviaAI, Apple, and Google have no control over, and cannot guarantee the quality, legality, or safety of products or services provided by third parties or advertisers. Additionally, we do not guarantee the accuracy or truthfulness of any content or listings provided by third parties or advertisers, nor can we ensure that a third party or advertiser will be able to fulfill or complete any transactions or services.

You agree to defend, indemnify, and hold harmless loviaAI, Apple, and Google from any claims, losses, liabilities, damages, expenses, or attorney fees that may arise due to:

1.Your use of or access to the Service, or any misuse of the Service;

2.Any breach by you of these Terms of Use;

3.Your violation of any third-party rights, including intellectual property, property, or privacy rights;

4.Any claims that your submissions have caused harm or damages to third parties or indemnified parties;

5.Any transaction you engage in as a result of contacts made through the Service;

6.Any activities related to your Apple ID, Google Account, mobile account, or other online accounts, or any unauthorized use of your account credentials (e.g., username, email address, phone number, password) by you or others accessing the Service through your account.

Legal Action and Recovery of Costs

If loviaAI, Apple, or Google decide to take legal action against you due to your breach of these Terms of Use, they are entitled to recover from you, and you agree to cover, all reasonable legal fees and associated costs for such action. This is in addition to any other remedies or relief that may be granted to loviaAI, Apple, or Google.

Notifications and Compliance with Communication Laws
By using the Service, you acknowledge and consent to receiving notifications via text messages, emails, or other forms of communication sent through the Service. If you send any message governed by the Telephone Consumer Protection Act (TCPA) or the CAN-SPAM Act using the Service, you agree to indemnify, defend, and hold harmless the loviaAI Parties from any claims, losses, obligations, demands, damages, costs, liabilities, expenses, and attorney's fees that may arise from your failure to secure proper consent from customers or potential customers before inputting their personal information into the Service or sending them text message notifications, emails, or other communications through the Service. This includes, but is not limited to, claims under the TCPA and CAN-SPAM Act.

LIMITATIONS ON LIABILITY

Under no circumstances shall the loviaAI Parties, Apple, or Google be held responsible for any direct, indirect, incidental, special, punitive, or consequential damages arising from the use of the Service or any third-party products or services. This includes, but is not limited to, damages resulting from the breach or performance of these Terms of Use (TOC), any warranties provided hereunder, or any associated services. The parties mentioned are not liable for damages related to their negligence, including any loss of profit, anticipated profits, savings, data, opportunities, reputation, goodwill, or business, even if they have been informed of the possibility of such damages in advance.

Under no circumstances will the loviaAI Parties, Apple, or Google be liable for any damage, loss, or other unfavorable outcomes resulting from the following:

1.Any suspension or interruption of the Service, even if caused by negligence on the part of the loviaAI Parties.
2.Errors, inaccuracies, or other mistakes within the content.
3.Any physical harm or property damage resulting from your use of or access to the Service.
4.Unauthorized access or use of loviaAI’s servers, and any information stored on them.
5.Any disruptions in data transmission to or from the Service.
6.Problems caused by faulty or inadequate hardware used to operate the Service.
7.Harmful software, such as viruses, bugs, or Trojan horses, that may be transmitted through the Service by third parties.
8.Issues arising from user-submitted content or third-party sites and apps linked to the Service.

9.Unauthorized access to or modification of your information or content.
10.Any statements or actions taken by users, advertisers, or third parties using the Service.
11.Mistakes or omissions in any content.
12.Any failure on the part of loviaAI to provide the Service as outlined in these TOC or any breach of these terms.
13.Any financial or other losses incurred due to your interactions with content or advertisements, including business transactions with advertisers, regardless of whether the claim is based on contract, tort, warranty, or other legal grounds, and even if loviaAI was aware of the possibility of such damages.

The above limitations of liability apply to the fullest extent permitted by applicable law within your jurisdiction.

Liability Exclusion

The loviaAI Parties, Apple, and Google will not be held liable for any damages, losses, or other undesirable outcomes that you or any other individual may experience as a result of your failure to meet your warranties or other responsibilities under these Terms of Use (TOC), including, but not limited to, your duty to keep your email address and login credentials confidential and not share them with others.

The maximum total liability of the loviaAI Parties, Apple, and Google for any single incident (or a series of related incidents) resulting in a claim related to these TOC or the Service, whether arising from breach of contract, warranty violations, misrepresentation, or negligence, shall be limited to the total amount you paid to loviaAI in the six months immediately preceding the incident that led to the claim.

Waiver of Unknown Claims

By using the Service, you acknowledge that you may be relinquishing rights related to claims that are currently unknown or unforeseen. In line with this acknowledgment, you confirm that you have reviewed and understood the content, and by accessing the Service, you explicitly waive the protections afforded by Section 1542 of the California Civil Code, or any similar laws of other jurisdictions, which state:

"A general release does not extend to claims which the releasing party does not know or suspect to exist in their favor at the time of executing the release, which, if known, would have materially affected their decision to settle with the other party."

Claims and Time Limitation

Any claims arising from the use of the Service must be filed within one (1) year from the date the issue first occurred. Claims filed after this period will be considered invalid. The Service is operated and provided by loviaAI from its facilities in the United States. Users who access or use the Service do so at their own risk and are responsible for ensuring compliance with all local laws, regulations, and restrictions.

Force Majeure

A party will not be considered in violation of these TOC, nor held accountable for any delays or failure in fulfilling its obligations, if such delays or failures result from events beyond its reasonable control. These include, but are not limited to, natural disasters such as floods, earthquakes, or fires, acts of war, terrorism, civil unrest, labor strikes, shortages of resources, power failures, and disruptions to electronic or communication systems ("Force Majeure Events"). Should such an event affect the Service, loviaAI will make reasonable efforts to inform users via the Service, website, or email.

Basis of the Agreement

You acknowledge and accept that loviaAI's provision of services, pricing, and the acceptance of these Terms of Use are all based on the warranty disclaimers and liability limitations outlined here. You further agree that these disclaimers and limitations represent a fair and reasonable allocation of risk between you and the loviaAI parties and are a fundamental component of the agreement between you and loviaAI. Without these limitations, loviaAI would not be able to offer its services to you on a financially feasible basis.

Equitable Remedies
In the event of your violation of these Terms of Use, we may pursue injunctive relief or other equitable remedies.

Assignment

You may transfer or assign these Terms of Use, and any rights or licenses granted hereunder, only with the prior written consent of loviaAI. However, loviaAI may assign or transfer these Terms of Use without restriction and without prior notice to you.

Class Action Waiver

All dispute resolution proceedings will be conducted solely on an individual basis, and not as part of a class action, representative action, or as a member of any class, consolidated, representative, or private attorney general legal action. Your access to and continued use of the Service signifies your explicit consent to this waiver.

Subpoena Costs

In the event that loviaAI is required to provide information in response to a subpoena related to your account, we may charge you for the associated costs. These costs may cover attorney and employee time spent on retrieving records, preparing documents, and participating in depositions.

Export Restrictions

The software and any associated technical data transmission related to the Service may be subject to export control laws. You agree to comply with all relevant regulations governing the export of software and technical data from the United States and your country of residence.

General Provisions

These Terms of Use (TOC) represent the complete agreement between the parties, superseding all prior agreements, representations, and arrangements related to the subject matter herein. Should any provision of these TOC be deemed invalid, void, or unenforceable by a court or tribunal with competent jurisdiction, such provision will be limited or removed to the minimum necessary extent and replaced with a valid provision that most closely reflects the intent of these TOC, so that the remaining terms will continue in full force. Both parties acknowledge that they have not been induced to enter into these TOC by any representation other than those explicitly set forth herein.

Except as specified by the Apple and Google required terms below, neither loviaAI nor you intend to confer, nor will these TOC be construed as conferring, any right, remedy, obligation, or liability upon any person other than loviaAI, you, and each party’s respective successors and assigns. Any modifications, changes, or waivers of these TOC will not be effective unless made in writing and signed by both parties. No waiver of any term of these TOC will be considered a further or continuing waiver of such term or any other term, and loviaAI’s failure to assert any right or provision under these TOC does not constitute a waiver of such right or provision.