TERMS & CONDITIONS

Last updated: June 10, 2024

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the lovewick.com website, mydates.lovewick.com web application, and Lovewick’s mobile application (the “Service”) operated by Lovewick, Inc. (“Lovewick”, “the Company”, “us”, “we”, or “our”).

Your access to and use of our Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

Furthermore, this Service is offered and available to users who are 18 years of age or older. By using this Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

TERMINATION

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

REQUIREMENTS FOR SERVICE USERS

As a User of our Service, you expressly agree not to:

• Create an account in another real person’s or entity’s name, use another’s account, or impersonate another person or entity;
• Use our Services for any illegal or harmful purpose;
• Use verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company officer or employee;
• Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service;
• Probe or test the vulnerability of our Services or any system or network;
• Use tools to in any way reproduce, “data mine,” or circumvent the navigational structure or presentation of our Services or its contents (robot, crawler, site search/retrieval application, proxy, or other manual or automatic device);
• Upload viruses or malicious code or otherwise compromise the security of our Services;
• Modify, borrow, sublicense, translate, sell, reverse engineer, or otherwise disassemble any aspect of our Services for yourself or others;
• Use meta tags or code referencing Lovewick (or any trademark, trade name, service mark, logo or slogan of Lovewick) to direct someone to any other site or application;
• Use, access, or publish aspects of the Lovewick interface that are not already public; App Store screenshots are already public, for instance, whereas Discovery Card Questions and Distance Dates content (as described in the Service) is not without our written consent;
• Use the Service to gain competitive intelligence, compete with us, or create or sell a similar product, service, or information;
• Encourage or agree to engage in any activity that violates these Terms

We reserve the right to suspend any User’s access to the Service and/or cancel the contract of any User that violates these rules.

FEES & PAYMENT

Some Services will be free, others will require payment. Some Services may be free for a period, but then require a payment which may be taken automatically by your chosen payment method. We will always make any payment terms clear to you before you sign up for a paid Service. Any such payment terms shall be incorporated into and form part of these Terms and Conditions. When purchasing services such as Distance Dates, you will make your purchase through our Website via Stripe. When purchasing services such as Lovewick Plus you will make your purchase through an app store provider such as the Google Play Store or Apple App Store. In addition to these terms, you will be subject to the terms of the app store provider.

.At our discretion, we may change the price and nature of a paid Service, but if you are already paying for that Service, we will always give you notice should the price change. We accept no responsibility for any losses you may incur by failing to change or cancel a subscription after we have informed you of any changes to pricing of Services.

Where you have purchased a subscription, your subscription to our paid Service will be automatically renewed at the end of each subscription period unless you cancel it. If you do not cancel before the end of your current subscription period, you will be charged in advance for the next subscription period. Auto-renewing subscriptions can be modified or canceled by changing your settings with the appropriate app store provider. If you cancel a subscription you cannot claim a refund for the period remaining until the end of the subscription period in which you canceled.

If you think that you may be entitled to a refund for Services and you purchased those Services from our Website, you can contact us at support@lovewick.com. If you purchased the Services from an app store provider then you should contact that app store provider as we will be unable to process such refund requests.

INTELLECTUAL PROPERTY PROTECTION

The Service and its entire contents, features, and functionality (including but not limited to all information, software, phrases and copy, images, video, audio, and the design, selection, and arrangement thereof) are owned by Lovewick, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We also claim ownership rights under the copyright and trademark laws with regard to the “look and feel” (LNF), “appearance” and “graphic function” of our Services, including but not limited to its color palette, layouts, illustrations, and designs.

You may use the Service (including content and materials included on the website or application) for your own personal, private, non-commercial use, but you may not use it for commercial or public purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, or distribute in any manner or medium any material from the Service unless explicitly authorized to do so. For instance, you cannot publish any non-public materials, such as our Discovery Card Questions or Inspiration Hub ideas (as described in the Service), on another site, personal blog or vlog, or application.

We love and appreciate feedback. We may invite you, or you may choose, to submit feedback, comments, or ideas about how to improve our Services (“Ideas”). By submitting any Idea, you agree that your disclosure is voluntary, without restriction, and will not place Lovewick under any obligation to you; we are free to use, adapt, or disclose the Idea to anyone without any additional compensation to you. You grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into Lovewick or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you.

LINKS TO THE SERVICE

You may link to our Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

RECOMMENDATIONS AND LINKS FROM THE SERVICE

Our Service contains recommended activities and ideas (referred to in the Service as Unlocked Ideas, Inspiration Hub ideas, and Distance Dates), some of which include links to third-party web sites or services that are not owned or controlled by Lovewick. Lovewick is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Lovewick recommendations, whether or not they link to a specific third-party service. Users are responsible for the outcome of any off-platform behaviors or activities, even if the idea came from Lovewick. For instance, if you unlock or save a date idea related to hiking and then sprain your ankle on a hike together, Lovewick is not liable. If you do a Distance Date that involves cooking and burn yourself, Lovewick is not liable. We try to be thoughtful about vetting experiences on our platform for health and safety, but we are not liable for any injuries or negative outcomes that you may experience by voluntarily participating in said activities.

Furthermore, Lovewick has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party partners, web sites or services. You acknowledge and agree that Lovewick shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of, or reliance on, any such content, goods, or services available on or through any such websites or services.

GEOGRAPHIC RESTRICTIONS

We provide this Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

Our services are provided for entertainment, educational, and promotional purposes only. Lovewick (including, but not limited to its founders, officers, stockholders, employees, consultants, and partners) is not a healthcare or telehealth service, and the Service and content do not constitute therapy or medical advice.

Although we do vet third party vendors to some extent (for example, we never recommend a third party without consulting reviews and/or real couples), we cannot and do not represent or warrant that any vendor or third party is licensed, qualified, insured, or capable of performing the product or service they claim to. We also make no representations or warranties about the expertise, professional qualifications, or quality of work of any such vendor or third party.

YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Service.

GOVERNING LAW AND JURISDICTION

All matters relating to the Service and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We encourage you to review these Terms periodically for any changes. We are relatively early in our journey as a company, so we hope to consistently improve and change our Service to better suit your needs. As we roll out new features, we will change these Terms as needed.

CONTACT US

If you have any questions about these Terms, please contact us at support@lovewick.com. Thank you!