Terms of Use

IMPORTANT: 

Welcome to Lovebug LLC (“Lovebug”, “we,” “us,” or “our”). We have developed software and personal services that aim to increase or improve your child’s wellness (including but not limited to helping children sleep better and longer). Lovebug operates this website, other health, wellness and parenting websites, such as www.getlovebug.com, app.getlovebug.com and help.getlovebug.com (collectively, the “Sites”), and the services related to or offered on the Sites (hereinafter, the “Services”). Lovebug’s Services may include, without limitation, tools, applications, email services, bulletin and message boards, chat areas, groups, forums, communities, calendars, and downloadable mobile applications related to the Sites or provided through the Sites. Our applications on the web, mobile phones, voice assistants or tablets are copyrighted materials belonging to Lovebug. These Terms of Use (“TOU”) govern your use of any of the Sites and Services that are provided by Lovebug. Please read this agreement carefully before creating an account or accessing or using any of the Sites or Services. By using the Services, creating an account or paying for the products, you agree to be bound by these TOU. If you do not agree to be bound by all of these TOU, you may not create an account or access or use the Sites or Services. In addition, certain areas of the Sites or Services may be subject to additional terms of use that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with these TOU, the additional terms will control.

LOVEBUG DOES NOT PROMISE, GUARANTEE OR WARRANT ANY SPECIFIC RESULTS FROM YOUR USE OF THE SITES OR SERVICES.

THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.

1. This Site is for Informational Purposes Only and Does Not Provide Medical Advice.

The Sites and Services offer health, fitness and nutrition related information, but are designed for informational purposes only. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOUR BABY’S HEALTH OR THE CONTENT ON THE SITES OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR THROUGH THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITES OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. Nothing stated or posted on the Sites or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, sleep, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Sites or through the Services and no assurance can be given that the information contained in the Sites or the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of the Sites and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our Licensors. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Sites or Services. If you rely on any of the information provided by this Site or the Services, our employees, or guests or visitors to the Sites, you do so solely at your own risk. Furthermore, you should not interpret any information contained within the Products, Site Content, User Content, or your Product Data as recommending any specific treatment plan, product or course of action. You should always consult your physician or other qualified health provider before starting any new treatment or stopping any treatment that has been prescribed for you by your physician or other qualified health provider. If you believe you or your child are experiencing any negative effects or illness from using the Products, you should immediately stop such use and contact your physician or other qualified health provider as well as Lovebug at urgent@getlovebug.com. We do not guarantee the accuracy, completeness or timeliness of any information contained within the Products, Site Content, User Content, or your Product Data.

2. User Obligations.

You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Sites and Services. You also acknowledge and agree that your use of the Internet and access to the Sites is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from a Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Lovebug is not responsible for the security of any information transmitted to or from the Sites. Lovebug reserves the right to prohibit or terminate use of or access to the Sites at any time, without notice, for any reason whatsoever. 

3. License Grant.

This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Sites and Services conditioned on your continued compliance with these TOU. You may screenshot, print and download materials and information from the Sites solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. 

Proprietary Rights

  1. Services and Site Content; Ownership; and License. Lovebug owns and provides the Services. The content and information available on the Sites and Services (the “Site Content”) including data created as you use the Services ("Product Data") and user feedback ("Feedback") but excluding any content submitted by users of the Services ("User Content"), is owned by Lovebug and its licensors. Subject to these Terms of Use, Lovebug grants you a limited license to: (i) access and use the Services solely for your personal, non-commercial purposes; (ii) install and use the Services on your own mobile phone, tablet device, computer, or voice assistant, in executable object code format only delivered by an official Lovebug owned or managed channel including but not limited to the Apple App Store and Google Play Store, for your personal, non-commercial use; and, (iii) reproduce portions of the Site Content for the sole purpose of reviewing such Site Content as a visitor to the Services. You agree not to remove any copyright, trademark or other proprietary rights notices contained in or on the Sites or Services or Site Content; or "frame" or "mirror" any part of our Sites or Services or Site Content without prior written consent from Lovebug. Any unauthorized use, reproduction, modification, distribution, display, or performance of the Sites or Services or any Site Content is strictly prohibited. You shall not disassemble, reverse compile, reverse engineer, extract or decode any part of the Sites or Services or Site Content. Lovebug and its licensors reserve all rights not granted in these Terms of Use.
  2. Product Data; Ownership; and License. The information that is created when you sign up to use our Services or in fact use our Services; for example, data regarding your child’s sleep, information you provide to us in questionnaires or data generated by your use of or progress in the Services (collectively, “Product Data”); is owned by Lovebug and its licensors.
  3. Feedback; Ownership; and License. If you provide any comments, testimonials, feedback or suggestions to Lovebug regarding the Sites, or any of Lovebug’s Services (collectively, “Feedback”), Lovebug may use such Feedback for any purpose. So that we may incorporate such Feedback into Lovebug’s Sites and/or Lovebug’s Services, Lovebug alone will own all rights, title and interest, including all related intellectual property rights, in and to all such Feedback, and in consideration for your use of the Sites and Services, you hereby assign such Feedback to Lovebug free of charge.
  4. User Content; Ownership; and License. User Content refers to any publicly available content that you submit to us, such as a profile photo or comments in the community. User Content does not include Product Data. We do not claim ownership in any of your User Content. You hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free license, with the right to sublicense through multiple levels, to store, reproduce, perform, display, transmit, distribute, create derivative works of, and otherwise use your User Content in connection with providing our Sites and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You should only upload your User Content to our Sites and Services (a) for which you are willing to grant the licenses described above and (b) for which you have sufficient rights to grant the licenses described above.
  5. No Implied Licenses. There are no implied licenses granted in these Terms of Use.

4. Prohibited Activities.

The Sites and the Services are not intended for children under the age of 18 (or applicable age in your country) and children under 18 (or applicable age in your country) should not use the Sites or the Services. You acknowledge and agree that the Sites and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Lovebug, its Licensors or our content providers. Unless otherwise specified in writing, the Services are for your personal and non-commercial use. In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not: 1. Copy, reverse engineer, reverse assemble, extract content, decode content or otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Services; 2. Access the Sites or Services by any means other than through the standard industry-accepted or Lovebug-provided interfaces; 3. Post or transmit any material that contains a virus or corrupted data; 4. Delete any author attributions, legal notices or proprietary designations or labels; 5. Violate any applicable local, state, national or international law, rule or regulation or use the Sites and/or the Services for any purpose that is prohibited by these TOU; 6. Manipulate or otherwise display the Sites and/or the Services by using framing or similar navigational technology; 7. Register, subscribe or unsubscribe any party for any Lovebug product or service if you are not expressly authorized by such party to do so; 8. Use the Sites or the Services in any manner that could damage, disable, overburden or impair Lovebug's servers or networks, or interfere with any other user's use and enjoyment of the Sites and/or the Services; 9. Gain or attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to Lovebug through hacking, password mining or any other means; 10. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services or harvest or otherwise collect information about other users without their consent; 11. Use the sites in any manner that could damage, disparage, or otherwise negatively impact Lovebug. In addition, you agree to comply with our Posting Guidelines below. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY LOVEBUG TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

5. Message Boards, Chat Rooms and Posting Guidelines.

Lovebug manages and/or hosts message boards, chats and other public forums on its Sites and through the Services. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers of the Sites. These are public forums and any information that you post on the Sites or through the Services may be seen by anyone on the Internet. Any user will have the ability to edit or delete their own posts after posting. When posting information on the Sites or through the Services, use good taste when discussing sensitive topics. Both users and moderators are required to treat others with respect and honesty. Be fair and informative. Post honest and valuable information and don't post rumors or negative opinions that are not supported by facts. Unless the information in your post arises directly from your personal experience, references to any health-related or medical information you provide must be included in your post.

In addition to the prohibited activities described above, when posting information and media on the Sites or through the Services you must not:

Any user failing to comply with these guidelines may be expelled from and refused continued access to the message boards, chats or other public forums in the future. Lovebug or its designated agents may remove or alter any user-created content at any time for any reason. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations. Lovebug expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will Lovebug or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Lovebug or any of their subsidiaries or affiliates. Lovebug has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums. However, you acknowledge and agree that we reserve the right to monitor the same at our sole discretion. Lovebug employees typically moderate our boards on a daily basis. Unless otherwise stated, these moderators are not medical professionals and should not be construed as such. Our moderators reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. In addition, Lovebug and Lovebug’s moderators reserve the right to contact users to inform them of policies, hide users’ posts or delete users’ accounts without warning or notice in advance, for any reason, including but not limited to the violation of these Terms. By sending or transmitting to us content, images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submission Materials"), or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you. The foregoing license to Lovebug shall be fully paid-up and royalty free. You represent and warrant that any person or entity named or pictured in such Submission Material has provided any necessary licenses, rights or authorizations to allow Lovebug's use of such Submission Materials in accordance with such license. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.

 

6. Commercial Transactions.

Certain products or services may be offered for sale on the Sites or through the Services. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by Lovebug or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide us or such third party with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing Lovebug with your credit card number and associated payment information, you agree that Lovebug and/or our third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the Services and/or purchase of products. In the event that access to an applicable Service requires a recurring payment, you agree that we (or our third party payment service provider) may automatically invoice your account at the beginning of each recurring period. If we change our subscription fees, any such change will not apply until your next subscription period. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the applicable Site or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You agree to immediately notify Lovebug of any change in your billing address or the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account. You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys' fees. Please also review Section 24) App Store Terms and Conditions. 

7. Third Party Content.

Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Sites by third parties, including information providers, are those of the respective authors or distributors and not Lovebug. Neither Lovebug, nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, neither Lovebug nor its Licensors endorse or are responsible for the accuracy and reliability of any opinion, advice or statement made on any of the Sites or Services by anyone other than an authorized Lovebug representative while acting in his/her/their official capacity. You may be exposed through the Sites or Services to content that violates our policies, is sexually explicit or is otherwise offensive. You access the Sites and Services at your own risk. We take no responsibility for your exposure to third party content on the Sites or the Services. Lovebug and its Licensors do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that we do not advocate the use of any product or procedure described in the Sites or through the Services, nor are we responsible for misuse of a product or procedure due to typographical error. 

8. Sweepstakes, Contests and Games.

If Lovebug conducts a sweepstake, contest, or game on the Sites, the rules governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the page where the sweepstake, contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.

9. Accounts, Passwords and Security.

If any of the Sites or Services require you to open an account, you must complete the registration process by providing Lovebug with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Lovebug which is untrue, inaccurate, not current or incomplete, Lovebug reserves the right to terminate your access and use of the Sites and/or the Services. As part of the registration process, you will be asked to submit an email and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Lovebug immediately of any unauthorized use of your account or any other breach of security. Lovebug will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Lovebug or another party due to someone else using your account or password.

You may delete your Account at any time, for any reason, by contacting us using the GDPR and CCPA methods located in our Privacy Policy at https://www.getlovebug.com/privacy-policy. We may suspend or terminate your Account in accordance with Section 19 (Termination). 

10. Linking to the Sites.

We reserve the right to disallow you to link to the Sites at any time in our sole discretion. If we exercise such right, you agree to immediately remove and disable any and all of your links to the Sites. In the absence of a written agreement with us specifying how you may link to the Sites, use the following guidelines for adding one or more links to the Sites from your website:

11. Disclaimer Regarding Linked Third Party Sites.

The links on any of the Sites and/or Services will let you leave the particular Sites or Service you are accessing in order to access a linked third party site (the "Linked Sites"). Lovebug provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has Lovebug reviewed or approved the content which appears on the Linked Sites. Lovebug is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services or other materials on or available from any Linked Sites. You acknowledge and agree that Lovebug 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 the use of any of the links, content, goods or services available on or through the Linked Sites. 

12. Dealings with Third Parties.

Your participation, correspondence or business dealings with any third party found on or through our Sites and Services, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Lovebug shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

 

 

13. Privacy.

Lovebug's privacy policy with respect to the collection and use of your Personally Identifiable Information (PII) and any Protected Health Information (PHI) you provide is set forth at https://www.getlovebug.com/privacy-policy, and is incorporated by reference into these TOU. BY ACCESSING THE SITES AND/OR SERVICES, YOU AGREE THAT YOU ARE ACCEPTING OUR PRIVACY POLICY. 

14. Disclaimer of Warranties.

THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOVEBUG AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITES OR THROUGH THE SERVICES. LOVEBUG DOES NOT PROMISE, GUARANTEE OR WARRANT ANY SPECIFIC RESULTS FROM YOUR USE OF THE PRODUCTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITES OR THE SERVICES. 

15. Limitation of Liability.

NEITHER LOVEBUG NOR ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF LOVEBUG TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE GREATER OF THE AMOUNTS PAID BY YOU TO LOVEBUG IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU ACKNOWLEDGE THAT OUR SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY UNDER THESE TERMS OF USE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

16. Indemnification.

You agree to indemnify, defend and hold Lovebug and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these TOU; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Sites or the Services. 

17. Copyright Policy.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Lovebug infringe your copyright, you or your agent may send to Lovebug a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Lovebug actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Lovebug a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

Lovebug's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Jenica Blechschmidt, 6075 Sunnyslope Dr, Naples FL 34119; E-mail for notice: legal@getlovebug.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

18. Jurisdictional Issues.

Lovebug makes no representation or warranty that the content and materials on the Sites or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Lovebug reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.

These Terms of Use were written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. The Sites and Services are located in the United States. If you choose to use the Sites and Services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your Personal Information (as defined in the Privacy Policy at https://www.getlovebug.com/privacy-policy) to the United States and by providing your Personal Information you consent to (a) such transfer, and (b) the application of the laws of the United States and/ or the State of Delaware with respect to any dispute arising from or related to these Terms of Use (except for any dispute arising out of your use of a Third Party Company’s websites or services, which shall be governed by the applicable Third Party’s Company’s terms of use and/or privacy policy), other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Delaware. 

19. Termination.

You agree that Lovebug, in its sole discretion, may terminate your password, account (in whole or in part) or use of the Sites or Services, and remove and discard any content within the Sites or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you. 

20. Governing Law.

These TOU and the relationship between you and Lovebug shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. You and Lovebug irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New Castle, in the State of Delaware, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

21. Waiver and Severability.

The failure of Lovebug to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.

22. Successors and Assigns.

We may perform any of our obligations or exercise any of our rights under this TOU through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If Lovebug or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this TOU. You may not assign your rights or obligations under this TOU, by operation of law or otherwise, without our prior written consent.

23. Arbitration 

ARBITRATION NOTICE: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Wilmington, Delaware before a single arbitrator. The arbitration shall be administered JAMS, pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. If the specific provision of this paragraph is found to be unenforceable, then the entirety of this Section entitled “Arbitration” shall be null and void.

YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. 

24. App Store Terms and Conditions. 

You acknowledge and agree that the availability of the Services as native applications on mobile phones, tablets and voice assistants is dependent on the third party from which you received the Services (“App Store”), e.g., the Apple App Store or Google Play Store. You acknowledge that these Terms of Use are between you and Lovebug and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the Services from it. You agree to comply with, and your license to use the Products is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store. The following additional terms and conditions apply to you if you are using Products from the Apple App Store. To the extent the other Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 24, the more restrictive or conflicting terms and conditions in this Section 24 apply, but solely with respect to Products from the Apple App Store.

  1. Acknowledgement: Lovebug and you acknowledge that Terms of Use are concluded between Lovebug and you only, and not with Apple, and Lovebug, not Apple, is solely responsible for the Products and the content thereof. To the extent these Terms of Use provide for usage rules for the Services that are less restrictive than the Usage Rules set forth for the Services in, or otherwise is in conflict with, the Apple App Store Terms of Service, the more restrictive or conflicting Apple term applies.
  2. Scope of License: The license granted to you for the Services is limited to a non-transferable license to use the Services on an Apple product that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
  3. Maintenance and Support: Lovebug is solely responsible for providing any maintenance and support services with respect to the Products, as specified in these Terms of Use (if any), or as required under applicable law. Lovebug and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
  4. Warranty: Lovebug is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Products, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Lovebug’s sole responsibility.
  5. Product Claims: Lovebug and you acknowledge that Lovebug, not Apple, is responsible for addressing any claims of you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Products fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These Terms of Use do not limit Lovebug’s liability to you beyond what is permitted by applicable law.
  6. Intellectual Property Rights: Lovebug and you acknowledge that, in the event of any third party claim that the Products or your possession and use of the Products infringes that third party's intellectual property rights, as between Lovebug and Apple, Lovebug, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Developer Name and Address: Lovebug’s contact information for any end-user questions, complaints or claims with respect to the Services is help@getlovebug.com.
  9. Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the Services.
  10. Third Party Beneficiary: Lovebug and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

25. Beta Services

From time to time, We may make Beta Services available to You at no charge. You may choose to try such Beta Services in Your sole discretion. Beta Services are intended for evaluation purposes and not for production use, are not supported, and may be subject to Supplemental Terms that will be presented to You. Beta Services are not considered “Services” under this Agreement; however, all restrictions, Our reservation of rights and Your obligations concerning the Service, and use of any Non-Lovebug Services shall apply equally to Your use of Beta Services. Unless otherwise stated or communicated to You, any Beta Services trial period will expire upon the date that a version of the Beta Services becomes generally available without the applicable Beta Services designation. We may discontinue Beta Services at any time in Our sole discretion and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with a Beta Service.

26. Updates

We may modify these TOU at any time, as we deem appropriate. If you disagree with the changes to the TOU, you must discontinue your use of the Sites and Services, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Sites or Services following such notice signifies your acceptance of the modified TOU. It is your responsibility to review the TOU regularly to be aware of such modifications. We reserve the right to modify or discontinue the Sites or Services with or without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Sites or Services. If you object to any such changes, your sole recourse will be to cease access to the Sites or Services. Continued access to the Sites or Services following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Sites or Services as so modified and your use of new Services will be governed by these TOU.

Date of Last Revision: April 8, 2021