TERMS OF USE

TERMS OF USE

Last Update: 01 February 2025

WELCOME TO Loviz

These Terms of Service (“Terms”) constitute a contract between you and our company.

The Loviz app (“Loviz”) is a social discovery platform that allows you to make new friends online and connect with new people.

United States Residents: PLEASE NOTE THAT SECTION 11 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. THESE PROVISIONS AFFECT HOW DISPUTES BETWEEN YOU AND OUR COMPANY MAY BE RESOLVED.

1. ACCEPTANCE OF THE TERMS OF SERVICE

1.1. Scope

These Terms govern your access to and use of Loviz and our related websites, content, services, applications, and products (the “Services”).

By accessing or using the Services, you accept and agree to comply with these Terms and our community guidelines. You also confirm that you have read our Privacy Policy.

The content of these Terms may vary from time to time. We will notify you of material changes to the Terms, but we encourage you to check the Terms frequently to learn about any changes. Your continued use of the Services after any changes to the Terms constitutes your acceptance of the amended Terms.

1.2. Who Can Use Loviz

You can sign up for Loviz and use the features offered on Loviz only if:

You can execute a binding contract with our company;

You are at least 18 years old - You may need the consent of your parent or legal guardian to use the Services if you are under the age of digital consent in your country;

You have never been convicted of a sexual offense;

Your User Account is not suspended for violation of these Terms or our community guidelines.

We may take reasonable steps to ensure these rules are respected on Loviz. If we have any evidence or serious reason to suspect that you do not comply with these provisions, we can suspend your account and take any action we deem necessary to prevent you from accessing the Services.

We may take reasonable steps to ensure these rules are respected on Loviz. If we have any evidence or serious reason to suspect that you do not comply with these provisions, we can suspend your account and take any action we deem necessary to prevent you from accessing the Services.

2. CREATING YOUR USER ACCOUNT

If you are the legal representative of a minor and you want to contact us, send us a message using this address loviz-server@dloviz.com.

To use Loviz properly, make sure you have completed the latest updates for your device. If your operating system is too old, Loviz may not work properly. You need to create a user account (“User Account”) to use Loviz and its features.

To create a User Account, you are required to provide us with some basic personal data, as explained in our Privacy Policy. You also have to upload a profile picture that represents you. Those personal data need to be provided to access Loviz and its functionalities.

It is important for you to provide accurate information about yourself, including your age. This allows us to provide an environment that promotes positive and safe user experiences.

While creating a User Account, you must provide us with correct and up-to-date information and may not create an account using any identity other than your own. In the event that your access to the Services has been suspended, interrupted or somehow blocked or removed by us according to these Terms or our community guidelines, you are not allowed to create a new User Account. You can contact us to dispute or appeal our decision.

We reserve the right to carry out checks to detect false declarations of age and, more generally, fake accounts; we may use technology to this end or require to verify your identity if we have any reasonable doubt about your age and/or identity.

We may apply age gates in Loviz, which means that we have set restrictions on how users in different age groups can communicate and interact. We may change these features of the Services at any time according to our safety and moderation needs.

You are responsible for using your login credentials properly and keeping them confidential. We help you choose a strong password. Let us know immediately if you think that the confidentiality of your login credentials have been compromised.

3. SERVICES DESCRIPTION

The creation of your User Account and access to the standard features of Loviz is free. We provide a mobile application to allow you to make new friends through different features such as instant messaging, friend requests, etc. To enrich your experience, you can nevertheless choose to purchase additional features or digital content (such as a digital coin), as available. Some paid items can be bought as regular subscriptions or “pack”.

Digital coins (where available) may be purchased to allow you to unlock or activate some features and content.

The characteristics of paid services and their current prices are specified in the app.

We provide Loviz's Services internationally. As a result, the prices of the Services may vary depending on several factors, such as promotional offers, the country, the length or size of your subscription, or the user’s age. We also regularly test new features and offers. You will be informed of the applicable price prior to purchasing the relevant Service.

The purchase process for paid Services is handled by the mobile application marketplace of your device’s operating system. In order to make a purchase, you must, therefore, have a user account on the platform on which you downloaded Loviz. Please read carefully the terms and conditions of these application marketplaces. We are responsible for delivering the paid Service, but the application platform is responsible for the management of your order and your payment.

We do not offer a right of withdrawal for purchases of any paid Services, as the paid Services have been duly performed by us upon the order, even in case of non-use. In accordance with applicable regulations, when you purchase a paid Service, you expressly agree to have use of the paid Service available immediately and that you are not entitled to cancel this purchase, or waive your right of withdrawal regarding this purchase (unless otherwise provided by your mobile application marketplace).

You may lose access to any paid Services if you delete your User Account.

4. INTELLECTUAL PROPERTY

Any reproduction, exploitation, use, modification and/or alteration, through any method, in any form and for any purpose whatsoever, of our logo or trademark, is strictly prohibited without our prior and written authorization.

We are the exclusive owner of all intellectual property rights relating to the Services and, in particular, the right to host, store, use, display, copy, modify, adapt, publish, edit and distribute all or part of the constituent elements thereof, in particular, and without limit: the brands, logos, designs, animations, videos, images, text, data and databases, computer code, and content published or presented on the Services.

We grant you a personal, worldwide, royalty-free, non-transferable and non-exclusive authorization to access and use the Services for private use. Downloading and/or using the Services App does not confer any rights (intellectual property or other) over our app. Any other copy, reproduction, representation, use, distribution, or reutilisation of these or other elements of the Services without our authorization is liable to legal proceedings, in particular for trademark infringement. This license shall remain valid throughout the performance of these Terms.

The reproduction, amendment, modification (of any kind), distribution, sale, rental, reverse engineering, or creation of derivative work of the Services, including any other constituent element (including software or source code), is prohibited without our authorization.

The Services may be subject to change and may be modified at any time. Some functionalities or services may be added or deleted by us at our sole discretion. No guarantee of any sort, either express or implied, is given with regard to the content, the services or functionality of the Services, either with regard to their existence or their operation.

5. YOUR CONTENT

You shall retain ownership of intellectual property rights in the content you create or share on Loviz. However, we need your authorization to process your content to let you enjoy our Services.

Therefore, you grant us a worldwide, royalty-free and non-exclusive license to host, store, reproduce, display, publish, translate, adapt, sublicence, and/or use, for the purposes of providing the Services (i) any information, photos, videos, or other content including user-generated content exchanged within the scope of the use of the Services, as well as (ii) your user name, your voice, and/or your image, as it is reproduced, where applicable, in said content. This license shall remain valid throughout the performance of these Terms.

If you believe that any content posted on the Services infringes your copyright or image rights, please notify us at loviz-server@dloviz.com

6. YOUR USE OF THE SERVICES

Our Services are designed for you to express yourself freely, have fun and connect with other users. However, this should not be at the expense of the well-being and safety of others, and/or in violation of applicable laws or our rules of conduct. You agree to comply with all applicable laws and regulations when you use the Services. You may not do any of the following while accessing or using the Services:

Post unsolicited commercial communications or send spam;

Collect information, data, or content belonging to other users without their consent;

Post content or broadcast any message or content that infringes on the rights of third parties (in particular their intellectual property rights or right to privacy), or that is of a pornographic, discriminatory, racist, violent, defamatory, or sexual nature, and/or which may constitute bullying, sexual harassment or intimidation of other persons. To this end we remind you that any photos of a pornographic, exhibitionist, or indecent nature are formally prohibited. Any publication of this nature constitutes an offence liable to deletion of the user account from which they originated, without prejudice to any other remedies available to us or criminal proceedings which may arise from such postings;

Use the name, the voice or the image of any person without their permission;

Modify the operation of the Services or inhibit access to them;

Misuse our channels (including for reporting a user or a content, contacting support, appealing a moderation decision) for abusive, defamatory or fraudulent purposes;

Interfere with any security measures protecting the Services or disrupt (or attempt to disrupt) access to the Services by any means including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

Use automated means to collect information from Services;

Use Loviz in an illegal, fraudulent, dishonest, malicious and/or discriminatory manner.

You agree to read and comply with our rules of conduct set out above / community guidelines when using our platform.

We reserve the right to filter or delete content brought to our attention that we consider to be in violation with these Terms, the community guidelines and/or applicable laws. We can also suspend any User Account for conduct that breaches these Terms and report some unlawful content and activity to law enforcement.

You accept full responsibility for any action, content, information or data which you may upload, download, post, send, or keep within the scope of the use of the Services. If you harm us through the content you post, you will be required to compensate us for any damages, losses or expense caused by your words or actions.

For reasons of security and public order, we may keep, for a reasonable period in compliance with applicable regulations or until the request of deletion provided by the user, a copy of content shared by the user, even where the user may have deleted their account or where said content may have been deleted from the Services.

7. NOTIFICATIONS AND REPORTS

7.1 Participation in the fight against certain crimes, felonies, inappropriate behavior and content

In our capacity as hosting provider, and provider of the Services, we are not under a general obligation to monitor the information and content that we store.

However, we participate to the fight against certain criminal offences (depending on countries and applicable laws), including (but not limited to) offences related to child sexual abuse, discrimination, harassment, apology for terrorism, or denial of crimes against humanity, incitement to hatred, violence, terrorist acts, suicide and gambling.

We are especially committed to enforcing our Terms and/or community guidelines to ensure the safety of everyone using Loviz. Accordingly, we use our best efforts to combat content and conduct that infringes these guidelines, and/or illegal content and conduct.

7.2 User report

To help us make Loviz a safe and respectful community, we encourage you to report any content or User Account that you feel is inappropriate or illegal.

To do so, you may use the reporting functionality in the app or contact us at loviz-server@dloviz.com.

Under no circumstances should you use these channels in bad faith, to harm others or to make false reports.

8. LIABILITY

8.1. Disclaimer

You use the Services at your own risk. You understand and agree that we provide the Services to you on an “AS IS” and “AS AVAILABLE” basis. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Furthermore, we make no warranty or representation and disclaim all responsibility and liability for: (a) errors, interruptions to service (due to maintenance, technical updates or technical issues), slow running, imperfections, or attacks on the rights of third-parties within the scope of the operation of the Services, in particular as a result of events on the internet; or (b) and disturbance, malfunction, or reduced access to the Services resulting from failure attributable to the internet network or to an internet service provider, to the operating system, browser and/or device of the user; (c) any harm to your device that results from your access to or use of the Services; or (d) the deletion of or failure to store any content you post to the Services.

We shall in no case be held responsible, in any capacity whatsoever, for illegal actions on our platform or for content that you or any person posts, publishes or shares through our Services.

8.2. Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) YOUR USE OR INABILITY TO USE THE SERVICES;

(ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES ON THE SERVICES; IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES. WHEN ALLOWED BY THE LAW, IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF OUR COMPANY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

SOME LOCAL LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AND/OR CERTAIN WARRANTIES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 9 MAY NOT APPLY TO YOU.

9. DURATION

9.1 Termination by us

A serious violation or suspected violation of these Terms and/or the community guidelines and/or any use which presents an important risk (legal, technical or other) may result in the temporary or permanent suspension, and/or the deletion of the User Account which is the origin thereof. In the case of any dispute, we are free to decide to block or deactivate the User Account and thereby their access to the Services, and this at our sole discretion, and without prior notice. We cannot be held responsible for the reimbursement of content or additional features you would have purchased on Loviz.

You can contact us at loviz-server@dloviz.com if you disagree with any decision related to your User Account.

9.2 Termination by you

These Terms apply to you as long as you are active on Loviz. This means that these Terms will expire when you delete it or when we disable it pursuant to Section 9.1 above.

You are free to terminate your relationship with us; you may delete your User Account at any time using the app settings or by contacting us at loviz-server@dloviz.com.

10. DIVISIBILITY AND WAIVER

If any portion of these Terms is declared null, invalid, or non-applicable, such declaration shall have no effect on the validity and applicability of the other provisions of these Terms and shall not exempt you from your duty to comply therewith.

The failure to demand the execution of a condition in these Terms, or to do so belatedly shall not be interpreted as a waiver on our part to demand the respect of that condition by the user or a third-party.

11. COMPETENT JURISDICTION

For any claim or dispute, the user is invited to contact us at loviz-server@dloviz.com in the first instance in order to allow an amicable solution to be found.

Arbitration and class action waiver for U.S. residents:

This Section applies to you only if you reside in the United States.

This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). You understand that by this agreement you are waiving your right to bring a claim in court or in front of a jury.

The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator shall apply the law of the jurisdiction in which you reside.

Arbitration Agreement. Mandatory, Bilateral Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by binding arbitration, except that you or us may assert a claim in small claims court if such claim qualifies.

To begin an arbitration proceeding, contact us at loviz-server@dloviz.com. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The number of arbitrators shall be determined in accordance with those Rules. You or us may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed on location.

In considering the facts and issues, in conducting the hearings, and in rendering a decision or award, the arbitrator is required to strictly apply the law of the jurisdiction of your residence, and failure to follow the foregoing provision is grounds for vacating the decision or award.

This Section shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction.

Each party shall equally divide the fees and costs of the arbitrator(s). Each party shall pay for its own costs and attorney’s fees, if any. However, the parties are entitled to seek recovery of costs and attorney’s fees to the same extent they would be entitled in court under controlling law.

Any party that seeks to confirm, vacate or have the judgment entered on any arbitration award shall do so exclusively in a court in the county in which you reside. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting such location, for the purposes set forth above and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, or that such suit, action or proceeding is improper.

Waiver of Jury Trial. BY ENTERING INTO THIS AGREEMENT YOU AND OUR COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE MEDIATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE MEDIATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.

This Section 11 shall survive termination, expiration, or rescission of these Terms.

12. APPLICABLE LAW

To the extent permitted by law, these Terms are subject to French law and interpreted in French. Except as provided for U.S. residents in Section 11, any dispute not resolved by the means indicated above shall be subject to the corresponding competent jurisdiction at the court in the place of residence of the user within one of the Member States of the European Economic Area.

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.