Terms of Service

1. Introduction

These Terms of Service ("Terms") govern the access to and use of Luvy ("Luvy," "we," "us," or "our") and all associated services, content, and features provided through our mobile applications for Android and iOS (collectively, the "Platform").

By accessing the Platform, registering, or using our services, you agree to these Terms. Luvy was developed to provide couples with interactive tools to strengthen their relationship and create shared experiences. The Platform offers, among others, the following features ("Services"):

• A shared Timeline: Create and share the most important milestones of your relationship.
• A shared Bucket List: Plan and track common goals and dreams.
• Interactive couple's tests and quizzes: Learn more about each other in a playful way.
• Customizable cards: Design unique cards for special days (e.g., anniversaries) with various designs and dynamic texts, such as a counter for your days together.

The Platform can be used both online and offline. For certain functions – particularly the synchronization of shared data – an internet connection is required.

By using the Platform, you confirm that you have read, understood, and accepted these Terms. If you do not agree to the Terms, you may not use the Platform or its services.

We place great value on transparency and the protection of your personal data. Details on this are regulated in our Privacy Policy, which is an integral part of these Terms.

Luvy reserves the right to change or update these Terms at any time. Changes will take effect upon their publication on the Platform. Continued use of the Platform after publication constitutes acceptance of the updated Terms.

Apple App Store: For users who obtain our app through the Apple App Store, Apple's standard End User License Agreement (EULA) also applies.

2. Eligibility and Registration

The Platform is available only to individuals who are at least 16 years old. By accessing the Platform, you confirm that you meet this age requirement.

To access the Platform's features, you must create an account. You can do this via Apple Sign-In or Google Sign-In. You agree to provide accurate and current information during registration. Providing false information may lead to the suspension or termination of your account.

For full functionality, you can link your account with your partner's by sharing or entering an invitation code. It is your responsibility to keep this code secure and to share it only with your partner.

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. If you suspect any unauthorized access, you must notify us immediately. Luvy is not liable for any losses arising from your failure to comply with these security obligations.

3. Subscription and Payment Terms

Access to certain premium features on the Platform requires a paid subscription. We offer monthly and yearly subscriptions. The available plans and their prices will be displayed within the Platform.

Premium features include, among others:

• Creating custom goals for the Bucket List.
• Adding an unlimited number of events to the Timeline.
• Full access to all couple's tests and quizzes.

All subscription payments are processed through the payment systems of Apple (for iOS users) and Google (for Android users). By purchasing a subscription, you agree to the respective terms and conditions of these payment providers.

Subscriptions automatically renew at the end of the billing period (monthly or yearly) unless they are canceled at least 24 hours before the renewal date. Only one user per couple needs an active subscription to unlock the premium features for both partners. To share the benefits, the subscribing user must connect their account with their partner's using the invitation code.

Luvy reserves the right to change subscription plans, prices, or features at any time. You will be informed of any significant changes that may affect your subscription.

4. Refunds and Cancellation

Refund requests are processed exclusively by Apple (for iOS users) and Google (for Android users) through their respective payment systems. Luvy does not have the ability to process refunds directly. If you wish to request a refund, you must do so via the Apple App Store or the Google Play Store in accordance with their refund policies.

You can cancel your subscription at any time through the account settings in the Apple App Store or Google Play Store. After cancellation:

• You will retain access to the premium features for the remainder of the current billing period.
• Your subscription will not be renewed at the end of the current billing period.
• No refund will be granted for the unused portion of the billing period.

5. Service Limitations and Downtime

We strive to provide a reliable service. However, it may happen that access to the Platform is restricted or unavailable. This may occur due to planned maintenance, technical problems, or unforeseen events.

The Platform is provided on an "as is" and "as available" basis. Luvy does not guarantee uninterrupted service and disclaims liability for interruptions, delays, or the inability to access the Platform.

Service interruptions, whether planned or unplanned, do not entitle users to refunds, credits, or extensions of their subscription periods.

6. Account Inactivity

To ensure the performance and efficiency of our Platform for all users, we reserve the right to manage accounts that have been inactive for an extended period. Inactivity is defined as the absence of any login or significant interaction with the Platform, such as using app features or updating account information.

For users without an active premium subscription, we reserve the right to permanently delete the account and all associated user-generated content (including entries in the Timeline, on the Bucket List, quiz results, images, and created cards) if the account remains inactive for a continuous period of six (6) months. Once deleted, data cannot be recovered. Luvy is not responsible for any data loss resulting from account inactivity.

Before we take any action due to inactivity, we will attempt to notify you via the email address associated with your account. This notification serves as a reminder and allows you to prevent the deletion by logging in again.

You can reactivate your inactive account at any time within the six-month period by simply logging into the Platform. This will reset the inactivity period, and your data will be preserved, provided it has not already been deleted.

7. User-Generated Content

Luvy allows you to create, upload, and share content such as texts, photos, and answers in tests ("User-Generated Content"). You retain ownership of all User-Generated Content you create. However, you grant Luvy a limited, non-exclusive, royalty-free, worldwide license to store, process, and display this content, solely for the purpose of operating and improving the Platform.

You are solely responsible for ensuring that your User-Generated Content complies with all applicable laws and these Terms. Do not upload content that is illegal, offensive, defamatory, or otherwise inappropriate. Luvy reserves the right to review and remove User-Generated Content that violates these Terms.

All content and materials provided by Luvy, including text, graphics, logos, and software, are the sole property of Luvy and its licensors and are protected by copyright, trademark, and other intellectual property laws.

8. Your Obligations

By accessing the services, you agree to use them only for lawful purposes and in accordance with these Terms. You commit to:

• Using the services for personal, non-commercial use only.
• Providing accurate and current information.
• Maintaining the security of your account.
• Not attempting to gain unauthorized access to the services, servers, or databases.
• Not uploading content that infringes on the rights of third parties, is harmful, or is illegal.

A breach of these obligations constitutes a violation of these Terms and may lead to the suspension or termination of your account.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LUVY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE PLATFORM.

IN NO EVENT SHALL LUVY'S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO YOUR USE OF THE PLATFORM EXCEED THE AMOUNT YOU HAVE PAID TO LUVY IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE MADE NO PAYMENTS, THE TOTAL LIABILITY IS LIMITED TO EUR 50.00.

10. Indemnification

You agree to indemnify and hold harmless Luvy and its affiliates, officers, directors, and employees from any and all claims, demands, damages, and costs (including reasonable attorney's fees) arising from your use of the services, your violation of these Terms, or your violation of any third-party rights.

11. Intellectual Property

All rights to the intellectual property of the Luvy Platform, including its design, software, trademarks, and content, belong to LoveCode UG (haftungsbeschränkt) ("Luvy") or are licensed to Luvy. These Terms do not grant you any ownership rights to the Platform or Luvy's intellectual property.

12. Dispute Resolution and Governing Law

These Terms and any disputes arising from your use of the Platform are governed by the laws of Germany, without regard to its conflict of law principles.

You agree that all legal actions or proceedings shall be initiated exclusively in the competent courts in Itzehoe (Amtsgericht Itzehoe), Germany.

13. Changes to the Terms

We reserve the right to change these Terms at any time. Changes will be published on our Platform. Your continued use after such changes constitutes your consent to the new Terms.

14. Severability Clause

Should any provision of these Terms be found invalid or unenforceable by a competent court, the remaining provisions of these Terms will remain in full force and effect.

15. Account Inactivity

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Luvy and supersede all prior oral or written agreements.