Terms of Service

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Effective Date: January 31, 2025

Welcome to WithLuv! By using our service ("Service"), you agree to these Terms of Service ("Terms"). Please read them carefully. If you do not agree to these Terms, do not use the Service.

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1. Introduction & Acceptance of Terms

By accessing or using WithLuv, you agree to abide by these Terms of Service. If you do not agree, do not use the Service. WithLuv reserves the right to update these Terms at any time, and continued use of the Service constitutes acceptance of any modifications.

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2. Eligibility

To use WithLuv, you must:

Be at least 18 years old (or 13 with parental consent).
Reside in the United States.
Use a valid phone number.
Only create and maintain one account per user.
Businesses and organizations may create accounts, provided they designate an authorized representative who agrees to these Terms on their behalf.
Users who have been previously banned from WithLuv are not eligible to create a new account.

3. User Responsibilities & Prohibited ConductUsers agree to:

Provide accurate account information.
Use the Service responsibly and lawfully.

The following activities are strictly prohibited:

Pornography, illegal activities, harassment, hate speech, threats, and fraudulent behavior.
Unauthorized mass messaging, spam, or phishing attempts.
Impersonation of others or fraudulent use of another person’s identity.
Attempting to hack, disrupt, or exploit vulnerabilities in the Service.
Use of automated scripts, bots, or software to send messages in an automated manner.
Sending bulk promotional messages or commercial spam through the platform.

Violation of these terms may result in account suspension, removal of content, permanent banning, or legal action. Users who encounter violations may report them to abuse@sendwithluv.com.

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‍4. Content Ownership & Usage RightsBy submitting content on WithLuv, including but not limited to messages, images, videos, voice-memos, and gift messages, you grant WithLuv a worldwide, perpetual, non-exclusive license to store, modify, distribute, and display the content as necessary to operate and improve the Service. WithLuv may also use content in marketing or promotional materials, provided such use is legally permissible, does not misrepresent the user, and users have not opted out. Users may opt out of marketing use by contacting hello@sendwithluv.com.WithLuv does not sell user content or personal data to third parties. User content is used strictly for the operation, improvement, and promotion of the Service within legal limits.Users are responsible for ensuring that their submitted content does not violate any laws or third-party rights. WithLuv is not liable for any legal claims arising from user-submitted content, including intellectual property infringement claims.Users may request deletion of their content upon account closure, subject to WithLuv’s legal and operational retention policies, including compliance with applicable state laws such as the California Consumer Privacy Act (CCPA). Users waive any claims to ownership or compensation for content submitted through the Service.

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‍5. Our Right to Block & Terminate Accounts

WithLuv reserves the right to block, suspend, or terminate any user account at our sole discretion. This includes, but is not limited to, users who violate our Terms, engage in fraudulent behavior (such as using stolen payment methods or misrepresenting identities), disrupt the platform, or engage in activities deemed harmful to WithLuv or its users. In some cases, users may receive a warning prior to termination, but WithLuv is not obligated to provide advance notice. Account termination decisions will not be based on race, gender, religion, or other protected characteristics.

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6. Gift Card Purchases & Platform Fees

Gift cards purchased through WithLuv are issued by third-party providers and are subject to their terms and conditions.
WithLuv acts solely as a platform to facilitate the purchase and delivery of gift cards and is not responsible for the value, redemption, acceptance, or expiration of any gift card by the issuing merchant.
Platform fees for gift card purchases are flexible and will be clearly displayed at checkout.
WithLuv does not handle disputes between users and gift card merchants and is not liable for lost, stolen, or misused gift cards once delivered.

7. Refund & Cancellation Policy

Return or refund requests for gift cards must be made at least 72 hours before the campaign begins. Once a campaign begins, no refunds or cancellations will be processed.
If a technical issue prevents the delivery of a gift card, users may contact support at hello@sendwithluv.com for assistance.
Refunds will be issued for the gift card value, minus transaction costs and platform fees.
Gift cards cannot be exchanged for cash unless required by law.‍

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8. Phone Numbers & Texting Policy

Users must provide a valid phone number to use the Service and are responsible for ensuring their phone number remains active and up to date.
By providing your phone number, you consent to receive SMS messages related to your use of WithLuv, including transaction confirmations, gift messages, notifications, and promotional messages.
Standard carrier rates may apply. Message frequency varies.
To opt out of all SMS messages, reply "STOP" at any time. Opting out will prevent you from receiving both transactional and promotional messages.
WithLuv is not responsible for delays, failures, or undelivered messages caused by third-party SMS providers, carriers, or incorrect user information.‍
Users cannot hold WithLuv liable for missed, delayed, or failed messages, including those affecting time-sensitive transactions.

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‍9. Liability for Messages Sent

‍Users are solely responsible for the content they send through WithLuv and must ensure that all messages comply with applicable laws, including but not limited to anti-spam, harassment, and defamation regulations. WithLuv is not liable for any damages, losses, or legal claims resulting from user-submitted messages, including financial harm, emotional distress, or reputational damage. While WithLuv reserves the right to review messages for compliance, such reviews do not imply endorsement or assumption of responsibility for user content. Users acknowledge that sending prohibited content may result in account suspension or legal action. Additionally, WithLuv may assist law enforcement in cases involving illegal content.

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‍10. Account Suspension & TerminationWithLuv reserves the right to suspend or terminate any account at any time for violating these Terms. WithLuv is not liable for any losses, including financial losses or lost access to content or services, resulting from account suspension or termination. This includes, but is not limited to, spam, abuse, fraud, or any activity that disrupts the Service. In some cases, we may provide notice before termination, but we are not obligated to do so.

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‍11. Governing Law & Dispute Resolution

‍These Terms are governed by the laws of the State of New York, without regard to its conflict of law principles. Any disputes arising under or relating to these Terms or the use of the Service will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act ("FAA"), provided that any claim must be filed within the time period permitted under applicable law, or if no specific law applies, within one (1) year from when the claim arose. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by a mutually agreed-upon arbitration provider, such as JAMS or another nationally recognized arbitration service. If the parties cannot agree on an arbitration provider, the selection will be made in accordance with applicable arbitration laws. Each party will be responsible for paying any arbitration filing, administrative, and arbitrator fees in accordance with the chosen provider’s rules. Judgment on the arbitrator’s 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. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent WithLuv from seeking injunctive relief in any court of competent jurisdiction as necessary to protect its proprietary interests.

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‍12. Indemnification Clause

‍Users agree to indemnify, defend, and hold harmless WithLuv, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to:

Their use or misuse of the Service.
Violation of these Terms or any applicable law.
Infringement or misappropriation of any intellectual property, privacy, or other rights of any third party.
Any content they submit, post, transmit, or otherwise make available through the Service.
Any fraud, intentional misconduct, or gross negligence committed by the user.

Users agree to reimburse WithLuv for any legal costs incurred in connection with such claims and acknowledge that this indemnification obligation shall survive termination of their account and use of the Service. WithLuv reserves the right to assume exclusive defense and control of any matter subject to indemnification, and users agree to cooperate fully in any such defense.
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13. Modifications to the Service

‍WithLuv reserves the right to modify, suspend, or discontinue any part of the Service at any time, including but not limited to changes in features, pricing, or availability of certain functionalities. WithLuv shall not be liable for any losses, damages, or disruptions resulting from modifications, suspensions, or discontinuations of the Service. Continued use of the Service after changes signifies user acceptance.

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14. Miscellaneous

If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full effect.
Failure to enforce any part of these Terms does not waive WithLuv’s right to enforce them later.
These Terms are written in English and shall be interpreted accordingly. Any translations are for convenience only.
WithLuv may transfer or assign its rights and obligations under these Terms without restriction.
WithLuv shall not be liable for any failure or delay caused by circumstances beyond its reasonable control, including but not limited to acts of God, cyberattacks, legal restrictions, or supply chain disruptions.

15. Contact Us

‍For any questions or concerns regarding these Terms, please contact us at: hello@sendwithluv.com

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