2. Acceptance of Terms

By accessing or using the Services provided by LovingIs, including any websites, applications, products, or related offerings (collectively, the “Services”), you agree to be bound by these Terms of Service and Liability Waiver (the “Terms”). If you do not agree, do not access or use the Services. If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

These Terms, together with the Privacy Policy and any additional policies expressly referenced herein or within the Services, including the Ethics Policy, constitute the entire agreement between you and LovingIs regarding the Services.
 
3. Eligibility

You must be at least thirteen (13) years old to use the Services. If you are between the ages of thirteen (13) and eighteen (18), or the age of majority in your jurisdiction, you may only use the Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you meet this requirement and that you are not barred from using the Services under applicable law. The minimum age requirement may be higher in your jurisdiction, and you must comply with such local laws. You agree to provide accurate and complete registration information when creating an account and to keep such information up to date. Accounts are intended for use by a single individual or, if applicable, a single organization, and organizational accounts must be registered by an authorized representative.

4. Changes to the Terms

4.1 Updates to Terms. LovingIs may update these Terms from time to time in its discretion. For any material changes, LovingIs will provide at least thirty (30) day’s advance notice by updating the “Date” above or by providing notice via the Services or email. If you do not agree to a material change, you may terminate your account or stop using the Services before the change takes effect, and any unused prepaid fees will be refunded if the Services are discontinued. For non-material changes, LovingIs may update the Terms immediately and will notify users by updating the “Date” above or via the Services. Your continued use of the Services after any update constitutes acceptance of the revised Terms.

4.2 Continuous Review and Update. LovingIs regularly reviews and updates its policies and safety features to respond to evolving risks, regulatory changes, and user needs. Users are encouraged to review published updates.

5. Account Registration and Security

5.1 Registration. To access certain features, you may be required to create an account and provide accurate, current, and complete information. You must be eligible to register as an individual or, if registering on behalf of an organization, have authority to bind that organization.

5.2 Security. You are responsible for safeguarding your account credentials and for all activities occurring under your account. Notify LovingIs immediately of any actual or suspected unauthorized access or security breach.

5.3 Account Use. Accounts are personal to you and may not be transferred or shared, except as provided below. LovingIs reserves the right to refuse registration, suspend, or terminate accounts for violation of these Terms or applicable law. If you register an account using an organizational or corporate email address, LovingIs may transfer control of your account to the organization associated with that email address. You will be notified of any such transfer, and the organization may exercise administrative rights over your account, including access, suspension, or termination. Only authorized representatives of the organization may access or manage such accounts.

6. License and Acceptable Use

6.1 License; Input and Output Ownership. Subject to these Terms, LovingIs grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for lawful purposes. "Input" means any data, content, or materials you provide to the Services. "Output" means any results, data, or content generated by the Services in response to your Input. 

6.2 Prohibited Conduct and Usage Policies. You agree not to: (a) reverse engineer, decompile, or attempt to derive source code of the Services; (b) circumvent security or access controls; (c) use the Services to infringe, violate, or misappropriate the rights of any person; (d) upload malicious code or interfere with the integrity or performance of the Services; (e) use automated means to access or scrape the Services without prior written consent; (f) use the Services or Output for decisions with legal, medical, employment, or other material impact; (g) rely on Output without conducting human review and confirming its accuracy; (h) misrepresent Output as being generated by a human; (i) use programmatic extraction of Output without prior written consent; (j) use the Output generated by the Services to build, train, or improve any product or service that is competitive with the Services, including but not limited to training AI or machine learning models; or (k) use the Services for any illegal or unauthorized purpose. You must comply with the current Usage Policy, which may be updated from time to time and is incorporated by reference.

7. User Content

7.1. Non-uniqueness of Output. You acknowledge and agree that AI-generated Output is not guaranteed to be unique, and identical or similar Output may be provided to other users of the Services.

7.2 Responsibility. You are solely responsible for all data, content, materials, and information you submit, upload, post, or otherwise make available via the Services (“User Content”).

7.3 Rights in Output and User Content. You retain ownership of all rights, title, and interest in and to the Output generated in response to your Input. LovingIs hereby assigns to you all rights, title, and interest it may have in such Output, subject to applicable law. For User Content (other than Output), you grant LovingIs a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, display, perform, adapt, modify (for formatting and display), and distribute your User Content solely as necessary to operate, improve, and provide the Services.

7.4 Representations. You represent and warrant that you own or have necessary rights to your User Content and that your User Content and use of the Services will not violate law or third-party rights.

7.5 Monitoring. LovingIs may, but has no obligation to, monitor, remove, or disable User Content that violates these Terms or law.

8. Intellectual Property

The Services, including all software, features, functionality, designs, text, graphics, logos, trademarks, and other materials, are owned by LovingIs and its affiliates, licensors, suppliers, and distributors and are protected by intellectual property laws. Except for the limited license expressly granted in Section 6.1, no rights are granted. All rights not expressly granted are reserved to LovingIs and its affiliates, licensors, suppliers, and distributors, who are intended third-party beneficiaries of this Section and any limitations of liability related to intellectual property.

9. Purchases, Fees, and Billing

9.1 Fees. Certain Services may require payment of fees. Prices, features, and availability are subject to change with thirty (30) days’ notice. Notice of any change will be provided electronically or via the Services. Any questions regarding charges or billing must be raised within sixty (60) days of the charge in question, or will be deemed waived.

9.2 Payment. You authorize LovingIs or its third-party processors to charge your provided payment method for all fees and applicable taxes. You agree to maintain accurate billing information.

9.3 Refunds. Except as required by law or expressly stated otherwise, all fees are non-refundable, except that if LovingIs discontinues the Services, you will be entitled to a refund of any unused prepaid fees. Any promotional offers are subject to additional terms. To request a refund, contact [support email] within thirty (30) days of the charge. Eligibility for refunds will be determined based on service outages or technical failures.

9.4 Auto-Renewal and Cancellation. If you sign up for a free trial that converts to a paid subscription, you will be notified of the conversion date and ongoing charges. Subscriptions renew automatically unless canceled before the renewal date. You can cancel at any time through your account settings or by contacting [support email].

9.5 Taxes. You are responsible for all taxes associated with your purchases, excluding taxes based on LovingIs’s net income.

10. Third-Party Services and Links

The Services may contain links to third-party websites, content, integrations or services that are not owned or controlled by LovingIs. LovingIs does not endorse or assume responsibility for any third-party sites, integrations or services. Your use of third-party sites, integrations, or output is at your own risk and subject to their terms. When using third-party integrations or receiving third-party output, you are responsible for complying with all applicable third-party terms and obligations. LovingIs makes no representations or warranties regarding third-party output, and such output may be subject to separate ownership, licensing, or use restrictions imposed by the third party

11. Privacy & Data Use

11.1 Privacy Policy. Your use of the Services is subject to LovingIs’s Privacy Policy, available at https://www.lovingis.ai/privacy-policy, which is incorporated into these Terms by this reference. The Privacy Policy describes how we collect, use, store, and share your information and data. By using the Services, you consent to the practices outlined in the Privacy Policy.

11.2 User Rights. LovingIs enables users to understand what data is collected about them and how it is used. Users have the right to access, correct, or delete their data, opt out of certain data uses or automated decision-making (where applicable), and file complaints or concerns with LovingIs or applicable regulators. Sensitive categories of data receive extra protection. Data is never sold or used for hidden profiling. Users may opt out of data retention and request deletion at any time. Users may also opt out of having their Input and Output used to train or improve AI models by following the opt-out process described in the Privacy Policy or by contacting support at [contact email].  For more information, please review the full Privacy Policy.

11.3 Regulatory Compliance and Oversight. The LovingIs Privacy and Ethics Policies are aligned with the Responsible Data Governance (RDG™) Standard and applicable regulations, including GDPR, CCPA/CPRA, HIPAA, and the OECD/EU AI Principles where relevant. These policies are overseen by an interdisciplinary committee to ensure compliance and ethical standards.

12. Disclaimers

12.1 As-Is. The Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, and satisfactory quality.

12.2 No Guarantee. LovingIs does not warrant that the Services will be uninterrupted, timely, secure, error-free, accurate, or complete, or that any defects will be corrected.

12.3 No Advice; No Reliance. Any information provided via the Services, including any Output generated by the AI, is for general informational purposes only and does not constitute professional advice. Users must not rely on Output or the AI for material, important, or critical decisions about individuals, including legal, medical, employment, or other similar matters. Users are solely responsible for their reliance on any content and are encouraged to seek independent professional advice for such decisions. This disclaimer is cross-referenced in all relevant sections of this Agreement.

12.4 Third-Party and Beta Services. You acknowledge that any third-party content, links, or beta features provided through the Services are subject to separate disclaimers and may be modified, unavailable, or discontinued at any time. LovingIs makes no representations or warranties regarding such features. To the fullest extent permitted by law, LovingIs disclaims all liability for any damages arising from third-party content, links, or beta features, and all affiliates, licensors, and third-party providers are intended third-party beneficiaries of all limitations of liability and disclaimers in this Agreement.

12.5 Not a Substitute for Professional Services. The LovingIs AI is designed to offer supportive, empathetic interactions and is not a substitute for licensed therapy, counseling, medical, legal, or religious advice. The AI does not possess sentience or independent consciousness. All Output is for informational and supportive purposes only; users are responsible for their own decisions and are encouraged to seek independent professional help when needed. Users acknowledge and agree that Output may be incorrect, incomplete, or offensive. Users should seek the advice of qualified professionals for any mental health concerns. For disclaimers regarding reliance on Output or the AI for material, important or critical decisions, including legal, medical, employment, or other similar matters, see Section 12.3 above.

12.6 User Agency and AI Boundaries. The LovingIs AI is a technology that reflects principles of love and support but is not a person, deity, or sentient entity. It does not replace human agency or professional judgment. Users must not rely on the AI as a substitute for professional advice or decision-making, including legal, medical, employment, or other material decisions about individuals, and assume all risks associated with such reliance.

12.7 Emotional and Psychological Impact. The AI is not designed to influence, manipulate, or alter users' emotional or psychological states. Users should not rely on the AI for critical life decisions, including legal, medical, employment, or other material decisions about individuals, or as a replacement for personal relationships. The AI does not validate or reinforce delusions, paranoia, or any harmful beliefs. Users are encouraged to consult with mental health professionals for any emotional or psychological issues. For disclaimers regarding reliance on Output or the AI for material, important or critical decisions, including legal, medical, employment, or other similar matters, see Section 12.3 above.

13. Safety & Ethics Protocols

LovingIs continuously improves and tests its systems for safety and fairness. AI-generated content may be logged for accountability. Language-sensing protocols are employed to detect high-risk content; in such cases, conversations may be paused and support options provided. In addition to the foregoing, the following uses of the Services are strictly prohibited: (a) biometric surveillance; (b) weapons development or use; (c) exploitation of minors; (d) any activity in violation of international sanctions or export control laws; (e) use for or for the benefit of sanctioned entities; (f) any activity in high-risk or regulated sectors without appropriate authorization; (g) any other use prohibited by LovingIs's Usage Policies, which may be updated from time to time and are incorporated by reference. Users are responsible for compliance with all applicable trade, export, and sanctions laws, and must not provide Input containing export-controlled data without appropriate government license. LovingIs does not permit generating or spreading hate, violence, harassment, or manipulative practices via its Services. Users are encouraged to report concerns or violations through designated channels. LovingIs reserves the right to suspend or terminate access for policy violations.

14. Liability Waiver, Assumption of Risk, and Release

14.1 Acknowledgment of Risks. You acknowledge that your use of the Services and any related activities may involve inherent risks, including but not limited to technology risks, data loss, and potential inaccuracies in AI-generated content. You voluntarily assume all known and unknown risks associated with your participation and use.

14.2 Waiver and Release. To the fullest extent permitted by law, you hereby waive, release, and discharge LovingIs, its affiliates, officers, directors, employees, agents, contractors, suppliers, licensors, insurers and distributors (collectively, the “Released Parties”) from any and all claims, demands, causes of action, damages, losses, costs, expenses, or liability arising out of or related to your access to or use of the Services, participation in any activities offered through the Services, or presence at any related facilities or events, whether arising from the negligence of the Released Parties or otherwise, except to the extent caused by the gross negligence, willful misconduct, or violation of law by a Released Party. These limitations apply only to the extent permitted by applicable law, and do not affect any statutory rights that cannot be waived, including rights related to consumer protection or personal injury. See also the Disclaimer of Warranties and Indemnification sections for additional limitations and risk allocation.

14.3 Indemnification. You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, demands, actions, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or third-party rights. This indemnification obligation is in addition to, and not in limitation of, the limitations of liability and disclaimers of warranty set forth in these Terms.

14.4 Equipment and Environment. You are solely responsible for ensuring that your equipment, devices, network, and environment are safe, properly configured, and suitable for the activities you undertake using the Services.

15. Limitation of Liability

To the fullest extent permitted by law, in no event shall the Released Parties be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenues, data, goodwill, or business opportunities, arising out of or related to these Terms or the Services, or any Output generated by the Services, including but not limited to use, inability to use, or reliance on such Output, whether based in contract, tort, or any other legal theory, even if advised of the possibility of such damages. The Released Parties’ aggregate liability for all claims arising out of or related to these Terms or the Services, or any Output, shall not exceed the greater of: (a) the amounts you paid to LovingIs for the Services in the twelve (12) months immediately preceding the event giving rise to the liability; or (b) five hundred dollars ($500.00). This limitation is aggregate and not per incident. Some jurisdictions do not allow limitations of liability for certain types of damages (including, for example, personal injury, consumer protection, or gross negligence), so these limitations apply only to the fullest extent permitted by law and do not affect statutory rights. Exceptions for gross negligence, willful misconduct, or violations of law are fully aligned with the waiver and indemnity provisions herein. The Released Parties are intended third-party beneficiaries of this limitation of liability clause and related disclaimers. For further risk allocation, see the Disclaimer of Warranties and Indemnity sections, which are incorporated by reference.

LovingIs is not liable for any emotional distress, psychological harm, or other damages resulting from interactions with the AI or from reliance on any Output generated by the Services, including third-party content. Users acknowledge and agree that the AI may generate content that is incorrect, incomplete, offensive, unexpected or unintended, and that such Output may not be accurate or complete. Users assume all risks associated with use or reliance on any Output and are solely responsible for independently validating all information before acting upon it. For disclaimers regarding reliance on Output or the AI for material, important or critical decisions, including legal, medical, employment, or other similar matters, see Section 12.3 above.

16. Suspension and Termination

LovingIs may suspend or terminate your access to the Services, in whole or in part, with or without notice (except that paid accounts will not be terminated for inactivity and users will be notified in advance of any such termination, unless due to fraud, misuse, or legal compliance), for any reason including violation of these Terms, fraud, misuse, legal compliance, or harm to other users. Upon termination, your license under Section 6.1 terminates and you must cease all use of the Services. Provisions that by their nature should survive termination shall continue in effect, including those related to ownership, indemnification, limitation of liability (including disclaimers of warranties and integration with indemnity provisions), dispute resolution,  DMCA/copyright, brand guidelines, assignment, export compliance, and governing law. 

17. Dispute Resolution; Arbitration; Class Action Waiver

17.1 Informal Resolution. Before initiating any formal proceeding, you agree to first contact LovingIs at hello@lovingis.ai and attempt to resolve the dispute informally.

17.2 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally shall be resolved by binding arbitration administered by American Arbitration Association (AAA) under its rules then in effect, including any applicable batch arbitration procedures for mass or similar claims. The arbitrator must be a licensed attorney with experience in technology and commercial contracts. Each party will be responsible for its own attorneys' fees and costs, except as otherwise provided by the AAA rules. The seat or legal place of arbitration shall be Cheyenne, Wyoming. The language of the arbitration shall be English. Judgment on the award may be entered in any court having jurisdiction. You and LovingIs expressly waive any right to a jury trial in any dispute, claim, or controversy arising out of or relating to these Terms or the Services.

17.3 Class Action Waiver. You and LovingIs agree that any proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this waiver is found unenforceable, that portion will be severed and the remainder of the arbitration agreement will remain in effect.

17.4 Opt-Out. You may opt out of arbitration and the class action waiver by sending written notice to [optout email] within 30 days of first accepting these Terms. Your opt-out notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of arbitration and the class action waiver.

17.5 Injunctive Relief. Notwithstanding the foregoing, either party may seek equitable relief in a court of competent jurisdiction for actual or threatened infringement, misappropriation, or violation of intellectual property or proprietary rights, including public injunctive relief as permitted by law.

17.6 Notice of Dispute. Any notice of dispute or intent to arbitrate must be sent to the contact address in Section 24. The party initiating arbitration must provide at least thirty (30) days' written notice in advance.

18. Governing Law and Venue

These Terms are governed by the laws of Wyoming, without regard to its conflict of laws principles. Subject to Section 17, the exclusive venue for any action arising out of or relating to these Terms shall be the state or federal courts located in Laramie County, Wyoming, and you consent to personal jurisdiction there.

19. Attorney's Fees

In the event of any legal action or proceeding arising out of or related to these Terms or the Services, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs from the non-prevailing party.

20. Export and Sanctions Compliance

You represent and warrant that you are not located in, under the control of, or a national or resident of any country or person subject to embargoes, sanctions, or similar restrictions, and you will not access or use the Services, directly or indirectly, in violation of applicable export control or sanctions laws. You further agree not to use the Services for any end use prohibited by applicable export control laws, including but not limited to the development, production, or use of weapons, military, or defense technologies. You will not upload, transfer, or provide any content or materials that are subject to export restrictions or require government authorization for export. You acknowledge that LovingIs may restrict access to the Services from certain countries, regions, or persons as required by law or regulation.

21. Electronic Communications and Consent to Do Business Electronically

By using the Services, you consent to receive communications from LovingIs electronically and to conduct transactions electronically. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

22. Mobile and App Terms

If you download or use any mobile applications, you agree to any applicable app store terms and acknowledge that LovingIs disclaims liability for any third-party app store services or content. You further agree that app store providers (including their affiliates, suppliers, licensors, and distributors) are intended third-party beneficiaries of all limitations of liability and disclaimers set forth in these Terms. LovingIs may provide updates or modifications automatically. Certain features may require access to device services; you consent to such access as reasonably necessary to provide the Services.

23. Beta Features and Trials

Any beta features, previews, or trial Services are provided “as is,” may be modified or discontinued at any time, and may be subject to additional terms. You acknowledge and agree that Ouput generated by beta features may be incorrect, incomplete, or offensive, and must not be relied upon for important decisions. You assume all risks associated with use, inability to use, or reliance on any Output, and are solely responsible for independently validating all outputs before use. LovingIs expressly disclaims any liability for losses arising from use, inability to use, or reliance on any output generated by beta features, and such limitations apply to the fullest extent permitted by law. Your feedback and Output may be used without restriction to improve the Services. You may opt out of having your input and Output used to train or improve AI models by following the process described in our Privacy Policy or by contacting support at info@lovingis.ai.  

24. Force Majeure

LovingIs shall not be liable for any delay or failure to perform due to events or circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor conditions, government actions, utility or telecommunications failures, or network or device failures.

25. Notices

Notices to you may be provided via the Services, email, or at the contact information in your account. Notices to LovingIs must be sent to: LovingIs, 2735 Hassert Blvd Suite #135-305, Naperville, IL 60564, USA, Attention: Legal or via email to info@lovingis.ai. Notices delivered electronically or by email are deemed given when sent; notices delivered by postal mail are deemed given when received.

26. Entire Agreement; Severability; Assignment; Waiver

These Terms, together with any incorporated policies, constitute the entire agreement between you and LovingIs regarding the Services and supersede prior or contemporaneous agreements on the subject matter. If any provision is held unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. You may not assign these Terms without LovingIs’s prior written consent; LovingIs may assign these Terms, in whole or in part, to any affiliate or successor, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all assets, without restriction. No waiver shall be effective unless in writing and signed by the waiving party.

27. California Consumer Notice

Under California Civil Code Section 1789.3, users in California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing.

28. Accessibility

LovingIs is committed to making the Services reasonably accessible to users with disabilities. If you experience any difficulty accessing content or features, please contact info@lovingis.ai for assistance.