Terms of Service
Last Updated: May 14, 2025
Welcome, and thank you for your interest in Spike Labs, Inc. d/b/a Luv.ai (”Luv.ai,”,”Luv”, “we,” or “us”) and our website at www.luv.ai, along with any related websites, hosted applications, mobile or other downloadable applications (including our iOS and Android apps), and other services provided by us (collectively, the “Service”). These Terms of Service constitute a legally‑binding contract between you and Luv.ai that governs your use of the Service.
PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICE, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS—INCLUDING LUV.AI’S PRIVACY POLICY—AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, OR ARE NOT ELIGIBLE TO USE THE SERVICE, YOU MAY NOT USE THE SERVICE.
ARBITRATION NOTICE. EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN SECTION 18 (DISPUTE RESOLUTION AND ARBITRATION), YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS YOU AND LUV.AI WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
1. you are at least 18 years old;
2. you have not previously been suspended or removed from the Service; and
3. your registration and use of the Service complies with all applicable laws and regulations. If you are accepting these Terms on behalf of an entity, you represent that you have authority to bind that entity and the term “you” will refer to such entity.
• Recurring technical problems prevent your effective use of the platform;
• Failure to receive Credits due to technical issues; or
Luv.ai may refuse refunds if: (a) you were removed for policy violations; (b) desired results were not achieved for reasons unrelated to platform faults; or (c) you simply changed your mind.
5.3 Payment Processing Payments may be processed by a third‑party payment processor (the “Payment Processor”). You may be required to provide your payment details to the Payment Processor.
5.4 Authorization You authorize Luv.ai to charge the payment method associated with your Account for all purchases and subscription fees, including applicable taxes. We may seek pre‑authorization of your payment method to verify sufficient funds or credit.
5.5 Subscription Service Some features are offered on a subscription basis with automatically recurring charges (a “Subscription Service”). Your first payment date is the “Subscription Billing Date.” The subscription will auto‑renew for successive periods equal to the initial term unless cancelled. Your Account will be charged on each renewal date for the next period’s fees and taxes. You must cancel before the renewal date to avoid further charges. Cancellation instructions are available in your Account settings or by emailing support@luv.ai.
5.6 Delinquent Accounts We may suspend or terminate access for unpaid accounts and charge collection fees or chargeback costs. If your payment method becomes invalid, we may delete your Account and associated User Content without liability.
6.1 Limited License Subject to your compliance with these Terms, Luv.ai grants you a personal, non‑commercial, non‑transferable, revocable license to (a) install and use one object‑code copy of any mobile app associated with the Service on a device you own or control; and (b) access and use the Service.
6.2 License Restrictions Except as lawfully permitted, you may not (a) reproduce, distribute, publicly display, or create derivative works of the Service; (b) modify the Service; or (c) interfere with security or access‑control features.
6.3 Feedback If you provide feedback or suggestions, you grant Luv.ai an unrestricted, irrevocable, royalty‑free license to use that feedback for any purpose without obligation to you.
7 Ownership; Proprietary Rights The Service and all materials it contains (”Materials”) are owned by Luv.ai or its licensors and are protected by intellectual‑property laws. User‑generated content is governed by Section 9. Nothing in these Terms grants you rights in the Materials except as expressly set forth.
8 Third‑Party Terms
8.1 Third‑Party Services and Linked Websites The Service may enable you to export information to, or interact with, third‑party services. Your use of third‑party services is at your own risk.
8.2 Third‑Party Software If the Service contains open‑source components, your rights under the applicable open‑source licenses are unaffected.
9 User Content
9.1 User Content Certain features of the Service may permit Users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, including reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, Generated Images, data, text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.
9.2 License to Luv.ai By posting User Content, you grant Luv.ai a worldwide, non‑exclusive, royalty‑free, sublicensable license to host, display, reproduce, modify for display, and distribute your User Content in connection with operating the Service.
9.3 You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content as set forth in these Terms. Luv.ai disclaims any and all liability in connection with User Content. You are solely responsible for (i) your User Content and the consequences of providing User Content via the Service, and (ii) all license terms related to User Content. By providing User Content via the Service, you affirm, represent, and warrant to us that:
(a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Luv.ai and Users in the manner contemplated by Luv.ai, the Service, and these Terms;
(b) your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Luv.ai to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
(c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
9.4 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other Users Post and will not be in any way responsible or liable for User Content. Luv.ai may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Luv.ai with respect to User Content.
9.5 Content Moderation. Luv.ai does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its Users. You acknowledge and agree that Luv.ai reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes and moderate all User Content on the Services, at its discretion. If at any time Luv.ai chooses to monitor or moderate the content, then Luv.ai still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below).
Moderators may flag content or Users at their reasonable discretion. If any User Content is flagged, our moderators will consider context and intent while enforcing these Terms and our policies. If notified by a User or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Luv.ai does not permit infringing activities on the Service. Luv.ai may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Service without any liability to the User who Posted such User Content to the Service or to any other Users.
The following User Content is expressly prohibited and may be flagged by or for our moderators:
Prohibited Content Includes (but is not limited to):
(a) Content involving real individuals or minors (under 18) in any sexualized context or context that insinuates, or portrays sexual intent, including but not limited to:
All stylized, anime, or cartoon content depicting children in inappropriate or sexualized situations. For a more detailed explanation, please review our safety center for guidelines on depicting the likeness of real people and depicting minors. "Loli", "Lolicon", "Shota", or "Shotacon" content. Photorealistic minors in any context.
(b) Illegal or violent activities, including: Depictions of incest, including sexual activity between immediate or close biological family members. Child abuse, exploitation, or endangerment. Rape, sexual violence, or domestic abuse. Depictions of human death, brutal violence, or graphic injuries. Bestiality.
(c) The following content depicting sexual activity or context that insinuates, or portrays sexual intent; Weapons aimed at or pointed toward individuals. Promotion or depiction of illegal substances or regulated products (e.g., narcotics, pharmaceuticals). Vomit.
(d) Content depicting sexual activity while in a mind-altered state, including; Being drunk, drugged, under hypnosis, or mind control.
(e) The depiction of the following bodily excretions and related content, regardless of context; Urine. Feces (scat, coprophagia, gaseous emission, object or lifeform being ejected from an anus, etc.) Menstruation. Smegma. Diapers.
(f) Self-harm, body image disorders, or promotion of dangerous behavior: Cutting, mutilation, or suicide themes. Depictions of anorexia, bulimia, or other disordered eating.
(g) Content that promotes hate, harm, or extremist ideologies, including: Hate speech or imagery targeting groups or individuals. Extremist propaganda or incitement to violence.
(h) Misleading or impersonated content: Falsely labeled content claiming to be from another creator. Impersonation of real individuals or creators. Bounties requesting likenesses of real people, living or deceased.
(i) Nudity-manipulating tools or AI workflows: AI workflows, models, or tools designed with the intention of removing clothing or otherwise "nudifying" real individuals.
Any content that violates one of the following terms above but has been self-censored using black bars, blurring, or other means may also be flagged or removed.
In addition to the categories of explicitly prohibited content above, certain types of content are subject to additional requirements to ensure community safety, legal compliance, and content authenticity.
9.7 Reporting and Appeals. You are encouraged to report any inappropriate User Content that violate these Terms or our published policies. Reports can be submitted through our standard reporting mechanism, and should include relevant information to assist in the investigation. We reserve the right to suspend or terminate the accounts of Users who are found to be repeatedly violating these Terms or our published policies. Users can request an explanation or appeal a moderation decision by submitting an appeal through our Appeal Form for further review.
(See our Safety Center for full guidance.)
10 Communications
10.1 Push Notifications By installing our mobile app, you consent to receive push notifications. You may disable them in your device settings.
10.2 Email We may send you Service‑related and promotional emails. You can opt out of marketing emails via the unsubscribe link.
11 Prohibited Conduct.
BY USING THE SERVICE, YOU AGREE NOT TO:
11.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;
11.2 harass, threaten, demean, embarrass, bully, or otherwise harm any other User;
11.3 violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
11.4 access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Luv.ai;
11.5 interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
11.6 interfere with the operation of the Service or any User’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another User; (iii) collecting personal information about another User or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
11.7 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission;
11.8 Creating or using multiple accounts for the primary purpose of accumulating Credits, manipulating statistics, or otherwise gaining an unfair advantage.
11.9 Using bots, scripts, or any form of automation to manipulate the system or statistics
11.10 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 7 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or
11.11 attempt to do any of the acts described in this Section 11 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 11 (Prohibited Conduct).
Intellectual Property Rights Protection
12.1 Respect of Third Party Rights. Luv.ai respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks Users to do the same. Infringing activity will not be tolerated on or through the Service.
12.2 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may complete our DMCA Report Form or contact our Designated Agent at the following address:
Spike Labs, Inc
Attn: Legal Department (IP Notification)
4845 Pearl East Cir Ste 118 PMB 522889
Boulder Colorado 80301-6112
United States
Email: dmca@luv.ai
12.3 Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(b) a description of the copyrighted work or other intellectual property right that you claim has been infringed;
(c) a description of the material that you claim is infringing and where it is located on the Service;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.
Your Notification of Claimed Infringement may be shared by Luv.ai with the User alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Luv.ai making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
13 Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing Users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service. Except as expressly permitted in this Section 13 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
14 Term, Termination, and Modification of the Service
14.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 14.2 (Termination).
14.2 Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Luv.ai may, at its sole discretion, terminate these Terms or your Account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your Account and these Terms at any time by following the instructions in your Account or contacting customer service at support@Luv.ai.
14.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your Account or the Service; (c) you must pay Luv.ai any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 6.3 (Feedback), 7 (Ownership; Proprietary Rights), 14.3 (Effect of Termination), 15 (Indemnity), 16 (Disclaimers; No Warranties by luv.ai), 17 (Limitation of Liability), 18 (Dispute Resolution and Arbitration), and 19 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your Account, you may lose access rights to any User Content you Posted to the Service. If your Account has been terminated for a breach of these Terms, then you are prohibited from creating a new Account on the Service using a different name, email address or other forms of Account verification.
14.4 Modification of the Service. Luv.ai reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Luv.ai will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.
15. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, including any third-party API integrations made available through the Service, and you will defend and indemnify Luv.ai, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Luv.ai Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service, including User Content of other Users; (2) your use of third-party API services accessible through the Service, including, without limitation, any claims or disputes arising from the performance, accuracy, or legality of such third-party services; (3) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (4) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (5) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
16. Disclaimers; No Warranties by Luv.Ai
16.1 THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. LUV.AI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. LUV.AI DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND LUV.AI DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
16.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR LUV.AI ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE LUV.AI ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
16.3 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 16 (DISCLAIMERS; NO WARRANTIES BY LUV.AI) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Luv.ai does not disclaim any warranty or other right that Luv.ai is prohibited from disclaiming under applicable law.
17. Limitation of Liability
17.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE LUV.AI ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, ANY MATERIALS OR CONTENT ON THE SERVICE, OR ANY THIRD-PARTY SERVICES OR APIs ACCESSED THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY LUV.AI ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
17.2 EXCEPT AS PROVIDED IN SECTIONS 18.5 (COMMENCING ARBITRATION) AND 18.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE LUV.AI ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE, ANY THIRD-PARTY SERVICES OR APIs ACCESSED THROUGH THE SERVICE, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO LUV.AI FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) US$100.
17.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18. Dispute Resolution and Arbitration
18.1 Generally. Except as described in Section 18.2 (Exceptions) and 18.3 (Opt-Out), you and Luv.ai agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LUV.AI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
18.2 Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
18.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 18 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Spike Labs, Inc., Attention: Legal Department – Arbitration Opt-Out, 4845 Pearl East Cir Ste 118 PMB 522889 Boulder, Colorado 80301-6112 United States, that specifies: your full legal name, the email address associated with your Account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Luv.ai receives your Opt-Out Notice, this Section 18 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 19.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
18.4 Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Luv.ai.
18.5 Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Luv.ai’s address for Notice is: Spike Labs, Inc. 4845 Pearl East Cir Ste 118 PMB 522889 Boulder Colorado 80301-6112 United States The Notice of Arbitration must: (a) identify the name or Account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Luv.ai may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Luv.ai will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.
18.6 Arbitration Proceedings. Any arbitration hearing will take place in New York, NY unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence/billing address. During the arbitration, the amount of any settlement offer made by you or Luv.ai must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
18.7 Arbitration Relief. Except as provided in Section 18.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Luv.AI before an arbitrator was selected, Luv.ai will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties , except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
18.8 No Class Actions. YOU AND LUV.AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Luv.ai agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
18.9 Modifications to this Arbitration Provision. If Luv.ai makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Luv.ai’s address for Notice of Arbitration, in which case your Account with Luv.ai will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
18.10 Enforceability. If Section 18.8 (No Class Actions) or the entirety of this Section 18 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Luv.ai receives an Opt-Out Notice from you, then the entirety of this Section 18 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 19.2 (Governing Law) will govern any action arising out of or related to these Terms.
19. Miscellaneous
19.1 General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Luv.ai regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
19.2 Governing Law. These Terms are governed by the laws of the State of New York without regard to conflict of law principles. You and Luv.ai submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York, New York for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in the United States, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
19.3 Privacy Policy. Please read the Luv.ai Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Luv.ai Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
19.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
19.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
19.6 Contact Information. The Service is offered by Spike Labs, Inc., located at 4845 Pearl East Cir Ste 118 PMB 522889 Boulder, Colorado 80301-6112 United States. You may contact us by sending correspondence to that address or by emailing us at support@luv.ai.
19.7 Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
19.8 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
19.9 International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
19.10 Notice Regarding Apple. This Section 19 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Luv.ai only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.