Definitions

In these General Terms of Use, the terms below are defined as follows:

• Application: refers to the mobile application " LOVALLY " downloadable for free via the Apple App Store, Google Play Store, as well as via the Web App available at https://lovally.com/ on iPhones using iOS version 18 or later or Android smartphones using version 14 or later.

• LOVALLY: refers to LOVALLY, a public limited company under Belgian law, registered in the Brussels register of legal entities (RPM) under number 1029.842.763, with its headquarters established at BE-1000 Brussels, avenue de Vilvoorde 100, owner and sole operator of the application and the brand “LOVALLY”.

• GTU: refers to these General Terms of Use.

• Member: refers to any person registered and using the Application.

• Account: refers to the personal space on the Application accessible by unique identification allowing the Member to use the Services.

• Services: refers to all free or paid features made available on the Application to facilitate virtual or real meetings between Members.

• (Sending a) Butterfly : refers to the action symbolized by sending a butterfly aimed at expressing a Member's interest in another Member.

• Match : refers to the event between two profiles, triggered by a Butterfly sent by each profile. It signifies mutual interest and allows for initiating a conversation.

• Chat : refers to the conversation between two Members who have had a Match and can engage in the “Discuss” action in the Application, sending each other written messages.

• Coins : refers to utility tokens (utility tokens) purchased by Members and used in the Application to unlock certain features, particularly to initiate a Chat with another Member with whom a Match has occurred.

• Refer a friend : refers to the feature allowing a Member to invite one or more friends to join the Application.

• Push : refers to notifications sent by the Application to the Member via their mobile device.

• Incognito Mode: refers to the feature available on the Application that allows the Member to browse discreetly on the platform, while their profile is only visible to profiles they have liked or interacted with, without appearing publicly in standard suggestions or search results.

• Proximity Contacts : refers to the feature available on the Application that allows the Member to become visible only within a specific perimeter.

• Profile Certification : refers to the strict process of double validation of new profiles at the time of Account creation to ensure that the person wishing to register on the Application is a real person and that the information they provide (notably regarding their age) corresponds to reality. This process aims to combat fake profiles, strengthen trust among Members, and improve security on the Application.

Article 1: Purpose and Scope

These GTUs define the main rules for using the Application and establish the rights and obligations that characterize the contractual relationship between LOVALLY and the Members.

1.1   Primacy of the GTU

In the event of contradiction or incompatibility with other additional documents such as the Privacy Policy[NM1] , the Cookie Use Charter[NM2] or the Code of Conduct[NM3] , these GTUs prevail.

1.2   Validity of the clauses

If one or more clauses of these GTUs are deemed invalid or unenforceable by the effect of a law, regulation, or court decision, the other clauses of the GTUs shall remain fully in force.

Article 2: Modification and Updating of the GTU

LOVALLY reserves the right to modify or update these GTUs at any time. Members will be informed of changes and updates by Push notification via the Application or by email. Continued use of the Services following modifications and updates is considered tacit acceptance by the Member of the modified or updated GTUs.

Article 3: Registration

3.1 Member's Rights upon Registration

When a user meets all the necessary conditions to become a Member, a personal Account is created for them on the Application. This account consists of the following elements:

• a profile form;

• a wallet containing the available Coins ;

• a messaging box;

• access to the discovery mode of the Application ;

• a “Push” option ;

• access to legal documents and support.

Each Member may only hold one unique Account.

3.2 Member's Obligations upon Registration

To register and use the Application, the Member must be at least 18 years old and guarantees that all information provided during registration is accurate and up-to-date.

Registration can be done as follows:

• email address : the Application does not automatically collect any information. The Member is therefore required to provide the necessary information themselves, such as their first name, birth date, gender, gender preferences, and the distance within which they wish to meet other Members, as well as uploading, upon registration, at least one (1) and a maximum of six (6) personal photos;

• Apple or Google Sign-In: Some information from the Member is automatically retrieved from their Apple or Google accounts. The Member remains responsible for verifying the accuracy and completeness of this information and ensuring that all necessary personal information is duly provided, namely their first name, birth date, gender, gender preferences, and the distance within which they wish to meet other Members. The Member is also required to provide, at the time of registration, at least one (1) and a maximum of six (6) personal photographs.

During registration on the Application, the identity and age of the new Member are subject to double verification: (1) by submission of a valid official identification document (passport, national ID card, residence permit, or driver's license); and
(2) by performing a facial scan allowing a biometric comparison with the provided ID. These verification operations are performed by the Yoti platform and lead to Profile Certification.

By registering, the Member also accepts these GTUs, the Code of Conduct[NM4] , the Disclaimer[NM5] , the Privacy Policy[NM6] and the Cookie Use Charter[NM7]  associated, and agrees to respect all obligations required of them by these various documents.

Article 4: Purpose of the Services Offered by the Application

LOVALLY is an application aimed at reconnecting people by fostering authentic, in-person meetings in a respectful, secure, and caring environment. LOVALLY's mission is to facilitate sincere and quality meetings by supporting human relationships based on proximity and authenticity. To this end, LOVALLY allows the Member to meet, via the Application, people nearby who might interest them.

The Application automatically suggests profiles to the Member based on their location, personal preferences, characteristics, and activity within the Application. The Member can modify the criteria on which these meeting suggestions are based, by adjusting their gender preferences and the distance of profiles they wish to meet. The information provided by the Member on their profile thus influences the meeting suggestions they receive from the Application.

Each Member is free to communicate and establish relationships with other Members, provided they comply with these GTUs, the Code of Conduct[NM8] of LOVALLY and the applicable legislation.

The Member is aware and acknowledges that the Services offered by LOVALLY do not in any way constitute counseling or marriage brokerage activities. Their sole purpose is to facilitate real meetings between Members sharing common interests, based on their preferences and location.

Article 5: Paid or Free Nature of the Services Offered by the Application

5.1 Principle – Free Services

Subject to point 5.2 below, the Services accessible via the Application are provided free of charge to the Member (excluding connection and telecommunications charges).

5.2 Exception – Chat

The only paid Service offered on the Application is the Chat service. This requires the use of one (1) Coin per conversation, exclusively at the expense of the Member initiating the conversation following a Match.

Once the conversation is initiated, both Members can freely exchange an unlimited number of Messages, with no additional Coin required.

If the recipient Member of the initial message does not respond within [forty-eight (48) hours] from the sending of the first Message, the Coin used to initiate the Chat is automatically refunded to the Member who initiated the conversation, without any action required on their part.[NM9] 

Article 6: The Coins

6.1 Characteristics of the Coins

Coins are utility tokens (utility tokens) allowing Members to access certain functionalities of the Application, particularly the initiation of a Chat following a Match.

Coins have a strictly functional purpose. They are neither a currency, nor electronic money, nor a crypto asset, do not represent any monetary or patrimonial value, and are strictly personal, non-transferable[NM10] , non-convertible, and non-refundable. They can only be used within the Application, as part of a centralized computing system owned by LOVALLY.

6.2 Purchase of Coins

Coins can be purchased individually at a price of 0.99 EUR, or in packs, namely a pack of six (6) Coins at the price of 4.99 EUR and a pack of thirteen (13) Coins at the price of 9.99 EUR.

Payment is processed and managed directly by the Apple App Store or Google Play Store                    (In-App Purchase), depending on the device used by the Member. LOVALLY has no control over the payment process, currency exchange, fund transfers, or any potential fees associated with these transactions. Consequently, only the App Store (Apple) and Play Store (Google) platforms are responsible for the terms and conditions of payment, and LOVALLY cannot proceed with any refunds related to these purchases.

Any request or claim regarding payment must be directly addressed to the platform used.

LOVALLY does not collect or process any banking data. Members' bank details are directly collected and processed by Apple or Google, outside of LOVALLY's control.[NM11] 

6.3 Right of Withdrawal

As specified in Article 6.2 of these GTUs, payments are fully processed and managed by the Apple App Store or Google Play Store. LOVALLY does not intervene at any stage in the payment processing or in the refund operations.

Consequently, when the right of withdrawal is applicable, it must be exercised exclusively with the relevant platform, and not with LOVALLY.

When a Member wishes to exercise their right of withdrawal, it is their responsibility to notify the Apple App Store or the Google Play Store, depending on the type of device used at the time of purchase, in accordance with the specific terms of each of these platforms :

·       for purchases made via the Google Play Store : the Member is invited to follow the instructions on the dedicated Google Play page to learn about the conditions and terms for exercising the right of withdrawal, as well as the applicable form model: https://support.google.com/googleplay/answer/2479637;

·        for purchases made via the Apple App Store : The terms and conditions for exercising the right of withdrawal, as well as the applicable form model, are available at the following address: https://www.apple.com/legal/internet-services/itunes/fr/terms.html

The Member is in any case informed that, in accordance with Article VI.53, 13°, of the Belgian Code of Economic Law, the right of withdrawal may be excluded for digital content provided immediately after purchase when the Member expressly consents to the immediate execution of the contract and acknowledges the loss of their right of withdrawal.

6.4 Bonus Coins Awarded for Using the “Refer a friend” Feature

Each Member who uses the “Refer a friend” feature to invite, via the Application, one or more people from their surroundings to register receives, each time the use of this feature results in an actual registration on the Application, a bonus consisting of the granting of one (1) Coin to their benefit for each new registration.

For the purposes of this article, an actual registration is understood as the creation of an Account by the referred person, the provision of the required information during registration, and the validation of the Account in accordance with the Profile Certification procedure.

The referred person who has joined the Application also benefits from a welcome bonus consisting of the granting of one (1) Coin to their benefit.

The granting of these bonuses is subject to the fair use of the feature                                                           “Refer a friend”. Any attempt at abuse or any other maneuver aimed at unduly obtaining Coins leads to the deletion of the unduly obtained bonuses and may result in the suspension or termination of the concerned Account(s), without prejudice to any other right or remedy of LOVALLY.

6.5 Validity of Coins

The Coins purchased by the Member and/or offered by LOVALLY are valid for as long as the Member's Account is active, in accordance with these GTUs.

Coins are cumulative. The number of Coins purchased and/or offered adds to the Coins already recorded in the Member's Account.

6.6 The fate of Coins upon Account closure 

In the event of deactivation or deletion of the Account initiated by the Member, no reimbursement will be made for any unused Coins in their wallet.

Similarly, if the Account is terminated by LOVALLY due to a violation of these GTUs or a legal provision attributable to the Member, no reimbursement will be due.

More generally, the closure of the Account, for any reason, does not entitle the Member to any reimbursement, including when Coins remain available in the Member's wallet at the time of said closure, without prejudice to applicable mandatory legal provisions, particularly in the event of breach of contract with the Member attributable to LOVALLY.

The closure of the Account results, by operation of law, in the permanent deletion of the Coins recorded in the Member's Account as of the date of such closure, without any compensation of any kind. A later re-registration of the Member will in no case allow them to recover the Coins thus lost.

Article 7: Obligations and Responsibilities of LOVALLY

7.1 Account Security

LOVALLY is obliged to provide the infrastructure and technical means required for providing a quality service to Members equipped with an iPhone running iOS 18 or later or an Android smartphone using version 14 or later.

However, LOVALLY cannot be held responsible for malfunctions of the Member's device or compatibility issues between the Application and the Member's device.

Furthermore, even if all measures are taken to minimize the risk of unauthorized access to the LOVALLY system, it remains impossible to guarantee absolute security of said system.

LOVALLY is not responsible for outages, interruptions, or malfunctions of the Application, attributable to the Member’s Internet service provider, or any other cause external to LOVALLY that may interrupt or damage the Member's access to the Application and/or Services.

LOVALLY also draws the Member's attention to the exceptional risk of receiving unwanted Messages or fraudulent notifications allegedly from LOVALLY. The Member must be attentive and vigilant so as not to fall victim to fraud and immediately inform LOVALLY, if applicable, by sending a letter or an email to the address provided in Article 14 of these GTUs. 

7.2 Illegal Behavior

LOVALLY and its partners cannot in any case be held responsible, in any capacity, for illegal actions subject to civil or criminal penalties committed by Members, including but not limited to:

·       all types of fraud and scams ;

·       all types of harassment ;

·       voyeurism and non-consensual dissemination of sexual images and recordings or child pornography;

·       the corruption of youth and prostitution ;

       all types of public outrages against public morals ;

       all types of identity theft ;

       infringement of all intellectual property rights of others ;

       infringement of personality rights, such as the right to one's image, the right to honor and reputation, and the right to respect for private life ;

       any commercial or professional activities.

Such behaviors may also lead to the suspension or termination of the concerned Member's Account, in accordance with Article 12.4 of these GTUs.

7.3 Reporting Mechanism and Community Moderation

LOVALLY, as a host, is not subject to any general obligation to monitor the content transmitted or hosted via the Application under Article 8 of Regulation (EU) 2022/2065 of October 19, 2022, on digital services (DSA).

However, in accordance with Article 16 of the DSA, LOVALLY provides Members within the Application, with a tool to report any illegal content that may be present.[NM12] 

In this case, after verification by customer service, LOVALLY commits to promptly remove the illegal content.

When content published by a Member is reported, the Member who published such content may have their Account suspended and terminated, as per the conditions provided in Article 12.4 of these GTUs, based on the evidence provided by the reporter to ensure the removal of the disputed content in accordance with LOVALLY's legal obligations provided, in particular, by the DSA.

The Member whose reported published content constitutes a violation will not be informed of the identity of the reporting Member, unless requested through legal means (court order, requisition from the public prosecutor, etc.) or manifest abuse.

In case of publication of illegal content, the targeted or victim Member is also invited to contact the competent (judicial) authorities. Indeed, the reporting mechanism established by LOVALLY does not replace a potential complaint and judicial procedure against the Member who originated the reported disputed content.

Any abuse of the reporting procedure (manifestly unfounded report made in bad faith) will be considered a violation of these GTUs and may in turn lead to the suspension and termination of the Member’s Account who committed such abuse, in accordance with Article 12.4 of the GTUs.

Outside of the above-mentioned reporting mechanism, the Application also offers Members the opportunity to block another Member whose behavior does not respect the rules of mutual respect and decency. Blocking prevents any communication between the concerned Members, which notably includes the mutual impossibility of sending Butterflies, accessing previous Matches and Chats, as well as initiating new ones in the future. This action is strictly confidential and aims to give Members a means of individual control over the people with whom they wish to maintain, or not, contact within the Application.[NM13] 

7.4 Rules of Caution

The Member is solely responsible for verifying the identity of other Members met through the Application and with whom they might communicate or arrange a meeting in real life. LOVALLY cannot in any case be held responsible for the occurrence of any incident, of any nature, occurring during such communications or meetings.

In this regard, although LOVALLY implements the best reasonably available means to guarantee the authenticity of Accounts created on the Application and the truthfulness and accuracy of the information collected during registration, the risk related to the existence of fake Accounts or fake profiles, or the publication of inaccurate or false information by other Members, can never be entirely excluded. It is therefore up to the Member, as with any digital interaction, to exercise caution and vigilance. LOVALLY cannot in any case be held responsible for any damage, of any nature, resulting from the existence of such fake Accounts or profiles or from the dissemination of inaccurate or false information published by other Members.

7.5 Collective Gatherings

Any use of the Application for the purpose of organizing a collective meeting of its Members constitutes a diversion of the Services. It is therefore strictly prohibited to plan or organize public gatherings using the Application. If such a collective gathering of Members were to occur, LOVALLY's responsibility cannot be engaged in case of disturbances to public order or any other damage resulting from such gatherings.

7.6 AI Systems

LOVALLY uses artificial intelligence (AI) systems in the operation of the Application and the provision of Services, particularly for the following purposes:

·       detection of illegal content on the Application;

·       generating profile recommendations.

LOVALLY makes no specific guarantees regarding the results produced by these AI systems, beyond the guarantees and obligations resulting from the mandatory provisions applicable to it.

7.7 Limitation of LOVALLY's Liability (liability cap)

LOVALLY can only be held liable to a Member for direct, personal, certain, and foreseeable damages resulting from a failure attributable to it in the operation of the Application and the provision of Services.

LOVALLY shall in no case be liable for indirect or unforeseeable economic or non-economic damages, such as data loss, loss of revenue, or harm to reputation.

Subject to mandatory legal provisions, and particularly in case of fraud or intentional fault, LOVALLY's total liability to a Member, for all causes combined, is limited to a maximum amount of five hundred euros (500 EUR).

Any potential liability of LOVALLY towards a Member is governed exclusively by these GTUs, which constitute the sole contractual basis for such liability, excluding any other legal basis, including tort liability.

Members acknowledge that the provision of Services involves the intervention of external subcontractors and technical partners to LOVALLY. Except in cases of fraud or intentional fault, these subcontractors may not be held personally liable to the Members for damages resulting from the use of the Application or the Services.

No provision of these GTUs aims to limit or exclude LOVALLY's liability in cases where such limitation or exclusion would be prohibited by a mandatory provision of Belgian or European law.

The Member finally acknowledges having been informed of the Disclaimer[NM14] , which transparently describes the risks inherent in using the Application and in interactions among Members.

Article 8: Members' Obligations

To benefit from the Services, Members strictly respect these GTUs and the Code of Conduct[NM15]  which they acknowledge and commit to respect at the time of their registration on the Application.

Members are also subject to the following obligations :

8.1 Obligations of Loyalty and Honesty Upon Registration

Each Member may only have one Account. Any additional Account will be deleted, in accordance with Article 12.4 of the GTUs.

To register on the Application and create an Account, it is necessary to fulfill the following conditions:

·       be of legal age according to Belgian law (18 years old); 

·       provide sincere and truthful information. The Member must communicate their first name, birth date, and gender as they appear on their official identification documents. This information is subject to dual validation by the Yoti platform and leads to Profile Certification. In case of errors, the Member must immediately correct them on their Account. The Member also commits to providing a valid email address[NM16] ;

·       keep the information on their Account up to date, subject to the possibility they have to replace their first name with a nickname in the Application [NM17] ;

·       have read and accepted these GTUs, the Code of Conduct[NM18] , the Privacy Policy[NM19] and the Cookie Use Charter[NM20] of LOVALLY.

In the event of suspicion or reporting of identity theft or fictitious or erroneous information, LOVALLY will conduct an investigation as quickly as possible and may correct the reported information without distorting the Member's profile.

During this investigation, LOVALLY may suspend access to the Account and request official identification from the suspected Member.

If the Member does not provide the required justification or in the event of proven violations of these GTUs and/or the Code of Conduct, LOVALLY may terminate the Member's Account according to the conditions provided in Article 12.4 of the GTUs.

8.2 Obligations During Use of the Application

In addition to the Code of Conduct[NM21] , Members commit to respecting at all times the following obligations in the context of their use of the Application:

8.2.1 Strictly Personal Use

The Application is intended for strictly personal use. Any use for commercial, promotional, electoral, recruitment, or similar purposes is strictly prohibited. Sending messages of a commercial nature (prospecting, newsletters, direct or indirect advertising) via the Application is prohibited.

8.2.2 Sincerity of Information

Members commit to providing accurate, honest, sincere, and regularly updated information. They also commit to publishing clear, recent, and identifiable profile photographs, allowing their recognition without ambiguity, excluding any representation of third parties or any foreign element. LOVALLY reserves the right to remove, at any time, any non-compliant content.

8.2.3 Respect for Privacy and Confidentiality

Members are prohibited from publishing or disclosing any confidential or sensitive information concerning third parties or other Members. They also commit to preserving the confidentiality of their login credentials, not communicating them to third parties, and respecting the confidentiality of exchanges made with other Members through the Application.

8.2.4 Prohibited Content

It is strictly prohibited to publish, transmit, or share any content:

• of a (pedo)pornographic nature or harmful to human dignity, physical integrity, or sexual integrity;

• defamatory, injurious, racist, sexist, homophobic, xenophobic, or discriminatory of any kind;

• constituting harassment or related behavior;

• inciting violence, racial hatred, terrorism, or glorifying crimes against humanity;

• more generally, offensive, explicit, illegal, dangerous, denigrating, or degrading.

8.2.5 Respect for Others' Rights

Each Member commits to respecting the rights of other Members and of any third parties, including but not limited to privacy, intellectual property rights, and personality rights.

8.2.6 Behavior on the Application

The Member must show respect towards other Members. Any disturbances to public order, inappropriate comments, or behaviors contrary to the rules of mutual respect and decency are strictly prohibited.

8.2.7 Use of Messaging

Messaging may in no case be used for gambling or lottery purposes, for promotional purposes, notably to promote illegal services or unauthorized third-party services, or in an attempt to circumvent or compromise the security systems of the Application.

Any abusive, fraudulent, or diverted use of messaging is strictly prohibited.

8.2.8 Application Security

Members are prohibited from disrupting, in any way, the operation of the Services, altering access, or compromising technical integrity. It is notably forbidden to modify, copy, assemble, decompile or, more generally, attempt to access the source codes, algorithms, or any software component of the Application, particularly for reverse engineering purposes. The use of bots, AI systems, or any other automated tools or not, other than those made available by LOVALLY within the Application, is strictly prohibited during the use of the Services.

8.2.9 Prohibited Activities

Members commit not to use the Application for professional or commercial purposes, particularly to offer escort services or similar services. Any promotion of products or services, whether competing or not with those offered by LOVALLY, is strictly prohibited. The same applies to any form of solicitation, solicitation, or prospecting of other Members for commercial purposes. It is also prohibited to use the Application to organize, promote, or facilitate gatherings, events, or manifestations of any nature.

Lovally, developed by Lovally SA, strictly prohibits any form of Child Sexual Abuse and Exploitation (CSAE).

We enforce a zero-tolerance policy regarding:

• Creation, distribution, or promotion of child sexual abuse material

• Grooming or inappropriate contact with minors

• Any attempt to exploit children through the platform

  
  

Users may report suspicious activity at:

hello@lovally.com

We cooperate fully with law enforcement and child protection authorities where required. 

8.2.10 Sanctions

In case of a Member's breach of the obligations imposed on them, LOVALLY can suspend and terminate their Account, in accordance with Article 12.4 of these GTUs, and take any other appropriate action.

8.3 Members' Responsibilities

Each Member is solely responsible for their actions and the data and content they publish and communicate through the Application.

The Member guarantees LOVALLY against any ruling for principals, interests, and costs that may be pronounced against them, arising from the transgression of the law, these GTUs, or the Code of Conduct[NM22] by the Member. 

The Member can furthermore report illegal content, violating laws and regulations, or these GTUs using the reporting tool provided by the Application in accordance with Article 7.3 of these GTUs.

8.4 Photos

All photos of a (pedo)pornographic nature, exhibitionist, or harmful to modesty are strictly prohibited. Also generally prohibited are all photos contrary to public order, morals, or good customs.

The publication of such content constitutes a serious breach on the part of the concerned Member and is likely to lead to immediate suspension and termination of the Account, under the conditions provided in Article 12.4 of these GTUs, without prejudice to any other sanction or prosecution, including judicial, that may be initiated.

8.5 Real Meetings Between Members

Members may, if they wish, organize real-life meetings with other Members via the Application. However, it is reminded that such meetings occur under the full and exclusive responsibility of the Members concerned.

Each Member remains solely responsible for verifying the identity of the persons with whom they plan a real-life meeting. LOVALLY does not intervene in any way in the organization, conduct, or aftermath of such meetings, which take place outside any control of LOVALLY.

Consequently, LOVALLY's liability cannot be engaged for any fact, act, damage, or incident, that occurs during or subsequent to a physical meeting between Members or former Members, including when such meeting was initiated using the Application.

Furthermore, Members are expressly recommended not to communicate sensitive personal information, such as their phone number, home address, last name, or any other element not visible on their profile, to other Members with whom they exchange via the Application.

LOVALLY also recommends that any physical meeting be organized in a public, frequented, and safe place, and that the Member inform a trusted third party about said meeting in advance. Sharing additional personal information should only occur after a reasonable period and in a trust-established environment.

8.6 Account Management

The Member commits to regularly check the messaging and notifications of the Application, through which LOVALLY may transmit information related to the Services, including any modification, update, or evolution of said Services.

This information may also be sent by email, to the address provided by the Member during their registration.[NM23] 

Access to the Services via the Member's Account is done using a strictly confidential username and password, the preservation and confidentiality of which are the sole responsibility of the Member.

The Member commits to taking all necessary measures to prevent any unauthorized access to their Account. They are fully responsible for any use that may be made of their credentials, including actions, statements, communications, or operations performed from their Account, whether or not they are the author.

In this respect, the Member guarantees LOVALLY against any claim or action from third parties, related to unauthorized or fraudulent use of their Account.

8.7 Equipment

All hardware and software necessary for accessing the Services as well as all related costs, particularly connection, telecommunication, or Internet access costs, are the sole responsibility of the Member.

The Member remains solely responsible for the proper functioning, security, and compatibility of their equipment with the Application and the Services offered.

Article 9: Push Notifications

The Member may receive, via the Application, Push notifications sent by LOVALLY to be informed of important events relating to their Account and the Services. The Member can, at any time and from their Account settings, allow or disable the reception of these Push notifications. 

The Member acknowledges that LOVALLY is free to display, in the framework of contract execution and through the Application, advertising and/or promotional messages from advertisers or third-party partners. These advertising or promotional contents will be clearly identified as such, notably by the mention “sponsored”, accompanied by the identification of the concerned advertiser.

Article 10: Protection of Personal Data

LOVALLY places great importance on respect for privacy and the protection of its Members' personal data, and therefore commits to processing Members' data in accordance with its Privacy Policy[NM24] and its Cookie Use Charter[NM25] .

Article 11 : Intellectual Property

11.1 Rights to the “LOVALLY” Brand

The “LOVALLY” brand is the exclusive property of LOVALLY, which holds all the rights. This brand has been the subject of registrations as a verbal trademark in the Benelux, within the European Union and internationally, including in the United Kingdom and the United States.

Any reproduction, use, application, removal, or total or partial modification of the “LOVALLY” brand, by any means and on any medium, is strictly prohibited without the prior, express, and written authorization of its owner. Such acts may lead to civil and/or criminal prosecution.

11.2 Copyright

The original content disseminated via the Application (software, animations, texts, photos, videos, graphic elements, user interface architecture, etc.) is protected under copyright and constitutes the exclusive property of LOVALLY.

Any reproduction, representation, dissemination, or exploitation, in whole or in part, of these contents, whatever the mode or medium, is prohibited without the prior, express, and written agreement of LOVALLY, and may constitute a copyright violation subject to civil and/or criminal sanctions.

11.3 License to Use

The usage rights granted by LOVALLY to the Member on the Application are strictly limited to personal and private use thereof. Any other form of use of the Application is prohibited without prior written authorization from LOVALLY. The Member also risks sanctions should they attempt or succeed in granting licenses, sublicenses, assigning, transferring, distributing, or commercially exploiting the Services or the Application, in any manner, without prior written authorization from LOVALLY.

By publishing content, particularly texts, images, or videos, via the Application, the Member grants LOVALLY, as well as its subcontractors and partners involved in the provision of the Services, a free, non-exclusive, worldwide license valid for the duration of protection of the concerned rights, covering the rights of use, reproduction, representation, adaptation, modification, and translation of this content. This license also includes the Member's personality rights, such as their name, image, and voice, notably to promote their communication and interactions with other Members, as well as within the framework of the profile recommendation service, including by sending tailored selections to the Member via the Application.

The Member remains the owner of the content and data they provide via the Application. However, they guarantee LOVALLY against any claim, action, or ruling, concerning principals, interests, and costs, which would result from an infringement of the intellectual property rights or personality rights of third parties due to the content they have published.

11.4 Infringement, Unfair Competition, and Parasitism

Members are strictly prohibited from reproducing, imitating, or diverting the LOVALLY Application, in whole or in part, whatever the method or purpose.

Any act of economic parasitism, disparagement, illicit imitation, as well as any other practice constituting unfair competition is also prohibited.

In case of violation of these provisions, LOVALLY reserves the right to take any appropriate legal action against the infringer, notably in order to obtain full compensation for the damage suffered, without prejudice to any other measure provided by these GTUs.

Article 12: Termination of the Contractual Relationship

12.1 Deactivation of the Account by the Member

The Member has the option to deactivate their Account at any time, without charge and without any particular formalities, directly from the Application, if they no longer wish to appear there.[NM26] 

From the moment of this deactivation, the Member's profile will no longer be visible to other Members.

After deactivation of the Account, the Member's data will be retained in accordance with the Privacy Policy[NM27] .

[EVENTUALLY: If the Account is reactivated within [X] following the deactivation, the data retained will become available again and the profile will again be visible on the Application.]

12.2 Uninstallation of the Application by the Member

The Member can uninstall the Application from their mobile device at any time and without any particular formalities.

This operation prevents access to the functionalities of the Application, unless subsequently reinstalled. Uninstalling the Application from the device does not automatically delete the Account, so it is advisable for the Member who wishes to cease using the Services to first delete their Account.

After the uninstallation of the Application and unless the Account has been deleted beforehand, the Member's data will be retained in accordance with the Privacy Policy[NM28] .

[EVENTUALLY: In case of reinstallation of the Application within [X] after its uninstallation, provided it has not been deleted, the Member's Account will be reactivated.]

12.3 Permanent Deletion of the Account by the Member

The Member can permanently close their Account at any time, without charge and without any particular formalities, either from the Application interface (Settings section > My Data > Delete My Account), or by sending a request in writing or by email to LOVALLY at the contact details mentioned in Article 13.[NM29] 

This deletion has the following consequences:

·       The profile will immediately become invisible to other Members;

·       The data will be irreversibly deleted in accordance with the Privacy Policy[NM30] ;

·       Options or services associated with the Account will be permanently lost ;

·       The deleted Account cannot be reactivated ; a new registration will be necessary to access the Application and the Services again.

12.4 Suspension and Termination of the Account at LOVALLY's Initiative

12.4.1 Suspension of the Account

In case of a breach by a Member of these GTUs or the Code of Conduct[NM31] , their Account may be suspended at any time and after prior warning, on a provisional basis for a reasonable time, then terminated automatically by LOVALLY.

Similarly, LOVALLY may suspend a Member's Account for the duration necessary for verifications carried out by LOVALLY's customer service following a report in accordance with Article 7.3 of the GTUs or in case of a suspected breach of these GTUs or the Code of Conduct[NM32] likely to be remedied.

When deciding to suspend an Account, LOVALLY takes into account the severity of the breaches attributed to the Member and their repeated or isolated nature. For example, in the case of suspension due to the abusive use of the Services – particularly because of the repeated provision of illegal content or the introduction of frequent and manifestly unfounded notifications or claims – LOVALLY will notably consider the following criteria:

·       the volume of illegal content provided and/or clearly unfounded notifications or claims;

       the proportion of these contents, notifications, or claims compared to the total number of elements provided or notifications submitted by the Member ;

       the severity of the abusive uses observed, taking into account their nature and consequences;

       the Member's intent, when it can reasonably be established.

The Member whose Account has been suspended is invited to contact LOVALLY's customer service in writing to learn the reasons for the suspension, express their observations and, if necessary, provide evidence that the breaches have been corrected.

12.4.2 Termination of the Account

If the Member does not respond in writing within thirty (30) days of LOVALLY notifying them of the decision to suspend their Account or in the absence of sufficient supporting evidence and/or regularization of the disputed breach, LOVALLY may proceed to terminate the Account.

Any decision to terminate the Account is motivated and notified in writing to the Member.

In case of termination of the Account, the following consequences apply:

·           the Member's profile is rendered invisible on the Application;

·           all items attached to the Account, including available Coins, are permanently lost, without compensation;

·           access to the Application is prohibited for the concerned Member for a maximum duration of twenty-four (24) months from the notification of the termination decision.

12.5 Deletion of Inactive Accounts

LOVALLY proceeds to delete inactive Accounts, as defined below.

An Account is considered inactive when, for a continuous period of [X], the following two cumulative criteria are met:

•             the Member's Application has established no contact with LOVALLY's servers, notably due to the deactivation of geolocation or lack of connection; and

•             the Member has made no use of the Application.

The Member is informed in writing of the impending deletion of their Account with a notice period of ten (10) days.

The Member may, at any time during this notice period, reactivate their Account, which will immediately suspend the deletion procedure. In this case, the entire content of the Member's profile is preserved.

At the end of the notice period and in the absence of action on the part of the Member, the Account is automatically deleted by LOVALLY.

The deletion of the Account entails the following consequences:

·       the Member's profile is rendered invisible on the Application;

·       the Member's personal data are deleted in accordance with the Privacy Policy[NM33] ;

·       all items attached to the Account, including available Coins, are permanently lost, without compensation;

·       The Member cannot reactivate or request the reactivation of their old Account after deletion.

Article 13: Contact with LOVALLY

Members may contact LOVALLY by postal mail at the address BE-1332 Rixensart, rue du Tilleul 68, or by email (info@lovally.com).

Article 14 : Point of Contact in accordance with the DSA

In accordance with Articles 11 and 12 of Regulation (EU) 2022/2065 of October 19, 2022, related to digital services (DSA), LOVALLY makes available a single point of contact intended to allow direct, rapid, and effective communication regarding the application of the DSA, both with the competent authorities and with the Members.

This point of contact is accessible electronically at the following address: dsa@lovally.com.

Communications from the competent state authorities, the European Commission, and digital services coordinators may be made in French or English.

Members may, for their part, use this point of contact for any questions or notifications related to the application of the DSA in connection with their use of the Application.

Article 15: Confidentiality

The parties commit to mutual confidentiality regarding any dispute relating to these GTUs or their execution.

In this respect, they agree to prioritize, prior to any judicial or extrajudicial action, an attempt at amicable resolution conducted in a strictly confidential framework.

Article 16: Applicable Law and Dispute Resolution

These GTUs and, generally, the contractual relationship between LOVALLY and a Member are governed by Belgian substantive law, to the exclusion of any conflict of laws rules. 

In case of a dispute, the Member commits prior to any other judicial or extrajudicial step, to contact LOVALLY in writing to attempt to resolve the dispute amicably.

If unsuccessful, the Member is informed that they can rely on a free mediation procedure and, if applicable, file a complaint with the Consumer Mediation Service – Consumentenombudsdienst : https://mediationconsommateur.be/.

Moreover, any contestation or any dispute related to the formation, interpretation, or execution of these GTUs, or in relation to them, shall fall under the exclusive jurisdiction of the courts of the judicial district of Brussels (Belgium), ruling in the French language.