Terms of Service
Contents
- Acceptance of these terms
- Who we are & what the Service is
- Eligibility
- Your account
- Information about gift recipients
- Orders, pricing & payment
- Fulfillment, delivery & third-party merchants
- Changes, cancellations & refunds
- Acceptable use
- Your content
- Our intellectual property
- Third-party services & links
- App store terms
- Disclaimers
- Limitation of liability
- Indemnification
- Suspension & termination
- Governing law & disputes
- Changes to these terms
- Contact us
Welcome to Loved Ones. These Terms of Service (“Terms”) are a legal agreement between you and Loved Ones (“Loved Ones,” “we,” “us,” or “our”) and govern your access to and use of the Loved Ones mobile application, the website at lovedonesapp.com, and related services (together, the “Service”). Please read them carefully.
1. Acceptance of these terms
By creating an account, placing an order, or otherwise using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.
2. Who we are & what the Service is
Loved Onesis a concierge gift-giving service. You tell us about the people you care about and the occasions that matter to them; the Service helps you keep track of those occasions and choose a thoughtful gift, and we arrange for the gift to be prepared and delivered. Some gifts are fulfilled by us or our fulfillment partners; others are completed on a partner merchant's own website or platform. Reminders, suggestions, and curation are provided to assist you — you remain responsible for reviewing and confirming each order.
3. Eligibility
You must be at least 18 years old (or the age of majority where you live) and able to form a binding contract to use the Service. By using the Service, you represent that you meet these requirements and that the information you provide is accurate and current.
4. Your account
You may need an account to use parts of the Service. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Notify us promptly at support@lovedonesapp.com if you believe your account has been compromised. You may delete your account at any time from within the app (Profile → Settings → Delete Account) or by emailing us.
5. Information about gift recipients
To use the Service, you may provide us with information about other people — for example, a loved one's name, important dates, interests, or delivery address. You represent and warrant that you have the right to share that information with us for the purpose of using the Service and arranging gifts, and that doing so does not violate any law or any other person's rights. You are responsible for the accuracy of recipient information, including delivery addresses; we are not responsible for failed or misdirected deliveries caused by inaccurate information you provide.
6. Orders, pricing & payment
- Placing an order. When you place an order through the Service, you are making an offer to purchase the selected gift and any related services (such as delivery) at the prices shown. We may accept or decline any order, and we may cancel an order if we suspect fraud, an error in pricing or availability, or a violation of these Terms.
- Prices & taxes. Prices are shown in U.S. dollars unless stated otherwise and may change at any time before you place an order. You are responsible for any applicable taxes, shipping, and handling charges, which will be shown before you confirm.
- Payment. Payments are processed by our third-party payment processor (currently Stripe). By submitting payment information, you authorize us and our processor to charge your selected payment method for the total shown. You represent that you are authorized to use that payment method.
- Errors. If a gift is listed at an incorrect price or with incorrect information due to an error, we may cancel the order even after it is placed and will refund any amount charged.
7. Fulfillment, delivery & third-party merchants
Delivery dates and windows are estimates, not guarantees, and may be affected by the fulfillment partner, carrier, weather, and other factors outside our control. Some gifts are fulfilled by third-party merchants or sent through their platforms; in those cases, the merchant's own terms, policies, and timelines also apply to that purchase, and we act as a facilitator. We are not responsible for the acts or omissions of third-party merchants or carriers, though we will make reasonable efforts to help resolve issues with an order you placed through the Service. Title and risk of loss for physical gifts pass according to the fulfilling party's standard terms.
8. Changes, cancellations & refunds
Because gifts are prepared and shipped quickly — and many are perishable, personalized, or fulfilled by third parties — orders generally cannot be changed or cancelled once they have been submitted for fulfillment. If you need to change or cancel an order, contact us at support@lovedonesapp.com as soon as possible and we will try to help, but we cannot promise that a change is possible. If a gift arrives damaged, defective, or materially not as described, contact us within 14 days of delivery and we will work with you and the fulfilling party on a replacement, credit, or refund as appropriate. Any refunds are issued to your original payment method. Nothing in these Terms limits rights you may have under applicable consumer-protection law.
9. Acceptable use
You agree not to:
- use the Service for any unlawful, harmful, fraudulent, or abusive purpose;
- send gifts or messages that are harassing, threatening, hateful, defamatory, obscene, or otherwise objectionable;
- provide false, misleading, or stolen information, including payment or recipient details;
- upload another person's information without the right to do so;
- interfere with, disrupt, or attempt to gain unauthorized access to the Service, its servers, or other users' accounts;
- reverse engineer, scrape, or copy the Service except as permitted by law;
- use the Service to build a competing product, or resell the Service without our permission; or
- infringe anyone's intellectual property or privacy rights.
10. Your content
The Service lets you submit information and content — for example, loved one profiles, notes, gift messages, and feedback (“User Content”). You keep ownership of your User Content. You grant Loved Ones a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and use your User Content solely to operate and provide the Service to you (including transmitting gift messages and delivery details to fulfillment partners). You are responsible for your User Content and represent that you have the rights necessary to submit it and that it does not violate these Terms or any law. We may remove User Content that we believe violates these Terms.
11. Our intellectual property
The Service — including its software, design, text, graphics, logos, and the “Loved Ones” name and branding — is owned by Loved Ones or its licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. No other rights are granted.
12. Third-party services & links
The Service relies on and may link to third-party services and merchants — for example, payment processing, sign-in providers, hosting, email delivery, and gift merchants. Some of those links may be affiliate links, which means we may earn a commission if you complete a purchase. This does not change the price you pay, and we only feature merchants we are comfortable recommending. Your use of any third-party service is governed by that party's own terms and privacy policy, and we are not responsible for third-party services or content.
13. App store terms
If you download the Loved Onesapp from the Apple App Store or Google Play, you also agree to that store's applicable terms. You acknowledge that these Terms are between you and Loved Ones, not with Apple or Google, and that Apple and Google are not responsible for the app or its support. Where the Apple App Store is involved, Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you; you also represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist-supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
14. Disclaimers
The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that reminders will always be delivered, or that any gift will arrive by a particular time. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
15. Limitation of liability
To the fullest extent permitted by law, Loved Ones and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Service. Our total liability for all claims relating to the Service will not exceed the greater of (a) the amount you paid us for the order or service giving rise to the claim in the 12 months before the event, or (b) US $100. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.
16. Indemnification
You agree to indemnify and hold harmless Loved Ones and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: your use of the Service; your User Content; information you provide about gift recipients; your violation of these Terms; or your violation of any law or the rights of a third party.
17. Suspension & termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service — in whole or in part — at any time, with or without notice, if we believe you have violated these Terms, if your account poses a security or legal risk, or if we discontinue the Service. Provisions that by their nature should survive termination (including payment obligations, disclaimers, limitations of liability, and indemnification) will survive.
18. Governing law & disputes
These Terms are governed by the laws of the United States and the State in which Loved Ones is organized, without regard to conflict-of-laws rules. Subject to applicable law, any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in that State, and you consent to their jurisdiction. To the extent permitted by law, you and Loved Ones agree to resolve disputes on an individual basis and waive any right to participate in a class action. Nothing in this section prevents either party from seeking injunctive relief, or from bringing a claim in small-claims court where available. If any provision of these Terms is found unenforceable, the rest remain in effect.
19. Changes to these terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, if the changes are material, provide a more prominent notice (for example, in the app or by email). Your continued use of the Service after an update takes effect means you accept the revised Terms.
20. Contact us
Questions about these Terms? Email us at support@lovedonesapp.com.