These Terms of Use ("Terms") govern your access to and use of Lovingo, including the Lovingo mobile application, Lovingo websites, account features, AI character conversations, language practice tools, voice features, notebooks, memories, support channels, and any other content, tools, products, or services that link to these Terms (collectively, the "Service").
"Lovingo," "we," "us," and "our" mean DayFold HK Limited. "You" and "your" mean the person who accesses or uses the Service. If you use the Service on behalf of a company, organization, or other entity, you represent that you have authority to bind that entity, and "you" includes that entity.
Please read these Terms carefully. By downloading, accessing, browsing, creating an account, submitting text or audio, making a purchase where offered, or otherwise using Lovingo, you agree to these Terms and the applicable policies referenced in them. If you do not agree, do not use the Service.
The canonical version of these Terms is available at lovingo.ai/terms.
1. Additional Terms and Policies
These Terms incorporate by reference the Lovingo Privacy Policy and any supplemental terms, policies, rules, notices, purchase screens, feature screens, or other product-specific terms separately made available to you in the Service or on Lovingo's website (collectively, "Supplemental Terms").
If a Supplemental Term conflicts with these Terms, the more specific term governs for that feature or subject, unless prohibited by applicable law or app-store rules. If there is a conflict between these Terms and mandatory consumer protection law in your location, the mandatory law controls.
2. What Lovingo Is
Lovingo is an AI language learning app built around conversations and relationships with fictional characters. It is designed to give you a reason to practise understanding and expressing yourself in another language through everyday conversations and shared fictional experiences.
Depending on the version of the Service available to you, Lovingo may allow you to:
- Explore language destinations and browse fictional character profiles, interests, images, and introductory content.
- Choose a character and exchange typed messages or recorded voice messages.
- Receive AI-generated character replies, translations, conversation summaries, and language suggestions based on your input and the conversation context.
- Listen to character speech or example phrases, practise repeating them, replay your recording, and receive pronunciation feedback where supported.
- Save words, phrases, meanings, and their original conversation context in a notebook, and update their learning status.
- View conversation history, relationship or affinity indicators, learning activity, collectible stamps, and unlocked memory images or videos.
- Use account, profile, and login features where enabled, and access subscriptions or other paid features only where they are expressly offered for purchase.
Some features may be unavailable, locked, limited, experimental, or dependent on conditions shown in the Service. Availability may depend on the character, language, destination, device, account state, relationship progress, service configuration, or other requirements. A language destination does not guarantee that a character or every language feature is available there.
Lovingo may change the Service over time. Features may be added, changed, limited, renamed, suspended, or removed. A button, character preview, screenshot, demonstration, test experience, or promotional description does not guarantee availability or create a purchased entitlement. A preview of login, subscription, or other account functionality does not by itself mean that the corresponding live service is available.
3. Language Practice and Entertainment; No Professional or Emergency Use
Lovingo supports informal language practice and fictional entertainment. It is not a provider of legal, medical, financial, mental-health, crisis, safety, relationship, employment, immigration, or other professional advice. Its learning tools do not guarantee language proficiency, examination results, qualifications, or any particular educational outcome.
You should not rely on Lovingo characters, AI-generated dialogue, translations, pronunciation scores, learning suggestions, images, or other outputs as verified factual, professional, or safety-critical information. A pronunciation score or notebook status is not a certification of language ability. If you need medical, mental-health, legal, financial, emergency, or other professional help, contact a qualified professional or emergency service. Lovingo is not designed to detect emergencies or provide crisis support.
4. Eligibility and Age
You must be at least 18 years old and have reached the age of majority required in your country or region to use Lovingo. Lovingo is intended for adult users only.
Do not use Lovingo if you are under 18, below the age of majority where you live, or otherwise not legally able to agree to these Terms. Parents, legal guardians, family organizers, and other account holders should use device-level, app-store, and payment controls to prevent unauthorized access or purchases by anyone who is not eligible to use Lovingo.
In addition, do not use Lovingo if:
- You are prohibited from using the Service under applicable law, sanctions, export control rules, or app-store terms.
- Your account was previously suspended or terminated by Lovingo for serious or repeated violations, unless we expressly authorize you to return.
Lovingo may use reasonable measures to support adult-only eligibility, content controls, purchase controls, or feature restrictions. You agree not to misrepresent your age or help anyone bypass age restrictions.
5. Accounts, Login, and Account Security
You may browse certain content without logging in where the Service permits it. Lovingo may require login before you submit messages, access saved conversations or learning records, use account features, make purchases where offered, or use other gated features.
Login methods depend on those actually enabled in the Service. If Lovingo makes Sign in with Apple, Google Sign-In, or another third-party login method available and you choose it, you authorize Lovingo to receive, access, use, and store the information the provider makes available for account creation, login, authentication, fraud prevention, support, and service operation, as described in the Privacy Policy. That information may include account identifiers, email addresses, private relay email where provided, profile fields made available by the provider, authentication results, login timestamps, and security metadata.
You agree to provide accurate account information and keep it up to date. You are responsible for all activity under your account, including messages, recordings, saved content, purchases where offered, support requests, and policy violations. Do not sell, rent, share, transfer, or make your account available to others.
If you believe your account has been accessed without authorization, contact us promptly at hello@lovingo.ai. We may ask you to verify account ownership and provide necessary materials before taking action.
6. License to Use the App and Service
Subject to your compliance with these Terms, Lovingo grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, access, and use the Service for personal language practice, entertainment, and other non-commercial purposes permitted by the Service.
This license does not allow you to:
- Copy, modify, distribute, sell, lease, lend, host, sublicense, or resell the Service or access to it.
- Reverse engineer, decompile, disassemble, or attempt to derive source code, model weights, prompts, ranking logic, generation pipelines, or other non-public components, except to the extent applicable law prohibits this restriction.
- Scrape, crawl, harvest, bulk download, archive, index, or automatically extract data, content, outputs, assets, prompts, or account information.
- Bypass rate limits, paywalls, usage limits, login gates, content filters, moderation tools, access controls, security measures, or technical restrictions.
- Use the Service to develop, train, benchmark, or improve a competing AI model, language learning tool, roleplay product, character chat service, or synthetic media system.
- Use the Service in a way that violates applicable law, app-store rules, or an applicable policy incorporated into these Terms.
Lovingo may update the app automatically or require updates to continue using the Service. Some updates may change, remove, or limit features.
7. Lovingo Content and Intellectual Property
The Service contains content and technology owned by Lovingo or its licensors, including software, interfaces, visual design, prompts, learning tools, language destination maps, character names and descriptions, character profiles, avatars, artwork, voices, dialogue designs, memory images and videos, stamps, relationship and affinity indicators, progress systems, databases, trademarks, logos, trade dress, and other materials ("Lovingo Content").
Except for the limited license expressly granted to you, Lovingo and its licensors retain all rights, title, and interest in the Service and Lovingo Content. You may not use Lovingo Content outside the Service unless Lovingo expressly permits it in writing or in an applicable feature screen.
Lovingo's characters and their personal stories are fictional unless expressly stated otherwise. Character descriptions, relationship indicators, affinity values, learning activity, collectible items, and dialogue are part of the experience. They do not create real relationships, contractual commitments, prize rights, financial value, transferable property, a professional qualification, or guaranteed access to future features.
Some Lovingo Content may include licensed, commissioned, AI-assisted, open-source, or third-party materials. Applicable third-party notices or additional license terms will be provided where required.
8. Your Inputs and Other User Content
"User Content" means any content, information, or material you provide to or through Lovingo, including typed messages, prompts, voice recordings, edited transcripts, selected options, learning preferences, saved words and phrases, notebook entries, account information, profile images, feedback, support requests, reports, and any content you upload, submit, publish, share, or otherwise make available through the Service.
You are responsible for your User Content. You represent and warrant that:
- You have all rights, permissions, licenses, and consents needed to submit the User Content and grant the rights described in these Terms.
- Your User Content does not violate law, these Terms, third-party rights, privacy rights, publicity rights, or app-store rules.
- Your User Content does not contain personal information about another person unless you have a lawful basis and any required consent to provide it.
- Your User Content does not include confidential information you are not authorized to disclose.
You retain whatever rights you have in your User Content, subject to the license you grant to Lovingo below and any rights in Lovingo Content, third-party content, or generated outputs.
9. License You Grant to Lovingo
To operate, provide, secure, improve, and enforce the Service, you grant Lovingo and its affiliates, service providers, and successors a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable license to host, store, process, reproduce, display, perform, transmit, format, translate, modify, adapt, create derivative works from, and otherwise use your User Content as reasonably necessary or appropriate to:
- Provide AI character conversations and language practice features.
- Process messages, recordings, transcripts, translations, and selected options.
- Generate character replies, example speech, pronunciation feedback, language suggestions, and related outputs.
- Maintain conversation context, summaries, relationship state, notebooks, learning activity, account status, available entitlements, safety controls, fraud controls, and support records.
- Operate, debug, test, monitor, analyze, and improve the Service.
- Personalize learning suggestions or in-app experiences where permitted by law and described in the Privacy Policy.
- Support Lovingo marketing, promotion, user acquisition, and growth activities, subject to the Privacy Policy and the limits below.
- Conduct safety review, content moderation, policy enforcement, abuse prevention, and complaint handling.
- Respond to user reports, intellectual property complaints, account deletion requests, legal requests, law enforcement requests, and regulatory obligations.
- Preserve records of violations, payment disputes, fraud, safety incidents, or legal claims.
- Develop, evaluate, and improve product features, moderation systems, and AI safety systems as described in the Privacy Policy.
Lovingo's use of User Content, conversation context, and Outputs for service operation, model or service improvement, safety evaluation, quality review, or similar purposes is described in the Privacy Policy. Where applicable law, platform rules, or a specific provider arrangement requires a separate notice or choice, Lovingo will provide it as required.
Lovingo will not intentionally publish your private messages, voice recordings, or private generated outputs for marketing without your consent, except where we use aggregated, de-identified, or non-identifying information in accordance with the Privacy Policy.
If you submit feedback, suggestions, ideas, bug reports, feature requests, or similar comments, you agree that Lovingo may use them without restriction, attribution, or compensation.
10. AI-Generated Outputs
Lovingo may use AI systems, agents, models, generation pipelines, or third-party AI providers to generate character dialogue, translations, synthesized speech, transcriptions, pronunciation feedback, learning suggestions, summaries, reactions, or other outputs based on your User Content, Lovingo Content, conversation context, and system instructions ("Outputs").
Outputs may be generated from a combination of:
- Your text, recording, transcript, or selected option.
- The character, selected language, learning preferences, relationship state, and available progress information.
- Lovingo's prompts, safety rules, generation settings, and editorial design.
- Prior conversations and summaries associated with your account or session.
- Third-party AI model behavior, where applicable.
AI systems are probabilistic and may produce Outputs that are inaccurate, repetitive, incomplete, unexpected, offensive, unsafe, or unsuitable for your intended purpose. Outputs may not be unique. Other users may receive similar or identical outputs, especially when they interact with the same character, prompt pattern, or model.
AI processing may take time and show a loading state before a result is available. Lovingo does not guarantee that an input will immediately produce a usable reply, accurate transcription or translation, available pronunciation score, memory unlock, affinity increase, or particular learning result. Processing may fail, time out, be refused, be blocked, or require retry because of network issues, model capacity, safety filters, account state, applicable usage limits, app-store systems, or other technical or policy reasons.
Subject to your compliance with these Terms and applicable law, and to the extent permitted by law, you may use Outputs generated for you for personal, non-commercial language practice and entertainment within Lovingo. Lovingo does not grant commercial use rights in Outputs unless expressly stated in writing or in a feature-specific notice.
Your rights in Outputs do not include:
- Lovingo Content embedded in or used to generate the Output.
- Third-party content, intellectual property, names, likenesses, trademarks, or copyrighted works that may appear in or be referenced by an Output.
- Other users' similar or identical outputs.
- Any right to claim that an Output is human-created, verified, accurate, endorsed by Lovingo or a third party, or free from infringement risk.
If an Output includes Lovingo's character design, avatar, voice, artwork, or other Lovingo Content, Lovingo grants you only a personal, non-commercial license to view, listen to, and use that Output in the Service, unless Lovingo expressly authorizes broader use.
You are responsible for reviewing Outputs before relying on, saving, sharing, reposting, or otherwise using them. You must not misrepresent AI-generated content as human-generated, factual, or endorsed by a real person or third party.
Lovingo may label, watermark, metadata-tag, or otherwise disclose that content was generated or altered by AI where required by law, platform rules, product safety standards, or Lovingo policy.
11. Acceptable Use
You must use Lovingo responsibly, lawfully, and respectfully. You agree not to use, attempt to use, or help another person use the Service to create, request, submit, generate, share, distribute, facilitate, or promote content or activity in the categories below.
11.1 Minors and Child Safety
You may not use Lovingo to create, request, simulate, roleplay, sexualize, exploit, groom, target, endanger, or otherwise harm minors. Prohibited content includes:
- Child sexual abuse material or any attempt to generate, describe, normalize, solicit, or distribute it.
- Sexualized depictions of minors or characters presented as, described as, or reasonably appearing to be minors.
- Age-play, school-age sexual scenarios, "barely legal" framing, or attempts to make minor-related sexual content appear fictional or ambiguous.
- Grooming, sextortion, coercion, trafficking, exploitation, or instructions for contacting or manipulating minors.
- Solicitation of personal information, images, contact details, or private communications from anyone under 18.
11.2 Sexual Content, Romance, and Roleplay Boundaries
Lovingo may include romance, fantasy, emotional interaction, and fictional roleplay themes. You must keep those interactions lawful, consensual, fictional, and age-appropriate.
You may not use Lovingo to create or request:
- Pornographic, explicit sexual, or fetish content.
- Non-consensual sexual content, sexual coercion, sexual violence, sexual blackmail, or intimate imagery abuse.
- Prostitution, trafficking, sexual services, or exploitative sexual conduct.
- Sexual content involving minors, age-ambiguous characters, family or incest themes, or abuse of authority.
- Sexualized images or scenarios involving real people without explicit consent.
11.3 Violence, Self-Harm, and Dangerous Conduct
You may not use Lovingo to create or request content that:
- Graphically depicts, glorifies, instructs, or encourages real-world violence, torture, gore, mutilation, or abuse.
- Threatens, harasses, intimidates, or targets any person or group.
- Promotes terrorism, violent extremism, organized crime, or violent political action.
- Gives instructions for weapons, explosives, evading law enforcement, cyber abuse, drug manufacture, or other harmful illegal conduct.
- Encourages self-harm, suicide, eating disorders, dangerous challenges, or abuse of drugs or alcohol.
If you are in danger or thinking about harming yourself or others, stop using Lovingo and contact emergency services or a crisis hotline in your location.
11.4 Hate, Harassment, and Abuse
You may not use Lovingo to create or request content that attacks, dehumanizes, demeans, excludes, threatens, or promotes discrimination or violence against people based on protected or sensitive characteristics, including race, ethnicity, national origin, religion, caste, sex, gender, gender identity, sexual orientation, disability, age, veteran status, immigration status, or serious medical condition.
You may not use Lovingo to bully, stalk, shame, dox, defame, impersonate, or coordinate harassment against any person, including public figures, creators, Lovingo staff, or other users.
11.5 Real People, Impersonation, and Publicity Rights
You may not use Lovingo to impersonate, simulate, or roleplay as a real person, whether living or deceased, without the necessary rights and explicit permission. This includes celebrities, influencers, private individuals, current or former romantic partners, family members, classmates, colleagues, public officials, or any identifiable person.
You may not create or request content that uses a real person's name, image, likeness, voice, biography, social media identity, private facts, relationship history, or other identifying attributes in a way that could deceive, harass, defame, sexualize, exploit, or otherwise harm that person.
If Lovingo later introduces authorized real-person or real-person-inspired characters, they may be subject to additional rights clearance, disclosure, content restrictions, and takedown controls. Unless Lovingo expressly makes such a feature available and authorized, you may not treat the Service as permitting real-person roleplay.
11.6 Intellectual Property and Third-Party Rights
You may not use Lovingo to infringe, misappropriate, or violate copyright, trademark, trade secret, privacy, publicity, likeness, voice, database, moral, contractual, or other rights. Do not submit prompts or content you do not have the right to use, including third-party scripts, characters, images, recordings, private messages, confidential materials, or proprietary datasets.
You may not use Lovingo to create confusingly similar substitutes for third-party works, franchises, characters, brands, or artists in a way that violates applicable law or third-party rights.
11.7 Privacy, Security, and Personal Information
You may not use Lovingo to collect, expose, infer, guess, publish, or misuse personal information, account credentials, contact details, location information, biometric information, private images, private communications, or other sensitive information about another person without authorization.
You may not submit malware, spyware, tracking code, credential phishing content, vulnerability exploit instructions, or other content intended to compromise systems, accounts, or data.
11.8 Fraud, Deception, and Misrepresentation
You may not use Lovingo to deceive, defraud, manipulate, scam, or mislead others. You may not:
- Represent AI-generated content as human-generated when that representation is misleading.
- Create fake endorsements, records, screenshots, legal or official documents, or deceptive identity content.
- Manipulate Lovingo's ratings, reviews, rankings, ads, attribution events, referral programs, purchases, paid entitlements, learning records, store ratings, or store systems.
- Use Lovingo to conduct spam, phishing, chain letters, pyramid schemes, or unauthorized promotions.
11.9 Technical Misuse and Commercial Abuse
You may not:
- Automate interactions with Lovingo, including automated account creation, prompting, scraping, crawling, or mass generation.
- Bypass or manipulate usage limits, content filters, safety systems, paywalls, purchase validation, login gates, or account restrictions.
- Resell, sublicense, rent, lend, redistribute, or commercially exploit Lovingo, Lovingo Content, Outputs, or access to the Service.
- Use Lovingo to train, evaluate, benchmark, or improve a competing AI, language learning, roleplay, chatbot, or synthetic media product.
- Interfere with the Service, servers, networks, payment systems, analytics systems, SDKs, or other users' experience.
12. User Content, Reporting, and Private Use
The content rules in Sections 8 through 11 apply to your messages, recordings, notebook entries, AI-generated Outputs, reports, support requests, and any content you submit, save, export, or otherwise use through Lovingo. Additional content rules apply only where separately provided as Supplemental Terms.
Lovingo's current Service does not provide public posting, user-to-user comments, likes, follows, direct messages, or public feeds. Even if your interactions are private or visible only to you, they may still be subject to safety systems, content restrictions, complaint review, intellectual property enforcement, legal obligations, and these Terms.
If you save, export, screenshot, repost, or otherwise share content outside Lovingo, you are responsible for ensuring you have the rights to do so and that your use complies with law, these Terms, and the rules of the third-party platform you use.
To report content, behavior, AI output, or safety concerns, contact hello@lovingo.ai. For copyright, trademark, likeness, publicity, impersonation, or other intellectual property complaints, contact legal.notice@dayfold.ai and see Section 23.
13. Moderation and Enforcement
Lovingo may use automated systems, human review, third-party service providers, user reports, safety classifiers, rate limits, keyword filters, prompt filters, output filters, payment fraud tools where payments are offered, and other measures to detect, prevent, investigate, or respond to violations.
Lovingo may, with or without notice where permitted by law:
- Refuse to generate, complete, display, store, or deliver an Output.
- Block, filter, label, downgrade, hide, remove, or restrict User Content or Outputs.
- Apply or restore usage allowances, or adjust access to paid features where offered, in accordance with the disclosed feature rules, these Terms, applicable law, and app-store rules.
- Warn you, request additional information, or require you to change your conduct.
- Limit features, rate-limit usage, disable purchases where offered, or restrict improperly obtained entitlements.
- Suspend, terminate, or delete accounts.
- Preserve records, content, metadata, purchase history where applicable, reports, or device and network data for safety, legal, enforcement, payment, or dispute reasons.
- Report unlawful activity to law enforcement, regulators, app stores, rights holders, or other appropriate parties.
- Cooperate with valid legal requests or platform compliance processes.
Lovingo is not required to pre-screen all User Content or Outputs and does not guarantee that all prohibited content will be detected. An input or Output not blocked by our systems is not necessarily allowed.
If we suspend or terminate your account and you believe we made a mistake, contact hello@lovingo.ai. We may ask for information needed to verify your account, understand the issue, and review the decision.
14. Paid Features, Subscriptions, and Usage Limits
Lovingo may offer subscriptions, other paid digital features, or feature-specific usage allowances only when expressly made available for purchase in the Service. A preview does not create a purchased entitlement.
When a paid product is offered, its features, price, applicable taxes, duration, usage limits, and any renewal terms will be shown before purchase. Prices may vary by country, region, currency, taxes, platform fees, store pricing tiers, promotions, exchange rates, and store display rules. The price shown at checkout controls.
Paid access and usage allowances are personal, non-transferable rights to use the specified functionality under these Terms. They are not money, an investment, a bank account, or a cash equivalent and cannot be sold, transferred, or redeemed for money except where applicable law or app-store rules require otherwise.
Any paid action, included usage allowance, reset period, expiry, or additional charge must be identified in the applicable purchase or feature screen before you confirm the relevant purchase or action. Free, trial, promotional, test, or goodwill access may have separate limits or expiry rules disclosed when offered. A subscription or allowance does not guarantee unlimited use, a particular AI response, or uninterrupted access unless expressly stated in the offer.
Failed, blocked, timed-out, or interrupted paid requests will be handled under the rules disclosed for the applicable feature and the payment protections in Section 15. Nothing in this section limits mandatory consumer rights or applicable app-store requirements.
15. Payments, App-Store Purchases, Refunds, and Chargebacks
If digital purchases are offered in Lovingo, they will be processed through Apple in-app purchase, Google Play Billing, or another payment method made available in compliance with applicable platform rules and law.
When you make a purchase, you authorize the applicable payment provider to charge the displayed price, taxes, and other applicable amounts. Apple, Google, and other payment providers may process payment information, transaction identifiers, receipts, refunds, and purchase validation under their own terms and privacy policies.
Except where required by law, required by the applicable app store, or expressly stated by Lovingo, purchases are final and non-refundable once delivered. If you purchase through Apple or Google, refund requests may need to be submitted through that store according to its policies. Lovingo may, in its discretion, provide replacement access or another adjustment for verified technical errors, failed delivery, or service incidents, but doing so does not create an obligation to provide the same treatment in other cases.
If a refund, reversal, chargeback, payment dispute, fraud alert, duplicate entitlement, mistaken entitlement, or platform adjustment occurs, Lovingo may reverse the related entitlement, suspend purchases, restrict access to the affected paid features, restrict your account, or request additional verification, to the extent permitted by law. We may adjust access associated with a refunded or reversed purchase in accordance with applicable law and app-store rules.
Do not attempt to obtain paid access through unauthorized means, payment abuse, refund abuse, stolen payment methods, fake receipts, app-store manipulation, or technical bypasses. Lovingo may terminate accounts involved in payment abuse.
If Lovingo offers subscriptions, the applicable auto-renewal terms, cancellation instructions, renewal notices, trial terms, and platform-specific subscription terms will be presented before purchase. Cancellation of future renewal, refund requests, signing out, and account deletion are distinct actions. Deleting the app or requesting account deletion does not by itself cancel a subscription billed by an app store; follow the cancellation instructions for the applicable provider.
16. Account Deletion, Cancellation, and Data Rights
You may stop using Lovingo at any time. You may request account deletion by contacting hello@lovingo.ai. Where account-deletion controls are available in the Service, you may also use those controls. We may ask you to verify account ownership before completing a request.
Account deletion is different from signing out or deleting the app from your device. Signing out or deleting the app may not delete your account, conversation history, saved learning records, purchase records, or other data stored by Lovingo.
When you request account deletion, Lovingo will delete or de-identify account data associated with your account as described in the Privacy Policy, subject to retention that is reasonably necessary or legally permitted for:
- Payment, tax, accounting, refund, chargeback, and purchase validation records where applicable.
- Security, fraud prevention, abuse prevention, and safety enforcement.
- Content moderation, intellectual property complaints, copyright notices, legal claims, and dispute handling.
- Compliance with law, court orders, regulator requests, or app-store requirements.
- Backup, disaster recovery, debugging, and system integrity for a limited period.
- Records that have been aggregated, de-identified, or otherwise no longer identify you.
Account deletion may affect your ability to access conversation history, recordings, generated outputs, notebooks, learning activity, relationship progress, memories, stamps, paid entitlements where applicable, purchase history, support history, and other account features. Once your account is deleted or permanently deactivated, account-linked content and entitlements may become unavailable, except where applicable law or app-store policy requires otherwise. See Section 15 for separately cancelling any subscription.
If your account is suspended, terminated, or restricted for violations, fraud, chargeback abuse, or legal reasons, Lovingo may deny or delay deletion of certain records as necessary to enforce these Terms, protect users, protect Lovingo, or comply with law, subject to your applicable data rights.
17. Privacy
The Lovingo Privacy Policy describes how we collect, use, disclose, retain, and protect personal information. By using the Service, you acknowledge that Lovingo may process personal information as described in that policy.
Depending on the features you use and their availability, personal information processed by Lovingo may include account and login data, provider identifiers, email address, username, avatar, learning preferences, typed messages, voice recordings, transcriptions, translations, generated replies, pronunciation feedback, conversation context and summaries, saved vocabulary, learning activity, relationship progress, memories, purchase records where payments are offered, device and app information, IP address, approximate region, operational events, support requests, reports, and other information described in the Privacy Policy.
Lovingo may use internal analytics, diagnostics, and operational logs to understand service reliability, feature performance, product usage, and account flows where enabled. Such tools may process app events, device information, IP address, approximate region, timestamps, app version, and other information as described in the Privacy Policy and any separately provided notices.
Do not submit sensitive personal information, private third-party information, government identifiers, financial information, health information, biometric information, private images, or confidential information unless the feature clearly requests it and you have all required rights and consents. When using voice features, submit only recordings you are authorized to provide.
18. Third-Party Services, SDKs, and AI Providers
The Service may include, integrate with, or depend on third-party products, services, SDKs, APIs, platforms, stores, payment processors, login providers, cloud providers, AI providers, analytics and diagnostics tools, customer support tools, content moderation tools, or other service providers.
Depending on the features actually enabled, these dependencies may include:
- Third-party login methods, such as Sign in with Apple or Google Sign-In, where offered.
- App-store billing or other approved payment services where paid products are offered.
- AI and speech services for character replies, translation, transcription, speech synthesis, pronunciation evaluation, conversation summaries, content safety, and troubleshooting.
- Device microphone, speech, audio playback, photo selection, and other platform capabilities used by the selected feature.
- Cloud, database, content delivery, diagnostics, support, moderation, security, and analytics systems used to operate the Service.
Third-party services may have their own terms and privacy policies. Lovingo is not responsible for third-party services except to the extent required by applicable law. If you choose a third-party login, payment, or connection option, you may authorize the third party to process your information under its own terms.
Information about relevant providers, app permissions, purposes, data categories, activation timing, and user controls will be provided in the Privacy Policy, in-app permission requests, or separate notices where required.
19. App Stores and Mobile Platform Terms
If you download Lovingo from the Apple App Store, Google Play, or another app store, your use of the app is also subject to the applicable store's terms, policies, and usage rules.
19.1 Apple App Store
For any Lovingo app obtained through the Apple App Store:
- These Terms are between you and Lovingo, not Apple.
- Apple is not responsible for the Service, Lovingo Content, User Content, Outputs, maintenance, support, product claims, intellectual property claims, legal compliance, or other claims relating to Lovingo, except as required by applicable law.
- Your license to use the iOS app is limited to use on Apple-branded products you own or control, as permitted by Apple's usage rules.
- Apple has no obligation to provide maintenance or support for Lovingo.
- If the app fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price for the app, if any, as required by its applicable policies. To the maximum extent permitted by law, Apple has no other warranty obligation for Lovingo.
- Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the iOS app and may enforce those terms against you.
19.2 Google Play
For any Lovingo app obtained through Google Play:
- These Terms are between you and Lovingo, not Google.
- Google is not responsible for the Service, Lovingo Content, User Content, Outputs, maintenance, support, product claims, legal compliance, or other claims relating to Lovingo, except as required by applicable law.
- Your use of the Android app must comply with Google Play terms and policies.
- Google may be a third-party beneficiary of these Terms as they relate to your use of the Android app, to the extent required by Google Play terms.
19.3 Store Listings and Feature Availability
Store descriptions, screenshots, privacy labels, data safety forms, in-app purchase metadata, age ratings, and support information are intended to describe the Service available through the applicable store. If a feature is hidden, dormant, disabled, experimental, or unavailable to you, it does not create a right to use it unless Lovingo expressly makes it available in the Service.
20. Service Changes, Availability, Rate Limits, and Beta Features
Lovingo is evolving. We may modify, suspend, discontinue, replace, limit, rename, reprice, or remove any part of the Service, including characters, language destinations, artwork, AI models, voices, prompts, learning tools, relationship indicators, progress systems, usage limits, login methods, analytics systems, moderation tools, and future features, subject to applicable law and the terms of any paid offer.
We do not guarantee that the Service, Outputs, conversations, learning records, paid features, or other content will be uninterrupted, available, secure, error-free, accurate, compatible with your device, or preserved forever. The Service may be affected by network conditions, device compatibility, cloud providers, AI providers, app-store issues, model capacity, content filters, maintenance, updates, security incidents, legal requirements, or force majeure events.
We may impose usage limits, rate limits, processing limits, queues, quality controls, safety controls, or other restrictions to protect the Service, control costs, prevent abuse, comply with law, or improve user experience.
Some features may be experimental, beta, preview, limited-release, or test features. They may be unstable, incomplete, inaccurate, or discontinued without becoming generally available. Unless expressly stated, beta features are provided for evaluation, language practice, and entertainment only and do not create a paid entitlement.
21. User Communications and Notices
Lovingo may send you service notices, policy notices, purchase receipts where applicable, security alerts, account notices, support responses, and other operational communications through the app, email, website notice, or other reasonable means.
You agree that electronic notices satisfy any legal requirement that communications be in writing, to the extent permitted by law. You are responsible for keeping your account contact information current and checking notices from Lovingo.
Marketing communications, if any, will be handled in accordance with applicable law and the Privacy Policy. If Lovingo sends marketing emails, you may use the unsubscribe method in the message, if available, or contact hello@lovingo.ai.
22. Support, Feedback, and Complaints
For support or feedback, contact hello@lovingo.ai.
When submitting support requests, reports, or complaints, provide enough information for Lovingo to review the issue, such as the character or language involved, the affected feature, a screenshot, approximate time, account identifier, device information, transaction ID where applicable, and a description of the problem. Do not include unnecessary sensitive personal information.
Support responses are provided for customer service and operational purposes. They do not modify these Terms unless Lovingo expressly states that a written amendment is being made by an authorized representative.
23. Intellectual Property Complaints and DMCA
Lovingo respects intellectual property rights. If you believe content in the Service infringes your copyright, trademark, publicity, likeness, privacy, or other rights, contact legal.notice@dayfold.ai.
Copyright notices should identify the copyrighted work and the allegedly infringing material, provide contact information, include a good-faith statement and a statement under penalty of perjury, and contain a physical or electronic signature of the rights holder or authorized agent. Where the Digital Millennium Copyright Act (DMCA) applies, include the information it requires.
Lovingo may remove, restrict, disable, or preserve content, and may terminate or restrict accounts of repeat infringers or users who submit infringing content. Copyright notices and other intellectual property complaints should be sent to legal.notice@dayfold.ai.
If your content is removed due to a copyright notice and you believe it was removed by mistake or misidentification, you may contact the same address to submit a counter-notice containing the information required by applicable law. Additional reporting procedures apply only where separately provided.
24. Disclaimers
To the maximum extent permitted by law, the Service, Lovingo Content, User Content, Outputs, AI features, paid features where offered, beta features, third-party integrations, and all related materials are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise.
To the maximum extent permitted by law, Lovingo disclaims all warranties, including merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, reliability, availability, security, compatibility, and uninterrupted or error-free operation.
Lovingo does not warrant that:
- The Service will meet your expectations or be available at any specific time or location.
- Any character, Output, recommendation, translation, transcription, pronunciation score, dialogue, image, or relationship indicator will be accurate, unique, safe, suitable, non-offensive, or free from rights issues.
- Any data, content, conversation, learning record, generated output, entitlement, or account information will be preserved without loss.
- Content moderation systems will detect or block all prohibited content.
- Third-party services, AI providers, app stores, payment systems, SDKs, or networks will operate without error.
- The Service will produce a particular language learning result or be suitable for legal, medical, financial, mental-health, emergency, professional, or other high-stakes use.
Some jurisdictions do not allow certain disclaimers. In those jurisdictions, these disclaimers apply only to the maximum extent permitted by law.
25. Limitation of Liability
To the maximum extent permitted by law, Lovingo, its affiliates, officers, directors, employees, contractors, licensors, service providers, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for any loss of profits, revenue, goodwill, data, content, opportunity, reputation, or business, arising out of or related to the Service, these Terms, User Content, Outputs, Lovingo Content, AI features, purchases, account actions, moderation decisions, third-party services, or inability to use the Service, even if Lovingo has been advised of the possibility of such damages.
To the maximum extent permitted by law, Lovingo's total liability for all claims arising out of or related to the Service or these Terms will not exceed the greater of:
- USD 100; or
- The amount you paid to Lovingo for the Service in the 12 months before the event giving rise to the claim.
These limitations do not limit liability that cannot be limited under applicable law, such as liability for gross negligence, willful misconduct, fraud, death or personal injury caused by negligence, or statutory consumer rights that cannot be waived.
26. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Lovingo, its affiliates, officers, directors, employees, contractors, licensors, service providers, and agents from and against claims, losses, liabilities, damages, judgments, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
- Your access to or use of the Service.
- Your User Content.
- Your use, sharing, publication, or other exploitation of Outputs.
- Your violation of these Terms or other applicable Supplemental Terms.
- Your violation of law or third-party rights, including intellectual property, privacy, publicity, likeness, voice, confidentiality, consumer, payment, or data protection rights.
- Your payment fraud, chargeback abuse, technical misuse, or attempts to bypass Lovingo controls.
- Any dispute between you and another person arising from your use of Lovingo.
Lovingo reserves the right to control the defense of any claim subject to indemnification. You agree to cooperate with our defense and settlement of such claims. You may not settle a claim in a way that imposes obligations on Lovingo without our prior written consent.
Some jurisdictions restrict consumer indemnities. In those jurisdictions, this section applies only to the maximum extent permitted by law.
27. Governing Law and Dispute Resolution
These Terms are governed by the laws of Hong Kong, except that mandatory consumer protection laws in your country or region may still apply where they cannot be waived by contract.
Before bringing a formal claim, you agree to contact Lovingo at hello@lovingo.ai and provide a brief description of the dispute, your requested resolution, and the account or transaction information needed to review the issue. Lovingo will try to resolve the dispute informally within a reasonable period after receiving your notice.
Subject to any non-waivable rights you may have under applicable law, the courts of Hong Kong will have non-exclusive jurisdiction over disputes arising out of or relating to these Terms or the Service.
Nothing in this section prevents either party from seeking urgent injunctive or equitable relief for unauthorized access, misuse of the Service, intellectual property infringement, payment fraud, or other conduct that may cause irreparable harm, where permitted by law.
28. Changes to These Terms
Lovingo may update these Terms from time to time. When we make material changes, we will provide notice through the app, website, email, app-store update notes, or other reasonable means and update the Effective Date.
Changes may become effective immediately if they address new features, legal requirements, safety issues, security issues, fraud, payment rules, or non-material updates. For other material changes, Lovingo will provide reasonable advance notice where required by law.
Your continued use of the Service after updated Terms become effective means you accept the updated Terms, where permitted by law. If you do not agree to the updated Terms, you must stop using Lovingo.
29. Termination
You may stop using Lovingo at any time and may request account deletion as described in Section 16.
Lovingo may suspend, restrict, or terminate your access to all or part of the Service if:
- You violate these Terms or an applicable Supplemental Term.
- Your use could harm Lovingo, users, third parties, app stores, payment providers, rights holders, or the public.
- You create legal, security, safety, fraud, intellectual property, payment, regulatory, or platform risk.
- We are required or reasonably requested to do so by law, court order, regulator, app store, payment provider, or rights holder.
- Your account is inactive for an extended period and has no active paid entitlement, subject to applicable law and notice requirements.
- We discontinue the Service or a feature.
Termination or suspension may result in loss of access to your account, conversations, recordings, learning records, notebooks, relationship progress, memories, Outputs, paid entitlements where applicable, purchase history, and other Service features, subject to applicable law, app-store rules, and Sections 14 through 17.
Sections that by their nature should survive termination will survive, including those on Lovingo intellectual property, User Content licenses, AI Output limitations, acceptable use, moderation, paid access restrictions, payments, privacy, intellectual property complaints, disclaimers, liability limits, indemnity, dispute resolution, and general terms.
30. General Terms
30.1 Entire Agreement
These Terms and the policies incorporated by reference are the entire agreement between you and Lovingo regarding the Service and replace prior or contemporaneous agreements about the Service.
30.2 Severability
If a provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions will remain in effect. The invalid provision will be modified to the minimum extent necessary to make it enforceable, if permitted by law.
30.3 No Waiver
Lovingo's failure to enforce a provision is not a waiver of its right to do so later.
30.4 Assignment
You may not assign or transfer these Terms or your account without Lovingo's prior written consent. Lovingo may assign or transfer these Terms in connection with a merger, acquisition, restructuring, sale of assets, change of control, or by operation of law, subject to applicable law.
30.5 No Agency
These Terms do not create any partnership, joint venture, employment, franchise, fiduciary, or agency relationship between you and Lovingo.
30.6 Export Controls and Sanctions
You must comply with applicable export control, sanctions, and trade laws. You may not use Lovingo if you are located in, ordinarily resident in, organized under the laws of, or acting on behalf of a country, territory, entity, or person subject to applicable sanctions or restrictions that prohibit your use.
30.7 Force Majeure
Lovingo is not responsible for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government action, court orders, internet or cloud failures, app-store outages, payment provider failures, AI provider failures, security incidents, or other force majeure events.
30.8 Headings
Headings are for convenience only and do not affect interpretation.
31. Contact
Questions about these Terms, Lovingo, account support, privacy requests, or other general matters may be sent to hello@lovingo.ai. Copyright, trademark, likeness, publicity, impersonation, and other content-rights complaints should be sent to legal.notice@dayfold.ai.
TOKYO, JAPAN
