Terms of Service
Effective Date: January 31, 2025
Welcome to WithLuv! By using our service ("Service"), you agree to these Terms of Service ("Terms"). Please read them carefully. If you do not agree to these Terms, do not use the Service.
1. Introduction & Acceptance of Terms
By accessing or using WithLuv, you agree to abide by these Terms of Service. If you do not agree, do not use the Service. WithLuv reserves the right to update these Terms at any time, and continued use of the Service constitutes acceptance of any modifications.
2. Eligibility
To use WithLuv, you must:
Be at least 18 years old (or 13 with parental consent)
Reside in the United States
Use a valid phone number
Only create and maintain one account per user
Businesses and organizations may create accounts, provided they designate an authorized representative who agrees to these Terms on their behalf. Users who have been previously banned from WithLuv are not eligible to create a new account.
3. User Responsibilities & Prohibited Conduct
a. User Responsibilities
Users agree to:
Provide accurate account information
Use the Service responsibly and lawfully
b. Prohibited Conduct
The following activities are strictly prohibited:
Pornography, illegal activities, harassment, hate speech, threats, and fraudulent behavior
Unauthorized mass messaging, spam, or phishing attempts
Impersonation of others or fraudulent use of another person’s identity
Attempting to hack, disrupt, or exploit vulnerabilities in the Service
Use of automated scripts, bots, or software to send messages in an automated manner
Sending bulk promotional messages or commercial spam through the platform
Violation of these terms may result in account suspension, removal of content, permanent banning, or legal action. Users who encounter violations may report them to abuse@sendwithluv.com.
4. Content Ownership & Usage Rights
By submitting content on WithLuv (messages, images, videos, voice-memos, gift messages), you grant WithLuv a worldwide, perpetual, non-exclusive license to store, modify, distribute, and display the content as necessary to operate and improve the Service.
WithLuv may also use content in marketing or promotional materials, provided such use is legally permissible, does not misrepresent the user, and users have not opted out. Users may opt out of marketing use by contacting hello@sendwithluv.com.
WithLuv does not sell user content or personal data to third parties. User content is used strictly for the operation, improvement, and promotion of the Service within legal limits.
Users are responsible for ensuring their content does not violate laws or third-party rights. WithLuv is not liable for legal claims arising from user-submitted content.
Users may request deletion of their content upon account closure, subject to retention policies and applicable laws (including CCPA). Users waive any claims to ownership or compensation for content submitted.
5. Our Right to Block & Terminate Accounts
WithLuv reserves the right to block, suspend, or terminate any user account at its sole discretion. This includes users who violate our Terms, commit fraud, disrupt the platform, or engage in harmful activities. While warnings may be issued, WithLuv is not obligated to provide advance notice. Account termination decisions will not be based on race, gender, religion, or other protected characteristics.
6. Gift Card Purchases & Platform Fees
Gift cards are issued by third-party providers and subject to their terms.
WithLuv acts only as a facilitator and is not responsible for value, redemption, or acceptance.
Platform fees will be clearly displayed at checkout.
WithLuv is not liable for lost, stolen, or misused gift cards once delivered.
7. Refund & Cancellation Policy
Refund requests must be made at least 72 hours before the campaign begins.
Once a campaign begins, no refunds or cancellations will be processed.
Technical issues preventing delivery may be reported to hello@sendwithluv.com.
Refunds cover card value minus transaction costs and fees.
Gift cards cannot be exchanged for cash unless required by law.
8. Phone Numbers & Texting Policy
Users must provide a valid, up-to-date phone number.
By providing your number, you consent to receive SMS messages related to your use of WithLuv.
Standard carrier rates apply; frequency varies.
To opt out, reply STOP. Opting out blocks both transactional and promotional SMS.
WithLuv is not responsible for delays, failures, or undelivered SMS caused by carriers or third parties.
9. Liability for Messages Sent
Users are solely responsible for the content they send and must comply with laws (anti-spam, harassment, defamation, etc.). WithLuv is not liable for damages or claims resulting from user-submitted messages.
Sending prohibited content may result in suspension or legal action. WithLuv may assist law enforcement when required.
10. Account Suspension & Termination
WithLuv may suspend or terminate accounts at any time for violations. We are not liable for losses (financial or content-related) caused by suspension or termination. Notice may be given but is not guaranteed.
11. Governing Law & Dispute Resolution
These Terms are governed by the laws of New York. Disputes will be resolved by binding arbitration under the Federal Arbitration Act (FAA), except for small claims court eligibility.
Arbitration may be conducted in person, online, or by phone, with costs shared according to provider rules. Judgment on the arbitrator’s award may be entered in any court of jurisdiction.
This clause does not prevent WithLuv from seeking injunctive relief in court to protect its proprietary interests.
12. Indemnification
a. User Obligations
Users agree to indemnify, defend, and hold harmless WithLuv and its affiliates from claims, damages, costs, or legal fees arising from:
Use or misuse of the Service
Violations of these Terms or applicable laws
IP or privacy rights infringement
Submitted content
Fraud, misconduct, or gross negligence
b. WithLuv’s Rights
This obligation survives account termination. WithLuv may assume exclusive defense, and users must cooperate.
13. Modifications to the Service
WithLuv reserves the right to modify, suspend, or discontinue any part of the Service at any time, including features, pricing, or availability. Continued use after changes constitutes acceptance.
14. Miscellaneous
If any provision is unenforceable, the rest remain effective.
Failure to enforce a right is not a waiver.
These Terms are written in English.
WithLuv may transfer or assign its rights without restriction.
WithLuv is not liable for failures caused by circumstances beyond its control (e.g., acts of God, cyberattacks, legal restrictions).
15. Contact Us
For questions or concerns, contact us at:
hello@sendwithluv.com