Terms of Service
Last Modified: December 17, 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.
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.
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.
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.
Content Ownership & Usage Rights
Users retain ownership of the content they submit to WithLuv (including messages, images, videos, voice memos, and gift messages).
By submitting content, users grant WithLuv a worldwide, non-exclusive, royalty-free license to store, host, reproduce, modify, distribute, and display such content solely as necessary to operate, improve, and promote the Service.
WithLuv does not sell user content or personal data. WithLuv may use anonymized or representative content for marketing or promotional purposes unless users opt out by contacting hello@sendwithluv.com.
Users represent and warrant that they have the necessary rights to submit their content and that such content does not violate applicable laws or third-party rights. WithLuv is not liable for claims arising from user-submitted content.
Users may request deletion of content upon account closure, subject to legal and operational retention requirements.
Nothing in these Terms obligates WithLuv to host, retain, or display any content for any period of time.
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.
Gift Cards, Purchases & Platform Fees
Certain purchases made through WithLuv, including gift cards and physical or digital items, are fulfilled by third-party providers and are subject to their separate terms and conditions.
WithLuv acts solely as a facilitator and does not guarantee availability, redemption, acceptance, or performance of third-party products or services.
Platform fees, applicable taxes, and total charges will be clearly displayed at checkout. By completing a purchase, you authorize WithLuv and its payment processors to charge your selected payment method for the full amount shown.
WithLuv is not responsible for lost, stolen, misused, or undeliverable gift cards once they have been delivered or made available to the recipient.
Payments, Billing & Chargebacks
Payments are processed by third-party payment providers (such as Stripe). Your payment information is handled directly by these providers and subject to their terms and privacy policies.
If a payment fails, is reversed, or results in a chargeback, WithLuv may suspend or cancel the associated campaign or account and recover any fees or costs incurred, to the extent permitted by law.
WithLuv reserves the right to refuse or cancel purchases suspected of fraud, abuse, or unauthorized activity.
All purchases are final once payment is successfully processed, subject only to the Refund & Cancellation Policy in Section 7.
Refund & Cancellation Policy
Refund requests must be submitted at least 72 hours before the campaign start date.
No refunds or cancellations will be processed once:
a campaign has begun;
digital goods have been delivered or made available;
gift cards have been purchased or activated, or;
third-party costs have been incurred.
Approved refunds may exclude platform fees, processing fees, chargeback fees, and third-party costs.
Refund eligibility is determined by WithLuv in its sole discretion based on campaign status and costs incurred.
Gift cards may not be exchanged for cash except where required by law.
Phone Numbers & Texting Policy
Users must provide a valid, up-to-date phone number. By providing your number, you consent to receive SMS and MMS messages related to your use of WithLuv, including transactional and account-related communications.
Message frequency varies. Standard carrier rates may apply.
Reply STOP to opt out at any time. Opting out may limit or disable core functionality of the Service.
Consent to receive messages is not a condition of purchase. Users agree to notify WithLuv if their phone number changes or is deactivated.
WithLuv is not responsible for delayed, failed, or undelivered messages.
Campaign Timing & Delivery
“Campaign Start” refers to the scheduled launch date or first scheduled delivery time selected by the user.
“Delivered” means:
“for digital items, when made available to recipient in-app or transmitted to the phone number on record;”
“for physical items, when transferred to a shipping carrier.”
Delivery dates and message timing are estimates. WithLuv is not responsible for delays caused by carriers, vendors, network providers, or events outside its control.
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.
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.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
YOU ARE RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR ACCOUNT AND PASSWORD. COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE FROM YOUR FAILURE TO MAINTAIN THE SECURITY OF YOUR ACCOUNT OR PASSWORD. YOU ARE RESPONSIBLE FOR ALL ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT, INCLUDING ALL PURCHASES.
ADDITIONALLY, TO THE EXTENT PERMITTED BY LAW, COMPANY EXCLUDES AND DISCLAIMS ALL IMPLIED WARRANTIES FOR PRODUCTS OFFERED THROUGH THIS SITE. WITHLUV PROVIDES PRODUCTS ON AN “AS IS,” “AS AVAILABLE” BASIS. SOME STATES DO NOT PERMIT THE EXCLUSIONS OF CERTAIN TYPES OF LIABILITY OR LIMITATIONS ON CERTAIN TYPES OF WARRANTIES. IF THESE STATE LAWS APPLY TO YOU, SOME OF THE LIMITATIONS AND EXCLUSIONS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS OR REMEDIES. IN NO EVENT SHALL THE COMPANY’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
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.
Third Party Services
The Service may rely on or integrate with third-party providers, including payment processors, messaging carriers, gift card vendors, printers, and shipping carriers. WithLuv is not responsible for the availability, performance, or actions of third-party services.
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.
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.
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).
Contact Us
For questions or concerns, contact us at:
hello@sendwithluv.com