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Terms of Use

Last Updated: April 27, 2026

Please read these Terms of Use (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the website located at https://lyvedating.com/ and corresponding mobile application (collectively, the “App”) offered by GMS Tech Ventures LLC (“Lyve”).

PLEASE NOTE: THE SECTION OF THESE TERMS OF SERVICE TITLED “DISPUTE RESOLUTION” CONTAINS AN ARBITRATION CLAUSE THAT REQUIRES DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS, AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS HOW DISPUTES BETWEEN YOU AND LYVE ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

  1. Agreement to Terms. By using our App, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the App..
  2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the App, for information on how we collect, use and share your information.
  3. Changes to these Terms or the App. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the App and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the App. If you continue to use the App after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the App anymore. Because our App is evolving over time we may change or discontinue all or any part of the App, at any time and without notice, at our sole discretion.
  4. Who May Use the App? You may use the App only if you are 18 years or older and capable of forming a binding contract with Lyve, and not otherwise barred from using the App under applicable law.
  5. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the App (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
  6. Payment Terms. You may be required to purchase a subscription (“Subscription”) to access certain features of the App.
    • (a) General. Lyve may offer products and services for purchase on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference. You may make an In-App Purchase through the following payment methods (“Payment Method”): (i) making a purchase through a third-party platform such as the Apple App Store and Google Play (“Third-Party Store”), or (ii) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor. Once you have made an In-App Purchase, you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.
    • (b) Subscriptions and Auto Renewal. Lyve may offer some services as automatically renewing subscriptions, e.g., a one-month subscription or one-year subscription (“Premium Services”). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT LYVE’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If Lyve changes these prices and you do not cancel your subscription, you agree that you will be charged at Lyve’s then-current pricing for your subscription. If you have a subscription that renews on an annual basis, then no less than thirty (30) days and no more than sixty (60) days before your subscription period ends, or otherwise in accordance with applicable law, Lyve will send you a reminder with the then-current pricing for your subscription. Your subscription continues until canceled by you or we terminate your access to or use of the App or subscription in accordance with these Terms.
    • (c) Canceling Subscriptions. If you purchased a subscription directly from Lyve, you may cancel or change your Payment Method via the payment settings option under your profile. If you purchased a subscription through a Third-Party Store, such as the Apple App Store or Google Play, you will need to access your account with that Third-Party Store and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not (except as set forth in the subsection titled “Refunds” below) be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the Premium Services or In-App Purchases enabled by your subscription.

      Because our App may be utilized without a subscription, canceling your subscription does not remove your profile from the App. If you wish to fully terminate your account, you must terminate your account as set forth in the section titled “Termination”. We frequently offer promotional rates that can vary based on location, length of subscription, bundle size and more. We also regularly test new features and payment options.

      Lyve reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any product, feature, service or other offering; to impose conditions on the honoring of any coupon, discount, offer or other promotion; to bar any user from making any transaction; and to refuse to provide any user with any product, service or other offering or to honor any offer.

    • (d) Free Trials. If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free-trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial. If you have previously signed up for a free trial through the Apple App Store or Google Play, you will not be eligible for another free trial and you will then be automatically signed up to a subscription and charged as described in this paragraph.
    • (e) Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.

      However:

      For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, the terms below apply:

      YOU, THE BUYER, MAY CANCEL YOUR SUBSCRIPTION, WITHOUT PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE YOU SUBSCRIBED (EXCLUDING SUNDAYS AND HOLIDAYS). IN THE EVENT THAT YOU DIE BEFORE THE END OF YOUR SUBSCRIPTION PERIOD, YOUR ESTATE SHALL BE ENTITLED TO A REFUND OF THAT PORTION OF ANY PAYMENT YOU HAD MADE FOR YOUR SUBSCRIPTION WHICH IS ALLOCABLE TO THE PERIOD AFTER YOUR DEATH. IN THE EVENT THAT YOU BECOME DISABLED (SUCH THAT YOU ARE UNABLE TO USE THE APP) BEFORE THE END OF YOUR SUBSCRIPTION PERIOD, YOU SHALL BE ENTITLED TO A REFUND OF THAT PORTION OF ANY PAYMENT YOU HAD MADE FOR YOUR SUBSCRIPTION WHICH IS ALLOCABLE TO THE PERIOD AFTER YOUR DISABILITY BY PROVIDING LYVE NOTICE IN THE SAME MANNER AS YOU REQUEST A REFUND AS DESCRIBED BELOW.

      To request a refund: In addition to canceling, eligible subscribers must request a refund to receive one.

      If you subscribed using your Apple ID, refunds are handled by Apple, not Lyve. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem.” You can also submit a request at Apple Support.

      For all other purchases: please contact customer support with your order number (you can find the order number in the order confirmation email, or, if you purchased from Google Play, by logging into Google Wallet).
    • (f) Taxes. The payments required under this section titled “Payment Terms” do not include any Sales Tax that may be due in connection with the Premium Services provided under these Terms. If Lyve determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, Lyve will collect such Sales Tax in addition to the payments required under this section titled “Payment Terms.” If any Premium Services, or payments for any Premium Services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Lyve, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
  7. Your Content.
    • Posting Content. Our App may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video, as well as your geographic location as described below. Anything (other than Feedback) that you post or otherwise make available through the App is referred to as “User Content.” Lyve does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
    • Permissions to Your User Content. By making any User Content available through the App you hereby grant to Lyve a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating, improving and providing the App.
    • Location Data. The App includes features that allow users to share their real-time geographic location with the App and other users and to see the real-time geographic location of other users. To do so, the App will determine a user’s location using one or more reference points, such as GPS, Bluetooth and/or software within such user’s mobile device. By using such features, you hereby agree and consent to Lyve’s and its partners’ and licensors’ collection, use, transmission, processing and maintenance of such location data to provide such services. Such information may include, but is not limited to, your account ID, name, and the geographic location of your device. This information may also be shared with users to whom you have provided permission to locate you. You may withdraw your consent at any time by not using the App or by selecting the option in the App to not share your location. If you have done so or do not authorize the App to access your location data, you will not be able to use certain features of the App. For more about how the App uses and retains your information, please read the Privacy Policy.
    • Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the App, nor any use of your User Content by Lyve on or through the App will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    • Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the App. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
    • Lyve’s Intellectual Property. We may make available through the App content that is subject to intellectual property rights. We retain all rights to that content.
  8. Virtual Items

    At times, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to access special limited-use features from Lyve, referred to here as “Virtual Items.” You can only purchase Virtual Items through Lyve or Lyve’s partners. Virtual Items represent a limited license right governed by these Terms, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. These Terms, and your purchase of Virtual Items, does not constitute the sale of any rights in Virtual Items.

    Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead shows the extent of your license to access Virtual Items. Virtual Items do not incur fees for non-use. Your license in Virtual Items will terminate on the earlier of Lyve ceasing provision of services or your account closing or terminating. Lyve may also at times provide Virtual Items as bonuses to, or parts of, paid subscriptions for its services. Your ability to use Virtual Items you have access to in this manner may terminate at the end of each of your subscription periods and your access to Virtual Items may not “roll over” or accumulate through additional subscription periods. Your access to Virtual Items gained through subscriptions may also end if you cancel your subscription.

    Lyve, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. Lyve may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items and Lyve shall have no liability to you for doing so. You shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the App.

    ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE APP ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT LYVE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
  9. Rights and Terms for Apps.
    • App License. If you comply with these Terms, Lyve grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal mobile device and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
    • Additional Information: Apple App Store. The following applies to any mobile application you acquire from the Apple App Store (the “Apple Application”): You acknowledge and agree that these Terms are solely between you and Lyve, not Apple, Inc. or any of its affiliates (collectively, “Apple”) and that Apple has no responsibility for the Apple Application or content thereof. Your use of the Apple Application must comply with the then-current App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Application. In the event of any failure of the Apple Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple Application to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Lyve as provider of the App.

      You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple Application or your possession and/or use of the Apple Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Lyve as provider of the App. You acknowledge that, in the event of any third-party claim that the Apple Application or your possession and use of that Apple Application infringes that third party’s intellectual property rights, Lyve, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Lyve acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as they relate to your license of the Apple Application, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as they relate to your license of the Apple Application against you as a third-party beneficiary thereof.
    • Additional Information: Google Play. The following applies to any mobile application you acquire from Google Play (the “Android Application”): (i) you acknowledge that these Terms are between you and Lyve only, and not with Google LLC or any of its affiliates (collectively, “Google”); (ii) your use of the Android Application must comply with Google’s then-current Google Play Terms of Service; (iii) Google is only a provider of Google Play where you obtained the Android Application; (iv) Lyve, and not Google, is solely responsible for its Android Application; (v) Google has no obligation or liability to you with respect to Android Application or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to Lyve’s Android Application.
  10. General Prohibitions and Lyve’s Enforcement Rights. You agree not to do any of the following:
    • Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
    • Use, display, mirror or frame the App or any individual element within the App, Lyve’s name, any Lyve trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Lyve’s express written consent;
    • Access, tamper with, or use non-public areas of the App, Lyve’s computer systems, or the technical delivery systems of Lyve’s providers;
    • Attempt to probe, scan or test the vulnerability of any Lyve system or network or breach any security or authentication measures;
    • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Lyve or any of Lyve’s providers or any other third party (including another user) to protect the App;
    • Attempt to access or search the App or download content from the App using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Lyve or other generally available third-party web browsers;
    • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
    • Use any meta tags or other hidden text or metadata utilizing a Lyve trademark, logo, URL or product name without Lyve’s express written consent;
    • Use the App, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
    • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the App to send altered, deceptive or false source-identifying information;
    • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the App;
    • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the App;
    • Collect or store any personally identifiable information from the App from other users of the App without their express permission;
    • Impersonate or misrepresent your affiliation with any person or entity;
    • Violate any applicable law or regulation; or
    • Encourage or enable any other individual to do any of the foregoing.

      Lyve is not obligated to monitor access to or use of the App or to review or edit any content. However, we have the right to do so for the purpose of operating the App, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the App. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
  11. Interacting with Other Users on the App.

    We don’t control any of the things our users say or do, so you are solely responsible for your interactions with other users of the App.

    Lyve does not conduct criminal background or identity verification checks on its users. Though Lyve strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the App. Use your best judgment when interacting with others.

    YOU UNDERSTAND THAT LYVE DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. LYVE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. LYVE RESERVES THE RIGHT TO CONDUCT – AND YOU AUTHORIZE LYVE TO CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF LYVE DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE LYVE TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.

    YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE CANNOT AND DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE APP, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY LYVE, MAY RESULT FROM USERS ENGAGING WITH THE APP FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT OR OTHER SUCH IMPROPER BEHAVIOR.

    Though Lyve strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the App. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the App or meet in person.
  12. Procedure for Making Claims of Copyright Infringement. Lyve respects copyright law and expects its users to do the same. It is Lyve’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe any content on the App infringes the copyright in a work that you own, please submit a notification alleging such infringement (“Takedown Notice”) to Lyve in the manner described below. The Takedown Notice must include the following:
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
    • Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
    • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

      Takedown Notices should be sent to Lyve at support@lyvedating.com.
  13. Links to Third-Party Websites or Resources. The App may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
  14. Termination. We may suspend or terminate your access to and use of the App, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you.

    You may delete your account at any time by going to the “Profile” tab in the App’s mobile application, and following the instructions to terminate your account. Please note that if you delete your account, your subscription will continue until the end of the subscription period for which applicable fees have been paid, and you will not be entitled to a refund except as stated in these Terms. In addition to deleting your account, you will also need to cancel/manage any recurring subscriptions purchased via a Third-Party Store (e.g., iTunes, Google Play) to avoid additional billing.

    In the event that Lyve determines, in its sole discretion, that you have breached any portion of these Terms, have misused the App, or have otherwise demonstrated conduct that Lyve regards as inappropriate or unlawful (whether on or off the App), Lyve reserves the right to: (a) warn you via email (to any email addresses you have provided to Lyve) that you have violated the Terms; (b) delete your User Content; (c) discontinue your account; (d) discontinue your subscription(s) without refund; (e) notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (f) pursue to any other action that Lyve deems to be appropriate. You agree that all terminations for cause shall be made in Lyve’s sole discretion and that Lyve shall not be liable to you or any third party for any termination of your account.

    Termination of these Terms or your account includes the removal of access to your account, and all related information and content associated with or inside your account.

    Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any disclaimers, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
  15. Warranty Disclaimers. THE APP IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the App.
  16. Indemnity. You will indemnify and hold Lyve and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the App, (b) your User Content, or (c) your violation of these Terms.
  17. Limitation of Liability.
    • TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER LYVE NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LYVE OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
    • TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL LYVE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO LYVE FOR USE OF THE APP OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO LYVE, AS APPLICABLE.
    • THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LYVE AND YOU.
  18. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in the section titled “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Lyve are not required to arbitrate will be the state and federal courts located in Los Angeles County, California, and you and Lyve each waive any objection to jurisdiction and venue in such courts.
  19. Dispute Resolution.
    • Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the App (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Lyve agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Lyve are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
    • Exceptions. As limited exceptions to the subsection titled “Mandatory Arbitration of Disputes” above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
    • Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

      Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
    • Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
    • Injunctive and Declaratory Relief. Except as provided in the subsection titled “Exceptions” above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
    • Class Action Waiver. YOU AND LYVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
    • Severability. With the exception of any of the provisions in the subsection titled “Class Action Waiver” (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
  20. General Terms.
    • Reservation of Rights. Lyve and its licensors exclusively own all right, title and interest in and to the App, including all associated intellectual property rights. You acknowledge that the App is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App.
    • Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Lyve and you regarding the App, and these Terms supersede and replace all prior oral or written understandings or agreements between Lyve and you regarding the App. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Lyve’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Lyve may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
    • Notices. Any notices or other communications provided by Lyve under these Terms will be given: (i) via email; or (ii) by posting to the App. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
    • Third-Party Beneficiaries. Except as expressly set forth in the section above regarding the Apple Application and Android Application, you and Lyve agree there are no third-party beneficiaries intended under these Terms.
    • Waiver of Rights. Lyve’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lyve. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
  21. Contact Information. If you have any questions about these Terms or the App, please contact Lyve at support@lyvedating.com.