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End User License Agreement

This End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and PSLoved, Inc., a New York corporation (“PSLoved”). This Agreement governs your use of the PSLoved application for Android, iOS, or any other mobile platform, as applicable (the “Application”).  

BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR DEVICE. 

  1. License. Subject to the terms of this Agreement, PSLoved hereby grants you a limited, non-exclusive, and non-transferable license to download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you. 
  1. Restrictions. You understand and agree that you shall only use the Application in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Application. Except as may be expressly permitted by applicable law or expressly authorized by the Application, you shall not: 
  1. copy the Application; 
  1. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application; 
  1. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; 
  1. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application; 
  1. rent, lease, lend, sell, sublicense, assign, distribute, publish, or transfer, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at a time, any feature or functionality of the Application,;  
  1. use any robot, spider, crawler or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application; 
  1. use any manual process to monitor or copy any of the material on the Application, or for any other purpose, without PSLoved’s express written consent; 
  1. frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application, website, or service; 
  1. use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party’s use of the Application; or 
  1. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features of the Application. 
  1. Title. PSLoved retains all rights, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto. You do not acquire any ownership interest in the Application or any other rights thereto other than a license use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions under this Agreement. 
  1. Payment. If you purchase any of the paid features available through the Application, you agree to pay the applicable fees and taxes through our third-party payments processor. You further agree that (a) your purchase may be subject to foreign exchange fees or differences in prices based on location; (b) if you purchase a subscription, your payment method will automatically be charged at the start of each subscription period, and (c) we may calculate taxes payable by you based on the billing information provided at the time of purchase. 
  1. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, PSLoved may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using some or all of the Application, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and/or providing information to or through this Application, you consent to all actions taken by us with respect to your information that are compliant with the Privacy Policy. 
  1. Notices and Messages. You agree that PSLoved may send notices and messages to you within the Application and to any contact address. You agree to keep your contact information up to date, and further acknowledge that providing current contact information is required for the Application to function properly. 
  1. Content and Services. The Application may provide you with access to PSLoved’s website located at www.psloved.com (the “Website“) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services“). Your access to and use of such Content and Services, and of the Application generally, are governed by Website’s Terms of Use and Privacy Policy located at https://psloved.com/terms-of-use/ and https://psloved.com/privacy-policy/, which are incorporated herein by this reference. Your access to and use of such Content and Services, and of this Application, may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement. 
  1. Sharing; General. The Application allows sharing of information via your profile, posts, and messaging. Information and content you share or post may be seen by users of the Application and others (including off the Application). We are not obligated to publish any information or content and can remove it with or without notice. 
  1. Vault. Certain features of the Application will only function as intended if you provide us with certain sensitive personal information, which we store in our “Vault” until needed. PsLoved takes the security of your information very seriously, and has contracted with Microsoft Azure to provide storage and security for the Vault. Mirosoft Azure’s privacy and security policies may be accessed at https://privacy.microsoft.com/en-us/privacystatement and https://privacy.microsoft.com/en-US/data-privacy-notice.  Notwithstanding any security measures put in place by PSLoved or Microsoft Azure’s by using our Vault or providing us with sensitive personal information, you hereby consent to our storage and use of such data in accordance with our Privacy Policy, and acknowledge that information you place in the Vault may, despite the best efforts of PSLoved and Microsoft Azure, become public or otherwise subject to a breach. TO THE EXTENT THAT YOU INCLUDE THE PERSONAL, FINANCIAL, OR OTHER INFORMATION OF ANY THIRD PARTIES IN THE VAULT, OR OTHERWISE PROVIDE SUCH INFORMATION TO US INCIDENT TO PERFORMANCE OF THE SERVICES, YOU HAVE RECEIVED WRITTEN PERMISSION FROM SUCH THIRD-PARTY TO INCLUDE SUCH INFORMATION IN THE VAULT. 
  1. Other Content. By using the Application, you may encounter information or content that is inaccurate, incomplete, misleading, illegal, offensive, or otherwise harmful. PSLoved does not typically review content submitted to or posted on the Application. You agree that PSLoved is not responsible for others’ content and information.  
  1. PSLoved License. As between you and PSLoved, you own all content and information that you submit or post to the Application, and you hereby grant PSLoved and its affiliates a non-exclusive, transferable, and sublicensable license to use, copy, modify, distribute, publish, and process information and content that you provide without any further consent, notice, or compensation to you or others. By submitting suggestions or other feedback regarding the Application, you agree that PSLoved can use and share such feedback for any purpose without compensation to you. You agree to only provide content or information that does not violate the law or anyone’s rights (including, without limitation, intellectual property rights). You further agree that all personal information provided will be truthful. PSLoved may remove any content or information in its sole discretion and may be required by law to remove certain information or content in certain jurisdictions. 
  1. Limits. PSLoved reserves the right to limit your use of the Application or to restrict, suspend, or terminate your account if you breach this Agreement or the law or are misusing the Application in PSLoved’s sole discretion. 
  1. Geographic Restrictions. The Content and Services are based in the state of New York in the United States and initially intended for access and use by persons located in the United States(the “Designated Countries”). You acknowledge that you may not be able to access all or some of the Content and Services outside of the Designated Countries and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the Designated Countries, you are responsible for compliance with local laws. 
  1. Age Restrictions. This Application is strictly intended for use by users that have reached the age of majority (18, in the United States) in the jurisdiction where this Application is being accessed from. If you are not of the age of majority, delete this Application. If you learn of the use of this Application by an individual not of majority age, please notify us at Help@PsLoved.com and we will take prompt corrective action. We reserve the right to take any action necessary, including termination, towards any account controlled or used by an individual not of majority age. 
  1. Updates. PSLoved may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that PSLoved has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either: 
  1. the Application will automatically download and install all available Updates; or 
  1. you may receive notice of or be prompted to download and install available Updates. 

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement. 

  1. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials“). You acknowledge and agree that PSLoved is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. PSLoved does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.  

For greeting card deliveries, PSLoved works with Cardly as a third-party service provider. Use of any Application features for greeting cards are subject to Cardly’s privacy policy and terms of use found at www.cardly.net and available via the following links: Cardly Terms and Conditions Cardly Privacy Policy.  

For flower deliveries, PSLoved works with FloristOne as a third-party service provider. Use of any Application features for flower deliveries are subject to FloristOne’s privacy policy and terms of use found at www.floristone.com and available via the following link: FloristOne Privacy Policy. 

For payment processing, PSLoved works with PayPal as a third-party service provider. Use of any Application features for payment are subject to PayPal’s privacy policy, terms of use, and user agreements found at paypal.com and available via the following link: PayPal User Agreements 

  1. Term. The term of Agreement commences when you download the Application and will continue in effect until terminated by you or PSLoved as set forth in this Agreement. 
  1. Termination. You may terminate this Agreement by deleting the Application and all copies thereof from your device. PSLoved may terminate this Agreement at any time without notice if it ceases to support the Application, which PSLoved may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement, or otherwise at PSLoved’s sole discretion. Upon termination: 
  1. all rights granted to you under this Agreement will also terminate; and 
  1. you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account. 

Termination will not limit any of PSLoved’s rights or remedies at law or in equity. As it is possible to lose access to your Vault on termination, PSLoved strongly recommends regularly backing up the information in your Vault. 

  1. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PSLoved, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, PSLoved PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 

  1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PSLoved OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR: (A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. 

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR PSLoved WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 

  1. Indemnification. You agree to indemnify and hold harmless PSLoved and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application and including, for the avoidance of doubt, the failure to require third-party consents before providing such third parties’ personal information through our Application. 
  1. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. 
  1. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in Suffolk County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 
  1. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 
  1. Entire Agreement. This Agreement, the Terms of Use, and our Privacy Policy constitute the entire agreement between you and PSLoved with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. 
  1. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern. 
  1. Changes. We may modify this Agreement, the Terms of Use, and the Privacy Policy from time to time. If we make material changes, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may delete the Application. Your continued use of the Application after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date. 
  1. Contact Us. Please feel free to contact us at Help@PsLoved.com or mail P.O. Box 939, 55 Gerard St, Huntington, New York 11743 with questions related to this Agreement