Terms and Conditions

Livvi Terms and Conditions

Last Updated: August 11, 2023

1.  Acceptance of Terms

1.1.  Welcome to Livvi! The following Terms and Conditions (the “Agreement”) constitute a binding contract between you and Livvi. Throughout this Agreement, the terms “you” and “user” refers to any individual who accesses www.livvi.app or uses the services provided therein (collectively, the “Services”), and the terms “Livvi”, “we”, “us”, and “our” refer to Moxie App Technologies, Inc.

1.2.  By using the Services, you agree to be and are bound by this Agreement. This Agreement applies to anyone who accesses or uses the Services and is not limited to registered or subscribed users. If you do not accept and agree to all terms of this Agreement, you may not access the Services.

1.3.  To use Livvi's Services, you must be at least 18 years of age. By using the Service, you represent and warrant that you are at least 18 years of age.

1.4.  PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THIS AGREEMENT REQUIRES RESOLUTION OF DISPUTES THROUGH THE USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS SET FORTH IN SECTIONS 7 AND 10.1 BELOW.

YOU HAVE THE RIGHT TO OPT OUT AND NOT BE BOUND BY THE PROVISIONS REQUIRING ARBITRATION BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT BY EMAIL TO INFO@LIVVI.APP WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THIS AGREEMENT.

2.  Privacy Policy
By using Livvi's Services, you also agree to our Privacy Policy, which outlines how we collect, store, and use your personal information. Please review the Privacy Policy for more details.

3.  Changes to Terms and Conditions
Livvi may update or modify these Terms and Conditions at any time. We will post the most recent version of the Terms and Conditions to this page and may notify you by email or other communication of significant changes. Continued use of the Services after such changes is your acceptance of the revised terms.

4.  Service Overview

4.1.  Livvi operates as a platform exclusively through our website www.livvi.app, where self-identified women and nonbinary individuals can fill out an intake form to be matched with small groups of individuals with similar interests. Once matched, Livvi directs individuals to a GroupMe group chat with their matches for communication and connection.

4.2.  We facilitate introductions and connections between users, but we do not guarantee the formation or compatibility of any particular group, or the availability of any specific meetup locations. You acknowledge that any reliance on the information, recommendations, or suggestions provided through our Service is at your own risk. You are responsible for verifying the suitability, safety, and legality of any meetup locations and for taking necessary precautions to ensure your personal safety and security.

4.3.  You acknowledge and agree that any interactions, meetings, or activities that occur as a result of using our Service are solely your responsibility. You understand that we do not screen or conduct background checks on our users, and we do not routinely verify the accuracy or truthfulness of any information provided by users. We reserve the right to investigate the identity of our users at our discretion to detect and prevent fraud.

 

5.  Acceptable Use of the Services
We encourage all users to practice good manners and treat others with respect and kindness in all interactions. To maintain safety and enjoyability of the Services for all users, you agree to abide by our guidelines for acceptable use.

5.1.  By using the Services, you agree to:

  • Provide accurate and truthful information when filling out the intake form and using our platform.

  • Report inappropriate behavior, harassment, or illegal activity within the Livvi platform to the Livvi team at info@livvi.app.

  • Comply with all applicable laws and regulations in your use of the Services, or any interactions that occur as a result of using our Services, including those related to or restricting consumption of alcohol.

5.2.  By using the Services, you agree not to:

  • Engage in illegal or violent activities, or any form of harassment, hate speech, or disrespectful behavior in your use of the Services, or any interactions that occur as a result of using our Services.

  • Allow anyone other than yourself to use your Livvi account.

  • Misrepresent yourself in your use of the Services, or any interactions that occur as a result of using our Services, in regard to your identity, including in regard to age, gender identity, or affiliations.

  • Collect data from or access the Services with automated tools including robots, scrapers, and spiders.

  • Advertise any product or service on the Services, or in any interactions that occur as a result of using our Service.

  • Collect or solicit personal information from other users of the Services, for commercial or unlawful uses. 

  • Send to Livvi, or any Livvi user, spam, including messages unrelated to the Services or any messages in large volumes.

6.  Termination
We may immediately and without notice terminate the Agreement and disable your access to the Services at any time, for any reason or no reason, without explanation.  For instance, as a nonlimiting example, we may terminate the Agreement and disable your access to the Services if we determine, in our sole discretion, that (a) you have materially breached the Terms; (b) you have violated applicable laws, regulations or third-party rights; or (c) such action is needed to protect the safety or property of Livvi, other users, or third parties. Livvi has the exclusive right to control the use of the Services, including but not limited to blocking, deleting, delaying, or filtering any content, for any reason.

Provisions that, by their nature, survive termination of the 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 terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

7.  Intellectual Property
You acknowledge that the Services, including all associated intellectual property rights, are the exclusive property of Livvi.  You agree not to download, copy, use, or distribute text, images, trademarks, data or any other intellectual property of Livvi. 

8.  Warranties
THE SERVICES ARE PROVIDED "AS IS," AND LIVVI HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. LIVVI DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS, OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.

LIVVI DOES NOT MAKE ANY REPRESENTATION, WARRANTY, OR ENDORSEMENT, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEGALITY, ACCURACY, QUALITY, OR AUTHENTICITY OF CONTENT, INFORMATION, OR SERVICES PROVIDED BY THIRD-PARTY WEBSITES OR SERVICES. LIVVI DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM YOUR USE OF SUCH THIRD-PARTY WEBSITES AND SERVICES, AND YOU HEREBY WAIVE ANY CLAIM AGAINST LIVVI WITH RESPECT TO THE CONTENT OR OPERATION OF ANY SUCH THIRD-PARTY WEBSITES AND SERVICES. FOR MORE INFORMATION, REVIEW THE TERMS OF USE FOR THOSE THIRD-PARTY WEBSITES AND SERVICES.

BECAUSE SOME STATES DO NOT PERMIT DISCLAIMER OF IMPLIED WARRANTIES, YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS.

9.  Limitation of Liability
LIVVI IS NOT LIABLE—AND YOU AGREE TO HOLD LIVVI HARMLESS—FOR ANY DAMAGES RELATING TO OR ARISING FROM ANY CONTENT ON THE SERVICES, USE OF OR INABILITY TO USE THE SERVICES, ACTIONS OR INACTIONS OF USERS OF THE SERVICES, OR OTHER DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES,  INCLUDING BUT NOT LIMITED TO PUNITIVE, CONSEQUENTIAL, EMOTIONAL, OR EXEMPLARY DAMAGES, OR ANY CLAIMS BASED ON LOST PROFITS, DATA, OR GOODWILL. THIS LIMITATION APPLIES WHETHER BASED ON A CLAIM RELATED TO A WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIVVI KNEW, SHOULD HAVE KNOWN, OR WAS APPRISED OF SUCH DAMAGES.

IN NO EVENT WILL LIVVI’S AGGREGATE LIABILITY ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THE TERMS OR THE USE OF THE SERVICES EXCEED FIFTY U.S. DOLLARS.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF LIVVI SHALL BE LIMITED TO THE COST OF SERVICE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10.  Arbitration
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial or other Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

11.  Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”) by sending an email to info@livvi.app. You agree that we have the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in any changes made to the Services.

12.  Removal from System
If you wish to discontinue your participation in Livvi's platform, you can contact us through our website or by sending an email to info@livvi.app. Upon receiving such a request, we will remove your personally identifiable information from our system.  We reserve the right to retain data without personal identification related to your use of our Services. 

13.  Miscellaneous

13.1.  Governing Law. This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts.

13.2.  Severability. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

13.3.  Headings. The headings contained in these Terms are for convenience and readability purposes only, and do not limit, define, characterize, or otherwise affect the substance or scope of any portion of the Terms herein.

13.4.  Enforcement, No Waiver. Livvi’s failure to enforce any right or provision of the Terms will not constitute a waiver of future enforcement of that right or provision.

14.  Contact Us
Remember, Livvi is intended to be a safe and enjoyable platform for connecting with others. By using our Services, you agree to abide by these terms and help maintain a positive and supportive community. If you have any questions or concerns, please reach out to our support team at info@livvi.app.