Terms of Service

Last Revised:  5/11/26

These Terms of Service (the “Terms”) are entered into between you (“you,” or “your”) and ForEverUs In Love (“ForEverUs,” “we,” “us,” and “our”).  These Terms govern your access to and use of ForEverUs services, including any content or functionality offered on or through the services, mobile applications, and online platform, that are owned or operated by, or on behalf of, ForEverUs and where these Terms are linked (collectively, the “Services”). The Services are published, owned, and operated by ForEverUs. 

By accessing, browsing, submitting information to and/or using the Services, or by checking the checkbox or selecting ACCEPT when completing an Order or Subscription purchase, you agree and acknowledge on your own behalf that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives.  If you do not agree to these Terms, please do not use the Services.

These Terms are incorporated by reference and should be read in conjunction with our Privacy Policy  and Guidelines.

1.     THE SERVICES

The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our Services. We do not warrant the accuracy, completeness, or usefulness of this information at any particular time.  Any reliance you place on such information is strictly at your own risk. ForEverUs disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by ForEverUs through the Services shall be handled in accordance with our Privacy Policy.

The Services may be used in conjunction with third-party products, applications, or services. ForEverUs does not control or assume responsibility for any third-party offerings. You are solely responsible for reviewing, understanding, and complying with all applicable terms, conditions, and policies of such third parties. Your use of third-party products or services is at your own risk.

2.     USE OF THE SERVICES; ELIGIBILITY; VERIFICATION

To access or use the Services, you must be at least 18 years of age or the age of majority in your jurisdiction, if older, and not prohibited from doing so by applicable law. Provided that you pay all the required fees under these Terms and comply with all other terms of these Terms, ForEverUs hereby grants to you a limited, non-exclusive, terminable, non-transferable right to access and use the Services pursuant to these Terms, solely for the duration of the applicable Order or Subscription, and subject to ForEverUs’s intellectual property rights in the Services. You shall not use or otherwise access the Services in a manner that exceeds your authorized use as set forth in these Terms and the applicable Order. You may not use the Services if we’ve terminated your account(s) or banned you.  You agree to use the Services only for lawful purposes, to comply with all rules governing any transactions on and through the Services, and to comply with applicable laws.

Identity verification is a mandatory condition of using the Service. The verification process may include phone and email confirmation, a live selfie/liveness check, and submission of a government-issued ID or an approved alternative. By submitting verification materials you expressly consent to the collection, processing, and limited retention of those materials and any biometric data used solely for liveness/face-matching, in accordance with our Privacy Policy and applicable law. Please note that a verification fee may be required and is a one-time payment.

Successful verification provides a “Verified” badge. If verification fails, is incomplete, or if you refuse to re-verify when requested, we may limit, suspend, or terminate your account. We may require re-verification at any time for security, legal compliance, fraud prevention, or other safety reasons.

3.     USER ACCOUNT RESPONSIBILITY

You must create an account and provide certain personal information to access most of our Services. 

●       You agree that the information you provide to us via your account(s) is accurate and that you will keep it accurate and up-to-date at all times. You agree to provide your real name and real age.

●       As further described below, you’re responsible for safeguarding your account(s), and you accept responsibility for all activities that occur via your account(s). ForEverUs disclaims any liability for third-party actions made via your account(s). You agree to notify us immediately if you suspect any unauthorized use of your account(s) or access to your password(s). 

●       In order to provide you with access to features across our Services, we may create and link different services’ accounts for you.

●       You agree not to share your account, login information, or access credentials with any other individual or entity. Unauthorized sharing or use of your account may result in suspension or termination of your access to the Service, without notice. We reserve the right to monitor account usage and take appropriate action to enforce these Terms.

When you set up an account to access the Services, we create a profile for you that will include the personal information you provide. You can read more about how we collect and process your data in our Privacy Policy.

YOU ARE RESPONSIBLE FOR ANY ACTIVITY OCCURRING THROUGH THE ACCOUNTS, INCLUDING UNAUTHORIZED ACTIVITY AND THE PROCESSING OF ANY PERSONAL INFORMATION, AND YOU ARE RESPONSIBLE FOR ANY BREACH OF THESE TERMS.

Depending on which Services you elect to receive, you may be required to agree to additional terms or end user license agreements (“EULA”) applicable to the subject Services. Such EULA may be in the form of a “click-through” license or terms of use accessible through or otherwise made available on our Services or in such other form as ForEverUs deems advisable. 

4.     TERM

These Terms shall continue for as long as any applicable Orders or Subscriptions are in effect (the “Term”), unless sooner terminated pursuant to these Terms. Unless otherwise stated in the Order, you shall pay for the Services on a monthly basis and can cancel the Services at any time. Unless otherwise provided in these Terms, upon your cancellation of the Services, your access to the Services will terminate at the end of your current Term.

5.     ORDERS; SUBSCRIPTIONS; RENEWALS; CANCELLATIONS

Orders will be initiated when you submit an order or purchase a Subscription (defined below) on our website or mobile applications (collectively, an “Order”). By placing an Order, you affirm that you are of legal age to enter into a binding agreement for the Services, and acknowledge that you are bound by these Terms. You may not use the Services if you (a) do not agree to these Terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with ForEverUs, or (c) are prohibited from accessing or using the Services by applicable law.  Each Order is subject to, governed by, and incorporates by reference, these Terms. To the extent these Terms contradict any terms in any applicable Order, these Terms shall control.

ForEverUs provides numerous service options on the Services. Certain service options may be provided free of charge, while other options require subscription payments before they can be accessed (“Subscriptions”). ForEverUs may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. ForEverUs is not responsible for the products and services provided by such third parties. From time to time, ForEverUs may offer trials of its paid subscriptions for a specified period without payment or at a reduced rate. The term of a Subscription shall be set forth in the applicable Order. IF YOUR SUBSCRIPTION IS MONTHLY, YOUR SUBSCRIPTION WILL BE VALID FOR A PERIOD OF A MONTH AND WILL AUTOMATICALLY RENEW UNTIL CANCELLED BY YOU. IF YOUR SUBSCRIPTION IS YEARLY, YOUR SUBSCRIPTION WILL BE VALID FOR A PERIOD OF ONE YEAR AND WILL AUTOMATICALLY RENEW UNTIL CANCELLED BY YOU.  

If a trial requires the submission of valid payment information, the Subscription will automatically convert to a paid Subscription at the end of the trial period. Unless the user cancels the Subscription before the trial ends, the payment method on file will be charged the applicable regular Subscription fee for the selected plan, plus any applicable taxes, at the conclusion of the trial period.

Please note that even for trial periods, you are required to verify your identity. To that end, for all verifications:

  • A mandatory verification fee is require
  • The fee is a one-time payment.
  • The fee may also apply for trial periods. 

If you choose to cancel your Subscription, your access to the Services and all associated features will remain active until the end of your current billing period, such as monthly or yearly. After your renewal date, your access to the Services will be discontinued, and you will no longer be able to use the Services. If you purchased a Subscription in our Application and through a third party, such as through the Apple App Store or the Google Play Store, you will fall under their store policies, including any refund or return policies. You can also cancel the Services by contacting us using the contact information provided below.

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 SERVICES) 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 THE COMPANY NOTICE IN THE SAME MANNER AS YOU REQUEST A REFUND.

For subscribers residing in the EU, EEA, UK, and Switzerland:

IN ACCORDANCE WITH LOCAL LAW, YOU ARE ENTITLED TO A FULL REFUND DURING THE 14 DAYS AFTER THE SUBSCRIPTION BEGINS. PLEASE NOTE THAT THIS 14-DAY PERIOD COMMENCES WHEN THE SUBSCRIPTION STARTS.

For subscribers residing in Germany:

YOU MAY TERMINATE YOUR SUBSCRIPTION AFTER IT HAS RENEWED WITH A NOTICE PERIOD OF ONE MONTH. YOUR RIGHT TO TERMINATE FOR CAUSE REMAINS UNAFFECTED.

6.     PROHIBITED USES

You may not use any of our Services in the following ways:

a.      In any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of it;

b.     Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services;

c.      Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services, or any part thereof;

d.     Attempt to gain unauthorized access to any Services account, computer systems or networks associated with ForEverUs or Services;

e.      Obtain or attempt to obtain any materials or information through the Services by any means not intentionally made available or provided by ForEverUs;

f.      Use any robot, spider, or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material;

g.     Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

h.     Attack the Services via a denial-of-service attack or a distributed denial-of-service attack;

i.       Impersonate or attempt to impersonate ForEverUs, a ForEverUs employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);

j.       Engage in sexual activity with minors or solicit minors; any such conduct will be reported to authorities;

k.     Share another user’s private information or intimate images without their consent;

l.       Solicit money, gifts, or financial information from other users, or engage in fraud, extortion, romance scams, or other exploitative conduct;

m.   Post or upload any materials, that harass, bully, defame or threaten any specific individual;

n.     Post or upload any materials that infringe on the intellectual property rights of others, including any copyrighted or trademarked materials, on the Services;

o.     Post or upload any materials that are, or promote activities that are, illegal or are against the laws and regulations of the jurisdictions in which you operate, do business, or access the Services.

ForEverUs has a zero tolerance policy for any materials that constitute, in our sole discretion, harassment, stalking, racism, obscene content, discrimination or any other offensive content of any kind.  At our sole discretion, we may suspend, terminate or permanently ban your access to the Services for any violation of this zero tolerance policy.  Additionally, you may not post or upload any materials, that promote self-harm. For more information, please see our Guidelines .

All members must comply with the rules described and referenced in these Terms and our Guidelines. If you behave in a way that goes against such terms and guidelines, values, or otherwise act in any way we believe to be potentially harmful to ForEverUs or its members, we may take a range of actions on your account. When determining the penalty for violating our community guidelines, we consider a number of factors. We may: (i) remove the content; (ii) issue a warning; or (iii) ban the offending member. When necessary, we also may cooperate with law enforcement to assist in potential criminal investigations related to member conduct. Your treatment towards others outside of the Services can also result in action against your account.

FEES AND EXPENSES

You shall pay the fees as set forth on the Order in order to obtain access to the Services (the “Fee(s)”).  Unless otherwise specified in the applicable Order, ForEverUs will automatically withdraw the Fees of the Services on a monthly basis from your specified financial account, credit or debit card, or other payment method. Except as otherwise provided in these Terms, all amounts payable for the Services pursuant to an Order are non-cancelable and non-refundable. You agree to pay invoiced Fees in U.S. dollars. You represent and warrant that (i) the credit or debit card information or other payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment information for the purchase, (iii) charges incurred by you will be honored by your financial institution, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

We reserve the right to modify, update, or change our fees, subscription rates, and any other associated costs at any time, at our sole discretion, including membership fees. Notwithstanding anything to the contrary, upon providing 30 days prior notice to you, ForEverUs shall be permitted to increase the current Subscription fees. Any changes will be effective immediately upon posting, unless otherwise stated. Continued use of our Services after such changes constitutes your acceptance of the revised fees and charges. It is your responsibility to review the Terms periodically for any updates.  

7.     TAXES

You shall be responsible for all taxes, including, without limitation, sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by you hereunder; provided, that, in no event shall you pay or be responsible for any taxes imposed on, or regarding, ForEverUs’s net income.

8.     GIFT PRODUCTS

By enabling the gift delivery feature, you consent to ForEverUs collecting, storing, and processing your shipping address solely for the purpose of fulfilling physical gift orders placed through the official ForEverUs catalog. The user may disable the gift delivery feature or delete their shipping address at any time through their account settings. ForEverUs will not retain, use, or process shipping address information without your consent.

A summary of our gifting terms:

  •    All gift purchases are final and non-refundable.
  •      Once an order has been processed, returns, exchanges, or cancellations are not permitted.
  •      We are not liable for any delivery delays or issues arising from third-party providers.

The gift delivery feature may be used exclusively to purchase and send products offered through the official ForEverUs catalog. The submission, shipment, or facilitation of external, unauthorized, or user‑supplied items through the Services is strictly prohibited. ForEverUs reserves the right to review the written content of any gift card or accompanying message for the limited purpose of preventing abusive, harmful, unlawful, or otherwise inappropriate content, in accordance with these Terms and applicable Guidelines.

Your shipping address shall not be disclosed, displayed, or otherwise made accessible to other users of the Services. All physical gift shipments shall originate from a designated commercial address utilized by ForEverUs. Shipping information and related personal information shall be encrypted and processed in compliance with applicable federal and state privacy and data protection laws within the United States.

ForEverUs reserves the right, in its sole discretion, to suspend, restrict, or permanently revoke your access to the gift delivery feature in the event of suspected or confirmed fraudulent activity, misuse, harassment, or any violation of these Terms, the Guidelines, or applicable law.

ForEverUs shall not be liable for delays, delivery failures, loss, damage to items, or other issues arising from the actions or omissions of third‑party carriers or circumstances beyond ForEverUs’ reasonable control. You acknowledge and agree that, once a gift order is transferred to a shipping carrier, responsibility for delivery, handling, and transit lies with such carrier.

Once a gift order has been processed for shipment, it may not be canceled. Users must contact ForEverUs customer support to address disputes, delivery concerns, or questions related to gift orders.

To promote accurate and authorized deliveries, users are responsible for reviewing and confirming their shipping address prior to completing each gift order. ForEverUs reserves the right to request additional verification or take appropriate protective measures if inconsistencies, errors, or potential security risks are identified.

9.     ADDITIONAL GIFT TERMS

No Ownership, Entitlement, or Guaranteed Interaction. Gifts made available through the Services are voluntary, discretionary gestures between users. Sending a gift does not create or imply any ownership interest, contractual right, entitlement, expectation, or guarantee of continued communication, interaction, affection, attention, or relationship with the recipient. Recipients are under no obligation to respond to, acknowledge, accept, or reciprocate any gift. Gifts are non‑transferable and, except as expressly required by applicable law, non‑refundable.

Romance Scams; Fraud; Financial Exploitation. Gifts may not be used as a means to pressure, coerce, manipulate, exploit, or deceive other users. Any attempt to induce gifting through misrepresentation, emotional manipulation, promises of romance, financial gain, or other deceptive practices is strictly prohibited. ForEverUs reserves the right, in its sole discretion, to monitor gifting activity, impose limits, delay or block delivery, suspend gifting privileges, or take account‑level enforcement actions where we suspect fraud, harassment, romance scams, financial exploitation, or other misuse of the Services.

Virtual Items; No Monetary Value. To the extent gifts, credits, tokens, or similar items are virtual or digital in nature, they have no cash value, are not legal tender, and may not be exchanged, resold, transferred, refunded, or redeemed for money or any monetary equivalent. Virtual items do not constitute property, stored value, or prepaid access to funds. All virtual items are licensed for use solely within the Services, subject to these Terms.

Pricing; Availability; Changes. Prices, available gift items, descriptions, and features are subject to change at any time without prior notice, except as required by applicable law. ForEverUs does not guarantee the availability of any specific gift item or price. Applicable taxes, delivery fees, or other charges may be added at checkout. Continued use of the gift features after any change constitutes acceptance of the updated pricing or availability.

No Circumvention. Users may not attempt to circumvent gift‑related limits, safeguards, or moderation controls, including by creating multiple accounts, using third parties, or engaging in any behavior designed to bypass fraud, safety, or compliance measures.

10.  THIRD-PARTY WEBSITES

The Services may contain links to websites and platforms controlled or operated by persons and companies other than ForEverUs (“Linked Sites”). Linked Sites are not under the control of ForEverUs, and ForEverUs is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. ForEverUs is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site.  ForEverUs is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ForEverUs of the site or any association with its operators.  You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites.  You are solely responsible for any dealings with third parties who support ForEverUs or are identified in the Services, including any delivery of and payment for goods and services.

11.  THIRD-PARTY APPLICATIONS

You acknowledge that your access and use of any third-party applications or software on the Services and Content (the “Third-party Applications”) is at your discretion and risk, and ForEverUs has no liability to you arising from your use of the Third-party Applications.  ForEverUs hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold ForEverUs harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with your use or performance of the Third-party Applications.

12.  INTELLECTUAL PROPERTY NOTICES

The Services and the data, material, content or information therein (collectively, the “Content”), are protected by copyrights, trademarks, or are subject to other proprietary rights.  Accordingly, you are not permitted to use the Services or Content in any manner, except as expressly permitted by ForEverUs in these Terms. The Services and Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of ForEverUs or applicable owner. You acknowledge and agree that ForEverUs retains sole and exclusive ownership of all right, title, and interest in and to: (i) ForEverUs’s intellectual property; and (ii) the Services (including any pre-existing software, know-how, methodologies, and data), including any modification, improvement, enhancement, or configuration made to the Services, regardless of who creates, suggests, and/or contributes in any such modification, improvement, enhancement, or configuration.

Your Content.  You acknowledge that your use of the Services may require the processing and transmission of Your Content to ForEverUs. The Services include a public community, so Your Content may be visible to other users of the Services. You shall own all title, intellectual property and contractual rights in and to sharing the Your Content with ForEverUs. Notwithstanding the foregoing, when you upload, submit, or store Your Content through the Services, you grant ForEverUs a worldwide license to use, host, store, reproduce, modify, and create derivative works from the Your Content to provide, support, and improve the Services. ForEverUs is not responsible for any electronic communications and/or Your Content which are delayed, lost, altered, intercepted or stored during the transmission of any data by means of third party networks (other than third parties providing computing or storage services under these Terms on behalf of ForEverUs). You represent and warrant that you have all necessary rights in, and obtained all necessary consents to, the Your Content to grant ForEverUs the rights granted under this Section. Notwithstanding anything to the contrary in these Terms, you authorizes and agrees that ForEverUs may collect or create de-identified or aggregated data and such de-identified or aggregated data shall be the property of ForEverUs.  Your Content must comply with our Guidelines.  We do not have any obligation to store Your Content.

You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Services. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, ForEverUs or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use. 

13.  DIGITAL MILLENIUM COPYRIGHT ACT

Notification.  We take claims of copyright infringement seriously.  We will respond to notices of alleged copyright infringement that comply with applicable law.  If you believe any materials accessible on or from the Services infringes your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent (designated below).  In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the service are covered by a single notification, a representative list of such works from the service;

(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ForEverUs to locate the material;

(iv) information reasonably sufficient to permit ForEverUs to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) a statement that the complaining party has 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;

(vi) a statement that the information in the notification is accurate; and

(viii) under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.  Upon removing any allegedly infringing material, ForEverUs will notify the alleged infringer of such takedown.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter Notification.  If you elect to send our copyright agent a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):

(i) a physical or electronic signature;

(ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(iii) a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(iv) adequate information by which we can contact you, including your name, address, and telephone number; and

(v) a statement that the subscriber consents to the jurisdiction of a federal district court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which ForEverUs may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your counter notice.  Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

You can contact ForEverUs’ designated copyright agent or authorized official at: support@foreverusinlove.com  

A summary of the DMCA can be obtained from the U.S. Copyright Office.

14.  LOCATION OF SERVICES

ForEverUs is located in the United Sates. We make no claims that the Services or any of its contents are accessible or appropriate in every country. Access to the Services may not be legal by certain persons or in certain countries.

15.  DISCLAIMER

THE SERVICES, APP, WEBSITE, CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES.

SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT THE SERVICES, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. FOREVERUS IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. FOREVERUS DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.

16.  LIMITATION OF LIABILITY

NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.

THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICES OR CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICES.

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.

 

17.  INDEMNIFICATION

All the actions you make and information you post on the Services remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

  1. any negligent acts, omissions or willful misconduct by you;
  2. your access to and use of the Services;
  3. the uploading or submission of Your Content to the Services by you;
  4. any breach of these Terms or our Guidelines by you; and/or
  5. your violation of any law or of any rights of any third party.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.

The foregoing provision does not require you to indemnify ForEverUs for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.

 

18.  SUSPENSION OF SERVICES

Notwithstanding the foregoing, ForEverUs may, at its sole discretion, temporarily suspend your access to any portion or all of the Services if: (i) ForEverUs reasonably determines that there is a threat or attack on any of ForEverUs’s intellectual property; (ii) ForEverUs’s provision of the Services to you is prohibited by applicable law; or (iii) ForEverUs concludes that your use of the Services is in violation of these Terms or is causing immediate, material, and ongoing harm to ForEverUs or any other individual or entity.

19.  MOBILE APPLICATION LICENSE

If you are using an iOS or Google Android version of one of our mobile applications (“App”), this section also applies to you. Apple and Google are not parties to these Terms. They

  •      do not own and are not responsible for the App;
  •      do not provide any warranty for the App; and

 are not responsible for maintenance or other support services for the App and are not be responsible for any claims, losses, liabilities, damages, costs, or expenses with respect to the App, including, without limitation, any third-party claims (including intellectual property claims), product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirements, claims arising under consumer protection, privacy or similar legislation, or claims relating to intellectual property infringement.

We grant you a nonexclusive, non-transferable, limited, and revocable-at-any-time license to access and use the App in accordance with the Apple Media Terms of Service, Google Play Terms of Service, and other applicable terms, as updated from time to time. Apple, Google, and their subsidiaries are third party beneficiaries of these Terms. They may have the right to enforce the Terms against you. ForEverUs may enter into, rescind, or terminate these Terms, vary them, waive them, or settle under these Terms without the consent of any third party. You are responsible for complying with applicable third-party agreements. You are responsible for checking with your mobile carrier to determine if the App is available for your mobile devices, what restrictions may be applicable to your use of the App, and how much such use will cost you. You shall use the App in accordance with these Terms. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You may direct any questions, concerns, or complaints about the App to ForEverUs by using the contact information in the “You may contact us with your questions or concerns” section of these Terms.

20.  DISPUTE RESOLUTION; ARBITRATION

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

If a dispute arises, our goal is to provide you a neutral and cost-effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against us, you agree to try to resolve the dispute by contacting us via email at support@foreverusinlove.com. Before we file a claim against you, we agree to contact you at the email address associated with your account, or by the means otherwise provided by you. If the dispute is not resolved within 30 days of notice, either you or ForEverUs may bring a formal proceeding pursuant to the following procedures:

(a)   GENERAL. YOU AGREE THAT YOU AND FOREVERUS WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO FOREVERUS OR YOUR USE OF OUR SERVICES, INCLUDING THESE TERMS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, including any claim that all or any part of this agreement to arbitrate is void or voidable, or whether a claim is subject to arbitration.

ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

(a)   ARBITRATION SERVICES AND RULES. The American Arbitration Association (“AAA”) will administer the arbitration using the AAA procedures and rules in effect on the date the Arbitration is filed (“AAA Rules”). In the event the AAA Rules are inconsistent with this agreement to arbitrate, this agreement to arbitrate will prevail. AAA is independent from us, and you may obtain copies of the current AAA Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting AAA at 2301 Blake Street, Suite 100, Denver, CO 80205 or http://adr.org.

(b)   LOCATION OF ARBITRATION. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules, and any in-person hearing will be held in Dallas, Texas.

(c)   EXCEPTIONS TO ARBITRAL CLAIMS. Either you or we may bring claims to enforce intellectual property rights, or in response to any allegations or charges of criminal activity, without first engaging in arbitration or the informal dispute resolution described in this section.

(d)   CLASS ACTION WAIVER. YOU AND FOREVERUS 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. YOU FURTHER AGREE WITH US THAT NEITHER YOU NOR WE WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR WE WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this agreement to arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. 

(e)   NO RIGHT TO JURY TRIAL. YOU AND FOREVERUS ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.

(f)    OPT-OUT. Updates to these Terms do not provide a new opportunity for you to opt out of arbitration if you previously agreed to a prior version of these Terms containing an arbitration provision and did not validly opt out of arbitration.

a.      Previous or existing users. Users who previously agreed to arbitrate may reject this updated arbitration agreement by following the opt-out method below, but such users will still be bound by the most recent prior version of the arbitration agreement and will otherwise be bound by these Terms. Previous or existing users who do not opt out of this updated arbitration agreement will be bound by this arbitration agreement and it shall apply to all disputes between such users and ForEverUs, including those arising (but not actually filed in arbitration) before the effective date of these Terms. Arbitration demands that have already been actually filed with an arbitration provider before the effective date of this arbitration agreement and in compliance with a prior version of this arbitration agreement are subject to the prior version’s terms.

b.     New users. Users who create an account for the first time on or after the Last Revised Date may opt out of this arbitration agreement within 31-days of accepting these Terms or creating an account.

c.      Method and impact of opting out. Subject to the above, you may opt out of this arbitration agreement by sending written notice of your decision to opt out to: support@foreverusinlove.com, within 31 days after first becoming subject to this arbitration agreement. Your notice must include your name, your username (if any), the email address and/or phone number you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. If you opt out of this arbitration agreement, all other parts of the Terms and any other agreements between you and ForEverUs will continue to apply to you. Opting out of this arbitration agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

(g)   SEVERABILITY; SURVIVAL. If any part or parts of this arbitration agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the arbitration agreement shall continue in full force and effect. If a court decides that any of the provisions in the arbitration agreement above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the arbitration agreement shall be arbitrated under its terms. The terms of this arbitration agreement will continue, even after termination of these Terms or your account.

21.  GOVERNING LAW AND VENUE

Except to the extent subject to the agreement to arbitrate above or as preempted by the Federal Arbitration Act, all claims subject to these Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of the Services, shall be governed by the laws of the State of Texas, without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. These claims or disputes shall be brought and litigated exclusively in the state or federal courts located within Dallas, Texas.

22.  EU AND UK RESIDENTS

For users residing in the European Union (EU), you have additional rights under the Digital Services Act to: (i) access third party out-of-court dispute settlement processes; (ii) seek remedies from the courts in the EU member state in which you live; and (iii) lodge a complaint with your local EU regulatory authority. For users residing in the United Kingdom (UK), you have a right under local law to bring a claim for breach of contract if you believe we have breached these Terms by removing, restricting or limiting access to, or distribution of, Your Content, or suspending or terminating your account.

23.  LIMITATION ON TIME TO FILE CLAIMS

Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

24.  CHANGES TO THESE TERMS OF USE

ForEverUs may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by ForEverUs. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Services after any such change is communicated shall constitute your consent to such change(s).

25.  GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ForEverUs as a result of these Terms or use of the Services.  You may not assign these Terms without the prior written consent of ForEverUs in all instances.  ForEverUs may assign these Terms, in whole or in part, at any time.  ForEverUs’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of ForEverUs’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by ForEverUs with respect to such use. 

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect. 

These Terms, including the Privacy Policy, Guidelines, and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and ForEverUs with respect to the Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and ForEverUs. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

26.  FOREVERUS CONTACT INFORMATION

We value your opinions and welcome your feedback.  To contact us about these Terms, please contact us at: support@foreverusinlove.com