LuvviCare App Terms of Service
Latest update on March 30, 2026
LUVVICARE FAMILY MOBILE APPLICATION TERMS OF SERVICE
IMPORTANT NOTICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE LUVVICARE FAMILY MOBILE APPLICATION. By checking the acceptance box and tapping “Agree and continue,” you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference.
IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT PERMITTED TO USE THE APPLICATION. In such event, you must immediately delete the App and discontinue all further access and use.
You represent and warrant that you are at least eighteen (18) years of age (or the age of majority in your jurisdiction, whichever is greater) and that you have the legal authority to enter into this agreement on your own behalf and, where applicable, on behalf of the patient described herein.
1. DEFINITIONS
In these Terms of Service, the following terms shall have the meanings set forth below:
“App” or “Family App” means the LuvviCare Family Mobile Application, available for iOS and Android devices, through which authorized family members receive communications regarding a hospitalized patient.
“Authorized User” or “you” means a parent, legal guardian, or designated family contact who has been registered by the Healthcare Facility to receive communications through the App.
“Healthcare Facility” or “Facility” means the hospital, medical center, neonatal intensive care unit (NICU), pediatric intensive care unit (PICU), or other healthcare institution that has contracted with Luvvi to use the LuvviCare platform.
“Luvvi,” “we,” “us,” or “our” means Luvvi Sarl, a company registered in Geneva, Switzerland, and its affiliates, including any subsidiary entities.
“LuvviCare Platform” means the integrated suite of applications and services operated by Luvvi, including the Healthcare Facility App, the Family App, the Web Administration portal, and associated backend infrastructure.
“Patient” means the individual (typically a newborn, infant, or young child) who is hospitalized at the Healthcare Facility and whose care is the subject of communications delivered through the App.
“Protected Health Information” or “PHI” means individually identifiable health information, including electronic PHI (ePHI), as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and “special category data” relating to health as defined under the General Data Protection Regulation (GDPR) and UK GDPR.
“Privacy Policy” means the LuvviCare Family Mobile Application Privacy Policy, as amended from time to time.
“Communications” means any content delivered to you through the App, including but not limited to text messages, photographs, video clips, audio messages, eCards, video call sessions, livestream sessions, and push notifications.
“Audio Care” means the LuvviCare feature that enables parents to record lullabies, personal messages, and stories for playback to the Patient, and that provides a curated catalog of audio content. Audio Care facilitates the recording, storage, and playback of parental voice recordings; it is not a medical service, medical device, or form of clinical treatment.
2. DESCRIPTION OF THE SERVICE
2.1 Nature of the Service
The LuvviCare Family App is a secure mobile application designed to support compliance with applicable health data protection laws, including HIPAA (United States) and GDPR (Europe/United Kingdom), when used by Healthcare Facilities in accordance with their obligations. The App enables authorized family members of hospitalized patients to:
Receive one-way messages from clinical staff, including photographs, video clips, audio messages, and eCards;
Participate in two-way video calls initiated by clinicians, functioning as a secure, compliant alternative to consumer video-calling services;
View video livestream sessions of the Patient, initiated and controlled by clinical staff;
Use the “Live Viewer’s Voice” feature during livestream sessions to speak to the Patient (one family member at a time), subject to clinician-controlled decibel monitoring;
Record lullabies, stories, and personal messages through the Audio Care feature, which the care team may play back for the Patient with your approval;
Track the Patient’s growth, milestones, and developmental progress;
Log parental contributions such as feeding, pumping, skin-to-skin sessions, and hospital visits;
Access curated educational resources on neonatal care, discharge preparation, and home safety (these resources are for general informational and educational purposes only and are not intended to diagnose, treat, or replace professional medical care or judgment); and
Receive push notifications alerting you to new messages, video calls, or livestream sessions (notification content does not include PHI).
2.2 Role of the Parties
Luvvi is a technology provider, not a healthcare provider. Luvvi does not provide medical advice, diagnosis, or treatment. All clinical communications originate from the Healthcare Facility’s authorized staff. You should not rely on any content received through the App as a substitute for professional medical advice, and you should direct all medical questions to the Healthcare Facility’s clinical team.
Under applicable health privacy laws, the Healthcare Facility is the “Covered Entity” (HIPAA) or “Data Controller” (GDPR/UK GDPR) with respect to Patient health information. Luvvi acts as a “Business Associate” (HIPAA) or “Data Processor” (GDPR/UK GDPR) and processes health information solely on the instructions of and under agreement with the Healthcare Facility.
2.3 Not a Medical Application or Medical Device
The App is not a medical application, medical device, or clinical tool. It is not intended to diagnose, treat, cure, or prevent any medical condition, and it has not been approved, cleared, or registered by any regulatory authority (including the U.S. Food and Drug Administration, the UK Medicines and Healthcare products Regulatory Agency, the European Medicines Agency, Health Canada, or the Therapeutic Goods Administration of Australia) as a medical device or clinical software.
2.4 Educational Content Disclaimer
The App may provide educational content, including articles, infographics, and videos, developed with input from licensed neonatal and pediatric healthcare professionals. This content is provided for general informational and educational purposes only.
This educational content is not intended to diagnose, treat, or replace professional medical care or judgment. LuvviCare provides general educational information only. Every child is unique — information in the App may not apply to your child’s specific condition or care plan. Always follow your healthcare team’s guidance. Your child’s doctors and nurses know your child best. If you are concerned about your child’s health, please contact them immediately.
By continuing to use the App, you acknowledge how LuvviCare is intended to support you and that it does not replace the medical care provided by your Healthcare Facility.
3. ELIGIBILITY AND REGISTRATION
3.1 Eligibility Requirements
To use the App, you must:
(a) Be at least eighteen (18) years of age, or the age of majority in your jurisdiction, whichever is greater;
(b) Be a parent, legal guardian, or authorized family contact of a Patient who is currently or was recently hospitalized at a participating Healthcare Facility;
(c) Have been authorized by the Healthcare Facility to receive Communications through the App; and
(d) Have a compatible mobile device running a supported version of iOS or Android.
3.2 Registration and Authentication
Registration is initiated by the Healthcare Facility. To complete registration, you will be required to provide your first and last name, your mobile telephone number, and certain information about the Patient (first and last name, date of birth). If you designate a secondary family contact, that person will also need to provide their first and last name and mobile telephone number.
Access to the App is authenticated via a one-time password (“OTP”) sent by SMS to your registered mobile telephone number each time you log in. This two-factor authentication mechanism is required for the security of health information delivered through the App. You agree to keep your mobile device secure and to notify the Healthcare Facility immediately if you believe your account has been compromised.
3.3 Accuracy of Information
You represent and warrant that all information provided during registration is accurate, current, and complete. You agree to promptly update any information that changes. Providing false or misleading registration information constitutes a material breach of these Terms.
4. PATIENT CONSENT AND HOSPITAL AUTHORIZATION
You acknowledge and agree to the following:
(a) The Healthcare Facility is solely responsible for obtaining all necessary patient consents and authorizations (including any HIPAA authorization or GDPR consent) before enrolling the Patient and designating Authorized Users in the LuvviCare platform;
(b) Your access to the App and to Communications containing PHI is made possible by the Healthcare Facility’s decision to use the LuvviCare platform and to authorize you as a recipient;
(c) The information you receive through the App may constitute Protected Health Information as defined under HIPAA, the GDPR, the UK GDPR, the Personal Information Protection and Electronic Documents Act (PIPEDA) of Canada, the Australian Privacy Act 1988, and other applicable data protection laws;
(d) Once information is delivered to your device, you bear responsibility for safeguarding it in accordance with Section 5 of these Terms; and
(e) The Healthcare Facility may deactivate your access at any time, including upon the Patient’s discharge, transfer, or at its sole discretion.
5. CONFIDENTIALITY OF HEALTH INFORMATION
5.1 Confidentiality Obligations
You acknowledge that Communications received through the App may contain sensitive and confidential health information about the Patient. By using the App, you agree to:
(a) Keep all Communications and their content strictly confidential;
(b) Not disclose, share, forward, distribute, or make available any Communications or their content to any person who is not an Authorized User for the same Patient;
(c) Not intentionally capture, record, or reproduce any Communications through screenshots, screen recordings, or other means, except where expressly permitted by applicable law or with the Healthcare Facility’s prior authorization;
(d) Not post, publish, or share any Communications or their content on any social media platform, website, messaging service, or any other medium, whether public or private, including but not limited to Facebook, Instagram, X (Twitter), TikTok, Reddit, YouTube, WhatsApp, or any similar service;
(e) Not use any Communications or their content for any commercial purpose; and
(f) Take reasonable measures to prevent unauthorized access to Communications stored on your device, including maintaining a device passcode, biometric lock, or other security measure.
5.2 Acknowledgment of Risk
YOU UNDERSTAND AND ACKNOWLEDGE THAT THE INFORMATION DELIVERED THROUGH THE APP MAY CONSTITUTE INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION AS DEFINED UNDER HIPAA AND OTHER APPLICABLE LAWS. ONCE THIS INFORMATION HAS BEEN DELIVERED TO YOUR DEVICE, IT MAY BE SUBJECT TO RE-DISCLOSURE AND MAY NO LONGER BE PROTECTED UNDER HIPAA OR EQUIVALENT DATA PROTECTION LAWS IF YOU SHARE IT WITH UNAUTHORIZED PERSONS.
5.3 Consequences of Breach
Any breach of the confidentiality obligations in this Section 5 constitutes a material breach of these Terms and may result in immediate termination of your access to the App. Luvvi and the Healthcare Facility reserve the right to seek injunctive relief and damages for any such breach, to the fullest extent permitted by applicable law.
6. ACCEPTABLE USE
6.1 Permitted Use
You may use the App solely for the purpose of receiving Communications from the Healthcare Facility regarding the Patient and engaging with the features described in Section 2, in compliance with these Terms and all applicable laws.
6.2 Prohibited Conduct
You agree that you will not:
(a) Use the App for any purpose that is unlawful, tortious, abusive, harassing, defamatory, obscene, or otherwise objectionable;
(b) Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the App or any part thereof;
(c) Rent, lease, lend, sell, transfer, redistribute, or sublicense the App;
(d) Use the App on any device that has been jailbroken (iOS) or rooted (Android), or that is connected through an unauthorized proxy or virtual private network that circumvents the App’s security controls;
(e) Interfere with or disrupt the integrity, security, or performance of the App or the LuvviCare platform;
(f) Upload, transmit, or introduce any malware, virus, or harmful code through or in connection with the App;
(g) Contact Luvvi for the purpose of soliciting medical information or advice — all clinical inquiries must be directed to the Healthcare Facility;
(h) Use the App while operating a motor vehicle or engaging in any activity where the use of a mobile device would be dangerous or unlawful; and
(i) Use any automated system, bot, or scraping tool to access or extract data from the App.
6.3 Livestream and Video Call Conduct
When participating in video calls or livestream sessions (including the Live Viewer’s Voice feature), you agree to:
(a) Discontinue the session immediately if requested by the Healthcare Facility’s clinical staff;
(b) Discontinue the session if a medical emergency occurs or if continuing would be unsafe for you, the Patient, or any other person;
(c) Not record, capture, or broadcast any video call or livestream session.
7. AUDIO CARE — VOICE RECORDINGS
7.1 Nature of Audio Care
The Audio Care feature is a recording and playback facilitation tool. It allows you to record lullabies, personal messages, and stories using the App, and makes those recordings available for playback to the Patient by authorized clinical staff at the Healthcare Facility, with your approval.
Audio Care is not a medical service, medical device, or form of clinical treatment. Luvvi makes no medical claims regarding the effects or benefits of Audio Care recordings or any audio content available through the App. Any decisions regarding the use of audio recordings in the Patient’s care environment are made solely by the Healthcare Facility’s clinical staff in their professional judgment.
7.2 Your Recordings — Ownership and Rights
You retain ownership of all voice recordings you create through the Audio Care feature. You may delete your recordings at any time through the App, and deleted recordings will be removed from Luvvi’s servers and from the Healthcare Facility’s access. You will be able to see how many times your recordings have been played back for the Patient.
7.3 License Grant
By creating a voice recording through the Audio Care feature, you grant Luvvi and the Healthcare Facility a non-exclusive, non-transferable, royalty-free license to:
(a) Process, optimize, encrypt, and store the recording on Luvvi’s servers in the applicable regional data center (see Section 7.5) for the purpose of making it available for playback to the Patient;
(b) Incorporate the recording into customized Audio Care playlists generated for the Patient; and
(c) Make the recording available for playback by authorized clinical staff at the Healthcare Facility, subject to your approval.
This license is limited to the purposes described above and shall terminate when you delete the recording or when the Patient’s account is deactivated by the Healthcare Facility, whichever occurs first, subject to any applicable retention obligations under law or regulation.
7.4 Audio Catalog Content
The App provides a catalog of lullabies, songs, and audio content. All rights in this catalog content are owned by Luvvi or its licensors. You may access this content solely within the App for the purpose of listening, learning, and recording your own versions. You may not copy, download, redistribute, or use this content for any other purpose.
7.5 Recording Storage and Encryption
Your Audio Care recordings are encrypted using custom encryption keys with key rotation and stored as follows:
(a) On your device: Recordings are stored in encrypted form on your mobile device running the Family App, enabling offline access;
(b) On Luvvi’s servers: Recordings are stored on AWS Cloud infrastructure in the regional data center corresponding to your Healthcare Facility’s location (United States, Canada, United Kingdom/Europe, or Australia), fully encrypted with custom KMS encryption keys. Recordings do not leave the designated regional data center; and
(c) Deletion: You may delete your recordings at any time through the App. Upon deletion, the recordings will be removed from both Luvvi’s servers and your device. The Healthcare Facility will no longer have access to deleted recordings.
8. LOCAL DATA STORAGE AND DEVICE SECURITY
The App stores certain Communications (including messages, photographs, video clips, and audio content) in encrypted form on your mobile device to enable you to access this content while offline or without an active internet connection.
You acknowledge and agree that:
(a) You are responsible for maintaining the physical security of your device, including the use of a passcode, biometric lock (fingerprint or facial recognition), or other device-level security;
(b) You will not share your device with any person who is not authorized to view the Patient’s health information;
(c) Luvvi cannot remotely access, retrieve, or delete data stored locally on your device (the Healthcare Facility may deactivate your account, which prevents new Communications from being received, but does not delete data already stored on your device); and
(d) If you sell, transfer, or dispose of your device, you must delete the App and all associated local data before doing so.
You may delete all locally stored data at any time by deleting the App from your device or clearing the App’s data through your device’s settings.
Luvvi does not transfer personal data or PHI outside the geographic region of the Healthcare Facility except as required by applicable law or under appropriate safeguards as described in the Privacy Policy.
9. PUSH NOTIFICATIONS
The App sends push notifications to alert you to new messages, incoming video calls, and livestream sessions. In compliance with HIPAA and GDPR requirements, the content of push notifications does not include any Protected Health Information — notifications only indicate that new content is available within the App.
You may disable push notifications through your device’s settings at any time. However, disabling notifications may significantly impair your experience, as you may miss time-sensitive video calls and livestream sessions initiated by the Healthcare Facility.
10. INTELLECTUAL PROPERTY
10.1 Luvvi’s Intellectual Property
The App and all content, features, functionality, design, source code, algorithms, trademarks, trade names, logos, eCards, educational materials, and Audio Care audio catalog are and shall remain the exclusive property of Luvvi Sarl or its licensors and are protected by applicable intellectual property laws, including copyright, trademark, patent, and trade secret laws of Switzerland, the United States, the United Kingdom, the European Union, Canada, Australia, and other jurisdictions.
Nothing in these Terms grants you any right, title, or interest in the App or any Luvvi intellectual property, except the limited license set forth in Section 10.2.
10.2 Limited License
Subject to your compliance with these Terms and the Privacy Policy, Luvvi grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to download, install, and use the App on a single compatible mobile device solely for your personal, non-commercial use as an Authorized User. This license does not permit you to modify, adapt, translate, or create derivative works of the App.
10.3 White-Label and Sponsor Content
The App may display the name, logo, or branding of a nonprofit organization, corporate sponsor, or other third party (“Sponsor”) selected by the Healthcare Facility. The App may include a “Learn More” or similar informational link that navigates to the Sponsor’s own external website, which will open in a separate browser view not controlled by Luvvi.
Luvvi does not process, facilitate, or handle any financial transactions, donations, or payments on behalf of any Sponsor. Any transaction you complete on a Sponsor’s external website is solely between you and that Sponsor, subject to the Sponsor’s own terms and privacy policy. Luvvi receives no commission, fee, or financial benefit from any such transaction.
Luvvi is not responsible for the content, accuracy, practices, or privacy policies of any Sponsor or third-party website. The inclusion of a Sponsor’s branding in the App does not constitute an endorsement by Luvvi of the Sponsor or its activities.
11. DISCLAIMERS OF WARRANTIES
THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LUVVI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
(a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
(b) ANY WARRANTY THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(c) ANY WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY COMMUNICATION DELIVERED THROUGH THE APP; AND
(d) ANY WARRANTY REGARDING THE AVAILABILITY OR QUALITY OF VIDEO CALLS, LIVESTREAM SESSIONS, OR AUDIO CARE PLAYBACK, WHICH MAY BE AFFECTED BY NETWORK CONDITIONS, DEVICE CAPABILITIES, OR HEALTHCARE FACILITY CONFIGURATIONS.
LUVVI DOES NOT PROVIDE MEDICAL ADVICE AND THE APP IS NOT A MEDICAL APPLICATION. No content delivered through the App — including Communications, educational resources, Audio Care features, growth tracking, or milestone tracking — constitutes medical advice, diagnosis, or treatment. All clinical content originates from the Healthcare Facility’s authorized staff and is provided under the Healthcare Facility’s sole responsibility. Educational content available through the App is for general informational purposes only and may not apply to your child’s specific condition or care plan. Always follow the guidance of your healthcare team.
Note for users in the European Union, United Kingdom, and Australia: Nothing in this Section 11 is intended to exclude or limit any statutory rights that cannot be excluded or limited under mandatory applicable law, including consumer guarantees under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), the UK Consumer Rights Act 2015, or EU consumer protection directives. Where such mandatory protections apply, Luvvi’s liability is limited to the maximum extent permitted by that law.
12. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUVVI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR:
(a) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES;
(b) ANY DAMAGES ARISING FROM THE CONTENT, ACCURACY, TIMELINESS, OR COMPLETENESS OF COMMUNICATIONS SENT BY THE HEALTHCARE FACILITY THROUGH THE APP;
(c) ANY DAMAGES ARISING FROM INTERRUPTIONS IN, OR INABILITY TO ACCESS, VIDEO CALLS, LIVESTREAM SESSIONS, OR ANY OTHER FEATURE DUE TO NETWORK CONDITIONS, DEVICE LIMITATIONS, OR THIRD-PARTY SERVICE FAILURES;
(d) ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, EXCEPT TO THE EXTENT CAUSED BY LUVVI’S BREACH OF ITS SECURITY OBLIGATIONS; OR
(e) ANY DAMAGES ARISING FROM YOUR BREACH OF THE CONFIDENTIALITY OBLIGATIONS SET FORTH IN SECTION 5.
LUVVI’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF FIFTY SWISS FRANCS (CHF 50.00) OR THE MINIMUM AMOUNT REQUIRED UNDER APPLICABLE LAW IN YOUR JURISDICTION, EXCEPT FOR LIABILITY ARISING FROM LUVVI’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR FOR BREACH OF LUVVI’S OBLIGATIONS UNDER THE PRIVACY POLICY.
Mandatory consumer protection notice: In jurisdictions where limitations of liability for certain types of damages are not permitted by mandatory law (including under the Australian Consumer Law, the UK Consumer Rights Act 2015, or EU consumer protection directives), Luvvi’s liability shall be limited to the fullest extent permitted by applicable mandatory law. This Section 12 does not apply to liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
13. INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Luvvi, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
(a) Your breach of these Terms, including your breach of the confidentiality obligations in Section 5;
(b) Your misuse of the App or any Communications received through the App;
(c) Your unauthorized sharing, disclosure, or publication of any Communications or PHI;
(d) Your violation of any applicable law, regulation, or third-party right; or
(e) Any claim arising from your designation of an incorrect or unauthorized person as a secondary family contact.
Note: This indemnification clause may not be enforceable in certain jurisdictions with mandatory consumer protection laws that prohibit or limit indemnification obligations on consumers. In such jurisdictions, this clause applies only to the extent permitted by applicable law.
14. TERMINATION
14.1 Termination by the Healthcare Facility
The Healthcare Facility may deactivate your access to the App at any time and for any reason, including but not limited to the Patient’s discharge, transfer, or at the Healthcare Facility’s sole discretion. Upon deactivation, you will no longer receive new Communications, but data previously stored on your device will remain until you delete the App.
14.2 Termination by Luvvi
Luvvi may suspend or terminate your access to the App immediately and without prior notice if:
(a) You breach any material provision of these Terms, including the confidentiality obligations in Section 5;
(b) Luvvi reasonably believes that your continued use poses a security risk to the LuvviCare platform or to PHI; or
(c) Luvvi ceases to provide the service to the Healthcare Facility.
14.3 Voluntary Termination
You may terminate your use of the App at any time by deleting the App from your device. Deleting the App will remove all locally stored Communications and data from your device.
14.4 Survival
The following provisions shall survive termination of these Terms: Section 1 (Definitions), Section 5 (Confidentiality of Health Information), Section 7.2 (License Grant for Audio Care recordings, to the extent recordings are retained per Healthcare Facility policy), Section 10.1 (Luvvi’s Intellectual Property), Section 11 (Disclaimers), Section 12 (Limitation of Liability), Section 13 (Indemnification), Section 15 (Governing Law and Dispute Resolution), and this Section 14.4.
15. GOVERNING LAW AND DISPUTE RESOLUTION
15.1 Governing Law
These Terms and any dispute arising out of or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict-of-law principles, except where mandatory provisions of the law of your country of residence provide otherwise.
15.2 Mandatory Local Consumer Protections
For users in the European Economic Area (EEA): If you are a consumer residing in the EEA, you benefit from any mandatory provisions of the law of the EU Member State in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on those mandatory provisions. In accordance with Regulation (EU) No. 1215/2012 (Brussels I Recast), you may bring proceedings in the courts of the Member State in which you are domiciled.
For users in the United Kingdom: If you are a consumer residing in the United Kingdom, you benefit from any mandatory provisions of the law of England and Wales (or Scotland or Northern Ireland, as applicable). You may bring proceedings in the courts of the part of the United Kingdom in which you are domiciled. The UK Consumer Rights Act 2015 and the Unfair Contract Terms Act 1977 apply to the extent they provide mandatory consumer protections that cannot be overridden by contract.
For users in Australia: If you are a consumer within the meaning of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), nothing in these Terms is intended to exclude, restrict, or modify any statutory guarantee, right, or remedy that cannot be excluded, restricted, or modified by agreement. Any dispute that is not resolved by negotiation may be brought before the courts of the State of New South Wales, Australia.
For users in Canada: If you are a consumer residing in Canada, you benefit from any mandatory provisions of the consumer protection legislation and applicable provincial health privacy laws of the province in which you reside. Nothing in these Terms overrides any statutory consumer protection rights that apply to you under provincial law. Disputes may be brought before the courts of the province in which you reside.
For users in the United States: Subject to any applicable federal or state law that may override this provision (including, where applicable, the consumer protection statutes of your state of residence), disputes shall be governed by Swiss law and shall be submitted to the exclusive jurisdiction of the courts of Geneva, Switzerland. Notwithstanding the foregoing, either party retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction.
15.3 Alternative Dispute Resolution
Luvvi encourages you to contact us first at privacyofficer@luvvi.com to attempt to resolve any dispute informally before initiating formal proceedings. If you are resident in the EEA, you may also submit a complaint to the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/odr.
15.4 Class Action Waiver
To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action, class arbitration, or other representative proceeding. This waiver may not be enforceable in all jurisdictions.
16. CHANGES TO THESE TERMS
Luvvi reserves the right to modify these Terms at any time. If we make changes that we consider material, we will notify you by:
(a) Displaying a prominent notice within the App;
(b) Sending a notification to your registered mobile telephone number; or
(c) Posting the revised Terms on our website.
The revised Terms will indicate the new effective date at the top of the document. By continuing to use the App after the effective date of any revised Terms, you accept and agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop using the App and delete it from your device.
For users in the EEA and UK: Where required by applicable law, Luvvi will seek your affirmative consent to material changes before they take effect.
17. GENERAL PROVISIONS
17.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Luvvi regarding your use of the App and supersede all prior agreements, understandings, and communications, whether written or oral.
17.2 Severability
If any provision of these Terms is held to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
17.3 No Waiver
Luvvi’s failure to enforce any provision of these Terms shall not constitute a waiver of such provision or of Luvvi’s right to enforce such provision at a later time.
17.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without Luvvi’s prior written consent. Luvvi may assign these Terms in whole or in part to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, without your consent but with prior notice to you.
17.5 Force Majeure
Luvvi shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, labor disputes, power failures, internet or telecommunications outages, or acts of any governmental authority.
17.6 Language
These Terms are drafted in English. If these Terms are translated into any other language and there is a conflict between the English version and the translated version, the English version shall prevail to the extent permitted by applicable law.
17.7 Notices
All notices to Luvvi under these Terms shall be sent to:
Luvvi Sarl
Attn: Legal Department
Rue Adrien Lachenal 26
1207 Geneva, Switzerland
Email: privacyofficer@luvvi.com
Notices to you will be delivered to the mobile telephone number registered in your account or displayed within the App.
17.8 Data Protection Rights
Your rights regarding personal data processed through the App, including rights of access, rectification, erasure, restriction, portability, and objection, are described in the Privacy Policy. Luvvi processes Protected Health Information only as permitted under its agreements with Healthcare Facilities and applicable law.
18. CONTACT INFORMATION
If you have any questions about these Terms, please contact us:
Luvvi Sarl
Rue Adrien Lachenal 26,
1207 Geneva, Switzerland
Email: privacyofficer@luvvi.com
Website: www.luvvicare.com