Terms of Use

DRAFT to be reviewed by a lawyer before publication. Last updated: [DATE].

Agreement

These terms are a contract between you and [CONTROLLER NAME], based in Colombia, [ADDRESS], NIT [NIT] ("we"), who runs Lovelark. By creating an account you accept them, together with the Privacy Policy. If you don't accept them, don't use the app.

Who can use the app

• You must be at least 18 and able to enter into a binding contract.
• You must not have been convicted of a violent or sexual crime, or be on a sex offender register.
• You must not have been previously banned from Lovelark.
• You may have only one personal account, which you can't transfer or sell.

Your account

• What you post must be true, up to date and yours: your age, photos and description must represent you.
• Keep access to your account (Google account or phone number) safe. You're responsible for what happens with your account.
• If you think someone has used your account, write to us right away at nearlyappsupport@gmail.com.

Community rules

You must not:

• harass, threaten, insult, stalk or discriminate against anyone, inside or outside the app;
• impersonate other people or create fake profiles;
• post nudity or sexually explicit, violent or hateful content;
• post other people's photos or data without their consent, or share anyone's intimate images;
• ask for money, gifts, payment details or investments, or run any kind of scam;
• offer or seek paid sexual services or escorts, or facilitate the exploitation or trafficking of people;
• post any content or make any contact involving minors: zero tolerance, with reports to the authorities;
• use the app for commercial purposes, advertising, spam or collecting contacts;
• use bots, scripts, scraping or automated access, or try to get around security measures;
• copy, decompile or modify the app, except where the law allows it;
• make false or bad-faith reports;
• break the law or infringe the rights of others.

Reports, moderation and appeals

• You can report and block anyone at any time, from their profile or the chat. We review reports, also with the help of automatic checks.
• If content or an account breaks these terms or the law, we may remove the content, restrict features, or suspend or close the account, without notice in serious cases.
• When we take one of these decisions we tell you why, unless the law doesn't allow it or telling you would put others at risk.
• If you disagree with a decision, or with the outcome of your report, you can ask for a review within 6 months by writing to nearlyappsupport@gmail.com: a person reviews it and replies. Your right to go to an out-of-court dispute settlement body or to court is not affected.
• People who often post clearly illegal content or often make unfounded reports may be suspended.

Your content

• The content you post (photos, texts, messages) remains yours.
• You give us a free, non-exclusive, worldwide licence to store it, technically adapt it (for example resizing photos) and show it to other users, only to run Lovelark. The licence ends when you delete the content or your account, except for copies the law requires us to keep.
• We don't use your content for advertising and we don't use it to train artificial intelligence systems.
• You confirm you have the rights to what you post.

App licence

We give you a personal, non-exclusive, non-transferable and revocable licence to use the app on your device, for private, non-commercial use. Lovelark's name, logo, design and code remain ours.

Subscriptions and purchases

Lovelark is free. Some optional features are paid: the Plus and Gold subscriptions and, in the future, one-off purchases (Super Likes, Boosts). Safety features (reporting, blocking, moderation) and chatting with your matches are always free.

• Payment: handled by Google Play with your Google account. Price, length and taxes are shown before you confirm; Google Play's terms also apply.
• Auto-renewal: the subscription (1, 3 or 6 months) renews automatically at the end of each period, at the same price, until you cancel.
• Cancelling: anytime, in Google Play → Subscriptions. Cancelling stops the next renewal; your perks stay active until the end of the period you've already paid for.
• Free trial: when offered, it lasts 7 days, one per person. If you don't cancel before the trial ends, the paid subscription starts.
• Price changes: we'll tell you in advance; if you don't agree you can cancel before the renewal.
• Refunds and withdrawal: refunds follow Google Play's rules and the law. Where the law gives you a right of withdrawal (e.g. 14 days in the EU), it still applies; for digital content it may not apply once you've started using it, if you expressly asked to start right away when buying.
• In Colombia, the right of withdrawal (retracto) for distance purchases is 5 business days (Law 1480 of 2011, art. 47). It does not apply to services that start with your agreement: that's why, before you pay, we ask you to confirm that you want to start using the subscription right away. If you're entitled to a refund, you'll receive it within 15 calendar days (Law 2439 of 2024).
• One-off purchases (Super Likes, Boosts) are used up when you use them, can't be transferred and have no cash value.
• Founding members: people who join during the launch phase get the Founder badge and, when premium arrives, Gold free for 90 days. It's a free promotion: it can't be exchanged for money and the launch phase may end.
• Free-plan limits (e.g. the number of likes per day) may change; we'll let you know in the app.
• If we close your account for a serious breach of these terms, the current subscription is not refunded, except as required by law.

Lovelark Open

Lovelark Open is a separate section for couples and people in non-monogamous relationships, turned on with explicit consent and can be turned off at any time. A couple profile links two accounts: each person stays responsible for their own account and both partners must agree to use it. All community rules apply: in particular, explicit content and any offer of paid services are forbidden.

Safety

We don't verify users' identity or background and we can't vouch for anyone's behaviour. You decide whom to meet: do it carefully and read the Safety tips in the app and on the website. If you're in danger, call the emergency services right away.

Third-party services

Lovelark uses services from other companies, such as Google (sign-in, Google Play, Firebase). Their use is also governed by their own terms. We're not responsible for third-party sites or services reached through links.

Copyright infringement

If you think content on Lovelark infringes your copyright or another right, write to nearlyappsupport@gmail.com stating the content, the right infringed and your contact details. We review every request and remove content that infringes others' rights; repeat infringers lose their account.

Liability

• The service is provided "as is": it may have interruptions or errors, and we may change it or suspend parts of it.
• To the extent permitted by law, we are not responsible for the conduct of other users, inside or outside the app: each person is responsible for their own actions. The rights that consumer protection law gives you always remain in place.
• These limits don't apply to intent, gross negligence, harm to life or health, or wherever consumer protection law doesn't allow them.
• If you cause harm to someone by deliberately breaking these terms or the law, you are responsible for it under the law.

Closing your account

You can delete your account at any time from Profile → Delete account. Deleting your account doesn't cancel an active subscription: cancel it in Google Play → Subscriptions. We may also close an account as described in the moderation section. Parts of these terms that by their nature should continue (for example liability and content already reported) stay in force.

Changes, governing law and final provisions

• We may update these terms: we'll tell you in the app before important changes take effect. If you don't accept them, you can delete your account.
• Governing law: the law of Colombia [TO BE CONFIRMED BY A LAWYER], without taking away the protection of the mandatory rules of the country where you live. Competent courts: the courts of [CITY IN COLOMBIA], without prejudice to the consumer's court.
• If a provision is invalid, the others remain in force. If we don't enforce a right straight away, we don't waive it.
• We may transfer this contract in case of a merger, sale or transfer of the business; you may not transfer it.
• These terms are translated into several languages; in case of differences, the Spanish version prevails.
• Help, complaints and contact: in the app (Profile → Help and support) or at nearlyappsupport@gmail.com.