1. Purpose of the Program
The Luvu Creators Program (the "Program") is operated by Luvu, Inc., a Delaware corporation with its principal office in Pittsburgh, Pennsylvania ("Luvu", "we", "us", "our"). The Program rewards individuals who own a Luvu account ("you", "Creator") for organically promoting the Luvu mobile application by publishing original short-form video content on third-party social platforms (currently TikTok and Instagram). By creating an account at creators.luvufit.com, accepting these Program Terms (the "Terms"), and submitting a video to the Program (each, a "Submission"), you enter into a binding agreement with Luvu governed by these Terms. If you do not agree to these Terms, do not register for or participate in the Program.
2. The Content We Love
Submissions that consistently earn full approval ("Approved") share the qualities below. While none of these is strictly required, Submissions exhibiting more of them are likelier to be Approved, to be flagged for repost on Luvu's official channels, and to receive discretionary high-effort or main-account bonuses:
- Authenticity. A real human voice, a real workout, a real reaction to using Luvu โ not a script lifted from a brand brief.
- Visible product. The Luvu app is on screen for a meaningful portion of the video (a workout being followed, a streak being checked, the Luvu mascot being shown).
- A clear hook. A reason for a stranger scrolling TikTok or Reels to stop scrolling โ a transformation, a punchline, a controversial take, an emotional beat.
- The name "Luvu" stated or shown. Spoken aloud, written in caption, or visible on screen โ so a viewer can find the app without reverse-image searching.
- Originality. Original concept, original audio (where possible), and content that was not previously submitted to this Program by you or another Creator.
- Public reach. Posted from a public account on a supported platform (TikTok, Instagram), in a language Luvu currently supports.
3. Content That Will Not Be Approved
Independent of (and in addition to) the Prohibited Conduct in Section 4, the following categories of Submission will, as a matter of editorial policy, be marked Not Approved or Partially Approved:
- Generic fitness content with the name "Luvu" tacked onto an unrelated post in voice-over, caption, or end-card only;
- Re-uploads of a Submission previously credited under this Program (whether by you or another Creator);
- Submissions in which the app shown on screen is not Luvu, or in which Luvu is referenced solely to compare it unfavorably to a competitor;
- Submissions reasonably likely to fail to gain meaningful audience reach (e.g., posted from a private account, lacking audio, or visibly low-effort);
- Submissions that present medical, dietary, or other health claims about Luvu or about exercise generally that are not supported by reasonable evidence;
- Submissions that disparage other users, identifiable individuals, or other brands in a manner not protected as fair commentary.
A Not-Approved or Partially-Approved decision under this Section 3 is editorial, not punitive: it does not, by itself, restrict your ability to submit additional videos to the Program. Repeated submission of content that falls within these categories may, at Luvu's discretion, be treated as Prohibited Conduct under Section 4.
4. Prohibited Conduct
Luvu may, in its sole discretion, suspend or terminate your participation in the Program, void any Submission, and revoke or withhold any unclaimed reward (including any reward already unlocked but not yet fulfilled) if it determines, in good faith, that you have engaged in any of the following conduct:
- purchased views, likes, comments, followers, or any other engagement metric, or used automated systems, bots, or click-farms to inflate the apparent performance of any Submission;
- submitted a video that was not in fact published on a public account you own and control, was removed or hidden from public view shortly after Submission, or was published by a third party without authorization;
- published a video that violates the terms of service of the underlying platform (TikTok, Instagram, etc.) or that contains hate speech, harassment, threats, sexual content, depictions of violence, illegal activity, drug use, or misleading health claims about Luvu or fitness generally;
- submitted multiple substantially-identical, near-duplicate, or low-effort recycled videos with the apparent purpose of inflating Submission count;
- created or controlled more than one account in the Program, whether under the same identity or otherwise;
- promoted, endorsed, or referenced any direct competitor of Luvu within a Submission framed as Luvu content;
- provided false, misleading, or stolen identifying information (including but not limited to a fictitious shipping address, a Luvu code that does not belong to you, or a fraudulently-obtained tax form) in order to claim a reward;
- attempted to circumvent, disable, or interfere with any security, review, or rate-limiting feature of the Program;
- engaged in conduct off-platform that, in our reasonable judgment, materially damages or threatens to damage the Luvu brand.
In addition to suspension and reward forfeiture, Luvu reserves all rights and remedies available at law or in equity, including the right to refer fraudulent activity to the appropriate authorities.
5. Submission Review & Final Decisions
Each Submission is reviewed by a member of the Luvu team and assigned one of three statuses โ "Approved", "Partially approved", or "Not approved" โ pursuant to the published Content Guidelines as in effect on the date of review. All review decisions are final and not subject to appeal, re-review, or arbitration of substance. Luvu may, but is not obligated to, provide a written explanation for any Partial or Non-approval. The absence of an explanation does not constitute a defect in the review process.
6. FTC and Equivalent Disclosure Obligations
Because Luvu provides material consideration (including XP, in-app credits, physical goods, services, and cash equivalents) in exchange for Submissions, you are required by the U.S. Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255) and equivalent rules in other jurisdictions (including the UK's CAP Code, the EU's Digital Services Act, and applicable national consumer-protection law) to clearly and conspicuously disclose your relationship with Luvu in every Submission. Acceptable disclosures include the hashtag #LuvuPartner, the hashtag #ad, or the underlying platform's built-in "Paid partnership" or "Branded content" tool, in each case placed where the disclosure is unmistakable to a casual viewer. Submissions lacking a compliant disclosure will be marked Not Approved and may, at Luvu's discretion, disqualify you from the Program.
7. Content License
By making a Submission, you grant Luvu, Inc. and its successors, assigns, and authorized agents a worldwide, non-exclusive, fully paid-up, royalty-free, sublicensable, transferable, perpetual, and irrevocable license to use, reproduce, distribute, publicly perform, publicly display, modify, adapt, translate, create derivative works of, and otherwise exploit the Submission, in whole or in part, in any media now known or later developed, including without limitation:
- re-publication of the Submission on Luvu's official social channels (including but not limited to TikTok, Instagram, YouTube, X, Facebook, Threads, and LinkedIn), with or without creator attribution at Luvu's reasonable discretion;
- use of clips, frames, or excerpts from the Submission in paid digital and out-of-home advertising, in-app marketing surfaces, App Store and Google Play store listings, the Luvu corporate website, fundraising and investor materials, and press releases;
- editing, captioning, dubbing, translating, color-grading, or otherwise modifying the Submission as reasonably required for the foregoing uses.
You represent, warrant, and covenant that (a) you are the sole author of the Submission and own or have secured all rights, licenses, consents, and permissions necessary to grant the license above, including all music synchronization rights, releases from any identifiable individuals appearing in the Submission, and clearances for any branded products or recognizable locations; (b) the Submission does not infringe, misappropriate, or violate any third party's intellectual-property rights, rights of publicity or privacy, or any contract or law; and (c) you will, at your sole expense, defend, indemnify, and hold harmless Luvu and its affiliates, officers, directors, employees, and agents from and against any claim, demand, action, or proceeding arising out of or related to a breach of the foregoing representations.
8. Personal Data & Privacy
In connection with your participation, Luvu collects and processes the following categories of personal data: your Google sign-in identifier, the social-media handles you provide, your Luvu code, the URLs and metadata of your Submissions, our internal review decisions, the XP / credits / claims you accrue, and any shipping address, email address, telephone number, or tax information you submit in connection with a reward claim. Luvu uses this data to operate, secure, and improve the Program, to fulfill rewards (including by writing the corresponding entitlements to your linked Luvu account), and to comply with legal obligations. Luvu does not sell or share personal data with third parties for cross-context behavioral advertising. For full details, your rights of access, correction, and deletion, and our retention practices, see our Privacy Policy, which is incorporated by reference.
9. Termination
You may withdraw from the Program at any time by requesting data deletion. Luvu may suspend or terminate your participation at any time, with or without notice, for any reason or no reason, including (without limitation) any conduct described in Section 4 or any conduct that Luvu in its reasonable judgment determines is inconsistent with the spirit of the Program. Upon termination, your right to participate ceases immediately and any unclaimed rewards are forfeit. Sections 7 (Content License), 10 (Tax Reporting), 13 (Disclaimers), 14 (Governing Law), 15 (Modifications), and any other provision that by its nature should survive will survive termination.
10. Tax Reporting & Withholding
Cash, in-kind goods, services, travel, and any other reward of monetary value provided under the Program may constitute taxable income under the laws of your country and locality. You are solely responsible for the accurate reporting and timely payment of all taxes owed.
For Creators based in the United States who receive rewards with an aggregate fair market value of US $600 or more in any calendar year, Luvu is required by U.S. tax law to issue an IRS Form 1099-NEC or 1099-MISC, as applicable, and may require a completed and signed IRS Form W-9 before fulfilling the reward. Luvu may withhold delivery of any reward, in whole or in part, if Luvu has a reasonable basis to believe that the required tax documentation is incomplete, inaccurate, or fraudulently obtained. Failure to provide required tax documentation within thirty (30) days of request may result in forfeiture of the reward.
11. Eligibility
Participation is open to natural persons who, at the time of registration, (a) are at least eighteen (18) years of age (or the age of majority in their country of residence, whichever is greater) and legally capable of entering a binding contract; (b) own and control an active Luvu mobile-application account; and (c) reside in a jurisdiction in which Luvu lawfully operates the Program. Certain rewards involving physical shipment, cash payment, travel, or an offer of employment are restricted to Creators in specific countries; restrictions are disclosed at claim time. Employees, officers, directors, and contractors of Luvu, Inc. and its affiliates, and members of their immediate households, are not eligible. Each natural person may maintain only one (1) account.
12. Rewards Are Subject to Change
All XP, credits, badges, reward tiers, reward catalog items, and associated descriptions published by Luvu (including on the Creator dashboard, in marketing materials, or anywhere else) are descriptions of Luvu's current intent and do not constitute a binding offer or guarantee of any specific reward. Luvu expressly reserves the right, in its sole discretion and without prior notice, to:
- modify, substitute, postpone, or discontinue any reward, in whole or in part, at any time โ including after a Creator has reached the corresponding XP or credit threshold but before the reward has been claimed;
- adjust the XP formula, credit values, eligibility thresholds, claim windows, or reward catalog;
- suspend, restructure, rebrand, or terminate the Program in its entirety;
- substitute a reward of equal or greater fair market value where the originally-described reward is unavailable, impracticable to fulfill, or restricted by applicable law.
XP, credits, claims, and any unredeemed reward have no cash value, are non-transferable, and may not be sold, traded, gifted, or assigned. Any unclaimed reward expires twelve (12) months after the date the Creator first becomes eligible to claim it.
13. Disclaimers and Limitation of Liability
THE PROGRAM AND ALL REWARDS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, Luvu, Inc. and its affiliates, officers, directors, employees, and agents expressly disclaim all warranties, including (without limitation) the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising from course of dealing or usage of trade. Luvu does not warrant that the Program will be uninterrupted, error-free, or free of harmful components.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LUVU OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE PROGRAM OR THESE TERMS, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF LUVU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LUVU'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PROGRAM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FAIR MARKET VALUE OF THE REWARDS ACTUALLY RECEIVED BY YOU UNDER THE PROGRAM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US $100). THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, without giving effect to its conflict-of-laws principles. You and Luvu agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Program (each, a "Dispute") will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, and judgment on the award rendered may be entered in any court having jurisdiction. YOU AND LUVU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. If, for any reason, the foregoing arbitration agreement is held unenforceable as to a Dispute, that Dispute will be litigated exclusively in the state or federal courts of competent jurisdiction located in Allegheny County, Pennsylvania, and you and Luvu consent to the personal jurisdiction of those courts.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it enforceable.
15. Modifications to These Terms
Luvu may modify these Terms at any time by posting the revised Terms at this URL and updating the "Last updated" date above. Material changes will be communicated by email to the address on file and by a re-acceptance prompt presented at next sign-in. Your continued participation in the Program after the effective date of any revision constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, your sole remedy is to discontinue participation and request data deletion.
16. Notices & Contact
All notices to Luvu under these Terms must be sent to creators@luvufit.com with a courtesy copy to legal@luvufit.com. Notices to you will be sent to the email address associated with your Google sign-in. For general program questions, you may also message the Luvu team via the in-app Chat tab once signed in. These Terms constitute the entire agreement between you and Luvu with respect to the Program and supersede all prior or contemporaneous understandings, written or oral.
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