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Luvenue

Terms of Service

Terms of Service for Luvenue — live, in-app video events where a real conversation comes first.

Last updated: October 28, 2026

For members in California

You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller’s third business day following the date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: Mocha Innovations LLC, 169 Madison Ave, STE 11564, New York, NY 10016, USA. Seller: Mocha Innovations LLC (Luvenue). You may also cancel by email to support@luvenue.com.

For members in Colorado

YOU, THE BUYER, MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS CONTRACT, EXCLUDING SUNDAYS AND HOLIDAYS. NOTICE OF CANCELLATION NEED NOT TAKE A PARTICULAR FORM AND IS EFFECTIVE IF IT INDICATES YOUR DESIRE TO NOT BE BOUND BY THIS CONTRACT. TO CANCEL THIS CONTRACT, SEND AN E-MAIL THAT STATES THAT YOU, THE BUYER, ARE CANCELING THIS CONTRACT, OR WORDS OF SIMILAR EFFECT. SEND THIS NOTICE TO: support@luvenue.com Luvenue (Mocha Innovations LLC).

Luvenue Safety Policy

Please read these Terms carefully. They include a limitation of our liability (Section 17), how disputes between you and us are decided in court, including a waiver of jury trial where the law allows it (Section 19), and notices that state law requires (Sections 6 and 22).

1. Who we are, and what you are agreeing to

Luvenue is a mobile app for meeting new people through live video, operated by Mocha Innovations LLC, a Delaware limited liability company (“Luvenue”, “we”, “us”). Our mailing address is 169 Madison Ave, STE 11564, New York, NY 10016, USA. You can reach us at support@luvenue.com.

These Terms of Service (the “Terms”) are a contract between you and Mocha Innovations LLC. They govern your use of the Luvenue app, the luvenue.com website, and everything we offer through them (together, the “Services”). Our Community Guidelines are part of these Terms. Each purchase you make is also its own contract, made on our Purchase Terms at luvenue.com/purchase-terms (Section 5.5). Our Safety Policy (luvenue.com/safety) and our Intimate Image Removal page explain how our safety tools work and how to ask us to remove an image; our Privacy Policy describes how we handle your personal information. Those three are notices, not part of this contract, but please read them.

You accept these Terms when you tap the button labeled Continue on the Welcome screen after ticking the box that says you agree to the Terms of Service and Community Guidelines. If you do not agree, do not use the Services.

2. Who can use Luvenue

  • You must be at least 18. Luvenue is for adults only. Before you can create an account, the app checks your age. It may ask your app store for the age information the store holds for you, and it asks for your date of birth, which you can’t change in the app afterwards. If either shows you are under 18, you can’t create an account. Where the law requires your app store to share or confirm your age, you’ll need to finish that with the store first. If your app store later tells the app you’re under 18, or we otherwise have reason to believe you are, we will suspend your account at once; if we conclude that you are under 18, we will close it and delete the information we hold about you, as our Privacy Policy describes (Section 20).
  • One person, one account. You may hold only one account, it must be yours, and it must be about you. You may not create an account for anyone else, and you may not let anyone else use yours.
  • No account after removal. If we have removed you from Luvenue, you may not create a new account. We use hashed identifiers (a one-way hash of your phone number, and a fingerprint of each of your photos, a short code computed from the whole image, not from your face) to recognize a returning removed account, as described in our Privacy Policy.
  • Where Luvenue is available. The Services are offered in the United States, except Minnesota, Mississippi, Nebraska and Tennessee, where Luvenue isn’t available yet. You need a mobile number from one of the 50 states or Washington, DC to sign up. When you sign up, the app checks which state you’re in; if you’re in one of those states, you can’t create an account for now. You are responsible for complying with the laws of wherever you use the Services.
  • No sanctioned persons. You represent that you are not on any U.S. government list of prohibited or restricted parties and are not located in a country subject to a U.S. government embargo.

3. How Luvenue works

This section describes the Services as they exist today so that the rest of these Terms makes sense. It describes; it does not promise. We can change how the Services work at any time.

  • Events happen inside the app. An event (we sometimes call it a gathering) is a scheduled, time-limited experience that takes place entirely inside the Luvenue app. Members who have registered enter a shared online space and move through it; when one member walks up to another, the other member can accept or decline, and if they accept, a private one-on-one video call begins between them. We do not host, organize, sponsor, supervise, or direct anyone to any in-person event or physical place. “Local”, “near you”, and a member’s city describe how events are grouped for discovery, not a physical meeting place.
  • Real conversations first. A text conversation opens only after two members have completed a live video call together and both have tapped Keep in touch. Liking someone in Explore signals interest; it does not open a conversation.
  • Explore. Explore shows you profiles of other members who fit your preferences and are within the distance you set. The order is ranked by an automated system described in our Privacy Policy.
  • Video dates and Date Rooms. Two members who have connected can plan a private video date with each other, right away or at a time they choose, or book a Date Room: a video date in a themed room they choose. A Date Room uses a date credit unless the app offers it free (Section 5.4).
  • Sharing a phone number. Two members who have connected can each choose to share the phone number on their account. Nothing is shared until both have chosen to; then both numbers appear together in their conversation.
  • Passes. Registering for an event uses a Pass from your balance (Section 5).
  • Your city. We use your location to show you events and people near you. If we have not opened in your area yet, your account is placed on a waitlist until we do. Other members see the neighborhood or city name on your profile, never your precise location.
  • Limits. Some features have limits, such as how many profiles you can like in a day or how soon you can call the same person again. We may change them.

4. Your account

  • Sign-in. You sign in with your phone number and a one-time code we text to you. Keep your phone secure: anyone with your phone and your code can use your account. Tell us at once at support@luvenue.com if you believe your account has been accessed without your permission. If your phone number changes, write to us there and we’ll move your account to the new number once we’ve confirmed it’s you.
  • Accurate information. Everything you tell us and show on your profile must be true, current, and about you.
  • Pausing. You can pause your account in Settings. While paused you are hidden from Explore and event rooms (people you’re already connected with can still see your profile in your conversations), and your event registrations are released, with any Passes you spent on them credited back.
  • Withdrawing your consent. Luvenue needs your consent to use your gender, the genders you’re interested in, and your location, as our Privacy Policy explains. If you withdraw that consent in Settings, your account is paused and we delete those details, as our Privacy Policy describes. To come back, you give your consent again and enter them again.
  • Deleting. You can delete your account at any time in Settings. Deletion is immediate and cannot be undone. What we keep after deletion, and why, is set out in the Privacy Policy.

5. Passes, date credits, and purchases

5.1 What they are. Passes let you register for events. Date credits let you book a Date Room. Passes, date credits and any other virtual item we may offer (together, “virtual items”) are consumable and can be used inside the app and nowhere else. They are a limited, personal, non-transferable, revocable license to use a feature of the Services. They are not money, have no cash value, cannot be redeemed, exchanged, transferred, or withdrawn for cash, and are not your property. They don’t expire while you have an account, although they can be removed as these Terms describe.

5.2 How you get Passes. You receive Passes when you register; the number is shown in your balance. You can earn Passes by inviting people (Section 5.3). We may also add a free Pass to your balance, for example after an event that was quiet for you, and you’ll see it in your balance; whether and when we add one is up to us, and adding one doesn’t commit us to adding more. You can buy Passes as a one-time in-app purchase. Free and purchased Passes behave the same once in your balance.

5.3 Earning Passes by invitation. A Pass is credited to you when someone you invited joins their first event room, not when they install the app, create an account, or register. Each person can be counted as an invitee once, and only for the first member who invited them. You may earn at most 3 Passes per calendar month this way. You cannot invite yourself. We may withhold or reverse invitation Passes, and suspend or terminate accounts, where invitations are used to manipulate this feature, including through duplicate, automated, or fraudulent accounts.

5.4 Date credits. You can buy date credits as a one-time in-app purchase. A date credit books one Date Room; it is a different thing from a Pass. Your store receipt may call a date credit a “Date Pass”; it is a date credit under these Terms. Your first Date Room with a connection may be free, and the app tells you so before you book.

5.5 Buying. Purchases aren’t open in the app yet; when they open, they work as this section and our Purchase Terms describe. You buy virtual items inside the app, through the in-app purchase system of the app store you downloaded Luvenue from: Apple’s App Store on iPhone, or Google Play on Android. Mocha Innovations LLC sells the virtual items; the store charges your payment method and processes the payment for us, and we receive a record of the purchase through our provider RevenueCat. For App Store purchases, Apple acts as our agent: Apple charges you and decides refund requests made to Apple (your right to cancel under Section 22.4, where you have one, is against us, whatever Apple decides), and the Apple Media Services Terms and Conditions also apply. For Google Play purchases, Google processes the payment, and the Google Play Terms of Service and the Google Payments Terms of Service also apply. Each price is shown in the app before you buy. The store may add taxes to the price. We do not offer subscriptions, free trials, or auto-renewing charges, so there is no subscription to cancel.

Each purchase is its own contract. Each purchase is a separate contract between you and Mocha Innovations LLC, made on our Purchase Terms, for a term of 12 months from the date you buy. The Passes and date credits you buy don’t expire: any you haven’t used when the 12 months end stay in your balance, and you can keep using them at no extra charge. Before your first purchase, the app asks you to agree, with one tap, to get your purchase contracts and the notices that come with them electronically. Each purchase then has a receipt in the app (Settings › Purchases) that carries its contract; you can save it, and we’ll mail you a paper copy free if you ask.

Purchase limits. You can’t make purchases while your account is waitlisted (Section 3) or paused (Section 4). Purchases aren’t available for now to members in Iowa, Minnesota, North Carolina or Ohio. If you’re in Wisconsin, you can’t make a purchase that would take the price of your unused purchased Passes and date credits above $100. Our Purchase Terms explain how we tell which state’s rules apply to a purchase.

5.6 Refunds. App Store purchases: Apple decides refund requests made to Apple under its own policy; ask Apple at reportaproblem.apple.com. We cannot issue a refund through Apple ourselves. Google Play purchases: for a short time after buying (currently 48 hours), you can ask Google Play for a refund from your order history in Google Play; after that, ask us at support@luvenue.com or through the support form. We can refund Google Play purchases ourselves, and we decide those requests under this Section. Virtual items are delivered to your balance immediately and, apart from Section 5.7 (protection), Section 5.8 (death, disability, and moving), Section 20 (anyone under 18), Section 22.4 (your right to cancel, where state law gives you one), and any refund required by applicable law, are not refundable. When a purchase is refunded, by the store or by us, the virtual items from it that you have not used are removed from your balance.

How refunds are paid. For a Google Play purchase, we refund you through Google Play. For an App Store purchase, refunds are handled by Apple, not us: ask Apple from the purchase’s receipt in the app (Settings › Purchases) or at reportaproblem.apple.com.

5.7 Pass and date-credit protection. If you spend a Pass to register for an event and (a) we cancel the event, including when too few people have registered for it to go ahead, (b) you withdraw before the event’s cutoff, or (c) you pause your account before the event starts (Section 4), the Pass is credited back to your balance. Passes spent on an event that has already started are not credited back, although we may add a free Pass under Section 5.2. If you use a date credit to book a Date Room and the other person declines, either of you cancels before the room opens, or nobody joins the room, the date credit is credited back to your balance. The date credit is also credited back if we end the Date Room early because the other person broke our rules.

5.8 Removal and deletion. Any virtual items remaining when you delete your account are forfeited. If we terminate your account for a violation of these Terms, remaining virtual items are forfeited, except where a refund is required by applicable law. Two exceptions apply to everyone. (a) Death or disability. If, because of death or a disability, you can no longer use the Services, you or your representative can ask us to refund the Passes and date credits you bought and haven’t used. A disability means a condition that prevents you from using the Services, verified in writing by a physician you choose; if the physician expects it to last less than six months, we may instead extend your access for six months at no charge. (b) Moving. If you move somewhere Luvenue isn’t available, or more than 20 miles from where you joined, and you can no longer use the Passes and date credits you bought, you can ask us to refund the ones you haven’t used. For each purchase, we refund the greater of the price of its Passes and date credits that you haven’t used and the share of its price for the part of its 12-month term still to run, and we pay it as Section 5.6 describes.

5.9 Changes. We may change the price of virtual items, what they can be used for, and how they are earned, prospectively. We will not take away virtual items already in your balance except as these Terms provide.

6. No background screening; your interactions with other members

LUVENUE DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS.

We do not verify the identity, statements, photos, or conduct of any member. You are solely responsible for your interactions with other members, both within the Services and in any communication or meeting that results from them.

We deploy automated and human content-moderation tools and community rules because we care about the community, and we reserve the right, but do not assume any obligation to you, to monitor, screen, review, edit, remove, or decline to transmit any content, or to suspend, restrict, or terminate any account. Descriptions of our safety tools and moderation practices, in the app or elsewhere, describe our current practices only. They are not a warranty, a guarantee of protection, or a promise that any particular content or member will be screened, actioned, or removed, and they do not create any duty to you enforceable in contract or tort.

Please read the Online Dating Safety Awareness notice in Section 22.1. It is shown to you when you register, and it is always available from Settings and from our Safety Policy.

7. In-person meetings

Luvenue’s events and rooms are entirely virtual. We do not organize, host, supervise, or sponsor any in-person meeting or physical venue. If you choose to meet another member in person, that choice and that meeting are yours alone. You assume all risks associated with any in-person meeting, and you agree to take reasonable precautions, including those in our Safety Policy. Luvenue has no obligation to facilitate, supervise, or intervene in any off-platform interaction.

8. Your content

8.1 Ownership. You own the content you submit to Luvenue: your photos, your profile text, your messages, and anything else you post (your “Content”).

8.2 License to us. You grant Mocha Innovations LLC a worldwide, non-exclusive, royalty-free license to host, store, reproduce, adapt (including reformatting and creating previews or thumbnails), analyze, transmit, and display your Content solely to operate, provide, moderate, secure, and improve the Services, including creating and retaining safety records (such as moderation evidence, report evidence, and hashes used to enforce removals and bans) as described in our Privacy Policy. This license includes sublicensing to our service providers acting on our instructions, and to other members solely as needed to show them your profile and communications as the Services function.

We will not use your Content in advertising or marketing without your separate, express consent.

The license ends when your Content is deleted, except that Content in safety, legal, and backup records persists for the periods described in the Privacy Policy; messages you sent and a phone number you shared stay in the conversation until the conversation is deleted; and copies already on the other person’s phone may stay there.

8.3 Your responsibility. You are responsible for your Content. You represent that you have the right to post it and that it does not infringe anyone’s rights or break any law. Do not post anything confidential.

8.4 Safety screening of your Content. Your profile photos, your profile text, and brief still frames from your video calls are analyzed by automated tools, and the text of your messages is screened by automated tools, to detect the violations described in the Community Guidelines. You consent to this screening separately in the app before you upload a photo or start a call. Details are in the Privacy Policy.

8.5 Feedback. If you send us ideas or suggestions, we may use them without any obligation to you.

9. Community rules

You agree to follow the Community Guidelines. Luvenue has zero tolerance for objectionable content and abusive behavior: breaking these rules can lead to the content being removed and to action against the account responsible, up to removal from Luvenue (Section 10). In particular, you agree that you will not:

  • post or share nudity, sexually explicit content, or pornography, or engage in sexual behavior on video;
  • solicit, offer, advertise, or arrange commercial sexual services or compensated dating (including “sugar” arrangements, where one person is expected to give another money, gifts, or financial support), or promote or facilitate prostitution or human trafficking;
  • post, share, request, or engage in any content or conduct involving child sexual abuse or exploitation, including child sexual abuse material, grooming, sextortion, or trafficking of a child, or any other content or conduct that sexualizes, exploits, or endangers a minor; or allow anyone under 18 to use your account or join an event;
  • harass, threaten, stalk, bully, intimidate, or abuse anyone, or post hateful content;
  • share, or threaten to share, intimate images of another person without their consent, including images created or altered with AI (“deepfakes”);
  • misrepresent who you are, use someone else’s photos, impersonate any person, or create a fake profile;
  • ask another member for money, financial information, or account credentials, or run any scam or fraud;
  • share another person’s personal information without their consent;
  • show graphic injuries, blood, or weapons on camera;
  • promote or encourage suicide or self-harm;
  • use Luvenue to advertise, promote, or sell products or services, or to grow a following on another platform;
  • use bots, scripts, scrapers, or any automated means to access the Services or collect information from them;
  • attempt to bypass any moderation, cooldown, block, ban, or safety feature, or to access another member’s account;
  • interfere with the Services, introduce malicious code, or attempt to overload or disrupt them;
  • reverse-engineer, decompile, or copy the app, except as the law expressly allows;
  • record, screenshot, or redistribute another member’s video, photos, or messages without their consent; or
  • use the Services in violation of any law or these Terms.

10. Reports, blocking, and enforcement

10.1 Reporting and blocking. You can report any member from their profile, a conversation, a call, or from the list of people you’ve met, and you can block any member. Blocking is mutual: you and the blocked member are hidden from each other. Reporting someone does not tell them who reported them. If you ask to hear back when you report, we tell you when our review is done and whether we took action; we never tell you anything else about the other person’s account.

10.2 What we may do. If we believe a member has broken these Terms, the Community Guidelines, or the law, or poses a risk to anyone, we may, at our discretion and without notice: remove content; issue a strike; suspend the account for a period; restrict features; pause the account’s video calls; refuse to let the member register for events; end a call or room; or terminate the account. Violations may result in strikes; three strikes will generally result in removal; severe violations may result in immediate removal without a strike. Some rules come with their own steps, which the Community Guidelines describe: for example, graphic injuries, blood or weapons shown on a video call end the call and pause that member’s calls. Automated systems may take these actions in real time. We may also refuse to allow a removed member to return.

10.3 Child safety and what we report. When we obtain actual knowledge of apparent child sexual abuse material, we remove it, remove the account that shared it, preserve it as federal law requires, and report it, together with any other reportable child exploitation, to the National Center for Missing & Exploited Children. Our child safety standards are published at luvenue.com/child-safety. We may report other conduct to law enforcement and cooperate with lawful requests.

10.4 Appeals. If your account is suspended or terminated, or your calls are paused, you can appeal at luvenue.com/appeals. Submitting an appeal does not guarantee restoration. If we restore an account, prior strikes are not reset.

10.5 Fraud notifications. If we ban a member because, in our judgment, they may have been using a false identity or may pose a significant risk of attempting to obtain money from other members through fraudulent means, we notify every member who exchanged chat messages with them, had a video call with them, or received an invitation from them (Section 22.3). That notice may include the banned member’s first name and profile identifier and the reason for the ban, and when you were last in contact with them, but no other personal information about them. If we ban you for one of those reasons, you agree that we may send that notice about you.

10.6 Our discretion. Nothing in this Section obliges us to take any action, and our decision whether and how to act is ours alone.

11. Nonconsensual intimate imagery

If an intimate image or video of you (including one that was AI-generated or digitally altered) appears on Luvenue without your consent, you, or someone authorized to act for you, can ask us to remove it, whether or not you have a Luvenue account. Email safety@luvenue.com, or in the app choose Report and then “Intimate image shared without my consent”, and give us: (1) your physical or electronic signature (typing your full name is enough); (2) enough information for us to locate the content (a link, username, or screenshot); (3) a brief statement of your good-faith belief that the image was published without your consent, with anything that helps us see that; and (4) your contact information. When we receive a valid request, we will remove the content as soon as possible, and no later than 48 hours after we receive it, and within the same 48 hours we will make reasonable efforts to identify and remove known identical copies; you do not need to report each copy. A request is valid when it includes these four things and identifies an intimate image or video of you; we do not ask you to prove that you did not consent. We will give you a reference number and tell you the outcome, including why if we do not remove something, and we do not penalize anyone for making a good-faith request. Sharing another person’s intimate images without their consent breaks these Terms (Section 9). Full details are on our Intimate Image Removal page at luvenue.com/intimate-images.

12. AI-generated images

Event images. The pictures on events in the app are AI-generated illustrations of each event’s theme. The people in them aren’t members, and events take place on video, inside the app.

13. Notifications and messages from us

Text messages. We send these text messages to the phone number on your account:

  • a sign-in code, when you ask for one (Section 4);
  • a one-time code to confirm it’s you, when you ask on our website to delete your account, or when you ask us by email for a copy of your data, to delete your account or to act on another privacy request;
  • the fraud notice described in Section 22.3;
  • our reply, when you text us, for example to confirm that we’ve received your notice cancelling a purchase.

Message and data rates may apply.

Push notifications. We may send push notifications about your events, plans and invitations, your connections and messages, safety notices, policy updates, replies to your support requests, the outcome of a report you asked to hear about, your own data export, and notices about your account. You can switch off most kinds of push notification in Settings; safety notices, policy updates, notices about your account, and notifications about requests you made are always delivered because they are about your account.

Notices about your account. We tell you in the app or by push notification:

  • within 24 hours, when the name on your account changes, or when our staff change the phone number on your account, with what changed and how to reach us;
  • when we remove your Content, or disable access to it, because of a copyright notice (Section 15.3).

Safety notices. You agree that we may send you safety notices, including the fraud notice described in Section 22.3, by text message to the phone number on your account, in the app, or by push notification.

14. Our intellectual property

The Services, including the app, the website, our name and logos, our designs, text, graphics and software, are owned by Mocha Innovations LLC or our licensors and are protected by copyright, trademark, and other laws. The AI-generated content we create for events (such as themes, icebreakers, images and backdrops) is ours to the extent the law gives anyone rights in it, and you may use it only within the Services. If you downloaded Luvenue from Apple’s App Store, your license to use the app software is granted by us under Apple’s Licensed Application End User License Agreement (the “Standard EULA”, at apple.com/legal/internet-services/itunes/dev/stdeula). If you downloaded it from Google Play, we grant you a limited, non-exclusive, non-transferable license to install and use the app on devices you own or control, in accordance with these Terms; if this license conflicts with the license terms of the Google Play Developer Distribution Agreement, those terms prevail to the extent of the conflict. Either way, you may use the app and the Services only for your personal, non-commercial use, the app works only with a Luvenue account, and your access to the Services ends if your account is deleted or terminated (Section 20). All other rights are reserved. “Luvenue” and the Luvenue logo are trademarks of Mocha Innovations LLC.

15. Copyright complaints (DMCA)

15.1 Our designated agent. We respect intellectual property rights and respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). The service provider is Mocha Innovations LLC, 169 Madison Ave, STE 11564, New York, NY 10016, USA, also known as Luvenue, luvenue.com, www.luvenue.com, and Luvenue app. Our designated agent to receive notices of claimed infringement, registered with the U.S. Copyright Office, is:

Copyright Agent, Mocha Innovations LLC 169 Madison Ave, STE 11564, New York, NY 10016, USA Phone: +1 646-504-0011 Email: legal@luvenue.com

The DMCA requires notices and counter-notices to be sent to our designated agent.

15.2 What a notice must include. Your notice must be in writing and include: (1) a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf; (2) identification of the copyrighted work you claim has been infringed or, if one notice covers several works, a representative list of them; (3) identification of the material you claim is infringing and want removed, with enough information for us to find it (for example, the member’s first name, age, and city as shown on their profile, and a screenshot); (4) information reasonably sufficient for us to contact you, such as your address, your telephone number and, if you have one, your email address; (5) a statement that you have 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; and (6) a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. If your notice leaves something out, we may contact you to ask for it. We may tell the member who posted the material your name and which work your notice concerns; we do not share your address, telephone number, or email address with them unless the law requires it. Anyone who knowingly materially misrepresents that material is infringing may be liable for damages (17 U.S.C. § 512(f)).

15.3 If we remove your Content. If we remove your Content, or disable access to it, because of a copyright notice, we will promptly tell you in the app or by push notification. If you believe it was removed because of a mistake or misidentification, you can send our designated agent a written counter-notice that includes: (1) your physical or electronic signature; (2) identification of the material that was removed or disabled and where it appeared before it was removed (for example, “the third photo on my profile”); (3) a statement under penalty of perjury that you have 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; and (4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which Mocha Innovations LLC may be found) and that you will accept service of process from the person who sent the notice or their agent. We will send a copy of your counter-notice, including your name, address, and telephone number, to the person who sent the notice. Unless our designated agent first receives notice from that person that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Services, we will restore the material, or stop disabling access to it, not less than 10 and not more than 14 business days after we receive your counter-notice. Anyone who knowingly materially misrepresents that material was removed by mistake or misidentification may be liable for damages (17 U.S.C. § 512(f)). A counter-notice does not restore material that we removed, or would remove, for breaking these Terms or the Community Guidelines, including an intimate image removed under Section 11.

15.4 Repeat infringers. In appropriate circumstances, we terminate the accounts of members who repeatedly infringe copyright. We count a copyright strike each time we remove a member’s Content because of a valid copyright notice, and take it off again if the material is restored after a counter-notice. Three copyright strikes will generally result in removal, and we may remove an account after a single notice where the infringement is blatant, for example a profile built from someone else’s photos. A member removed under this Section may not create a new account (Section 2).

15.5 Other rights. Complaints about trademarks or other rights that are not copyright are not DMCA notices; send them to legal@luvenue.com.

16. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, MOCHA INNOVATIONS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT YOU WILL MEET ANYONE, MATCH WITH ANYONE, OR FORM ANY RELATIONSHIP; THAT ANY MEMBER IS WHO THEY SAY THEY ARE; OR THAT ANY CONTENT IS ACCURATE. WE MAKE NO WARRANTY ABOUT THE CONDUCT OF ANY MEMBER.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.

17. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MOCHA INNOVATIONS LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, MOCHA INNOVATIONS LLC WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THE CONDUCT OF ANY USER OF THE SERVICES, ON OR OFF THE SERVICES, INCLUDING PHYSICAL OR EMOTIONAL HARM ARISING FROM INTERACTIONS OR COMMUNICATIONS WITH OTHER USERS OR FROM MEETINGS ARRANGED THROUGH OR RESULTING FROM THE SERVICES, EXCEPT TO THE EXTENT OUR OWN ACTS OR OMISSIONS CAUSED THE HARM.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS YOU PAID TO MOCHA INNOVATIONS LLC FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

THESE LIMITATIONS DO NOT APPLY WHERE PROHIBITED BY LAW, AND THEY DO NOT LIMIT OUR LIABILITY FOR: (A) OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; (B) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (C) OUR VIOLATION OF LAW, WHETHER WILLFUL OR NEGLIGENT; OR (D) STATUTORY DAMAGES THAT THE LAW DOES NOT ALLOW TO BE LIMITED OR WAIVED. THEY REFLECT THE ALLOCATION OF RISK BETWEEN YOU AND US AND APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18. Indemnity

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Mocha Innovations LLC and its members, managers, employees, agents, and service providers from any claim, demand, loss, liability, or expense (including reasonable attorneys’ fees) arising out of or relating to your Content, your use of the Services, your interactions with other members on or off the Services, or your breach of these Terms or any law. We may take over the defense of any matter for which you must indemnify us, and you agree to cooperate. This Section applies only to claims brought by third parties. It does not require you to pay our attorneys’ fees or costs in any dispute between you and us.

19. Disputes

Please read this Section carefully. It affects your rights.

19.1 What this Section covers. This Section applies to any dispute, claim, or controversy between you and Mocha Innovations LLC about your use of the Services, our provision of the Services, or payment for anything you buy through the Services (a “Dispute”). The rules in these Terms on where a case is heard (Section 19.5), on jury trial (Section 19.6), and the part of Section 23.2 on which law governs a Dispute apply to Disputes and to nothing else.

19.2 Talking to us first, if you’d like. Most problems can be sorted out with a conversation. Before you start a case, you’re welcome to write to us at legal@luvenue.com, or by mail to the address in Section 1, and we will try in good faith to resolve it with you. This step is up to you: it is never a condition of going to court, and you can start a case at any time. Writing to us doesn’t pause any legal deadline for bringing a claim.

19.3 Court, not arbitration. These Terms contain no agreement to arbitrate. Disputes are decided by a court.

19.4 Small claims. Either of us may bring an individual Dispute in small-claims court if it qualifies.

19.5 Where a case is heard. Apart from small-claims court: if you start a case, you may file it in the state or federal courts for the county where you live or, if you prefer, in the state or federal courts located in New Castle County, Delaware; if we start a case against you, we will file it in the state or federal courts for the county where you live. Each of us agrees to the personal jurisdiction of the court where a case is filed under this Section.

19.6 Jury trial. TO THE EXTENT PERMITTED BY LAW, YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL IN ANY DISPUTE. THIS WAIVER DOES NOT APPLY TO A CASE DESCRIBED IN SECTION 19.7.

19.7 Sexual assault and sexual harassment. If your Dispute relates to a sexual assault or sexual harassment connected with the Services, including a sexual assault dispute or a sexual harassment dispute as those terms are defined in the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (9 U.S.C. §§ 401–402), whether or not that Act applies to it: the jury waiver in Section 19.6 does not apply; you may file it in the state or federal courts for the county where you live or in New Castle County, Delaware; and nothing in these Terms limits any right you have under that Act.

19.8 Changes and survival. This Section applies prospectively only and survives the end of your account. Any change to it is a material change under Section 23.1, so we will ask you to accept it in the app before it applies to you. A change to this Section does not apply to a Dispute that arose, or a claim that accrued, before you accepted the changed Terms; that Dispute or claim stays governed by the version of these Terms you had accepted before.

19.9 Severability. If any part of this Section is found unenforceable, that part will be severed and the rest of this Section will apply.

20. Termination

You may stop using the Services and delete your account at any time. We may suspend or terminate your account, or your access to any part of the Services, at any time: immediately and without notice for a violation of these Terms, the Community Guidelines, or the law, or for legal, safety, or security risk; and otherwise on reasonable notice. On termination, your access to the Services ends, and Sections 5.8, 8.2 (as to safety, legal, and backup records), 10.3, 14 through 19, 21, 22, and 23 survive, together with any other provision that by its nature should survive.

Anyone under 18. We will not enforce these Terms, or the terms of any purchase, against anyone under 18, except to end their access to the Services. If we learn that an account belongs to someone under 18, we will refund what they paid us for Passes and date credits, as Section 5.6 describes.

21. App stores

21.1 Apple. If you downloaded Luvenue from Apple’s App Store, we license the app software to you under Apple’s Standard EULA (Section 14), and these Terms apply alongside it. The Standard EULA also covers services you reach through the app; where it and these Terms both apply and conflict, the Standard EULA controls as to your license to the app software, and these Terms control as to everything else, to the extent the law and the Standard EULA allow, including your account, your Content, virtual items, and how disputes are resolved (Section 19). For any claim against us, including a claim the Standard EULA covers, we rely on the limits in Section 17 and not on any lower limit in the Standard EULA.

  • These Terms are between you and Mocha Innovations LLC only, not Apple. Apple is not responsible for the Services, our content, or the conduct of any member, and has no obligation to provide maintenance or support for the app.
  • We, not Apple, are responsible for the Services and for any claim relating to them, including claims under consumer-protection, privacy, or similar law.
  • If the app fails to conform to any warranty that applies to it, you may notify Apple, and Apple will refund any purchase price you paid for the app itself; to the maximum extent permitted by law, Apple has no other warranty obligation for the app.
  • If anyone claims that the app, or your possession or use of it, infringes their intellectual property rights, we, not Apple, are responsible for investigating, defending, settling, and discharging that claim.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, may enforce them against you.

21.2 Google Play. If you downloaded Luvenue from Google Play, these Terms are between you and Mocha Innovations LLC only, not Google. Google is not responsible for the app, the Services, our content, or the conduct of any member, and has no liability under these Terms; we, not Google, provide support for the app. For purchases through Google Play in the United States, Mocha Innovations LLC is the seller and merchant of record, and Google processes the payment. Your use of Google Play, and any payment you make through it, is also governed by the Google Play Terms of Service and the Google Payments Terms of Service.

21.3 Both stores. You must comply with any applicable third-party terms when using the app (for example, your wireless carrier’s terms). Our contact details for questions, complaints, or claims are in Section 1.

22. State-specific terms and notices

22.1 Online dating safety awareness. The following notice is provided under the laws of several states, including Colorado, Connecticut, Illinois, New Jersey, New York, Texas, and Utah. We show it to every member at registration, wherever they live, and it is always available from Settings and in our Safety Policy:

LUVENUE DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS.

ONLINE DATING SAFETY AWARENESS

Anyone who is able to commit identity theft can also falsify a dating profile. An individual may provide false information in a dating profile. Getting to know someone through an online dating service may be risky, so follow safety precautions when you share information or meet in person. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. Never include your last name, email address, home address, phone number, place of work, social security number, details of your daily routine, or any other identifying information in your profile or in initial messages or communications. Stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick or coerce you into revealing it.

PROTECTING YOURSELF FROM SEXUAL ASSAULT AND DATING VIOLENCE

Engaging in sexual conduct without the other person’s consent is a criminal act and subject to prosecution. If you choose to have a face-to-face meeting with another member, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from your date and meet in a public place with many people around. Block and report to Luvenue any member whose behavior is suspicious, offensive, harassing, threatening, or fraudulent, who asks you for money, or who tries to sell you a product or service. If you are the victim or survivor of sexual or intimate partner violence or a financial crime through someone you met on Luvenue, please report it to us and to law enforcement. You are not to blame, and you can get support from national or local hotlines and services. Reporting criminal activity may help stop the person from hurting you or others, and may be needed for us to act against them. To report a member, tap Report in the app or email safety@luvenue.com. If you are in danger, call 911. Support resources: National Sexual Assault Hotline 1-800-656-4673; National Domestic Violence Hotline 1-800-799-7233.

PROTECTING YOURSELF FROM FINANCIAL CRIMES

Never send money or share financial information with another member, especially by wire transfer, even if they say they are having an emergency, and no matter the story. Report any member who asks you for money. Learn more about romance scams at consumer.ftc.gov, and report fraud to the Federal Trade Commission at reportfraud.ftc.gov.

22.2 Background screening. LUVENUE DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. This statement is provided under the laws of New Jersey, Illinois, Texas, Connecticut, Utah, and other states. We show it to every member before they can communicate with other members, and on every member’s full profile.

22.3 Fraud notifications. Arizona, Colorado, New York, Utah, and Vermont require dating services to notify members who received and responded to messages from a member banned for fraud (in some of those states, also for using a false identity). We notify more people than that. When we ban a member because, in our judgment, they may have been using a false identity or may pose a significant risk of attempting to obtain money from other members through fraudulent means, we notify every member who exchanged chat messages with them, had a video call with them, or received an invitation from them, wherever they live. We send the notice by text message to the phone number on their account (and, where the app offers it, in the app or by push notification), generally within 24 hours of the ban and never more than three days after it. The notice gives the banned member’s first name and profile identifier; when you were last in contact with them; that we banned them because, in our judgment, they may have been using a false identity or may pose a significant risk of attempting to obtain money from other members through fraudulent means; a reminder never to send money, including cash or any other form of currency, or personal financial information to another member; a link to information on how to avoid being defrauded by another member; and how to contact us. Never send money or financial information to another member, whatever the story, and report anyone who asks.

22.4 Your right to cancel a purchase. The laws of Arizona, California, Colorado, Connecticut, Illinois, New York, Rhode Island, and Wisconsin give buyers a right to cancel a purchase from a dating service. If one of those laws covers your purchase (our Purchase Terms explain how we tell, from the location on your profile and your phone’s location when you buy), you, the buyer, may cancel the purchase, without penalty or obligation, until midnight, your local time, of the later of (a) the seventh calendar day after the purchase and (b) the third business day after the purchase, counting Monday to Friday and not counting federal or state holidays. That is at least as long as each of those states requires, and the notice your state prescribes is shown with your purchase (Section 22.5). A purchase that none of those laws covers carries no right to cancel under this Section; Section 5.6 explains its refunds.

How to cancel. Tell us, in any words that show you want to cancel the purchase: in the app, with the Cancel button on a Google Play purchase’s receipt (Settings › Purchases); by email to support@luvenue.com; through the support form; by mail or by hand to Mocha Innovations LLC, 169 Madison Ave, STE 11564, New York, NY 10016, USA (certified or registered mail is fine); or by calling or texting +1 646-504-0011 (a voicemail or a text message is enough). Your notice cancels the purchase; you don’t need the store’s approval. A notice you mail counts from the day you post it.

Your refund. For a Google Play purchase, we refund everything you paid for the purchase within 10 days after your notice, through Google Play, even if you have already used some of the Passes or date credits from it. For an App Store purchase, refunds are handled by Apple, not us (Section 5.6). When a purchase is refunded, the Passes or date credits from it are removed from your balance. We confirm your notice when we receive it.

22.5 The notices each state prescribes. Several states prescribe the exact words a dating service must show a buyer, and where they must appear. If one of those states’ laws covers your purchase, the purchase screen shows your state’s notice above the Buy button before you pay, and your receipt in the app opens with it, together with any cancellation form your state requires, completed with the purchase date (New York’s form appears twice). Before your first purchase, the app asks you to agree, with one tap, to get these records electronically; you can ask us for a paper copy at any time, free. All of the notices are reproduced in our Purchase Terms at luvenue.com/purchase-terms. If New York law covers your purchase, the Dating Service Consumer Bill of Rights is linked at every purchase. If you’re in California or Colorado, your state’s statement is also the first paragraph of these Terms in the app.

22.6 New York. If New York law covers your purchase, then in addition to Section 22.4:

  • you may put your membership on hold for up to one year by pausing your account (Section 4);
  • if you move to an area Luvenue doesn’t serve, Section 5.8 applies;
  • if the purchase cost more than $25 and you have no introduction for two or more successive months after you buy it (a month while your area is waitlisted counts), you may cancel it and receive a full refund of what you paid. We charge no cancellation fee. An introduction means a video call with another member that actually took place;
  • your purchase contract includes New York’s clauses on your personal information: we don’t transfer it without your prior written consent, and when our services to you end, we delete it and send you a certificate, unless the law requires us to keep it (Purchase Terms, A10).

22.7 Death, disability, and moving. The refunds in Section 5.8 for death, disability, and moving somewhere Luvenue isn’t available are required by the laws of several states, including California, Colorado, Illinois, and New York, and we offer them to every member.

22.8 Connecticut residents. Our Safety Policy at luvenue.com/safety is our online safety center. It explains how to report a member, offers safety advice for online and in-person interactions, links to resources for victims of sexual assault, sexual harassment, and domestic violence, explains how to recognize and avoid romance scams, and describes the policy we have adopted for handling reports of harassment.

22.9 Our Safety Policy. Our Safety Policy describes the content and conduct we prohibit, whether we screen or verify members, how reports, suspensions, removals, appeals, and notices to other members work, and the safety resources available to you, including resources for Colorado residents. It is published under Colorado Revised Statutes § 6-1-731.5 and applies to every member.

22.10 California residents. Under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

23. General

23.1 Changes to these Terms. We may change these Terms. Changes apply prospectively only. If a change is material, we will ask you to review and accept the new Terms in the app before you continue, and we will note the date at the top; any change to Section 19 is material. Non-material changes take effect when posted. A dispute is governed by the version of these Terms that you had most recently accepted when the dispute arose or the claim accrued, whichever is earlier. Each published version is archived, and we keep a record of the version you accepted.

23.2 Governing law. These Terms, and any Dispute (Section 19.1), are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules, except that (a) if you live in California, California law governs these Terms and any Dispute, and (b) the consumer-protection laws of the state where you live apply to you where they cannot be waived.

23.3 Entire agreement; severability; waiver. These Terms, including the Community Guidelines, are the entire agreement between you and us about the Services and replace any earlier terms, except that a dispute or claim governed by an earlier version under Section 23.1 stays governed by that version. Each purchase is also governed by the Purchase Terms that formed part of it. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms will remain in effect (subject to Section 19.9). Our failure to enforce a provision is not a waiver of it.

23.4 Assignment. You may not transfer these Terms or your account. We may assign these Terms to a successor or affiliate in connection with a merger, acquisition, reorganization, or sale of assets, and will honor the Privacy Policy in doing so.

23.5 Notices. We may give you notice in the app, by push notification, by text message for the purposes listed in Section 13, by email if you have given us one, or by posting on luvenue.com. Notices to us go to the addresses in Section 1, or to legal@luvenue.com for legal notices.

23.6 Third-party services. The Services rely on third-party services (for example, Apple, Google, Agora, Stream, RevenueCat, and Sightengine) and may link to third-party websites. We are not responsible for third-party services or websites, and your use of them is subject to their terms. Some rooms, recaps or offers may be presented by a business we choose; anything presented this way is labelled. A business’s offer is its own: its terms govern it, and we are not responsible for it.

23.7 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.

23.8 No relationship. Nothing in these Terms creates a partnership, agency, fiduciary, or employment relationship between you and us.

23.9 Language. These Terms are written in English. Where we provide a translation, the English version controls if there is any conflict. The exception is a purchase contract, or a notice that comes with it, that state law requires us to give you in another language: there, the version in that language is the one that counts.

23.10 Contact. Questions about these Terms: support@luvenue.com. Legal notices: legal@luvenue.com. Safety and intimate-image removal requests: safety@luvenue.com. Privacy requests: privacy@luvenue.com. Copyright notices: our designated agent (Section 15).