Lovingly Alpha Testing Agreement

This Alpha Testing Agreement (the Agreement) is between Lovingly, LLC (Lovingly, we) and the U.S. business that accepts it (you). It governs your invited use of the Lovingly Business Operating System during the Alpha program (Alpha). The person accepting represents that they have authority to bind the business and to connect the business information and accounts used with Alpha.

This Agreement applies only to Alpha. It is self-contained and does not incorporate the Lovingly U.S. Retailer Terms of Service. For Alpha participation, this Agreement governs instead of any general Lovingly terms that would otherwise apply. If you are an existing Lovingly Shop partner, your Shop agreements continue to govern Shop and are not replaced or amended by this Agreement. Your separate agreements for other Lovingly products also remain in effect for those products. The Alpha Privacy Notice describes how Lovingly handles information in Alpha. Separate permission is still required to connect a third-party account and to take actions that call for specific authorization.

1. What Alpha is

Alpha is a small, invitation-only test of an unfinished business operating service delivered through LUMA. Features, outputs, integrations and availability may change, fail or stop. Lovingly may review Alpha activity, investigate issues and contact participants to improve the service. Alpha is not a promise of a particular business result or a later paid offer.

Alpha has a monthly limit on AI use, measured in periods that start when your Alpha access begins. If your business reaches that limit, work that needs AI processing, including work already underway and replies under a standing delegation, pauses until the next monthly period or an earlier increase in available capacity. We will show you when the limit affects work. Reaching it does not create a charge.

You may use Alpha only for your own business and through the account Lovingly approves. Keep account access secure, tell us promptly about unauthorized use, and provide information you have the right to share. Do not submit payment-card numbers, passwords, health information or other sensitive information that Alpha does not ask for. Do not use Alpha unlawfully, interfere with its security or give another business access to your instance.

2. Price, card and later offers

Alpha is $0 per month. A credit card is required at enrollment and is collected through Stripe-hosted Checkout. We do not charge you for Alpha. Stripe may ask your card issuer to place a temporary verification authorization when your card is collected. It is not an Alpha charge; your issuer controls when it stops appearing as pending. Providing a card does not authorize Lovingly to charge you for Beta, Regular Access or any other later paid service.

Alpha has no promised minimum term and no automatic conversion to a paid service. If Lovingly later offers a paid service, we will show its price, billing timing and terms and obtain your separate acceptance before any paid charge or paid access begins. You may decline without being charged for that offer.

3. Participation and support

Alpha is intended for participants willing to help us find problems and improve the service. We ask you to give regular, candid feedback and report problems as you encounter them. We may invite you to group or one-on-one discussions at mutually arranged times; there is no fixed meeting schedule or minimum number of sessions. Feedback need not be positive.

Send Alpha support, correction, access and data requests to help@support.lovingly.ai. We will review requests sent to that inbox within two business days. This is a commitment to review a request, not to resolve it within that time. There is no direct phone support or guaranteed resolution time for Alpha. We handle applicable legal requests according to law; the review commitment does not replace applicable legal rights or deadlines.

Changes to action permissions made in Settings take effect as described in Section 4A and do not wait for email review.

4. Your information, connected sources and permissions

You retain your rights in the information you provide or authorize Alpha to read (Business Content). To the extent you have the necessary rights, you give Lovingly a non-exclusive right to use Business Content, and to permit its service providers to process it on Lovingly’s behalf, as needed to operate, secure, support, restore, evaluate and improve Alpha and to create permitted generalized learning, consistent with the Alpha Privacy Notice. This right is limited by applicable law, source restrictions and this Agreement. Publication requires the separate permission described in Section 5. This license does not by itself authorize Lovingly to publicly identify your business, publish a recognizable example or sell your identifiable information. Google content is used only as permitted by Google’s terms and your connection authorization.

For the first Alpha assessment, Alpha may use your business website’s homepage and About Us page and the one Google Business Profile location you connect. During ongoing work, Alpha may also check your public website for current facts such as hours. Alpha also reads existing unanswered reviews, new reviews and other permitted Google information, including current performance information, for ongoing work. You represent that you are authorized to connect and use the selected business profile. Google and other source terms continue to apply. Connecting Google does not, by itself, authorize Alpha to publish a review reply or change your profile. Section 4A explains the separate action permissions.

You may use outputs delivered to your account for your business, including after Alpha ends, subject to applicable source and third-party rights. Lovingly retains its rights in Alpha’s software, models, workflows and other underlying technology. Alpha outputs may resemble outputs given to others and are not guaranteed to be unique.

You are responsible for checking important facts and actions presented for your approval, especially information shown publicly or sent to others. Alpha may produce incomplete, inaccurate or unsuitable suggestions. Do not rely on it as legal, tax, financial or other professional advice. Lovingly remains responsible for following the permissions it obtains and for the commitments it makes in this Agreement, subject to Section 8’s limitations on financial liability.

4A. Actions on your Google Business Profile

Alpha may propose a reply to a Google review or a supported change to your business profile. An authorized person must approve the action. After experience with comparable approved work, including any corrections and verification, we may propose separate express standing permission for a defined set of eligible review replies at the selected location. We will show the conditions and exclusions before you accept and record who agreed, when, and what was shown. Reviews involving legal or safety consequences, refunds, identity questions, disputed facts or significant service recovery are excluded from standing permission and require specific approval before publication. Google connection, payment, silence or a previous approval does not grant standing permission.

Settings → Authority lets you manage whether eligible review replies may be published automatically within a current, valid delegation or must be brought to you for approval. Other review replies and profile changes require their own applicable approval. A Settings choice does not grant authority beyond the scope you expressly accepted.

You can narrow or turn off automatic review replies in Settings → Authority. A withdrawal or narrowing made there applies to queued replies as well as new work: Alpha must not publish a reply that your current permission no longer covers. For assistance, email help@support.lovingly.ai. The email review period in Section 3 does not delay a permission change made in Settings. We are responsible for acting only within your current permission and stopping work that no longer has it.

If Alpha publishes a reply outside your specific approval or valid standing delegation, that reply was not authorized by this Agreement. Tell us at help@support.lovingly.ai. We will investigate and, with your approval for the corrective action and where Google permits, remove or correct the reply. We retrieve the current review and published reply directly from Google when needed rather than keep stored copies as a historical archive. Google content may have changed or become unavailable, so retrieval may not reproduce what was visible at an earlier time. Removing or correcting a reply may not erase copies or effects outside Lovingly’s control.

Review proposed public content before approving a specific action. Alpha may publish a reply covered by your standing delegation without showing you that reply beforehand. A reply or profile change published with your permission appears as your business’s action. Google decides whether to accept, display, remove or restrict content or the profile. Lovingly remains responsible for following your approval or delegation and for checking the outcome of an action it takes.

5. Product learning and feedback

Lovingly may review Alpha activity and feedback to operate and improve the service, as described in the Alpha Privacy Notice.

If we propose to publish general learnings drawn from information in your account, we will ask for your separate permission before publication, even if the proposed learnings would not reasonably identify your business. Publication permission is separate from the internal evaluation and product-improvement use described in this Agreement. You may decline publication permission without ending your Alpha participation.

Published general learnings must respect confidentiality, applicable law and source restrictions. We will not use Google Business Profile API content or restricted derivatives for published insights. Your permission cannot override a source restriction.

We will not publish your name, logo, quote, screenshot, identifiable result or endorsement without separate permission covering that use.

We may use the ideas and suggestions you give us about Alpha to improve Lovingly products without payment or further approval. This does not transfer ownership of your Business Content or grant permission for publication or public attribution.

6. Your private information

Lovingly will use reasonable care to protect your nonpublic business information and use it only as this Agreement and the Alpha Privacy Notice permit. We share it only with authorized people or service providers who need it for those purposes and must protect it, or when disclosure is required by law or reasonably necessary and lawful to protect rights, safety or security. These protections continue after Alpha while the information remains confidential.

7. Ending Alpha and data requests

You can remove the Google Business Profile connection through Settings → Connections → Manage. Disconnecting removes Lovingly’s permission to access or manage that profile through Alpha and stops work that depends on the connection. It does not delete your saved Alpha data, edit your Google profile or end your Alpha participation. Source-specific retention limits still apply.

You may ask to leave Alpha by emailing help@support.lovingly.ai. Lovingly may suspend or end Alpha or your access at any time, including for safety, source restrictions, misuse or the end of the program. We will tell you what has stopped and how to reach us outside the product. When access ends, Alpha’s interactive, scheduled, background and external work for your account stops, and no Alpha charge or unaccepted paid charge is created. We also remove the Google permissions granted for Alpha.

Alpha has no in-product data-deletion control. To request deletion, access or correction of your data, email help@support.lovingly.ai. We handle applicable requests as required by law. Ending Alpha or disconnecting Google does not itself delete saved data. The Alpha Privacy Notice describes retention and requests.

After Alpha ends, Lovingly may continue internal evaluation and product improvement using information it may lawfully retain under this Agreement and the Alpha Privacy Notice. Protection of your nonpublic information, deletion requests and source restrictions still apply; this permission does not extend a record’s permitted retention. Permission to use feedback already given and your permitted use of delivered outputs also continue. Any publication still requires the separate permission described in Section 5.

Sections 4A, as to investigating and correcting unauthorized replies; 5, as to permitted continuing use and publication limits; 6; 7, as to data requests and permitted retention; 8; and 9 continue after Alpha ends.

8. Alpha risk, warranties and liability

No warranties. Alpha is unfinished evaluation software provided “as is,” “as available” and with all faults. To the fullest extent permitted by law, Lovingly disclaims express, implied and statutory warranties, including merchantability, fitness for a particular purpose, title and noninfringement. We do not guarantee availability, accuracy, security, error-free performance or business results. We may change or withdraw Alpha. Keep your own records and review important actions and public content.

Exclusion of liability. To the fullest extent permitted by law, Lovingly, its affiliates, and their respective officers, employees and agents will not be liable to you for damages arising out of or relating to Alpha or this Agreement. This includes direct, indirect, incidental, special, consequential, exemplary and punitive damages, and losses of profits, revenue, business opportunities, goodwill or data. These exclusions apply whether a claim is based on contract, tort, including our ordinary negligence, statute or another legal theory, even if the loss was foreseeable or we were advised of its possibility.

Limits required by law. Nothing in this Agreement excludes or restricts liability, remedies or rights that applicable law does not allow us to exclude or restrict. Each exclusion applies only as far as the law permits.

Continuing commitments. Our commitments to follow your permissions, protect information and investigate problems remain in effect. Financial claims relating to those commitments are subject to this section to the extent permitted by law.

9. Other terms

New York law governs this Agreement, without its conflict-of-law rules.

Dispute resolution. Before a formal proceeding, first attempt to resolve the dispute directly with Lovingly by emailing legal@lovingly.ai. If it remains unresolved 30 days after Lovingly receives the email, disputes concerning this Agreement will be decided through binding arbitration under American Arbitration Association rules in White Plains, New York. Both parties waive court adjudication, except that either may request interim protection for confidential information in the state or federal courts in White Plains before arbitration. Those courts may also compel arbitration or confirm an award; any court with jurisdiction may enforce it. Claims must proceed individually: neither party may bring or participate in a class, collective or representative action, and claims cannot be consolidated in arbitration without both parties’ consent. Both parties waive a jury trial. These provisions apply only to the extent permitted by law.

If a provision cannot be enforced, the rest remains in effect. Neither party waives a right merely by delaying its exercise. Lovingly may assign this Agreement as part of a merger, reorganization or sale of its business. We may send notices about this Agreement to the email address on your Alpha account. Lovingly may update this Agreement for future use, but a material change to your accepted Alpha terms will be shown to you for acceptance before it applies to your continued participation. If you do not accept a material change, either party may end Alpha.

Questions about Alpha go to help@support.lovingly.ai. Formal legal notices may be sent to legal@lovingly.ai or by mail to Lovingly, LLC, 169 Madison Ave STE 69244, New York, NY 10016.

By selecting the required terms checkbox in Stripe Checkout and completing enrollment, the authorized representative accepts this Agreement for the business.