Warnung: Die Lovense-Website und die Lovense-Softwaresuite, einschließlich, aber nicht beschränkt auf Computer- und mobile Software (allgemein als „App“ bezeichnet), können sexuell eindeutiges Material enthalten oder zur Übertragung verwendet werden, das für Personen ab 18 Jahren bestimmt ist. Wenn Sie unter 18 Jahre alt sind, wenn dieses Material für Sie anstößig ist oder wenn es in Ihrer Gerichtsbarkeit illegal ist, dieses Material anzusehen, fahren Sie nicht fort.

DIESES DOKUMENT ENTHÄLT WICHTIGE GESCHÄFTSBEDINGUNGEN, DIE IHRE RECHTSANSPRÜCHE UND RECHTSMITTEL BETREFFEN. MIT DER NUTZUNG DER APP ERKLÄREN SIE SICH MIT DIESEN GESCHÄFTSBEDINGUNGEN EINVERSTANDEN.

The terms "you," "your," and "yours" refer to any and all users of the App. The terms "it," "its," "we," "us," "our," and "Lovense" refer to HYTTO PTE. LTD., the owner and operator of the websites, products, services, and software applications referenced herein (hereinafter the "Company" or "Lovense"). These Terms and Conditions (hereinafter referred to as the "Agreement") expressly incorporate by reference the Privacy Policy and the End User License Agreement.

This Agreement forms a legally binding contract between you and HYTTO PTE. LTD. PLEASE READ IT CAREFULLY. By accessing or using the App, or any of our smart electronic products, services, or websites that link to or reference this Agreement (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to this Agreement, you must not access or use the Services, and you must immediately uninstall and delete the App from your computer, mobile device, or other hardware.

ARBITRATION AND CHOICE OF LAW NOTICE: PLEASE READ CAREFULLY: THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A CHOICE OF LAW PROVISION THAT AFFECT YOUR LEGAL RIGHTS. EXCEPT FOR DISPUTES EXPRESSLY EXCLUDED BELOW, YOU AND LOVENSE AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION. YOU AND LOVENSE WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, INCLUDING CLASS-WIDE OR MASS ARBITRATION.

1. USER CONDUCT

a. Wer kann die Dienste nutzen

The Services are intended solely for adults. You must be at least 18 years of age (or the age of legal majority in your jurisdiction, whichever is greater) to download or access the App, create an account, or use the Services. By accessing or using the Services, you represent, warrant, and agree that:

(a) you have the legal capacity, authority, and intent to enter into a binding contract with the Company;

(b) you will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations;

(c) if you are using the Services on behalf of a business, organization, or other legal entity, you are duly authorized to bind such entity to this Agreement, and the terms "you," "your," and "yours" shall refer to both you individually and to such entity, jointly and severally;and

(d) you have read, understood, and consent to the Company's Privacy Policy and End User License Agreement, each of which is incorporated into this Agreement by reference.

b. Ihre Rechte

Subject to your compliance with this Agreement, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable, and royalty-free license to access and use the Services for your personal, non-commercial use. You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, or attempt to derive the source code of the Services, nor use the Services to develop or train any competing product or machine learning model, except (i) as expressly permitted by this Agreement, (ii) with the Company's prior written consent, or (iii) to the extent applicable law expressly prohibits such restrictions. The Company reserves all rights not expressly granted herein.

c. Unsere Rechte

The Company does not routinely monitor User Content but reserves the right to do so to comply with law, enforce this Agreement, or protect users and the public. You are solely responsible for all User Content you transmit through the Services.

The Services may display advertisements from the Company, its affiliates, and third-party partners.

Only software, applications, and devices authorized in writing by the Company may connect to or interoperate with any Lovense product or Service. Unauthorized interoperability constitutes a material breach of this Agreement and infringement of the Company's intellectual property rights.

d. Von anderen erstellte Inhalte

User Content transmitted, uploaded, posted, sent, or stored through the Services is the sole responsibility of the person or entity that submitted it. The Company does not endorse, verify, or assume responsibility for any User Content, and makes no representation or warranty regarding its accuracy, legality, or appropriateness.

The Company is an "interactive computer service" within the meaning of 47 U.S.C. § 230 and shall not be treated as the publisher or speaker of any User Content provided by another information content provider. You access or rely on User Content provided by others entirely at your own risk. You may report any User Content that you believe violates this Agreement or applicable law to [[email protected]].

e. Waiver and Public License

To the maximum extent permitted by applicable law, you fully, permanently, irrevocably, and unconditionally waive, abandon, and surrender all copyright and related rights, and all associated claims and causes of action (whether now known or hereafter arising), in the User Content, worldwide, for the maximum duration permitted by law, in any medium, and for any purpose, including commercial, advertising, or promotional purposes (the "Waiver").

If any part of the Waiver is held invalid or unenforceable, you grant each affected person a royalty-free, non-exclusive, non-transferable, non-sublicensable, irrevocable, and unconditional license to exercise your copyright and related rights in the User Content on the same terms (the "License"). If any part of the License is held invalid, the remainder shall remain in effect, and you affirm that you will not (i) exercise any remaining copyright or related rights in the User Content, or (ii) assert any associated claims or causes of action with respect to the User Content.

f. AI Service

Definitions. The Services may include AI-powered features developed by the Company or third-party AI Providers (collectively, "AI Service"). "Input" means content you submit; "Output" means content generated in response.

User Responsibility. You are solely responsible for all Inputs and Outputs. You represent and warrant that they (i) comply with this Agreement, applicable laws, and AI Provider terms; (ii) do not infringe any third-party right; and (iii) do not contain or seek to generate sexually explicit material involving minors or other unlawful content.

AI Provider Processing. Inputs and Outputs may be transmitted to and processed by AI Providers to deliver the AI Service. Subject to applicable law and AI Providers' terms, they may use Inputs and Outputs to operate, maintain, and improve their services, including, where lawful, to train or fine-tune their AI models. You should refrain from including sensitive or special categories of personal data in your Inputs.

Applicable Terms. Use of any third-party AI Service is also subject to the AI Provider's terms (with the more restrictive terms controlling in case of conflict). Our Privacy Policy governs the Company's processing of your Personal Data; the AI Providers' processing is governed by their own policies, which we encourage you to review. The Company is not responsible for AI Providers' processing, except as required by law.

Output Limitations. Outputs may be inaccurate, incomplete, misleading, or unlawful. They do not constitute professional advice. Similar or identical Outputs may be generated for other users; you have no exclusive rights in any Output.

Lovense AI CS. We may deploy automated customer-support features; you may at any time request to be connected with a human agent at [[email protected]].

Risk and Indemnification. Use of the AI Service is at your sole risk. To the maximum extent permitted by law, the Company disclaims all liability arising from your use of the AI Service or any Output, and you agree to indemnify the Company and AI Providers in accordance with this Agreement.

g. Loyalty Program Enrollment

By creating a Lovense account, you will be automatically enrolled in the Lovense Loyalty Program (the "Loyalty Program"). Participation is voluntary, and you may opt out at any time, without charge, through your account settings or by contacting [[email protected]].

Your participation is subject to the applicable Loyalty Program rules and policies, which the Company may modify or terminate at any time in its sole discretion. Loyalty Program points and rewards have no cash value, are non-transferable, and may be forfeited upon termination of the Loyalty Program or your participation therein.

2. PRIVACY

a. Datenschutzrichtlinie

(1) Service-Related and Marketing Communications
By using the App, you agree and consent that your use of our Services and our collection and processing of your data, including information transmitted to or stored by HYTTO PTE. LTD. and its sites or affiliates, is governed by the Lovense Privacy Policy. This policy is published at https://www.lovense.com/privacy-policy.

By creating an account, making a purchase, or subscribing to our newsletter, you agree that the Company may send you service-related communications (such as account, transactional, and security notifications) and promotional communications (such as newsletters and special offers). You may opt out of promotional emails at any time using the unsubscribe link in each email or through your account settings. Service-related communications cannot be opted out of while your account remains active.

(2) Text Message Communications
By providing your mobile number, you consent to receive recurring automated promotional, transactional, and marketing text messages (SMS/MMS) from Lovense, including via automatic dialing systems. Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies. You may opt out at any time by replying STOP or contacting [[email protected]]. The Company is not liable for delayed or undelivered messages. You represent that the mobile number you provide is your own and that you are at least 18 years of age.

b. Respecting Other People's Rights

You agree not to misuse the Services. You shall not, and shall not enable any third party to:

(1) commit or encourage any criminal offense or unlawful act;
(2) transmit or distribute any virus, worm, Trojan horse, malware, or other malicious code;
(3) hack, gain unauthorized access to, or compromise the security of the Services or any user account; corrupt, alter, or destroy any data;
(4) interfere with the performance or functionality of the Services or any associated computer systems, including through denial-of-service attacks, scrapers, or bots;
(5) violate or infringe any other person's rights of publicity, privacy, copyright, trademark, patent, or other intellectual-property right;
(6) bully, harass, threaten, stalk, intimidate, defame, or shame any person, or engage in hateful or discriminatory conduct;
(7) transmit any content that is unlawful, obscene, pornographic involving minors, in breach of confidence, or otherwise offensive;
(8) impersonate any person or misrepresent your identity or affiliation;
(9) send unsolicited advertising or promotional material ("spam"), or harvest user information for such purposes;
(10) use the Services for any commercial purpose or to train any competing product or machine learning model, without the Company's prior written consent.

Without the Company's express written consent, you may not use any branding, logos, trademarks, designs, photographs, videos, or other materials of the Company; nor may you copy, archive, download, distribute, broadcast, scrape, or otherwise use any portion of the Services or its content except as expressly permitted by this Agreement.

Any violation of this Section may result in immediate suspension or termination of your account, removal of User Content, and forfeiture of any rewards, in addition to all other available remedies. Where a violation may constitute a criminal offense or violate applicable law, the Company reserves the right to investigate, report such violation to the appropriate authorities, and disclose your identity and account information in accordance with applicable law and the Privacy Policy. The Company's failure to enforce any provision of this Section shall not constitute a waiver of its right to do so at any time.

3. THIRD-PARTY COPYRIGHT AND DMCA NOTICE

The Company respects intellectual property rights and complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). The Company removes or disables access to allegedly infringing material upon receipt of a valid notice and, in accordance with 17 U.S.C. § 512(i), maintains a policy of terminating repeat infringers in appropriate circumstances.

To submit a DMCA takedown notice or counter-notification, please contact the Company's Designated Copyright Agent at [[email protected]] with all information required by 17 U.S.C. § 512(c)(3) or § 512(g)(3), respectively. Misrepresentations may result in liability under 17 U.S.C. § 512(f).

For other intellectual-property concerns (including trademarks, patents, or trade secrets), please contact [[email protected]].

4. SAFETY AND CYBERSECURITY

The Company strives to keep the Services safe but cannot guarantee a risk-free environment. You share responsibility for safe and lawful use.

Prohibited Conduct. You will not: (1) use the Services unlawfully; (2) use any automated tool to access the Services or extract user information; (3) develop or interface third-party applications with the Services or Lovense products without written consent; (4) disrupt, overload, or impair the Services or any user's enjoyment; (5) access another user's account or device without permission; (6) solicit credentials from other users; (7) post graphic violence, hate speech, threats, sexual content involving minors, or incitements to violence; (8) upload malware or compromise security; (9) circumvent any content-filtering, security, or access-control measure; or (10) probe or test vulnerabilities.

Product Cybersecurity. The Company designs and offers its products with digital elements in accordance with applicable cybersecurity laws, and provides security updates throughout the supported lifetime. You agree to install updates promptly and not modify or circumvent security measures. The Company will notify users of exploited vulnerabilities and severe incidents as required by law.

Vulnerability Reporting. Report suspected vulnerabilities in good faith to [[email protected]]. Do not publicly disclose vulnerabilities before the Company has had a reasonable opportunity to remediate.

Physical Safety and User Interactions. Use the Services and any Lovense product safely and in accordance with all instructions and warnings. Do not use them in a manner that could distract you from traffic or workplace safety laws, and discontinue use if you experience any pain or adverse effect. You are solely responsible for any loss, damage, injury, or fraud arising from interactions with other users, including remote-control sessions or off-platform transactions.

5. ACCOUNT SECURITY

You agree to provide accurate registration information and to maintain the confidentiality of your account credentials, including username and password. You are responsible for all activities that occur under your account, whether or not authorized by you. You agree to not share or disclose your credentials to any third party.

Notify the Company immediately at [[email protected]] if you become aware of, or suspect, any unauthorized access to your account or breach of account security. The Company is not liable for any loss arising from your failure to comply with this Section. The Company may suspend, restrict, or terminate your account at its sole discretion if it suspects unauthorized use, fraud, or violation of this Agreement.

6. PRICING, PRODUCT INFORMATION, AND ORDERS

Information on the Lovense website may, from time to time, contain typographical errors, inaccuracies, or omissions relating to product descriptions, specifications, images, pricing, promotions, shipping, or availability. The Company reserves the right, without prior notice, to correct any such errors and to change or update information at any time, including after you have submitted an order.

Your submission of an order constitutes an offer to purchase, which the Company may accept or decline in its sole discretion. A binding contract of sale is formed only upon the Company's express acceptance or shipment of the ordered products. If a product is listed at an incorrect price or with incorrect information, the Company may refuse or cancel any order, whether or not the order has been confirmed and your payment method charged; in such case, any amount charged will be refunded.

All products and offers are subject to availability and may be limited or discontinued at any time. Prices do not include applicable taxes, duties, customs fees, or shipping charges, unless expressly stated. For returns, please refer to the Returns Policy, which is incorporated into this Agreement by reference.

7. AMENDMENT TO TERMS

The Company may amend, modify, supplement, or discontinue this Agreement, the Services, or any part thereof at any time in its sole discretion. Material changes will be communicated through the App, the Lovense website, by email, or by other reasonable means, and will take effect on the date specified in the notice or, where no date is specified, upon publication. Where required by applicable law, the Company will provide reasonable advance notice. Your continued use after the effective date constitutes acceptance; if you do not agree, you must cease using the Services and may close your account.

8. DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. The Company does not warrant that the Services will be uninterrupted, secure, error-free, timely, or accurate, or that any defects will be corrected.

Certain features or content may be generated by artificial intelligence and are provided for informational purposes only. Reliance on AI-generated Output is at your sole risk; the Company does not warrant its accuracy, completeness, or suitability, and you are encouraged to seek qualified professional advice or independently verify any information.

The Company assumes no responsibility or liability for any content created, uploaded, posted, sent, received, or stored by you, any other user, or any third party through the Services. You acknowledge that you may be exposed to content that is offensive, inaccurate, misleading, unlawful, or otherwise inappropriate.

Nothing in this Agreement shall exclude, restrict, or modify any rights or remedies you may have as a consumer under applicable mandatory law that cannot be excluded by contract. Where any disclaimer or limitation in this Section is held unenforceable, it shall apply to the maximum extent permitted by such law.

No Liability for Force Majeure. The Company shall not be liable for any failure or delay in performance, or any disruption to the Services, caused by circumstances beyond its reasonable control, including without limitation acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government action, labor disputes, infrastructure failure, internet or telecommunications outage, third-party service provider failure, or cyberattacks.

9. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Lovense and its managing members, shareholders, employees, affiliates, licensors, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, data, use, or goodwill, arising out of or in connection with: (a) your use of, or inability to use, the Services; (b) any conduct or content of users or third parties; or (c) any unauthorized access to or use of your content.

Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or willful misconduct.

To the extent permitted by law, Lovense’s total aggregate liability arising out of or in connection with the Services shall not exceed the amount paid by you for the relevant product or Service in the ninety (90) days preceding the event giving rise to the claim.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1 Governing Law. This Agreement and any Dispute shall be governed by the laws of the Hong Kong, without regard to conflict-of-laws principles. The CISG shall not apply.

10.2 Informal Resolution. Before initiating any formal proceedings, the parties shall attempt in good faith to resolve any Dispute for at least 30 days after written notice.

10.3 Arbitration. Any Dispute shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under its Administered Arbitration Rules in force at the time the Notice of Arbitration is submitted. The seat shall be Hong Kong, the tribunal shall consist of one arbitrator (unless the HKIAC determines three arbitrators are warranted), and the language shall be English. Proceedings shall be confidential. The award shall be final and binding.

10.4 Class Action and Jury Trial Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. EACH PARTY WAIVES ANY RIGHT TO A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR MASS PROCEEDING, AND ANY RIGHT TO A JURY TRIAL.

11. ENTIRE AGREEMENT AND SEVERABILITY

These Terms constitute the entire agreement between you and HYTTO PTE. LTD. regarding the use of our Services, superseding all prior or contemporaneous communications and proposals (whether oral, written, or electronic).

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

The Lovense Privacy Policy and End User License Agreement are integral parts of, and are incorporated by reference into, this Agreement. By accessing or using the Services, you acknowledge that you have read, understood, and agreed to all of these documents, which together constitute the entire agreement between you and the Company and supersede any prior understandings. In the event of any conflict between this Agreement and the Privacy Policy regarding data processing, the Privacy Policy shall prevail; in all other matters, this Agreement shall prevail.

12. PREVAILING LANGUAGE

The English version of this Agreement is the official and binding version. While we may provide translations for your convenience, the English version shall prevail in the event of any conflict or inconsistency, except where mandatory law in your jurisdiction requires otherwise.