Terms and Conditions

LensFriends App, LLC Terms of Use

Effective Date: July 2, 2024

These Terms of Use outline the conditions (the “Terms”) for using LensFriends App, LLC (“LensFriends”, “we”, “us”, or “our”). These Terms are applicable to all websites and mobile applications owned and operated by us or our affiliates that link to these Terms, as well as related online and offline services (including our social media pages) (collectively, the “Services”).

For contact information, see Section 31, below.

1. Acceptance of the Terms

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which are incorporated by reference. If you do not agree with these Terms and the Privacy Policy, please do not use our Services. These Terms replace any previous Terms of Use between you and us or any of our affiliates or predecessors. Certain features or products available through our Services may be subject to additional terms and conditions, which will be presented to you at the time of use or purchase. For example, any contests, sweepstakes, or promotions (each a “Promotion,” and collectively, “Promotions”) made available through our Services will be governed by rules separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy . If there is a conflict between the rules for a Promotion and these Terms, the Promotion rules will apply. Additionally, some areas of our Services (including, without limitation, Stripe) are hosted or provided by third-party hosts or service providers and are subject to additional terms and conditions of use, which are posted within those areas on such third parties’ websites.

PLEASE READ SECTION 22 “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” CAREFULLY AS IT REQUIRES YOU TO RESOLVE DISPUTES WITH US INDIVIDUALLY THROUGH FINAL AND BINDING ARBITRATION. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS HEREIN AND HAVE CONSIDERED THE CONSEQUENCES OF THIS IMPORTANT DECISION.

We reserve the right to change, modify, add, or remove portions of these Terms at any time, and you agree to be bound by such changes. It is your responsibility to periodically review the Terms because any changes will be binding on you. By continuing to access or use the Services after changes to the Terms are effective, you agree to be bound by the revised Terms.

2. The Services and Users of the Services

Our Services offer a unique community and marketplace catering to the wedding industry, expectant parents, and other significant life and business events. The Services are accessible only to individuals and business entities who are at least 18 years old and can legally form binding contracts.

Users of our Services include individuals such as engaged couples, newlyweds, wedding guests, event hosts, cohabitants, business owners, expectant parents, etc. (collectively referred to as “Members”), as well as companies and third parties offering products and services related to weddings and other important life and business events (collectively referred to as “Vendors”). All users, including both Members and Vendors, are collectively referred to as “Users.” Certain areas of the Services facilitate interactions between Members and Vendors, allowing Members to book services offered by Vendors.

a. Members

As a Member, you understand that while we employ methods to verify the identity of Vendors when they register on our Services, we cannot and do not guarantee each Vendor’s identity, capabilities, legal compliance, or possession of necessary permits or licenses. We do not endorse any specific Vendor or guarantee the quality of their goods or services. Our Services should be used as a starting point for identifying providers of the products and services you need, followed by your own research to ensure they are suitable for you.

b. Vendors

If you accept these Terms on behalf of a company or other legal entity, you confirm that you have the authority to bind that entity to these Terms. In this case, “you” and “your” refer to that entity.

As a Vendor, you acknowledge that we do not endorse you or your products or services. We are not responsible for facilitating agreements between you and Members or for helping you provide goods and services to Members. Your membership or subscription to our Services is non-transferable and non-sellable.

Vendors must list their true and correct business name on the Services and promptly update it if there are any changes, providing additional documentation if necessary. Vendors must have a valid business operations license if required. In cases of business dissolution, mergers, or significant personnel changes, we reserve the right to decide whether to maintain, transfer, or terminate your account.

We offer various types of memberships or subscriptions, both paid and unpaid. Unpaid memberships, such as “Basic,” “Free Trial,” “Free Version”, “Free”, or “Lite,” do not guarantee advertising placement or other benefits, and we may modify or cancel these at any time. Paid memberships are subject to additional terms and conditions outlined in the Terms of Purchase, which are incorporated into these Terms. If there is a conflict between the Terms and the terms for any paid service, the latter will govern.

3. Neutral Venue

You acknowledge that we do not act as a product or service provider, vendor, or agent representative for any Vendor. We and our Services serve solely as a neutral platform where Users can connect for specific types of services or products. We are not involved in transactions between Users and have no control over the quality, accuracy, safety, or legality of the transactions or Vendor listings. We do not guarantee the ability of Vendors to provide items or services or the ability of Members to pay for them. We make no representations or warranties and are not responsible for the actions or inactions of Users.

4. Nondiscrimination Policy

We strive to create an inclusive environment for all Users. Discrimination based on race, color, religion, sex, national origin, ancestry, ethnicity, immigration status, disability, marital status, pregnancy status, sexual orientation, gender identity, gender expression, veteran or citizenship status, age, or any other protected characteristic is prohibited. This includes refusing to provide or accept services based on these characteristics and posting discriminatory content on the Services. We will take steps to enforce this policy, including suspending access to our Services for those who violate it. If you experience discrimination, please contact us at hello@lensfriendsapp.com with the subject “Nondiscrimination Policy” so we can investigate and take appropriate action.

We reserve the right to suspend access to our Services and terminate contracts with any User who violates these rules or engages in offensive behavior that reflects poorly on us.

5. Jurisdictional Issues

We operate the Services from our facilities in the United States. Unless otherwise specified, the materials on the Services are intended to promote products and services available in the United States and its territories. We do not represent that the materials are appropriate or available for use in other locations. If you access the Services from other locations, you are responsible for compliance with local laws.

6. Accounts, Passwords, and Security

To access certain features of the Services, you may need to register and create an account. You agree to provide accurate, current, and complete information and keep it updated. Certain features may be available only to registered Users, requiring you to log in with your username and password. You are responsible for all activities under your account, authorized or not. Protect the confidentiality of your password, as we are not liable for any loss or damage arising from your failure to do so.

6. Accounts, Passwords, and Security

To access certain features of the Services, you may need to register and create an account. You agree to provide accurate, current, and complete information and keep it updated. Certain features may be available only to registered Users, requiring you to log in with your username and password. You are responsible for all activities under your account, authorized or not. Protect the confidentiality of your password, as we are not liable for any loss or damage arising from your failure to do so.

7. Privacy

Our Privacy Policy outlines how we manage the information you provide when using our Services. By using the Services, you consent to our collection and use of this information as described in the Privacy Policy, including processing and utilization by us and our affiliates. If you interact directly with a Vendor through our Services, their Privacy Policy will apply to those interactions.

8. Rules for Using the Services

You must adhere to all relevant laws and contractual obligations when using the Services. By using the Services, you agree to follow these rules:

Users of the Services

You agree not to:

  • Create an account under another person’s or entity’s name, create multiple accounts, use someone else's account, or impersonate others.
  • Use the Services for any unlawful purpose, prohibited by these Terms, or to solicit illegal activities or infringe our rights or the rights of others.
  • Restrict or inhibit other Users from enjoying the Services.
  • Collect information from the Services using automated tools or manually on a mass basis without permission.
  • Circumvent or reverse-engineer the Services or systems to gain unauthorized access
  • Take actions that impose an unreasonable load on the Services or connected systems.
  • Use the Services for competitive intelligence or to create or sell a similar product.
  • Manipulate identifiers to disguise the origin of any information posted.
  • Promote spamming, chain letters, or other unsolicited communications.
  • Engage in tactics to bypass our policies, avoid fees, or circumvent contractual obligations.

Vendors

As a Vendor, you agree not to:

  • Violate any laws regarding your use of the Services and your business operations.
  • Include promotional text or endorsements in your storefront name or picture.
  • Discourage Members from hiring other Vendors.
  • Transfer Member leads to others not using the Services.

We reserve the right to suspend access or terminate contracts for any User violating these rules.

9. Protection of Intellectual Property Content

Our Services contain various forms of intellectual property, including copyrighted material, trademarks, and potentially patentable inventions. Unless otherwise specified, this Intellectual Property Content is our exclusive property. You may use the Services for personal, non-commercial purposes but cannot use it for commercial purposes without explicit permission.

You also cannot modify, reproduce, distribute, or frame any part of the Services without prior written consent. Any trademarks or service marks used in the Services are our property, and you cannot use them without our consent.

10. Content Submitted by Users

Users can submit content to the Services, but you must use common sense and good judgment when posting. By submitting content, you represent and warrant that you own the content or have the rights to use it, and that all individuals involved have authorized its use. You are solely responsible for your submitted content, and we are not liable for its accuracy or legality. You must indemnify us for any liabilities arising from your content.

11. Our License to Submitted Content

By posting content, you grant us a perpetual, non-exclusive, worldwide license to use, copy, display, and distribute your content in connection with the Services and our business. This includes the right to create derivative works and sublicense these rights. We may retain archived copies of your content and continue to use it even if you remove it from the Services.

12. Rules Regarding Submitting Content

You agree not to post content that:

  • Is incorrect or outdated.
  • Poses a risk of harm, loss, or injury to any person or animal.
  • Is fraudulent, obscene, unlawful, or otherwise harmful.
  • Creates liability for us or encourages illegal conduct.
  • Scans or tests the security of our Services.
  • Contains personal information you do not wish to make public or that invades another's privacy.
  • Includes unauthorized advertising or links to third-party sites.
  • Contains harmful software or imposes an unreasonable load on our systems.
  • Infringes on third-party intellectual property rights.

We reserve the right to monitor, remove, or restrict any content that violates these rules.

13. Tools & Changes to Services

Our Services offer various tools, some provided by third parties. We are not responsible for the availability or effectiveness of these tools. We may modify or discontinue any tools or features without notice. We are not liable for data loss resulting from these changes.

14. Fees & Payments

Joining the Services is free for Users, but optional fee-based services are available. Vendors can opt into additional paid services with specific terms. Payments are governed by the terms agreed upon at the time of service use.

For Members, some services are free, but optional paid services may be offered. You must agree to incur charges before your credit card is billed.

For Vendors, Premium Services are available for a fee. Changes in fees and the introduction of new services may occur without notice.

Payment errors may be corrected by debiting or crediting your payment method. We are not responsible for errors made by other Users.

You are responsible for all charges under your account and must ensure your payment method is valid. Unpaid fees may incur interest, and we may pursue collection actions for outstanding balances.

Automatic Membership Renewal (Auto-Renew): Vendor memberships may renew automatically unless specified otherwise. You must cancel before renewal to avoid charges.

For detailed terms and conditions, please refer to the full agreement provided during service use.

15.1. Text Messaging

By using our Services, you consent to receive text (SMS) messages at the phone number you provided. These messages can include operational messages about your use of the Services, as well as marketing or promotional messages. Your ability to use the Services may be contingent on receiving operational messages. Users may also send you text messages through the Services.

You can opt-out of marketing text messages at any time by texting STOP in response to any message or by emailing hello@lensfriendsapp.com with your phone number. Opt-out requests may take some time to process, and you may receive confirmation messages. If you do not want to receive operational messages, you should not use the Services. Messages may be sent using an automatic telephone dialing system. Receiving marketing texts is not a condition for purchasing or using the Services. We, carriers, and text messaging platforms are not liable for delayed or undelivered messages. If you change or deactivate your phone number, you must update your account to avoid inadvertent communication. Data and message rates may apply.

15.2. E-SIGN Disclosure

By agreeing to receive text messages, you consent to using an electronic record to document your agreement. You can withdraw this consent by emailing hello@lensfriendsapp.com. To view and retain this disclosure, you need a device with a web browser and Internet access, and either a printer or storage space on the device. For a free paper copy or to update your contact information, email hello@lensfriendsapp.com.

16. Coupons & Discounts & Trials

We may offer promotional coupons (“Coupons”) or discounts (“Discounts”) or trials (“Trials”) for purchasing goods and services from us or third parties (“Coupon Vendors”). Each Coupon or Discount may have additional terms. Violating these terms voids the Coupon or Discount. We are not responsible for lost or stolen Coupons. Coupons or Discounts cannot be redeemed for cash, are limited to one per redemption, and are void where prohibited by law. They may not be used for alcohol, tips, taxes, and other statutory limitations. We may discontinue providing Coupons or Discounts at our discretion without notice.

17. Disclaimers of Warranties

THE SERVICES ARE PROVIDED FOR ENTERTAINMENT, EDUCATIONAL, AND PROMOTIONAL PURPOSES ONLY. LensFriends AND ITS AFFILIATES, INCLUDING DIRECTORS, OFFICERS, STOCKHOLDERS, EMPLOYEES, CONSULTANTS, PARTNERS, AGENTS, AND OTHER REPRESENTATIVES (“LIMITED PARTIES”) ARE NOT HEALTH CARE OR TELEHEALTH PROVIDERS. THE SERVICES DO NOT CONSTITUTE COUNSELING, THERAPY, HEALTH, MEDICAL, OR LEGAL ADVICE. USE THE SERVICES AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR MONITORING USER COMMUNICATIONS AND ARE NOT PARTY TO TRANSACTIONS BETWEEN USERS. WE DO NOT GUARANTEE VENDOR QUALIFICATIONS OR THE QUALITY OF PRODUCTS AND SERVICES. SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. WE DO NOT GUARANTEE SERVICE AVAILABILITY, ACCURACY OF INFORMATION, SECURITY, OR UNINTERRUPTED, ERROR-FREE SERVICE.

ALTHOUGH WE TRY TO PROVIDE ACCURATE INFORMATION, WE RESERVE THE RIGHT TO CORRECT OR CHANGE INFORMATION AT ANY TIME. WE ARE NOT LIABLE FOR INACCURACIES OR OMISSIONS. NO ADVICE OR INFORMATION FROM US CREATES A WARRANTY NOT EXPRESSLY STATED HEREIN. PRODUCTS AND SERVICES MAY VARY IN COLOR AND SIZE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY LIMITATIONS, SO THESE MAY NOT APPLY TO YOU.

18. Limited Liability

WE AND THE LIMITED PARTIES ARE NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICES, USE OF COUPONS, OR RELIANCE ON SERVICE INFORMATION. OUR LIABILITY IS LIMITED TO THE LESSER OF THE FEES YOU PAID IN THE 12 MONTHS PRIOR TO THE CLAIM OR $100. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE ARE NOT RESPONSIBLE FOR USER DISPUTES. YOU RELEASE THE LIMITED PARTIES FROM ALL CLAIMS ARISING FROM DISPUTES WITH THIRD PARTIES.

CALIFORNIA RESIDENTS WAIVE CALIFORNIA CIVIL CODE §1542. LIMITATIONS ON LIABILITY DO NOT APPLY TO GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INTENTIONAL WRONGDOING.

19. Indemnity

You agree to indemnify, defend, and hold us and the Limited Parties harmless from third-party claims arising from your use of the Services, including advertising, provision, or non-payment for goods or services, infringement, defamation, harassment, or rights violations, and breach of Terms or law. We reserve the right to assume defense at our expense, and you must cooperate. Indemnification survives these Terms and your use of the Services.

20. Suspension or Termination of Access and Remedies

We can deny, suspend, or terminate your access to the Services and remove your content at any time for any reason. Reasons include but are not limited to: Terms violations, multiple accounts, non-payment, influencing feedback, unethical conduct, or harassment.

If access is terminated, you remain bound by the Terms effective at termination. No refunds or exchanges will be given unless applicable terms state otherwise. If you are a Vendor, we may retain and display your reviews and basic directory information. Remedies for Terms violations include termination, warnings, suspensions, monetary compensation, and injunctive relief.

21. Governing Law; Venue and Jurisdiction

By using the Services, you agree that Utah law governs the Terms and any disputes, excluding conflict of law principles. Disputes not subject to arbitration will be handled in Utah state and federal courts.

22. MANDATORY ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS.

Application

The U.S. Federal Arbitration Act governs these arbitration provisions, covering any disputes, including those related to contract, tort, statute, fraud, misrepresentation, and more. This section excludes certain intellectual property and small claims court claims. Initial Dispute Resolution

Attempt to resolve disputes informally before arbitration by contacting us at hello@lensfriendsapp.com. Provide a brief description and your contact information. Good faith discussions are required before initiating arbitration or a lawsuit.

Binding Arbitration If disputes are unresolved within 60 days, either party may initiate binding arbitration through JAMS. Claims under $250,000 follow the JAMS Streamlined Arbitration Procedure Rules; claims over $250,000 follow the JAMS Comprehensive Arbitration Rules and Procedures. Arbitration replaces the right to sue in court.

Arbitrator’s Powers The arbitrator has exclusive authority to resolve disputes about the Terms, including validity and enforceability. The arbitrator can grant any court-available relief. The arbitrator’s decision is binding and can be entered in any competent court.

Filing a Demand To start arbitration, submit a Demand for Arbitration to JAMS and send a copy to us. We cover arbitration costs exceeding lawsuit filing fees and fees for non-frivolous claims. Each party covers their own attorneys' fees unless rules state otherwise.

Class Action Waiver YOU AND WE AGREE TO INDIVIDUAL CLAIMS ONLY, NOT AS PLAINTIFFS OR CLASS MEMBERS IN CLASS ACTIONS. If a class action waiver is unenforceable, arbitration provisions are void.

Exception: Litigation of Intellectual Property and Small Claims Court Claims Claims related to intellectual property or small claims are excluded from arbitration and can proceed in court or the U.S. Patent and Trademark Office.

30-Day Right to Opt Out Opt-out of arbitration and class action waiver by sending written notice within 30 days of the Effective Date to hello@lensfriendsapp.com.

Changes to This Section Notice of material changes to this section will be posted or emailed 30 days before taking effect. Changes apply only to claims after the effective date.

Survival This section survives any termination of your use of the Services.

23. Claims of Copyright Infringement — DMCA Notice

We respond to copyright infringement claims under the DMCA. Submit DMCA Notices to our Copyright Agent at hello@lensfriendsapp.com. Notices must include:

1. Your physical or electronic signature.
2. Identification of the copyrighted work.
3. Identification of the infringing material.
4. Your contact information.
5. A good faith statement of unauthorized use.
6. An accuracy statement.
7. An authorization statement under penalty of perjury.
Incomplete notices may be ineffective. False claims can result in liability for damages. Counter-Notices must include similar information and consent to jurisdiction. Misrepresentation in Counter-Notices also carries liability.
This policy may result in account termination for repeat infringers.

24. Linked Websites

The Services may contain links to other websites or third-party sellers of products and services. These links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of these sites or the products and services sold on them. We are not responsible for the availability or accuracy of content on such sites. When you visit a linked site, read the terms of use and privacy policy that govern that particular linked website.

25. The Services Do Not Provide Medical Advice

The Services are not intended to provide instructions in the event of an emergency. If you believe you may have a medical emergency, call 911 or your local emergency medical system immediately. The Services are not an attempt to practice medicine or provide specific medical advice, nor does using the Services constitute the provision of treatment to a user or establish a doctor-patient relationship. For medical treatment or answers to personal questions, consult with a qualified healthcare provider. The Services are for general, personal, and educational purposes and should not be used as a substitute for visiting, diagnosing, or treating by a qualified healthcare provider. Application or reliance on any content, techniques, ideas, or suggestions accessed through the Services is at your sole discretion and risk. Do not delay or forgo seeking medical care if you have questions, concerns, or symptoms related to health topics or information presented on the Services. The Services are not intended to provide a substitute for your sound and reasonably prudent judgment. Persons using the Services assume full responsibility for the use of the Services, materials, and other information provided, and agree that LensFriends and its Representatives are not responsible or liable for any claim, loss, or damage arising from their use. Your reliance on the Services is solely at your own risk except as provided by law.

26. General Provisions

Statute of Limitations: Regardless of any law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action accrued, or it will be permanently barred.

Section Headings: The section headings used herein are for convenience only and have no legal import.

Changes: We reserve the right to revise our Services, product, and/or service offerings, including the tools available to you, at any time for any reason, including to comply with applicable laws or regulations. We are not liable to you or any third party for any such modification, suspension, or discontinuance.

No Agency: Your use of the Services does not imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship with us. No affiliation, association, or connection exists between you and us, and you have no authority to bind, commit, contract for, or obligate us in any manner.

Electronic Communications: Communications between you and us via the Services use electronic means. For contractual purposes, you consent to receive communications from us electronically, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement for written communications. This does not affect your non-waivable rights.

No Third-Party Beneficiaries: The Terms are not intended to benefit any third party and do not create any third-party rights. The Terms may only be invoked or enforced by you or us. No Assignment: The Terms are personal to you and cannot be assigned to anyone else.

No Modification by Trade Usage/Prior Course of Dealing: The Terms cannot be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not expressly included in the Terms.

Failure to Enforce: Our failure to enforce any provision of the Terms, exercise any election or option, or require the performance of any provision will not be construed as a waiver of such provisions.

Unenforceability: If any provision of the Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions.

Prevailing Terms: In case of conflict between the Terms and any other document made a part of the Terms, the Terms prevail unless otherwise stated or when the other document specifically states it shall prevail.

Entire Agreement: These Terms, along with any additional terms referenced herein or applicable to specific areas of the Services, constitute the entire agreement between us and you with respect to the Services.

27. Rules of Conduct

In addition to the rules specified above, all Users of LensFriends must follow additional rules of conduct. You agree not to:

Interfere with the booking of a Vendor on LensFriends.
Contact a client of LensFriends to warn them away from hiring a Vendor on LensFriends.
If you are a Vendor, discourage clients from hiring other LensFriends Vendors.
Discourage or prevent clients from booking your services through LensFriends.
If you are a Vendor, transfer client leads provided to you to non-LensFriends Vendors or entities outside LensFriends Services.

Utilize client leads sent to other LensFriends Vendors or Members but not sent to you.

28. Event Protection Policy

By using LensFriends and agreeing to these Terms, you also agree to our Event Protection Policy, which is, as a Vendor or User, you agree that LensFriends is not liable for cancellations or refunds.

29. Payments

Billing Policies: You are responsible for paying any applicable fees (including subscription fees) as set forth on Stripe and Payment Terms at Privacy Policy (stripe.com) or in any agreement entered into through the Services. You must pay applicable taxes associated with the Services in a timely manner with a valid payment method.
Chargebacks: Vendors are responsible for issuing refunds to Users outside of LensFriends. Stripe or LensFriends are not liable for refunds or errors in issuing refunds. Users should initiate chargebacks or request refunds only if they believe the charge is incorrect, fraudulent, or there was an error with the billed amount. Violations may result in suspension of access to the Services.
Lite Memberships: Lite (“Free Trial”) memberships are offered for a three-month term. There is no guarantee they will continue to be offered or offered for free after the agreed membership length.

30. Suspension or Termination of Access

LensFriends may suspend or terminate your membership and/or deactivate your access to the Services if you engage in Circumventing Tactics, fail to reply to gig-alerts, falsify events or information, fail to perform at an event, post contact information on your profile, or engage in similar violations of the Terms.

31. Contact Information for Specific Properties

If you have any questions or comments regarding these Terms, contact us at hello@lensfriendsapp.com