Lovys, a simplified joint-stock company (SAS) with share capital of €2,036.79, registered with the Bobigny Trade and Companies Register under number 832028021, with its registered office at 5 rue Pleyel – 93200 Saint-Denis (France) (“Lovys”), operates the website www.lovys.com and the Lovys mobile app (together, the “Lovys Platform”). Lovys is authorised to carry out insurance distribution, in the Life and Non-Life classes, as a branch of an insurance intermediary based in France, under ASF (Portuguese Insurance and Pension Funds Supervisory Authority) reporting number 922040615.
All Users (as defined below) must read these General Terms of Use carefully before using the Services (as defined below) of the Lovys Platform.
“Account” means a User's digital profile created through the Lovys Platform, used to subscribe to insurance products and/or services.
“General Terms of Use” or “Terms” means these general terms of use of the Lovys Platform, which govern the User's use of the Services of the Lovys Platform.
“Lovys Platform” means the website https://lovys.com/ and the Lovys mobile app.
“Services” means (i) information about the insurance products offered on the Lovys Platform, (ii) free quotes for the possible subscription of an insurance contract, (iii) the subscription of insurance products and/or services and (iv) the online management of any insurance products and/or services on the Lovys Platform.
“User” means any person who uses the Services.
Defined terms have the same meaning whether used in the singular or plural.
Access to and/or use of the Lovys Platform and the Services offered on it requires the unconditional and unreserved acceptance of all the Terms, as well as compliance with them. The Terms are governed by Portuguese law.
The Terms form a contract between Lovys and the User. This contract is concluded as soon as the User uses the Lovys Platform.
Lovys reserves the right to change the Lovys Platform and the Terms at any time, or to add new contractual terms, in particular in the event of technical or legal changes or when new Services are provided. The User is therefore advised to read the Terms regularly to see the version in force.
Lovys will not inform the User of a change to the Terms concerning the technical aspects of the Lovys Platform and the Services, provided that it does not result in a price increase or a decrease in quality, and provided that the features on which the User based their commitment are included in the Terms.
Lovys will inform the User, by any means, of other changes to the Terms and the Services. In these cases, the User has thirty (30) days' notice to tell us they disagree, after which the changes will be deemed tacitly accepted. If the User does not wish to accept all or part of the Terms, they must refrain from any use of the Lovys Platform and the Services.
To create an Account, the User must:
Creating an Account involves providing an identifier and choosing a personal, confidential password. After registering on the Lovys Platform, the User has a personal space for which they alone are responsible. The User undertakes not to disclose their password to third parties and to take all necessary precautions to prevent third parties from accessing it. The User undertakes to notify Lovys without delay if their password is lost or misused and to change their login details immediately (in this case, the User also authorises Lovys to take any appropriate measures, such as resetting the username and password or suspending access to the Account). Otherwise, and unless proven otherwise, any connection or transmission of requests or data made using the password will be deemed to come from the User and will be their sole responsibility.
The Lovys Platform offers its Users a service for issuing and managing insurance contracts [by monthly subscription].
Insurance products and services can only be subscribed to on the Lovys Platform once a distance insurance contract has been concluded, signed digitally, with its documents available in the personal profile the User created on the Lovys Platform.
The Terms are therefore supplemented by the terms of the documents that make up the insurance contract(s) subscribed to by each User on the Lovys Platform.
The Lovys Platform is available anywhere, provided the minimum technical conditions are met, in particular in terms of access to the mobile network and the internet, and the technical compatibility of the device used to access it.
Lovys Credits are a promotional digital currency, or one linked to a loyalty programme, that can be used as a discount on eligible insurance payments with Lovys. Credits are non-transferable and cannot be exchanged for cash or resold.
Lovys Credits are valid for a limited period, as specified when they are granted. When subscribing to an insurance contract, Lovys Credits can only be used on contracts paid monthly. They can never be used to subscribe to a contract paid annually.
The amount of Credits that can be applied to each payment may be restricted, in line with Lovys's policies. Lovys reserves the right to change or end the Credits programme at any time without notice. Any misuse or fraud involving Credits may lead to their cancellation.
Referral rules: When the same person is invited to join Lovys by several clients, only the invited person and the first client who sent the referral are eligible for the related credits, provided the invited person actually takes out Lovys insurance. To receive a reward, your guests must therefore take out Lovys insurance. Rewards cannot be used to pay for a first subscription.
When a user pays a premium or any other amount due through a secure payment link provided by Lovys, the payment is processed by our payment service provider. The payment method used to complete the transaction may be shared securely with Lovys by the payment service provider and stored by Lovys to make future payments related to the user's contracts or services easier.
If the user does not already have a default payment method on file, the payment method used in this transaction may be set as the default, allowing future premiums to be paid automatically.
If the user already has a default payment method on file, the method used through the secure link will only be stored and will not replace the existing default payment method.
The user can add a new payment method at any time from their client space.
Lovys is bound to the User only by an obligation of means and gives no warranty, express or implied, including any warranty of quality or fitness for a particular use of the Services provided to the User (without prejudice to Lovys's obligations as an insurance broker).
The Lovys Platform and all its elements (for example, tree structure, trademarks, domain names, texts, images, graphics, sounds, data, software, etc.) are the exclusive property of Lovys or are used by it with the permission of the rights holder, and are subject to the applicable French and international laws. In particular, they are protected by copyright and trademark law.
The User undertakes not to infringe any of these intellectual property rights and not to exploit any element of the Lovys Platform without Lovys's prior written permission. The Lovys Platform and all its components are also protected by the contractual commitments set out in the Terms.
In particular, the User undertakes not to reproduce, modify, alter, distribute, transmit, give, rent, sell or, more generally, exploit all or part of the Lovys Platform, by any means and on any medium, without Lovys's prior written permission. In particular, the following are prohibited: (i) any text or data mining, (ii) the use of a robot, data extractor or any other tool allowing the automatic extraction of all or part of the content of the Lovys Platform and (iii) the extraction of all or part of the content of the Lovys Platform.
By publishing content on the Lovys Platform, the User automatically grants Lovys a licence to use this content to manage the Lovys Platform, worldwide and for the period needed to manage their account.
The User declares that the rights granted in this way do not infringe the rights of third parties and are not subject to any claim.
Finally, the User undertakes to indemnify Lovys for any amounts it may be ordered to pay in relation to the ownership of the rights granted, whatever their nature, whether relating to intellectual property rights, image rights, competition or unfair practices, and undertakes to reimburse Lovys for any amounts it may be ordered to pay in this respect.
Lovys makes its best efforts to ensure the proper functioning of the Lovys Platform and the Services, within the limits of liability set out in the Terms.
Lovys uses all the means at its disposal to ensure quality access to the Lovys Platform, which is in principle accessible 24 hours a day, 7 days a week. As this is an obligation of means, Lovys cannot guarantee that this result will be achieved. Lovys therefore disclaims all liability, in particular in the event of an interruption of the Lovys Platform (for example, after maintenance operations or due to technical problems), in the event of computer viruses and, more generally, in the event of direct or indirect damage of any kind caused to the User as a result of accessing or using the Lovys Platform (including in the event of unlawful use following identity theft).
Lovys gives no warranty, express or implied, as to the accuracy of the information it publishes on the Lovys Platform. Lovys therefore cannot be held liable for any direct or indirect damage resulting from errors, inaccuracies or omissions in the information on the Lovys Platform.
Lovys cannot be held liable or considered in breach of the Terms for any delay or failure if the cause of the delay or failure is linked to a case of force majeure, as defined by the case law of the Portuguese courts. Force majeure includes, in particular, the interruption, suspension or reduction of electronic communications networks, or acts beyond Lovys's control.
Use of the Lovys Platform is the sole and entire responsibility of the User. The User is solely responsible for the information they communicate through the Lovys Platform. In the event of abnormal use or unlawful exploitation of the Lovys Platform, the User is solely responsible for any damage caused to third parties and for the consequences of any claims or actions that may result.
The User also waives any recourse against Lovys in the event of legal proceedings brought against them by third parties due to the unlawful use and/or exploitation of the Lovys Platform.
In general, the User undertakes to comply with all applicable laws in force in Portugal.
The User undertakes not to use the Lovys Platform to (i) publish, transmit, share, store or otherwise make available content that is contrary to public policy, harmful, threatening, illegal, defamatory, unauthorised, abusive, offensive, malicious, fraudulent, that infringes privacy or image rights, that incites violence or racial or ethnic hatred, or is otherwise objectionable, (ii) create several Accounts or impersonate third parties, (iii) transmit any material containing computer viruses or any code, file or program designed to interrupt, destroy or limit the functionality of software, computer equipment or electronic communications, and (iv) publish, transmit, share, store or otherwise make available unlawful content or content that threatens public order.
The User is solely responsible for the content they add to the Lovys Platform, including any content that may be offensive or illegal or that may infringe the rights of third parties.
Each User is responsible for taking all appropriate measures to protect their own data and/or software stored on their mobile or computer devices against any breach.
For any difficulty or complaint, the User can contact Lovys at the following email address: contact@lovys.com
By using the Lovys Platform, the User acknowledges having read the Privacy Policy available here and the Cookie Policy of the Lovys Platform available here.
The User has the right to consult, free of charge, their data hosted on the Lovys Platform and any other information concerning them.
In addition to the Terms, the User undertakes to comply with the general terms of service of the platforms that give access to the Lovys Platform as a mobile app (for example, the Apple App Store (for iOS devices) and the Google Play Store (for Android devices)) and of the third-party tools used by the Lovys Platform (for example, Stripe or Adyen for online payment).
The User's use of these third-party platforms and tools results in the collection and processing of personal data for which Lovys cannot be considered the data controller, as defined by Law no. 58/2019 of 8 August, which implements in Portuguese law Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. See here.
By using the Lovys Platform, the User declares that they are aware of the general terms of service of the platforms that give access to the Lovys Platform and of the third-party tools used by the Lovys Platform (available on their websites), and agrees to these general terms.
Lovys specifies that hyperlinks may take the User to other third-party websites or apps, and that Lovys can in no way be held liable for any damage resulting from their use.
Likewise, adding hyperlinks to all or part of the Lovys Platform is authorised, on a non-exclusive basis that can be revoked at any time without Lovys having to give any reason, provided that the link does not create a false, misleading, derogatory or harmful impression of the Lovys Platform. Under this authorisation, Lovys reserves the right to object.
Lovys cannot be held liable for any direct, indirect or incidental damage resulting from accessing or using information from third-party websites.
A complaint is a statement by which the user tells Lovys they are dissatisfied. It concerns how Lovys carries out its role of issuing and managing insurance contracts by monthly subscription.
Lovys does everything it can to offer the user a quality service.
Despite our constant care, difficulties may arise. If the user wants to tell Lovys they are dissatisfied and send a complaint, they can do so:
The user's request will be reviewed by the Lovys team in charge of handling complaints.
If any part of the Terms is held to be null, invalid or unenforceable for any reason, the term or terms in question will be deemed not to exist and the remaining terms will remain in full force and effect. The terms deemed not to exist will then be replaced by the terms closest to the content and meaning of the cancelled clause.
Portuguese is the official language of the Terms. In the event of any discrepancy, inconsistency or conflict between this version and any translated version, the French version shall prevail. The Terms are governed exclusively by Portuguese law. Any dispute arising from the use of the Lovys Platform will be subject to the competent courts of Lisbon.