Terms of use – Lusty: sexual mindfulness app

Last Updated: 01/04/2024

Welcome to Lusty website located at https://getlusty.app (the “Site”). Please read these Terms of Service (the “Terms”) and our Privacy Notice, as referenced below, (“Privacy Notice”) carefully because they govern your use of the Site, our mobile application (the “App”) and our related online and offline offerings (collectively, the “Services”).

Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
Privacy Notice. Please refer to our Privacy Notice for information on how we collect, use and share your information. You acknowledge and agree that your use of the Services is subject to our Privacy Notice available at https://getlusty.app/privacy.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND LUSTY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 17(e) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services?

Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Lusty, and not otherwise barred from using the Services under applicable law. By using the Services, you represent and warrant that you have reviewed and agreed to these Terms.
Registration and Your Information. If you want to use certain features of the Services, you’ll need to create an account (“Account”). You can do this via the Site, App or we may enable you to do this through your account with certain third-party social networking services such as Facebook, Apple or Twitter (each, an “SNS Account”). If you choose the SNS Account option, we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone, and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at support@getlusty.app or directly through the App. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose without any restriction or compensation to you.
Subscription. Lusty requires payment of a fee for use of the Services (or certain portions thereof). You have the option of purchasing a monthly or annual subscription (“Subscription”) for such use. If you subscribe to our Services through a third party such as Apple via the Apple Store or Google via Google Play (each a “Third Party Store”), such Third Party Store’s terms and conditions, including, without limitation, such Third Party Store’s payment terms, will apply.

General. If you subscribe to our Services through the Site (such subscription being referred to as a “Transaction”), you expressly authorize us (or our third-party payment processor e.g. Stripe) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. If you subscribe to our Services through a Third Party Store, payment will be made directly to this Third Party Store in accordance with such Third Party Store’s payment terms, and you must comply with these terms.
Free Trial. You may be offered a free trial (“Free Trial Offer”) for a specific period indicated in the Free Trial Offer (“Free Trial Period”). To sign up for the Free Trial Offer, you will be asked to share your Payment Information. By submitting your Payment Information, you accept the Free Trial Offer and agree to these Terms. When you accept a Free Trial Offer, you agree that, unless you cancel your Subscription before the end of the Free Trial Period, we, our third-party payment processor or the Third Party Store will automatically charge your method of payment for a Subscription in accordance with these Terms. Your Subscription will continue to automatically renew at the end of each Billing Cycle until you cancel. For the purposes of these Terms, “Billing Cycle” means the interval of time from one billing to the next (a month or a year depending on the subscription plan you select when purchasing your Subscription), as discussed in the following subsection.
Subscriptions. If you purchase a Subscription, you will be charged in advance, on a recurring basis, the then-current fee for the specific Billing Cycle for the Subscription you selected, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and at the beginning of each Billing Cycle thereafter. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE LUSTY, OUR THIRD-PARTY PAYMENT PROCESSOR OR THE THIRD PARTY STORE TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS EACH BILLING CYCLE USING THE PAYMENT INFORMATION YOU HAVE PROVIDED AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING PAYMENT OBLIGATIONS PRIOR TO CANCELLATION OF YOUR SUBSCRIPTION BY YOU OR LUSTY. Your Subscription continues until cancelled by you or until we terminate your access to or use of the Services or Subscription in accordance with these Terms.
Cancelling Subscription. To the extent you subscribe to our Services and wish to cancel your Subscription through the Site, you may cancel a Transaction for a full refund within ten (10) calendar days of your initial purchase. AFTER THAT, EXCEPT AS PROVIDED BELOW, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction, we will refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time through your online Account management page or through the subscription settings on the Third Party Store from which you downloaded the App, but such cancellation will be effective at the end of the then-current Billing Cycle and YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT BILLING CYCLE AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Billing Cycle. If you cancel, your right to use the Services will continue until the end of your then current Billing Cycle and will then terminate without further charges.
Rights and Terms Specific to the Apps.

Rights in App granted by Lusty. Subject to your compliance with these Terms, Lusty grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. LUSTY reserves all rights in and to the App not expressly granted to you under these Terms.
Additional Information: Apple App Store. This paragraph applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.
Your Content.

Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, material, information or works of authorship of any kind (other than Feedback) that are posted, generated, provided or otherwise made available through the Services; and “User Content” means any Content that Account holders (including you) provide to be made available through the Services. We may, but are under no obligation or responsibility to, disable, remove, add, modify, or monitor User Content.
Ownership Rights. Lusty and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. Lusty does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
Rights in User Content Granted by You. By making any User Content available through the Services, you hereby grant to Lusty, its agents, representatives, successors and assigns a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify (for formatting purposes only), create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content or promoting and marketing Lusty or the Services to you and other Account holders.
Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Lusty on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of User Content. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. We may also decide, in our sole discretion, to remove or disable a portion of or all your User Content, for any purpose and at any time.
General Prohibitions and Lusty’s Enforcement Rights. You agree not to do any of the following:

Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Use, display, mirror or frame the Services or any individual element within the Services, Lusty’s name, any Lusty trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Lusty’s express written consent;
Access, tamper with, or use non-public areas of the Services, Lusty’s computer systems, or the technical delivery systems of Lusty’s providers;
Attempt to probe, scan or test the vulnerability of any Lusty system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Lusty or any of Lusty’s providers or any other third party (including another user) to protect the Services or Content;
Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Lusty or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Lusty trademark, logo URL or product name without Lusty’s express written consent;
Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity, including, but not limited to, Lusty;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.

Although we are obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third Party Websites or Resources. The Services (including the App) or Content may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites, resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Termination. We may limit, suspend, disable or terminate your access to and use of the Services and/or your account, in whole or in part, at our sole discretion, at any time and without notice to you. If we do so, we will endeavor to give you advance notice and an opportunity to export a copy of your User Content from the Services. However, there may be time sensitive situations where we may decide that we need to take immediate action without notice. To the extent you subscribe to our Services through the Site, you may cancel your Account at any time through your online Account management page. To the extent you subscribe to our Services through a Third Party Store, you may cancel your Account through the Third Party Store’s subscription management settings. Upon any termination, discontinuation or cancellation of the Services or your Account, all provisions of these Terms which by their nature should survive including, without limitation, Sections 6(a), 6(b), 6(c), 12, 14, 15, 16, and 17 will survive.
Warranty Disclaimers.

LUSTY IS NOT A HEALTH CARE PROVIDER. ANY INFORMATION, ADVICE OR RECOMMENDATION PROVIDED THROUGH THE SERVICES ARE ONLY SUGGESTIONS AND ARE NOT INTENDED AS MEDICAL ADVICE. YOU SHOULD CONTACT YOUR DOCTOR IF YOU HAVE ANY QUESTIONS OR CONCERNS. YOU UNDERSTAND AND ACKNOWLEDGE THAT LUSTY IS NOT A HEALTH CARE PROVIDER AND IS NOT PROVIDING YOU WITH THERAPEUTIC INSTRUCTION OR MEDICAL ADVICE.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services or Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Indemnity. You will indemnify and hold harmless Lusty and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services or Content, (b) your User Content, or (c) your violation of these Terms.
Limitation of Liability.

NEITHER LUSTY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LUSTY OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL LUSTY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED TWENTY DOLLARS ($20).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LUSTY AND YOU.

Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and LUSTY are not required to arbitrate will be the state and federal courts located in the Central District of California, and you and LUSTY each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution.

Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Lusty agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Lusty are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Exceptions and Opt-out. As limited exceptions to Section 17(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at support@getlusty.app or by regular mail at Athais Inc. 637 Rose Ave, Venice, CA, 90291, USA within thirty (30) days following the date you first agree to these Terms.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Class Action Waiver. YOU AND LUSTY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if LUSTY changes any of the terms of this Section 17 “Dispute Resolution” after the date you most recently accepted these Terms, you may reject any such change by sending us written notice (including by email to support@getlusty.app) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Lusty’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Lusty in accordance with the terms of this Section 17 “Dispute Resolution” as of the date you most recently accepted these Terms.
Severability. With the exception of any of the provisions in Section 17(e) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
General Terms.

Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Lusty and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Lusty and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Lusty’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. LUSTY may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications provided by Lusty under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. Lusty’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lusty. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any questions about these Terms or the Services, please contact Lusty at support@getlusty.app.