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Marketing Enhancement Agreement

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An everyday language summary is provide below for convenience only. This summary is not legally binding. Please read the full Marketing Enhancement Agreement, including any document referred to in this Marketing Enhancement Agreement, for the complete picture of your legal requirements.

Key changes that were made on March 17, 2022:

  • Our legal business address was updated.

Last Updated: March 17, 2022

This Marketing Enhancement Agreement (this “Agreement”) is by and between you (“you” or “Retailer”) and Lovingly Canada, ULC, (“we,” “us” or “Lovingly”), with a principal place of business located at 885 West Georgia St. STE 1480, Vancouver, BC V6C 3E8. This Marketing Agreement describes the terms under which Lovingly will provide you with access to and use of the Marketing Services.

  1. License to Use Customer Data.
    1. License Grant. To the extent that any Legacy Customer has granted you any right, title, interest or license for Customer Data to be used within the Services, you hereby grant Lovingly a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use such Customer Data within the Services.
    2. Purpose. Lovingly will use Customer Data licensed under this Agreement for various purposes including, but not limited to:
      1. improving the engagement of Legacy Customers within the Services;
      2. increasing Retailer’s active Customer base; and
      3. generally improving the Services.
    3. Limitations. Notwithstanding the foregoing, neither you nor Lovingly shall use any Customer Data in a manner that violates our Privacy Policy.
  2. Term; Termination. Either Party may terminate this Agreement immediately in the case of the other Party’s breach of this Agreement. This Agreement remains effective unless and until such termination occurs.
  3. Definitions.
    1. “Agreement” has the meaning given to it in the preamble.
    2. “Customer” means any individual or entity that browses, inquires about or purchases your products or services either through their use or your use of the Services.
    3. “Customer Data” means information, images, text, files, materials, content and other data sent, received, uploaded, or otherwise transmitted to the Services by a Customer, including, but not limited to such Customer’s name, address, phone number, email address and card messages.
    4. “Effective Date” means the date on which you indicated your assent to this Agreement by clicking “I Agree” within your Retailer Account.
    5. “Legacy Customer” means any Customer whose Customer Data you collected through the Services prior to the Effective Date.
    6. “Party” or “Parties” means you or Lovingly or both as dictated by context.
    7. “Privacy Policy” means the written policy located at https://www.lovingly.com/legal/privacy-policy, which governs our use of the information we collect from retailers and customers.
    8. “Retailer” has the meaning given to it in the preamble.
    9. “Retailer Account” has the meaning given to it in the Retailer Terms of Service.
    10. “Retailer Terms of Service” means the terms of service located at https://www.lovingly.com/legal/ca/retailer-terms, which describe the general terms of the commercial relationship between you and Lovingly.
    11. “Services” means any of the products and services offered by Lovingly under a Primary Service Agreement, including, but not limited to, our e-commerce website solution, our order and payment management system, point of sale services, wedding services, and Marketplace Services, along with any related products or services.