Terms of Service

By accessing or using SendOccasions ("the Service"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

You must be at least 13 years old to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Provide accurate information when registering.

SendOccasions provides a technology platform that lets users create and share digital greeting cards. SendOccasions is a neutral intermediary and passive conduit only. We do not create, author, originate, review, endorse, or control the messages, photos, names, or other content that users create or send ("User Content"), and we are not a party to any communication, relationship, or dispute between a sender and a recipient or any third party.

Sending greetings is free for users. The Service is supported by advertising and paid advertiser placements. Advertisements are provided by third parties; we do not endorse and are not responsible for advertisers, their products, services, or websites.

You are solely and fully responsible for all User Content you create, upload, transmit, or send through the Service, and for all consequences of doing so. You represent and warrant that you own or have all necessary rights to your User Content and that it does not violate any law or any third party's rights.

You agree NOT to use the Service to create, upload, or send content that is unlawful, harassing, bullying, threatening, defamatory, libelous, obscene, pornographic, hateful, abusive, discriminatory, deceptive, infringing, or that violates the privacy or publicity rights of others, or that promotes violence or illegal activity.

We employ automated filters and offer a reporting tool, and we reserve the right (but assume no obligation) to monitor, review, remove, or disable any User Content and to suspend or terminate any account, at our sole discretion, at any time, with or without notice and without liability.

To the maximum extent permitted by law, SendOccasions is not responsible or liable for any User Content or for any act, omission, message, dispute, harm, offense, loss, or damage arising out of or relating to content created, sent, received, or relied upon by any user. Any concerns about a message rest solely between the sender and the affected party.

You acknowledge that SendOccasions does not screen users and is not responsible for the conduct of any user, sender, recipient, advertiser, or other third party. Your interactions with others are solely between you and those parties, and you use the Service and interact with others at your own risk.

You assume all risk arising from your use of the Service. To the maximum extent permitted by law, you hereby release, waive, and forever discharge SendOccasions and its owners, operators, officers, employees, and agents from any and all claims, demands, damages, liabilities, costs, and expenses of every kind — known or unknown, suspected or unsuspected — arising out of or in any way connected with (a) any User Content, (b) any dispute or interaction with another user or third party, or (c) any conduct of any user, advertiser, or third party. If you are a California resident, you expressly waive California Civil Code §1542 and any similar law in any jurisdiction.

The Service provides a "Report" tool on shared greetings. While we may review reports and remove content, we are under no obligation to monitor User Content and assume no liability for content that remains available or for the timing of any moderation.

Advertisers may purchase ad placements in three tiers: City ($99/month), State ($299/month), or Nationwide ($999/month). Subscriptions are billed on a recurring monthly basis until cancelled.

Payments are processed by Stripe, a third-party payment processor. By purchasing, you also agree to Stripe's terms. We do not store your full card details.

ALL SALES ARE FINAL. ALL FEES ARE NON-REFUNDABLE, including for partial billing periods and unused placements, except where refunds are required by applicable law. You may cancel your recurring subscription at any time through Stripe's billing management; cancellation stops future charges, and your placement remains active until the end of the current paid period. We do not provide prorated or partial refunds.

We do not guarantee any specific number of impressions, clicks, results, or outcomes from advertising.

The Service, including its templates, design, and software, is owned by SendOccasions and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service for its intended purpose. You retain ownership of your own User Content and grant us a limited license to host and transmit it as needed to operate the Service.

THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure, accurate, or error-free, or that any content is appropriate or lawful.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENDOCCASIONS AND ITS OWNERS, OPERATORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR REPUTATION, OR FOR ANY EMOTIONAL DISTRESS, ARISING FROM OR RELATED TO (a) your access to or use of (or inability to use) the Service, (b) any User Content, (c) any conduct or content of any third party or user, or (d) unauthorized access to your data. OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS SHALL NOT EXCEED THE GREATER OF (i) the total amount you paid us in the 12 months before the claim, or (ii) USD $100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You agree to defend, indemnify, and hold harmless SendOccasions and its owners, operators, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to (a) your User Content, (b) your use of or activity on the Service, (c) your violation of these Terms, or (d) your violation of any law or third-party right.

We may suspend or terminate your access at any time, for any reason, including violation of these Terms, with or without notice and without liability. You may stop using the Service at any time.

These Terms are governed by the laws of the United States and the state in which the Service operator resides, without regard to conflict-of-law principles. You agree that any dispute will be resolved on an individual basis and you waive any right to participate in a class action. Where permitted, disputes shall be resolved through binding arbitration rather than in court.

We may update these Terms from time to time. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

Questions about these Terms? Contact us at support@sendoccasions.com.