Terms of Use

1. Acceptance of terms

By accessing or using Who Sent That (“the Service”), you agree to be bound by these Terms of Use. If you do not agree, please do not use the Service.

These terms work alongside our Privacy Policy, which is incorporated into these terms by reference and explains how we collect, use, and protect your information. By using the Service you also agree to be bound by the Privacy Policy.

2. Eligibility

You must be at least 13 years old to use the Service. If you are under 18, you confirm that you have your parent or guardian's permission.

3. Your content

You are responsible for all content you create and share through the Service, including messages, photos, and audio. You must not upload or include content that:

• Infringes any third-party copyright, trademark, privacy, publicity, or other right, including photos, music, or recordings you do not have the right to use.
• Is unlawful, harassing, defamatory, obscene, hateful, or otherwise objectionable.
• Contains malicious code, links to phishing sites, or any attempt to deceive a recipient.

By submitting content, you grant us a limited, royalty-free licence to store, host, process, and deliver it solely for the purpose of operating the Service and delivering your eCard. We do not claim ownership of your content.

4. Sending to recipients

When you ask us to email or schedule an eCard to a recipient, you confirm that you have a genuine personal reason to contact that person at the address you provide. You must not use the Service to send unsolicited bulk messages, spam, or any communication the recipient has not consented to receive.

Email delivery depends on systems and services outside our control, including the address you provide and the recipient's mail provider, spam filters, and settings. We send eCards and reminder emails on a best-effort basis and cannot guarantee that any email will be delivered, arrive on time, or land in the inbox rather than a spam or promotions folder. We are not responsible for emails that are delayed, blocked, filtered, bounced, or otherwise not received, including where an address is mistyped, full, or no longer active. Your private shareable link is the reliable way to deliver an eCard: it is created as soon as your order is complete, you can send it yourself through any app, and it remains accessible for at least one year as described in section 6.

5. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose.
• Attempt to reverse-engineer, scrape, or disrupt the Service.
• Use automated tools to create eCards in bulk without our prior written consent.
• Impersonate another person or misrepresent your affiliation with any entity.

6. Payments for single eCards

You can build and preview an eCard for free; payment is required only to send it. Single eCards are a one-time payment processed securely through our payment provider. The price is shown before you pay and is charged in your local currency where supported. We reserve the right to change pricing at any time; changes do not affect orders already completed.

Once an eCard is sent, it is hosted at a private link so your recipient can open and revisit it. We intend to keep eCard links working indefinitely, and we commit to keeping a paid eCard accessible for at least one year from the date it is sent, except for temporary interruptions or events beyond our reasonable control (see section 10). If you ever can't reach an eCard you paid for within that year, contact us and we will restore access or, if we are genuinely unable to, refund what you paid for that eCard.

7. Subscriptions and renewals

We may offer a yearly subscription that allows you to send unlimited eCards for a 12-month period, tied to the email address you subscribe with. Subscriptions are billed in advance through our payment provider and renew automatically each year at the then-current price unless you cancel.

“Unlimited” is intended for normal personal use, and there is no fixed cap on the number of eCards you can send. To keep the Service fast and fair for everyone, a reasonable fair-usage policy applies: we may review, limit, or suspend activity that indicates automated, bulk, resale, or other commercial or abusive use, as determined by us acting reasonably. We will contact you before taking action wherever practical.

You may cancel at any time, and your unlimited access will continue until the end of the period you have already paid for; you will not be charged for the following period. We will provide notice before any price change affects your renewal. If a subscription is obtained or used fraudulently or in breach of these terms, we may suspend or cancel it.

8. Refunds

Because eCards are generated and delivered instantly, payments are generally non-refundable except where required by applicable law. A failed or delayed recipient email is not on its own grounds for a refund, because your private shareable link is created at checkout and lets you deliver the eCard yourself (see section 4). However, if a paid eCard is genuinely inaccessible (both the email and the link fail and we cannot restore access), we will refund what you paid for that eCard. If something went wrong with your order, contact us through the support page and we will do our best to help.

9. Intellectual property

The design, code, animations, and brand assets of Who Sent That are our exclusive property and may not be reproduced without written permission. Nothing in these terms transfers any intellectual property rights to you, other than the limited right to use the Service as intended.

10. Disclaimers and limitation of liability

The Service is provided “as is” without any warranty of any kind. We do not guarantee that the Service will be error-free or uninterrupted, or that any email, including a sent or scheduled eCard or a reminder, will be delivered, delivered at an exact moment, or reach the recipient's inbox, as explained in section 4. To the fullest extent permitted by law, our liability to you for any claim arising from your use of the Service is limited to the amount you paid us in the 12 months before the claim arose.

Nothing in these terms excludes or limits our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, and any statutory rights you have as a consumer that cannot be waived. Where such rights apply, they sit alongside these terms.

11. Termination

We may suspend or terminate your access to the Service at any time if you violate these terms or if we decide to discontinue the Service. You may stop using the Service at any time.

12. Governing law

These terms are governed by the laws of the jurisdiction in which we are incorporated, without regard to conflict-of-law principles.

13. Changes to these terms

We may update these terms at any time. Continued use of the Service after the revised terms are posted constitutes your acceptance of the changes.

14. Contact

Questions about these terms? Email us at hello@whosentthat.com.