Legal

Terms of Service

Last updated February 16, 2026

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and DearlySent Inc., a Delaware Corporation (“DearlySent,” “we,” “us,” or “our”). These Terms apply to all users, visitors, recipients, and anyone who accesses or uses the Platform.

By accessing or using the DearlySent website (dearlysent.com), mobile application, API, or any associated services (collectively, the “Platform”), you agree to be bound by these Terms, our Privacy Policy, and any additional terms referenced herein. If you do not agree to all of these Terms, you must not use the Platform.

These Terms contain a mandatory arbitration provision and class action waiver (Section 22) that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. Please read Section 22 carefully.

We reserve the right to modify these Terms at any time. When we make material changes, we will update the “Last updated” date at the top of this page. Your continued use of the Platform after any changes constitutes your acceptance of the revised Terms. If you do not agree with the modified Terms, you must stop using the Platform.

2. Eligibility and Account Security

2.1 Eligibility

You must be at least 13 years old to use the Platform. If you are between 13 and 18, you may only use the Platform under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. By using the Platform, you represent and warrant that you meet these eligibility requirements. If we discover that a user does not meet these requirements, we may terminate their account without notice.

2.2 Phone-First Identity and SMS Consent

DearlySent operates as a phone-number-based identity network. By providing your mobile phone number, you expressly consent to receive:

  • Authentication messages (one-time passcode verification codes) necessary to access your account;
  • Transactional messages (order confirmations, shipping updates, delivery notifications, address request links); and
  • Service notifications (event reminders, account alerts, security warnings).

Message frequency varies based on your interaction with the Platform. These messages are non-marketing and are necessary for the operation of the Services. You can cancel the SMS service at any time by texting “STOP” to the short code or number from which you received a message. After you send the SMS message “STOP” to us, we will send you a confirmation SMS. After this, you will no longer receive SMS messages from us. If you are experiencing issues with the messaging program, you can reply with the keyword “HELP” for more assistance, or get help directly at care@dearlysent.com. Carriers are not liable for delayed or undelivered messages. Standard message and data rates may apply for any messages sent to you from us and to us from you.

You represent and warrant that you are the current subscriber or authorized user of the phone number you provide, and that you have the authority to consent to receiving messages at that number. You agree to notify us immediately if your phone number changes or is reassigned. You agree to indemnify and hold DearlySent harmless from any claims, damages, fines, or penalties arising from your provision of a phone number that you do not own or are not authorized to use, including claims under the Telephone Consumer Protection Act (TCPA) or similar state laws.

Duty to Notify on Change: You agree that if you change or deactivate your mobile telephone number, you will update your account information on the Platform within 48 hours to ensure that your messages are not sent to the person who acquires your old number. Failure to do so is a material breach of these Terms. You agree to indemnify DearlySent for all claims, damages, and expenses (including legal fees) resulting from your failure to update your number, including claims under the TCPA brought by the new owner of the number.

Email sign-in (including Google and Apple OAuth) is available as a secondary option. By signing in with a third-party provider, you authorize us to access limited profile information (name and email address) from that provider in accordance with their terms.

2.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials, including SMS verification codes and any multi-factor authentication (MFA) credentials. You agree to notify us immediately at care@dearlysent.com of any unauthorized use of your account. DearlySent is not liable for any loss or damage arising from your failure to protect your account credentials. You are liable for all activity conducted through your account, whether or not authorized by you.

3. The Services

DearlySent provides a hybrid platform for digital and physical communication. Our services include, but are not limited to:

  1. Heirloom — Custom-printed physical cards featuring proprietary variable handwriting simulation, delivered via USPS.
  2. Sprout — Digital greetings paired with real-world tree planting through our integration with Tree Nation.
  3. Gather — Collaborative group video creation and compilation tools.
  4. Serenade — Personalized songs created by independent musicians.
  5. Social Graph — Contact syncing, friend discovery, event tracking, and address book management.

We reserve the right to modify, suspend, add, or discontinue any Service or feature at any time, with or without notice, for any reason. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

4. Early-Stage Platform Acknowledgment

DearlySent is an early-stage startup in active development. Please read this section carefully.

You acknowledge and agree that DearlySent is a new company and that the Platform is under continuous development. As a result:

  • Features may change, break, or be removed without prior notice. Service descriptions, product offerings, pricing structures, and user interface elements may be updated at any time as we iterate on the product.
  • Service interruptions will occur. Planned maintenance, unplanned outages, bugs, and errors are expected and are not a breach of these Terms.
  • Data loss is possible. While we employ enterprise-grade infrastructure (Supabase, Vercel), no system is infallible. Digital assets, including but not limited to Gather videos, address books, voice recordings, order history, and account data, may be lost, corrupted, or become inaccessible. You are solely responsible for maintaining backup copies of any content that is important to you.
  • Timelines are estimates, not commitments. Any delivery dates, processing times, launch dates, or feature availability timelines we communicate are aspirational and non-binding.
  • Marketing materials and product descriptions are illustrative. Website copy, screenshots, promotional images, and feature descriptions represent our intent but may not reflect the exact current state of the product at any given moment. We strive for accuracy but cannot guarantee that all materials are current.
  • We are learning and improving. Our processes, policies, and capabilities are evolving. An imperfection in our service is not evidence of deception or negligence; it is the natural state of early-stage product development.

Your use of the Platform during this early stage constitutes your informed acceptance of these inherent risks. We appreciate your patience and feedback as we build and improve.

5. User Conduct and Content Policy

5.1 User-Generated Content

You retain ownership of the text, images, audio recordings, and videos you submit (“User Content”). By submitting User Content, you grant DearlySent a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, print, and distribute your content solely for the purpose of fulfilling your order, providing the Services, and improving the Platform. This license survives termination of your account to the extent necessary to complete pending orders and maintain transaction records.

You represent and warrant that you own or have the necessary rights and permissions to submit your User Content, and that your User Content does not infringe, misappropriate, or violate any third party’s intellectual property, privacy, publicity, or other rights.

5.2 Prohibited Content

We champion authentic expression but strictly prohibit using our Platform to send:

  • Hate Speech — Content promoting violence or hatred against individuals or groups based on race, ethnicity, religion, disability, gender, age, or sexual orientation.
  • Threats and Harassment — Content intended to abuse, stalk, threaten, or intimidate the recipient.
  • Illegal Material — Content that facilitates illegal acts, including the sale of prohibited substances or firearms.
  • Graphic Violence or Explicit Content — Material that violates community standards.
  • Fraud or Misrepresentation — Content that impersonates another person, misrepresents the sender’s identity, or is intended to deceive the recipient.
  • Spam or Commercial Solicitation — Unsolicited commercial messages, chain letters, or pyramid schemes.

5.3 Content Moderation and Right to Refuse

We use AI-assisted review and human oversight to screen for prohibited content. We reserve the absolute right to refuse to print, deliver, process, or transmit any User Content or order for any reason or no reason, including content we deem inconsistent with our brand values or mission, even if it does not violate any specific rule above. In such cases, your sole and exclusive remedy is a full refund of the purchase price.

In cases of ambiguous content or potential abuse, we may require government-issued identification before processing your order. This identification is retained securely and used solely for compliance and law enforcement cooperation.

5.4 Prohibited Uses

You agree not to:

  • Use the Platform for any purpose that is unlawful or prohibited by these Terms;
  • Attempt to gain unauthorized access to any portion of the Platform or any systems or networks connected to the Platform;
  • Interfere with, disrupt, or place an unreasonable burden on the Platform or the networks or services connected to the Platform;
  • Use any automated system, including bots, crawlers, or scrapers, to access the Platform without our express written consent;
  • Reverse-engineer, decompile, or disassemble any portion of the Platform;
  • Exploit free gift features (Sprout seeds, promotional credits) through multiple accounts, automated tools, or other fraudulent means; or
  • Provide inaccurate, misleading, or fraudulent information, including false addresses, names, or payment information.

5.5 Digital Millennium Copyright Act (DMCA) Notice

DearlySent respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information in accordance with 17 U.S.C. § 512(c)(3):

  1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  2. A description of the copyrighted work claimed to have been infringed;
  3. A description of where the allegedly infringing material is located on the Platform;
  4. Your contact information (address, telephone number, email);
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Designated Copyright Agent: Legal Dept, DearlySent Inc., 2261 Market Street STE 87409, San Francisco, CA 94114 — care@dearlysent.com.

If you knowingly misrepresent that material or activity is infringing, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Upon receiving a valid DMCA notice, we will expeditiously remove or disable access to the allegedly infringing material and take reasonable steps to notify the user who posted the content. If a valid counter-notification is received, we may restore the material in accordance with applicable law. Repeat infringers will have their accounts terminated.

6. AI Features and Machine Learning

Parts of the Platform use artificial intelligence. Please read this section carefully.

The Platform incorporates AI-powered features, including but not limited to:

  • Voice Transcription: We use Google’s Gemini AI to convert voice recordings into text for gift messages.
  • Message Suggestions: We may offer AI-assisted writing prompts to help overcome writer’s block.
  • Content Moderation: We use automated systems to review content for prohibited material.
  • Address Verification: We use automated services to validate and standardize mailing addresses.

You acknowledge and agree that:

  • AI features may produce inaccurate, incomplete, or inappropriate results, including factual errors, mistranscriptions, and unintended content (“AI hallucinations”).
  • You are solely responsible for reviewing, editing, and approving all AI-generated or AI-assisted content before it is sent or printed.
  • DearlySent is not liable for any errors, omissions, offense, embarrassment, or emotional distress caused by AI-generated content, including mistranscribed voice messages or inappropriate message suggestions.
  • AI features are provided “as is” without any warranty of accuracy, completeness, or fitness for any particular purpose.
  • We do not use your messages or voice recordings to train public-facing AI models. Audio sent to third-party AI providers (Google Gemini) is processed ephemerally pursuant to their API terms of service, which prohibit use of API data for model training.

7. Physical Products (Heirlooms)

7.1 Handwriting Technology Disclosure

The “handwriting” on Heirlooms is a digital simulation, not human penmanship.

You acknowledge and agree that the “handwriting” appearing on Heirlooms is generated by proprietary software algorithms using variable font technology and printed via inkjet printer. It is not written by a human hand. Intentional variations in ink density, letter spacing, baseline alignment, and simulated ink bleed are design features engineered to approximate the appearance of handwriting; they are not defects.

By purchasing an Heirloom, you expressly acknowledge that you are purchasing a printed reproduction that simulates handwriting, not a manually handwritten artifact. You agree that this disclosure constitutes adequate notice of the nature of the product and waive any claims based on allegations that the product was misrepresented as “handwritten.”

7.2 Product Quality

While we strive for the highest production quality, printed products are subject to inherent variations in color reproduction, ink coverage, paper texture, and print alignment. Minor variations between the digital preview shown on the Platform and the physical product are expected and are not defects. Photographs and mockups on the Platform are for illustrative purposes and may not exactly match the delivered product.

7.3 Shipping, Delivery, and Risk of Loss

  • Carrier: We use the United States Postal Service (USPS) for delivery. We may use Intelligent Mail barcodes for tracking where available.
  • Risk of Loss: All physical items are shipped pursuant to a shipment contract. Risk of loss and title for all products pass to you upon our delivery of the item to the USPS. We are not responsible for items that are lost, stolen, damaged, or misdelivered after acceptance by the postal carrier, including “porch piracy” or theft after delivery.
  • Delivery Dates: Delivery estimates displayed on the Platform are calculated by algorithm based on recipient location and historical postal transit times. Delivery estimates are non-binding and are not guarantees. We are not liable for delays caused by USPS, weather events, natural disasters, public health emergencies, labor disputes, government actions, or any other event outside our reasonable control.
  • Discretionary Remedies: Refunds, reprints, or credits for shipping delays, lost mail, or delivery issues are provided entirely at our sole discretion as a courtesy and do not create any obligation or precedent.

7.4 Address Accuracy

You are responsible for providing accurate recipient and return addresses. We use Smarty (a USPS-certified address verification service) to validate and standardize addresses, but address verification is not infallible and we cannot guarantee deliverability. If you use our “Address Request” feature to collect the recipient’s address via a secure link, the recipient is responsible for the accuracy of the data they provide. We are not liable for non-delivery or mis-delivery resulting from inaccurate address information provided by you or any recipient.

7.5 QR Codes and Delivery Confirmation

Heirlooms may include a QR code that, when scanned by the recipient, triggers a digital Sprout reveal of the same message and sends a delivery confirmation notification to the sender. QR code functionality depends on the recipient’s device and internet connection; we do not guarantee QR code functionality. By sending an Heirloom with a QR code, you consent to the recipient receiving these digital features.

8. Digital Services

8.1 Sprout (Digital Gifts)

When you purchase a Sprout, we initiate the planting of a real tree on behalf of the recipient through our integration with Tree Nation, a third-party tree-planting organization. We provide a Tree Nation certificate URL for verification. The actual planting is performed by Tree Nation and its partners; we do not directly plant trees. We do not guarantee the survival, species, or specific location of any planted tree. Tree planting is subject to Tree Nation’s own terms, availability, and operational constraints.

The “seed” viral feature allows recipients to send complimentary Sprouts to others, subject to daily community limits, expiration windows, and anti-abuse protections. Seed availability, limits, and expiration are determined at our sole discretion and may change at any time.

8.2 Gather (Video)

  • Storage: We use Mux for video processing and hosting. While we generally retain Gather videos, we do not guarantee permanent storage of any digital content. Videos may be deleted, become inaccessible, or be corrupted at any time due to technical issues, policy changes, or third-party service limitations. You are strongly encouraged to download and back up your videos.
  • Copyright: You represent and warrant that you have the rights to any video clips or music you upload. You agree not to upload copyrighted music for which you do not hold a license. You are solely responsible for any copyright infringement claims arising from your uploaded content.
  • Contributor Data: When you invite others to contribute clips to a Gather project, those contributors’ names and email addresses are collected to facilitate participation. Contributors are subject to these Terms.
  • Right of Publicity: By uploading any video or image to Gather, you represent and warrant that you have obtained the consent, release, and/or permission of every identifiable individual who appears in said content to use their name or likeness for inclusion on the Platform. If any such individual is a minor, you represent that you have the consent of such minor’s parent or legal guardian. You agree to indemnify DearlySent for any claims arising from your failure to obtain such consent.

8.3 Serenade (Music)

  • Artist Relationship: Musicians on the Platform are independent contractors, not employees or agents of DearlySent. We do not control the creative output of musicians and are not liable for the quality, accuracy, or appropriateness of any Serenade.
  • License: When you purchase a Serenade, you receive a perpetual, non-exclusive, personal license to share and enjoy the song for non-commercial purposes. You do not own the copyright to the underlying composition or recording; the artist retains these rights unless otherwise specified.
  • Commercial Use: Songs are for personal use only. Commercial use requires a separate license agreement.
  • Delivery: While we aim for same-day delivery of Serenades, this is an aspirational goal, not a guarantee. Availability depends on our musician network and is subject to capacity constraints.

9. Payments, Pricing, Refunds, and the Joy Guarantee

9.1 Payment Processing

We use Stripe, Inc. as our payment processor. By making a purchase, you agree to Stripe’s Services Agreement. You authorize us to charge your chosen payment method (credit card, debit card, Apple Pay, Google Pay, Cash App Pay, or Link) for the total amount of your order, including applicable taxes.

If you create an account, we may create a Stripe customer profile on your behalf to enable saved payment methods. We do not store full credit card numbers, CVVs, or other sensitive payment credentials on our servers. Your payment method details are stored and secured by Stripe pursuant to PCI-DSS standards.

9.2 Pricing

All prices displayed on the Platform are in U.S. dollars and include applicable taxes and shipping (for physical products) unless otherwise stated. We reserve the right to change prices at any time without prior notice. Price changes do not affect orders that have already been placed and paid for.

9.3 The Joy Guarantee

We offer a “Joy Guarantee.” If you are not 100% satisfied with your order, you may request a full refund.

  • Notification: Contact us within 30 days of the expected delivery date.
  • Abuse: We reserve the right to deny refunds and suspend accounts of users who abuse this policy, including but not limited to repeated requests, suspected fraud, or patterns of behavior inconsistent with good-faith use.
  • Resolution: Refunds are processed to the original payment method. Processing times depend on your financial institution and may take 5–10 business days.
  • Sole Remedy: The Joy Guarantee refund is your sole and exclusive remedy for dissatisfaction with any product or service, to the fullest extent permitted by law.

9.4 Promotional Credits and Gift Codes

We may offer promotional credits, gift codes, or founder gift tokens. Credits have no cash value, cannot be redeemed for cash, are non-transferable, and expire as stated at the time of issuance. We reserve the right to revoke, modify, or cancel credits obtained through fraud, abuse, error, or unauthorized means. One credit code may be used per transaction unless otherwise stated.

10. Intellectual Property

10.1 DearlySent IP

The Platform, including its source code, algorithms, variable handwriting technology, user interface designs, graphics, logos, trademarks, trade dress, and brand assets, is the exclusive property of DearlySent Inc. and is protected by copyright, trademark, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in DearlySent’s intellectual property except the limited license to use the Platform as described herein.

10.2 Card Designs and Artwork

Card designs featured on Heirlooms are the intellectual property of DearlySent or our licensed artists. You may not reproduce, distribute, or create derivative works from any card design without our express written permission.

10.3 Feedback

If you provide feedback, suggestions, bug reports, or ideas about the Platform (“Feedback”), you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, and incorporate that Feedback into the Platform for any purpose without compensation or attribution.

11. Third-Party Services

Our Platform relies on third-party services to provide core functionality. These include, but are not limited to:

  • Stripe (payment processing)
  • Supabase (database, authentication, file storage)
  • Twilio (SMS delivery for authentication and notifications)
  • Tree Nation (tree planting)
  • Mux (video processing and hosting)
  • Smarty (address verification)
  • Google AI / Gemini (voice transcription)
  • Resend (email delivery)
  • USPS (physical mail delivery)
  • Vercel (web hosting)
  • Cloudflare (CDN, security, DNS)
  • PostHog (product analytics)
  • Sentry (error monitoring)
  • Expo (mobile app infrastructure and push notifications)

We do not control these third-party services and are not responsible for their availability, performance, security practices, or terms of service. Outages, errors, or policy changes at any third-party provider may affect the Platform and are not our responsibility. Your use of features powered by third-party services is also governed by the respective third party’s terms and privacy policies.

12. Social Network Features

12.1 Contact Syncing and Friend Discovery

If you choose to sync your contacts, you grant us permission to process phone numbers from your address book to identify friends who are already on DearlySent (“Friend Discovery”). You represent and warrant that you have the right to share the phone numbers in your address book with us for this purpose. You may control your own discoverability in your account settings (the “Discoverable” toggle). We do not sell your contact list.

12.2 Public Profiles

Information you choose to display on your public profile (dearlysent.com/u/username), such as your display name, photo, and bio, is visible to anyone with the link. You are solely responsible for what you share publicly. DearlySent is not responsible for any consequences arising from information you voluntarily make public.

12.3 Recipient and Non-User Interactions

Certain features involve people who do not have a DearlySent account (“Non-Users”), including gift recipients, address request respondents, and Gather contributors. By using these features, you represent that you have a legitimate basis for sharing the Non-User’s name, email, or phone number with us (such as a personal relationship or a gift-giving context). You agree not to use these features to contact people who have asked not to be contacted.

13. Account Deletion and Data Retention

You may request deletion of your account at any time through your account settings or by contacting care@dearlysent.com. Upon request, your account enters a 30-day grace period during which you may reactivate by signing back in. After the grace period, your personal data will be permanently purged in accordance with our Privacy Policy.

Even after account deletion, we retain anonymized transaction records (order history, payment references) for up to 7 years as required by tax and accounting regulations. Anti-abuse records (fingerprint hashes, IP-derived data) may be retained to prevent re-abuse. Support correspondence may be retained for legal compliance.

14. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless DearlySent Inc., its officers, directors, employees, contractors, agents, affiliates, successors, and assigns (collectively, the “DearlySent Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or connected with:

  1. Your access to or use of the Platform;
  2. Your violation of these Terms or any applicable law;
  3. Your User Content, including any claims of defamation, harassment, copyright infringement, privacy violations, or other harm caused by your messages, videos, voice recordings, or other content;
  4. Your provision of inaccurate information, including but not limited to incorrect phone numbers, addresses, names, or payment information;
  5. Your violation of any third-party right, including intellectual property, privacy, or publicity rights;
  6. Any dispute between you and any recipient, contributor, or other user of the Platform;
  7. Any claim arising from messages or content sent through the Platform on your behalf, including claims by recipients who find such content unwanted, offensive, or harmful; or
  8. Any claim related to your provision or use of a phone number in violation of Section 2.2.

This indemnification obligation will survive termination of your account and these Terms.

15. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Platform and all Services, content, features, products, and materials are provided on an “as is,” “as available,” and “with all faults” basis, without warranties of any kind, either express or implied. DearlySent expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to: (a) implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title; (b) warranties arising from course of dealing, usage, or trade practice; and (c) any warranty that the Platform will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components.

Without limiting the foregoing, DearlySent makes no warranty or representation regarding: (i) the accuracy, reliability, or completeness of any content on the Platform, including product descriptions, delivery estimates, and AI-generated content; (ii) the quality, color accuracy, or appearance of any physical product; (iii) the availability, survival, or condition of trees planted through Tree Nation; (iv) the accuracy of address verification; (v) the security or availability of your data; or (vi) the results obtainable from using the Platform. No advice or information, whether oral or written, obtained from DearlySent or through the Platform, shall create any warranty not expressly stated herein.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above exclusions apply to the fullest extent permitted by applicable law.

15.1 Accessibility

DearlySent is committed to making our Platform accessible to all users, including those with disabilities. We are continuously working to improve the accessibility of our web and mobile experiences. However, you acknowledge that the Platform is currently in an early development phase and may not yet be fully compliant with WCAG 2.1 Level AA standards. If you experience difficulty accessing any part of the Platform, please contact us at care@dearlysent.com for immediate assistance. We disclaim any liability regarding temporary accessibility gaps during our development process.

16. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall any of the DearlySent Parties be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to: loss of profits, revenue, data, or goodwill; cost of procurement of substitute goods or services; emotional distress; personal injury; property damage; business interruption; or any other intangible losses, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if DearlySent has been advised of the possibility of such damages.

Without limiting the foregoing, DearlySent shall not be liable for: (a) lost, stolen, damaged, or delayed mail after delivery to USPS; (b) errors in AI-generated content, voice transcriptions, or message suggestions; (c) inaccurate address verification results; (d) third-party service outages or failures (Stripe, Supabase, Twilio, Tree Nation, Mux, USPS, or others); (e) loss of digital content, including Gather videos, voice recordings, address books, or account data; (f) unauthorized access to your account resulting from your failure to protect your credentials; (g) actions of independent contractors, including Serenade musicians; or (h) any content sent through the Platform by other users.

To the fullest extent permitted by law, the total aggregate liability of all DearlySent Parties for any and all claims arising out of or relating to these Terms, the Platform, or the Services shall not exceed the greater of: (a) the total amount paid by you to DearlySent in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred U.S. dollars ($100.00). This limitation applies regardless of the form of action or theory of liability.

Some jurisdictions do not allow limitations on incidental or consequential damages. In such jurisdictions, the above limitations apply to the fullest extent permitted by applicable law.

17. Force Majeure

DearlySent shall not be liable for any delay or failure to perform any obligation under these Terms when the delay or failure results from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, labor disputes, shortages of transportation, fuel, energy, labor, materials, or supplies, failure of telecommunications or information technology infrastructure, hacking or cyberattacks, USPS delays or service disruptions, third-party service provider outages, power outages, governmental actions or regulations, or any other event beyond our reasonable control. In the event of a force majeure, our obligations will be suspended for the duration of the event.

18. Beta Features and Experimental Services

We may offer features labeled as “beta,” “experimental,” “preview,” or “early access” (including, without limitation, Marketplace, Uplift Campaigns, AI Concierge, and any new product or feature). These features are provided without any warranty whatsoever and may be modified or discontinued at any time without notice. We are not liable for any data loss, service interruptions, errors, or damages related to beta features.

If you use our Platform to raise funds or collect gifts for a third party (including through Uplift Campaigns or other collaborative features), you are solely responsible for compliance with all applicable tax, fundraising, solicitation, and disclosure laws.

19. Electronic Communications

By using the Platform, you consent to receiving electronic communications from us, including emails, text messages, push notifications, and in-app messages. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

20. Governing Law

These Terms and any action related thereto shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware.

21. No Waiver; Cumulative Remedies

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. A waiver of any right must be in writing and signed by DearlySent. The rights and remedies provided in these Terms are cumulative and are not exclusive of any other rights or remedies available at law or in equity.

22. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.

22.1 Informal Resolution First

Before initiating any formal dispute resolution, you agree to contact us at care@dearlysent.com and attempt to resolve the dispute informally for at least 30 days. Most concerns can be resolved quickly this way.

22.2 Mandatory Binding Arbitration

Governing Law for Arbitration. The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), governs the interpretation and enforcement of this arbitration agreement and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to this arbitration agreement, then that issue shall be resolved under the laws of the State of Delaware.

If we cannot resolve the dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in San Francisco, California (or via remote teleconference at the election of either party) before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction.

22.3 Class Action Waiver

You and DearlySent agree that each party 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, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding.

If this specific Class Action Waiver is found to be unenforceable, then the entirety of this Dispute Resolution and Arbitration section shall be null and void, and the dispute shall be decided by a court of competent jurisdiction (as set forth in Section 20), not in arbitration.

22.4 Exceptions

Notwithstanding the mandatory arbitration provision, either party may: (a) bring an individual action in small claims court if the claim qualifies and remains in small claims court; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

22.5 Opt-Out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending a written notice to care@dearlysent.com stating your full name, account email or phone number, and your intent to opt out. If you opt out, you may still bring claims in court subject to the governing law and jurisdiction provisions of these Terms.

23. Severability

If any provision of these Terms is found to be invalid, unenforceable, or illegal by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

24. Entire Agreement

These Terms, together with the Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and DearlySent regarding your use of the Platform, and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

25. Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. DearlySent may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

26. Contact

Questions about these Terms? Reach our Care Ambassadors: