Terms of Service

1. Agreement to Terms

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

These Terms constitute a legally binding agreement between you and CelebrateThisMortal ("we," "us," or "our") regarding your use of our website and services for creating digital celebration cards.

2. Description of Service

CelebrateThisMortal provides a platform for creating interactive digital celebration cards featuring:

• Various templates including 2D and 3D designs
• Customizable backgrounds, layouts, and add-ons
• Ability to add photos, messages, audio recordings, and GIFs
• Group collaboration features for multiple contributors
• Integration with third-party services like Spotify and GIPHY

3. User Accounts

3.1 Account Creation

You may use certain features of the Service without creating an account. However, to access full functionality, you may need to create an account or sign in with Google.

3.2 Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

3.3 Temporary Users

We may assign temporary identifiers to users who contribute to cards without creating an account. These contributions will be associated with your device/browser session.

3.4 Age Requirements

You must be at least 13 years old to use the Service. If you are under the age of majority in your jurisdiction, you represent that you have permission from a parent or legal guardian.

4. User Content

4.1 Your Content

You retain ownership of the content you upload to the Service (messages, photos, audio, etc.). By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, display, and distribute your content solely for the purpose of providing the Service.

4.2 Content Standards

You agree not to upload, post, or share content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Infringes any patent, trademark, copyright, or other intellectual property rights
• Contains malware, viruses, or any harmful code
• Impersonates any person or entity
• Contains personal information of others without their consent
• Is spam, advertising, or promotional material not authorized by us
• Is sexually explicit or pornographic
• Promotes violence or discrimination

4.3 Content Removal

We reserve the right to remove any content that violates these Terms or that we find objectionable, without prior notice.

4.4 Acceptable Use

You agree not to:

• Attempt to reverse engineer, scrape, or exploit the Service
• Interfere with or disrupt the Service or its infrastructure
• Bypass security or access controls
• Use automated systems (bots, scripts) without prior authorization
• Use the Service in a way that could damage or impair it

5. Payments and Pricing

5.1 Free and Paid Templates

Some templates are available for free, while premium templates require payment. Pricing is displayed on the template selection page and at checkout. Purchasing a template grants you a license to use it within the Service, not ownership of the underlying design.

5.2 Payment Processing

Payments are processed securely through Stripe. By making a purchase, you agree to Stripe's terms of service. All prices are in USD unless otherwise stated.

5.3 Refunds

Due to the digital nature of our products, we generally do not offer refunds once a template has been purchased and accessed. However, we may consider refund requests on a case-by-case basis. Please contact us at christina@celebratethismortal.com for refund inquiries.

5.4 Promotional Codes

Promotional codes may be offered from time to time. These codes are subject to specific terms and expiration dates and cannot be combined with other offers unless stated otherwise.

6. Intellectual Property

6.1 Our Property

CelebrateThisMortal owns the original code, design, and features of the platform itself, which are protected by copyright laws. However, the Service incorporates third-party assets and code licensed under open-source licenses (such as MIT) and other free resources. Such third-party components remain the property of their respective owners and are governed by their original licenses. We provide appropriate attributions and credits for all third-party materials as required.

6.2 Third-Party Content and Licenses

The Service uses third-party assets and code, including MIT-licensed components and other free resources created by others. Such content remains the property of its respective owners and is subject to their original licenses. Additionally, some content may be provided by third-party services (e.g., GIPHY GIFs, Spotify playlists), which is subject to their respective terms of use. We provide proper attribution and credits for all third-party materials.

6.3 Attributions

Some templates use third-party assets that require attribution. We display required attributions on applicable templates.

7. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information.

8. Third-Party Services

The Service integrates with third-party services including Google, Stripe, Spotify, GIPHY, and others. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party services.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CELEBRATETHISMORTAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless CelebrateThisMortal and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service or violation of these Terms.

12. Termination

We may terminate or suspend your access to the Service at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. Termination may result in loss of access to cards and content associated with your account.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes by posting the updated Terms on this page with a new "Last updated" date. If you do not agree to the updated Terms, you must stop using the Service. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

14. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law provisions.

Any disputes arising out of or relating to these Terms shall be resolved exclusively in the courts located in British Columbia, Canada, and you consent to their jurisdiction.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Email: christina@celebratethismortal.com

Website: celebratethismortal.com