Terms of service

These Terms of Service (“Terms”) are an agreement between you and [Legal entity name] (“La Postina,” “we,” or “us”). They cover the La Postina app, this website, and the cards we print and mail for you (together, the “Service”). By using the Service, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use the Service.

Please read two parts closely. Once a card has gone to the printer, the sale is final and we can't refund it (see “Cancellations and refunds”). And most disputes with us are resolved by individual arbitration, not in court, and you waive class actions and jury trials, unless you opt out within 30 days (see “Resolving disputes”).

Using La Postina

• You must be 13 or older to use the Service. If you're under 18, your parent or guardian must agree to these Terms for you.
• Keep your account secure. You're responsible for what's done with it, and you'll tell us if you think someone else is using it.
• We mail cards to addresses in the United States only.

The app

The La Postina app is licensed to you under Apple's standard Licensed Application End User License Agreement. These Terms cover the Service and add to that agreement. If they conflict about the app itself, Apple's agreement controls. We, not Apple, are responsible for the app and the Service.

Your cards and what you put on them

• You own the words you write and the photos you upload (“your content”). You give us a non-exclusive, royalty-free, worldwide license to store, copy, display and print your content only to show you your cards, print and mail them, and run the Service. The license ends when you delete the content or your account, except for cards already at the printer or mailed, and records we keep as our Privacy Policy describes.
• You're responsible for your content. Use only words and photos you have the right to use, and don't send anything unlawful, threatening, harassing, hateful or obscene, or anything that infringes someone else's rights. Don't mail anyone who has asked not to hear from you.
• We may decline or cancel an order that breaks these Terms before it goes to the printer, with a full refund.

Our designs and the Service

The Service, including its designs, artwork, fonts, name and logo, belongs to us or to our licensors. We give you a limited, non-exclusive, non-transferable, revocable right to use the Service and its designs to make and send cards through La Postina. You may not:

• copy, sell or reuse our designs outside the cards you send through La Postina;
• reverse engineer, decompile or try to get the source code of the Service, except as the law allows;
• use bots or scrapers, get around our limits or security, or interfere with the Service or other people's use of it;
• pretend to be someone else, or use the Service for bulk or unwanted mailings.

Orders and payment

• You see the price before you pay, in U.S. dollars. It covers printing, the envelope, First-Class postage and any sales tax.
• Stripe processes payments, by Apple Pay or card, under its own terms. Your order keeps the price you saw when you paid.
• Before you pay, you approve a preview drawn exactly as we'll print it. Check the words and the address carefully, because we print and mail what you approve.

Cancellations and refunds

• You can cancel a card in the app for a full refund until it goes to the printer. A card scheduled for later goes to the printer the business day before it mails.
• Once a card has gone to the printer, the sale is final. We can't cancel it, and we don't refund it, for any reason, including a delay in delivery or a mistake in the address or words you approved.
• There's one exception. If the printer turns a card away because it can't mail to the address, before printing it, you can fix the address and we'll send it again, or you can take a full refund in the app. If the printer can't print a card for any other reason, we'll send it to the printer again.
• If a card is printed or mailed wrong because of a mistake by us or our printer, such as a card that doesn't match the preview you approved, we'll reprint it and mail it again at no charge. A reprint is your only remedy for those mistakes. If we can't reprint a card, we'll refund it. Write to us within 30 days after the card should have arrived.
• If a mailed card comes back because of its address, you can fix the address in the app and we'll mail it again once at no charge.
• If the Postal Service loses or delays a card, we can't replace or refund it. Our part ends when the card is mailed.

Delivery

We mail cards by USPS First-Class Mail, which usually takes 1 to 5 business days after mailing. The app shows the window a card should arrive in. It's our best estimate, not a promise. The Postal Service handles delivery, and we can't follow a card once it's mailed. For a card that should arrive by a date, we plan its mailing for the slow end of that window.

Points

You may earn points, for example when someone claims a card you sent. Points have no cash value, can't be sold or transferred, and can be used only in La Postina as the app describes. We may change or end the points program, and we may take back points earned by mistake or by abuse. Points end when your account does.

Disclaimers

We work hard to keep La Postina running and to print and mail every card well. Even so, to the fullest extent the law allows, the Service is provided “as is” and “as available,” and we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We don't promise that the Service will be uninterrupted or error-free, or that a card will arrive by a particular date.

Limitation of liability

To the fullest extent the law allows, we aren't liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill, and we aren't responsible for delays or losses caused by the Postal Service or by events outside our reasonable control. Our total liability for any claim about the Service is limited to the greater of the amount you paid us in the 12 months before the claim and $50. These limits don't apply to death or personal injury, fraud, or willful or grossly negligent conduct. Some places don't allow these limits, so some of them may not apply to you.

Indemnity

You agree to defend, indemnify and hold harmless [Legal entity name] and its owners, employees and contractors from any claims, losses and costs, including reasonable lawyers' fees, that come from your content, your breaking these Terms or the law, or your violating someone else's rights. This doesn't cover a claim caused by our own negligence or breach.

Resolving disputes

Talk to us first. If you have a dispute with us, write to support@lapostina.com and to [Mailing address] with your name, how to reach you and what you'd like us to do. We'll try to resolve it with you within 60 days, and we'll do the same if we have a dispute with you. Neither of us will start an arbitration or a court case before then, and those 60 days don't count against any deadline for bringing a claim.

Individual arbitration. If we can't resolve it, you and we agree that any dispute about the Service or these Terms will be decided by binding individual arbitration, not in court, under the Federal Arbitration Act. The American Arbitration Association (AAA) runs it under its Consumer Arbitration Rules, which set the fees, and we pay our share. The hearing can be by phone or video, or in the county where you live. The arbitrator decides any question about whether a dispute must be arbitrated, except that a court decides whether the waiver of class actions below can be enforced. The arbitrator can award you the same individual relief a court could.

What isn't arbitrated. Either of us can bring an individual claim in small claims court instead, where you live or where we are. Either of us can go to court to stop the infringement or misuse of intellectual property. And a request for public injunctive relief, where the law doesn't allow it to be waived, is decided by a court after the rest of the dispute has been arbitrated.

No class actions or jury trials. You and we may each bring claims only individually, not as a plaintiff or class member in any class, collective or representative proceeding, and, to the extent the law allows, you and we each waive a jury trial. If this paragraph can't be enforced for a particular claim, that claim goes to court, not to class arbitration, and the rest of this section still applies.

Opting out. You can opt out of this arbitration agreement, including the waiver of class actions, within 30 days of first agreeing to these Terms or of the day this section was added to them, whichever is later. Email support@lapostina.com with the subject “Arbitration opt-out,” your name and the email address of your account. Opting out doesn't change anything else in these Terms.

Changes to this section. If we change this section, the change won't apply to a dispute we already know about, and you can reject it by emailing us within 30 days of the change.

Governing law

These Terms are governed by the laws of the State of California, without regard to its rules about conflicts of law, and by the Federal Arbitration Act for arbitration. Any claim that isn't arbitrated or brought in small claims court goes to the state or federal courts in [County], California, and you and we agree to those courts' jurisdiction.

Suspension and closing an account

You can stop using La Postina at any time, and delete your account in the app or ask us to. We may suspend or close an account that breaks these Terms or that we reasonably believe is being used for fraud or abuse, and we may refuse to let that person open a new account, including with the same email address or Apple Account. We may also stop offering the Service. Either way, we'll refund any card that hasn't gone to the printer. The sections “Your cards and what you put on them,” “Our designs and the Service,” “Cancellations and refunds,” “Disclaimers,” “Limitation of liability,” “Indemnity,” “Resolving disputes” and “Governing law” still apply after an account closes.

Changes to these Terms

We may update these Terms. We'll change the date at the top, and if a change matters, we'll tell you in the app or by email before it takes effect. Using the Service after that means you accept the new Terms.

Copyright complaints

If you think something on the Service infringes your copyright, write to support@lapostina.com or [Mailing address]. Include:

• the work you think is infringed, and where the infringing material is;
• your name, address, phone number and email address;
• a statement that you believe in good faith the use isn't authorized;
• a statement, under penalty of perjury, that your notice is accurate and that you own the copyright or may act for its owner;
• your physical or electronic signature.

We may close the accounts of people who repeatedly infringe others' copyrights.

General

• These Terms, our Privacy Policy and Apple's standard license for the app are the whole agreement between you and us about the Service.
• If part of these Terms can't be enforced, the rest still applies. Not enforcing a part isn't a waiver of it.
• You can't transfer these Terms. We can transfer them, for example if La Postina is sold or merged.
• You agree to receive notices from us electronically, in the app or by email. No one else has rights under these Terms, except Apple, as the app's license says.
• Nothing in these Terms limits rights you have under law that can't be waived.

A note for California users

Under California Civil Code Section 1789.3, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.

Contact

[Legal entity name], [Mailing address]. Email support@lapostina.com.