Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “your”) and Escargot, Inc. (“Escargot,” “we,” “us,” or “our”), governing your access to and use of our websites, mobile applications, and related services (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services. If you are using the Services on behalf of an organization, you are agreeing to these Terms on behalf of that organization.

2. Description of Services

Escargot provides a mobile and web-based service that enables users to select, customize, and send physical greeting cards to recipients. Our Services include browsing card designs, customizing card content, processing payments, and arranging for the printing and mailing of physical cards to recipients at the addresses you provide.

3. Eligibility

You must be at least 18 years old to use our Services. By using the Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are under 18, you may not use our Services.

4. Account Registration

To use certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

5. Orders and Payments

When you place an order through our Services, you agree to pay the applicable fees, including card prices, shipping costs, and any applicable taxes. All prices are displayed in U.S. dollars unless otherwise indicated.

Payment is processed at the time of your order through our third-party payment processor, Stripe, Inc. By providing payment information, you represent and warrant that you are authorized to use the designated payment method. We reserve the right to cancel or refuse any order at our discretion.

Once an order has been submitted for printing and fulfillment, it cannot be canceled or modified. Please review your card content and recipient address carefully before submitting your order.

6. Subscriptions

We may offer subscription plans that provide access to certain features or benefits at a recurring fee. If you purchase a subscription:

Billing: your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the applicable subscription fee at the beginning of each billing period.

Cancellation: you may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of the current billing period. You will continue to have access to subscription benefits until the end of your paid billing period.

Price changes: we may change subscription fees upon reasonable notice. Any price changes will take effect at the start of the next billing period following the notice.

7. User Content

Our Services may allow you to submit, upload, or input content such as custom messages, images, or other materials (“User Content”) for inclusion on greeting cards. You retain ownership of your User Content, but by submitting it through our Services, you grant us a limited, non-exclusive license to use, reproduce, and process your User Content solely for the purpose of fulfilling your orders and providing the Services.

You represent and warrant that your User Content does not violate any applicable law, infringe any third-party intellectual property or privacy rights, or contain any content that is defamatory, obscene, threatening, or otherwise objectionable. We reserve the right to refuse to print any User Content that violates these Terms.

8. Intellectual Property

All content, features, and functionality of our Services — including card designs, artwork, text, graphics, logos, icons, software, and the overall look and feel of the Services — are owned by Escargot, our licensors, or other providers and are protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any materials or content from our Services without our prior written consent, except as expressly permitted by these Terms.

9. Prohibited Uses

You agree not to use our Services for any unlawful purpose or in any way that violates these Terms. Without limitation, you agree not to:

• Use the Services to send cards containing threatening, harassing, defamatory, obscene, or otherwise objectionable content.
• Use the Services to send unsolicited commercial communications or spam.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Interfere with or disrupt the Services or servers or networks connected to the Services.
• Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services.
• Use any automated means (including bots, scrapers, or similar technologies) to access the Services without our express written permission.
• Reproduce, duplicate, sell, resell, or exploit any portion of the Services for commercial purposes without our express written consent.

10. Third-Party Services and Platforms

Our Services integrate with and rely on third-party services, including Stripe for payment processing, third-party printing and fulfillment partners for card production and delivery, and third-party analytics and advertising platforms (including AppsFlyer and Meta Platforms) for measuring the effectiveness of our advertising campaigns.

Your use of these third-party services may be subject to their own terms of service and privacy policies. We encourage you to review the terms and privacy policies of any third-party services you interact with through our Services. We are not responsible for the practices of any third-party service providers.

If you access our Services through or via a third-party platform (such as the Apple App Store or Google Play Store), your use is also subject to the terms and policies of that platform.

11. Disclaimer of Warranties

The Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the servers that make the Services available are free of viruses or other harmful components. We do not guarantee the delivery of physical cards by any specific date, as delivery times depend on our fulfillment partners and postal services.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Escargot and its officers, directors, employees, and agents 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, arising out of or in connection with your use of the Services.

In no event shall our total liability to you for all claims arising out of or relating to these Terms or your use of the Services exceed the amount you have paid to us in the twelve (12) months preceding the event giving rise to the liability.

13. Indemnification

You agree to indemnify, defend, and hold harmless Escargot and its officers, directors, employees, contractors, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, your violation of any third-party right (including any intellectual property or privacy right), or any User Content you submit through the Services.

14. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

You may terminate your account at any time by contacting us at [email protected]. Termination of your account will not affect any orders that have already been submitted for fulfillment.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of such courts.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through the Services or by other reasonable means. Your continued use of the Services after any changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.

17. Miscellaneous

Entire agreement: these Terms, together with our Privacy Policy, constitute the entire agreement between you and Escargot regarding the Services and supersede all prior agreements and understandings.

Severability: if any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver: our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment: you may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

18. Contact Information

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

Email: [email protected]

Postal address: Escargot, Inc., 210 5th Ave, Suite 301, New York, NY 10010