Terms of Service

Effective [[EFFECTIVE DATE]]. These terms are a contract between you and [[LEGAL ENTITY]] ("we", "us"), who operate PHATTT (the "Service"). By creating an account or using the Service you accept them. If you do not accept them, do not use the Service.

1. Who may use it

You must be at least 16 years old, or the minimum age at which you can consent to online services where you live, whichever is higher. You must give an email address you control. You are responsible for everything done through your account, so keep your sign-in details to yourself and tell us promptly at [[CONTACT EMAIL]] if you believe someone else has used it.

One person, one account. Do not create accounts by automated means or to evade a suspension.

2. What the Service does

The Service lets you compose a digital card, add your own text and media to it, and share it by a link. Depending on the settings you choose, a card may be open to anyone with the link, restricted to a private link, or restricted to email addresses you name.

3. Your content stays yours

You keep all rights in the text, images, audio, video and other material you put into a card ("Your Content"). You grant us only the licence we need to operate the Service: to store Your Content, to process it, and to transmit and display it to the people you choose to share it with. That licence lasts as long as you keep the content on the Service and ends when the content is deleted, except for backups that expire on their normal cycle.

We do not use Your Content to advertise, to train models, or for any purpose other than delivering the Service to you.

4. What you must not do

You must not use the Service to create, store or share material that:

• breaks any law that applies to you or to the recipient;
• infringes anyone's copyright, trade mark, privacy or other rights;
• sexualises a minor in any way, or depicts a minor in a sexual context;
• harasses, threatens, defames or incites violence or hatred against a person or group;
• is unsolicited bulk messaging, or is sent to people who did not agree to hear from you;
• contains malware, or is designed to deceive a recipient into revealing credentials or making a payment.

You must not attempt to gain access to another user's account or content, probe or interfere with the Service's security, place unreasonable load on it, scrape it by automated means, or resell access to it.

When you send a card to named recipients, you confirm that you have a proper basis for giving us their email addresses and that they will not be surprised to hear from you. You are the controller of those addresses; we process them only to deliver that card.

5. We do not read your cards, and what that means for you

We do not open, browse, review or monitor the contents of cards. Our internal tools report counts and nothing else; there is no facility in them for a member of our staff to open a card. This is a deliberate design and a commitment, not a courtesy.

The consequence follows directly: we do not pre-screen anything, and we cannot warrant that any card is lawful, accurate or inoffensive. Responsibility for Your Content is yours alone. We have no general obligation to monitor and we do not accept one.

6. Reporting a card, and removal

If you receive a card that breaks section 4, send us the link and a description of the problem at [[CONTACT EMAIL]]. Because we cannot search cards, the link is essential; without it there is nothing we can act on.

We may remove a card, and suspend or close an account, where we have a good-faith belief that it breaks these terms or the law, or where a competent authority requires it. Every removal we make is recorded internally with the reason for it. Where it is practical and the law allows, we will tell the affected user what was removed and why. We may act without prior notice where the material appears seriously harmful or unlawful, or where notice would prejudice an investigation.

If you believe material infringes your intellectual property, write to [[CONTACT EMAIL]] identifying the work, the card link, and your authority to act, and confirming your statement is made in good faith.

7. Cards expire, and expiry means deletion

Read this even if you read nothing else. Every card has a lifetime, shown to you when you create it. When it expires the card stops opening and is then permanently deleted on our routine schedule, along with the media stored only for it. Deletion is not reversible and we do not keep an archive you can ask us to restore from.

The Service is a way to send something, not a place to keep it. Keep your own copy of anything you would be sorry to lose.

8. Supporter, and what you are paying for

Supporter is one payment for one year. It does not renew and you will not be charged again. If you want another year when it ends, you buy another one.

What it buys is higher daily limits on a service you can already use for free — the exact numbers are on the pricing page, and they are the whole of what is promised. Everything a Supporter can do, a free account can do; only the amounts differ. It is not storage, not a guarantee that any particular feature will exist for ever, and not a service level.

Your account is raised as soon as the payment reaches us, which is normally within a minute. That is the delivery: it happens once, at the start, and the year runs from there. Payment is taken by an independent payment provider and we never receive or store your card number.

Because access is given in full at the start, a year that has begun is treated as delivered, and payments are not refundable — except where the law where you live gives you a right you cannot waive, or where the Service failed materially through our fault and we could not put it right in a reasonable time.

Prices may change for future purchases. A change never affects a year you have already bought.

9. If something is wrong, tell us before you tell your bank

Write to [[CONTACT EMAIL]] first. Questions about a payment are answered, and where something has gone wrong on our side it is put right. Most matters are resolved that way, and quickly.

If you do not recognise a charge, it may be ours: a payment can appear on a statement under the name of the payment provider rather than ours. Write to us and it will be identified for you.

A reversal raised through a bank or card issuer carries a penalty several times the value of the payment, and it closes the route by which the matter could have been settled directly. Where one is raised without prior contact, we may suspend the account until the position is resolved.

10. AI features run on your own key

Where the Service helps you compose a card using artificial intelligence, it does so through an API key that you obtain from a provider you choose and store in the Service. When you use those features, the text you supply is sent from your browser to that provider under your own account and their terms, and any charge is between you and them.

We do not select, control, endorse or supervise that provider, and we are not responsible for what it returns, for its availability, for its pricing, or for what it does with what you send it. Output generated this way may be inaccurate, unoriginal or unsuitable; you are responsible for checking it before you send a card containing it.

11. Availability

We aim to keep the Service running but we do not promise it will be uninterrupted or error-free. We may change, suspend or withdraw any part of it, and may carry out maintenance, with notice where that is practical. The Service is provided "as is" and "as available", and to the fullest extent the law allows we exclude all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

12. Limitation of liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

Subject to that, and to the fullest extent the law allows:

• we are not liable for indirect, incidental, special, consequential or punitive loss, nor for loss of profit, revenue, goodwill, business opportunity, or anticipated saving, however caused;
• we are not liable for the loss or corruption of content, including content deleted on expiry, and section 7 tells you to keep your own copy;
• we are not liable for content created by users, for what a recipient does with a card, or for the acts or omissions of any third party including a payment provider or an AI provider;
• our total liability to you for all claims arising in any twelve-month period is limited to what you paid us for the Service in that period.

These limits apply however the claim is framed, in contract, in tort, or otherwise, and survive termination.

13. You cover us for what you put on the Service

You will indemnify and hold us harmless against any claim, demand, loss, liability and reasonable legal cost arising from Your Content, from your use of the Service, from your breach of these terms or of any law, or from your use of another person's data. We will tell you promptly of any such claim and will not settle it without asking you first.

14. Ending it

You may close your account at any time; see the privacy policy for what happens to your data. Closing it does not refund a year already bought. We may suspend or close an account that breaks these terms, and we may withdraw the Service altogether on reasonable notice. Where we withdraw the Service, or close an account for a reason other than your breach of these terms, we will refund the unused part of a year you have paid for, counted in whole months and paid by the method you paid with.

15. Changes to these terms

We may change these terms. Where a change materially reduces what you have paid for, we will give reasonable notice before it takes effect, and continuing to use the Service after that date means you accept it. If you do not, close your account before that date and we will refund the unused part of the year on the same basis as section 14.

16. Law and disputes

These terms are governed by the law of [[JURISDICTION]], and the courts of [[JURISDICTION]] have exclusive jurisdiction. If you are a consumer, this does not deprive you of the protection of mandatory rules of the country where you live, nor of the right to bring proceedings there.

Before starting proceedings, or asking a bank or card issuer to reverse a payment, please write to [[CONTACT EMAIL]] and allow thirty days. Most matters are settled that way, and at the amounts involved it is the only route on which either party is better off.

17. The rest

These terms, with the privacy policy, the disclaimer and the pricing page, are the entire agreement between us about the Service. If any provision is held unenforceable, the rest continues in force. Our not enforcing a term is not a waiver of it. You may not transfer your rights under these terms; we may transfer ours to a successor of our business, on notice, provided your rights are not reduced.

Questions: [[CONTACT EMAIL]].