Terms of Service

1. Acceptance of Terms

By accessing or using Everwish at everwish.cards ("Service"), you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, please do not use our Service.

The Service is operated by Everwish LLC, registered in New Jersey, United States.

2. Description of Service

Everwish is a digital greeting card platform that allows users to create, personalize, and send video-based greeting cards for occasions such as birthdays, anniversaries, holidays, and more. Our service includes:

• Creating personalized video cards with custom messages and photos
• Delivering cards via email directly through Everwish
• Pre-filling WhatsApp and SMS messages for sender-initiated delivery
• Bulk card sending to multiple recipients using monthly credits
• Gmail contact import and Google Calendar event reminders
• VIP membership with expanded features and monthly bulk credits
• Card tracking including delivery and open status

3. Plans & Pricing

Individual Cards:

• SnapWish (Free): Static animated card with custom message, always free
• WonderDream ($4.99): Animated card with personal photo upload
• PhotoWish ($6.99): Animated card with up to 5 photo slideshow

VIP Membership ($12.99/month):

• Unlimited individual cards (SnapWish, WonderDream & PhotoWish) at no extra charge
• 500 bulk credits per calendar month
• Priority support and early access to new features
• Membership renews automatically unless cancelled

Free Monthly WonderDream Cards:

Every account receives 10 free WonderDream cards per calendar month. The free allowance resets at the start of each month and unused cards do not carry over. Once the monthly allowance is used, additional WonderDream cards are charged at the regular price ($4.99). Sending and addressing recipients is always unlimited, regardless of the monthly card allowance. This allowance does not apply to PhotoWish, which is always a paid card.

All prices are in USD. We reserve the right to change pricing at any time with reasonable notice.

4. Bulk Sending & Credits

• Credit Allocation: 500 credits per calendar month are granted to active VIP members. Credits reset at the start of each billing period and do not roll over.
• Credit Deduction: One credit is deducted per recipient for bulk email sends processed through Everwish. Individual (non-bulk) card sends do not deduct credits.
• Credit Limits: Sending a bulk card to more recipients than remaining credits allows will be partially processed up to available credit balance.
• No Refunds for Credits: Credits consumed for a bulk send are not refunded if a recipient does not open the card or if the card is later deleted.
• Bulk Email Only: Bulk sending is available via email only. WhatsApp and SMS channels are not available for bulk sends.

5. Google Account Connection

Everwish allows you to connect your Google account to enable the following features:

• Gmail Contact Import (contacts.readonly): Import contact names and email addresses to use as bulk send recipients. You choose which contacts to include — Everwish never auto-sends to your contact list.
• Account Identification (userinfo.email): Link your Google identity to your Everwish profile.
• Calendar Reminders (calendar.readonly): Read upcoming birthdays and events so Everwish can remind you to send a card. We never create, modify, or delete calendar events.

By connecting your Google account, you authorize Everwish to access only the scopes listed above. You can revoke access at any time from your account settings or at myaccount.google.com/permissions.

Google data accessed through the API is used exclusively to deliver Everwish features as described above. We do not sell, share, or use Google data for advertising or any purpose beyond what is stated.

6. Card Delivery Methods

Email (Everwish delivers directly):

When a recipient email is provided, Everwish sends a notification email on your behalf. You are responsible for providing accurate recipient email addresses.

WhatsApp & SMS (You deliver directly):

For WhatsApp and SMS, Everwish provides a pre-filled message with your card link. You send this message directly from your own device using your personal WhatsApp or SMS app.

Everwish has no responsibility for:

• Delivery, privacy, or errors in WhatsApp or SMS transmissions
• Compliance with WhatsApp's Terms of Service or your mobile carrier's policies
• Any content you add to the pre-filled message beyond the card link
• Recipient consent for receiving WhatsApp or SMS messages

By using the WhatsApp or SMS share feature, you represent that you have the recipient's consent to contact them and that you will comply with all applicable laws and platform policies.

7. Recipient Identification & Third-Party Viewers

The email address and/or phone number entered at checkout identifies the original intended recipient. Any person who views a card link but whose contact information does not match the checkout data is considered a third-party viewer and will see a promotional version of the card encouraging them to create their own Everwish card.

By using Everwish, you acknowledge and agree to this identification system and the display of promotional content to third-party viewers.

8. User Content

You retain ownership of content you create and upload to Everwish. By uploading content, you grant Everwish a limited license to use, store, process, and display that content solely for the purpose of providing the Service.

You are solely responsible for the content you create. You agree not to create cards that contain:

• Illegal content or content that violates any applicable law
• Harassment, hate speech, or threatening material
• Content that infringes on third-party intellectual property rights
• Spam, unsolicited commercial messages, or fraudulent content
• Explicit sexual or violent material

9. Payments & Refund Policy

Payments are processed securely through Stripe. By completing a purchase, you agree to Stripe's Terms of Service.

• Individual Cards: Non-refundable once the card has been generated and sent.
• VIP Membership: You may cancel at any time. Cancellation takes effect at the end of the current billing period. No partial refunds for unused days.
• Failed Delivery: If a card fails to deliver due to a system error on our end, we will re-attempt delivery or issue a credit at our discretion.
• Bulk Credits: Credits consumed are non-refundable regardless of whether the recipient opened the card.

10. Acceptable Use Policy

You agree not to:

• Use Everwish for spam, bulk commercial solicitation, or any form of abuse
• Attempt to bypass security features or access accounts you don't own
• Use bulk sending to harass recipients or send unsolicited messages
• Scrape, crawl, or extract data from Everwish in an automated manner
• Resell or redistribute Everwish cards or services without authorization
• Create multiple accounts to exploit free monthly card allowances or promotions

Violation of these policies may result in account suspension or termination without refund.

11. Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason at our sole discretion. You may also close your account at any time by contacting us at support@everwish.cards.

12. Disclaimer of Warranties

The Service is provided "as is" without warranties of any kind, either express or implied. We do not guarantee that the Service will be uninterrupted, error-free, or that cards will be delivered successfully to all recipients.

13. Limitation of Liability

To the maximum extent permitted by law, Everwish LLC shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Service. Our total liability shall not exceed the amount you paid for the specific service giving rise to the claim.

14. Changes to Terms

We may update these Terms of Service from time to time. Changes will be posted on this page with an updated "Last Updated" date. Your continued use of the Service after changes constitutes acceptance of the new terms.

15. Governing Law

These Terms are governed by the laws of the State of New Jersey, United States. Any disputes shall be resolved in the courts of Bergen County, New Jersey.

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