Effective date: [DATE — insert when published] | Last updated: April 2026
These Terms of Service ("Terms") are a legally binding agreement between you ("you," "your") and Insentify, LLC, a New York limited liability company ("Insentify," "we," "our," "us"), governing your access to and use of the Insentify website at insentify.com and the subscription greeting card delivery service (together, the "Service"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 18 years old and a legal resident of the United States to use the Service. By using the Service, you represent and warrant that you meet these requirements and have the legal capacity to enter into this agreement.
2. Account Registration
To access certain features of the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Keep your account information current
- Maintain the confidentiality of your login credentials
- Accept responsibility for all activities that occur under your account
- Notify us immediately at hello@insentify.com of any unauthorized use of your account
We reserve the right to suspend or terminate accounts that violate these Terms.
3. Description of the Service
Insentify offers subscription plans that include a defined number of physical greeting cards and electronic greeting cards ("e-cards") per billing period. Subscribers designate recipients, set occasion dates (such as birthdays, anniversaries, and holidays), select card designs, and we generate, personalize, and deliver cards on the subscriber's behalf. Subscribers may also purchase additional physical cards ("add-ons") beyond their plan allocation, subject to the pricing terms set forth in the Subscription Agreement. The specific features, card types, delivery methods, and quantities vary by subscription plan.
4. Subscriptions, Billing, and Add-Ons
Subscription billing, auto-renewal, pricing, add-on pricing, cancellation, and modification are governed by the Subscription Agreement (see separate document), which is incorporated into these Terms by reference.
5. Review and Approval of Scheduled Cards
Before each scheduled card is fulfilled, we will send you a review notification by email (and by SMS if you have opted in) giving you an opportunity to review, edit, or cancel the card. You understand that:
- Review notifications are typically sent approximately seven (7) days before the scheduled send date, with a follow-up reminder approximately three (3) days before
- You may edit card content, recipient address, signature, card design, and delivery method during the review window
- If you do not respond to the review notification, we will fulfill the card using the default settings and generated content as scheduled
- Orders lock automatically approximately two (2) days before the scheduled send date; edits after the lock date may not be possible
By scheduling a card and not cancelling during the review window, you authorize us to fulfill and send the card as specified.
6. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation
- Send cards or messages that are harassing, threatening, defamatory, obscene, hateful, discriminatory, or that incite violence
- Use the Service to stalk, harass, or contact any person who has indicated they do not wish to receive communications from you
- Provide recipient information without the relationship or right to do so
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Upload content that infringes any third party's intellectual property, privacy, publicity, or other rights
- Use the Service to transmit malware, spam, or any harmful or deceptive content
- Attempt to gain unauthorized access to the Service, other users' accounts, or our systems
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
- Scrape, crawl, or extract data from the Service using automated means without our written permission
- Use the Service to compete with Insentify or to build a competing product
- Resell, sublicense, or transfer your access to the Service without our written permission
We may suspend or terminate your account for violations of these acceptable use rules, with or without notice, and may refuse to deliver cards that we reasonably believe violate these Terms.
7. User-Provided Content
You retain ownership of the content you provide (messages, images, handwriting samples, signatures, recipient information, customer requests, and other user content — together, "User Content"). By submitting User Content, you grant Insentify a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display the User Content solely for the purpose of providing the Service to you (including generating, printing, mailing, and delivering cards on your behalf, and responding to customer requests). This license ends when you delete your User Content or your account, except to the extent retention is required by law or necessary to fulfill in-progress orders.
You represent and warrant that:
- You own or have the necessary rights to all User Content you submit
- Your User Content does not violate any applicable law or third-party rights
- Your User Content does not contain any material that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable
8. Intellectual Property
The Service, including all software, designs, text, graphics, logos, card templates, card designs, and other content (excluding User Content), is owned by Insentify or our licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service except the limited license to use the Service as described herein.
The name "Insentify," the Insentify logo, and related marks are trademarks of Insentify, LLC. You may not use these marks without our prior written permission.
9. Third-Party Services
The Service may integrate with or link to third-party services (such as payment processors, mailing partners, SMS delivery services, and AI content generation providers). We are not responsible for the content, policies, or practices of third-party services. Your use of third-party services is governed by their terms and policies.
10. Fees and Payment
Subscription fees and add-on prices are set forth at checkout and in the Subscription Agreement. You authorize us to charge your payment method for all applicable fees. You are responsible for any taxes associated with your subscription or add-on purchases. If a payment fails, we may retry the charge or suspend your Service until payment is resolved.
11. Refunds
Refund eligibility is governed by the Refund Policy, which is incorporated into these Terms by reference.
12. Disclaimers
The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied. To the fullest extent permitted by law, Insentify disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses. We do not warrant that any specific card will arrive by any specific date; while we use reasonable efforts to deliver on time, delivery depends on third-party carriers and is subject to factors outside our control (including postal delays, incorrect addresses provided by you, and force majeure events).
13. Limitation of Liability
To the fullest extent permitted by law, Insentify and its officers, directors, employees, agents, affiliates, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, business interruption, or emotional distress, arising out of or related to your use of the Service, whether based on contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.
Our total aggregate liability to you for any claim arising out of or relating to the Service or these Terms is limited to the greater of (a) the total amount you paid us for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. The above limitations apply only to the fullest extent permitted by applicable law.
14. Indemnification
You agree to indemnify, defend, and hold harmless Insentify and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third party's rights (including privacy, publicity, or intellectual property rights); or (e) any content you provide about any recipient.
15. Termination
You may terminate your account at any time by following the cancellation process described in the Subscription Agreement.
We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms. Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination will survive, including Sections 7, 8, 12, 13, 14, 16, and 17.
16. Governing Law and Dispute Resolution
16.1 Governing Law
These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.
16.2 Informal Resolution
Before filing any formal dispute, you agree to attempt to resolve the dispute informally by contacting us at hello@insentify.com. We will attempt to resolve the dispute within thirty (30) days.
16.3 Binding Arbitration
If we cannot resolve a dispute informally, you and Insentify agree to resolve any dispute arising out of or relating to these Terms or the Service through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will take place in New York County, New York, or by video conference at the arbitrator's discretion. The arbitrator's decision will be final and enforceable in any court of competent jurisdiction.
16.4 Class Action Waiver
You and Insentify agree that any dispute will be resolved on an individual basis only. You waive any right to bring or participate in a class, collective, or representative action against Insentify. This waiver is an essential part of the arbitration agreement, and if it is held unenforceable, the entire arbitration agreement will be unenforceable.
16.5 Exceptions
Notwithstanding the above, either party may bring a claim in small claims court for any dispute within the court's jurisdiction, or seek injunctive relief in court for intellectual property infringement or breach of confidentiality.
16.6 Opt-Out
You may opt out of the arbitration agreement in Section 16.3 and the class action waiver in Section 16.4 by sending written notice to hello@insentify.com within thirty (30) days of first accepting these Terms. The notice must include your name, email address, and a clear statement that you are opting out.
17. General Provisions
17.1 Entire Agreement
These Terms, together with the Privacy Policy, Refund Policy, and Subscription Agreement, constitute the entire agreement between you and Insentify regarding the Service and supersede all prior agreements.
17.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
17.3 Waiver
Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.
17.4 Assignment
You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.
17.5 Changes to the Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on the Service. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance.
17.6 Contact
Questions about these Terms? Email hello@insentify.com.