Paperless Post Terms of Service
Last updated: May 15, 2026
Table of Contents
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Free and Paid For Paperless Post Cards and Flyers
- Sending and Distributing
- RSVP and Management Tools
- Premium Cards and Flyers
- Payment with Paperless Post Coins
- Coin Refunds, Escheat and Expiration
- Paperless Pro
- Payment of Paperless Pro Subscription Fees
- Subscription Refunds, Downgrades and Cancellations
- Purchases on the Website
- Payment Processing on the Website
- Payment Processing on the Apps
Opening
IF YOU ARE ENTERING INTO THESE TERMS (AS DEFINED BELOW) AS AN INDIVIDUAL: READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES, WITH LIMITED EXCEPTION (INCLUDING IF YOU ARE BASED IN THE EU/UK), THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND FURTHER, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS USERS IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. THIS AGREEMENT TO ARBITRATE DOES NOT APPLY TO USERS RESIDING IN THE EU/UK.
Welcome to Paperless Post. The services are provided to you by Paperless Inc., a U.S. company and its subsidiary (“Paperless Post” “we”, “us”, “ours”), and available (i) at our website www.paperlesspost.com (including mobile site and Paperless Post Blog) (“Website”), and (ii) on our mobile applications on the Apple App Store and Google Play (“Apps”) available to download on mobile and tablet devices (collectively, the Website, Apps and all features, tools and services made available therethrough, the “Service”), subject to the following terms of service (“Terms”), which may be updated by us from time to time without prior notice to you. You should periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. The Paperless Post Privacy Policy, located at https://www.paperlesspost.com/privacy-policy, is incorporated by reference into these Terms. In addition, when using certain services and/or features, you shall be subject to any additional terms applicable to such services that may be available on the Service from time to time. If you are entering into these Terms on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms “you” or “your” shall refer to such entity (other than the references in this sentence and the following sentence). If you do not have such authority, you must not accept these Terms and may not use the Service on behalf of such entity.
BY VISITING THE SERVICE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SERVICE OR ANY OTHER PAPERLESS POST SERVICES.
The Service
Description of Service
Paperless Post is an online platform to create, send, distribute and receive custom digital invitations and stationery (collectively “invitations”, “greetings”, “Cards”, and “Flyers”) and provide event management tools and services to help people gather more easily and meaningfully in real life and virtually. The Services provide hosts with online tools to design, and distribute invitations with features to facilitate and manage events (“Host”, "Co-Host" or “Sender”), and provide guests with ability to communicate their response and utilize services to participate in the event (“Guest” or “Receiver”). Click here for for more information on adding Co-Hosts(s). Hosts that are using Paperless Post for business purposes or larger complex events, can choose Paperless Pro on the home page and elsewhere, to access Cards and Flyers, with customization and management tools features appropriate for those events. Certain tools, such as the “Magic Art” sticker-generation tool, leverage generative artificial intelligence technology (“AI Technology”), which may assist Users (as defined below) in generating text, images and/or other content (“Output”) based on prompts, text and other content provided by such Users (“Input”). All Hosts, Guests and browsers who access or interact with the Service are considered “Users” hereunder. Paperless Post is committed to ensuring that the Service is accessible to all Users. Click here for more information.
Our Service may link to Paperless Post Party Shop, our e-commerce website located at https://partyshop.paperlesspost.com (“Party Shop Site”). There you may order and we will deliver, party products related to the theme of your invitation sent, including party supplies, decorations, and gifts. Paperless Post Party Shop is hosted on Shopify and has its own terms of service here.
Our Service may also integrate or otherwise link to products and services offered by third parties, including a web-to-print product vendor, gift registries and other products and services to facilitate and manage events. Such third party products and services may be subject to the additional and/or alternate terms and conditions and privacy policies of the third party providers.
Age
Paperless Post takes a child’s privacy very seriously. Our Service is not designed or intended to be used by children. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are between 13 and 18 years of age, you may use the Service, with or without registering, only with the approval of your parent or guardian.
Your registration obligations
You must register with Paperless Post in order to access certain functions and features of the Service, and maintain a personal or business, as applicable, account on the Service. Only a registered Host may add Guests and send their invitations through the Service or create a link to distribute invitations off the Service using a third party service (including Host’s personal or business Text (defined below) email or messaging apps), and track, collect responses, send follow-up messages and manage an event on the Service tracking page (“Manage Page”). Only a registered Host or Guest may login to the Service and access their personal account history of events sent or received (for both past and upcoming events), upload and store address book contacts, upload content/photos, send messages through the Service, and manage real-time email and push notifications in the Website and Apps. Any Guest can RSVP to an invitation, leave public comments or upload a photo on the event page (“Event Page”), and send private messages to the Host through the Service, without becoming a registered User. If you choose to register for the Service, you agree to provide and maintain current and accurate information about yourself as prompted by the Service’s registration form. Once registered, you are a User with a password to access your personal account on the Service, and fully use the features thereof.
We may offer you the ability to register and/or log in to our Service using Facebook, Google, Apple or third-party services. These third-party services are detailed further in our Privacy Policy, located at https://www.paperlesspost.com/privacy-policy. Paperless Post does not control, is not responsible for, does not endorse, and fully disclaims any and all liability associated with your use of such third-party services. You represent and warrant that you will comply with all terms and conditions associated with such third-party services, and agree to defend and hold the Paperless Post Entities (as defined below) harmless from any claim or demand, including reasonable attorneys’ fees, arising out of or relating to any such third-party services.
Registered User account, password and security
Registered Users are responsible for maintaining the confidentiality and security of their login credentials and account information, and are fully responsible for any and all activities that occur under their password or account. Users agree to (a) immediately notify Paperless Post of any suspected or actual unauthorized use of a password or account or any other breach of security, and (b) exit from their account at the end of each session accessing the Service. Paperless Post will not be liable for any loss or damage arising from a User’s failure to comply with this term.
Modifications to Service
Paperless Post reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part or feature thereof) with or without notice. Without limiting the generality of the forgoing, Paperless Post may change its pricing at any time or add new fees and charges from time to time, but will provide notice to you of these changes via information on the Service. You agree that Paperless Post shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General practices regarding use and storage
You acknowledge that Paperless Post may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service on Paperless Post’s servers on your behalf. You agree that Paperless Post has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that Paperless Post reserves the right to terminate non-subscription accounts that are inactive for at least 60 months; your failure to timely respond to Paperless Post’s outreach to reactivate your account, and to notify you of potential account termination, will signify/be deemed your agreement to account termination. You further acknowledge that Paperless Post reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Conditions of Use
User conduct
You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”), whether or not digitally created through AI or otherwise, that you upload, post, publish or display (hereinafter, “post”) or email or send via Text message (defined below) or otherwise transmit or use via the Service, including all Input and any Output that is generated through the Service and provided to you (collectively, “User Content”). Without limiting the generality of the foregoing, you expressly agree to not use the Service, including any AI Technology made available in connection therewith or any Output, to:
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post, generate, email or otherwise transmit any content that:
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is unlawful, harmful, threatening, abusive, or harassing, tortious;
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is defamatory, libelous or invasive of another’s privacy;
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is fraudulent;
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is discriminatory, hateful, violent or attacks anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities or other protected characteristic;
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is inflammatory, vulgar, obscene, degrading, indecent, sexually explicit, pornographic or otherwise objectionable;
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you do not have a right or prior express consent to transmit under any law or under contractual or fiduciary relationships;
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infringes any intellectual property or other proprietary rights of Paperless Post or any other party or violates any other rights of third parties, including rights of publicity or privacy;
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constitutes unsolicited/unauthorized advertising or commercial content, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to receive such advertising or materials or be included in such a process (commercial or otherwise);
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contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
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in the sole judgment of Paperless Post, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Paperless Post or its users to any harm or liability of any type;
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“stalk”, harass or otherwise violate the legal rights of others;
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commit, promote or encourage human trafficking, child pornography, sexual violence, bullying or extreme gore,
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harm, endanger or exploit minors in any way;
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intentionally mislead or deceive others, including through promoting disinformation, impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity, including by providing false or fictitious email addresses, telephone numbers or other personal contact information (whether such information for you or any other person);
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forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
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download any file that you know, or reasonably should know, cannot legally be distributed in such manner;
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advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
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interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
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violate any terms which may be applicable for any particular area of the Service; or intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
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violate any laws, rules or regulations or otherwise damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service; or
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obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Special notice for International Users
Recognizing the global nature of the Internet, you agree to comply with all applicable laws, rules and regulations regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
The Service is subject to United States export controls and economic sanctions laws. In accepting these Terms you represent and warrant that: (a) you are not located in, and you are not a national or resident of, any country or region to which the US, UN, and EU/UK, has embargoed goods and/or services of the same type as the Services, including without limitation, Cuba, Iran, North Korea, Sudan or Syria, and the Crimea region of the Ukraine; and (b) that you and any entity you are acting on behalf of are not named on nor owned or controlled by, any government denied-party list including the applicable US, and UN lists.
No resale of Service
Unless otherwise specified, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, use or transmit any portion of the Service, except as permitted in these Terms and on the Service. For the avoidance of doubt, you are not permitted to resale the Service. If you are entering into these Terms as an individual, the Service is only for your personal, non-commercial use. If you are entering into these Terms on behalf of an entity, the Service is only for your lawful business purposes and as expressly contemplated at paperlesspost.com/pro. In no event may you use the Service for purposes competitive to Paperless Post.
Intellectual Property Rights
Service content, software and trademarks
You acknowledge and agree that the Service may contain content ("Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Paperless Post, you agree not to modify, alter, copy, translate, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. Provided that you are eligible for use of the Service, you are granted a limited license to access and use the Service and the Service Content and to download or print a copy of any portion of the Service Content to which you have properly gained access provided that you keep all copyright or other proprietary notices intact. Such license is subject to these Terms and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods, and you agree not to engage in any other automated use of the Service, including using scripts to send comments or messages. Any use of the Service or the Service Content other than as specifically authorized herein, without the prior written permission of Paperless Post, is strictly prohibited and will terminate the license granted herein. The technology and software underlying the Service is the property of the Paperless Post Entities (the “Software”), and is deemed part of the “Service” herein. Except to the extent permitted by the law notwithstanding any contractual prohibition, you agree not to alter, copy, modify, translate, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. You will not (a) seek to acquire any ownership interest in or to the Service, (b) license, offer, sell, transfer, time-share, or lease the Service, or attempt to do any of the foregoing, (c) access or use the Service, or any component thereof including any AI Technology, in order to develop or build a product similar to or competitive with the Service or such component, (d) circumvent or modify any security technologies designed to prevent unauthorized access or copying of any Service Content, or (e) systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database or directory. Any rights not expressly granted herein are reserved.
The “Paperless Post” name and logo are trademarks and service marks of Paperless Post (collectively the “Paperless Post Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Paperless Post. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Paperless Post Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Paperless Post Trademarks will inure to our exclusive benefit.
Third party material
To the fullest extent permitted by law, Paperless Post will not be liable in any way for any content posted or generated by third parties or at the direction of Users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, generated, emailed or otherwise transmitted via the Service. You acknowledge that Paperless Post does not pre-screen content, but that Paperless Post and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Paperless Post and its designees shall have the right to remove any content that violates the Terms or is deemed by Paperless Post, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content
You are solely responsible for the User Content, including any trademarks contained therein. You will not post any User Content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting or generating any User Content, you hereby grant the Paperless Post Entities a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your User Content in connection with the operation and provision of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. You represent and warrant that you have all rights, consents, licenses, and/or permissions necessary to grant the foregoing license and to otherwise provide User Content to the Paperless Post Entities as set forth herein. Except as otherwise required by law, Paperless Post and its designees may, but have no obligation to, remove, edit, block, and/or monitor User Content at any time for any reason, including activity which, in its sole judgment: violates the Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive, illegal, or otherwise objectionable; or violates the rights of, or harms or threatens the safety of Users of the Service.
You acknowledge and agree that Paperless Post may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce the Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Paperless Post, its Users and the public. You understand that the technical processing and transmission of the Service, including User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge and agree that upon a request from a Guest, you will remove that Guest’s name from a public guest list on the Event Page, or Customer Support will remove it, if the Guest emails help@paperlesspost.com.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Paperless Post are non-confidential and Paperless Post shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that, due to the nature of AI Technology, Output may not be unique across Users, and the AI Technology may generate different, the same or similar Output for other Users. Without limiting the general disclaimers below, the AI Technology is not error-free, may not work as expected and may generate incorrect Output. Paperless Post does not represent or warrant that any Output will be original, will not infringe rights of any third party or otherwise entitle any User to any intellectual property rights in any Output. Your use of AI Technology is at your own risk.
IP infringement and illegal content complaints
Paperless Post respects the intellectual property of others and does not tolerate illegal content posted or generated on or through the Service, and we ask our users to do the same. Paperless Post will promptly process and investigate notices of alleged infringement and other illegal content, and will take appropriate actions under the US Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement, and under the EU Digital Services Act (“DSA”) with respect to any illegal content.
If you believe that any content posted, generated or otherwise transmitted on or through the Service is illegal, and/or if you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us with the following information:
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if you are claiming any content infringes copyright or other intellectual property rights, an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
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a description of the alleged illegal content, or copyrighted work or other intellectual property that you claim has been infringed;
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a description of where the content that you claim is illegal or infringing is located on the Service, with enough detail that we may find it on the Service;
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your address, telephone number, and email address;
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a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
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a statement by you, (made under penalty of perjury for any notices made under the DMCA) that you have a bone fide belief that the above information and allegations in your notice are accurate and complete, and, if you are claiming infringement of copyright of other intellectual property rights, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You can submit your complaint notice by completing and submitting this form to Paperless Post.
Paperless Post’s Agent for notice of claims of copyright or other intellectual property infringement, and for notice of alleged illegal content can be reached as follows:
Paperless Post Agent
115 Broadway
New York, NY 10006
agent@paperlesspost.com
877-605-8644 phone
Repeat infringer policy
In accordance with the DMCA, DSA and other applicable law, Paperless Post has adopted a policy of terminating, in appropriate circumstances and at Paperless Post’s sole discretion, Users who are deemed to be repeat infringers. Paperless Post may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Hyperlinks to Third Party Websites
The Service, our Users, or third parties may provide, links or otherwise direct users to other sites, services and resources on the Internet or otherwise. Paperless Post has no control over such sites and resources and Paperless Post is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that Paperless Post shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such hyperlinked site, service or resource.
You may choose to add a link to a third party website for a gift registry, such as Amazon and as an Amazon Associate, or under other affiliate agreements, Paperless Post will earn an affiliate commission on qualifying purchases from that link.
Paperless Post may choose to add a link to a product on a third party website in its Party Shop Site, email marketing or its Blog, and earn an affiliate commission on qualifying purchases from that link. Paperless Post will provide notice of the commission, along with the link.
Events, Interactions and Telephonic Communications
Your interactions with any organizations and/or individuals found on or through the Service, including promotion and/or attendance at any event, emails, SMS, MMS or other form of text message (“Texts”) and other communications, payment and delivery of goods or services, posting of content, and any other terms, conditions, warranties or representations associated with such interactions, are solely between you and that organizations and/or individuals. By choosing to communicate with Guests by Texts, and providing phone numbers, you represent and warrant that you have the Guests’ prior express consent, permission or invitation, to communicate with those telephone numbers by Texts, including by sending such communications through the Services, and that you have taken all necessary steps to comply with applicable national, supranational, federal and state laws before sending any Texts promoting the sale, investment, purchase or rental of any goods, services or property, including the Telephone Consumer Protection Act and state law equivalents. Additionally, you should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction or communication with any of these third parties or attending any event sent through the Service or publicly distributed on the web or otherwise distributed. You agree that Paperless Post shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such interactions or attendance at any such event.
We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by mobile carriers and compatibility of the relevant mobile device.
Text Messaging Terms for Guests
Guests may receive transactional Text messages from Hosts, including event invitations and follow-up communications, and greetings, Cards and Flyers. Guests may request Text event reminders. Message and data rates may apply. Message frequency is determined by Hosts and may vary. You can opt out of Text messages by replying “STOP” at any time. After opting out, we will send you a Text to confirm you have unsubscribed, and going forward, we will not permit Hosts to send any Text messages to you through our Services. You may also respond to a Text message with “HELP” to contact our Customer Support.
Free and Paid For Paperless Post Cards and Flyers
Sending and Distributing
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Via Paperless Post Service: Cards and Flyers, that are not Premium Cards or Flyers (as defined below), are free to customize and send to email addresses or as Texts through the Paperless Post Service, up to a specified number of emails or phone numbers (“Free Cards and Flyers”). All Cards and Flyers sent beyond the free limit must be paid for (“Paid For Cards and Flyers”). Click here for more information on sending limits for Free and here for Paid For Cards and Flyers.
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Via your distribution of a Shareable Link: You can distribute your Card or Flyer off the Service via a link generated and available on the Manage Page, using your personal or business Text, email, messaging on social media apps, or other platforms you prefer, and collect RSVPs on the Paperless Post Service (“Shareable Link”). Click here for more information on Shareable Link and here for pricing.
RSVP and Management Tools
Cards and Flyers, whether free or paid for, that you send through the Paperless Post Service, include free tracking of whether a guest opened or RSVP’d, when applicable, and other guest list communication and management tools on the Host’s Manage Page. If you chose to distribute a Shareable Link you cannot track guests who have opened the Card or Flyer and not responded. Once the guest has RSVP’d you can use the guest list communication and management tools.
Premium Cards and Flyers
Some Card and Flyer designs are designated as premium by default, and/or during customization you may choose to add a designated premium design feature(s) to the Card or Flyer that you must pay for prior to sending (“Premium Cards and Flyers”), whether sent through the Paperless Post Service or distributed as a Shareable Link. Click here for more information on Premium Cards and Flyers pricing.
You pay for Cards and Flyers using Paperless Post Coins, purchased on the Service (defined below). You will see the number of Coins required to send each Card, or Flyer while you are customizing the Card or Flyer (”Coin Calculator“). Click here for more information on Coin Calculator.
In addition, when sending any Card or Flyer invitation, you may choose to purchase for that event, additional customizations and guest management tools, bundled for a fixed number of Coins (”Plus“ or ”P+“). Click here for more information on Plus.
Click here for more information on Free and Premium Cards and Flyers.
Payment with Paperless Post Coins
All payments are made using Paperless Post coins, the virtual token purchased and redeemed exclusively on the Service (“Paperless Post Coins” or “Coins”). You purchase Coins in packages (“Purchased Coins”), or are granted Coins for free when you register on the Service or for other actions, at Paperless Post’s discretion (“Free Coins”). All Coins are saved in your account, and automatically debited upon:
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Sending per email and telephone number for Paid For and Premium Cards and Flyers;
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Adding Plus per event and
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Using Shareable Link for distribution of Premium Cards and Flyers.
Coin Refunds, Escheat and Expiration
Purchases of Paperless Post Coins are not refundable, whether or not used, and are not transferable. Unused Purchased Coins may be subject to applicable U.S. state escheat law. Unused Free Coins expire one year after being granted to you by Paperless Post. If you are a User and contact us to exercise your rights to terminate your account and delete your personal data, the Coins remaining in your account will no longer be redeemable.
Paperless Pro
Paperless Pro is an annual subscription offering that allows you to send Cards and Flyers for a wide variety of professional or organizational events, without counting Coins. The subscription fee provides transparent pricing for unlimited access to all Premium Cards and Flyers, add-on customizations and event management tools, up to a specified number of Cards and Flyers sent. The Paperless Pro subscription is for professionals who manage and host frequent events and want to send customized, on-brand invitations and greetings to guests, however, it is available for any frequent host. You can choose from several different annual subscription levels based on the number of Cards and Flyers you expect to either send through the Paperless Post Service or distribute with a Shareable Link, through a channel of your choice. The more events you host, the less you pay per guest.
Click here for more information on Paperless Pro and here for subscription pricing. Please send any further subscription questions to help@paperlesspost.com.
Payment of Paperless Pro Subscription Fees
You agree to pay Paperless Post the amount that is specified in the subscription plan you choose, in accordance with the terms of such plan and these Terms. If your subscription plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Paperless Post to charge your credit card in advance on such periodic basis in accordance with the terms of the applicable subscription plan until you terminate your account, and you further agree to pay any charges so incurred. If your account has unredeemed Purchased Coins in it at the time you register for a Paperless Pro subscription plan, Paperless Post will apply a discount or other credit equal to the value of the Purchased Coins against the applicable subscription plan charge; if a discount or credit exceeds the subscription plan charge, the balance may be carried forward to be applied to a subsequent subscription period charge.
Each subscription period is one year in length, unless the terms of an available subscription plan stipulate a different plan period. Your failure to access, use or fully use the subscription will not result in extension of the subscription term; in other words, any invitations, greetings or other usage credits included in your Paperless Pro subscription plan must be used during the applicable subscription term and will not carry over or roll over to any future subscription period. Unused invitations, greetings, or usage credits will expire at the end of the applicable subscription term, and any remaining unused or non-accessed subscription rights are non-refundable.
If you dispute any charges, you must let Paperless Pro know within sixty (60) days after the date that Paperless Post charges you, or within such longer period of time as may be required under applicable law. We reserve the right to change Paperless Pro’s prices. If Paperless Post does change prices, Paperless Post will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Paperless Post’s option, at least thirty (30) days before the change is to take effect. Your continued use of Paperless Pro after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Paperless Pro service.
Subscription Refunds, Downgrades and Cancellations
Payments made by you hereunder are final and non-refundable, unless otherwise determined by Paperless Post. You may cancel the auto-renewal or downgrade your Paperless Pro subscription on renewal, or cancel your subscription online, by emailing us at: help@paperlesspost.com using the form cancellation email available at https://www.paperlesspost.com/subscription/update. To the extent you have purchased a Paperless Pro subscription you agree that Paperless Post may refer to your company’s name and trademarks in Paperless Post’s marketing materials and website; however, Paperless Post will not use your company’s name or trademarks in any other publicity (e.g., press releases, customer references and case studies) without your prior written consent (which may be by email).
Purchases on the Website
By making a purchase on the Website, you authorize Paperless Post’s designated payment processor (see below) to charge the credit card account you provide for the payment, for the amount specified at check-out. All payments must be made using a credit card. You represent and warrant to Paperless Post that such information is true and that you are authorized to use the credit card. You will promptly update your credit card account information in your Accounts Settings page of any changes including your credit card expiration date, that may occur. Payment values are in US dollars or other currency presented to you at check-out as determined by your IP address geolocation or the zip code or country code that you provide when submitting your payment information. You will receive an email receipt detailing your purchase, including any applicable taxes where Paperless Post is obligated to collect and remit taxes on your behalf to the authorities in geolocated country. Please email any questions about purchase receipt to help@paperlesspost.com.
You are responsible for all applicable charges, including any sales or use tax, duties, GST/HST, VAT, or other governmental taxes or fees payable in connection with your purchase, and Paperless Post reserves the right to collect such taxes or other fees from you at any time. Paperless Post reserves the right to terminate your account for any reason, including credit card processing issues. If you would like to delete a credit card from your account, please email your request to help@paperlesspost.com.
Payment Processing on the Website
PAPERLESS POST DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via credit card, we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Paperless Post assumes no liability or responsibility for any payments you make through the Service.
Payment Processing on the Apps
Any In-App Coin purchases you make in our Apps are transactions with either Apple or Google. For additional terms that apply to for those Coin purchases see “Additional Terms From Third Party Platform Providers”. No Paperless Pro subscriptions can be purchased In-App on Apple or Google.
Web-to-Print Stationery: A web-to-print product for some card designs is now offered through Paper Source, and is subject to Paper Source’s terms of service and privacy policy, as well as the disclaimers in the above section entitled “Hyperlinks to Third Party Websites”.
Release
By using the Service, to send an event invitation via email or Text sent through the Service, or distributed by you off-the-site through a third party service via a Shareable Link or otherwise, and/or attending any such event, you agree to release, discharge and hold harmless the Paperless Post Entities from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Service or any act or omission by any person, including without limitation, any dispute between you and any other person, any content posted on or generated through the Service, and your attendance at any event posted on, or promoted through, the Service or publicly distributed on the web. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
Indemnity
You agree to indemnify, defend and hold the Paperless Post Entities harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any event invitation sent via the Service or by Shareable Link, any User Content (including any claim that User Content infringes or violates any third party right, including intellectual property rights, rights to privacy or publicity rights), your use of the Service, your sending of Texts through the Service, your connection to the Service, your violation of the Terms or your violation of any rights of another.
Accessibility Statement
Paperless Post is committed to ensuring that the Service is accessible to all users. We are actively working to increase the accessibility and usability of the Service. To the extent that it is technologically feasible, we aim to conform to the best practices set forth in the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.1 (“WCAG 2.1”), Level AA. We have, and continue to, conform the user experience for Guests or Receivers of invitations, to WCAG 2.1, Level AA.
Users are welcome to use the Service with the aid of personal assistive technology. To the extent that any part of the Service is incompatible with a user’s assistive technology, we will provide the user with full and equal access to our Services through alternative options. For more information about these options, please contact us at accessibility@paperlesspost.com.
We welcome your feedback on the accessibility of the Service. If you encounter any accessibility barriers in using the Service, please contact us by email at accessibility@paperlesspost.com or by phone at (877) 605-8644.
EU/UK Users Warranty
If you are a User located in the UK or EU, when you pay to use any of the Services, we warrant that the Services will comply with the description provided to use at the point of purchase, and that the Services we provide will be provided with reasonable care and skill.
Disclaimers
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING SECTION, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PAPERLESS POST, ON BEHALF OF ITSELF AND ITS LICENSORS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER PAPERLESS POST NOR ITS LICENSORS MAKE ANY WARRANTY THAT (I) ANY EVENT OR THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS, INCLUDING OUTPUT, OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, COMPLETE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR (V) ANY ERRORS WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAPERLESS POST OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOURSELF OR YOUR CHILDREN OR WHEN POSTING PHOTOS OR VIDEOS OF YOURSELF OR YOUR CHILDREN. PAPERLESS POST DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND ON THE SERVICE AND, THEREFORE, PAPERLESS POST SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SERVICE AND ANY OTHER ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAPERLESS POST AND ITS AFFILIATED COMPANIES AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SERVICE PROVIDERS, LICENSORS AND AGENTS (COLLECTIVELY, THE “PAPERLESS POST ENTITIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PAPERLESS POST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE POSTING OF OR ATTENDANCE AT ANY EVENT, (II) THE USE OR INABILITY TO USE THE SERVICE; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL THE PAPERLESS POST ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF THE TOTAL FEES PAID BY YOU FOR THE SERVICE OR ONE HUNDRED DOLLARS ($100).
IN NO EVENT WILL PAPERLESS POST OR ANY OTHER PAPERLESS POST ENTITY BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS THAT IS CAUSED BY EVENTS OUTSIDE OUR REASONABLE CONTROL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE BASED IN THE UK OR EU, NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY TO YOU FOR: DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; FRAUD OR FRAUDULENT MISREPRESENTATION; OR ANY LIABILITY THAT MAY NOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “LIMITATION OF LIABILITY”, “DISCLAIMER OF WARRANTIES”, “INDEMNITY” AND “RELEASE” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS ARE HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
Dispute Resolution By Binding Arbitration
For Users Entering into these Terms as Individuals
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate: This section is referred to in this Terms of Service as the “Arbitration Agreement” and only applies to non EU/UK Users. You agree that any and all disputes or claims that have arisen or may arise between you and Paperless Post, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Service, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, and as permitted by law, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you or us from pursuing injunctive relief and/or bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Paperless Post are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement. You and Paperless Post agree that either of us may elect to proceed by arbitration, that the goal of proceeding in arbitration shall be to achieve effective, efficient, and less costly resolution between you and Paperless Post, and that this arbitration agreement shall be interpreted and applied to achieve that goal.
YOU HAVE A RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE. UNLESS YOU OPT OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AND PAPERLESS POST ARE WAIVING THE RIGHT TO HAVE OUR DISPUTE HEARD BEFORE A JUDGE OR OTHERWISE TO BE DECIDED BY A COURT, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO A SMALL CLAIMS COURT OR AS OTHERWISE STATED BELOW. YOU AND PAPERLESS POST ARE WAIVING ANY ABILITY TO ASSERT OR PARTICIPATE IN A CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING, WHETHER IN COURT OR IN ARBITRATION, AND TO HAVE ANY CLAIMS HEARD BY A JURY. ALL DISPUTES, EXCEPT AS STATED BELOW, MUST BE RESOLVED BY BINDING ARBITRATION WHEN EITHER YOU OR PAPERLESS POST REQUEST IT.
Prohibition of Class and Representative Actions and Non-Individualized Relief:
UNLESS YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE, YOU AND PAPERLESS POST ARE WAIVING THE RIGHT TO ASSERT OR PARTICIPATE IN A CLASS ACTION, OR ANY REPRESENTATIVE OR CONSOLIDATED PROCEEDING IN COURT OR IN ARBITRATION, AND ARE WAIVING THE RIGHT TO HAVE A JURY DECIDE ANY CLAIM, AS PERMITTED BY LAW. YOU AND PAPERLESS POST AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE, CONSOLIDATED ACTION OR PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ENTERTAIN ANY CLAIM AS A CLASS ACTION OR ON ANY OTHER SIMILAR REPRESENTATIVE BASIS, NOR SHALL THE ARBITRATOR HAVE ANY AUTHORITY TO CONSOLIDATE CLAIMS BROUGHT BY SEPARATE CLAIMANTS (EXCEPT FOR CLAIMANTS ON THE SAME ACCOUNT). THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INDIVIDUAL AND/OR PUBLIC INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), AS PERMITTED BY LAW.
FOR INDIVIDUAL CLAIMS FILED AS PART OF A “MASS ARBITRATION,” AS THAT TERM IS DEFINED HEREIN, THE ADDITIONAL REQUIREMENTS SET FORTH IN THE MASS ARBITRATION SECTION BELOW SHALL APPLY.
Opt-out of Arbitration Agreement: You have the right to opt out of this version of the agreement to arbitrate and it will not affect any other terms and conditions of the Agreement. If you choose to opt out, you will remain subject to the prior dispute resolution and arbitration terms available here for the duration of your current agreement with us. If you want to opt out, the exclusive way to do so is by emailing us at help@paperlesspost.com, within sixty (60) days of receipt of this agreement. Any other method, form, or means of opting out shall be treated as being invalid or ineffective. An election to opt out applies only to claims arising under this Arbitration Agreement. If you already have pending litigation or arbitration against/with us when you opt out, any request to opt out of this arbitration clause will not apply to that litigation or arbitration. The Arbitration Agreement will apply to any claims between you and Paperless Post for which we do not receive an opt out notice as described in this paragraph. If you validly opt out of this agreement to arbitrate, your decision to opt out will apply only to this Arbitration Agreement, and the prior arbitration provisions click here will remain in effect between you and Paperless Post.
Pre-Arbitration Dispute Resolution: Paperless Post is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing Customer Support at help@paperlesspost.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Paperless Post should be sent to Paperless Inc., Attn: Meg Hirschfeld, Esq., 115 Broadway, NY, NY 10006 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Paperless Post and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Paperless Post may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Paperless Post or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Paperless Post is entitled.
Arbitration Procedures: Unless you and Paperless Post agree in writing to proceed before another arbitral body and/or other arbitral rules, any arbitration between you and Paperless Post will be administered by the American Arbitration Association’s (“AAA”). The AAA shall apply its Consumer Arbitration Rules (“AAA Consumer Rules”) in effect at the time the arbitration is commenced, and the Mass Arbitration Supplementary Rules (“AAA Mass Arbitration Rules,” and together with AAA Consumer Rules, “AAA Rules”) to mass arbitration matters in effect at the time the arbitration is commenced. A single arbitrator shall conduct proceedings under the Consumer Arbitration Rules, and a Process Arbitrator and single Merits Arbitrator shall conduct each mass arbitration case.. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. In the event that AAA is unable to handle the Claim for any reason, then the matter shall be arbitrated instead by a neutral arbitrator selected by agreement of the parties (or, if the parties cannot agree, selected by a court in accordance with the FAA), pursuant to the AAA rules of procedure.
Authority of Arbitrator: The Parties agree that, upon motion by either of us, any arbitrator shall have the power to decide dispositive issues of law prior to a full merits hearing, consistent with Federal Rules of Civil Procedure 12 and 56, and will decide the claim in accordance with all applicable substantive law and recognized principles of equity. The arbitrator will determine whether the claimant has completed the steps necessary to initiate the suit. The arbitrator will construe the claim under the applicable statutes of limitations provided for under the governing law, or the two-year limitations period prescribed above . The arbitrator will honor all claims of privilege recognized by law. In addition, the arbitrator has the same power as a federal court to impose sanctions against any represented party or counsel for any violation of the standards of Federal Rule of Civil Procedure 11(b) or 28 U.S.C. § 1927.
The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement, except that questions of whether the parties have entered into an agreement to arbitrate are for a court of competent jurisdiction to decide. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Paperless Post and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA or the arbitrator. If your claim is for $10,000 or less, Paperless Post agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Arbitration Demand Filing Requirements: In addition to the requirements set forth in the AAA Rules, You agree that upon commencing a case with the AAA, You will provide Your name, mailing address, telephone number, email address, a factual description of every claim for which you seek compensation, explanation of the basis of your claim, an itemized calculation of all alleged damages, and, if represented by counsel, a signed statement authorizing Paperless Post to share Your information with them. You must personally sign the demand for arbitration (and Your counsel must also sign the demand, if You are represented by counsel). By submitting an arbitration demand, You (and Your counsel, if You are represented) represent that, as in court, You are complying with the requirements of Federal Rule of Civil Procedure 11(b). You agree and understand that failure to provide this information may result in dismissal of Your claim(s), though You have the right to refile once You provide the information described in this section.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Paperless Post will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Paperless Post will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Paperless Post will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
The arbitrator is authorized to afford any relief or impose any sanctions available under the substantive standards established by Federal Rule of Civil Procedure 11, 28 U.S.C. § 1927, or any applicable state law on represented parties and their counsel. If the arbitrator finds that either the substance of your or our claim or the relief sought was frivolous, without sufficient reasonable inquiry and/or a good faith basis, or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), and/or under 28 U.S.C. § 1927), the arbitrator may reallocate compensation, expenses, and administrative fees (which include filing and hearing fees) as justice requires, and as permitted by applicable law.
Mass Arbitration: You agree that these additional requirements (“Mass Arbitration Procedures”) shall apply to Your claim if it is filed as part of a “mass arbitration,” which means twenty-five (25) or more arbitration claims involving the same or similar subject matter and/or issues of law or fact, and where representation of all claimants is the same or coordinated across the cases. You understand and agree that these procedures related to mass arbitrations will apply and that they are designed to (a) lead to the streamlined and cost-effective resolution of claims, consistent with the goal of this arbitration agreement; (b) ensure that large volume filings do not impose unnecessary burdens or impediments to the resolution and cost-effective adjudication of your claim and similar claims; and (c) preserve the integrity of the arbitration process. You agree to these procedures even though they may delay the arbitration of Your individual claim. If at any point you are unsatisfied with the speed by which your matter is proceeding in mass arbitration, You are free to withdraw your arbitration demand and proceed in small claims court if the claim is in that court’s jurisdiction and proceeds on an individual basis.
Process Arbitrator Appointment
You and Paperless Post agree that before an arbitrator is assigned to determine the merit of your claim, a “Process Arbitrator” will be appointed. The Process Arbitrator will have the authority to ensure these Mass Arbitration Procedures and the AAA rules are followed. You and Paperless Post agree that the Process Arbitrator will be selected by the process set forth in AAA Mass Arbitration Rules or any equivalent AAA rule then in effect, or consistent with the process set forth herein in the absence of any AAA rule. In short, each of you and Paperless Post will receive a list of proposed Process Arbitrators provided by the AAA and will meet and confer to identify a mutually-agreeable candidate. If Paperless Post and the mass arbitration claimants cannot agree, they will submit their preferences to the AAA, and the AAA will select a Process Arbitrator.
Process Arbitrator Authority
In addition to the authority outlined in the AAA Mass Arbitration Rules, the parties agree that the Process Arbitrator shall be empowered to resolve any dispute regarding whether your claim should be dismissed because, for example, you failed to comply with the Mass Arbitration Filing Requirements, any other requirements outlined in the Arbitration Agreement, or as permitted to address dismissal as would be permitted under the Federal Rules of Civil Procedure, including Federal Rule of Civil Procedure 12. You agree that if the Process Arbitrator finds you failed to comply with any requirement, Your claim will be dismissed, without prejudice to refiling once the deficiencies are remedied. The Process Arbitrator will also have the power to decide whether, based on the information submitted in the Mass Arbitration Filing Requirements and/or pursuant to any alternative filing requirements then in effect, there are other threshold eligibility issues for your case to proceed, including but not limited to whether you cannot pursue the claim due to a clear legal or factual deficiency, and to dismiss your claim as appropriate. The Process Arbitrator shall have the power to determine whether or not a given dispute regarding these Mass Arbitration Filing Requirements and/or Procedures are within the Process Arbitrator’s jurisdiction. The Process Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11, 28 U.S.C. § 1927, or any applicable state law.
Mass Arbitration Procedure
Following the resolution of any disputes within the jurisdiction of the Process Arbitrator, if any, counsel for the claimants and counsel for Paperless Post shall each select fifteen (15) cases (per side) to proceed first in individual arbitration proceedings on the merits of each claim. Unless the parties otherwise agree, in no event shall any individual Merits Arbitrator be assigned more than five (5) cases. The parties agree that each side shall have the right to have fifteen (15) cases of their choosing proceed to final hearing, which shall occur within ninety (90) days of the selection of the cases (unless the parties agree to a different time period), before the process described in this section moves forward. After the first thirty (30) cases are resolved, counsel will meet and confer regarding ways to improve the efficiency of the proceedings, including whether to pursue settlement discussions or mediation or to change the number of cases filed in each stage. If the Parties are unable to resolve the remaining cases after the conclusion of the initial thirty (30) proceedings and conferring in good faith, each side shall select another fifteen (15) cases per side to proceed to individual arbitration proceedings, which shall occur within ninety (90) days of the selection of the cases (unless the Parties agree to a different time period). Unless the Parties agree otherwise, a single Merits Arbitrator may be assigned up to five (5) cases. After this second set of thirty (30) cases are resolved, counsel will again meet and confer regarding ways to improve the efficiency of the proceedings, including whether to pursue settlement discussions or mediation or change the number of cases filed in each stage. If the parties do not reach a global resolution after the second set of cases are resolved, on either party’s motion, the Process Arbitrator can decide to expedite the proceedings by forgoing more rounds of case selection and instead assigning Merits Arbitrators to all of the remaining cases at once. If no motion is made, this Mass Arbitration Procedure shall continue with thirty (30) cases in each set of proceedings, consistent with the parameters identified above. You and Paperless Post agree to engage in these Mass Arbitration Procedures in good faith, which includes an agreement to pay the parties’ respective case fee if your case is selected. Any dispute regarding any aspect of the specific Mass Arbitration Procedures outlined in this section shall be resolved by the Process Arbitrator.
Mass Arbitration Fees
No AAA per case fee shall be assessed in connection with any case until the case is selected to proceed to individual arbitration proceedings as part of the process identified in this section.
Interpretation and Enforcement of Mass Arbitration Procedure
Any dispute regarding the interpretation or enforcement of these Mass Arbitration Procedures shall be decided by the Process Arbitrator or, in cases that have been released to merits proceedings, the Merits Arbitrator. Their decisions regarding the Mass Arbitration Procedures shall be considered interlocutory in nature and not subject to immediate judicial review. If any terms of these Mass Arbitration Procedures are found to be legally unenforceable for any reason, then the proceedings shall otherwise continue in arbitration in accordance with AAA’s Mass Arbitration Rules, or any equivalent AAA rule then in effect.
Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability: Without limiting the severability provision in this section of the Terms of Service, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the Prohibition of Class and Representative Actions and Non-Individualized Relief section is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
Future Changes to Arbitration Agreement: Notwithstanding any provision in this Terms of Service to the contrary, Paperless Post agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Paperless Post written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
NO CLASS ACTIONS. TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST COMPANY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Dispute Resolution for UK/EU Users
For Users Entering into these Terms as Individuals
If you are a consumer in the UK or the EU, these Terms shall be governed by the applicable law of the country in which you live and any dispute between you and us regarding these Terms will be dealt with by the courts in the country in which you live.
The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.
Suspension, Termination and Account Deletion
We will maintain and continue to provide access to your personal account, and archived history of events sent or received, until you request termination and deletion, or as long as reasonably necessary for the purposes described in the Privacy Policy, whichever is the longer.
At anytime, you can login to your Account Settings, and request any privacy right including account deletion, or contact privacy@paperlesspost.com if you do not have a registered account. You can also delete any Apps downloaded on your mobile devices. Click here for how to delete your account.
You agree that Paperless Post, in its sole discretion, may suspend or terminate your account (or any part thereof) and/or access to or use of the Service, and block you from future access to and use of the Service, or take any other action such as removing, restricting, limiting access to, or distribution of, User Content, if Paperless Post believes that you have violated or acted inconsistently with the letter or spirit of the Terms, or if we otherwise have reasonable grounds for doing so (including if we believe your account is being used by anyone else, if you are mis-using the Service or if you make unfounded claims for refunds or credits). You acknowledge that Paperless Post reserves the right to terminate non-subscription accounts that are inactive for at least 60 months; your failure to timely respond to Paperless Post’s outreach to reactivate your account, and to notify you of potential account termination, will signify/be deemed your agreement to account termination. Any suspected fraudulent, abusive or illegal activity or content may be referred to appropriate law enforcement authorities. Where required by applicable law, we will advise you if we restrict or remove any of your User Content or suspend or terminate your access to the Service, and will provide you with a statement of reasons as to why we have taken such action.
Paperless Post may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Paperless Post may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Paperless Post shall not be liable to you or any third-party for any termination of your access to the Service.
Upon termination of your access to the Service, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Service.
Dispute Resolution By Binding Arbitration – For Users Entering into these Terms on behalf of an Entity
You and Paperless Post intend that these Terms are to be construed and enforced in accordance with the laws of the State of New York without regard to any conflict-of-law or choice-of-law rules, and that the rule of construction that provides that a document is construed against the maker thereof be inapplicable in the construction of any of the terms of these Terms. Any dispute, claim, or controversy arising out of or relating in any way to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined through confidential binding arbitration in New York, New York before one arbitrator. The confidential binding arbitration shall be administered by AAA pursuant to its Commercial Arbitration Rules, and you and Paperless Post shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing. Judgment on the award may be entered in any court having jurisdiction.
General
The Terms constitute the entire agreement between you and Paperless Post and govern your use of the Service, superseding any prior agreements between you and Paperless Post with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, and you represent and warrant that you will comply with all such additional terms and conditions. Except as provided in the Terms, the Terms shall be governed by the laws of the State of New York without regard to its conflict of law provisions. If you are entering into these Terms as an individual and are a U.S. resident, then, except as provided for in the Dispute Resolution By Binding Arbitration – For Users Entering into these Terms on behalf of an Individual section above, You and Paperless Post agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. TO THE EXTENT THE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION – FOR USERS ENTERING INTO THESE TERMS ON BEHALF OF AN INDIVIDUAL ABOVE IS INAPPLICABLE TO A CLAIM OR ACTION, AND WITHOUT PREJUDICE TO SECTION, EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT; IF YOU ARE ENTERING INTO THESE TERMS AS AN INDIVIDUAL, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION; AND EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS. The failure of Paperless Post to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. If you are the U.S. resident, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to the Terms or other matters by displaying notices or links to notices generally on the Service.
Additional Terms From Third Party Platform Providers
We may offer our Apps through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain any such App through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.
Apple-Enabled Software Applications: With respect to Apps made available through Apple Inc. (“Apple”, and such Apps, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:
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Paperless Post and you acknowledge that these Terms are concluded between Paperless Post and you only, and not with Apple, and that as between Paperless Post and Apple, Paperless Post, not Apple, is solely responsible for the Apple- Enabled Software and the content thereof.
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You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the usage rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions (the “Apple App Store Terms of Service”).
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Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product, as applicable, that you own or control, as permitted by the usage rules set forth in the Apple App Store Terms of Service, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
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Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
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Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Paperless Post’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
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Paperless Post and you acknowledge that Paperless Post, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
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In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Paperless Post and Apple, Paperless Post, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
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You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
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If you have any questions, complaints or claims with respect to the Apple- Enabled Software, they should be directed to Paperless Post at the contact information listed in these Terms.
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You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.
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Paperless Post and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to any Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Google-Sourced Software Applications: The following applies to any App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms are between you and Paperless Post only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Paperless Post, and not Google, is solely responsible for Paperless Post’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Paperless Post’s Google-Sourced Software.
Your Privacy
User privacy: At Paperless Post we respect the privacy of our Users. For details please see our Privacy Policy, located at https://www.paperlesspost.com/privacy-policy.
Business Users: If you are entering into these Terms on behalf of a company, business or other legal entity, you acknowledge and agree that you are responsible for providing any notices and obtaining any consents necessary to permit us to process personal information relating to Guests and Hosts on your behalf. Where applicable, you acknowledge that the business is the “controller” or “business” pursuant to privacy and data protection laws, and Paperless Post is a “processor” or “service provider” for the personal information we process on behalf of your business.
Contact Us: Questions? Concerns? Suggestions?
Please contact us to report any violations of the Terms or to pose any questions regarding these Terms or the Service.
Paperless Inc.
115 Broadway
New York, NY 10006
USA
Paperless Post Customer Support
877-605-8644
help@paperlesspost.com