Terms & Conditions

TERMS OF SERVICE 


LAST UPDATED: November [29th], 2023


  1. Introduction

These terms of service, as amended from time to time, including any and all policies and additional terms linked to or referencing these terms of service (collectively, the “Agreement” or “Terms of Service”)  are a legal agreement between Forever Card Holdings, Inc., its affiliates and any of its or their respective successors or assigns (collectively, “ForeverCard,” “our,” “we” or “us”) and you regarding your use of ForeverCard’s website(s), web application(s), mobile application(s) and Products (as defined herein), and successors thereof, as applicable, and any and all other product(s), web properties, functionalities and services created or controlled by ForeverCard (collectively, the “Services”).  The Services are offered to you by ForeverCard and its development and technology partners, suppliers, service providers, licensors and licensees (collectively, “Third Party Providers”) who may assist in the development, integration, hosting, operation, distribution, marketing, publication or exploitation of the Services.   


Your access to and use of the Services constitutes your acceptance, without modification, of this Agreement and also our Privacy Policy found here [LINK], which provides information relating to how we collect, use, and disclose your personal information, and how you can manage your online privacy when you use the Services.  In addition, we require your express acceptance to this Agreement and the Privacy Policy, the terms of which are incorporated herein by reference, when you register to access and use the Services.  If you do not agree to be bound by this Agreement or the Privacy Policy, then you are not permitted to register for access or use of the Services and are not to use or access the Services.


These Terms of Service apply whether you are a User that registers an account with the Services or an unregistered user. You agree that by clicking “Sign Up” or otherwise completing any purchase process, registering, downloading, accessing, or using the Services, you are entering into a legally binding agreement between you and ForeverCard regarding your use of the Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Services. 


BY DOWNLOADING, INSTALLING, ACCESSING OR OTHERWISE USING THE SERVICES, COMPLETING ANY REGISTRATION OR PURCHASE PROCESS,  YOU REPRESENT THAT YOU ARE AT LEAST THE LEGALLY REQUIRED AGE IN THE JURISDICTION IN WHICH YOU RESIDE (18 YEARS OF AGE OR OLDER FOR UNITED STATES BASED USERS) AND ARE OTHERWISE CAPABLE OF ENTERING INTO BINDING CONTRACTS, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE SERVICES FOR ANY REASON (WHETHER BY LAW, UNDER CONTRACT, IN EQUITY, OR OTHERWISE). IF YOU ARE UNDER 18 AND AT LEAST 13 YEARS OF AGE, YOU ARE ONLY PERMITTED TO ACCESS OR USE THE SERVICES THROUGH A CUSTOMER ACCOUNT OWNED BY A PARENT OR LEGAL GUARDIAN UNDER THEIR SUPERVISION AND WITH THEIR APPROPRIATE PERMISSION TO BE BOUND BY THIS AGREEMENT. IF YOU ARE UNDER 13 YOU ARE NOT PERMITTED TO USE THE SERVICES.


THESE TERMS OF SERVICE REQUIRE THE USE OF FINAL AND BINDING ARBITRATION (SEE SECTION 16 BELOW) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION. BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS AND YOU ACCEPT ALL OF ITS TERMS.


We may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms, as revised. You agree that the form and nature of the Services may change without prior notice to you and that future versions of the Services may be incompatible with content and media created on previous versions of the Services. You further agree that ForeverCard may stop (permanently or temporarily) providing all or any portion of the Services (or any features thereof) to you or to users generally at ForeverCard’s sole discretion, without prior notice to you.


When opening an account with us on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein; and (ii) agree to these Terms of Service on behalf of such Subscribing Organization.


You agree that ForeverCard is not obligated to provide any maintenance, technical or other support for the Services. However, if you have any questions, please contact us at info@forevercard.io.


  1. Services Overview

ForeverCard’s Services offers features that allow you to, among other things: 


  • Purchase and receive certain physical and/or digital (closed or open loop) gift cards, invitations, cards, and greetings as well as other digital products and services (collectively, “Products”);
  • Create and send free or paid physical or digital Products to your friends, family and business contacts; and
  • Receive and respond to physical or digital Products.

Gift Cards – any gift cards that are purchased through the Services are issued by a Third Party Provider. Any unused gift card balances are not redeemable for cash and cannot be returned for a cash refund (except as required by law), exchanged, resold, or used to purchase gift cards. Unused balances are not transferable. ForeverCard is not responsible if a gift card is lost, stolen, destroyed or used without your permission. Risk of loss and title for a gift card pass to the purchaser upon the electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable.


  1. Fraud and Abuse; Media Limitations

We reserve the right to review, postpone, or cancel the purchase or redemption of any Products on our Services in our sole discretion. If we receive a claim or otherwise suspect that a Product purchased or redeemed through the Services was fraudulently purchased or redeemed or otherwise unauthorized, we reserve the right to immediately cancel the Product and recover any costs associated with the fraud. You give us express authorization to share information about you, your User Account, your purchase/redemption, and any of your activity with law enforcement authorities as needed to investigate any claim of fraud. If your User Account is determined to be fraudulent, we may suspend your User Account immediately and all pending Products or other transactions that have not yet been redeemed may be suspended. Any remaining Products that have not been used in resolving the fraudulent transaction will be returned to the purchaser’s registered payment card or merchant as applicable. 


Our Services are not meant to be used solely for media storage purposes. We cannot guarantee the availability of media storage, or of the quality or resolution of any media saved on the Services. Additionally, we may reduce the size or resolution of any media you submit on the Services in order to make them compatible with our systems and processes. We may, in our sole discretion, publish information about our practices with regard to media storage, including without limitation restrictions, limitations, and other terms and conditions as may be applicable. We may amend, change, or update these at any time without prior notice by posting and/or publishing such amendment, change, or update.


  1. Account Registration

Certain content, Products and Services that we may offer or that you may wish to access may require that you first register with us and create an account (“User Account”). To establish a User Account, you may be required to provide ForeverCard with certain personal information, including without limitation, your first and last name, e-mail address, mailing address, date of birth and phone number, as well as payment processing account information. You agree that you will supply accurate information, and that you will update that information promptly if it changes. ForeverCard reserves all right to pursue legal action against all persons who misrepresent personal information or who are otherwise untruthful about their identity, and to suspend or cancel User Accounts registered with inaccurate or incomplete information. Multiple accounts may not be created sharing the same name, email, credit card or payment processing account(s). By registering for a User Account, you agree that we may display your username and profile picture, if any. Your User Account may NOT include any photographs that contain nudity, violence, or offensive subject matter, as determined in ForeverCard’s sole discretion. If you wish to cancel your User Account, you may do so by selecting the cancel option under your account settings within the website or web application or by contacting us directly via the website or at info@forevercard.io. You are solely responsible for backing up and/or migrating any data prior to cancellation. If you cancel your User Account, you will not be able to access or reactivate the User Account.


You are solely responsible for maintaining the confidentiality of your User Account, your password and for restricting access to your computer. If you permit others to use your User Account credentials, you agree to these Terms of Service on behalf of all other persons who use the Services under your User Account or password, and you are responsible for all activities that occur under your User Account or password. If you become aware of any unauthorized use of your data or User Account for the Services, you agree to notify us immediately at info@forevercard.io.


Unless expressly permitted in writing by ForeverCard, you may not sell, rent, lease, share, distribute or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account, allowing a third party to use your account and the Services, and making your account available to third parties on a software-as-a-service, hosted services, time-sharing, service bureau or similar basis. ForeverCard reserves all available legal rights and remedies to prevent unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use. YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR USER ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE USER ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FOREVERCARD.


  1. Services Plans; Payment; Purchase of Products 

Some of the features of the Services, including the purchase of certain Products and the delivery thereof, either as a one-time or on a recurring basis, will require you to pay a fee. You agree to pay all charges and amounts specified for the Products, including without limitation shipping and handling, taxes, service fees, and/or processing fees. All payment information that you provide to ForeverCard (or our Third-Party Providers for payment processing) must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION THROUGH THE SERVICES. Applicable fees for the Products offered via the Services may change at any time in ForeverCard’s sole discretion. 


Additionally, You acknowledge that you may have access to the Services free of charge under the “free tier” but that to view certain portions of our Services and to gain access to certain aspects and features of the Services, you must purchase one of our Services plans (each a “Plan”), as updated from time to time in ForeverCard’s sole discretion. You shall be subject to all usage restrictions, limitations, and other terms and conditions as may be applicable for any Plan, which ForeverCard may amend, change, or update at any time without prior notice by posting and/or publishing such amendment, change, or update. Your continued use of the Services after the effective date of the revised Plans constitutes your acceptance of the terms, as revised. Plan payments do not include any applicable sales taxes that may be due in connection with the Services; provided, however we may collect applicable sales taxes in addition to the payments required under Plan if such Services are subject to any sales tax. 


ForeverCard reserves the right to terminate or suspend access to the Services or any related license, subscription, product, or service if you fail to pay any amounts when due.


We may employ the use of Third-Party Providers for the purpose of facilitating payment and the completion of Plan and Products purchases. By submitting your payment information, you understand that we may share that information with these Third-Party Providers subject to our Privacy Policy.


If you enroll in any free trial or other promotion that provides access to any paid Services, those Services must be used within the specified time of the trial. You must stop using any paid Services before the end of the trial period in order to avoid being charged for those Services in accordance with our standard fees associated with that Plan. 


You hereby acknowledge, understand, and agree that Products and Plan(s) are not returnable or refundable. We reserve the right to issue refunds at our sole discretion. If we issue a refund we are under no obligation to issue the same or similar refund in the future.


Title and risk of loss for any physical Products purchases pass to you upon our delivery to our carrier. When you place an order, we will not charge you until we ship the items ordered. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.


You understand that the Products and content we provide on the Services are subject to change at any time, and that Products and content may be added or removed at ForeverCard’s sole discretion. 


By placing an order, you represent that the Products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Products; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any Products. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.


  1. Services License

Unless otherwise expressly stated in writing by ForeverCard, by agreeing to these Terms of Service you are granted a limited, worldwide, non-assignable, non-exclusive, and non-sublicensable license (i.e., a personal and limited right) to access and use the Services solely for your personal use or internal business use. ForeverCard reserves all rights not expressly granted in these Terms of Service and you may not use the Services or any portion thereof for any purpose not expressly permitted by the Agreement. The permission for you to use ForeverCard Materials (defined herein) to generate content or otherwise in association with the Products and your User Content (defined herein) is expressly limited to such ForeverCard Materials specifically made available by ForeverCard for that purpose and may be revoked by ForeverCard at any time without notice or liability to you.  You may NOT make any commercial use of any ForeverCard Materials, in whole or in part, or sell, lease, hypothecate, transfer, license, distribute, reproduce, encumber, or otherwise exploit same, in whole or in part, without the express written consent of ForeverCard.


  1. Ownership; Services Usage

The Services are owned and operated by ForeverCard. Unless otherwise indicated, all content, information, and other materials on the Services (excluding User Content, set out in this Section 7), including, without limitation, the Products, ForeverCard’s trademarks and logos, the visual interfaces, layout, instructions,  “look and feel” of the Services and Products, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, audio, artwork,  other files, all copyrightable material, any other materials related to the Services, the selection and arrangement thereof, and all improvements, modifications, or enhancements thereon (collectively, the “ForeverCard Materials”) are protected by relevant intellectual property and proprietary rights and laws. All ForeverCard Materials are the property of ForeverCard or its subsidiaries or affiliated companies and/or third-party licensors and all legal right, title and interest in and to the ForeverCard Materials and the Services, including any and all Intellectual Property Rights thereto, are vested in ForeverCard.  “Intellectual Property Rights” means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights.


The Services may allow you to publicly or privately upload, create, post, share, transmit, perform, or store files, attachments, links, video, artwork, photography, audio-visual assets, sounds, messages, text, images, or other data or materials, including in connection with or as a part of the Products (collectively, “User Content”). You may also access, receive, or otherwise be exposed to the User Content of other users as a result of the Services or Products.


You hereby grant (and you represent and warrant that you have the right to grant) to ForeverCard, to the furthest extent and for the maximum duration permitted by applicable law, an unrestricted, perpetual, irrevocable, nonexclusive, royalty-free and fully paid, worldwide license (with the right to sublicense) to  (a) access, use, copy, reproduce, transmit, re-transmit, distribute through any means (including but not limited to electronic, analog, digital and physical), modify, adapt, encode, prepare, manipulate, publish, translate, create derivative works from, transmit, perform, publicly perform, broadcast, re-broadcast, format, display, store, archive, host, index and otherwise exploit the User Content, in whole or in part, in any form, format, media, or media channels now known or later developed or discovered for any purpose throughout the world (including promoting and redistributing part or all of the Services and derivative works thereof); and (b) use the name, identity, image, likeness, and voice (or other biographical information), in whole or in part, that you submit in connection with such User Content for any purpose throughout the world. Should such User Content contain the name, identity, image, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that ForeverCard and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service. When you transmit User Content to the Services, you expressly authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Services. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit. You hereby acknowledge and agree not to assert any right, title, or interest in any and all ForeverCard Materials with which your User Content may be integrated or combined or into which all or any portion of your User Content may be incorporated and that your rights therein and thereto shall be expressly limited to your User Content and shall in no event extend to any ForeverCard Materials. You agree that ForeverCard has no obligation to monitor or enforce your intellectual property rights to your User Content, but that ForeverCard has the right to protect and enforce its and its licensees' rights to your User Content.


To the extent permitted by applicable law, ForeverCard takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is ForeverCard liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Services. Your use of the Services and Products are at your own risk. In addition, these Terms of Service do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. ForeverCard is not liable for any statements or representations included in User Content, nor is ForeverCard liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Services. ForeverCard does not endorse any User Content, opinions, recommendations, or advice expressed therein, and ForeverCard expressly disclaims any and all liability in connection with any User Content. To the fullest extent permitted by applicable law, we reserve the right to remove, screen, or edit any User Content submitted, uploaded, posted or stored on the Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law. 


You are solely responsible, at your sole cost and expense, for creating backup copies of and replacing any User Content you post and/or store on the Services. 


WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER RELATED INFORMATION FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce this Agreement; (c) to protect ForeverCard’ legal rights and remedies; (d) if we, in our reasonable discretion, believe that someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.


You are solely responsible for your User Content and the consequences of sending, sharing, posting or publishing it, even when integrated, incorporated into, or combined with the Products. By using the Services, you represent and warrant that: (a) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (b) your User Content does not and will not: (I) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (II) be deceptive, fraudulent, discriminatory, obscene, pornographic, violent, unlawful or otherwise objectionable or in violation of applicable law, (III) threaten, defame, slander, or libel any other person, (IV) contain content that is sexually explicit (e.g., nudity), harmful to minors, constitutes violations of child pornography or child sexual exploitation laws, denigrates any ethnic, racial, sexual, or religious group by stereotypical depiction or otherwise, encourages or otherwise depicts glamorized drug use, promotes physical harm of any kind against any individual or group or characterizes violence as acceptable, glamorous, or desirable, (V) promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files, or provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses, or (VI) solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in any commercial activities whatsoever and/or sales without ForeverCard’s prior written consent; (c) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code and you have taken all reasonable security measures in accordance with industry standards in connection with your User Content; and (d) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or confidential information of any third parties. ForeverCard reserves all rights and remedies against any users who breach these representations and warranties.


To the furthest extent permitted by applicable law, you hereby agree that ForeverCard shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against ForeverCard for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY FOREVERCARD HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.


The Services may allow you to access, interact with or use certain Third-Party Providers, third-party social media platforms, products, services, content, websites or applications that are integrated with, available, or link from the Services, including linking your User Account with a third-party website or enabling you to "like" a product or "share" content on other websites (the “Reference Sites”). You are responsible for deciding if you want to access or use the Reference Sites and ForeverCard does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites, even when used in conjunction with the Services. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services are solely between you and such third party. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk and you should make any investigation you feel necessary in connection with the Reference Sites. Your use of a Reference Site may cause personally identifying information to be publicly disclosed and/or associated with you, even if Forever Card has not provided such information. You must read all log-in boxes and other pop-up boxes closely for notices about disclosing your account information with, through or by any other means identified on a Reference Site. In using any Reference Sites made available via the Services, you must agree to comply with and be bound by the Terms of Service, Privacy Policy, or other terms and conditions of the Third-Party Providers. You agree to indemnify ForeverCard for any losses, costs, expenses or damages incurred by ForeverCard due to your use of any third-party products or services, including any violation of a third party’s Terms of Service or other agreement relating to such products or services. THE INFORMATION, CONTENT, AND PRODUCTS (INCLUDING GOODS AND SERVICES) AVAILABLE THROUGH ANY REFERENCE SITES ARE OFFERED BY INDEPENDENT ENTITIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH FOREVERCARD. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FOREVERCARD IS NOT RESPONSIBLE OR LIABLE TO YOU IN ANY WAY FOR YOUR USE OF REFERENCE SITES OR YOUR USE OR PURCHASE OF THIRD-PARTY PRODUCTS. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD-PARTIES FOUND THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION IN-APP PURCHASES AND GIFT CARDS, AND ANY TERMS, CONDITIONS, WARRANTIES, AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY PROVIDER AND FOREVERCARD IS NOT IN ANY WAY RESPONSIBLE FOR YOUR USE. FOREVERCARD WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY THIRD-PARTY.


Any use of the Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Services.


  1. Prohibited Conduct

YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Services.


You agree that you will comply with these Terms of Service and will not:


  1. create, upload, transmit, distribute, or store any content that is inaccurate, deceptive, discriminatory, unlawful, fraudulent, infringing, defamatory, obscene, violent, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;

  1. misrepresent yourself, impersonate any person or entity; falsely claim an affiliation with any person or entity; access the User Accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Services; steal passwords or credit card information; or perform any other similar fraudulent activity;

iii. send junk mail or spam to users of the Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;


  1. harvest or collect email addresses or other contact information of other users from the Services;

  1. defame, libel, harass, abuse, threaten, or defraud users of the Services, or collect or attempt to collect, personal information about users or third parties without their consent;

  1. delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Services or User Content, (b) features that prevent or restrict use or copying of any content accessible through the Services, (c) features that enforce limitations on the use of the Services or User Content, or (d) the copyright or other proprietary rights notices on the Services or User Content;

vii. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, trade secrets, or applications of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;


viii. modify, adapt, translate, or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;


  1. interfere with or damage the Services (or any part thereof), any user’s computer or access point, the operation of the Services (or any part thereof) or any user’s enjoyment of them, by any means, including without limitation uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or harmful files;

  1. relay email from a third-party’s mail servers without the permission of that third-party;

  1. access any website, server, software application, or other computer resource owned, used, and/or licensed by ForeverCard, including but not limited to the Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures we may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by ForeverCard, including but not limited to the Services;

xii. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services;


xiii. interfere with or disrupt the Services (or any part thereof) or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; use the Services (or any part thereof) in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;


xiv. use or attempt to use another user’s User Account without authorization from that user;


  1. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access; 

xvi. use the Services (or any part thereof) for any illegal or malicious purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy; 


xvii. use the Services (or any part thereof) to develop any technology or product that is competitive with ForeverCard and its products, including the Services, or otherwise commercially exploit the Services or any part thereof; 


xviii. use the Services (or any part thereof) as a media storage service; and


xix. assist any third-party with any of the foregoing.


  1. Digital Millennium Copyright Act

We respect the intellectual property rights of others and request that users of the Services respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend, terminate, or cancel a User Account or a user’s access to and use of the Services if a user is found to be a repeat infringer. If you believe your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, you may notify our designated copyright agent (specified below) in writing with the following and in the form required by 17 U.S.C. 512 of the United States Copyright Act:


  1. provide your physical or electronic signature;
  2. identify the copyrighted work that you believe is being infringed;

iii. identify the item in the Services that you think is infringing your work and include sufficient information about where the material is located on the website;

  1. provide us a way to contact you, such as your address, phone number or email address;
  2. provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, or its agent, or the law; and
  3. provide a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate, and that you are authorized to act on behalf of the copyright owner whose work is being infringed.

Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512(c) of the United States Copyright Act:

Forever Card Holdings, Inc.
Attn: DMCA Agent
2803 Philadelphia Pike, Suite B   PMB 7067, Claymont,

Delaware, 19703, United States
Email: info@forevercard.io


  1. Trademarks

The ForeverCard Marks, including without limitation, any logo or slogan used by ForeverCard, and the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of ForeverCard may not be used in whole or in part in connection with any product or service that is not ForeverCard’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ForeverCard, without our prior written permission.  Further, you agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.


All other trademarks referenced in the Services are the property of their respective owners. Reference on the Services to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.


  1. Idea Submission; Feedback

If you send us creative suggestions, ideas, notes, drawings, concepts, feedback, or other information (collectively the “Submissions”) such Submissions shall be deemed and shall remain the property of ForeverCard in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, ForeverCard the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, display, modify, adapt, publish, translate, distribute, create derivative works based on and otherwise exploit such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for any purpose that ForeverCard chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against ForeverCard relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.


  1. Termination

To the fullest extent permitted by applicable law, ForeverCard reserves the right, without notice and in our sole discretion, to terminate your license to use the Services (including to upload or access User Content) and to block or prevent your future access to and use of the Services, including where we reasonably consider that: (i) your use of the Services violates these Terms of Service or applicable law; (ii) you fraudulently use or misuse the Services; or (iii) we are unable to continue providing the Services to you due to technical or legitimate business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (a) the Services, (b) any term of these Terms of Service, (c) any policy or practice of ForeverCard in operating the Services, or (d) any content or information transmitted through the Services, is to terminate your account and to discontinue use of any and all parts of the Services.


  1. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless ForeverCard, its affiliated companies, and each of our respective Third Party Providers, contractors, employees, officers, directors, agents,  third-party suppliers, licensors, and partners (individually and collectively, the “Indemnified Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Services, any User Content you post, store, or otherwise transmit in or through the Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Indemnified Parties of any third-party claim, and ForeverCard reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ForeverCard, and you agree to cooperate with ForeverCard’s defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.


  1. Disclaimers; No Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND ON BEHALF OF THE INDEMNIFIED PARTIES: (A) THE SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN, INCLUDING THE FOREVERCARD MATERIALS, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY FOREVERCARD; (B) THE INDEMNIFIED PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING ANY INFORMATION, FOREVERCARD MATERIALS, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) FOREVERCARD DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE SERVICES, INCLUDING THE FOREVERCARD MATERIALS, ARE ACCURATE, TIMELY, UNINTERRUPTED, SECURE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) FOREVERCARD IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) FOREVERCARD CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOREVERCARD OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE INDEMNIFIED PARTIES NEITHER ENDORSE NOR ARE RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, STATEMENT, OR USER CONTENT MADE OR DISPLAYED ON THE SERVICES BY THIRD-PARTIES (INCLUDING ANY USER OF THE SERVICES) AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM SUCH CONTENT OBTAINED ON OR THROUGH THE SERVICES. PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE SERVICES. THE INDEMNIFIED PARTIES ARE ALSO NOT RESPONSIBLE FOR ANY FAILURE OF PRODUCTS, ELECTRONIC MESSAGES, CARDS, GIFT CARDS OR OTHER CONTENT OR MATERIALS REACHING THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. 


  1. Limitation of Liability and Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT SHALL FOREVERCARD OR THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY USER CONTENT, INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY FOREVERCARD, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT OR THE MATERIALS THEREIN (INCLUDING ANY FOREVERCARD MATERIALS OR USER CONTENT), INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM FOREVERCARD, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME; (II) IN NO EVENT SHALL FOREVERCARD OR THE INDEMNIFIED PARTIES BE LIABLE OR RESPONSIBLE FOR DAMAGES, COSTS, AND EXPENSES OF ANY KIND IN CONNECTION WITH USER CONTENT OR WITH ANY EVENTS BEYOND THEIR REASONABLE CONTROL; AND (III) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FOREVERCARD, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES OR COMPLETING PURCHASES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED U.S. DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, FOREVERCARD SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.


YOU ACKNOWLEDGE AND AGREE THAT FOREVERCARD HAS OFFERED THE SERVICES, CONTENT, MATERIALS, FOREVERCARD MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FOREVERCARD, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FOREVERCARD. FOREVERCARD WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.


  1. Applicable Law; Dispute Resolution

PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH FOREVERCARD AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FOREVERCARD.


To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Service or the Privacy Policy (“Dispute”), you and ForeverCard agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days prior to initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person or entity to the other in accordance with the Notice section below. Any dispute, claim or controversy arising out of or relating to these Terms of Service 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 by arbitration in Los Angeles, California USA, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, ForeverCard may seek (and obtain) injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which ForeverCard or its assigns may be entitled under these Terms of Service or applicable law, in the event of any actual or threatened breach of these Terms of Service by you or on your behalf, ForeverCard would be irreparably damaged if these Terms of Service were not specially enforced and, as such, you agree that ForeverCard shall be entitled, without the need to post bond or other security or provide proof of damages, to obtain injunctive relief or other equitable relief in any court of competent jurisdiction. You may not, in any circumstance, seek to enjoin or limit the availability of any of ForeverCard’s products or services. To the full extent permitted by law: (I) no arbitration shall be joined with any other; (II) there is no right or authority for any claim related to these Terms of Service or ForeverCard’s products or services to be arbitrated on a class action basis or to utilize class action procedures; and (III) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND FOREVERCARD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ForeverCard agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.


THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.


Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed and enforced under, the laws, rules and regulations of the United States of America and the laws, rules and regulations of the State of California, excluding conflict of law rules and principles. 


YOU AND FOREVERCARD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


  1. Miscellaneous

  1. Waiver

If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.


  1. Severability

If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.


iii. Notice

In accordance with provisions in this Agreement requiring ForeverCard to give notice to you, we will do so by means of a general notice on our website or electronic mail to your email address on record in your User Account (if you have created a User Account), the choice of which being at our discretion. Any provisions in this Agreement requiring you to give notice to ForeverCard can be done so by means of email to: info@forevercard.io or by first class mail, postage prepaid, or overnight courier to:


Forever Card Holdings, Inc.
Attn: Customer Notice Processing
2803 Philadelphia Pike, Suite B   PMB 7067, Claymont,

Delaware, 19703, United States


  1. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ForeverCard without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.


  1. Survival

Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 11-18.


vii. Entire Agreement

The Terms of Service is the entire agreement between you and ForeverCard relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Service made by ForeverCard as set forth herein.