Terms of Service

1. Acceptance of Terms

Welcome to eWish, a service provided by Spearmint LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of the eWish service accessible at ewish.app (the "Service").

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, please do not use our Service.

2. Description of Service

2.1 Service Overview

eWish is an automated email service that sends birthday, anniversary, and other celebration emails to your organization's members, employees, or contacts based on dates you provide.

2.2 Service Features

Our Service includes:

• Automated birthday and anniversary email sending
• Customizable email templates
• Contact management and organization
• Email delivery tracking and analytics
• Account management and billing
• Customer support services

2.3 Service Limitations

Our Service is provided "as is" and may be subject to limitations, interruptions, and modifications. We do not guarantee:

• Uninterrupted service availability
• Error-free operation
• Delivery of all emails
• Compatibility with all systems
• Specific response times

3. Eligibility and Account Registration

3.1 Eligibility Requirements

To use our Service, you must:

• Be at least 18 years old or the age of majority in your jurisdiction
• Have the legal capacity to enter into contracts
• Not be prohibited from using our Service by applicable law
• Provide accurate and complete information
• Maintain the security of your account

3.2 Account Registration

When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information
• Keep your login credentials secure
• Notify us immediately of any unauthorized use
• Be responsible for all activities under your account

3.3 Account Verification

We may require verification of your identity, contact information, or payment method. We reserve the right to suspend or terminate accounts that cannot be verified.

4. User Responsibilities and Conduct

4.1 General Responsibilities

You are responsible for:

• All content you upload or submit to our Service
• Obtaining necessary permissions for email addresses you provide
• Ensuring compliance with applicable laws and regulations
• Maintaining the security of your account
• Monitoring your account activity
• Reporting any security issues or violations

4.2 Data Accuracy

You warrant that:

• All information you provide is accurate and current
• You have the right to use all email addresses provided
• Contact information is obtained legally and ethically
• You will update information as needed

4.3 Compliance Requirements

You must comply with:

• All applicable anti-spam laws (CAN-SPAM Act, GDPR, etc.)
• Data protection and privacy regulations
• Email marketing best practices
• Our acceptable use policies
• Third-party service terms

5. Prohibited Uses

5.1 Prohibited Activities

You may not use our Service to:

• Send spam, unsolicited, or commercial emails
• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit harmful or malicious content
• Harass, threaten, or abuse others
• Impersonate any person or entity
• Interfere with our Service operations
• Attempt to gain unauthorized access
• Reverse engineer or modify our Service
• Use our Service for illegal purposes

5.2 Content Restrictions

You may not upload or transmit:

• Illegal, harmful, or offensive content
• Copyrighted material without permission
• Personal information without consent
• Malware, viruses, or harmful code
• False or misleading information
• Content that violates third-party rights

5.3 Technical Restrictions

You may not:

• Exceed usage limits or quotas
• Use automated systems without permission
• Attempt to bypass security measures
• Access non-public areas of our Service
• Interfere with other users' access

6. Subscription and Payment Terms

6.1 Subscription Plans

We offer various subscription plans with different features and limitations. Current plans and pricing are available on our website and may be modified at any time.

6.2 Payment Terms

For paid subscriptions:

• Payment is due in advance for each billing cycle
• We accept major credit cards and other payment methods
• You authorize us to charge your payment method
• You are responsible for all applicable taxes
• Failed payments may result in service suspension

6.3 Billing and Renewals

Subscriptions automatically renew unless cancelled. You may cancel at any time through your account settings. Cancellation takes effect at the end of the current billing period.

6.4 Refund Policy

We offer refunds under the following conditions:

• Service availability issues exceeding 99% uptime guarantee
• Billing errors or unauthorized charges
• Cancellation within 30 days of initial subscription
• Other circumstances at our discretion

6.5 Price Changes

We reserve the right to modify subscription prices with 30 days' notice. Existing subscriptions will be charged the new rate upon renewal.

7. Intellectual Property Rights

7.1 Our Rights

Spearmint LLC owns all rights, title, and interest in and to:

• The eWish Service and platform
• All software, code, and technology
• Trademarks, logos, and branding
• Service documentation and materials
• Aggregate and anonymized data

7.2 License to Use

We grant you a limited, non-exclusive, non-transferable license to use our Service in accordance with these Terms. This license terminates upon termination of your account.

7.3 User Content Rights

You retain ownership of your content but grant us a limited license to:

• Process and store your content
• Deliver emails on your behalf
• Provide customer support
• Improve our Service
• Comply with legal requirements

7.4 Feedback and Suggestions

Any feedback, suggestions, or ideas you provide become our property and may be used without compensation or attribution.

8. User Content and Data

8.1 Content Responsibility

You are solely responsible for:

• All content you upload or submit
• Ensuring you have rights to use content
• Compliance with applicable laws
• Accuracy of information provided
• Obtaining necessary permissions

8.2 Content Standards

All content must:

• Be accurate and not misleading
• Comply with applicable laws
• Not violate third-party rights
• Be appropriate for the intended audience
• Not contain harmful or offensive material

8.3 Data Backup and Loss

While we implement reasonable backup procedures, you are responsible for maintaining your own backups of important data. We are not liable for data loss or corruption.

8.4 Content Removal

We reserve the right to remove content that violates these Terms or applicable laws without notice.

9. Privacy and Data Protection

9.1 Privacy Policy

Our Privacy Policy, incorporated by reference, governs how we collect, use, and protect your personal information.

9.2 Data Processing

By using our Service, you acknowledge that we will process personal information in accordance with our Privacy Policy and applicable data protection laws.

9.3 Data Controller Responsibilities

If you are a data controller, you warrant that:

• You have lawful basis for processing personal data
• You have obtained necessary consents
• You comply with applicable data protection laws
• You provide required privacy notices

9.4 Data Security

We implement reasonable security measures, but you are responsible for maintaining the security of your account and data.

10. Service Availability and Modifications

10.1 Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. Service may be unavailable due to:

• Scheduled maintenance
• Technical issues or outages
• Third-party service disruptions
• Force majeure events
• Security incidents

10.2 Service Modifications

We reserve the right to:

• Modify or discontinue features
• Update our Service and software
• Change system requirements
• Implement new policies
• Adjust usage limits

10.3 Notification

We will provide reasonable notice of material changes to our Service when practicable.

11. Termination

11.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription
• Closing your account through settings
• Contacting customer support
• Ceasing to use our Service

11.2 Termination by Us

We may terminate or suspend your account:

• For violation of these Terms
• For illegal or harmful activities
• For non-payment of fees
• For extended periods of inactivity
• At our discretion with notice

11.3 Effect of Termination

Upon termination:

• Your access to the Service ends
• Your data may be deleted
• Outstanding fees remain due
• Certain provisions survive termination

11.4 Data Retention

After termination, we may retain your data for a reasonable period to comply with legal obligations or for legitimate business purposes.

12. Disclaimers

12.2 Third-Party Services

We disclaim all liability for third-party services, including email delivery providers, payment processors, and other integrated services.

12.3 User Content

We disclaim responsibility for user-generated content and do not endorse or guarantee the accuracy of any user content.

12.4 Legal Compliance

We do not warrant that our Service complies with all applicable laws in every jurisdiction. You are responsible for ensuring your use complies with local laws.

13. Limitation of Liability

13.2 Liability Cap

Our total liability for all claims shall not exceed the amount paid by you for the Service in the twelve months preceding the claim.

13.3 Exceptions

These limitations do not apply to:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Liabilities that cannot be excluded by law

13.4 Acknowledgment

You acknowledge that these limitations are reasonable and that you would not enter into this agreement without these limitations.

14. Indemnification

14.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Spearmint LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of applicable laws
• Your content or data
• Your infringement of third-party rights
• Your negligent or wrongful conduct

14.2 Defense and Settlement

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.

14.3 Limitation

Your indemnification obligations are subject to the same limitations as your other obligations under these Terms.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first attempt to resolve disputes informally by contacting us at [email protected] with a detailed description of the dispute.

15.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

15.3 Arbitration Procedures

• Arbitration shall be conducted in Minnesota, USA
• The arbitrator shall be selected according to AAA rules
• The arbitration shall be conducted in English
• Each party shall bear their own costs and fees
• The arbitrator's decision shall be final and binding

15.4 Class Action Waiver

You agree that any arbitration shall be conducted on an individual basis and not as a class action, collective action, or representative action.

15.5 Exceptions

Either party may seek injunctive relief in court for intellectual property violations or to prevent irreparable harm.

16. Governing Law

16.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, USA, without regard to its conflict of law principles.

16.2 Jurisdiction

Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Minnesota, USA.

16.3 International Users

If you are accessing our Service from outside the United States, you acknowledge that you are doing so at your own risk and are responsible for compliance with local laws.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and Spearmint LLC regarding the Service.

17.2 Modifications

We may modify these Terms at any time by posting the updated Terms on our website. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

17.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17.4 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision or any other provision.

17.5 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms at any time without notice.

17.6 Force Majeure

We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, terrorism, government actions, or third-party service failures.

17.7 Survival

The following provisions shall survive termination of these Terms: intellectual property rights, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

17.8 Interpretation

These Terms shall be interpreted without regard to any presumption against the drafting party. Headings are for convenience only and do not affect interpretation.

17.9 Electronic Communications

You consent to receive electronic communications from us, including agreements, notices, and disclosures. Electronic communications satisfy any legal requirement for written communications.

17.10 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated herein.

18. Contact Information

If you have questions about these Terms or need to contact us regarding legal matters, please reach out to us:

18.1 Legal Notices

All legal notices should be sent to [email protected] with "Legal Notice" in the subject line and include:

• Your name and contact information
• Nature of the legal matter
• Relevant account information
• Specific legal concern or request
• Any supporting documentation

18.2 Emergency Contact

For urgent security matters or legal emergencies, contact [email protected] with "URGENT" in the subject line.

18.3 Response Times

We aim to respond to legal inquiries within 5 business days. Complex matters may require additional time for proper review.