Terms of Service

By creating an account, accessing, or using the eCardWidget platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the eCardWidget platform.

If you are accepting these Terms on behalf of an entity (such as your employer), you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" refer to that entity.

eCardWidget provides a platform for creating, managing, and sending electronic cards ("eCards"). The platform is accessible through our websites (eCardWidget.com, eCardRecognizer.com, and ChurchInviter.com) and any associated applications or services (collectively, the "Service").

Plans designated as "Enterprise" in the eCardWidget pricing schedule, or under a separate written agreement between you and eCardWidget, are referred to as "Enterprise Plans" throughout these Terms. References to "Standard" or "non-Enterprise" plans refer to all other paid plans available through self-service signup.

eCardWidget LLC hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the eCardWidget.com Site, solely with supported browsers through the Internet for your own internal purposes, subject to these Terms. You may not permit the eCardWidget.com Site to be used by or for the benefit of unauthorized third parties. Nothing in these Terms shall be construed to grant you any right to transfer or assign rights to access or use the eCardWidget.com Site. All rights not expressly granted to you are reserved by eCardWidget LLC and its licensors. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the eCardWidget.com Site in any way; (ii) modify or make derivative works based upon the eCardWidget.com Site; (iii) reverse engineer or access the eCardWidget.com Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the eCardWidget.com Site, or (c) copy any features, functions or graphics of the eCardWidget.com Site.

The eCardWidget platform, including all information, software, text, displays, images, video, and audio, along with the design, selection, and arrangement thereof, are owned by eCardWidget, its licensors, or other providers of such materials. These elements are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You acknowledge and agree that, as between the parties, eCardWidget LLC owns all right, title, and interest in and to the eCardWidget platform, including all intellectual property rights therein.

As a condition of your use of the eCardWidget platform, you agree not to use the platform for any purpose that is unlawful or prohibited by these Terms. You may not use the platform in any manner that could damage, disable, overburden, or impair any eCardWidget server, or the network(s) connected to any eCardWidget server, or interfere with any other party's use and enjoyment of any services offered by eCardWidget. You may not attempt to gain unauthorized access to any service, other accounts, computer systems, or networks connected to any eCardWidget server or to any of the services, through hacking, password mining, or any other means. Specifically, you agree not to:

a. Use the eCardWidget platform to upload, share, or display any offensive or explicit content, including but not limited to nudity, sexually explicit materials, obscene language, or any content that may be deemed inappropriate for a general audience.

b. Use the platform to promote or distribute content or conduct that we, in our sole discretion, determine to be harmful, inciting violence, misleading, or intended to harass or negatively impact individuals, groups, or communities.

c. Upload, share, or otherwise use content that promotes discrimination, hate speech, harassment, or advocacy of specific agendas that may be deemed divisive, disruptive, or high-risk, or that may lead to reputational harm for eCardWidget.

d. Forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmission sent to eCardWidget via the platform.

e. Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

f. Use the eCardWidget platform in connection with fraudulent activity, solicitation, or to distribute unsolicited messages, such as spam, surveys, chain letters, junk email, or other duplicative or unsolicited messages (commercial or otherwise).

g. Use the platform to advocate for special interests, conduct promotional campaigns, or engage in activities that, in eCardWidget's sole discretion, may create undue harm, attract negative publicity, or interfere with the experience of other users on the platform.

h. Use the platform to collect, transmit, or store health-related information, including Protected Health Information (PHI) under HIPAA. The platform is not intended for medical or clinical use.

i. Misuse any connected third-party integration enabled through the platform (including, without limitation, gift card or rewards integrations, custom email delivery providers, and single sign-on identity providers) for fraudulent purposes, to circumvent any third party's terms of service or applicable law, or to engage in money laundering, sanctions evasion, or unauthorized purchases.

j. Share third-party API keys, OAuth tokens, single sign-on credentials, or any other connected-service credentials with any party in a manner that violates the third-party provider's terms of service, or use another Account Holder's credentials or connected accounts without authorization.

eCardWidget reserves the right to monitor usage for compliance with these Terms and may suspend or terminate access to the platform for any violations.

You are responsible for all content that you upload, post, email, transmit, or otherwise make available via the eCardWidget platform ("Content"). eCardWidget does not control the Content posted and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will eCardWidget be liable in any way for any Content, including any errors or omissions, or any loss or damage incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the platform.

By uploading, posting, or transmitting Content through the Service, you grant eCardWidget LLC a non-exclusive, royalty-free, worldwide license to host, store, reproduce, transmit, and display such Content solely as necessary to provide the Service to you and your designated recipients. You retain all ownership rights in your Content; this license does not transfer ownership and terminates with respect to newly uploaded Content when you delete your account, subject to retention of the Content already delivered to recipients and to the operational backup retention windows applicable to our infrastructure.

eCardWidget adheres to strict data protection policies. Our commitment to protecting the privacy of your personal information is detailed in our Privacy Policy, which forms an integral part of these Terms. By agreeing to these Terms, you also consent to the collection, storage, processing, and sharing of your personal data as outlined in our Privacy Policy and warrant that all data provided by you is accurate.

For Account Holders subject to EU or UK data protection law, eCardWidget's standard Data Processing Agreement — incorporating the EU Standard Contractual Clauses (Module 2, Controller to Processor) and the UK International Data Transfer Addendum — is available upon request on Enterprise Plans.

A valid credit card is required for accounts needing payment. The eCardWidget.com Site is billed in advance on a monthly or annual basis, according to the billing interval selected at purchase. Annual plans renew for successive annual terms unless cancelled before the renewal date. Except for refunds issued under the 3-Day Money-Back Guarantee in §9.3, all payments are non-refundable. This includes no refunds or credits for partial months or partial annual terms of service, upgrade/downgrade refunds, or refunds for unused periods on an open account.

eCardWidget reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days' notice from us. Such notice may be provided at any time by posting the changes to the eCardWidget Site or the Service itself.

eCardWidget shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

The eCardWidget platform and all associated services are provided on an "as is" and "as available" basis. eCardWidget LLC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error-free; nor do we guarantee the accuracy or reliability of any information obtained through the service.

You acknowledge that any material and/or data downloaded or otherwise obtained through the use of the service is done at your own discretion and risk. eCardWidget LLC is not responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

Any service-level descriptions, uptime targets, or availability metrics published outside these Terms (including on the eCardWidget website) are informational only and do not create contractual commitments unless expressly incorporated into a separate written agreement signed by eCardWidget.

To the fullest extent permitted by law, eCardWidget LLC shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if eCardWidget LLC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

In no event will eCardWidget LLC's aggregate liability arising out of or relating to these Terms or the Service exceed the greater of (a) the total fees paid by you to eCardWidget in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred US dollars (USD $100). The limitations in this Section apply to the maximum extent permitted by applicable law and apply regardless of the form of action, whether in contract, tort, strict liability, or otherwise.

The foregoing limitations do not apply to: (a) liability arising from gross negligence, willful misconduct, or fraud; or (b) your payment obligations to eCardWidget.

We reserve the right to modify these Terms of Service at any time to accommodate changes in our services, the law, or our business practices. The latest version will always be published on our website with the effective date displayed at the top. We recommend reviewing these Terms periodically to stay informed about the rules that govern your use of our services. Your continued use of the platform after any modifications indicates your acceptance of the updated Terms.

You agree to indemnify and hold eCardWidget LLC, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, or make available through the service, your use of the service, your connection to the service, your violation of the Terms, or your violation of any rights of another.

eCardWidget may establish general practices and limits concerning use of the service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the service, the maximum disk space that will be allotted on eCardWidget's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the service in a given period of time. You agree that eCardWidget has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the service. eCardWidget reserves the right to modify these general practices and limits from time to time.

Please report any violations of the Terms to eCardWidget management at info@ecardwidget.com.

These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to its conflict of laws provisions. You and eCardWidget agree to submit to the personal and exclusive jurisdiction of the courts of the State of Missouri sitting in Camden County.

If any provision of these 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.

eCardWidget may assign these Terms to any successor in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets, without your consent. You may not assign or transfer your rights or obligations under these Terms without eCardWidget's prior written consent. Any attempted assignment in violation of this Section is void.

These Terms constitute the entire agreement between you and eCardWidget LLC regarding the use of the eCardWidget platform, superseding any prior agreements between you and eCardWidget LLC relating to your use of this site or services.

The eCardWidget platform supports integration with third-party services that Account Holders may choose to enable using their own accounts, credentials, or API keys. This Section governs your use of such connected services and is in addition to, and not in limitation of, the other provisions of these Terms.

Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms (other than payment obligations) caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, pandemic or epidemic, war, terrorism, civil disturbance, labor disputes, governmental action, internet or telecommunications failures, failures or interruptions of cloud or third-party service providers, denial-of-service attacks, or any other event or circumstance that could not reasonably have been foreseen or avoided.

If a force majeure event prevents either party from performing its material obligations for more than thirty (30) consecutive days, either party may terminate these Terms with respect to the affected Service by written notice to the other party.

Any provision of these Terms that, by its nature, is intended to survive termination or expiration shall survive, including without limitation: §4 (License Grants & Restrictions), §5 (Intellectual Property), §7 (User Content), §8 (Data Protection), §12 (Disclaimer of Warranties), §13 (Limitation of Liability), §15 (Indemnification), §18 (Governing Law), §21 (Third-Party Integrations and Connected Services), §24 (DMCA Notice and Takedown), and §25 (Binding Arbitration and Class Action Waiver), together with any accrued obligations of payment.

eCardWidget respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, we respond to clear notices of alleged copyright infringement that comply with the requirements set out below.

If you believe that Content available on or through the Service infringes a copyright that you own or control, you may submit a notification to our Designated Copyright Agent. Your notification must include all of the following:

a. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

b. Identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works are covered by a single notification, a representative list of such works).

c. Identification of the material that is claimed to be infringing, with information reasonably sufficient to permit eCardWidget to locate the material.

d. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address.

e. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Send DMCA notices to our Designated Copyright Agent at:

• Designated Agent: Timothy Badolato, eCardWidget LLC
• Email: tim@ecardwidget.com

eCardWidget LLC's Designated Agent is registered with the U.S. Copyright Office (Registration Number DMCA-1072419). We may, in appropriate circumstances and at our discretion, terminate the accounts of users who are determined to be repeat infringers.

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH ECARDWIDGET LLC THROUGH BINDING ARBITRATION AND LIMITS YOUR ABILITY TO SEEK RELIEF FROM A COURT OR TO PARTICIPATE IN A CLASS ACTION.

You grant eCardWidget a non-exclusive, worldwide right to reference you as a customer of the Service in our marketing and promotional materials, including the right to use your name, brand, logo, and representative examples of eCards or Content created through the Service in places such as our website, customer showcase, case studies, sales materials, and similar promotional channels.

If you would prefer that we not use your name, logo, or Content for these purposes, please let us know at info@ecardwidget.com.

If you have any questions, concerns, or requests regarding these Terms and Conditions, please contact us at:

• Email: info@ecardwidget.com
• Name: Tim Badolato
• Company: eCardWidget LLC
• Phone: (573) 746-2417