1. RESTRICTIONS.

The Company’s Cardkive services are intended for greeting cards and similar paper card items. The Company will not accept potentially hazardous items, including glass, health or medical items, teeth, hair, items with mold or bugs, or any other dangerous materials. The Company, in its sole discretion, may also refuse content it deems offensive or unlawful, including content the Company, in its sole discretion, considers racist, prejudiced, violent, hateful, sexist, discriminatory, or pornographic.

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NOT FOR RESALE. The Company’s services and any related content, materials, deliverables, proofs, books, images, and products (collectively, the “Materials”) are for your personal use only in accordance with these Terms. You may not sell, resell, rent, lease, sublicense, redistribute, or otherwise make the Materials available to any third party or marketplace for commercial gain unless the Company has expressly authorized that use in writing. The Company may suspend or terminate your access to the Services if it determines, in its sole discretion, that you have violated this provision.

 

2. CARDKIVE SERVICES.

Standard domestic Cardkive box service. The Company offers a domestic flat-fee Cardkive box service for card books. Unless otherwise stated at checkout, the standard domestic Cardkive package includes: (a) a designated Cardkive box, (b) a prepaid return shipping label, (c) professional photography / digitization and editing of the permitted cards sent back in that designated box, and (d) one Cardkive book featuring those cards.

 

Single upfront payment. For the standard domestic Cardkive box service, your payment method is charged at the time of purchase. That upfront payment is the primary purchase price for the order. Unlike the Artkive Box service, a standard Cardkive order is not subject to a routine second payment after the cards are received, so long as the shipment complies with the purchased package and no additional optional services, overages, or non-standard handling charges apply.

 

No routine second payment. The Company will not send a routine second invoice for a standard Cardkive box order that falls within the purchased package. Any invoice issued after purchase will be limited to additional charges expressly allowed under these Terms, such as optional add-ons, return service, international or prepaid overages, non-permitted items, oversized items, non-standard handling, shipping surcharges, or other extra charges disclosed at checkout or on the pricing page.

 

Cards-only service. The Cardkive box service is limited to greeting cards and similar paper card items. If you include art, photos, envelopes, letters, or other items the Company does not treat as permitted card items for the package you purchased, the Company may exclude those items from the book, charge additional fees, request additional authorization, return the items only if return service has been purchased, or dispose of them in accordance with these Terms and the Company’s standard practices.

 

Envelopes and letters. Unless the Company expressly agrees otherwise in writing or the purchased product specifically includes them, envelopes, inserts, and letters are not required to be digitized or included in the book.

 

Shipping with your own packaging. If you ship items to the Company in your own packaging where the purchased service does not include that packaging, or if you do not use the Company’s designated Cardkive box for a box-based service, you acknowledge and agree that: (a) you are solely responsible for any damage arising from your packaging or shipment, (b) the Company may refuse delivery in its sole discretion, and (c) you may be subject to additional shipping or handling charges.

 

Additional charges and invoices. If you incur additional fees under these Terms, the Company may provide you with an invoice. If the invoice is not paid within thirty (30) days, the Company may charge your saved payment method for the unpaid invoiced amount. If you believe an invoice or charge was made in error, you must contact the Company promptly at help@artkiveapp.com.

 

Oversized or non-standard items. If you want to include photographs supplied by you, oversized items, rigid keepsakes, or items that do not fit within the package purchased, please contact the Company before shipping. The Company may decline those items or quote additional charges.

 

3. PREPAID, INTERNATIONAL, AND OTHER CARDKIVE PACKAGES.

The Company may offer prepaid domestic packages, gift packages, international packages, wedding-card packages, or other Cardkive variations. Those offerings may differ from the standard domestic Cardkive box service and may include their own item limits, packaging rules, and shipping terms as stated at checkout or on the applicable pricing page.

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Where a prepaid or international package covers only a stated number of cards or images, if you send more than the number covered by the purchased package, you may be charged for an additional package, additional book, or other overage amount consistent with the Company’s then-current pricing.

 

For prepaid or international packages that require you to send cards in your own packaging, the service may include the cost of printing and shipping the resulting book, but may not include a box or outbound shipping label for the shipment of your cards to the Company. Unless otherwise stated, book shipping is included only to the destination reflected in the purchased package.

 

International, Alaska, Hawaii, rural, expedited, or other non-standard shipments may be subject to additional shipping charges where disclosed during checkout or after shipment costs are confirmed.

 

4. OPTIONAL PRODUCTS, ADD-ONS, AND RETURNS.

The Company may offer optional products or services, including additional books, mosaics, DIY products using already-digitized images, digital downloads, USB products, protection packages, memberships, and return shipping for your physical cards. If you purchase an optional product, the applicable price and any product-specific terms disclosed at checkout will apply in addition to these Terms.

 

The Company does not return your cards unless you purchase a return service or the Company expressly agrees otherwise in writing. If you did not purchase return service, the Company may provide notice before destruction or disposal of physical cards remaining in its possession, and you must purchase any return service before the end of the notice period.

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5. NON-STANDARD HANDLING CHARGES.

Additional fees may be assessed for non-standard handling, restoration, unfolding, unstuffing, repairing, flattening, separating, or other manipulation required to digitize your cards. For example, if cards are taped, glued, excessively fragile, unusually bulky, or otherwise require additional work, the Company may assess reasonable additional charges.

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6. MEMBERSHIP, PROTECTION PACKAGES, CREDITS, AND REFERRALS.

If you purchase a membership, protection package, or other recurring plan that renews monthly or annually, after your initial payment you authorize the Company to automatically charge your payment method on each renewal date until you cancel. The Company will provide at least thirty (30) days’ notice of rate changes that apply to you. Except for any pro-rata refund the Company elects or is required to provide if it terminates the plan for convenience, those fees are non-refundable.

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Credits received through a referral program, membership, or promotional campaign may be applied only to eligible Cardkive purchases or add-ons, subject to any restrictions communicated by the Company. Credits have no cash value, are non-transferable, and generally expire one (1) year after issuance unless a shorter or longer period is expressly disclosed.

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From time to time, the Company may offer referral or other promotional programs. Those programs remain valid only while marketed on the Website or for the period stated in the applicable email or promotion. If a referred customer cancels an order, any related perk or credit may be rescinded.

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7. ACCESS TO DIGITIZED CARD IMAGES.

Once your cards have been digitized and the Company has received payment in full for the applicable order, you will receive access to the digitized images in your account, if the purchased package includes such access. Unless otherwise stated at checkout, access may expire after a limited period. To preserve access for a longer period, you may need to purchase a download, USB product, membership, or other storage option made available by the Company.

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Subject to applicable law and any express commitments made at checkout, the Company reserves the right to revoke access to, or delete, hosted digitized images after any stated access period, after giving any notice required by law or expressly promised by the Company.

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8. CANCELLATION TERMS.

So long as the Company has not processed your order, you may cancel a Cardkive box order, flat-fee book order, USB purchase, or return-service purchase within one (1) business day by contacting help@artkiveapp.com. If a cancellation is accepted before processing, the Company may deduct a $5 cancellation fee from your refund.

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Once you approve your proof, your book or other custom printed product can no longer be cancelled and is non-refundable.

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9. USER REPRESENTATIONS, WARRANTIES, AND LIMITATIONS.

You represent, warrant, and covenant that: (a) you will not use your account to breach security or gain unauthorized access to the account of any other user; (b) these Terms are valid, binding, and enforceable against you; and (c) the Company may revise, change, modify, or otherwise update these Terms at any time with or without notice to you in its sole discretion.

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Users must be at least eighteen (18) years old to access the Services. Users may not circumvent technological measures controlling access to the Services, use robots or scrapers without the Company’s express written consent, or interfere with the proper working of the Website or any related activities.

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10. LICENSE AND TERMINATION.

The Company grants to users a revocable, limited, non-assignable, non-sublicensable, nonexclusive license to access and use the Website and Services for personal use, subject to these Terms. The Company may terminate that license immediately and without notice in its sole discretion. All rights not expressly granted are reserved.

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You may not assign or transfer any license granted under these Terms or delegate your duties under these Terms to a third party without the Company’s written consent. Any attempted assignment or transfer in violation of this paragraph is void.

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11. INTELLECTUAL PROPERTY; USER CONTENT.

User acknowledges that the Company’s trademarks, including CARDKIVE, ARTKIVE, THE KIVE COMPANY, related logos, the Website, the app experience, and the Company’s content and communications are proprietary to the Company or its licensors and are protected by applicable intellectual property laws. User will not contest or infringe those rights.

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By uploading or posting photographs, images, text, or other content in connection with the Services (“User Content”), you grant the Company a non-exclusive, revocable, worldwide, royalty-free license to display and use that User Content as necessary to provide the Services you requested. If you separately grant permission for marketing, publication, or public distribution of specific User Content, you grant the broader license the Company describes at the time permission is requested.

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You represent and warrant that your User Content and your grant of rights in that User Content do not infringe the rights of any third party and do not violate applicable law. You will indemnify and hold the Company harmless from claims arising out of your User Content to the extent permitted by law.

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12. DISCLAIMERS; THIRD-PARTY LINKS; SERVICE INTERRUPTIONS.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH DISCLAIMERS ARE PROHIBITED BY LAW. The Company makes no representation that materials on this site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Company does not warrant that (i) the content is accurate, reliable, or correct, (ii) the services will be available at any particular time or location, (iii) any defects or errors will be corrected, or (iv) the content is free of viruses or other harmful components. Your use of these services is solely at your own risk. Where any such exclusion of warranties is not permitted in your jurisdiction, such exclusion does not apply to you.

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The Company has made every effort to display its products and services and other things you see on the Website as accurately as possible. But, the Website may contain typographical, technical, or pricing errors. The Company is not responsible for such errors, and you are not entitled to benefits arising from them. By consenting to these Terms, you you acknowledge and agree that you are not entitled to any benefits that arise from such an error.

If you engage with third-party promotions, sites, or services introduced through the Website, those dealings are solely between you and the third party. The Company is not responsible for third-party content, services, or malicious code accessed through third-party links.

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Access to the Services may be unavailable from time to time due to technical failures, intentional downtime, changes to the Services, or other causes outside the Company’s control. Such interruptions do not constitute a default by the Company.

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13. LIMITED LICENSE AND USE OF USER CONTENT INVOLVING CHILDREN
When you submit artwork, images, photographs, or other content to the Service (“User Content”), you grant us a limited, non-exclusive, non-transferable, and revocable license to use that User Content solely as necessary to operate, maintain, protect, and improve the Service and as otherwise described in our Privacy Policy.

Automated Processing and Analysis

We may process User Content using automated tools and technologies, including image recognition, machine learning, and artificial intelligence, only for legitimate and necessary internal purposes such as:

· operating and maintaining the Service;

· ensuring quality, safety, and consistency;

· developing, testing, and improving product features; 

· identifying and fixing errors or performance issues.

Such processing is designed to operate at the system or service level and is not used to evaluate, profile, score, or make decisions about any individual child or user.

Aggregated and De-Identified Information

We may analyze User Content in aggregate to generate de-identified and anonymized data, statistics, or insights regarding general trends or usage patterns across the Service. These outputs do not contain personal information, do not include raw images or artwork, and cannot reasonably be used to identify a specific child, parent, or household.

Prohibited Uses

We expressly do not:

· sell, lease, license, or otherwise commercialize User Content or children’s personal information;

· disclose raw images, artwork, or individual submissions to third parties;

· permit re-identification of anonymized or aggregated data;

· use User Content for targeted advertising, behavioral advertising, or marketing to individual children; or

· create behavioral profiles of children for commercial purposes.

Parental Authority

By submitting User Content involving a child, you represent and warrant that you are the child’s parent or legal guardian, or that you have obtained verifiable parental consent as required by applicable law, including the Children’s Online Privacy Protection Act (“COPPA”).

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14. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S ENTIRE CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE CONTENT WILL NOT EXCEED FIFTY DOLLARS ($50.00) OR THE AMOUNT YOU PAID FOR THE RELEVANT PRODUCT OR SERVICE, WHICHEVER IS GREATER TO THE EXTENT REQUIRED BY APPLICABLE LAW.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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Although the Company will use commercially reasonable efforts to avoid loss of or damage to cards provided to it, the Company cannot guarantee that damage, loss, data breaches, or internet interruptions will never occur. Except to the extent liability cannot be waived under applicable law, the Company disclaims liability arising from such events, including normal wear and tear and the fragile condition of items provided to the Company.

 

Although the Company will use commercially reasonable efforts to take all actions it deems appropriate to remedy and avoid data breaches and internet interruptions, the Company cannot guarantee that such events will not occur. accordingly, the company disclaims any and all liability resulting from or related to such events.

15. CONSUMER NOTICES; DMCA.

If you believe content made available through the Services infringes your copyright, trademark, or other property rights, you should send a notice to the Company’s designated agent with the information required by applicable law, including the Digital Millennium Copyright Act where applicable.

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Unless and until the Company updates its designated notice information, notices may be sent to the Company through the contact channels identified on the Website, including help@artkiveapp.com, or to the mailing/contact information published with the applicable service.

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16. CHANGES TO TERMS; CHOICE OF LAW; ARBITRATION; MISCELLANEOUS.

The Company may modify, update, or revise these Terms at any time, and revised Terms become effective when posted on the Website unless otherwise required by law. By continuing to use the Services after revised Terms are posted, you agree to the revised Terms.

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These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules, except to the extent federal law applies.

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Any dispute related to your use of the Website, the Services, or any purchase from the Company will first be subject to a good-faith informal resolution process through written notice. If the dispute cannot be resolved informally, it will be resolved by binding individual arbitration, except to the extent a claim may properly be brought in small claims court. Arbitration will be administered by the American Arbitration Association under its applicable consumer rules, unless the parties agree on another provider or the AAA is unavailable.

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You and the Company waive any right to participate in class actions, class arbitrations, or other representative proceedings to the maximum extent permitted by law. If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect. The Company may seek injunctive or equitable relief where appropriate. The prevailing party in any action arising from these Terms is entitled to recover reasonable attorneys’ fees and costs to the extent permitted by law.

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17. WEBSITE COOKIES AND PRIVACY.

The Website may use cookies and similar technologies to operate the site, remember preferences, analyze traffic, and support advertising, subject to the Company’s Privacy Policy and any cookie consent mechanisms made available on the site. Because cookie categories, providers, and retention periods may change over time, the operative details should be maintained in the Website’s live cookie notice or consent manager rather than hard-coded into these Terms.