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Terms of Service
TERMS OF SERVICE
Sendawick
Last updated: [DATE]
1. Who we are
These Terms govern your use of Sendawick (the "Service"), operated by [FULL NAME], a sole proprietor registered in Hungary (registration number: [EV REGISTRATION NUMBER], tax number: [TAX NUMBER]), with registered seat at [ADDRESS, HUNGARY] ("we", "us", "Operator"). Contact: [SUPPORT EMAIL]. Hosting provider: Cloudflare, Inc., 101 Townsend St, San Francisco, CA 94107, USA.
2. What the Service does
The Service lets you create a personalised, animated greeting web page (a "Page") for an occasion such as a birthday, an anniversary or a declaration of love. You provide names, a short free-text message and optionally photos; the Service combines pre-designed templates with text written with the help of an artificial intelligence model (Anthropic Claude) to produce the Page. You receive a unique link to share with the person the Page is for (the "Recipient"). The Recipient may optionally send a short reply (for example "Yes") back to you through the Page.
3. Eligibility
You must be at least 18 years old and able to enter into a binding contract to purchase a Page. By ordering you confirm this. The Service is not directed at children. A Recipient may be of any age, but Content about a minor must comply with our Content Policy.
4. Ordering, price and payment (Merchant of Record)
Purchases are processed by our Merchant of Record, [MoR LEGAL NAME, e.g. Sold through Link, LLC (Lemon Squeezy) / Stripe Managed Payments] ("MoR"). The MoR is the seller of record for your purchase: it charges you, issues your invoice or receipt, collects and remits any applicable VAT or sales tax, and handles refunds and chargebacks under its own terms ([MoR TERMS URL]). Prices shown at checkout are final and include applicable taxes. No account is required; your order is linked to the e-mail address you provide.
5. Delivery, right of withdrawal and its loss (EU/EEA and UK consumers)
The Page is digital content that is not supplied on a tangible medium. Generation starts automatically as soon as payment is confirmed. Before paying you will be asked to tick a box stating that you request immediate performance and acknowledge that you thereby lose your 14-day right of withdrawal under Directive 2011/83/EU (Art. 16(m)) and the corresponding national law (in Hungary: Government Decree 45/2014, Section 29(1)(m)). We will confirm this in your order confirmation e-mail. If you do not tick the box you cannot complete the order. This does not affect your statutory rights where the Page is defective (see Section 11) or our voluntary Refund Policy ([REFUND POLICY URL]).
6. Link lifetime
Depending on the option you choose, the Page is available for [30] days from creation ("Standard") or for as long as the Service operates ("Lifetime"), unless it is removed earlier under Section 9 or at your or the Recipient's request. "Lifetime" means the operating life of the Service; we will give at least [90] days' notice by e-mail before discontinuing Lifetime Pages. After expiry, Pages and uploaded photos are deleted as described in our Privacy Policy.
7. Your Content and licence
"Content" means everything you provide (names, message, photos) and everything the Service generates for you. You keep any rights you have in your Content. You grant us a non-exclusive, worldwide, royalty-free licence to store, process (including through our AI and hosting providers), reproduce and display your Content solely to create, host and deliver your Page and to operate the Service. You may use your finished Page for personal, non-commercial purposes. We do not claim ownership of the generated text and make no promise that it is unique.
8. Your responsibilities and warranties
You confirm that: (a) you have the right to use every photo and text you upload; (b) every person shown in a photo or described in the Page has agreed, or you are otherwise entitled, to have their name, likeness and personal details used in this way; (c) you have a lawful basis to share the Recipient's personal data with us; (d) your Content complies with our Content Policy ([CONTENT POLICY URL]); and (e) you will not use the Service to harass, deceive, threaten or humiliate anyone. You are responsible for the Content you provide and for how you share the link.
9. Content rules, moderation and removal
We may use automated tools and human review to check Content against the Content Policy. We may refuse to generate, suspend or remove a Page, and may block the associated e-mail address, if we reasonably believe it breaches these Terms, the Content Policy or applicable law, or if the Recipient asks us to remove it. Where the law requires (including Regulation (EU) 2022/2065, the Digital Services Act), we will tell you the reasons and how to contest the decision. Anyone can report a Page at [REPORT EMAIL / report link]. Our single point of contact for authorities and users under the Digital Services Act is [CONTACT EMAIL].
10. Artificial intelligence
The personal text on your Page is generated by an AI language model from the details you provide and is then rendered into a template. AI text can contain mistakes or wording you do not like. Always review the preview before sharing. See our AI Disclosure ([AI DISCLOSURE URL]). We do not use your Content to train AI models, and our AI provider is contractually prohibited from doing so.
11. Conformity, defects and our liability
We will deliver the Page substantially as described. If the Page does not work (for example the link does not load or the animation is broken), tell us at [SUPPORT EMAIL]; we will fix it, regenerate it or, if that is not possible, refund you, in line with Directive (EU) 2019/770 and applicable national law. To the extent permitted by law, we are not liable for indirect or consequential loss, for the reaction of the Recipient, for Content you provide, for the temporary unavailability of third-party services (hosting, AI, payment), or for any amount above the price you paid. Nothing in these Terms excludes liability for death, personal injury, fraud, gross negligence or intent, or limits mandatory consumer rights in your country of residence.
12. Availability
We aim to keep the Service available but do not guarantee uninterrupted operation. We may change templates and features, and may discontinue the Service with reasonable notice as described in Section 6.
13. Privacy
Our Privacy Policy ([PRIVACY POLICY URL]) explains how we process your personal data and the Recipient's personal data. Please read it, and make sure the Recipient can find the "Notice for Recipients" linked from every Page.
14. Intellectual property of the Service
The templates, animations, code, design and branding of the Service belong to us or our licensors. You may not copy, resell or reverse-engineer them. Background music, fonts and other third-party assets are used under licences that permit their display in your Page only.
15. Termination
You may stop using the Service at any time and ask us to delete your Page. We may terminate your access for material breach of these Terms; any refund in that case is governed by the Refund Policy.
16. Changes to these Terms
We may update these Terms for legal, technical or business reasons. Changes apply to orders placed after the date of the new version. The version applicable to your order is the one in force when you paid; we will send it to you (or a link to it) with your order confirmation.
17. Governing law and disputes
These Terms are governed by Hungarian law, without prejudice to any mandatory consumer protection rules of the country where you habitually reside. Consumers resident in Hungary may turn to the conciliation body (békéltető testület) competent for their place of residence ([LIST or link to https://bekeltetes.hu]). Consumers in other EU countries may use the alternative dispute resolution bodies available in their country. Courts: the courts of Hungary or, for consumers, the courts of your country of residence where the law so provides.
18. Contact
[FULL NAME], [ADDRESS], [SUPPORT EMAIL]. Complaints are answered within 30 days.