Terms of Service

1. Acceptance of Terms

By accessing and using WellSent ("the Service"), you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these terms, please do not use the Service.

2. Description of Service

WellSent is a service that helps you remember and celebrate important dates by:

• Connecting to your Google Calendar to identify birthdays and anniversaries
• Facilitating the sending of personalized greeting cards
• Sending email reminders for upcoming events
• Helping you stay connected with friends and family

3. User Accounts

You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.

4. Google Calendar Access

By connecting your Google Calendar, you grant WellSent read-only access to your calendar events. We will:

• Only access events that appear to be birthdays or anniversaries
• Never modify or delete your calendar events
• Store calendar data securely and use it only for the Service's intended purpose
• Allow you to disconnect your calendar at any time

5. User Content and Responsibility

When using WellSent to send cards and messages, you acknowledge and agree that:

• YOU ARE SOLELY RESPONSIBLE for all content, messages, and cards you send using the Service
• YOU MUST review and approve all messages before sending them
• WELLSENT IS NOT LIABLE for any offensive, inappropriate, inaccurate, or harmful content you send
• YOU ASSUME ALL RISK and liability for any messages or cards sent using the Service
• You are responsible for ensuring your messages comply with all applicable laws and regulations

6. Prohibited Uses

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Send spam, harassment, or inappropriate content through the Service
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers
• Use the Service to send fraudulent or misleading messages

7. Fees and Payment

WellSent may offer both free and paid services. Any fees for paid services will be clearly disclosed before you commit to a purchase. All fees are non-refundable unless otherwise stated.

8. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, with or without notice. You may also terminate your account at any time by discontinuing use of the Service and requesting account deletion.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT OR FEATURES
• WARRANTIES THAT REMINDERS OR NOTIFICATIONS WILL BE DELIVERED ON TIME OR AT ALL
• WARRANTIES THAT CARDS OR MESSAGES WILL BE DELIVERED SUCCESSFULLY
• WARRANTIES REGARDING THIRD-PARTY SERVICES (Google Calendar, email delivery, etc.)

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• IN NO EVENT SHALL WELLSENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS
• WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO THIRD-PARTY SERVICE FAILURES (Google, email providers, AI services)
• WE ARE NOT LIABLE FOR ANY DAMAGES ARISING FROM: (A) YOUR USE OR INABILITY TO USE THE SERVICE, (B) UNAUTHORIZED ACCESS TO YOUR DATA, (C) BUGS, VIRUSES, OR OTHER HARMFUL CODE, (D) CONTENT OR CONDUCT OF THIRD PARTIES, OR (E) ANY CONTENT YOU SEND USING THE SERVICE

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless WellSent, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney's fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms of Service
• Your violation of any third-party rights, including privacy, publicity, or intellectual property rights
• Any content you send using the Service, including AI-generated messages you approve and send
• Any claim that content you sent caused damage to a third party

12. No Professional Relationship or Advice

WellSent is a convenience tool only. We do not provide professional, legal, or relationship advice. Any suggestions or content generated by the Service should not be relied upon as professional guidance. You are solely responsible for your relationships and communications.

13. Third-Party Services

The Service integrates with third-party services (Google Calendar, email providers, payment processors, etc.). WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY, ACCURACY, OR RELIABILITY OF ANY THIRD-PARTY SERVICES. Your use of third-party services is subject to their respective terms and conditions.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

15. Changes to Terms

We reserve the right to modify these terms at any time. We will notify users of any material changes. Your continued use of the Service after such modifications constitutes acceptance of the updated terms.

16. Contact Information

For questions about these Terms of Service, please contact us at: legal@wellsent.app

17. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION'S RULES, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. YOU WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.