Terms of Service

These terms are an agreement between Canary Canary LLC, 6 W 18th St, Suite 2C, New York, NY 10011, USA ("notecardHQ", "we", "us"), and the business that opens a notecardHQ workspace or uses our API or apps ("you"). notecardHQ is for businesses. These terms apply when you use the service: by creating a workspace, using an API key, or installing one of our apps, you accept them on behalf of your business, and you confirm you can bind it.

1. The service

We write the notes you send us with a real pen held by a robot, on cards, then address, stamp and mail them. You can send notes through our API, our web portal, a CSV list in the portal, or our apps for Shopify, HubSpot and Zapier. Features available to a workspace can differ (for example test keys, webhooks, scheduled sends and handwriting styles).

2. Your account

• You sign in with a one-time code sent to your email. Keep access to that mailbox secure; anyone who controls it can sign in.
• Keep your API keys secret. We store only a hash of each key, so we cannot show it to you again; create a new one if you lose it. You are responsible for notes sent with your keys until you tell us a key is compromised.
• New workspaces: your first 10 live notes are reviewed by our team before they are written, and a new workspace can send at most 200 live notes in any 24 hours. We may change these limits.
• We may suspend a workspace that breaks these terms or puts others at risk (section 4). We will tell you why unless the law or safety stops us.

3. Your content and your recipients

• You decide who receives a card and what it says. You confirm you have the right to send each card to each recipient, and that you have told recipients what the law requires (for example in your own privacy notice).
• You keep all rights in your note text, artwork and data. You give us permission to use them only to provide the service: to review, write, address and mail cards, and to show you proofs and status.
• Notes are up to 500 characters and must use characters our pens can write; we refuse what we cannot write and say why.
• US addresses are verified before we accept a note. International addresses are mailed as you send them, so check them.
• When you send us personal data about recipients, our Data Processing Addendum applies and forms part of these terms.

4. Acceptable use

You must not use notecardHQ to send:

• harassment, threats, intimidation, or anything meant to frighten or demean;
• hate speech or content that promotes violence;
• content that is unlawful or defamatory, or that impersonates someone;
• collection letters, legal notices, or anything presented as coming from a government, court or law firm when it does not;
• sexually explicit content;
• cards to people who have asked you (or us) to stop;
• anything that breaks postal rules.

Also, do not try to break into, overload or reverse-engineer the service, get around rate limits or review holds, or use another customer's workspace.

We read notes when reviewing them and may refuse or cancel any note we reasonably believe breaks this section. Cancelled notes are not charged.

5. Test keys

Test keys (mos_test_...) go through the same checks as live keys, but notes made with them are never written, mailed, reserved or charged. They move through statuses on a timer so you can test your integration. A live key (mos_...) creates a real card that is written, mailed and charged. Use test keys while building, and do not put real recipients' data in test notes unless you need to.

6. Prices and billing

Public prices are per card and all-in (card, handwriting, envelope and postage). They are set by how many live cards a workspace sends in a calendar month, New York time:

Each card is priced by its own place in the month (the 500th card of a month is the first at the Growth price). Test and cancelled cards do not count.

Prepaid balance. Self-serve workspaces pay in advance. You save a card with our payment processor, Whop, and add funds in refills of $100.00 of credit plus a $3.17 platform fee ($103.17 charged). When we accept a live note we reserve its price from your balance; we charge it when the card is mailed. If your balance is too low, we refuse new notes until you refill.

Other plans. Workspaces on a custom agreement (invoiced monthly, or other rates) follow that agreement where it differs from this section.

Taxes. Applicable taxes may be added.

Refunds. You can ask us to refund unused prepaid balance within 12 months of the refill that added it, by emailing inquiry@notecardhq.com. A refund covers the credit, not the platform fee charged with the refill. A note cancelled before it is written is never charged. Once written, a card cannot be un-written and is charged.

Price changes. We may change public prices with at least 30 days' notice by email and on our pricing page. Cards accepted before the change keep the price they were accepted at.

7. Delivery

We mail cards through the postal service. Once a card is mailed it is in the postal service's hands: we do not control and cannot guarantee delivery, delivery times, or the condition a card arrives in. "Mailed" in the portal and API means we handed it to the post, not that it was delivered.

If a card is lost or arrives damaged, or we wrote it wrong, tell us within 60 days of the date it was mailed and we will rewrite and resend it once, free of charge. We do not resend undeliverable cards automatically.

8. Cancelling notes

You can cancel a note in the portal until it has been written (statuses scheduled, drafting, needs review or created). Its reserved price goes back to your balance. Where your workspace has scheduled sends, scheduled notes can also be edited or rescheduled until they are released into production, two business days before their mail date. The API has no separate cancel call; cancel in the portal.

9. Third-party platforms

Our Shopify, HubSpot and Zapier apps connect your account on those platforms to your notecardHQ workspace. Your use of those platforms is governed by their terms. We are not responsible for their outages or changes. Uninstalling one of our apps stops new cards from it; cards already sent to notecardHQ stay in your workspace until you cancel them or they are mailed.

10. Availability and changes

We work to keep notecardHQ available but do not promise uninterrupted service. We may change or remove features; if a change materially reduces what you paid for, you can close your workspace and get a refund of your unused balance.

11. Confidentiality and data

We keep your non-public business information confidential and use it only to provide the service. Our Privacy Policy explains how we handle personal data, and our DPA covers the recipient data we process for you.

12. Warranties

We will provide the service with reasonable skill and care. Apart from that, the service is provided "as is". To the extent the law allows, we disclaim all other warranties, including merchantability, fitness for a particular purpose and non-infringement. Handwriting is made by machine with a real pen; small variations between cards are expected and are not defects.

13. Limits on liability

To the extent the law allows:

• Neither of us is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if warned.
• Each party's total liability arising out of these terms is limited to the fees you paid us in the 12 months before the event giving rise to the claim.
• These limits do not apply to your payment obligations, to either party's breach of section 4 or of confidentiality, to your indemnity in section 14, or to liability the law does not allow us to limit.

14. Indemnity

You will defend and indemnify us against third-party claims arising from the content you send, the recipients you choose, or your breach of section 4, and pay the resulting costs and damages a court awards or you agree to in a settlement.

15. Term and ending

These terms last while you have a workspace. You can close your workspace at any time by emailing inquiry@notecardhq.com. We can end them with 30 days' notice, or at once if you seriously break them. On ending, notes not yet written are cancelled and not charged, and we handle your data as our Privacy Policy and DPA say.

16. Law and disputes

These terms are governed by the laws of the State of New York, without regard to its conflict-of-law rules. Any dispute goes to the state or federal courts located in New York County, New York, and both parties agree to their jurisdiction.

17. General

These terms, with the DPA and any order form or agreement we sign with you, are the whole agreement on this subject. If one part is unenforceable, the rest still applies. Not enforcing a term is not a waiver. You may not assign these terms without our consent, except to a successor of your business; we may assign them to a successor of ours. Neither party is liable for delays caused by events outside its reasonable control, including postal disruptions. We may update these terms by posting the new version here and emailing customers at least 30 days before material changes take effect.

18. Contact

Canary Canary LLC (notecardHQ)
6 W 18th St, Suite 2C, New York, NY 10011, USA
inquiry@notecardhq.com

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