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Terms of Service

Last updated May 9, 2026

Agreement to our legal terms

We are Spencer Scheffy, doing business as Warmly Written (“Company,” “we,” “us,” “our”), based in San Francisco, California, United States.

We operate the website at warmlywritten.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (collectively, the “Services”).

Warmly Written turns user-uploaded photos into AI-illustrated greeting cards with handwritten-style messages, printed and mailed to the recipient. The Services are available for personal use (cards for friends and family) and for business use (cards for clients, colleagues, and work contacts).

You can contact us by email at support@warmlywritten.com or by mail to Warmly Written, address available upon request, San Francisco, CA, United States.

These legal terms constitute a legally binding agreement made between you (whether personally or on behalf of an entity) and Spencer Scheffy, concerning your access to and use of the Services. By accessing the Services, you agree that you have read, understood, and agreed to be bound by all of these legal terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

We may update these legal terms from time to time. The modified legal terms will become effective upon posting on the Services or upon notifying you by email at the address on file, whichever comes first. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

1. Our services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Persons who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations such as HIPAA or FISMA, so if your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act.

2. Intellectual property rights

Our intellectual property

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

The Content and Marks are provided on an “AS IS” basis for your personal, non-commercial use or internal business purpose only. Except as set out in these legal terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without our express prior written permission.

Your submissions

By directly sending us any question, comment, suggestion, idea, or feedback about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, without acknowledgment or compensation to you.

You are solely responsible for what you post or upload, and you warrant that your Submissions are original to you or that you have the necessary rights to submit them and that they do not constitute confidential information.

3. User representations

By using the Services, you represent and warrant that:

  • All registration information you submit will be true, accurate, current, and complete;
  • You will maintain the accuracy of such information and update it as necessary;
  • You have the legal capacity and you agree to comply with these legal terms;
  • You are not a minor in the jurisdiction in which you reside, and you are at least 18 years old;
  • You will not access the Services through automated or non-human means;
  • You will not use the Services for any illegal or unauthorized purpose; and
  • Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account.

4. User registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Products

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details will be accurate, complete, reliable, current, or free of error, and your electronic display may not accurately reflect the actual product. All products are subject to availability. We reserve the right to discontinue any products at any time. Prices are subject to change.

6. Purchases and payment

We accept Visa, Mastercard, American Express, and Discover. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.

7. Return policy

Please review our Returns & Cancellations policy prior to making any purchases.

8. Prohibited activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s use of the Services.
  • Engage in any automated use of the system, such as using scripts to send messages, or using any data mining, robots, or similar tools.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access.
  • Reverse engineer or attempt to derive the source code of any software comprising the Services, except as permitted by applicable law.
  • Use the Services to advertise or offer to sell goods and services.
  • Sell or otherwise transfer your profile.
  • Upload images of people without their consent, especially minors.
  • Use the AI tools to generate content that misrepresents real people or depicts them in a defamatory, sexual, or harmful manner.
  • Upload only photos you have the right to use.
  • Use the Services to send unsolicited bulk or commercial mail to recipients without their prior consent.

9. User generated contributions

The Services do not offer users the ability to submit or post public content. Any photos, messages, or other materials you provide through the Services are processed solely for the purpose of fulfilling your order, in accordance with our Privacy Policy.

By providing any content to the Services, you represent and warrant that:

  • Your content does not infringe the proprietary rights of any third party.
  • You have the necessary rights, consents, releases, and permissions to use and authorize us to use your content for the purposes contemplated by the Services.
  • You have the consent of each identifiable individual in your content to use their name or likeness as contemplated by the Services.
  • Your content is not false, inaccurate, or misleading.
  • Your content is not unsolicited or unauthorized advertising, promotional materials, spam, or other forms of solicitation.
  • Your content is not obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or otherwise objectionable.
  • Your content does not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your content does not violate any applicable law, regulation, or rule.
  • Your content does not violate the privacy or publicity rights of any third party.
  • Your content does not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your content does not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.

Any use of the Services in violation of the foregoing violates these legal terms and may result in termination or suspension of your rights to use the Services.

10. Contribution license

You and Warmly Written agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your content. You retain full ownership of all of your content and any intellectual property rights or other proprietary rights associated with your content. We are not liable for any statements or representations in your content. You are solely responsible for your content and you expressly agree to exonerate us from any and all responsibility regarding your content.

11. Third-party websites and content

The Services may contain links to other websites (“Third-Party Websites”) and content originating from third parties (“Third-Party Content”). We are not responsible for any Third-Party Websites or Third-Party Content. If you decide to leave the Services and access them, you do so at your own risk and these legal terms no longer govern.

12. Services management

We reserve the right to monitor the Services for violations of these legal terms; to take appropriate legal action against anyone who violates the law or these legal terms; to refuse, restrict access to, or disable any of your contributions; to remove from the Services any files or content that are excessive in size or burdensome to our systems; and otherwise to manage the Services in a manner designed to protect our rights and property.

13. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these legal terms. The Services are hosted in the United States. If you access the Services from any other region of the world, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

14. Copyright infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please notify us at support@warmlywritten.com. You may be held liable for damages if you make material misrepresentations in such a notification.

15. Term and termination

These legal terms shall remain in full force and effect while you use the Services. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU PROVIDED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

16. Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime.

17. Governing law

These legal terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

18. Dispute resolution

Informal negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these legal terms (each a “Dispute”), you and we agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

Binding arbitration

If the parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitration will take place in San Francisco, California.

In no event shall any Dispute brought by either party related in any way to the Services be commenced more than one (1) year after the cause of action arose.

Restrictions

Any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to informal negotiations and arbitration

The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any Dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

19. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

20. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT.

21. Limitations of liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING, OR $100.00 USD. CERTAIN US STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

22. Indemnification

You agree to defend, indemnify, and hold us harmless, including our affiliates and our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these legal terms; (3) any breach of your representations and warranties set forth in these legal terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

23. User data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data.

24. Electronic communications, transactions, and signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

25. California users and residents

If any complaint with us is not satisfactorily resolved by contacting us at support@warmlywritten.com, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

26. Miscellaneous

These legal terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these legal terms shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision of these legal terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these legal terms or your use of the Services.

27. Contact us

For questions, complaints, or further information regarding use of the Services, please contact us at support@warmlywritten.com.