Terms of Service — DRAFT
This is a non-lawyer starting draft. It is modeled on common SaaS ToS patterns but is not legal advice and has not been reviewed by counsel. Do not publish or link to this document from the live app until a lawyer has reviewed and revised it. Jurisdictions vary; consumer-facing apps with paid products have particular requirements around cancellation, refunds, and dispute resolution that must be reviewed case by case.
Welcome to carddroper ("carddroper", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of carddroper's website, applications, and related services (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms.
1. Your Account
1.1 Eligibility. You must be at least 13 years old (or the minimum age required in your country) to use the Service. If you are under 18, you represent that you have your parent's or legal guardian's permission.
1.2 Registration. You must provide a valid email address and choose a password. You are responsible for keeping your credentials confidential and for all activity that occurs under your account.
1.3 Email verification. You must verify your email address before you can purchase credits, subscribe, or send communications through the Service. Unverified accounts have limited access.
1.4 One account per person. You may not create multiple accounts to evade usage limits, pricing, or enforcement actions.
2. Your Content
2.1 Ownership. You retain all rights to the content you create, upload, or transmit through the Service ("Your Content"), including any text, images, and recipient information.
2.2 License to us. You grant carddroper a worldwide, non-exclusive, royalty-free license to host, store, transmit, and display Your Content solely for the purpose of providing the Service to you.
2.3 Your responsibility. You are responsible for Your Content and for ensuring it complies with applicable law, including copyright, trademark, and privacy laws, and that you have permission to send communications to any recipient you specify.
3. Acceptable Use
You agree not to use the Service to:
- send unlawful, harassing, defamatory, or fraudulent content;
- send unsolicited commercial email or other messages that violate CAN-SPAM, CASL, GDPR, or other anti-spam laws;
- impersonate any person or entity;
- infringe any intellectual property or privacy right;
- transmit malware, phishing links, or other harmful code;
- attempt to reverse-engineer, scrape, or disrupt the Service; or
- use the Service to resell communications without our written consent.
Violations may result in suspension, termination, and forfeiture of any prepaid credits.
4. Payments and Credits
4.1 Credits. The Service uses prepaid credits purchased through our payment processor (Stripe). One credit entitles you to one "send" (the unit of paid action, as defined in the Service). Unused credits remain on your account and do not expire.
4.2 Subscriptions. Optional subscription tiers include a monthly allotment of credits. When you exhaust your monthly allotment, additional sends will draw from any prepaid credits you have. If you have no prepaid credits, additional sends will fail until you top up or your next billing period resets.
4.3 Billing. Subscriptions renew automatically until cancelled. You authorize us (via Stripe) to charge the payment method on file at each renewal until you cancel.
4.4 Refunds. Prepaid credits are generally non-refundable. Subscription charges are non-refundable except where required by law. You may cancel a subscription at any time; access continues through the end of the current billing period.
4.5 Price changes. We may change prices from time to time. Existing subscribers will receive at least 30 days' notice before any increase takes effect.
4.6 Taxes. Prices are exclusive of applicable taxes unless stated otherwise. Where we are required to collect tax, it will be added to your invoice.
5. Service Availability and Changes
We do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue any part of the Service at any time. Where reasonably practicable, we will give notice of material changes.
6. Termination
6.1 By you. You may close your account at any time. Closing your account does not entitle you to a refund of prepaid credits or past subscription fees.
6.2 By us. We may suspend or terminate your account if you violate these Terms, if required by law, or if your activity poses a risk to the Service or other users. We will attempt to give notice where reasonably practicable.
6.3 Effect. Upon termination, your right to access the Service ends. Sections that by their nature should survive (intellectual property, payments already made, disclaimers, limitation of liability, indemnity, and dispute resolution) will survive.
7. Disclaimers
The Service is provided "as is" and "as available". To the fullest extent permitted by law, carddroper disclaims all warranties, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will meet your requirements, be uninterrupted, secure, or error-free.
8. Limitation of Liability
To the fullest extent permitted by law, in no event shall carddroper or its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenue, arising out of or related to your use of the Service.
Our aggregate liability to you for any claim arising out of or related to these Terms or the Service shall not exceed the greater of (a) the amount you paid carddroper in the 12 months preceding the event giving rise to the claim, or (b) USD $100.
9. Indemnity
You agree to indemnify and hold harmless carddroper and its affiliates, officers, employees, and agents from any claim, liability, damage, loss, or expense (including reasonable attorneys' fees) arising out of Your Content, your use of the Service, or your violation of these Terms or applicable law.
10. Governing Law and Disputes
[To be decided with counsel — typically names a specific state/country's law and specifies arbitration vs. courts. For US SaaS, Delaware or California is common; for EU users, mandatory consumer protections may override.]
11. Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms with a new "Last Updated" date and, for material changes, notify you by email or in-app notice. Continued use of the Service after changes take effect constitutes acceptance.
12. Contact
Questions about these Terms: [legal@carddroper.com — placeholder]
Drafting notes (remove before publication)
Items that must be finalized with a lawyer:
- Governing law and dispute resolution (arbitration clause, class-action waiver, venue).
- Consumer-protection compliance by jurisdiction (EU, UK, California, etc.).
- Refund policy alignment with Stripe requirements and consumer law.
- Any data-processing language required by GDPR / CCPA.
- CAN-SPAM / CASL compliance for a service that sends email.
- Age-gating language (COPPA if we'll knowingly collect data from under-13s).
- Apple and Google in-app purchase boilerplate (if and when the mobile app ships with IAP).