Terms of Service

You must provide accurate and complete information when creating your account. You agree to keep your contact information up to date. You are responsible for maintaining the confidentiality of your password and for all activity that occurs under your account.

Each individual may maintain only one active MomentSent account. Duplicate accounts created to circumvent subscription limits, referral rewards, or trial periods are prohibited and may be terminated without refund.

You agree to notify us immediately at hello@momentsent.com if you suspect unauthorized use of your account. MomentSent is not liable for any loss resulting from unauthorized use of your account.

New accounts receive a 14-day free trial. No credit card is required to begin the trial. At the end of the trial, your account will be downgraded and card sending will pause unless you subscribe to a paid plan.

Paid plans are billed monthly or annually as selected at checkout. All prices are in US dollars and are subject to applicable taxes. Current pricing is available at momentsent.com/pricing. We reserve the right to change pricing with 30 days' notice.

Subscriptions automatically renew at the end of each billing period. By subscribing, you authorize MomentSent (via Stripe) to charge your payment method on file at the then-current renewal price. You may cancel auto-renewal at any time; cancellation takes effect at the end of the current billing period.

If a payment fails, we will attempt to collect it up to three times over seven days. If payment cannot be collected, your account will be suspended and card sending will pause until payment is resolved. You remain responsible for any outstanding balance.

Because our service triggers physical card printing and postage, we generally cannot offer refunds once a card has been submitted to a fulfillment partner. However, if a card fails to deliver due to a MomentSent error (e.g., a vendor-side printing defect), we will reprint and reship or issue a credit at our discretion. Refund requests must be submitted within 30 days of the scheduled send date to hello@momentsent.com.

When a person you referred makes their first successful subscription payment, a $7.99 Stripe balance credit is applied to your account and automatically deducted from your next invoice. Credits are issued to the referring account only. Credits have no cash value, are non-transferable, and expire if your account is closed.

Each subscription plan includes a yearly allowance of folded cards, with printing and first-class postage included: 12 cards/year on the Thoughtful plan, 24 cards/year on the Connected plan, and 48 cards/year on the Premium plan. Annual subscribers receive their full yearly allowance at the start of each subscription year. Monthly subscribers accrue their allowance over the year, and unused cards carry forward up to the plan's annual amount.

If you send more cards than your plan's yearly allowance, each additional card is billed at a flat $5.99. Overage charges are added to your next Stripe invoice. International surcharges, where applicable, may also apply. The general refund policy in Section 5.5 applies to overage charges in the event of a vendor-side production error.

Premium plan subscribers may send a card to any of their contacts at any time using the Send Now feature, without creating a scheduled occasion. The following terms apply to all Send Now sends:

• The card is dispatched to the fulfillment vendor immediately upon your confirmation. No editing or cancellation is possible after you click "Send card."
• Send Now cards count toward your plan's yearly card allowance. If you are over your allowance, the card is billed at the flat $5.99 overage rate described in Section 5.7.
• International surcharges apply to Send Now cards in the same manner as scheduled cards.
• Because Send Now cards are dispatched immediately, refunds are not available except in the event of a vendor-side production or printing error, in which case the refund policy in Section 5.5 applies.

You are solely responsible for the accuracy of recipient names and mailing addresses you enter. MomentSent is not liable for cards that fail to deliver due to incorrect, incomplete, or outdated addresses you provide. We offer address verification as a convenience; verification does not guarantee deliverability.

By submitting card messages, photos, or other content through the Service, you represent that:

• You own or have the right to use the content (including any photos).
• The content does not infringe any third-party intellectual property rights.
• The content is not defamatory, obscene, threatening, discriminatory, or otherwise unlawful.
• You have the recipient's consent where required by applicable law.

MomentSent reserves the right to refuse to print or mail any card whose content we determine, at our sole discretion, violates these Terms or applicable law.

By adding a recipient to your account, you represent that you have a genuine personal relationship with that individual and that mailing a physical card to them is consistent with that relationship. You may add the mailing address of a minor (for example, a child's birthday) provided that you are the parent, legal guardian, or otherwise have the authority to send mail to that individual on behalf of the relationship you represent.

Recipient addresses are provided by you, an adult account holder, and are not collected directly from recipients. MomentSent does not knowingly solicit, receive, or process personal information from children under 13 acting as users of the Service.

If a recipient contacts MomentSent requesting that no further mail be sent to their address, we will notify you by email and disable future mailings to that contact in your account. You are responsible for maintaining an appropriate relationship with each recipient and for promptly honoring any request to stop receiving cards.

MomentSent is not liable for any claim brought by a recipient arising from your use of the Service to send cards to that recipient, including claims under anti-harassment, privacy, or postal laws. Your indemnification obligations under Section 12 apply fully to such claims.

You agree not to use the Service to:

• Send unsolicited communications (spam) to individuals you do not have a genuine personal relationship with.
• Harass, stalk, or threaten any person.
• Impersonate any individual or entity.
• Circumvent any security feature or access controls.
• Resell or commercially exploit the Service without our written consent.
• Use automated tools (bots, scrapers) to access the Service.
• Violate any applicable local, state, national, or international law or regulation.

The Service, including its design, software, card templates, and all related intellectual property, is owned by MomentSent LLC or its licensors. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use it as described herein.

You retain ownership of all content you upload to the Service (messages, photos). By submitting content, you grant MomentSent a limited, non-exclusive, royalty-free license to use, reproduce, and transmit that content solely as necessary to provide the Service (e.g., to print and mail your card). We will never use your content for advertising or share it with third parties except as required to fulfill your card orders.

You may close your account at any time by contacting hello@momentsent.com or through account settings. Closing your account cancels your subscription at the end of the current billing period. We do not pro-rate partial months.

We may suspend or terminate your account immediately, without notice, if we determine you have violated these Terms, including but not limited to sending prohibited content, creating duplicate accounts to abuse trials or referrals, or engaging in fraudulent payment activity. We reserve the right to refuse service to anyone for any reason not prohibited by law.

Upon termination, your right to use the Service ceases immediately. Sections 8, 10, 11, 12, 14, and 15 survive termination. Cards already submitted to fulfillment partners at the time of termination may still be sent.

Before initiating any formal dispute process, you agree to contact MomentSent at hello@momentsent.com with a written description of the dispute, the relief sought, and your contact information. Both parties agree to negotiate in good faith for at least 30 days. This informal resolution requirement is a condition precedent to arbitration or any other legal proceeding.

If the dispute is not resolved through informal negotiation, you and MomentSent agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including questions about the existence, validity, interpretation, breach, or termination of these Terms, through final and binding individual arbitration, rather than in court.

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at adr.org. If the AAA is unavailable or unwilling to administer the arbitration, the parties shall agree on an alternative arbitration provider. The arbitration shall be conducted in English, and the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

For claims under $10,000 USD, arbitration may be conducted by telephone, video conference, or written submissions at the election of the party bringing the claim, unless the arbitrator finds that an in-person hearing is necessary. For claims over $10,000, the location of any in-person hearing shall be Onslow County, North Carolina, or such other location mutually agreed upon by the parties.

The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, including whether it is void or voidable, except that a court shall decide any challenge to the class action waiver in Section 15.4.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules. MomentSent will pay arbitration costs for claims that do not exceed $10,000, provided the claim is not frivolous. For claims exceeding $10,000, arbitration costs will be shared equally unless the arbitrator determines otherwise based on applicable rules.

YOU AND MOMENTSENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.

IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THEN THAT CLAIM SHALL BE SEVERED FROM THE ARBITRATION AND PROCEED IN COURT, SUBJECT TO YOUR AND MOMENTSENT'S RIGHT TO APPEAL THE FINDING OF UNENFORCEABILITY. ALL OTHER CLAIMS SHALL REMAIN IN ARBITRATION.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO A JURY TRIAL FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within that court's jurisdiction. Either party may also seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information, without first engaging in arbitration or the informal dispute-resolution process.

You have the right to opt out of this arbitration agreement by sending written notice to hello@momentsent.com within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

These Terms and any disputes not subject to arbitration are governed by the laws of the State of North Carolina, without regard to its conflict-of-law provisions. Any legal action that proceeds to court (including small claims and injunctive relief) shall be brought exclusively in the state or federal courts located in Onslow County, North Carolina, and you consent to personal jurisdiction in those courts.

These Terms, together with our Privacy Policy and any additional terms you agree to when using specific features, constitute the entire agreement between you and MomentSent regarding the Service.

We may update these Terms from time to time. Material changes will be communicated by email or in-app notice at least 14 days before taking effect. Continued use of the Service after the effective date constitutes acceptance.

If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remainder of the Terms shall remain in full force.

MomentSent's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

You may not assign your rights or obligations under these Terms without our prior written consent. MomentSent may assign these Terms in connection with a merger, acquisition, or sale of assets.

MomentSent LLC
P.O. Box 342
Hubert, NC 28539
hello@momentsent.com

You opt in to the SMS program when you provide your mobile phone number and check the SMS consent box during account signup, which states that you agree to receive SMS reminders about your scheduled card mailings from MomentSent. You may also opt in by texting START to our messaging number. By opting in, you consent to receive recurring automated text messages at the number provided. Consent is not a condition of purchase.

Message frequency varies based on the number of occasions and contacts in your account. Message and data rates may apply. Your mobile carrier's standard messaging, data, and other charges will apply to each message sent or received, in accordance with your wireless plan. MomentSent does not impose a separate charge for SMS messages.

You can cancel the SMS program at any time by texting STOP to our messaging number. After you send STOP, we will send a one-time confirmation message and you will no longer receive SMS messages from us. You may rejoin at any time by texting START. You may also opt out of additional message types such as STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT.

For help with the SMS program, text HELP to our messaging number or email hello@momentsent.com.

The SMS program is available on most major U.S. wireless carriers. Carriers are not liable for delayed or undelivered messages. Message delivery is subject to the effective transmission from your wireless carrier and is outside MomentSent's control. Carrier support may change without notice.

Mobile information collected for the SMS program is handled in accordance with our Privacy Policy. We do not sell or share mobile opt-in data or phone numbers with third parties or affiliates for their marketing purposes. Phone numbers are shared only with our SMS provider (Twilio) solely to deliver the messages you have requested.