CELEBRATEFUL - TERMS OF SERVICE

1. Who Can Use Celebrateful

• You must be at least 13 years old to use Celebrateful.
• If you are between the ages of 13 and the legal age of majority in your country (e.g., 18), you may only use the app under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

By using Celebrateful, you represent and warrant that:

• You meet the age requirements above.
• You are not barred from using our services under applicable law.
• You have not been previously suspended or removed from our services.
• If you are using Celebrateful on behalf of a business or other entity, you are authorized to agree to these Terms on that entity's behalf.

2. Your Account

To use most features, you'll need an account. You agree to:

• Provide accurate and current information.
• Keep your account password and login credentials secure. You are responsible for all activity that occurs on your account.
• Notify us immediately at hello@celebrateful.com if you suspect any unauthorized use of your account.

We reserve the right to suspend or terminate your account if you violate these Terms, or if it remains inactive for an extended period. You can delete your account at any time in the app's settings.

3. Acceptable Use of the Service

Celebrateful is a place for positive connection. You are solely responsible for your conduct on the app. You agree not to:

• Post any content that is illegal, harmful, harassing, hateful, defamatory, obscene, or otherwise objectionable.
• Post content that infringes on anyone's intellectual property rights (like copyright or trademark) or rights of privacy or publicity.
• Impersonate any person or entity, or misrepresent your affiliation with them.
• Harass, bully, threaten, or intimidate other users.
• Share anyone's private information without their explicit consent.
• Use the app for commercial solicitation, "spam," or to send unsolicited messages.
• Upload viruses, malicious code, or anything that could disrupt, damage, or limit the functionality of our services.
• Attempt to scrape, reverse engineer, decompile, or copy our technology or content.
• Use our services for any illegal or unauthorized purpose.

We reserve the right to remove content and suspend or terminate accounts that violate these rules, with or without notice.

4. In-App Purchases & Gift Cards

The Service allows you to purchase digital goods, such as premium cards or digital gift cards ("Products") provided by third-party merchants ("Merchants").

• Payment: All payments are processed through third-party payment processors (like Apple or Google). You agree to provide accurate and current payment information and to pay all charges incurred.
• Third-Party Merchants: The Products (like gift cards) are issued and managed by the Merchants, not Celebrateful. The Merchant is solely responsible for redeeming the gift card and for the goods or services you purchase with it. Any issues with a Merchant's products or services must be directed to the Merchant.
• No Refunds: All purchases of digital goods and gift cards are final and non-refundable, unless otherwise required by applicable law.
• Risk of Loss: Title and risk of loss for digital Products pass to you upon delivery. We are not responsible for lost or stolen Products.

5. Content and Intellectual Property

Your Content:

• You own all of the content (like photos, notes, and videos) you post on Celebrateful ("User Content").
• However, by posting User Content, you grant Celebrateful a non-exclusive, royalty-free, worldwide, transferable, sublicensable license to use, host, store, reproduce, modify, display, and distribute your User Content for the limited purpose of operating, developing, and providing our services. For example, we need this license to show your card to the recipient you choose.

Our Content:

Except for User Content, all other content on our service, including our branding, logos, designs, software, and source code ("Celebrateful Content"), is the exclusive property of Dreamfire Studio LLP and our licensors. You agree not to copy, modify, distribute, sell, or lease any part of our service or Celebrateful Content without our prior written permission.

Feedback:

We love hearing from you! If you provide us with feedback or suggestions ("Feedback"), you grant us the right to use that Feedback for any purpose, without any compensation or obligation to you.

6. Copyright Policy (DMCA)

We respect intellectual property rights. If you believe your copyrighted work has been copied in a way that constitutes copyright infringement, please notify us by sending the following information to hello@celebrateful.com with the subject line "DMCA Takedown Request":

• Your physical or electronic signature.
• Identification of the copyrighted work you claim has been infringed.
• Identification of the infringing material and where it is located on our service.
• Your contact information (address, phone number, and email).
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.

We have a policy of terminating the accounts of repeat infringers in appropriate circumstances.

7. Mobile App Terms (Apple & Google)

If you access Celebrateful through a mobile app, these terms apply:

• Apple App Store: This agreement is between you and Celebrateful only, not with Apple, Inc. ("Apple"). Apple is not responsible for our app or its content. Apple has no obligation to provide maintenance or support. In the event of any failure to conform to a warranty, you may notify Apple for a refund of the purchase price, if any. Apple is a third-party beneficiary of these Terms and has the right to enforce them against you.
• Google Play Store: This agreement is between you and Celebrateful only, not with Google, Inc. ("Google"). Your use of our app must comply with Google's then-current Google Play Terms of Service. Google is not responsible for our app. Google is a third-party beneficiary of these Terms and has the right to enforce them against you.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL ALWAYS BE SAFE, SECURE, ERROR-FREE, OR THAT IT WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CELEBRATEFUL AND ITS AFFILIATES, DIRECTORS, AND EMPLOYEES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR USE OF THE SERVICE; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

10. Indemnification

You agree to indemnify, defend, and hold harmless Celebrateful and its affiliates, directors, officers, and employees from any claim, demand, loss, damages, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your User Content, your use of the service, or your violation of these Terms.

11. Dispute Resolution, Governing Law, and Arbitration

Governing Law:

These Terms and any dispute that arises between you and Celebrateful will be governed by the laws of India, without regard to conflict of law provisions. The courts in Pune, Maharashtra, India will have exclusive jurisdiction.

Arbitration Agreement (For Users in the United States):

• You and Celebrateful agree to resolve any claims relating to these Terms or our service through final and binding arbitration, except as noted below.
• Class Action Waiver: YOU AND CELEBRATEFUL 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 OR REPRESENTATIVE PROCEEDING.
• Exceptions: Either party may bring a lawsuit in court for claims of intellectual property infringement or to seek injunctive relief.
• Notice of Dispute: Before filing for arbitration, you must first send a written Notice of Dispute to us at hello@celebrateful.com. We will attempt to resolve the dispute informally. If not resolved within 60 days, either party may begin arbitration.

12. General Terms

• Changes to Terms: We may modify these Terms from time to time. If we make a material change, we will notify you through the app or by email. Your continued use of the service after the changes become effective constitutes your acceptance of the new Terms.
• Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and Celebrateful.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
• Assignment: You may not assign any of your rights under these Terms, but we may assign our rights without restriction.

13. Contact Us

If you have any questions about these Terms, please contact us. We're here to help.

📧 hello@celebrateful.com

📍 Tower 5, Dreamfire Studio LLP, World Trade Center, MIDC KNOWLEDGE PARK, Thite Nagar, Kharadi, Pune, Maharashtra 411014, India

Thanks for being here. Go celebrate something (or someone) today! 🫶