The fine print behind the oops.

1. Agreement to These Terms

These Terms of Service ("Terms") form an agreement between you and Send An Oops ("Send An Oops," "we," "us," or "our") governing your access to and use of our website, products, accounts, subscriptions, ordering tools, personalized content, AI-assisted features, QR-code features, and related services (collectively, the "Services").

By creating an account, placing an order, purchasing a subscription, or otherwise using the Services, you agree to these Terms.

If you do not agree to these Terms, you should not use the Services.

These Terms also incorporate our Privacy Policy, Cookie Policy, and Acceptable Use Policy.

2. Eligibility

You must be legally capable of entering into a binding contract in your jurisdiction to make purchases or create a paid account through Send An Oops.

If you use Send An Oops on behalf of a business or other organization, you represent that you have authority to bind that organization to these Terms.

3. Our Services

Send An Oops helps customers create and send personalized experiences for moments when a gift is late, delayed, forgotten, still on the way, or otherwise did not arrive when expected.

Depending on availability, our Services may include:

• Personalized printed cards.
• Physical products and packaging.
• Gift-delay or "coming soon" experiences.
• Personalized messages.
• AI-assisted message creation.
• QR-linked video or digital content.
• Shipping and delivery services.
• User accounts.
• Paid subscriptions.
• Promotional or referral programs.
• Other features we may introduce.

We may add, modify, limit, or discontinue features from time to time.

4. Accounts

Certain features may require a Send An Oops account.

You agree to provide accurate and current account information and to keep that information updated.

You are responsible for:

• Maintaining the confidentiality of your login credentials.
• Activities performed through your account unless caused by circumstances for which you are not legally responsible.
• Promptly notifying us if you believe your account has been accessed without authorization.

You may not sell, transfer, impersonate another person through, or knowingly provide unauthorized access to your account.

5. Orders & Personalization

When you submit an order, you are responsible for reviewing the order before purchase.

This includes confirming:

• Recipient name.
• Recipient address.
• Sender information.
• Card wording.
• Spelling and punctuation.
• Selected product.
• Card size or format.
• Uploaded images or other content.
• QR-code destination.
• Shipping method.
• Any other personalization selections.

The preview displayed by our website is intended to provide a reasonable representation of the finished product. Minor differences in colour, positioning, cropping, printing, paper, screen rendering, or other production characteristics may occur.

An order is not guaranteed until payment has been successfully processed and we accept the order.

We reserve the right to reject or cancel an order where reasonably necessary, including where the order violates these Terms or our Acceptable Use Policy, appears fraudulent, contains prohibited content, contains an obvious pricing error, or cannot reasonably be fulfilled.

6. Pricing, Payments & Taxes

Prices are displayed on the website before checkout and may change from time to time.

The total amount payable may include:

• Product charges.
• Personalization or add-on charges.
• Subscription charges.
• Shipping charges.
• Applicable taxes.
• Other clearly disclosed charges.

Payment processing

Payments may be processed by Stripe or another third-party payment processor.

By submitting a payment method, you authorize the applicable charges shown to you at checkout.

You represent that you are authorized to use the payment method submitted.

Pricing errors

If a product or Service is mistakenly listed at an incorrect price, we may cancel the affected order and refund amounts actually paid for the cancelled item or Service.

7. Subscriptions & Renewals

Some Send An Oops features may be offered as recurring subscriptions.

The subscription price, billing frequency, included benefits, and any applicable trial terms will be displayed before you subscribe.

Automatic renewal

If you purchase an automatically renewing subscription, your subscription will continue and the payment method on file may be charged at each renewal period until you cancel, except where otherwise required by applicable law.

Cancellation

You may cancel an automatically renewing subscription through the cancellation method provided in your account or by contacting us.

Unless otherwise stated at purchase or required by law, cancellation prevents future renewal charges and your subscription benefits continue through the end of the already paid billing period.

Price changes

Subscription prices may change. Where required, we will provide notice before a new price applies to a future renewal.

8. Cancellations, Returns & Refunds

Personalized orders

Many Send An Oops products are personalized or produced specifically for you.

Once production of a personalized item has begun, we may be unable to modify or cancel the order.

Personalized products may not be eligible for return or refund merely because you changed your mind, except where required by applicable law.

Cancellation requests

If you contact us before production or fulfillment begins, we may be able to cancel or modify an order. We do not guarantee that a cancellation request can be completed before production.

Our mistakes

If an item arrives materially damaged, contains a production error caused by us, or is materially different from the order you submitted, contact us as soon as reasonably possible.

After reviewing the issue, we may provide an appropriate remedy such as a replacement, reprint, account credit, or refund, subject to applicable law.

Customer-provided information

We are generally not responsible for mistakes that were present in the information or content you approved or submitted, including incorrect addresses, spelling errors, incorrect names, inappropriate uploaded content, or incorrect QR destinations.

Nothing in this section limits any non-waivable rights or remedies available to you under applicable consumer protection law.

9. Shipping & Delivery

Delivery estimates are estimates, not guaranteed delivery dates, unless we expressly state otherwise.

Orders may be delivered through Canada Post, Stallion Express, or other postal, courier, fulfillment, or shipping providers.

Once a shipment is transferred to a carrier, delivery may be affected by circumstances outside our reasonable control, including:

• Carrier delays.
• Weather.
• Incorrect or incomplete addresses.
• Customs processing.
• Service disruptions.
• Labour disputes.
• Holiday volume.
• Natural disasters.
• Recipient availability.

You are responsible for providing an accurate and deliverable shipping address.

If a shipment is returned because of an incorrect address, refusal, unsuccessful delivery, or similar issue outside our control, additional shipping charges may apply before the order can be resent.

Late gifts

Some Send An Oops products are specifically intended to help explain that another gift or item is delayed. We do not control or guarantee the arrival of a separate gift purchased from another retailer, marketplace, or seller.

10. Promotions & Referral Programs

We may offer discount codes, account credits, referral rewards, promotional pricing, trials, or similar programs.

Unless expressly stated otherwise:

• Promotions have no cash value.
• Promotions cannot be resold.
• Multiple promotions may not be combinable.
• Promotions may have expiration dates.
• Promotions may be limited to particular customers, regions, products, or orders.

You may not create duplicate or fraudulent accounts, make self-referrals, manipulate transactions, or otherwise abuse a promotional or referral program.

We may withhold or reverse rewards obtained through fraud, misuse, or violation of applicable promotion rules.

11. Your Content

"Your Content" includes messages, names, images, videos, audio, graphics, logos, QR destinations, URLs, prompts, files, designs, and other information you submit through the Services.

You retain ownership of Your Content to the extent you already own it.

You grant Send An Oops a non-exclusive license to host, store, reproduce, modify as technically necessary, print, process, transmit, and display Your Content solely as reasonably necessary to:

• Provide the Services.
• Create your requested products.
• Fulfill your order.
• Provide digital or QR-linked features.
• Provide customer support.
• Maintain security and prevent misuse.

You represent that you have the rights, licenses, permissions, and consents necessary for us to use Your Content for these purposes.

12. Intellectual Property

Send An Oops, our website, software, interfaces, branding, original graphics, text, logos, designs, and other content created by us are owned by Send An Oops or our licensors and are protected by applicable intellectual property laws.

These Terms do not transfer ownership of our intellectual property to you.

Third-party brands

The ability to enter a company name, brand name, or other text into a personalization field does not give you permission to use another party's trademark, logo, trade dress, copyrighted material, or other intellectual property.

You may not use Send An Oops to create an unauthorized counterfeit product or to falsely represent that an unaffiliated company created, shipped, sponsored, approved, or endorsed an order.

Feedback

If you voluntarily give us ideas, suggestions, or feedback about Send An Oops, you permit us to use that feedback without restriction or compensation to you, provided we do not identify you publicly without permission.

13. AI-Assisted Features

Some Send An Oops features may use artificial intelligence to draft, rewrite, personalize, or suggest messages and other content.

AI-generated content is automatically generated and may:

• Contain mistakes.
• Misunderstand your input.
• Use inappropriate wording.
• Produce unexpected results.
• Produce content similar to content generated for others.

You are responsible for reviewing and approving AI-generated content before purchasing, printing, sending, or otherwise using it.

AI output is provided for convenience and is not legal, financial, medical, mental-health, or other professional advice.

Do not submit unnecessary sensitive information into AI-assisted features.

Use of AI features remains subject to our Acceptable Use Policy.

14. QR Codes & Digital Content

Certain products may contain QR codes or links leading to videos, messages, images, websites, or other digital content.

You are responsible for content and destinations you provide.

Third-party websites or hosting services may change, expire, become unavailable, remove content, or modify their services after an order is created.

Unless expressly promised otherwise, we do not guarantee that a third-party URL or externally hosted resource will remain available indefinitely.

15. Acceptable Use

You must comply with our Acceptable Use Policy.

Among other restrictions, you may not use Send An Oops for fraud, unlawful impersonation, intellectual property infringement, harassment, threats, phishing, illegal activity, malicious QR destinations, platform abuse, or other prohibited purposes.

We may refuse to produce, transmit, or fulfill content that we reasonably believe violates these Terms, our policies, or applicable law.

16. Third-Party Services

Send An Oops depends on third-party companies to provide parts of the Services.

Depending on the features you use, these providers may include:

• Stripe for payment processing.
• Google Firebase for authentication, database, storage, or related application services.
• Vercel for website and application infrastructure.
• Canada Post and shipping providers.
• Stallion Express and related shipping services.
• AI service providers.
• Email and communications providers.
• Analytics and advertising services.

Third-party services are subject to their own terms, policies, limitations, and availability.

To the fullest extent permitted by law, Send An Oops is not responsible for failures caused solely by a third-party service that is outside our reasonable control.

17. Privacy

Our collection, use, disclosure, and retention of personal information is described in our Privacy Policy.

Our use of cookies and similar technologies is described in our Cookie Policy.

18. Service Availability

We work to keep Send An Oops available and functioning, but we do not guarantee uninterrupted or error-free operation.

We may temporarily restrict access for maintenance, security, upgrades, emergencies, or other operational reasons.

Features may change or be discontinued over time.

19. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT A PARTICULAR TIME.

WE DO NOT GUARANTEE THE ACCURACY OR APPROPRIATENESS OF AI-GENERATED CONTENT, DELIVERY ESTIMATES PROVIDED BY THIRD-PARTY CARRIERS, OR CONTENT HOSTED BY THIRD PARTIES.

NOTHING IN THESE TERMS EXCLUDES WARRANTIES, CONDITIONS, RIGHTS, OR REMEDIES THAT CANNOT LAWFULLY BE EXCLUDED UNDER APPLICABLE CONSUMER PROTECTION LAW.

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SEND AN OOPS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE SERVICES.

THIS MAY INCLUDE LOSS ARISING FROM:

• Carrier delays.
• A separate retailer's delayed gift.
• Third-party service interruptions.
• Incorrect customer-provided addresses.
• Customer-approved personalization mistakes.
• Customer-provided links or QR destinations.
• Reliance on AI-generated content.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR A CLAIM RELATING TO A PARTICULAR ORDER OR PURCHASE WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO SEND AN OOPS FOR THE ORDER, PRODUCT, OR SERVICE GIVING RISE TO THAT CLAIM.

The limitations above do not apply where liability cannot lawfully be limited or excluded.

21. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold Send An Oops and its officers, employees, contractors, and service providers harmless from third-party claims, damages, liabilities, and reasonable costs arising from:

• Your unlawful use of the Services.
• Your material violation of these Terms.
• Your violation of the Acceptable Use Policy.
• Your Content infringing another person's intellectual property, privacy, publicity, or other rights.
• Fraudulent or deceptive conduct carried out through your account.

This section does not require you to indemnify us for losses caused by our own unlawful conduct where such an obligation would be prohibited by applicable law.

22. Suspension & Termination

You may stop using Send An Oops at any time.

We may restrict, suspend, or terminate an account or transaction where reasonably necessary because:

• These Terms have been materially violated.
• Our Acceptable Use Policy has been violated.
• Fraud or unauthorized payment activity is suspected.
• The account creates a security risk.
• Payment obligations remain unpaid.
• We are required to do so by law.

Where appropriate and legally required, we may provide notice or an opportunity to address the problem before termination.

Provisions that by their nature should survive termination, including provisions relating to ownership, payment obligations, liability, indemnification, and disputes, will continue to apply.

23. Events Outside Our Control

We will not be responsible for delay or failure caused by events outside our reasonable control to the extent permitted by law.

These events may include:

• Severe weather.
• Natural disasters.
• Postal or courier disruptions.
• Labour disputes.
• Internet or infrastructure outages.
• Government actions.
• War or civil unrest.
• Public health emergencies.
• Failures of third-party infrastructure.

We will take commercially reasonable steps to reduce the impact of these events where practical.

24. Governing Law & Disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law principles.

Subject to any mandatory rights you may have under applicable consumer protection law, disputes relating to these Terms or the Services will be subject to the courts located in Ontario, Canada.

If applicable law gives you the right to bring a claim in another jurisdiction or prohibits the choice of law or forum above, those mandatory legal rights are not waived by these Terms.

25. Changes to These Terms

We may update these Terms from time to time as Send An Oops changes or as legal requirements evolve.

When we make changes, we will update the "Last updated" date shown at the top of this page.

Where required by law, we will provide additional notice or obtain consent before materially revised Terms apply.

26. General Terms

Entire agreement

These Terms and the policies incorporated into them constitute the agreement between you and Send An Oops concerning your use of the Services, except where we enter into a separate written agreement with you.

Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

No waiver

If we do not immediately enforce a provision of these Terms, that does not mean we waive our right to enforce it later.

Assignment

You may not transfer your rights or obligations under these Terms in a manner that would materially affect our rights without our consent.

We may transfer these Terms in connection with a merger, acquisition, restructuring, financing, or sale of all or part of our business, subject to applicable law.

Relationship

Nothing in these Terms creates a partnership, joint venture, employment relationship, franchise, or agency relationship between you and Send An Oops.

27. Contact Us

If you have questions about these Terms, an order, or your Send An Oops account, contact us.