Terms of Service

The short version

• You need to be 16 or older to use Fondfully. Keep your sign-in details safe.
• Your vault is yours. It lives on your devices and in your own cloud, and we can't see it. We also can't recover your vault passphrase or recovery code, so keep them safe.
• Use Fondfully lawfully and kindly, especially the gift briefs you share.
• Plus is sold through the App Store and Google Play, under our Subscription Terms.
• Reminders, return windows and holiday dates are helpful estimates, not guarantees. Always check a store's own return policy.
• If something goes wrong between us, we'll try to sort it out informally first. If you live in the United States, you and we agree to resolve disputes by individual arbitration instead of in court, unless you opt out within 30 days (see section 18). Consumers in the EU, the UK and other places where the law requires it keep their local rights and courts.

1. About these terms

These Terms of Service ("Terms") are an agreement between you and Epicalin, LLC, 1810 N Burning Bush Ln, Mount Prospect, Illinois 60056, United States ("Fondfully", "we", "us" or "our"). They cover the Fondfully apps for iPhone and Android, the website fondfully.com (including gift brief pages), our servers and our support (together, the "Service").

These Terms include the end-user license agreement for the Android app and the website (section 5). If you downloaded Fondfully from Apple's App Store, your license to the iOS app is governed by Apple's Licensed Application End User License Agreement (the "Apple EULA"), together with the additional terms in section 12; these Terms govern the rest of your use of the Service. If these Terms and the Apple EULA conflict about your license to the iOS app, the Apple EULA applies.

These documents also form part of our agreement, and apply as they're updated from time to time:

• the Subscription Terms, for Fondfully Plus;
• the Acceptable Use Policy.

Our Privacy Policy, Refund Policy and Affiliate Disclosure explain how we handle personal information, refunds and affiliate links.

You accept these Terms when you check the box confirming you're 16 or older and agree to them, when you create an account, or when you use the Service. If you don't agree, please don't use Fondfully.

2. Who can use Fondfully

To use Fondfully, you must:

• be at least 16 years old;
• if you're under the age of majority where you live, have your parent or guardian's permission, and they agree to these Terms for you;
• be able to form a binding agreement, and not be barred from using the Service under the laws that apply to you; and
• not have had a Fondfully account removed for breaking these Terms, unless we've told you that you may come back.

Fondfully is for personal, non-commercial use: planning gifts for the people in your life.

3. Your account

You need an account to use Fondfully. You can create one with an email address and password, with Google, or on iPhone with Apple.

• Give us accurate information, and keep your email address up to date so you can receive codes and important notices.
• Keep your password and devices secure. Don't share your account; each account is for one person.
• You're responsible for what happens in your account. If you think someone else has used it, change your password, use Settings › Account › Signed-in devices › Sign out everywhere, and tell us at support@fondfully.com.
• Your use of Sign in with Apple or Google Sign-In is also subject to Apple's or Google's terms.

4. The Service

Fondfully is a private gift planner and memory vault. Some features are free and some are part of Fondfully Plus. What each plan includes is described in the app and in the Subscription Terms.

We're always improving Fondfully, so features may change, and some may be added to or removed from a plan. Some features need an internet connection, a supported device and operating system, or the latest version of the app; from time to time the app may ask you to update before you can keep using features that depend on our servers. We may briefly pause server features for maintenance; the vault on your device keeps working in the meantime.

We may offer features marked as beta or preview. They may be less reliable, and we may change or remove them.

If we ever decide to stop offering Fondfully altogether, we'll give you at least 90 days' notice so you can export your vault.

5. License to use the apps (end-user license)

This section is the end-user license agreement for the Android app and the website. For the iOS app, see section 1 and section 12.

License. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use the Fondfully app on devices you own or control, and to use the website, for your personal, non-commercial use. If you downloaded the app from Google Play, your use of Google Play is also subject to Google Play's terms.

Open-source components. Some parts of the apps are open-source software licensed under their own terms, listed in the app under Settings › About › Open-source licenses and in our Open-Source Licenses page. Nothing in these Terms limits your rights under those licenses.

Restrictions. Unless the law allows it despite this restriction, or we've agreed in writing, you won't, and won't help anyone else to:

• copy, modify, translate or create derivative works of the apps or the Service, beyond what this license allows;
• decompile, disassemble or reverse engineer the apps, or try to extract their source code, except to the extent applicable law expressly permits it (for example, to achieve interoperability), or as our Security and Vulnerability Disclosure policy allows;
• sell, rent, lease, lend, sublicense, distribute or otherwise make the apps or the Service available to others;
• remove or change any copyright, trademark or other notices;
• get around or interfere with security features, purchase verification, plan limits or rate limits;
• access the Service by automated means, such as bots or scrapers, other than through our apps and website as intended; or
• use the Service in breach of export control or sanctions laws.

Ownership. We and our licensors own the Service, the apps, their design and content, and the Fondfully name and logo. These Terms don't give you any rights in them except the license above.

Feedback. If you send us suggestions or ideas, we may use them to improve Fondfully without any obligation to you.

6. Your content and your vault

"Your content" means what you add to Fondfully: the information in your vault (people, sizes, dates, ideas, gifts, receipts, photos, voice notes, memories and notes), the gift briefs you share, and the messages and attachments you send us.

• You own your content. We don't claim any ownership of it.
• Your vault is stored on your devices and in your own iCloud or Google Drive, encrypted on your device. We don't host it, and we can't access, read, recover, restore or delete it for you.
• You're responsible for keeping access to it. That includes your devices, your iCloud or Google account, your vault passphrase and your recovery code. We can't reset or recover a passphrase or recovery code. If you lose both, and no device still has your vault unlocked, the copy in your cloud can't be opened by anyone. Your cloud provider's terms and storage limits apply to your cloud account. We recommend exporting your vault from time to time.
• Information about other people. Fondfully is meant for keeping gift-related notes about family and friends for personal and household purposes. You're responsible for the information you choose to record and share about others, and for respecting their privacy and the law.
• What you send to our servers. You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit and process the content you send to our servers (support messages, attachments, suggestions, and encrypted gift briefs and claims) only as needed to provide, secure and improve the Service, and only for as long as our Privacy Policy says we keep it.

7. Gift briefs

A gift brief is a web page you create from the app to share information about a person, such as their sizes, interests and ideas, with people you choose.

• You decide what to share and with whom. Anyone who has the whole link can open a brief and claim ideas on it until it expires or you stop sharing it. Share links only with people you trust, and include only information you're entitled to share and that the person (or, for a child, you as their parent or guardian) would be comfortable sharing.
• We can't see briefs. They're encrypted on your device with a key we never receive, so we don't review, edit or moderate their content. You're responsible for your briefs.
• We may disable a brief link, without being able to read it, if we reasonably believe it's being used in breach of these Terms, the Acceptable Use Policy or the law, or to protect the Service or other people.
• Claims are made by the people you share with. We don't verify them, and we can't guarantee that anyone who claims an idea will buy it.
• If you open or claim from a brief someone sent you, you may use the page only for its intended purpose, and the Acceptable Use Policy applies to you.

8. Acceptable use

You must follow our Acceptable Use Policy, which is part of these Terms.

9. Plus, payments and refunds

Fondfully Plus is sold through the App Store and Google Play, which process your payment under their own terms. The Subscription Terms explain prices, automatic renewal, cancellation, Family Sharing, promo codes and what happens when Plus ends. Refunds are handled by Apple or Google, as our Refund Policy explains.

10. Affiliate links

"Support Fondfully when you shop" is an optional setting, off by default. When it's on, some product links you open may carry our affiliate tag, and we may earn a commission at no extra cost to you. Any purchase you make is between you and the store. See our Affiliate Disclosure.

11. Third-party services

Fondfully works with services provided by others, including Apple (Sign in with Apple, the App Store, iCloud), Google (Google Sign-In, Google Play, Google Drive, ML Kit) and Cloudflare, and it can open or preview web pages from stores and other websites. These services are provided under their own terms and privacy policies, which you must follow where they apply to you, such as your cloud storage agreement and your mobile data plan. We don't control them, and we aren't responsible for their availability, content, products, prices, policies or practices.

12. Additional terms for apps from the App Store

If you downloaded Fondfully from Apple's App Store, you and we also agree that:

1. These Terms are between you and us only, not Apple. We, not Apple, are solely responsible for the app and its content.
2. Your license to the app is limited to a non-transferable license to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that it may also be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
3. We alone are responsible for providing any maintenance and support for the app, as set out in these Terms or as required by law. Apple has no obligation to provide any maintenance or support for the app.
4. We are solely responsible for any product warranties, whether express or implied by law, to the extent they aren't effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to a warranty are our responsibility, to the extent these Terms don't disclaim them.
5. We, not Apple, are responsible for addressing any claims by you or a third party relating to the app or your possession and use of it, including product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar laws.
6. If a third party claims that the app, or your possession and use of it, infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling and discharging that claim.
7. You represent and warrant that you are not located in a country subject to a US government embargo, or designated by the US government as a "terrorist supporting" country, and that you are not listed on any US government list of prohibited or restricted parties.
8. Questions, complaints or claims about the app should be directed to us at Epicalin, LLC, 1810 N Burning Bush Ln, Mount Prospect, Illinois 60056, United States, or support@fondfully.com.
9. You must comply with any applicable third-party terms when using the app, such as your wireless data service agreement.
10. Apple and its subsidiaries are third-party beneficiaries of these Terms. When you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

If you downloaded Fondfully from Google Play, Google is not a party to these Terms and has no responsibility for the app, and the Google Play Terms of Service also apply to your use of Google Play.

13. Disclaimers

Fondfully helps you remember and plan, but some of what it shows comes from rules, estimates and information that can change. In particular:

• Reminders and notifications are delivered on a best-effort basis. They depend on your device, its settings and permissions, battery and power management, time zone and operating system, and they can be delayed or not delivered. Please don't rely on Fondfully as your only reminder of an important date.
• Return windows that Fondfully suggests come from general store policies we compile, which stores can change at any time and which often have exceptions (for example, for electronics, sale items or holiday purchases). Apart from any affiliate programs described in our Affiliate Disclosure, we have no relationship with the stores, and we don't speak for them. Always check your receipt and the store's current policy. We're not responsible if a store refuses a return.
• Holiday dates. Dates for movable and lunar holidays, such as Easter, Hanukkah, Diwali, Eid al-Fitr and Lunar New Year, are calculated or come from published tables. Depending on where you live, your tradition or moon sightings, the day you celebrate can differ by a day or more.
• Link previews and prices show what a web page said when it was fetched, and can be incomplete, wrong or out of date.
• Receipt reading uses automatic text recognition, which can misread text. Check the details.
• Repeat alerts compare titles using a simple similarity rule, so they can miss a repeat or flag something that isn't one.
• Budgets add up the amounts you enter. They are not financial advice.
• Backup and sync depend on your cloud provider, your connection and your devices.

To the fullest extent permitted by law, the Service is provided "as is" and "as available", and we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Service will be uninterrupted, error-free or free of data loss.

Nothing in these Terms limits rights you have under the law that can't be limited by agreement, such as your statutory rights as a consumer in the EU, the UK or Australia. Some places don't allow certain warranties to be excluded, so some of the above may not apply to you.

14. Limitation of liability

To the fullest extent permitted by law:

• we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill or data, including missed occasions, gifts that arrive late, returns a store refuses, or a vault that can't be opened because its passphrase and recovery code were lost; and
• our total liability for all claims relating to the Service or these Terms is limited to the greater of the amount you paid for Fondfully Plus in the 12 months before the event giving rise to the claim, and US$50.

These limits don't apply to liability that can't be limited or excluded by law, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for our gross negligence or willful misconduct.

If you're a consumer in the EU or the UK, the two points above don't apply to you. Instead, we're responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or failing to use reasonable care and skill, but not for loss or damage that isn't foreseeable. Loss is foreseeable if it's obvious it will happen, or if both of us knew it might happen when you accepted these Terms. Fondfully is for personal use, so we're not liable to you for business losses.

15. Indemnity

If you use the Service in breach of these Terms or the Acceptable Use Policy, infringe someone else's rights, or break the law, including through a gift brief you share, you agree to defend and indemnify Fondfully and its personnel against third-party claims, and related losses and reasonable costs, arising from that. We'll tell you promptly about any such claim and cooperate with you. This section doesn't apply to consumers where the law doesn't allow it.

16. Suspension and termination

• You can stop using Fondfully at any time. You can delete your account in the app under Settings › Account › Delete account, or as our Account Deletion page explains. Deleting your account doesn't cancel a subscription with Apple or Google; cancel it in the store.
• We may suspend or end your access to all or part of the Service, or disable gift brief links, if you seriously or repeatedly break these Terms or the Acceptable Use Policy, if the law requires it, or if it's necessary to prevent harm, fraud or a security risk. Where it's reasonable and lawful, we'll tell you why and give you a chance to respond first.
• If we end your access for reasons other than serious misuse, we'll give you at least 30 days' notice, so you can export your vault.
• When your access ends, your license ends too. Your vault stays on your devices and in your own cloud, as always. If your access ends because you broke these Terms, you're not entitled to a refund, except where the law or the store's policy provides one.
• Sections that by their nature should continue after these Terms end will continue, including sections 5 (Ownership and Feedback), 6, 13, 14, 15, 18 and 19.

17. Changes to these Terms

We may update these Terms from time to time. When we do, we'll publish the new version with a new date, and earlier versions will stay available on fondfully.com. If a change is significant, we'll tell you in the app or by email at least 30 days before it takes effect, unless the change is needed sooner for legal or security reasons, or only concerns new features. Where your agreement is needed, the app will ask you to accept the new version. If you don't agree to a change, you can stop using Fondfully and delete your account before it takes effect.

Changes to section 18 won't apply to a dispute that you or we notified the other about before the change took effect.

18. Governing law and resolving disputes

Talk to us first. Most concerns can be sorted out quickly. Before starting any formal proceedings, you and we agree to try to resolve the dispute informally for at least 60 days. To start, send a written notice describing the dispute and what you'd like us to do to Epicalin, LLC, 1810 N Burning Bush Ln, Mount Prospect, Illinois 60056, United States, with a copy to support@fondfully.com. We'll send any notice to you at the email address on your account. Time limits for bringing a claim are paused while we try to resolve it this way.

Governing law. These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-laws rules, except where the law of the place you live says otherwise (see "Consumers outside the United States" below). The US Federal Arbitration Act governs the arbitration agreement below.

Arbitration agreement for users in the United States

This agreement affects your legal rights. Please read it carefully. If you live in the United States, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service that we can't resolve informally will be resolved by binding individual arbitration, not in court, except as set out below.

• Provider and rules. The arbitration will be administered by the American Arbitration Association (AAA) under its rules for consumer disputes in effect when the arbitration starts. The arbitrator decides all questions about the dispute, including the scope and enforceability of this agreement, except that a court decides questions about the class action waiver below.
• Where and how. The arbitration will take place in the county where you live, or by video, phone or written submissions if you prefer.
• Costs. Fees are paid as the provider's consumer rules require. Where those rules don't say otherwise, we'll pay any filing, administration and arbitrator fees above the court filing fee you would have paid, unless the arbitrator finds your claim frivolous or brought for an improper purpose.
• Small claims. Either of us may instead bring an individual claim in small claims court, if it qualifies and stays there.
• Intellectual property. Either of us may ask a court for an injunction to stop infringement or misuse of intellectual property rights.
• Individual claims only. You and we may bring claims against each other only individually, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding, and the arbitrator may award relief only to the individual party asking for it. You and we both waive any right to a jury trial.
• Public injunctive relief. If a claim for public injunctive relief can't be arbitrated under the law that applies, that claim will be decided by a court after the individual claims are arbitrated, and it won't be arbitrated.
• If part of this agreement fails. If the class action waiver is found unenforceable for a particular claim, that claim will go to court, not arbitration. Any other part of this agreement found unenforceable will be severed, and the rest still applies.

Opting out. You can opt out of this arbitration agreement within 30 days of first accepting these Terms, by emailing support@fondfully.com from the address on your account with the subject "Arbitration opt-out", and including your name and a clear statement that you're opting out. Opting out doesn't affect any other part of these Terms.

Courts. If you opt out, or a claim isn't subject to arbitration, it will be decided exclusively by the state or federal courts located in the State of Illinois, and you and we consent to their jurisdiction, except where the law of the place you live requires otherwise.

Consumers outside the United States

The arbitration agreement and class action waiver above don't apply to you.

• EU, EEA, UK and Switzerland. If you're a consumer living in one of these places, you keep the protection of the mandatory laws of your country of residence, and you may bring proceedings about these Terms in the courts where you live. We may bring proceedings against you only in those courts.
• Everywhere else. Disputes will be decided by the courts located in the State of Illinois, unless the law of the place you live gives you the right to bring proceedings there.

19. General terms

• Entire agreement. These Terms, together with the documents they incorporate, are the whole agreement between you and us about the Service, and replace any earlier agreements about it.
• Severability. If any part of these Terms is found unenforceable, the rest stays in effect, and the unenforceable part will be applied as closely to its intent as the law allows.
• No waiver. If we don't enforce a part of these Terms straight away, we can still enforce it later.
• Assignment. You may not transfer your rights under these Terms without our consent. We may transfer ours as part of a merger, acquisition or sale of assets, or to an affiliate, if your rights under these Terms aren't reduced; we'll tell you if we do.
• Events beyond our control. We're not responsible for delays or failures caused by events we can't reasonably control, such as outages at our providers, natural disasters or changes in the law.
• Notices. We may send you notices by email or in the app. Send notices to us as described in section 18.
• Language. These Terms are written in English. If we provide a translation, the English version applies where the law allows.
• No other beneficiaries. Apart from Apple as described in section 12, no one else has rights under these Terms.
• Our relationship. You and we are independent parties. These Terms don't create a partnership, employment or agency relationship.

20. Contact us

• Email: support@fondfully.com
• Post: Epicalin, LLC, 1810 N Burning Bush Ln, Mount Prospect, Illinois 60056, United States