Terms of Service

You must be at least 18 years old (or the age of majority where you live) and able to form a binding contract to use the Service. The Service is offered to users in the United States; cards are currently produced and mailed within the United States only.

Kaiva stores the people and dates you choose, and produces and mails physical greeting cards on your behalf and at your direction. You control who receives cards, on what occasions, and (within the personalization window) what they contain. Kaiva acts on your instructions; you are the sender of every card.

You are responsible for your account credentials and for all activity under your account. Provide accurate information, including recipient names and mailing addresses — we produce and mail based on what you enter, and we are not responsible for cards sent to an address you supplied incorrectly. Notify us at support@kaivamoments.com of any unauthorized use.

4.1 Plans.Kaiva is sold as a subscription. Each plan grants a number of “moments” per billing period; one moment is used for each card Kaiva produces and mails. Current plans, prices, and what each includes are shown at checkout and on our pricing page. Additional moments may be purchased on demand by active subscribers.

4.2 Automatic renewal. Your subscription renews automatically - monthly plans each month, annual plans each year - and the payment method on file is charged the then-current plan price at the start of each new period, until you cancel. By subscribing, you authorize these recurring charges.

4.3 Annual plans.Annual plans are billed once per year and grant the full year’s moments upfront. We will send you a reminder before each annual renewal.

4.4 Cancellation. You can cancel anytime in your billing settings, or by emailing support@kaivamoments.com. Cancellation stops future charges; your subscription (and the ability to receive new plan moments) continues through the end of the period you already paid for.

4.5 Price changes.We may change prices with at least 30 days’ advance notice; changes apply from your next renewal. If you don’t agree, cancel before the renewal.

4.6 Moments do not expire and survive cancellation. Moments roll over and do not expire while your account exists. If your subscription ends, moments already in your balance remain in your account and can still be used to send cards — you keep what you paid for. (You need an active subscription to receive new plan moments or to buy additional moments, but not to spend a balance you already have.) Deleting your account forfeits any remaining balance.

4.7 Refunds. Refunds, reprints, and moment returns are governed by our Refund Policy. Except as stated there or required by law, subscription fees and moments are not redeemable for cash.

4.8 Taxes. Prices may not include sales or similar taxes, which are added at checkout where applicable.

5.1 Your content.“Your Content” means the photos, messages, names, addresses, dates, and other material you submit. You own Your Content. These Terms do not transfer ownership of Your Content to us.

5.2 License you grant us. So that we can operate the Service, you grant Kaiva a worldwide, non-exclusive, royalty-free license to host, store, copy, process, adapt (e.g., crop, scale, color-correct, and composite for print), print, and transmit Your Content, and to sublicense it to the service providers we use to provide the Service (such as our print and mail partner and our automated content-screening provider) — in each case solely to provide, secure, and improve the Service and to comply with law. This license ends when Your Content is deleted from our systems per our retention practices, except where we must retain it to comply with law. We do not use Your Content for advertising and do not sell it.

5.3 Your responsibilities for Your Content. You represent and warrant that: (a) you own or have all rights and permissions needed for us to use Your Content as described above, including permission from people who appear in photos you upload; (b) you have a genuine personal or professional relationship with each recipient and a lawful basis to have a card mailed to them; and (c) Your Content and your use of the Service comply with the Acceptable Use Policy and applicable law.

5.4 Content screening and enforcement.Uploaded photos and message text are screened by automated tools before production, and our staff sees each card during fulfillment. We may decline to produce, remove, or refuse any content that we reasonably believe violates these Terms, the Acceptable Use Policy, or the law; we may suspend or terminate offending accounts. We report apparent child sexual abuse material to the National Center for Missing & Exploited Children and cooperate with law enforcement as required by law. Automated screening is imperfect; we do not guarantee it will catch or correctly judge all content, and you remain responsible for what you submit. If you believe we blocked your content in error, contact support@kaivamoments.com and a human will review.

Cards are mailed to people you choose, who may not be Kaiva users. You are responsible for your choice of recipients and for the content they receive. If a recipient asks us not to receive further mail through Kaiva, we will honor that request (see Information for card recipients) and cards to that address will be blocked; any reserved moment is returned to your balance.

The Service, including our software, brand, and our card design templates and artwork, is owned by Kaiva or its licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable license to use the Service and to personalize our card designs for cards produced through the Service. You may not copy, resell, extract, or reproduce our designs or artwork outside the Service. Your personalization of a design does not give you ownership of the underlying design or artwork. You own Your Content that appears on the card, and the recipient owns the physical card they receive.

We respond to copyright infringement notices under the Digital Millennium Copyright Act. See our DMCA Policy. We may terminate accounts of repeat infringers.

A card locks for production roughly 7 days before its occasion. Before it locks, you can edit, reschedule, or cancel it and any reserved moment returns to your balance. Once locked, a card is in production and cannot be changed, recalled, or refunded, except as provided in the Refund Policy.

We hand cards to the postal carrier on a schedule designed for on-time arrival. Cards are sent by standard letter mail, which does not include tracking. We are not responsible for postal carrier delays once a card is mailed on schedule, and we are not responsible for late arrival of cards you create inside the 7-day production window (you will be asked to acknowledge this when creating one). If a card is lost, damaged, or never arrives, the Refund Policy describes how we make it right.

You may stop using the Service and delete your account at any time. We may suspend or terminate your account if you materially breach these Terms (including the Acceptable Use Policy), if required by law, or if we discontinue the Service. If we terminate without your breach, or discontinue the Service, we will refund the cash price of unused purchased moments and a pro-rata share of any prepaid subscription period. If we terminate for your material breach, we may withhold remaining moments to the extent permitted by law. Sections that by their nature should survive termination (including 5.2’s retention tail, 7, and 12-18) survive.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, KAIVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT AUTOMATED SCREENING WILL BE ACCURATE, OR THAT EVERY CARD WILL ARRIVE BY A PARTICULAR DATE. Some jurisdictions do not allow certain warranty disclaimers, so parts of this section may not apply to you; you may have rights that cannot be disclaimed, and nothing here limits them.

TO THE FULLEST EXTENT PERMITTED BY LAW: (a) KAIVA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, GOODWILL, OR DATA; AND (b) KAIVA’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS YOU PAID KAIVA IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limits do not apply to liability that cannot be limited by law, including liability for our gross negligence, willful misconduct, or fraud. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

You will defend, indemnify, and hold harmless Kaiva and its members, managers, employees, and agents from claims, damages, and reasonable costs (including attorneys’ fees) arising from: (a) Your Content; (b) your choice of recipients or a recipient’s claims relating to a card you sent; (c) your breach of these Terms or the Acceptable Use Policy; or (d) your violation of law or of someone else’s rights. We may assume the defense of any matter subject to indemnification, in which case you will cooperate with us.

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. Subject to Section 16, any dispute that proceeds in court will be brought exclusively in the state or federal courts located in Los Angeles County, California, and the parties consent to their jurisdiction. If you are a consumer, this section does not deprive you of mandatory consumer protections of the state where you live.

Please read this section carefully. You can opt out (see 16.7).

16.1 Informal resolution first. Before filing any claim, you and Kaiva agree to try to resolve the dispute informally: send a written notice describing the dispute to legal@kaivamoments.com (or we will send one to your account email), and both sides will negotiate in good faith for 60 days. Most issues get fixed here.

16.2 Arbitration.If we can’t resolve it informally, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Consumer Arbitration Minimum Standards, before a single arbitrator. The Federal Arbitration Act governs this section. The arbitration will be held in the county where you live or remotely by videoconference, at your choice. For claims under $10,000, you may choose to proceed by documents only. Kaiva will pay arbitration fees beyond what the JAMS consumer standards require you to pay.

16.3 Exceptions. Either party may instead: (a) bring an individual claim in small claims court; or (b) seek injunctive or other equitable relief in court for infringement or misuse of intellectual property or for unauthorized access to the Service. And nothing in this section waives your right, if California law gives you one, to seek public injunctive relief in court - any claim for public injunctive relief will be decided by a court, with all other claims arbitrated, and the arbitration of the other claims will proceed first.

16.4 Class action waiver. Disputes will be resolved on an individual basis only. Neither you nor Kaiva may bring or participate in a class, consolidated, or representative action, and the arbitrator may not consolidate claims or preside over any form of class proceeding. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court, after arbitration of all arbitrable claims.

16.5 Jury waiver. To the extent a dispute proceeds in court, both parties waive any right to a jury trial, where such waiver is permitted.

16.6 Severability of this section. If any part of this Section 16 (other than the class waiver in 16.4) is found unenforceable, the rest of it still applies.

16.7 Your right to opt out. You may opt out of this arbitration agreement and class waiver by emailing legal@kaivamoments.com within 30 days of first accepting these Terms, with your name, account email, and a statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

We may update these Terms. For material changes we will give at least 30 days’ notice by email or in-app notice before the change takes effect, and the “Last updated” date will change. Changes do not apply retroactively. If you continue to use the Service after the effective date, the updated Terms apply; if you do not agree, cancel and stop using the Service before then. Material changes to Section 16 will not apply to disputes that arose before the change.

These Terms (with the policies they incorporate) are the entire agreement between you and Kaiva about the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets, with notice to you. We are not liable for delays or failures caused by events beyond our reasonable control (including postal service disruptions, natural disasters, and internet or utility failures). Notices to us: legal@kaivamoments.com or KAIVA LLC, 1732 Aviation Blvd, Unit #1627, Redondo Beach, CA 90278. Notices to you: your account email.

KAIVA LLC · 1732 Aviation Blvd, Unit #1627, Redondo Beach, CA 90278 · support@kaivamoments.com