These Terms & Conditions ("Terms") are a legal agreement between you and Boulder Digital Media LLC, doing business as A Note For You ("we," "us," "our"), governing your access to and use of the A Note For You website, application, and related services (collectively, the "Service"). By creating an account, subscribing, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
If you are accessing content through the Service as a recipient of a gift (i.e., someone else purchased a subscription and shared a gift link with you), the sections of these Terms marked as applicable to Recipients also apply to you, even though you have not created an account.
You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account or purchase a subscription. By using the Service as an account holder, you represent that you meet this requirement. The Service is not directed at children, and we do not knowingly allow anyone under 18 to create an account.
A Note For You lets a subscriber ("Buyer") create one or more "gifts" consisting of a series of personal notes and optional photos, which are delivered on a schedule (daily, weekly, or monthly) to a designated recipient ("Recipient") via a private web link, email, push notification, and/or SMS, depending on the options the Buyer and Recipient select. We may add, change, or remove features of the Service at any time.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate information when creating an account and to keep it up to date. Notify us immediately at support@anoteforyou.app if you suspect unauthorized use of your account.
The Service is offered on a subscription basis, billed monthly or annually as selected at checkout, plus any optional add-ons you enable (such as additional gift slots or SMS delivery). All payments are processed by our third-party payment processor, Stripe; we do not store your full payment card details.
"User Content" means the notes, photos, and any other material a Buyer uploads or creates through the Service. You retain ownership of your User Content. By submitting User Content, you grant us a limited, worldwide, royalty-free license to host, store, reproduce, transmit, and display it solely as necessary to operate and provide the Service to you and the Recipient(s) you designate — for example, delivering it by email, push notification, or SMS, and displaying it on the gift page.
You are solely responsible for your User Content and for having all necessary rights to upload it (including rights to any photos of other people). We do not pre-screen User Content and do not endorse any of it.
Your use of the Service, including all User Content, must comply with our Code of Conduct, which is incorporated into these Terms by reference. Prohibited content and conduct include, without limitation, nudity or sexually explicit material, content that exploits or endangers minors, illegal content, harassment, and impersonation. We may remove content or suspend or terminate accounts that violate the Code of Conduct or these Terms, without notice and without refund.
A Recipient accesses a gift through a private link provided by the Buyer, optionally protected by a password the Buyer or Recipient sets. Recipients may choose delivery preferences (email, push, SMS) and may be asked to provide an email address or phone number for that purpose. Recipients are bound by the Acceptable Use provisions of these Terms and the Code of Conduct with respect to any content or information they submit (for example, a delivery password or contact preferences).
The Buyer is responsible for ensuring they have the Recipient's consent to receive communications and to have their personal content (photos, notes) shared with them through the Service.
We rely on third-party providers to operate the Service, including for hosting and database services, payment processing, email delivery, and SMS delivery. Your use of the Service is also subject to the applicable terms of those providers where relevant. See our Privacy Policy for details on which providers process your data.
Other than User Content, the Service — including its design, text, graphics, logos, and software — is owned by Boulder Digital Media LLC or its licensors and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from the Service except as expressly permitted.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT GUARANTEE THAT ANY NOTE, PHOTO, EMAIL, PUSH NOTIFICATION, OR SMS WILL BE DELIVERED SUCCESSFULLY OR ON TIME, AS DELIVERY DEPENDS IN PART ON THIRD-PARTY NETWORKS AND SERVICES OUTSIDE OUR CONTROL.
TO THE FULLEST EXTENT PERMITTED BY LAW, BOULDER DIGITAL MEDIA LLC, ITS OWNERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, CONTENT, GOODWILL, OR PROFITS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
You agree to indemnify and hold harmless Boulder Digital Media LLC and its owners, employees, and contractors from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your User Content, or your violation of these Terms or applicable law.
We may suspend or terminate your access to the Service at any time, with or without cause, including for violation of these Terms or the Code of Conduct. You may stop using the Service and cancel your subscription at any time. Provisions of these Terms that by their nature should survive termination (including Sections 11–13) will survive.
These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the state and federal courts located in Colorado, and you consent to personal jurisdiction there. Before filing a claim, you agree to first contact us at support@anoteforyou.app so we can attempt to resolve the issue informally.
We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date above and, where appropriate, notify account holders. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. These Terms, together with the Privacy Policy and Code of Conduct, constitute the entire agreement between you and us regarding the Service.
Questions about these Terms can be sent to support@anoteforyou.app.